Town of Old Saybrook, CT - ZBA 041206.Minutes

ZBA 041206.Minutes

MINUTES OF THE ZONING BOARD OF APPEALS

APRIL 12, 2006

A Meeting of the Zoning Board of Appeals of the Town of Old Saybrook was held on Wednesday, April 12, 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: Rex McCall, Chairman, Jan Fenger, Vice Chairman, Chris Gosselin, Secretary, Dorothy Alexander, Adam Stillman,

Present: Herb Wieland, alternate, Christina M. Costa, Zoning Enforcement Officer, Kim Barrows, Clerk, Michael E. Cronin, Jr., Esquire, ZBA counsel

Absent: Carl Garbe, alternate, Alan Fogg, alternate

The meeting was then called to order at 7:32 p.m.

The Chairman 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dated April 12, 2006 was received from Attorney Childress, the agent for the applicant asking that the application be withdrawn at this time.

PUBLIC HEARINGS:

05/06-37 C – George Anuszkiewicz seeks a variance of Par. 10.8.3 (nonconformity/lots) of the Zoning Regulations to permit removal of existing single family dwelling and replace with a new single family dwelling on property located at 17 Cranton Street (Chalker Beach), Map No. 12, Lot Nos. 71 & 72.

Present: William A. Childress, Esquire, agent for the applicant

Attorney Childress gave a brief presentation. The lot is a double lot in Chalker Beach and the existing house is located on one lot. The proposal is to remove the existing house and rebuild on the combined lot making it more conforming with the regulations. The lot coverage will be 11.65% which is below the 20% allowed. The shed on the west side of the property will be removed. The only variance requested is for the lot size. The lot size is 8,000 s.f. and according to the regulations 12,500 s.f. is required. There will be a new septic system installed and the dwelling will conform with the flood plain ordinance. The hardship is the undersized double lot that was created prior to zoning, there is no contiguous land available to make the lot larger. The property has been dedicated for residential use and still is. The proposal is consistent with the neighborhood and does not block any views. J. Fenger asked about meeting the flood plain regulations and yes, the dwelling will. There was some discussion re septic system and living filter in septic. The ZEO is to clarify the one and a half story and the door noted on the plan. The 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 7:48 p.m.

05/06-38– OBPR12, LLC seeks a variance of Par. 24.1 (permitted uses-allow garage/barn for office and/or other business by persons not residing on premises) of the Zoning Regulations to permit the garage/storage area to become office or music school on property located at 12 Old Boston Post Road, Map No. 30, Lot No. 32.

Present: William A. Childress, Esquire, agent for the applicant, Alex Tighe, applicant

Attorney Childress gave a brief presentation. The property is located in a Residence A zone and the building in the front has office space and in the rear there is an 1880 vintage carriage house/barn. The construction of the carriage house is post and beam. At one time, it was possibly and accessory use to the front house. Approximately 1962 a use variance was granted and the house in the front became office space. There has been no residential use of this property since that time. Even though this is a residential area there are commercial uses in the area across the street, i.e. law office, daycare center and church. There was discussion of the septic system and the proposal is for a single system which is referred to as a “community system” which will need approval by the State Health Department. The hardship is there being no residential use and the carriage house has no useful function. Use will be an adaptation of historic structure. The intended use at the moment is a music school or professional/business office. Mr. Tighe, the applicant, did not have a problem with limiting the use of the building to a music school or professional office use. The following were letters in support: Nathaniel Griggs, tenant in building dated April 12, 2006; Pattavina Family, LLC owners of property located at Map 30, Lot 33 (next door) dated April, 2006. There was also a letter from James F. Norden, P.E. of GNCB dated March 31, 2006 re repairs to carriage house and how the structure is worth saving. A petition was submitted at the public hearing by 15 abutting neighbors who are opposed to the proposal (on file). The Chairman then opened the floor for comments from the audience either in favor or opposition. The following people spoke in opposition: Tamara Miglio of 34 Old Boston Post Road; John Ellis of 33 Old Boston Post Road stating this is a residential area and a commercial building here is unacceptable; Michael Pace of 43 Pennywise Lane stated music school was a good endeavor but had several questions re parking, lighting, signage, septic and traffic in this area. Also if music school wasn’t there, what would take over this area; Betty Durland of 28 Old Boston Post Road was in total opposition; Bob Christensen of 24 Old Boston Post Road concerned about runoff and how parking lot abuts his backyard; Susan Mosca of Boston Post Road stated too much traffic. Parking was discussed, formation of historic district discussed. Mr. Richard King, part owner of the building, stated that the carriage house is being used for storage. C. Costa, ZEO, asked for clear definition of “business” and restrict it to certain types of business. J. Fenger referred to this area as a trivet green and there are 24 residential properties in this area. Mr. King discussed new historic district being formed and how they would like to protect the barn. Mr. Ellis of 30 Old Boston Post Road wanted to discuss the commercial aspects of the area. There was no further audience participation and no further Board comments. The public hearing closed at 8:49 p.m.

05/06-39– Keith and Sherry Connors seek a variance of Par. 7.4.4 (narrow street setback), Par. 10.7.1 (nonconformity/ enlargements), Par. 10.7.2 (nonconformity/ change) and Par. 24.5.1 (street line setback 25 ft required) of the Zoning Regulations to permit removal of an existing 6'x30' open air porch and replace with a 10'x30' enclosed porch on property located at 34 Soundview Avenue-1 (Chalker Beach), Map No. 18, Lot No. 117.

Present: Mr. & Mrs. Connors, applicants

A brief presentation was given by Mr. & Mrs. Connors. They would like to enclose the 6' x 30' deck in the front of the house and add an open air porch to it. The neighbors do not object to the project. Applicants feel they are not getting enough use out of their current porch. The porch is only large enough to put conventional size furniture. The enclosed porch will not have heat. The hardship is that lot and house predate zoning regulations. The Chairman then opened the floor for comments from the audience either in favor or opposition. There was no audience participation but the following letters in support were entered into the record: William and Mary Clark of 29 Beach View dated April 7, 2006; Mr. William Darrow of 32 Sound View Avenue dated April 3, 2006; Mr. John Hasychak, Jr. Of 41 Soundview Avenue 1 dated April 7, 2006 and Angie DiPietro of 36 Soundview Avenue dated April 4, 2006. There was no further comments from Board. The public hearing closed at 9:01 p.m.

05/06-40– Keith Russell Schlosser & Maureen Schlosser seek a variance of Par. 10.7.1 (nonconformity/ enlargements), Par.10.8.2 (nonconformity/lots), Par.10.8.4 (nonconformity/lots), Par. 24.5.1 (street line setback 25 ft required as modified by Par. 7.4.4 narrow street setback), Par. 24.5.3 (setback/other property line) and Par. 24.6.2 (max bldg./structure coverage) of the Zoning Regulations to permit a second story over existing one-story dwelling on property located at 5 Aquidneck Trail (Indiantown), Map No. 19, Lot No. 34.

Present: William A. Childress, Esquire, agent for the applicant and Keith Russell Schlosser, applicant.

Attorney Childress gave a brief presentation. The proposal is to build a second story over the existing first floor. The Board reviewed the plans. The shed attached to the garage will be removed to make it more conforming. There will be a covered entryway at the front of the dwelling. The hardship is the narrow street setback since house conforms to the normal setback, there is no additional land available to make lot wider. Additional hardship applicant restricted to build within building area makes for a strange shape. The dwelling can’t be moved back due to the position of the septic system. The finished height will be 25', proposal is consistent with the neighborhood and the Sanitarian has signed off on the proposal. The following letters were submitted in support of the proposal: Michael B. & Arlene M. Kelley of 3 Aquidneck Trail dated March 20, 2006; Alan Davis of 91 Nehantic Trail dated March 20, 2006; Daniel Carstens of 11 Aquidneck Trail dated March 18, 2006; Walter Platteborze and Barbara McQueeney of 1 Aquidneck Trail dated March 20, 2006; Louise and Daniel Weisz of 7 Aquidneck Trail dated March 29, 2006. Discussion of year-round home and square footage. The hardship is the pre-existing lot which is long and narrow, the existing house is located out of the building area and can’t move house back because of the location of the septic system. The 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 9:16 p.m.

05/06-41– Wendy Leone seeks a variance of Par. 7.4.4 (narrow street setback), Par. 10.7.1 (nonconformity/enlargements), Par. 10.7.2 (nonconformity/ change), Par. 24.5.1 (street line setback 25 ft required) and Par. 24.5.3 (setback/other property line) of the Zoning Regulations to permit a second story over existing one-story dwelling on property located at 6 East Street, Map No. 22, Lot No. 46.

Present: Ms. Wendy Leone, applicant

Ms. Leone gave a brief presentation. Ms. Leone would like to construct a second story addition. She submitted a petition from her neighbors who were in favor. The deck is to be extended and the front setback will be reduced from 25' to 8'. The ground coverage will not exceed 20%. The Sanitarian stated he had no objection if no increase in bedrooms. The house was built in 1938 and predated zoning. The 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 9:28 p.m.

05/06-42– Suren and Nancy Kilerciyan seek a variance of Par. 7.4.9 (special setbacks w/in conservation zone), Par. 7.4.10 (special setbacks from wetlands), Par. 10.7.1 (nonconformity/ enlargements), Par.10.8.2 (nonconformity/lots), Par.10.8.4 (nonconformity/lots) and Par. 24.5.1 (street line setback 25 ft required as modified by Par. 7.4.4 narrow street setback) of the Zoning Regulations to permit an increase in height of second story and addition of a deck on property located at 34 South Cove Road-2 (Saybrook Point), Map No. 23, Lot No. 62.

Present: William A. Childress, Esquire, agent for the applicant; Mr. Kilerciyan, applicant

Attorney Childress gave a brief presentation. The property has tidal wetlands and narrow street setbacks. The proposal is to add small second story addition over existing footprint. Currently you can’t stand up in the existing second floor and applicant wants to add some height by raising the roof from 17.8 ft. to 23' in height. The deck proposed on the second floor will not impact the wetlands. Classic hardship, unique situation due to wetlands wrapping around the property on two sides and the narrow street setback. This proposal is consistent with the neighborhood. The existing house is already encroaching within the setbacks. The Chairman then opened the floor for comments from the audience either in favor or opposition. Bruce Ransom of 33 South Cove Road spoke in favor. There was no further audience participation and no further Board comments. The public hearing closed at 9:40 p.m.

REGULAR MEETING (DECISION MAKING PORTION ):

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.

Discussion with respect to the public hearing that closed March 8, 2006. For the record, R. McCall and J. Fenger listened to the tapes and are eligible to vote. Michael Cronin, the ZBA counsel, discussed this matter with Chris Costa and Attorney Bennet, the agent for the applicant. Discussion re Special Exception being vested wholly with the zoning commission and automotive use being vested by the Zoning Board of Appeals. A condition regarding following the sign regulations is not a special condition if it states the obvious i.e. to follow the zoning regulations re signage. If the applicant does not want to comply with the zoning regulations, then they will request a variance of that regulation. The condition did not pertain to a particular sign. The Board discussed the signage presented in the application by Attorney Bennet. There would be 4 separate signs on the front of the building. The applicant could have one large framed in sign with the 4 logos inside the frame as long as it did not exceed the allowable coverage stated in the zoning regulations. D. Alexander was the author of the original motion last April stating applicant had to comply with signage. If too many signs are placed on the property, it becomes an enforcement issue. Discussion re the regulation and the hardship. The hardship was the distance of the building from the road.

A Motion was made by R. McCall, seconded by D. Alexander to DENY 05/06-33 - GRANDONA, LLC. Sufficient hardship has not been shown. Discussion: A. Stillman felt the Board had some leeway. No further discussion and a vote was taken: In favor: R. McCall, J. Fenger, D. Alexander Opposed: C. Gosselin, A. Stillman Abstaining: None The motion passed. 3-2-0

Discussion with respect to the public hearing that closed this evening. The only variance being requested is 10.8.3, non-conformity relating to the size of the lot. C. Gosselin and the rest of the Board feel this is a win, win situation. There will be a new septic system and the new house will meet all setbacks. Only the lot is undersized, it does not meet the 12,500 s.f. requirement.

A Motion was made by R. McCall, seconded by J. Fenger to GRANT 05/06-37C - Anuszkiewics. It is a large improvement on what exists since existing home encroaches on front and side setbacks and the new home will conform with all zoning setback requirements and a new septic system will be installed. The CAM is approved. No discussion and a vote was taken: In favor: R. McCall, J. Fenger, D. Alexander, C. Gosselin, A. Stillman Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Discussion with respect to the public hearing that closed this evening. The Board felt the existing garage was attractive in its design. The problem is the use. The barn could be saved as an historic structure. The Board was concerned about the neighborhood opposition. Discussion about the parking lot in the rear abutted the residential area and there is a concern about lighting, safety and fencing. R. McCall asked about hardship. The barn could be residential. The Board did not want retail space in the barn. The Board discussed the commercial aspects in the neighborhood but felt it was mostly residential.

A Motion was made by C. Gosselin, seconded by R. McCall to DENY 05/06-38 - OBPR12, LLC. Sufficient hardship has not been shown. No discussion and a vote was taken: In favor: R. McCall, J. Fenger, D. Alexander, C. Gosselin, A. Stillman Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Discussion with respect to the public hearing that closed this evening. There were no neighborhood complaints. The design would be consistent with the neighborhood. Discussion with respect to the hardship. D. Alexander felt the garage was being used for more than cars. A. Stillman felt that a condition should be put on that heating not be put in the porch so that it would not become a year-round room. The Board felt the enclosed porch was not an issue. The project is consistent with the neighborhood.

A Motion was made by C. Gosselin, seconded by A. Stillman to GRANT 05/06-39 - Connors. The hardship is the position of the house on the lot and the size and unique shape of the lot and this variance does not substantially affect the comprehensive zoning plan of Old Saybrook and strict adherence with the zoning ordinance would cause unusual hardship unnecessary for carrying out the general purpose of the zoning plan and this appeal is not in conflict with the purposes set forth in the zoning regulations and is in harmony with the neighborhood. No discussion and a vote was taken: In favor: R. McCall, J. Fenger, D. Alexander, C. Gosselin, A. Stillman Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Discussion with respect to the public hearing that closed this evening. The Board discussed what was to be done, the applicant was taking off the shed at the rear of the garage and was putting on a second story addition. The Sanitarian had no objection as long as there was no increase in bedrooms or increase in the footprint. The hardship is that there is not additional land available, the location of the septic at the rear of the house means the house can’t be moved back and it predates zoning. The proposal conforms with the neighborhood. A. Stillman likes it, it conforms with the neighborhood and the shed is being taken off and it doesn’t exceed the existing footprint.

A Motion was made by A. Stillman, seconded by C. Gosselin to GRANT 05/06-40 -Schlosser. It is consistent with the other homes in the neighborhood, the shed is being taken off in the back, it does not exceed the existing footprint. The property owner has demonstrated his hardship with his testimony. No discussion and a vote was taken: In favor: R. McCall, J. Fenger, D. Alexander, C. Gosselin, A. Stillman Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Discussion with respect to the public hearing that closed this evening. The Board discussed that a portion of the applicant’s deck in on the neighbors property. The front porch is 8' from the road. The proposal is larger in scale than the existing house. The Board discussed approving with several conditions, i.e. removing portion of the deck on neighbors property and allowing alterations of certain portions of the house and removal of the shed. R. McCall started to make a motion to grant the application outlining all the things to be changed and removed. It was never seconded and removed. Further discussion from the Board about re-thinking through a revision to the plan. The Board did not like the front entryway encroachment on the front setback and the walk and deck on the neighbors property.

A Motion was made by R. McCall, seconded by C. Gosselin to DENY 05/06-41 - Leone. Because of the expansion of the encroachment in the front of the building on East Street and the encroachment of the walk and deck on the north side of the lot that exists currently. No discussion and a vote was taken: In favor: R. McCall, J. Fenger, D. Alexander, C. Gosselin, A. Stillman Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Discussion with respect to the public hearing that closed this evening. Discussion as to protection of the tidal wetlands and the removal of the concrete pad in the wetlands. The applicant wants to add a second story to the existing footprint. The roof is going up approx. 5' to add additional headroom. There was some discussion re hardship. No neighbors complained. A. Stillman did not have a problem. R. McCall stated the wetlands on two sides and the narrow street setback makes the property unique. D. Alexander felt second floor deck does not encroach into the wetlands. Most of the house is within the wetland setback. Literal enforcement of the regulations would not allow expansion on the property. J. Fenger felt that sufficient hardship had not been shown and started to make a motion there was not second to that motion.

A Motion was made by D. Alexander, seconded by C. Gosselin to GRANT/with condition 05/06-42 -Kilerciyan. The condition is that the 5'x20' concrete slab be removed in its entirety. The renovation is consistent with the area and the second floor deck does not impose an increased risk to the tidal wetlands. The situation of the house on the lot provides the hardship. A soil and erosion plan with appropriate plantings from a certified soil scientist is to be submitted for approval to the Land Use Office. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, A. Stillman Opposed: J. Fenger Abstaining: None The motion passed. 4-1-0

Old Business:

Re: John Hasychak, Jr., 41 Soundview Avenue, Map No. 18, Lot No 126. Attorney Cronin and Christina Costa, Zoning Enforcement Officer were also present. It was decided by the Board to go into Executive Session for the sole purpose of discussing pending litigation re Hasychak

A Motion was made by J. Fenger, seconded by R. McCall at 9:45 p.m. to go into Executive Session to discuss settlement of the pending litigation on Hasychak. No discussion and a vote was taken: In favor: R. McCall, J. Fenger, D. Alexander, C. Gosselin, A. Stillman Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

A Motion was made by R. McCall, seconded by D. Alexander to come out of Executive Session at 10:17 p.m. No discussion and a vote was taken: In favor: R. McCall, J. Fenger, D. Alexander, C. Gosselin, A. Stillman Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

A Motion was made by R. McCall, seconded by J. Fenger to ACCEPT the settlement as proposed by the Plaintiff, John Hasychak and the Zoning Board of Appeals including the acceptance of the Intervenor, which it is conditioned upon. No discussion and a vote was taken: In favor: R. McCall, J. Fenger, D. Alexander, C. Gosselin, A. Stillman Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

New Business:

1) Letter dated March 9, 2006 requesting an extension of time for Nancy Timinskas, 1340 Boston Post Road, Map 27, Lot 90, they are still awaiting engineered plans.

A Motion was made by R. McCall, seconded by A. Stillman to GRANT a six month extension for Nancy Timinskas, 1340 Boston Post Road, Map 27, Lot 90 in order to obtain a building permit. No discussion and a vote was taken: In favor: R. McCall, J. Fenger, D. Alexander, C. Gosselin, A. Stillman Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

2) Letter dated March 17, 2006 from Attorney Childress requesting an extension for Dona L. Zagryn, 10 Mohican Trail, Map No. 13, Lot No. 36.

A Motion was made by J. Fenger, seconded by D. Alexander to GRANT an additional six months for starting the project for Dona L. Zagryn, 10 Mohican Trail, Map 13, Lot 36. No discussion and a vote was taken: In favor: R. McCall, J. Fenger, D. Alexander, C. Gosselin, A. Stillman Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

3 ) Election of Officers: Nominations for Chairman, Vice Chairman and Secretary -

Chairman: J. Fenger nominated R. McCall to serve as Chairman, C. Gosselin seconded the nomination. J. Fenger moved to close nominations for Chairman, C. Gosselin seconded the motion. A vote was taken: In favor: D. Alexander, J. Fenger, C. Gosselin, A. Stillman Opposed: None Abstaining: R. McCall The motion passed. 4-0-1 Rexford McCall was elected Chairman.

Vice Chairman: R. McCall nominated J. Fenger to serve as Vice Chairman, C. Gosselin seconded the nomination. R. McCall moved to close nominations for Vice Chairman, C. Gosselin seconded the motion. A vote was taken: In favor: D. Alexander, R. McCall, C. Gosselin, A. Stillman Opposed: None Abstaining: J. Fenger The motion passed. 4-0-1 Jan Fenger was elected Vice Chairman.

Secretary: R. McCall nominated C. Gosselin to serve as Secretary, D. Alexander seconded the nomination. R. McCall moved to close nominations for Secretary, D. Alexander seconded the motion. A vote was taken: In favor: D. Alexander, J. Fenger, R. McCall, A. Stillman Opposed: None Abstaining: C. Gosselin The motion passed. 4-0-1 Chris Gosselin was elected Secretary.

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

Adjournment: A Motion was made by C. Gosselin, seconded by D. Alexander to adjourn the April 12, 2006 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, J. Fenger, D. Alexander, C. Gosselin, A. Stillman Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 11:35 p.m.

The next Regular Meeting of the ZBA will be on Wednesday, May 10, 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