Cromwell ZBA unanimously approves variances for Coles Road home, clears path to occupancy

Planning and Zoning · Meeting of March 10, 2026

Cromwell's Zoning Board of Appeals granted two setback variances Tuesday to allow a newly built Coles Road home to receive its certificate of occupancy. The board voted unanimously to approve application 26-02, filed by owner John T. Donovan for the property at 37 Coles Road, which was found to encroach approximately 0.7 feet into the required 20-foot side yard and — once the front porch was included — nearly seven feet into the required 40-foot front yard setback.

Staff member Andrew Armstrong told the board the original building plan had been approved as compliant; a mid-construction surveyor change, attributed to gaps in town monumentation records, produced the discrepancy. Written statements from three abutting property owners, including Timothy Ford of 35 Coles Road and Robert Hines of 39 Coles Road, expressed no objection. Armstrong reminded the board that financial hardship "is not considered a hardship" under Connecticut zoning law, and the board made no such finding in granting the approval.

In the full story:

• The complete report — 953 words

Source: the Planning and Zoning meeting of March 10, 2026, reported from the official video recording and transcript.

The Full Article

CROMWELL — March 10, 2026 — The Cromwell Zoning Board of Appeals voted unanimously Tuesday to grant two zoning variances to the owner of a newly constructed single-family home at 37 Coles Road, clearing the way for a certificate of occupancy on a property where a surveyor switch during construction left the finished house out of compliance with side and front yard setbacks.

The board also heard a proposal to shift from paper to digital agenda packets and tabled its annual election of officers to a future meeting.

The Full Story

Chairman John Keithman presided over the session, joined by commissioners Karen Sullivan, Dan Delisle, and Joe Morin, who was seated as an alternate at the opening of the meeting. Staff present included Bruce Triska, Andrew Armstrong, and department secretary Linda Ami.

The sole application before the board, case 26-02, was filed by applicant and property owner John T. Donovan of 41 Coles Road. Donovan explained that he purchased a foreclosed, severely deteriorated property at 37 Coles Road roughly four years ago, demolished the existing structure, poured a new foundation, and built a single-family home. When the original surveyor became unavailable during construction, a second surveyor was hired. The two surveys did not agree. The resulting discrepancy placed the finished structure 0.7 feet inside the required 20-foot side yard setback and — once the front porch was factored in — approximately 6 feet 10 inches inside the required 40-foot front yard setback.

Armstrong, a town staff member, clarified during the hearing that the original building plan submitted to the town had been compliant and was duly approved before construction began. The encroachment was not discovered until the as-built survey was completed. Armstrong attributed the discrepancy to a lack of visible monuments on the property and gaps in town records that made precise measurements difficult for the second surveyor.

Donovan submitted written statements from three neighboring property owners — Timothy Ford of 35 Coles Road, Robert Hines of 39 Coles Road, and Suzanne Rutner of Northwest Children's Center across the street — each expressing no objection to the placement of the home. No members of the public appeared to speak in opposition at the hearing.

"It sounds like the problem lay between the two surveyors and the discrepancy in why a non-conforming building was built and wasn't noticed until the as-built was done." [00:12:08] — Commissioner Dan Delisle

Commissioner Delisle pressed Donovan on the timeline between surveyors. Donovan confirmed the gap was more than six months and that the second surveyor was recommended by his real estate broker after the original was no longer available.

Armstrong reminded commissioners that financial hardship alone is not a valid basis for granting a variance under Connecticut zoning law.

"Financial considerations are not considered a hardship. So please keep that in mind. When you state a hardship on the record, it should not be for financial considerations." [00:19:14] — Andrew Armstrong, town staff

The board also briefly discussed whether the property's nonconforming status from its pre-regulation original structure could have protected the new construction. The consensus, with input from staff, was that because Donovan removed the original foundation entirely, the right to any prior nonconformity was extinguished.

Following closure of the public hearing, the board approved the variances unanimously. Armstrong instructed Donovan that the approval would not take effect until the variance is filed with the town clerk's office and that no additional work should proceed for 15 days to allow the appeal period to run after publication of the newspaper notice.

In administrative business, Armstrong announced a transition to digital agenda packets for future ZBA meetings, describing the change as an efficiency improvement. Paper plans in 11-by-17 format will still be brought to meetings for commissioners who want them. Armstrong also reminded commissioners of a state-required training obligation — four hours per two-year period, including one hour on fair housing — and noted that in-person sessions through UConn Extension in Haddam are scheduled for April and May.

The board approved the minutes of its January 22 meeting with three corrections: references to a "Joe Corliss" in the record were identified as errors and corrected to reflect the proper commissioner names, including Joe Morin and Dan Delisle.

Why It Matters

The variance approval removes the last administrative obstacle to a certificate of occupancy at 37 Coles Road, a property that had been vacant and deteriorated before Donovan's project. Without the variance, the finished home would have been unsaleable and unable to receive an occupancy permit. The encroachments — roughly eight inches on the side yard and just under seven feet on the front yard when the porch is included — were the product of a surveyor change mid-construction rather than an intentional deviation. The board's decision sets no formal precedent, but the case highlights the risk of surveyor transitions on properties with poor monumentation. The digital packet transition, targeted for the next meeting, will also change how applicants submit materials going forward.

Key Motions & Votes

- Vote: Seat Joe Morin as alternate commissioner Tally: Approved unanimously

- Vote: Approve the agenda Tally: Approved unanimously

- Vote: Open public hearing for application 26-02 Tally: Approved unanimously

- Vote: Close public hearing for application 26-02 Tally: Approved unanimously

- Vote: Grant two variances (side yard and front yard setbacks) for application 26-02, 37 Coles Road, John T. Donovan applicant Tally: Approved unanimously

• Action: Election of officers — Tabled to next scheduled meeting with a pending application

- Vote: Approve minutes of January 22, 2026 meeting with corrections Tally: Approved unanimously

Source

Cromwell's community access TV: Zoning Board of Appeals meeting, March 10, 2026