Town of Old Saybrook, CT - ZBA 080906.Minutes

ZBA 080906.Minutes

MINUTES OF THE ZONING BOARD OF APPEALS

AUGUST 9, 2006

A Meeting of the Zoning Board of Appeals of the Town of Old Saybrook was held on Wednesday, August 9, 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, Adam Stillman, Carl Garbe, alternate and Alan Fogg, alternate

Present: Kim Barrows, Clerk

Absent: Dorothy Alexander, Chris Gosselin, Herb Weiland, alternate

The meeting was then called to order at 7:36 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:

PUBLIC HEARINGS:

06/07-03– Keith Coakley and Madeline Coakley seek a variance of Par. 10.7.1 (nonconformity/ enlargements), Par. 10.7.2 (nonconformity/ change) and Par. 24.5.3 (setback/other property line) of the Zoning Regulations to permit screening of existing open deck on property located at 44 Middletown Avenue (Saybrook Manor), Map No. 20, Lot Nos. 95 & 96.

Present: Mr. & Mrs. Keith Coakley, applicants.

Mr. Coakley gave a brief presentation. The existing deck was built before current zoning regulations. Applicants would like to screen in and roof the existing deck. Applicant went over variances required, the rear corner of the deck is only 5 feet from the property line. The deck can’t be moved due to the placement of the septic system and the cellar hatch. The Chairman then opened the floor for comments from the audience either in favor or opposition. There was no audience participation. A question of whether the same footings would be used and the applicant stated that decking and footings would remain, he also stated that the porch would not be winterized. J. Fenger asked if the applicant had a problem with attaching a condition that the porch never be winterized or glassed in. The applicant stated he did not have a problem with that as a condition. There was no further Board comments and the public hearing closed at 7:45 p.m.

06/07-04C– Homer Scoville seeks a variance of Par. 7.4.10 (special setbacks from wetlands) of the Zoning Regulations to allow fill in a portion of the yard to alleviate ponding of water on property located at 28 Willard Avenue, Map No. 24, Lot No. 91-1.

Present: Mr. Homer Scoville, applicant.

Mr. Scoville gave an overview of what was to be done to fill in a portion of the property. That portion of the property has ponded water on it 3 or 4 times a year. The driveway of the home fronts on Willard Avenue and the house faces College Street. The rear of the property had been densely populated with fragmities but with permission the applicant removed the fragmities. Ponding water could have been there before but now that there is a grassy area the ponding is noticeable when it occurs. Discussion of the elevation of the road and how the roadway intercepts the water. Discussion of the Town draining the water and the possible solutions. The applicant does not want to seek court injunctions, he would like to solve the problem amicably. The hardship is the road which is causing a flooding problem and the fill is a way to help alleviate it. A letter from Amy Miller of 2 Mulberry Street dated August 1, 2006 was entered into the record. She has concerns about the filling. A letter from Karel and Ashley Malinovsky of 40 Willard Avenue dated August 9, 2006 expressing some concerns. A letter from J. H. Torrance Downes a Director of the Cypress Cemetery Association dated August 3, 2006 which gave background on the matter and possible solutions. At this time Mr. Downes, who was also in the audience gave an overview of the letter. He stated that the Town did not have an interest in putting in a culvert or to carve down the road so that the water would flow over it. He stated that he spoke with D. Hearne, the Town’s Inland Wetlands Officer, and the wetland in question is “low quality” and “isolated”. Discussion about paving the road. The Chairman then opened the floor for comments from the audience either in favor or opposition. Mr. Lou Chupak of 32 Willard Avenue does not oppose, but he has concerns. Mr. Michael Cameron of 74 College Street was in favor. Mr. James Cahill from the Cypress Cemetery Association was in favor and he discussed drainage issues. If the ZBA grants this variance, it will mean that the applicant then goes before the Inland Wetlands and Watercourses Commission. There was no further Board comments and the public hearing closed at 8:22 p.m.

06/07-05– Scott Desmond seeks a variance of Par. 7.4.4 (setbacks/narrow streets), Par. 10.8.1 (nonconformity/lots), Par. 10.8.2 (nonconformity/lots/use, structure will conform), Par.10.8.3 (nonconformity/lots/area), Par. 24.5.1 (street line setback 25 ft), Par. 24.5.3 (setback/other property line), Par. 24.6.2 (building bulk & coverage/max. bldg. coverage), Par. 24.3.1 (minimum lot area), Par. 24.3.2 (minimum dimension of square) and Par. 24.3.4 (minimum width along building line) of the Zoning Regulations to permit removal of existing house and construction of new house on property located at 41 Attawanhood Trail (Indiantown), Map No. 13, Lot No. 64.

Present: Mr. & Mrs. Scott Desmond, applicants.

Mr. Desmond give a brief overview. Last year variances were granted to put on an addition to the existing house but when it came time to start the project, they found that the structure was not worth saving. By demolishing the existing home and rebuilding, the applicants will be making the structure more conforming, i.e. more within setbacks and raise to flood elevation. When the previous variances were granted, the Board asked if applicant could reposition the house to conform with the side setbacks. At that time, applicant was using the existing foundation and that could not be done. Now applicant can manipulate the plans to be within the 15 foot setbacks. The shed note on the plan was discussed and the shed will remain. The Chairman then opened the floor for comments from the audience either in favor or opposition. There was no audience participation. There was no further Board comments and the public hearing closed at 8:33 p.m.

06/07-06 – Alfred Chiulli seeks a variance of Par. 10.7.1 (nonconformity/enlargements), Par.10.8.2 (nonconformity/lots), Par. 24.5.3 (setback/other property line) and Par. 24.6.2 ( max bldg./structure coverage) of the Zoning Regulations to permit raising of structure, rebuilding of two floors and removal of decks on property located at 27 Beach Road West (Chalker Beach), Map No. 12, Lot No. 154.

The Applicant gave a partial presentation this evening but the Board questioned the square footage figures and coverage percentages. If the only change from the previous application was the height of the structure and the footprint remained the same, why didn’t the numbers remain the same. After some discussion, the Board decided to hold open the public hearing so that the Applicant could get the figures and the drawings straight.

A Motion was made by R. McCall, seconded by A. Fogg to CONTINUE THE PUBLIC HEARING on Application 06/07-06 - Chiulli until the SEPTEMBER 13, 2006 MEETING so that the applicant can remedy the discrepancy in the square footage and coverage figures. No discussion and a vote was taken: In favor: R. McCall, J. Fenger, A. Stillman, C. Garbe, A. Fogg Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

06/07-07 – Brenda B. Dyson seeks a variance of Par. 7.4.4 (setbacks/narrow streets), 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 increasing the height of the roof on the front porch to allow a standard size front door on property located at 13 Uncas Road (Cornfield Point), Map No. 1, Lot Nos.128 & 128-1.

Present: Ray and Brenda Dyson, applicants.

The applicants gave a brief overview of what they would like to do and that is to raise the roof at the front entrance in order to install a standard size front door. The Board asked about an A-2 survey and the Chair stated that he discussed it with the ZEO, Chris Costa and an A-2 survey was not required for this application. The roof will only be raised 1 foot to accommodate a 6' 8" door. The Chairman then opened the floor for comments from the audience either in favor or opposition. There was no audience participation but a letter from Frances Donfried dated July 31, 2006 stating no objection. There was no further Board comments and the public hearing closed at 8:33 p.m.

06/07-08 – Gail Clarke seeks a variance of Par. 10.7.1 (nonconformity/ enlargements), Par. 10.7.2 (nonconformity/ change) and Par. 21.5.3 (setback from other property line 20 ft required) of the Zoning Regulations to permit an addition to the rear of the house (den and porch) on property located at 18 Hartford Avenue (Saybrook Manor), Map No. 19, Lot No.166.

Present: Gail and Emily Clarke, applicants.

Mr. Clarke gave a brief overview. They would like to remove the existing porch and use that area to expand and create extra living space. The living space would have the same footprint and the deck would be glassed in. The Chairman then opened the floor for comments from the audience either in favor or opposition. There was no audience participation. The following letters in support were entered into the record: None of the letters were dated. Charlotte McDonnell of 20 Hartford Avenue; Rose Ann Fehling of 14 Hartford Avenue; Mildred Painter of 15 Hartford Avenue; Caroline Southard of 10 Hartford Avenue; Salvatore Martelle and Betty Limberger of 17 Hartford Avenue; Angela Chiulli of 19 Hartford Avenue; Michael Gassillo of 13 Hartford Avenue (unsigned). There was no further Board comments and the public hearing closed at 8:57 p.m.

REGULAR MEETING (DECISION MAKING PORTION ):

Discussion with respect to the public hearing that closed this evening. The proposal is to screen and roof the existing deck. There was discussion as to the hardship and it is the placement of the house on the lot along with the placement of the septic system and hatchway. The applicant agreed that a condition could be that it would never be winterized, i.e. glassed in and heated.

A Motion was made by J. Fenger, seconded by A. Stillman to GRANT/with condition Application 06/07-03 - Coakley. Sufficient hardship has been shown. There is no other place on the lot to move the screened porch. The porch will not be winterized, glassed in or heated. No discussion and a vote was taken: In favor: R. McCall, J. Fenger, A. Stillman, C. Garbe, A. Fogg Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Discussion with respect to the public hearing that closed this evening. The variance is only for the 50' setback from the tidal wetlands. If this variance is granted then the applicant will have to go to the Inland Wetlands and Watercourses Commission to get permission to fill in the wetlands. Discussion regarding solutions to alleviate the ponding. Several options were put forward, i.e. culvert under the road, lowering the road to allow water to flow to lowest point, filling area up to road grade. Further discussions re Town’s involvement and the Cypress Cemetery Commission’s approval to try and alleviate the ponding and the flow of water over several parcels.

A Motion was made by R. McCall, seconded by A. Stillman to GRANT Application 06/07-04C - Scoville. Sufficient hardship has been clearly shown. The CAM application is approved as well. No discussion and a vote was taken: In favor: R. McCall, J. Fenger, A. Stillman, C. Garbe, A. Fogg Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Discussion with respect to the public hearing that closed this evening. R. McCall stated that if the variance granted a condition could be that the 15' setbacks on the north and south side of the house must be maintained. Discussion as to the previous variances granted in January, now the house will be straightened out and upgraded. The front of the house will be in line with the rest of the homes in the area.

A Motion was made by A. Stillman, seconded by C. Garbe to GRANT Application 06/07-05 - Desmond. Sufficient hardship has been demonstrated based on th setbacks with the condition that the applicant comply with the 15' setbacks on the north and south side of the property. Discussion: A. Fogg asked again about the variances granted last time; R. McCall questioned the drawings which show a third story; a new septic would be installed. There was discussion as to the width of the house. No further discussion and a vote was taken: In favor: R. McCall, A. Stillman, C. Garbe Opposed: J. Fenger, A. Fogg Abstaining: None The motion failed to pass. 3-2-0 DENIED

Discussion ensued as to why the motion did not carry. J. Fenger did not feel comfortable and wanted to look at the application further. A. Fogg looked at the plans again, the lot is 50' x 100', the house would be narrow. Further discussion about having the applicant comply to the 15' setbacks on the north and side. The pluses are: new septic, flood compliance, less nonconforming. A. Fogg felt the sideline setbacks should be granted.

A Motion to RECONSIDER was made by A. Stillman, seconded by R. McCall to GRANT Application 06/07-05 - Desmond. Sufficient hardship has been demonstrated based on th setbacks of the property with the condition that the applicant comply with the 15' setbacks on the north and south side of the property. No discussion and a vote was taken: In favor: R. McCall, A. Stillman, C. Garbe, A. Fogg Opposed: J. Fenger Abstaining: None The motion passed. 4-1-0

Discussion with respect to the public hearing that closed this evening. A variance is needed even though the applicant is only raising the front porch portion of the roof a foot, it is changing a nonconformity. The applicant is only raising it slightly to put in a standard size front door along with the header piece.

A Motion was made by A. Fogg, seconded by J. Fenger to GRANT Application 06/07-07 - Dyson. The hardship is the substandard height of the front door, need to bring up to code. There should be no adverse impact on the property raising the roof a foot, nothing else changes. No discussion and a vote was taken: In favor: R. McCall, J. Fenger, A. Stillman, C. Garbe, A. Fogg Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Discussion with respect to the public hearing that closed this evening. The Board didn’t see a problem with granting the variances. A. Stillman stated that all of the houses on the street were situated on one side of the lot or the other, none of them were centered on the lot. R. McCall went over the variances requested and the Board discussed the size of the lot.

A Motion was made by A. Stillman, seconded by C. Garbe to GRANT Application 06/07-08 - Clarke. Applicant has demonstrated a hardship in that the placement of the house on the property and the location if he wants to make an addition which is consistent with the neighborhood and in line with the rest of the neighborhood he would have to impede on the sideline variance. It is in harmony with the neighborhood. No discussion and a vote was taken: In favor: R. McCall, J. Fenger, A. Stillman, C. Garbe, A. Fogg Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Minutes: A Motion was made by J. Fenger, seconded by A. Stillman to approve the Minutes of the July 12, 2006 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, J. Fenger, A. Stillman, A. Fogg, C. Garbe Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Adjournment: A Motion was made by R. McCall, seconded by J. Fenger to adjourn the August 9, 2006 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, J. Fenger, A. Stillman. C. Garbe, A.. Fogg Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 9:32 p.m.

The next Regular Meeting of the ZBA will be on Wednesday, September 13, 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