By John Schwing

WESTPORT — A plan to replace a small, century-old cottage at Old Mill Beach with a larger house — denied last month by the Zoning Board of Appeals — failed again to win the board’s support this week.

Slightly modified, the proposal for the new, raised flood-zone-compliant dwelling at 238 Hillspoint Road — in its fourth appearance on the ZBA’s agenda since last fall — did win three votes from the five-member board, but fell short of the four votes needed to approve variances sought by the applicant.

The plan has been criticized by neighbors — and several ZBA members — as too large both in terms of bulk and height for the 3,700-square-foot lot.

The raised single-family house, with about 2,200 square feet of living space, would be built on property now occupied by a singe-story cottage-style dwelling built in 1920 across from Old Mill Beach.

The latest ZBA hearing on the project took place Tuesday via Zoom.

While the living space encompasses two stories — built above a garage and capped by an attic — neighbors critical of the project repeatedly said it looks “four stories” tall.

FEMA regulations add new level of planning

The Hillspoint property, like many in the beachfront neighborhood, predates adoption of the town’s zoning regulations. It is considered “non-conforming” with Residence B regulations approved for the area since then. That now requires virtually every property owner in the area who plans any kind of home-improvement project to seek approval of variances from the ZBA, said Cindy Tyminski, the land-use consultant representing the applicant, Tanner White Architects. 

She displayed a graphic illustrating that nearly all homes in the Hillspoint/Sherwood Drive neighborhood have previously been granted variances by the board.

The applicant was asking the ZBA to approve variances for non-conforming new construction, property line setbacks, and building and total coverage as required under Residence B rules.

Tyminski said the applicant had listened to earlier criticisms of the plan at January’s meeting, and slightly reduced the “volume” of the structure by trimming the “cross gambrel” part of the roof design, but added that is not a “zoning metric.”

The structure’s two stories of living space — measured at 26 feet, 11 and 7/8 inches — are within the 27-foot limit using the town’s standard of the roof’s high midpoint, she said. However, the building’s ridge line, above the attic, would be 34 feet, 10 and 7/8 inches high, reduced from the previously proposed 36 feet and 8 inches — a measurement not regulated by zoning.

Because the house would be built in a flood zone, Federal Emergency Management Agency regulations mandate that its first level be raised at least a foot above the base flood elevation, which combined with calculations for average mean sea level, require it to be raised significantly higher above the ground than the existing house. 

That first level is not considered a “story” since its use would be restricted to a garage and storage only, Tyminski said.

The FEMA regulations, which influenced the design of the new house, now apply to all new construction as well as “substantial” home improvements in flood zones, which Tyminski said eventually will affect many other properties in the Old Mill neighborhood.

Jim Ezzes, the ZBA chair, agreed the board is routinely called on to approve variances for Old Mill area construction projects because of the widespread non-conforming status of properties.

When two stories look like four

Several neighbors weighed in during Tuesday’s hearing, all of them critical of the project.

Both Jen Posner and Joseph Fuller said that although the proposed house may comply with the town’s height regulations, within context of FEMA rules, to them it “reads” as four stories tall.

Posner said the house would be “massive to the edges” of its lot, creating pressure on owners of nearby properties to build homes of similar size so they would not be overwhelmed.

Fuller, an architect, added that he feels the plan “represents a significant overdevelopment of the lot,” which would “permanently alter the character” of the beach neighborhood.

Frank Bergonzi, owner of 246 Hillspoint Road, said his home has three bedrooms, as proposed at 238 Hillspoint, and is also FEMA compliant, but provoked no opposition from neighbors because its “bulk” is much less.

Old Mill views cannot legally be protected

Before the board closed the public hearing, Ezzes reminded members that the application conformed with existing height regulations despite how tall critics feel it appears. 

Most of the criticism, he added, appeared to be from neighbors concerned about having their views obstructed by the new house. While Ezzes sympathized, he said there are no state statutes that can be used to protect owners’ views.

Board member Josh Newman said he feels, as he did last month, the “size of the building coverage was too much.” 

“It’s too big,” Newman reiterated.

Ezzes differed, saying the plan was consistent with the way other applications in the neighborhood have been handled by the board.

R.B. Benson said the applicant appeared to be exploiting “a technicality” in the regulations to achieve compliance.

But Joe Scordato, who last month joined the board majority voting to deny the application, said although he remains “frustrated” by the town’s “outdated’ regulations for the Old Mill area, that Tuesday’s presentation on the modified plan convinced him to change his vote.

The yes votes by Ezzes, Scordato and Elizabeth Wong, the board’s vice chair, versus no votes by Newman and Benson, however, were not enough to overcome the rule that variances must be granted by a vote of at least four board members.

That meant the 238 Hillspoint Road application failed once again.

John Schwing, interim editor of the Westport Journal, has held senior editorial and writing posts at southwestern Connecticut media outlets for four decades. Learn more about us here.