Fairfield ZBA approves six variances, denies one; Pine Creek appeal continued to March 6

The Fairfield Zoning Board of Appeals on Feb. 6 approved six variance applications for residential additions, detached garages and accessory dwelling units and rejected one request to extend a deck, with the board continuing a separate appeal involving a Pine Creek accessory structure until its March 6 meeting.

The decisions affect owners across several Fairfield neighborhoods. The board granted relief for projects at 223 High Meadow Drive; 323 Old Post Road; 1,320 Mill Plain Road; 29 Pease Avenue; 350 Brookside Drive; and 156 Mill River Road. It denied a deck extension at 1,721 Mill Plain Road. The board also continued an administrative appeal by Deborah Judelson challenging zoning compliance for an accessory structure at 282 Pine Creek Avenue until March 6 so members can review additional exhibits.

Why it matters: the votes allow a string of property owners to proceed with additions and accessory dwelling units (ADUs) that vary from setback or use rules in the Fairfield Zoning Regulations; the Pine Creek matter was paused because the board said it did not have sufficient time or clear exhibits to evaluate a complex claim about lot lines and lot coverage.

Most approvals were for modest variances on preexisting nonconforming lots or for projects the board said matched neighborhood character. Several applicants described constraints tied to lot shape, bedrock and existing foundations. The Pine Creek appeal introduced contested survey evidence and lot-coverage calculations that the board said required more time to review.

Key details from hearings and votes

- 223 High Meadow Drive: Brian Carey, appearing as agent for homeowners Steven Grievous and Julie Cochran, told the board the lot is irregular and a rear lot that requires setback measurements to the right-of-way and that bedrock and steep grade limit shifting the proposed one-story addition. The board voted to approve the variance to reduce the street-line setback as requested.

- 323 Old Post Road: Applicant identified himself on the record as John Belaskey, asking to remove a deteriorated one-car garage and build a larger two-car detached garage with a second-floor office and future potential for an ADU. The board noted the property is a corner lot and approved the request.

- 1,320 Mill Plain Road: Architect Jennifer Tierney and homeowner Susan Cipollaro said they want to convert an existing garage into a small accessory dwelling unit so Ms. Cipollaro’s parents can live on the property; the board approved the variance for a detached ADU.

- 1,721 Mill Plain Road: Owner Eric Kremheller asked to extend a deck 4 feet; he said the house sits at an angle to the lot line and that a tree stump and pool location limit alternatives. After discussion—members noted other design options exist— the board denied the variance (vote recorded: two yes, three no).

- 29 Pease Avenue: Owner Matt Hyde told the board he plans to enclose an existing front porch and add second-floor space above while keeping the current foundation; the board approved the variance to reduce the street-line setback.

- 350 Brookside Drive: Owner Isaac Alexander Jr. said he would convert a Cape Cod into a colonial-style home by building a second floor without widening the existing footprint because of steep grade and a constrained rear yard; the board approved the requested sideline variances.

- 156 Mill River Road: Owners Steven Heard and Chelsea McGee sought a second-floor addition above an attached garage with no lateral expansion. Neighbors who spoke supported the proposal; the board approved the variance.

- 282/297 Pine Creek Avenue (administrative appeal): Attorney Jamie Paoletti presented an appeal for Deborah Judelson challenging the zoning enforcement officer’s issuance of a certificate of zoning compliance for a detached garage built at 282 Pine Creek. The appellant raised questions about the deeded lot lines, lot coverage calculations and whether the garage sits on a separate parcel; Paoletti and Judelson sought to present multiple exhibits. Because the board could not clearly read or review all submitted materials during the meeting, it voted to continue that hearing to the board’s March 6 meeting and asked the parties to submit full exhibits in advance.

Votes at a glance

- 223 High Meadow Drive (Grievous/Cochran): approved (Yes: Brian; Katie O'Grady; Joe; Jane; Chair (member on record) — unanimous) - 323 Old Post Road (Belaskey/Blaich petition): approved (unanimous) - 1,320 Mill Plain Road (Keith and Susan Cipollaro): approved (unanimous) - 1,721 Mill Plain Road (Kremheller): denied (Yes: Brian; Katie O'Grady. No: Joe; Jane; Chair) - 29 Pease Avenue (Matt Hyde & Alyssa Russo): approved (unanimous) - 350 Brookside Drive (Isaac Alexander Jr.): approved (unanimous) - 156 Mill River Road (Steven Heard & Chelsea McGee): approved (unanimous) - 282/297 Pine Creek Avenue (Judelson appeal vs. zoning compliance for 282 Pine Creek): hearing continued to March 6 for additional exhibits and time to review

What the board and applicants said (selected quotes)

- "I'm Brian Carey, representing the homeowners, Mr. Steven Grievous and Julie Cochran," said Brian Carey when the High Meadow Drive application was called.

- "A ground level dwelling will allow him to enter and exit the home more easily," homeowner Susan Cipollaro said when describing why a converted garage is needed for her 92‑year‑old father.

- Attorney Jamie Paoletti urged the board to accept additional documentary evidence in the Pine Creek appeal and told members the case involves disputed surveys and lot-coverage calculations; the board decided to continue that matter to allow time to circulate and review exhibits.

What’s next

The board scheduled the continued Pine Creek hearing for March 6. Applicants whose variances were approved may proceed with required permit filings with town staff; any work that alters the use (for example establishing an ADU where none existed) remains subject to building permits and any other town approvals required at the staff level.

(Reporting note: This account is based on the ZBA meeting transcript and public comments during the Feb. 6, 2025 hearing.)