Date: Fri 10-Jan-1997

Publication: Bee

Author: ANDYG

Quick Words:

Ashlar-zone-change-expansion

Full Text:

Ashlar Seeks Zone Change For Expansion

B Y A NDREW G OROSKO

Planning and Zoning Commission (P&Z) members are considering making changes to

the town's EH-10 zoning regulations requested by Ashlar of Newtown, which

wants to expand its Toddy Hill Road facility.

The proposal submitted by Attorney Robert Hall on January 2 on behalf of

Masonicare and Ashlar of Newtown seeks to add language to the regulations on

elderly housing (EH-10).

The proposed rule changes would allow elevator shaft enclosures to protrude

four feet above the roofline of an elderly housing building, and also would

allow a parapet wall on such a building to rise four feet above the roofline.

The requested regulation changes are being sought in connection with Ashlar's

plans to submit an application to build another three-story building for

elderly housing at its Toddy Hill Road facility, according to Mr Hall. Ashlar

now operates a nursing home there. It wants to add an "assisted living"

building at the site.

For mechanical reasons, elevator shafts need to be higher than the roofline of

the building where they are installed, Mr Hall explained. A parapet wall would

enhance the look of the planned "assisted living" building, having it

architecturally match the nursing home there, Mr Hall explained.

Architect David Neal, representing Ashlar, said allowing a parapet roof to be

constructed on the proposed new building would visually balance the two

structures.

P&Z member James Boylan asked Mr Hall why Ashlar simply doesn't seek a zoning

variance from the Zoning Board of Appeals (ZBA) to let it build the elevator

shaft.

"I don't believe in variances, to be candid with you," the lawyer responded.

"I think we make a good case for what we want to do."

Mr Hall explained he doesn't believe that Ashlar would be entitled to receive

a zoning variance. In order to receive a variance, an applicant must

demonstrate that a hardship exists, and in the case of the elevator shaft rule

change request, there is no apparent hardship facing the applicant, he said.

"It is just not appropriate for a variance, in my opinion," he said.

The proposed addition to the Ashlar complex would be smaller than an expansion

project sought by Ashlar two years ago.

The proposed zoning amendments would apply only to the Ashlar property, Mr

Hall said.

P&Z members are expected to act on Aslar's requested zoning amendments at an

upcoming session.