Town of Old Saybrook, CT - ZBA 101106.Minutes

ZBA 101106.Minutes

MINUTES OF THE ZONING BOARD OF APPEALS

OCTOBER 11, 2006

A Meeting of the Zoning Board of Appeals of the Town of Old Saybrook was held on Wednesday, October 11, 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, Alan Fogg, alternate

Present: Kim Barrows, Clerk

Absent: Dorothy Alexander, Chris Gosselin, vacancy

The meeting was then called to order at 7:30 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:

06/07-13 – Garth and Lindsay Greimann 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) and Par. 7.4.4 (narrow street setback) of the Zoning Regulations to permit a one story addition approximately 6'x18' on property located at 37 Maplewood Street, Map No. 37, Lot No. 28.

Present: Mr. Stanley Greimann, agent for the applicant

Mr. Greimann gave a brief presentation. The proposal is to add a second bathroom to the house. The addition, as shown on the plan, is only 8 feet from the street. The placement on the east side of the house is due to the septic system being in the rear and a porch addition that already exists. Applicant would like to keep the backyard intact and also keep the porch as it exists. The hardship is the small lot, it predates zoning and the sideyard setback already exists. This subdivision was created in 1924 and the dwelling built in 1959. The lot consists of three lots from the original subdivision. The applicant stated that the setbacks are “too generous”. The Chairman then opened the floor for comments from the audience either in favor or opposition. Mr. Lyle Bishop of 39 Maplewood Street spoke in favor. The Sanitarian report dated 10/6/06 was mentioned stating no objection as long as the B100 requirements were met. Discussion of what the B100 requirements were. There was no further audience participation. There were no Board comments and the public hearing closed at 7:45 p.m.

06/07-14 – Angela Chiulli seeks a variance of Par. 10.7.1 (nonconformity/ enlargements), Par.10.8.2 (nonconformity/lots), Par.10.8.4 (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 addition of two dormers on west side and enlargement of deck on property located at 19 Hartford Avenue, Map No. 19, Lot No. 152.

Present: William A. Childress, Esquire, applicant for the agent; Mr. Bill Albert, builder

Attorney Childress gave a brief presentation. The variances requested are to validate the existing 60 s.f. deck extension and to add 2 dormers. This is a residential A zone and the lot is 5,843 s.f. The dormers are within the existing footprint of the dwelling. It was stated that Mr. Albert did not build the deck, he came on board after. The ground coverage will increase 1% from 21.5% to 22.5%. There is 7.18 feet of existing setback from the house to the sideline. The existing fence is not on the property line. The fence hides the deck extension. There was discussion re the dormers. The hardship is the narrow beach lots that exist, no existing homes meet the setback requirements. Any expansion to the home will require a variance. The house was not built in the center of the lot. “Too generous setbacks” for the area. The proposal is consistent with the development of Saybrook Manor and with the Board’s view on beach lots. There will be no increase in bedrooms and a new septic was installed in 1993. J. Fenger asked about why the expansion of the dormers, to increase the size of the bedrooms. The Chairman then opened the floor for comments from the audience either in favor or opposition. There was no audience participation. There were no Board comments and the public hearing closed at 8:05 p.m.

06/07-15C – Richard W. North seeks a variance of Par. 10.7.1 (nonconformity/ enlargements), Par. 10.7.2 (nonconformity/ change) and Par. 7.4.10 (special setbacks from wetlands) of the Zoning Regulations to permit extensive renovation of existing dwelling and new roof for garage on property located at 102 Knollwood Drive, Map No. 8, Lot No. 48.

Present: Alexander Tighe, Esquire, agent for the applicant.

Attorney Tighe gave a brief presentation. All of the work is to be done within the existing footprint of the structure. The footprint will not be changing. The existing terrace will be brought up a few inches and by doing this it will now be included in the ground coverage calculation. The number of bedrooms is going from 3 to 2 and the square footage is going from 1,400 to 1,800 s.f. The property is located in an A zone. The hardship is the irregular shaped lot and the problem is compounded since so much of the existing structure is within the 50' wetland setback. The house is undersized for the neighborhood. Public health, safety and welfare will not be affected. The Sanitarian has noted the same B100 requirements for this property. There was discussion as to Section 7.3 of the zoning regulations re height and ornamental decorations. On the proposed plan there is a 6'x6' ornamental cupola at the top of the structure and a stairway to it. The stairway is the smallest allowed and still is code compliant. There was discussion as to exceeding the 35' height requirement. R. McCall wants to run this by counsel. There were two letters in support of the plan: Ken and Ann Burgess of 92 Knollwood Drive dated October 7, 2006 and Amy Vertefeuille of 104 Knollwood Drive dated October 4, 2006.

The consensus of the Board was to hold the public hearing open so that it could obtain a ruling from Michael Cronin, counsel for the Board on whether or not ornamental cupolas and belfries are included in the overall 35' height requirement. This is the first time the Board has encountered this situation and wanted some guidance.

A Motion was made by R. McCall, seconded by J. Fenger to CONTINUE the Public Hearing on Application 06/07-15C – North until the November 8, 2006 at the Town Hall, 302 Main Street, First Floor Conference Room in order to obtain guidance from the Board’s counsel as to ornamental cupolas and belfries being included in the overall height of a structure. No discussion and a vote was taken: In favor: R. McCall, J. Fenger, C. Garbe , A. Stillman, A Fogg Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

06/07-16 – Catherine B. Dangona seeks a variance of Par. 10.7.1 (nonconformity/ enlargements), Par.10.8.2 (nonconformity/lots), Par.10.8.4 (nonconformity/lots), Par. 24.5.3 (setback/other property line) and Par. 24.5.1 (street line setback 25 ft required) (modified by Par. 7.4.4 narrow street setback) of the Zoning Regulations to permit a two story addition on property located at 35 Pratt Road, Map No. 1, Lot No. 84.

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

Attorney Childress gave a brief presentation. This property directly abuts the castle subdivision. The property consists of a house with a garage in the rear. The garage is to be removed and the proposal is to add a two story addition to the house. The ground coverage including the entire addition is 19.98%. The setback variances are needed due to the narrow building area. The hardship is the pre-existing lot, the lot is narrow and there is no contiguous building area available. Strict literal enforcement of the regulations would preclude reasonable use. The floor plan was discussed and the septic is to be replaced. Project is consistent with the development of Cornfield Point. R. McCall mentioned that the bedrooms would remain 3. There was a letter from The Gribbs family, who are in favor, but they do not directly abut the property. The Chairman then opened the floor for comments from the audience either in favor or opposition. Mr. Bob Coty of 32 Pratt Road, is in favor, feels will enhance the property. Ms. Jacqueline Tetreault of 31 Pratt Road also in favor. There was no further audience participation. There were no Board comments and the public hearing closed at 8:40 p.m.

06/07-17C – Andy and Phyllis Gregor seek a variance of Par. 58.6 (setback/Gateway Conservation Zone/ required 100' from mean high tide line of CT River or other wetland) of the Zoning Regulations to permit an addition on existing dwelling on property located at 94 River Street, Map No. 49, Lot No. 17.

A letter dated October 11, 2006 from Attorney Casella to postpone the opening of the public hearing in order to get input from the Gateway Commission.

A Motion was made by R. McCall, seconded by A. Fogg to CONTINUE the Public Hearing on Application 06/07-17C – Gregor until the November 8, 2006 at the Town Hall, 302 Main Street, First Floor Conference Room in order to obtain a response from the Gateway Commission per their letter of October 4, 2006. No discussion and a vote was taken: In favor: R. McCall, J. Fenger, C. Garbe , A. Stillman, A Fogg Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

06/07-18C – Barbara S. Rosenthal seeks a variance of Par. 10.7.1 (nonconformity/ enlargements), Par.10.8 (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 an addition on existing dwelling on property located at 22 South Cove Road-1, Map No. 4, Lot Nos. 284 and 285.

Present: Brian Buckley, agent for the applicant

Mr. Buckley gave a brief presentation. The proposal is to add additional living space over existing space. The proposed deck is not covered and is not supported on the ground. The expansion is in keeping with the structure and the neighborhood. This lot is a double lot and is larger than most in the area. The house was built in 1970 and present owners have owned it since 1998. Discussion of the variances requested and the 110 mile wind zone tie downs for the foundation. There was discussion as to allowing the addition over the existing garage but not allowing the deck. The Chairman then opened the floor for comments from the audience either in favor or opposition. There was no audience participation. There were no Board comments and the public hearing closed at 9:00 p.m.

REGULAR MEETING (DECISION MAKING PORTION ):

Discussion with respect to the public hearing that closed this evening. The proposal is an expansion of a nonconformity by adding an addition to the front of the home only 8 feet from the street. Some Board members had a problem with the setback from the street being only 8 feet, they felt it was not enough. Discussion as to the fact that the road is not heavily traveled and there are other houses in the area that are close to the road. It was discussed that the hardship is the placement of the house on the lot, the size of the lot and the two streetline setbacks. There was also some discussion that an applicant can’t use” more space” or “health reasons” as a hardship. J. Fenger asked about placing the addition in a different location and the applicant stated that the septic system is in the back and they would like to keep the screened porch. R. McCall agreed with Mr. Greimann when he stated that the regulations are “too generous on setbacks”. C. Garbe also stated that this was a modest proposal.

A Motion was made by A. Fogg, seconded by R. McCall to GRANT Application 06/07-13 - Greimann. The hardship is the size of the lot, the placement of the house on the existing lot, no other available land and no other real place to put this without incurring more expense to the property owner. The streets are lightly traveled, this is not a high traveled area. Other homes in the neighborhood are as close or closer to the streetline. Discussion: A. Stillman was having a tough time with the sideline setback. R. McCall felt not a threat to the neighborhood. J. Fenger agreed with A. Stillman. C. Garbe mentioned that this was a modest proposal. A. Fogg stated that this lot is consistent with the others in the neighborhood. No further discussion and a vote was taken: In favor: R. McCall, C. Garbe, A. Fogg Opposed: J. Fenger, A. Stillman Abstaining: None The motion failed to pass. So it was DENIED. 3-2-0

dormers on west side and enlargement of deck on property located at 19 Hartford Avenue, Map No. 19, Lot No. 152.

Discussion with respect to the public hearing that closed this evening. Discussion of the dormers. This would square off the back of the house. This would not increase the coverage or extend the footprint. The issue is granting the variance for the deck that was built without a permit. Even if that 60 s.f. portion was removed, the applicants would still have a deck. The Board did not have a problem with the dormers.

A Motion was made by R. McCall, seconded by J. Fenger to GRANT Application 06/07-14 - Chiulli with respect to the addition of the dormers to the existing building and to DENY the 6' x 10' deck addition to the rear of the building. No further encroachment of the setback for the dormers and sufficient hardship has been shown. The deck encroaches further and shall be denied. 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. There are two sideline setbacks and enlargement of a nonconformity. The ground coverage would not be over the 20% allowed. A. Stillman stated that the house would be much larger but the neighbor that would be affected does not have a concern. R. McCall stated that there would be no further encroachment than already exists. There would also be a new septic system installed.

A Motion was made by A. Stillman, seconded by A. Fogg to GRANT Application 06/07-16 - Dangona. The proposal is in harmony with the neighborhood and the general purpose. It is a pre-existing use in the beach communities and a new septic system will be installed. 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 addition over the garage does not increase footprint or add ground coverage. J. Fenger stated that the agent for the applicant said the deck could be taken off and she feels it should be. By taking the deck off it does decrease the ground coverage.

A Motion was made by J. Fenger, seconded by C. Garge to GRANTw/condition Application 06/07-18C – Rosenthal. The variance is granted without the deck in the front of the garage. Without the deck there will be no increase in ground coverage or increase in the encroachment. The CAM is approved. No discussion and a vote was taken: In favor: R. McCall, J. Fenger, C. Garbe , A. Stillman, A Fogg Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Minutes: A Motion was made by R. McCall, seconded by A. Stillman to approve the Minutes of the September 13, 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

Adjournment: A Motion was made by R. McCall, seconded by A. Fogg to adjourn the October 11, 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 9:40 p.m.

The next Regular Meeting of the ZBA will be on Wednesday, November 8, 2006 at 7:30 p.m. at the Town Hall, 302 Main Street, First Floor Conference Room.

Respectfully submitted,

Kim N. Barrows, Clerk

Old Saybrook Zoning Board of Appeals

Old Saybrook, Connecticut 06475