ZBA to Review Controversial Cos Cob Single Family Construction Approved in Error

The January 12, 2022 Planning and Zoning Board of Appeals Public Hearing includes two appeals from the owner, 775 Atlantic Street LLC, for a new single family house under construction at 26 Sinawoy in Cos Cob. The property is in the R7 single family zone and is .2030 acres.

James Garbarino, managing member of 775 Atlantic Street LLC, authorized Casey O’Donnell of O’Donnell Law LLC to secure permits and approvals from the town to develop the property.

The applicant is appealing the decision of the town’s building official and zoning enforcement official for revoking his permits and, alternately seeking variances for the number of stories that require a “half-story” be limited to space under a gabel, hop or gambrel roof to permit a three story home.

26 Sinawoy at right. Dec 16, 2021

The applicant is on the meeting agenda twice – first to appeal the alleged error in the Zoning Enforcement Officer’s revocation of zoning approval for a new dwelling located in the R-7 zone, and second, to request a variance of permitted number of stories to allow the continued construction of the house.

Per the appeal, “The owner received a zoning permit on June 21, 2021 to construct a new single family dwelling including a proposed attic story comprising 408 square ft, less than 40% of the second floor. On Dec 3, 2021, subsequent to the completion of framing and sheathing in keeping with the approved plans, zoning approval was revoked on the basis that the design of the third story was not classified as 65(a) (45.1). Half story areas were not contained under a gable, hop or gambrel roof.”

The applicant claims hardship because, “There is a practical difficulty in disassembling all, or portions of, a structure framed with engineered trus, I-joist framing, structural steel, all framed up from steel reinforced concrete piers, which was constructed with approval from the Town of Greenwich DPW Building Inspection division and ZEO.”

26 Sinawoy at right. Dec 16, 2021

The applicant claims that variance would not change the character of the neighborhood because, “The proposed structure meets requirements for Floor Area and building height, the property will remain in single-family residential use, the architecture is consistent with that of the immediately surrounding neighborhood and Town.”

The applicant said clear plans were provided at the time of the permit application, observed all procedural requirements of the Zoning and Building codes and was responsive to Town officials’ requests. The permit approval was revoked after the structure was framed and sheathed,and the nature of the error is one of good faith misinterpretation of the Biding Zone Regulations.

The Jan 12 meeting starts at 7:00pm, and will be held via Zoom. Click here for the links.

See also:

Stop Work Order Issued for Controversial Cos Cob House Construction on Sinawoy Dec 19, 2021