Town of Old Saybrook, CT - ZBA 061406.Minutes

ZBA 061406.Minutes

MINUTES OF THE ZONING BOARD OF APPEALS

JUNE 14, 2006

A Meeting of the Zoning Board of Appeals of the Town of Old Saybrook was held on Wednesday, June 14, 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: Jan Fenger, Vice Chairman, Rex McCall, Chairman, Dorothy Alexander, Chris Gosselin, Adam Stillman, and Carl Garbe, alternate (seated for application no. 05/06-44 - Corey Fox)

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

Absent: Alan Fogg, alternate, Herb Weiland, alternate

The meeting was then called to order at 7:40 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:

05/06-44– Corey Fox seeks a variance of Par. 10.6.1 (nonconformity/use/enlargement), Par. 10.6.2 (nonconformity/use/change), Par. 24.6.1 ( max gross floor area), Par. 24.6.2 ( max bldg./structure coverage), Par. 24.5.3 (setback/other property line), Par. 24.5.5b (setback/accessory bldg/rear property line) and Par. 24.5.5c (setback/accessory bldg/other property line) of the Zoning Regulations to permit addition and replacement of accessory building on property located at 75 Middletown Avenue (Saybrook Manor), Map No. 19, Lot No. 187.

For the record, Adam Stillman who was not present for the opening of the public hearing last month, listened to the tape of that meeting and is eligible to vote. The Board discussed the plans submitted after last month’s meeting and it was still the consensus of the Board that the applicant needed to submit floor plans or architectural plans that clearly outlined what he proposed. Have a large photo of the dwelling and attempting to explain to the Board what was to be done was insufficient.

A Motion was made by R. McCall, seconded by D. Alexander to CONTINUE the Public Hearing on 05/06-44 - Fox to the JULY 12, 2006 REGULAR MEETING so that the applicant and or his agent can provide the Board with floor plans. No discussion and a vote was taken: In favor: R. McCall, J. Fenger, D. Alexander, A. Stillman, C. Garbe Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

PUBLIC HEARINGS:

05/06-49 – Alfred Chiulli seeks a variance of Par. 10.7.1 (nonconformity/enlargements), Par.10.8.2 (nonconformity/lots), Par. 24.5.1 (street line setback 25 ft required), Par. 24.5.3 (setback/other property line) and Par. 24.6.2 ( max bldg./structure coverage) of the Zoning Regulations to permit construction of small additions, addition of second floor, removal of decks and raising of structure to meet flood elevations on property located at 27 Beach Road West (Chalker Beach), Map No. 12, Lot No. 154.

Present: Attorney Christina Burnham, agent for the applicant; Mr. Al Chiulli, applicant and Mr. Gary Gilbert, architect.

Attorney Burnham gave a brief presentation. The dwelling will be more than 50 feet from the tidal wetlands. There will be a new code compliant septic system installed. The house will be cut back slightly and squared up. The concrete slab in the rear will remain and a deck will be build above it. The updating of the house will bring it up to current code and flood requirements. This house is currently the smallest house in this neighborhood. Attorney Burnham then went over the variances required. The hardship is that the property was developed before zoning. If the house was built meeting all the required setbacks it would be only 10' wide. The Chairman then opened the floor for comments from the audience either in favor or opposition. There was no audience participation. Chris Costa, Zoning Enforcement Officer discussed square footage and whether or not fill would be brought in for the septic system. Mr. Chiulli stated that no fill will be brought in. There was no further Board comments and the public hearing closed at 8:35 p.m.

05/06-50– 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. She is proposing a second floor addition with a deck in the rear along with an enclosed porch and slight overhang over the front door. The hardship is the narrow lot. The existing house is already closet to the setback. The concrete deck on the north side will be removed. The proposed lot coverage is under the 20%, it will be 18.6%. The PVC pipe will be re-routed. The spacing between the houses is approximately 50'. There will be no obstruction of any views. The Sanitarian stated no increase in bedrooms. There will be only one bedroom. Ms. Leone went over variances requested. The front setback should be 30' but it is 10'2". The following letters were submitted in favor of the application: Andrea Baker, 8 East Street dated June 14, 2006; Linda Torelli, 5 East Street dated June 13, 2006; Bonnie Nyman, 421 Main Street dated June 9, 2006. J. Fenger felt the existing house was too close. The Chairman then opened the floor for comments from the audience either in favor or opposition. Speaking in favor was Brian Cronan of 3 East Street and Chris Barvari of 8 East Street. There was no further audience or Board participation and the public hearing closed at 8:47 p.m.

05/06-51– NAS Properties, LLC seeks a variance of Par. 10.8.2 (nonconformity/lots), Par. 10.8.3 (nonconformity/lots 12,500 s.f.), Par. 24.3.1a (minimum lot area) and Par. 24.5.3 (setback/other property line) of the Zoning Regulations to permit reduction of single family dwelling on property located at 3 Parkcrofters Lane, Map No. 3, Lot No. 268.

Present: Mr. Nicholas Saraceno, applicant.

Mr. Saraceno gave a brief presentation. The proposal is a reduction in the size of the structure. Approximately 10' will be taken off the structure on the Old Colony Road side and 5' will be taken off the garage on Parkcrofters Lane. The retaining wall on town property will also be removed. Other changes are the septic will go in the rear, the grading along the garage will change, the building will be to code and will conform to zoning regulations except for the existing foundation on the southwest side. The coverage will be reduced from 20% to 15%, the inside square footage is being reduced from 4,064 s.f. to 3,110 s.f. The lot size is nonconforming since it predated zoning. The following letters are on file: In support, Lisa and David Genovali of 4 James Court dated June 13, 2006. In opposition: Tony and Helen Otfinoski of 1 Parkcrofters Lane dated June 14, 2006. The Chairman went over the variances requested. C. Gosselin asked about the variance for the difference between the existing 13.3 feet and the required 15 foot setback. The setback encroachment was from the existing foundation of the original house was a small ranch. The Chairman then opened the floor for comments from the audience either in favor or opposition. The following spoke in opposition. Matt Sassu who lives on the corner of Parkcrofters and Summerview; Rita Burkhardt who lives diagonally across from this property. She feels house should be brought down and start over. The house is ugly and not in harmony with the neighborhood. Randall Clampett of 5 Parkcrofters stated house too big and not in harmony. Maria Otfenoski (daughter-in-law of Tony and Helen) felt 13.3 feet is too close to property line, the 15' should be adhered to. Jean Clampett of 5 Parkcrofters asked about engineer going through the property. From the Board, A. Stillman asked about trees as a buffer along the southwest side. Ms. Otfenoski stated absolutely not, they wanted the 15'. Discussion as to design changes of the house if the sideyard variance was not granted, i.e. no gable to soften the bulk. The neighbors feel this property is an eyesore and applicant should start over. The hardship is if existing foundation removed, it could compromise the structure. There was no further audience participation and no further comments from the Board. The public hearing closed at 9:45 p.m.

05/06-52– John Roberts seeks a variance of Par. 10.7.1 (nonconformity/ enlargements), Par. 10.7.2 (nonconformity/ change), Par. 24.5.3 (setback/other property line) and Par. 24.3.1a (minimum lot area) of the Zoning Regulations to permit an addition on the rear of an existing single family dwelling on property located at 33 Hartford Avenue (Saybrook Manor), Map No. 19, Lot No. 150-2.

Present: Mr. John Roberts, applicant.

Mr. Roberts gave a brief presentation. The lot is an undersized lot but the ground coverage will be under the 20% allowed. There is an existing 6'x12' addition on the rear that was never maintained and the applicant would like to replace and add a few additional feet. He would also like to add a dormer. The project will be in accordance to the plans submitted with the application dated May 22, 2006. There will be no change to the front. The shed will remain in the back. The Chairman went over the variances requested. The following letters were submitted in favor: Mr. George Able, 27 Hartford Avenue dated June 14, 2006. Per Mr. Roberts, Angela Greaves (neighbor) was in full support. 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 9:50 p.m.

REGULAR MEETING (DECISION MAKING PORTION ):

Discussion with respect to the public hearing that closed this evening. The Board felt the proposal was a good one since it will raise the house to meet the flood regulations/elevations, have a new code compliant septic system and meet all current building codes. The decking on the west side will be cut down and used for just access, the ground coverage will be reduced slightly and no increase in the bedrooms. The Board also felt the applicant gave a good presentation detailing the size and scope of the project and how it is in harmony with the surrounding buildings. There was some discussion as to the substantial concrete slab on the water side being used as a barrier.

A Motion was made by J. Fenger, seconded by R. McCall to GRANT Application No. 05/06-49 - Chiulli since sufficient information has been presented to create 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. Applicant has addressed concerns made by the Board when it denied the application in April, 2006. The encroachment of the deck and walkway on the adjacent property is to be removed and a small cover of the front stoop. There will be a second story and no increase in bedrooms. The consensus of the Board is that the applicant made a great effort to comply and take into consideration all of the Board’s requests.

A Motion was made by R. McCall, seconded by D. Alexander to GRANT Application No. 05/06-50 -Leone since sufficient hardship has been demonstrated. Compliance to zoning regulations will be conformed to in so far as is possible. The approval is in accordance with plans dated March 12, 2006 by Annino Survey, LLC. Discussion as to there being a front porch, plan as approved has a 4'x4' covering over the front stoop only. No further 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 they cannot address the appearance of a building, the bulk or the size. The issue is the 1.5 foot variance for the side setback. Discussion of the variance for the size of the lot (12,500 s.f. required) since the lot size is 10,000 s.f. (which is large for this area). If the Board decided not to grant this variance, the lot would not be a viable building lot and this action could be considered confiscatory. C. Gosselin stated that the regulations themselves speak to the volume, i.e. bulk. Further discussion of removing the 1.5 feet on the side that encroaches on the neighbors. That 1.5' encroachment was existing and the applicant does not know if the removal of that portion of the existing foundation will affect the structural integrity of the house. A. Stillman had an objection to granting the side setback and discussed the neighbors strong objection. Further discussion as to treating this application as “new construction”. Some Board members said some positive issues would be resolved, i.e. the retaining wall on town property would be removed and the house would no longer be a hazard to the neighbors. There was also discussion as to granting only the variances for the lot size.

A Motion was made by R. McCall, seconded by C. Gosselin to GRANT Application No. 05/06-51 -NAS Properties LLC since hardship has been shown in that the effort has been made to comply with all zoning regulations in so far as is possible without destroying the integrity of the home, the retaining walls will be removed on side and rebuilt with a stonewall on Parkcrofters Lane to enhance the appearance. It will be in compliance with all zoning regulations except for the 1.5 sideyard setback. Discussion: There should be separate motions, R. McCall wanted to grant all the variances. No further discussion and a vote was taken: In favor: R. McCall, C. Gosselin Opposed: D. Alexander, J. Fenger, A. Stillman Abstaining: None The motion failed to carry and is DENIED. 2-3-0

A Motion was made by A. Stillman, seconded by J. Fenger to GRANT the following variances only for Application No. 05/06-51 -NAS Properties LLC - Variances for Par. 24.3.1a (minimum lot area) and Par. 10.8.3 (nonconformity/lots/size) applicant has demonstrated the hardship based on the zoning regulations and conditions of the lot. Discussion: This motion is for lot size only. No further discussion and a vote was taken: In favor: D. Alexander, J. Fenger, R. McCall, C. Gosselin, A. Stillman Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

A Motion was made by A. Stillman, seconded by D. Alexander to DENY without Prejudice the following variances only for Application No. 05/06-51 -NAS Properties LLC - Variances for Par. 24.5.3 (setback/other property line) and Par. 10.8.2 (nonconformity/lots) applicant has not demonstrated hardship. Discussion: The denial is for the 1.5 foot encroach on the southwest corner of the lot. J. Fenger stated the applicant could come back if there is a structural problem. No further discussion and a vote was taken: In favor: D. Alexander, J. Fenger, A. Stillman Opposed: R. McCall, C. Gosselin Abstaining: None The motion passed. 3-2-0

Discussion with respect to the public hearing that closed this evening. The proposal is to modernize the bath in the rear portion of the house. R. McCall was in favor. This will be an improvement to the home. A. Stillman stated again that he does not like granting variances for sideline setbacks but applicant made an effort to go in from the sideline and the neighbor is in support.

A Motion was made by A. Stillman, seconded by C. Gosselin to GRANT Application No. 05/06-52 -Roberts since sufficient hardship has been shown and proposal is in harmony with the neighborhood. The approval is in accordance with the plans submitted that were dated May 2, 2006 by KV designs, Denise Von Dassel, Architect and the survey dated January 27, 2006 by Robert E. Corrigan, Land Surveyor. 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: A letter dated May 18, 2006 from Jerzy and Stella Jedrychowski requesting an extension to August 15, 2006 in order to obtain a building permit on property located at 4 Toms Road, Map 6, Lot No. 15.

A Motion was made by R. McCall, seconded by A. Stillman to GRANT an extension to August 15, 2006 to obtain a building permit on property located at 4 Toms Road. 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

Old Business: Added to the agenda was an old business item re the revised “Zoning Board of Appeals Guidelines”. The Board reviewed the changes and felt the guidelines were ready to be adopted by the Board.

A Motion was made by R. McCall, seconded by A. Stillman to approve and adopt the Zoning Board of Appeals Guidelines as submitted with the understanding that they can be amended and changed at any time as so stated. Effective date of Guidelines - July 1, 2006. No discussion and a vote was taken: In favor: R. McCall, J. Fenger, D. Alexander, A. Stillman, C. Gosselin Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Minutes: A Motion was made by R. McCall, seconded by J. Fenger to approve the Minutes of the May 10, 2006 Regular Meeting of the Zoning Board of Appeals and the May 17, 2006 Special Meeting. 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 R. McCall, seconded by A. Stillman to adjourn the June 14, 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 10:45 p.m.

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