Town of Old Saybrook, CT - ZBA 121306.minutes

ZBA 121306.minutes

MINUTES OF THE ZONING BOARD OF APPEALS

DECEMBER 13, 2006

A Meeting of the Zoning Board of Appeals of the Town of Old Saybrook was held on Wednesday, December 13, 2006 at the Town Hall, First Floor Conference Room, 302 Main Street and heard the following appeals and made the following decisions:

Seated for this evenings meeting were the following members: Rex McCall, Chairman, Dorothy Alexander, Chris Gosselin, Julius Castagno, Carl Garbe, alternate

Present: Kim Barrows, Clerk

Absent: Adam Stillman, Allan Fogg, alternate, vacancy

The meeting was then called to order at 7:33 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:

06/07-19 C – Paul L. Tarascio and Kimberly Tarascio seek a variance of Par. 10.7.1 (nonconformity/ enlargements), Par.10.8.2 (nonconformity/lots), Par. 10.8.3 (nonconformity/lots/ detached dwelling), Par.10.8.4 (nonconformity/lots), Par. 24.5.2 (rear setback 15 ft required), Par. 24.3.1(a) (minimum lot/20,000 s.f.) as modified by Par.10.8.3, Par. 24.3.2 (minimum dimension of square), Par. 24.3.4 (minimum width along bldg. line) and Par. 7.4.10 (special setbacks from wetlands) of the Zoning Regulations to permit removal of single family seasonal dwelling and replace with year round single family residence on property located at 26 Walker Avenue Ext., Map No. 14, Lot No. 49.

By letter dated December 13, 2006 from William A. Childress, Esquire, this application was withdrawn.

PUBLIC HEARINGS:

06/07-23 – Lena Cavanna 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. 7.4.10 (special setbacks from wetlands) of the Zoning Regulations to permit conversion of an open deck into an unheated room limited to seasonal use on property located at 9 Buckingham Avenue (Plum Bank), Map No. 14, Lot No. 119.

Present: William A. Childress, Esquire

Attorney Childress gave a brief presentation. The dwelling is a small seasonal cottage on a 4,000 +/- lot. The deck is 4' above grade and counts in the ground coverage. The applicants would like to convert the existing deck into a three (3) season room. The hardship is the narrow lot on a narrow street that is bordered by wetlands, leaving a small building area. The submitted plan is outlined in “pink” showing the building area. There will be no lateral encroachment. No other land is available to expand the size of the lot and strict enforcement of the regulations would preclude any use. The

proposal is modest and in harmony with the neighborhood. It is also consistent with the Town Plan of Development. There is also neighborhood support. A letter from Frank Mattoni of 15 Buckingham is in favor. A petition signed by neighbors has been presented (and is in the file). The letter from the Health District is in the file outlining several conditions and Mr. Cavana is agreeable to the conditions. D. Alexander questioned the deck, if at grade it would not count as ground coverage. Architect Brian Buckley showed the current placement of the deck. 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 7:45 p.m.

06/07-24 – Ronald A. Waldron 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) of the Zoning Regulations to permit an addition to an existing dwelling on property located at 43 Coulter Street, Map No. 37, Lot No. 64.

Present: George Kinsley, Attorney for the Applicant; Mr. & Mrs. Waldron and Ron Waldron.

Attorney Kinsley gave a brief presentation. The dwelling was built in 1889. The applicants purchased the property last year. The Assessor’s card was entered into the record as Exhibit A. Photos also show the condition of the existing house. Discussion of the “right-of-way” on the property that provides access to an interior building lot. The right-of-way requires an additional setback which imposes a unique hardship on this property. The additional setback is unnecessary creating additional space. Mr. Sola, the owner of the building lot stated that the granting of the variance would not interfere with his use of the right-of-way. Brian Buckley, the architect, discussed the floor plan, stating that it was a modest expansion of the home. The septic system has been approved by the Health District. The location of the addition is in keeping with the “Farmhouse” architecture of the home. C. Gosselin asked about the configuration of the addition, discussion ensued re size of addition, D. Alexander agreed that the addition is too large. The hardship is the 55' setback required on the east side which would only allow an 8' expansion of the home. This is a very unique situation. It will not affect the neighborhood and the neighbors do no object. Further discussion of making the addition smaller. Attorney Kinsley stated that the design is the function of the family not the ZBA. The Chairman then opened the floor for comments from the audience either in favor or opposition. Mr. Sola, the owner of the building lot, spoke in favor. There was no further audience participation and no further Board comments. The public hearing closed at 8:35 p.m.

06/07-25 – Lawrence C. Greb, Trustee 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) of the Zoning Regulations to permit a second story addition over an existing one-story

single family dwelling on property located at 29 Hartlands Drive (Cornfield Point), Map No. 1, Lot No. 38.

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

Attorney Childress gave a brief presentation. The house is a one story dwelling and applicant would like to add a second story. The height of the structure would be 27', there would be no lateral encroachment on the setbacks, only vertical. The proposal is well within the lot coverage and floor area requirements. The hardship is the narrow street and on the plans the building envelope is

outlined in yellow. The sideline requirement creates the hardship since there is no additional land available to enlarge or widen the lot. The proposal is consistent with the neighborhood which has two-story homes. It was discussed that Hartlands Drive is only 20' in width. Brian Buckley, the architect, discussed the septic and that the proposal is not to expand the footprint, only to go up. Brian Buckley also went over the floor plans with the Board. A letter from Mr. Wolf, an abutter to the north, dated December 2, 2006 objected stating the project would obstruct his view. There is no view easement protecting views in this area.. Pictures from the neighborhood were shown. This property is not in a flood zone. The following letters in support were entered into the record: Mary Bartholomew of 35 Sea Lane; Ira Key of 32 Hartlands Drive dated October 17, 2006; Cathryn Flanagan of 53 Mohican dated November 27, 2006. Discussion of the height and Brian Buckley stated that this property is in a “high wind zone” and has to meet the code set by the State of Connecticut. The Chairman then opened the floor for comments from the audience either in favor or opposition. The following people spoke in favor: Hank Williams of 47 Mohican, he stated he wnet over the plans and they look good; Barbara Middleton of 31 Hartlands Drive, does not object; Cathryn Flanagan of 53 Mohican also does not object. There was no further audience participation and no further Board comments. The public hearing closed at 8:55 p.m.

REGULAR MEETING (DECISION MAKING PORTION ):

Discussion with respect to the public hearing that closed this evening. The proposal is to convert the existing deck into a three (3) season room. The Health District in a letter dated December 13, 2006 listed some conditions which the applicant needs to comply with. The deck as it exists does not create a problem with the wetlands so the three season room should not either. The Board members felt the proposal does not impose a negative impact to the neighborhood. The hardship is the narrow lot and the 50' wetlands setback. The deck already exists so there is no additional ground coverage. It is in harmony with the neighborhood.

A Motion was made by J. Castagno, seconded by C. Garbe to GRANT Application 06/07-23 – Cavanna to permit conversion of an open deck into an unheated room limited to seasonal use. The hardship is the narrowness of the lot and the fact that the addition will not increase the nonconformity that already exists. No further discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, J. Castagno, C. Garbe Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Discussion with respect to the public hearing that closed this evening. The parcel is unique since there is a Right-of-Way on the property that is 25 feet in width and there is an additional 25' setback

from the Right-of-Way. There will be a new septic system installed. The Health District approved the application. D. Alexander felt the addition could be scaled back and the new design could encroach less. It is felt that a compromise could be made. C. Gosselin had a concern with the size of the family room as well but he puts more weight on the new septic than the size of the addition. R. McCall didn’t see a problem with only a 10' setback from the Right-of-Way. R. McCall stated that the person who owns the Right-of-Way did not object.

A Motion was made by R. McCall, seconded by J. Castagno to GRANT Application 06/07-24 – Waldron since the hardship has been shown with the unique 25' setback requirement from a right-of-way limiting the expansion of the home in order to modernize it. It minimizes an encroachment on the west side of the property so that there will be less than what exists currently. No further discussion and a vote was taken: In favor: R. McCall, C. Gosselin, J. Castagno, C. Garbe Opposed: D. Alexander Abstaining: None The motion passed. 4-1-0

Discussion with respect to the public hearing that closed this evening. The proposal is for a second floor over the existing footprint. One neighbor objected stating that it would obstruct his view. There is not a view easement in place. One other neighbor stated that there was not a view. No further encroachment on the setbacks, going straight up. It is unique because Hartlands Drive is a 20' road. The consensus of the Board was that there was not a problem in granting these variances. It was felt that the proposal was reasonable and appropriate. Discussion about Health Districts letter of December 13, 2006 recommending that the application be continued to next month since it needs information in order to determine if the property has a code complying system area. The CRAHD at this time is unable to approve or deny the application. The consensus of the Board was to grant contingent on the Health District.

A Motion was made by D. Alexander, seconded by J. Castagno to GRANT Application 06/07-25 – Greb the hardship being the narrowness of the road and that the approval is contingent upon the approval of the Connecticut River Area Health District. No further discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, J. Castagno, C. Garbe Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Minutes: A Motion was made by R. McCall, seconded by D. Alexander to approve the Minutes of the November 8, 2006 Regular Meeting of the Zoning Board of Appeals and the November 16, 2006 Special Meeting as presented. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, J. Castagno, C. Garbe Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Adjournment: A Motion was made by R. McCall, seconded by J. Castagno to adjourn the December 13, 2006 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, J. Castagno, C. Garbe Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 9:25 p.m.

The next Regular Meeting of the ZBA will be on Wednesday, January 10, 2007 at 7:30 p.m. at the Pashbeshauke Pavilion, 155 College Street Extension.

Respectfully submitted,

Kim N. Barrows, Clerk

Old Saybrook Zoning Board of Appeals

Old Saybrook, Connecticut 06475