DECISIONS/MOTIONS/MINUTES
Zoning Board of Appeals
Town of Old Saybrook
NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Town of Old Saybrook at a Special Meeting that was held on Wednesday, November 16, 2006 at 7:30 p.m. at the Town Hall, Second Floor Conference Room, 302 Main Street, heard and decided the following appeals:
Seated for this evenings meeting were the following members: Jan Fenger, Vice Chairman, Rex McCall, Chairman, Dorothy Alexander, Adam Stillman, Carl Garbe, alternate (by telephone conference call)
Present: Kim Barrows, Clerk, Christina Costa, ZEO and Michael Cronin, Esquire, counsel for ZBA
Absent: Allan Fogg, alternate, Chris Gosselin, vacancy
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.
The special meeting is being held to reconsider the North application. R. McCall asked Attorney Cronin to address the Board. Attorney Cronin stated that after the October meeting, where a motion was made to seek advice of counsel with respect to the height requirement, that R. McCall did meet with him and C. Costa. After their meeting he rendered a legal opinion that the cupola was acceptable. Neither Attorney Cronin nor Chris Costa were able to attend the November meeting and when R. McCall relayed the information from that meeting to the Board, the Board became confused from what R. McCall had stated and with the written version of the definition in the Regulations. There was some confusion as to the height regulation and allowing the cupola to exceed the height allowed. Based on this the application
was then denied at the November 8th meeting. After Attorney Cronin read the decision and the reasoning behind the decision made on November 8th, it was his opinion that the Board did not have a firm grasp on how that section on height should be interpreted. Attorney Cronin, after research, stated that the original decision to deny was not official until the legal notice was advertised in the paper (within 15 days after the decision). It was because of that and advice from counsel that the Board decided to either reconsider, revise or reconfirm its decision and called this special meeting.
After a second review of the application, Attorney Cronin and Chris Costa noted that the actual construction of the cupola is outside the 50 foot wetland setback, which 50' setback a variance is being requested. Attorney Cronin also stated that the regulations specifically exempt cupolas from the height requirement. Attorney Cronin then went over the regulation. Further discussion as to special exception of the height in the Gateway Conservation Zone. This property is not in the Gateway Conservation Zone. R. McCall went over the variances being requested. The cupola is not a part of this variance application. Attorney Cronin stated that the hardship was the adoption of the wetland setback after the house was built. The irregular shape of the lot and the deterioration of the structure are also
hardships. A. Stillman and R. McCall both stated that they did not believe the Board had a problem with the granting of the variances requested, i.e. nonconformity and wetlands setback, but had issues with the “scenic loft” and cupola height. Those issues have now been addressed by counsel and the Zoning Enforcement Officer.
A Motion was made by R. McCall, seconded by A. Stillman to GRANT Application 06/07-15C – North. The hardship is the irregular shape of the lot limiting the area for the necessary repair and updating of the home. It will impose no further encroachment into the wetlands setback and the home will be in harmony with the neighborhood. The CAM is approved as well. No discussion and a vote was taken: In favor: R. McCall, J. Fenger, C. Garbe , A. Stillman, D. Alexander Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
At this time C. Garbe concluded his telephone conference call and the Board continued with four (4) members.
New Business: The Board reviewed the list of meeting dates for the year 2007. The ZBA meets the second Wednesday of every month at the Pashbeshauke Pavilion unless otherwise advertised.
A Motion was made by D. Alexander, seconded by R. McCall to APPROVE the meeting dates for the year 2007. No discussion and a vote was taken: In favor: R. McCall, J. Fenger, D. Alexander, A. Stillman Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
Adjournment: A Motion was made by R. McCall, seconded by D. Alexander to adjourn the November 16, 2006 Special Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, J. Fenger, D. Alexander, A. Stillman Opposed: None Abstaining: None The motion passed unanimously. 4-0-0 The meeting was adjourned at 10:35 a.m.
The next Regular Meeting of the ZBA will be on Wednesday, December 13, 2006 at 7:30 p.m. at the Pashbeshauke Pavilion, 155 College Street Extension.
Rex McCall, Chairman
Old Saybrook Zoning Board of Appeals
Old Saybrook, Connecticut 06475
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