Town of Old Saybrook, CT - ZBA 030806.Minutes

ZBA 030806.Minutes

MINUTES OF THE ZONING BOARD OF APPEALS

MARCH 8, 2006

A Meeting of the Zoning Board of Appeals of the Town of Old Saybrook was held on Wednesday, March 8, 2006 at the Pasbeshauke Pavilion located at Saybrook Point Park, 155 College Street Extension and heard the following appeals and made the following decisions:

Seated for this evenings meeting were the following members: Chris Gosselin, Secretary, Dorothy Alexander, Adam Stillman, Carl Garbe, alternate, Alan Fogg, alternate

Present: Christina M. Costa, Zoning Enforcement Officer, Kim Barrows, Clerk

Absent: Rex McCall, Chairman, Jan Fenger, Vice Chairman, Herb Wieland, alternate

The meeting was then called to order at 7:30 p.m.

Chris Gosselin, the Secretary acted as Chairman Pro Tem and introduced the Board members who were seated for this evenings meeting. He then proceeded to read the Legal Notice into the record and outlined the order of the public hearing and the regular meeting.

The following public hearings were conducted, as well as the decision session. The meeting has been recorded on tape and the following actions were taken:

CONTINUED PUBLIC HEARINGS:

05/06-32– Nickolas Inferrara seeks a variance of Par. 24.5.1 (street line setback 25 ft required) (modified by Par. 7.4.4 narrow street setback) and Par. 24.5.3 (setback/other property line) of the Zoning Regulations to permit addition of a second floor on an existing 1 story year round dwelling on property located at 16 Uncas Road (Cornfield Point), Map No. 1, Lot No. 120.

A letter dated March 8, 2006 was received from Attorney Childress, the agent for the applicant. Attorney Childress requesting a 35 day extension so that the applicant can revise the floor plans.

A Motion was made by C. Gosselin, seconded by D. Alexander to GRANT a 35 day extension to keep the Public Hearing open re Application No. 05/06-32 – Inferrara. The next meeting is April 12, 2006. No discussion and a vote was taken: In favor: In favor: D. Alexander, C. Gosselin, A. Stillman, A. Fogg, C. Garbe Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

PUBLIC HEARINGS:

05/06-33 – Grandona, LLC seeks a variance of Par. 64.5.3(d) (shopping center business B-2 and Gateway Business B-4/signs) of the Zoning Regulations to permit multiple small signs on property located at 295 Middlesex Turnpike, Map No. 52, Lot No. 64, Unit 1.

Present: John Bennet, Esquire, agent for the applicant; Ms. Linda Grossman, applicant

Attorney Bennet gave a brief presentation. The applicant uses Unit 1 in the “auto mall” which encompasses the northerly portion of the property. Attorney Bennet showed a colored rendering of the design of the building. This proposal went to the Architectural Review Board and they did not seem to object to the design, but no formal approval was given. The applicant would like a variance of the sign regulations. The Zoning Enforcement Officer told the applicant that each individual word on the building constituted a sign. Applicant could frame the individual words and put a wide band across the front but felt aesthetically the individual words and the shading/texture of the front of the building would give it a more appealing look. Attorney Bennet, who was before the Board last April, used as a basis for agreeing to signage a regulation that had been changed in July, 2004. The change to the regulation was the word “signs” became “sign”. The hardship is the building is setback from the road and the actual layout of the property. This whole area is designated as the auto mall, all buildings are uniform in design and signage. This is not the typical Main Street business area. The Acting Chairman then opened the floor for comments from the audience either in favor or opposition. There was no audience participation and no further Board comments. The public hearing closed at 7:50 p.m.

05/06-34– Robert and Janet Shannon seek a variance of Par. 10.7.1 (nonconformity/ enlargements), Par. 10.7.2 (nonconformity/ change), Par. 24.5.1 (street line setback 25 ft required), Par. 7.4.4 (narrow street setback) and Par. 24.5.3 (setback/other property line) of the Zoning Regulations to permit conversion of an existing 8' x 24' open air porch into an 8' x 17' living area with an additional area of 8'x7' to remain open on property located at 31 River Avenue (Old Saybrook Manor), Map No. 20, Lot No. 67.

Present: Mr. & Mrs. Shannon, applicants.

Mrs. Shannon made a brief presentation. The cottage was built in 1970 and needs to be updated and made more aesthetically pleasing. The roof and foundation are original, there will be no increase in the footprint and no other changes to the design. The only thing they are doing is adding walls to the existing deck. There will be no heat in this area, it will be strictly a porch. The Acting Chairman then opened the floor for comments from the audience either in favor or opposition. There was no audience participation and no further Board comments. The public hearing closed at 7:58 p.m.

05/06-35– Angel M. Robles, Jr. and Sharon A. Robles seek a variance of Par. 24.6.2 ( max bldg./structure coverage) and Par. 10.6.1 (nonconformity/use/enlargement) of the Zoning Regulations to permit enlargement of a second story deck on property located at 12 Shetucket Trail (Indiantown), Map No. 12, Lot No. 119.

Present: David Royston, Esquire, agent for the applicants; Mr. & Mrs Robles, applicants.

Attorney Royston gave a brief presentation. The house is in an area designated as “Water Haven Condominiums” and Attorney Royston gave a brief history of the property. The addition of the deck constitutes an expansion of a nonconforming use and is included in the ground coverage. Attorney Royston explained that the addition of the deck with stairs will add another form of ingress and egress. At this time there is only one way in or out of the home. The second means of egress is in harmony with the zoning regulations as far as maintaining public health and safety. All buildings exist and no additions can be made to the property without obtaining variances. Since there needs to be a condominium amendment to the condominium declaration in order to add the deck within a “common area”, applicants are seeking a variance before they have obtained the approval from the condominium association. D. Alexander asked about ground coverage, it is only a slight increase because it its based upon the entire parcel of the condominium association. A. Stillman stated that applicants do not have condo association approval yet. The Acting Chairman then opened the floor for comments from the audience either in favor or opposition. There was no audience participation and no further Board comments. The public hearing closed at 8:22 p.m.

05/06-36– Peter and Suzette Gruner seek a variance of Par. 24.5.1 (street line setback 25 ft required with respect to the existing deck) and Par. 24.5.1 (street line setback 25 ft required with respect to the existing garage) of the Zoning Regulations to allow issuance of a final building permit due to slight encroachments during construction of new dwelling/garage on property located at 5 Sea Breeze Road (Cornfield Point), Map No. 3, Lot No. 182.

Present: David Royston, Esquire, agent for the applicant; Mr. Gruener, applicant.

Attorney Royston gave a brief presentation. The house was reconstructed from a previously existing house. After built, it was noticed that there was an encroachment into the setback from the corner of the garage and the deck. Hardship is property has two streetline setbacks, one CT Route 154 and Sea Breeze. Discussion as to a self created hardship since encroachments not found until final as-built was done. C. Gosselin questioned where the original garage was, it was 3' or 4' off the highway right of way. A. Stillman asked about the deck, he looked at the original plans vs. the as-built. Deck was not on original plan. The Acting Chairman then opened the floor for comments from the audience either in favor or opposition. Mr. Steve Snyder of 7 Sea Breeze spoke in favor, feels it should stay as built and it enhances the neighborhood. There was no further audience participation and no further Board comments. The public hearing closed at 8:38 p.m.

REGULAR MEETING (DECISION MAKING PORTION ):

Discussion with respect to the public hearing that closed this evening. D. Alexander stated again that she feels Mr. Grossman abuses the sign regulations on his current property. Other Board members felt the front of the building, as presented this evening, was an improvement. A. Stillman brought up an article that referenced a recent court case stating that the Zoning Board of Appeals could not vary a condition of approval that they had given in the past. In April of 2005, the Board granted with conditions a Special Exception allowing the property to revert back to automotive use. The conditions were not to park cars on the grassy area in front of the building and that they meet all existing sign regulations. There was discussion that at the time the regulations said “signs” but the regulation regarding signs changed in July, 2004 and it refers to a “sign”. The Board was not sure if this went against what the article stated.

A Motion was made by A. Stillman, seconded by D. Alexander to DEFER the decision until the April 12, 2006 meeting re Application No. 05/06-33 – Grandona in order to seek advice from counsel. No discussion and a vote was taken: In favor: In favor: D. Alexander, C. Gosselin, A. Stillman, A. Fogg, C. Garbe Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Discussion with respect to the public hearing that closed this evening. The Board did not see a problem with the granting of the variance. Applicants staying within the footprint and the project conforms with the neighborhood.

A Motion was made by C. Gosselin, seconded by A. Stillman to GRANT Application No. 05/06-34 – Shannon. The setbacks are not changing, the floor area is not changing and the project is in character with the neighborhood. No discussion and a vote was taken: In favor: In favor: D. Alexander, C. Gosselin, A. Stillman, A. Fogg, C. Garbe Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Discussion with respect to the public hearing that closed this evening. There was lengthy discussion regarding common areas within the condo. A. Stillman did not have a problem with granting the variance but was concerned with the applicants obtaining permission from the condo association. The Board felt a representative from the condo association should have been present at the meeting. Discussion re the deck in the rear would make the dwelling look better, and would provide a means of egress on the upper level. Discussion as to a condition if granted.

A Motion was made by A. Stillman, seconded by C. Gosselin to GRANT/with condition Application No. 05/06-35 – Robles. The condition is that condo association approval has to be given within six (6) months from this approval. No discussion and a vote was taken: In favor: In favor: D. Alexander, C. Gosselin, A. Stillman, A. Fogg, C. Garbe Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Discussion with respect to the public hearing that closed this evening. Again, D. Alexander feels it is unfair to grant this type of variance since contractors or homeowners do not follow up with what is being constructed. A. Fogg started to make a motion but took that motion off the table, it was not seconded.

A Motion was made by A. Fogg, seconded by C. Gosselin to GRANT Application No. 05/06-36 – Gruener with respect to the 2.68 feet against the garage. Sufficient hardship has been shown due to the shape of the lot, the placement of the house and the miscalculation. No discussion and a vote was taken: In favor: In favor: C. Gosselin, A. Stillman, A. Fogg, C. Garbe Opposed: D. Alexander Abstaining: None The motion passed. 4-1-0

A Motion was made by A. Fogg, seconded by C. Gosselin to DENY Application No. 05/06-36 – Gruener with respect to the 6.9 feet for the deck since other options are available.. No discussion and a vote was taken: In favor: In favor: D. Alexander, C. Gosselin, A. Stillman, A. Fogg, C. Garbe Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

New Business: Staff Report from Christina Costa, Zoning Enforcement Officer -

There are two Special Exception matters pertaining to automotive use. Chris asked the Board if she could handle them administratively through the Land Use Office. They are simple requests one was a change of use for insurance purposes and the other was a name/ownership change. She is requesting this since the Zoning Board of Appeals still has jurisdiction over SE automotive matters. That will change once the zoning regulations change.

A Motion was made by A. Fogg, seconded by C. Gosselin to GRANT authority to the Zoning Enforcement Officer to handle the use change for Golden Rods located on Custom Drive. No discussion and a vote was taken: In favor: D. Alexander, C. Gosselin, A. Stillman, A. Fogg, C. Garbe Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

A Motion was made by C. Gosselin, seconded by D. Alexander to GRANT authority to the Zoning Enforcement Officer to handle the ownership change for Ibbitsons located on Elm Street Extension. No discussion and a vote was taken: In favor: D. Alexander, C. Gosselin, A. Stillman, A. Fogg, C. Garbe Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Minutes: A Motion was made by A. Stillman, seconded by D. Alexander to approve the Minutes of the February 8, 2006 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: D. Alexander, C. Gosselin, A. Stillman, A. Fogg, C. Garbe Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Adjournment: A Motion was made by A. Fogg, seconded by C. Gosselin to adjourn the March 8, 2006 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: D. Alexander, C. Gosselin, A. Stillman, A. Fogg, C. Garbe Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 9:35 p.m.

The next Regular Meeting of the ZBA will be on Wednesday, April 12, 2006 at 7:30 p.m. at the Pavilion.

Respectfully submitted,

Kim N. Barrows, Clerk

Old Saybrook Zoning Board of Appeals

Old Saybrook, Connecticut 06475