ZBA: Back to the drawing board for artist’s studio
Although it started out as a contentious encounter between an applicant and Zoning Board of Appeals member Phil DiOrio at the March 16 work session, the conversation led to a pathway that could open the door to agreement between both sides.Michael and Susan Ihne of 80 West Neck Road, were seeking variances to build a two-story, three-bay garage and workshop on their property that would fall 8 feet from the north property line and 10 feet from the south property line, instead of the required 25 feet.
The intent, Mr. Ihne said last October, was to provide the upper space as an artist’s studio for his wife, who is a painter.
“I need natural light,” Ms. Ihne told the ZBA last night, explaining her plan to paint in the attic of the new space.
But the ZBA has a problem with a building they believe would be too high and too near the property lines.
It wasn’t a hearing last night, but a discussion aimed at giving the applicants some guidance about what could pass muster with the ZBA, Town Attorney Laury Down explained.
At former meeting, ZBA chairman Doug Matz — who was absent last night — suggested moving the proposed garage structure to an area of the property where it wouldn’t require the lot line variances.
Mr. DiOrio suggested building the existing house outward, with many windows to provide light, but keeping it a one-story structure. Member Lynne Colligan suggested using skylights.
Despite other two-story buildings in the area, the ZBA stood firm last night in saying that those structures aren’t as near to property lines, ZBA members said.
“I followed all the zoning laws,” Mr. Ihne said, accusing the ZBA of trying to redesign the structure he said has already cost him $20,000.
“If you followed all the zoning laws, you don’t end up here,” Mr. DiOrio said.
To Mr. Ihne’s statement that his neighbors have no objection, Ms. Dowd explained that the ZBA had to consider that neighbors change and its obligation is to ensure that decisions are sound no matter who the neighbors are.
“We’re not trying to put you through the wringer,” Mr. DiOrio told Mr. Ihne.
The best way to proceed would be to set up a meeting with Mr. Matz when the chairman returned to town and the Ihnes’ architect to see if a plan could be worked out that would satisfy both the ZBA and the couple, Mr. DiOrio said.
“We’re trying to make this work,” he added.
With that, the Ihnes left, anticipating a meeting with Mr. Matz and another go-around with the ZBA.
In other actions, the ZBA laid out terms for two applications members were expected to approve at the March 23 regular meeting:
• Katherine Michel of 24 Wesley Avenue has complied with ZBA requests to scale back a brick patio and pathway; install an air conditioning unit with a noise level of no more than 55 decibels; abandoned a request for a bay window; and moved an area intended for a trash receptacle closer to her house.
That she will still be exceeding the 40 percent allowed lot coverage by 3.4 feet posed no problem for the ZBA, given the other changes to which Ms. Michel has agreed.
• The Carroll Family Trust needs a special permit to add a small second-story addition to a nonconforming house at 56 Tuthill Drive on Big Ram Island.
The neighbors association asked for assurance that a roadway being repaved would be fixed by the Carrolls should any damage occur during the construction phase.
The Carrolls have agreed to that stipulation. Environmental consultant Robert Herrmann stated at a hearing that the plans were in line with neighboring properties.
The footprint of the house remains the same and an upgraded septic system was recently installed.
