GUILFORD—Paul Kaplan said he followed the rules when rebuilding a seasonal cottage in the Leetes Island neighborhood, but about 70 residents and their attorney begged to differ Wednesday night as they fought the construction.
The Zoning Board of Appeals agreed with neighbors of the seasonal cottage community, rejecting his request for a variance that would allow him to complete work on the home.
Kaplan went before the ZBA to defend the demolition of a cottage at 101 Great Harbor Road and recent construction of a new home, experiencing resistance from neighbors similar to the opposition he faced in 2008 when trying to build a sizable estate in Hamden.
He was told he had to apply for a variance because he added roof height and dormers on the new house as a way of protecting it from wind and shoreline storms. But that’s not allowed because the house doesn’t conform with zoning regulations, as it does not maintain an 8-foot setback from an abutting property line. The old house also failed to maintain the setback.
To receive the variance, Kaplan needed to show he has a hardship making it difficult or impossible to comply with the zoning code.
“I have from the very beginning offered a hand of friendship and respect and will continue to comply with regulations of the town,” Kaplan told the crowd at the Nathanael B. Greene Community Center. “This is a tiny house, a minor height variance if there is one at all. It was constructed with full, good intentions, and I believe it to be fully in compliance with what the town asks.”
Before they voted, ZBA members said they felt Kaplan brought the problem upon himself and presented no real hardship.
Zoning Enforcement Officer Regina Reid said Kaplan now has the option of appealing the decision, changing the roofline, or lifting and moving the house over.
Kaplan said he had originally asked the town’s permission to tear down the existing house and build a bigger one, though that plan was rejected because of septic system issues.
Kaplan then vowed to renovate the home, which would mean keeping at least one original wall, the floor and the foundation, and maintaining the same footprint as the old house.
However, Kaplan knocked down all the walls and has almost finished building a new house with more bedrooms, a higher roof peak and wider roof than the original, claim neighbors and Guilford attorney Thomas Crosby, who represents the Leetes Island Community Association. More bedrooms mean more people living in the home, and the septic system is inadequate for that much use, they allege.
“I started to renovate it, but the structure disintegrated from rot and termite damage. It was in horrendous condition,” Kaplan said, explaining why he built a brand new house.
Neighbors said that the project, if completed, would harm the environment, that Kaplan doesn’t have appropriate building permits and approvals, and that the dispute has disrupted the harmony of a close-knit community that follows the rules.
“We don’t want to be bad neighbors to Mr. Kaplan, but ... we’re concerned if you build bigger house, it will have an impact, not just on the view, but on the septic system, the wells. It affects everybody’s quality of life,” Crosby said. “Everybody’s gotta play by same rules, and if rules are there, they’ve gotta be enforced.”
Resident Robert White worried that approving a variance for Kaplan would mean others would attempt to skirt zoning rules in hopes of later receiving a variance.
“I’m fearful that if the board makes what, in my opinion, is the wrong decision, it will open the floodgates for whoever wants to build whatever they want to build in this town,” White said.
James Hedleston, president of the community association, presented a petition of 147 signatures protesting approval of the variance.
“We have no public water there, no sewer systems. Typically people share wells and have their own septics. When somebody comes in and just disregards these rules, it can really upset that balance,” Hedleston said.
Call Susan Misur at 203-789-5742.
