Town of Old Saybrook, CT - ZBA 022107.Minutes

ZBA 022107.Minutes

MINUTES OF THE ZONING BOARD OF APPEALS

FEBRUARY 21, 2007

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 Meeting that was held on Wednesday, February 21, 2007 (February 14, 2007 regular meeting postponed due to inclement weather) at 7:30 p.m. at the Town Hall, 302 Main Street, First Floor Conference Room, heard and decided the following appeals:

Seated for this evenings meeting were the following members: Dorothy Alexander, Vice Chairman, Adam Stillman, Allan Fogg, alternate, Carl Garbe, alternate

Present: Kim Barrows, Clerk, Christina Costa, ZEO

Absent: Rex McCall, Chairman, J. Castagno, Chris Gosselin, vacancy

The meeting was then called to order at 7:32 p.m.

The Vice Chairman introduced the Board members who were seated for this evenings meeting. The Vice Chairman 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:

06/07-26 – Bernice DeLeo seeks a variance of Par. 7.4.4 (narrow street), Par. 10.7.1 (nonconformity/ improvements/ enlargement), Par.10.7.2 (nonconformity/improvements/change), Par. 24.5.1 (street line setback 25 ft required), Par. 24.5.3 (setback/other property line) and Par. 24.5.3 (setback/other property line) of the Zoning Regulations to permit renovation of the first floor of a year round dwelling and an addition of a second floor on property located at 8 Obed Trail, Map No. 19, Lot No. 308.

Present: Ms. Bernice DeLeo, applicant

Ms. DeLeo gave a brief presentation. Applicant has owned the property since the mid 1970's. It currently is a small one story house on a 50' x 100' lot. The height of the second story addition will be under 23' and there will be no lateral encroachment into the setbacks. The lot coverage and floor coverage are within the percentages required. The project is in harmony with the neighborhood. The property is not in a flood zone. There is no additional land available to expand the lot to make it larger. The property has a narrow street setback which is a hardship on such a small lot. A. Stillman questioned the overhang on the 2^nd floor. Applicant stated it was architectural, Board felt it was adding to the floor area on the second floor and encroaching further into the setback. By taking eliminating the overhang, the house will look more like a box. The following letters in favor were submitted: Letters from Lee-Ann M. Flynn, 7 Obed Trail dated January 8, 2007; Katherine Schimke, 6 Obed Trail dated January 8, 2007 and Catherine Sarra and Bernie Blumenthal, 10 Obed Trail dated February 12, 2007. The Vice Chairman then opened the floor for comments from the audience either in favor or opposition. There was no audience participation and no further Board participation and the public hearing was closed at 7:44 p.m.

06/07-27 – Konrad Kotrady seeks a variance of Par. 10.7.1 (nonconformity/improvements/ enlargement), Par.10.7.2 (nonconformity/improvements/change) and Par. 24.5.3 (setback/other property line) of the Zoning Regulations to permit a small addition to side of existing seasonal cottage on property located at 28 Soundview Avenue (Chalker Beach), Map No. 18, Lot No. 125.

Present: Mr. Konrad Kotrady, applicant and Mr. Tim Mack, architect

Mr. Kotrady gave a brief presentation. The cottage has been in the family for years and they would like to extend the cottage 12' on one side. The project would be keeping with the lines of the existing cottage. Mr. Mack of Trinity Builders stated that even though a lack of space is not considered a “hardship” the rooms of the cottage a very small and Mr. Kotrady would like to gain some useful space with the addition. The number of bedrooms will not change. The lot is a large lot for the area and there is no question as to staying under the 20% allowed for ground coverage. The property will remain seasonal and the applicant feels this will be a nice upgrade to the property that is in keeping with the neighborhood. D. Alexander stated that the application was short on hardship and why can’t the expansion take place on the side of the house where there will not be an encroachment into a setback. Applicant explained that the septic is in that area (although the septic area is not noted on the plans submitted). To change the place of the addition, applicant would have to redesign the inside of the house. They are not willing to do that. The Board asked about the shed in the back of the property and wanted to know if it could be brought into conformance with the setback. Applicant stated that yes it could. The Vice Chairman then opened the floor for comments from the audience either in favor or opposition. There was no audience participation and no further Board participation and the public hearing was closed at 7:50 p.m.

06/07-28(a) – Appeal by John Hasychak, Jr. of the Zoning Enforcement Officers cease and desist order dated December 15, 2006 for violation of Par. 3.1 and Par. 72.7.7 of the Zoning Regulations on property located at 41 Soundview Avenue (Chalker Beach), Map No. 18, Lot No. 129.

By letter dated February 21, 2007, this appeal was withdrawn.

06/07-29 – Frank J. Mattoni seeks a variance of Par. 7.4.10 (special setbacks from wetlands), Par.10.8.2 (nonconformity/lots), Par.10.8.3 (nonconformity/lots), Par. 24.3.1 (a) (minimum lot area-20,000 s.f.) as modified by Par. 10.8.3, Par. 24.3.2 (a) (minimum dimension of square - 100 feet), Par. 24.3.4 (minimum width along building line-100 feet) and Par. 24.5.3 (setback/other property line) of the Zoning Regulations to permit removal of existing dwelling and shed and construct new, year round single family dwelling on property located at 15 Buckingham Avenue (Great Hammock), Map No. 14, Lot No. 117 & 116.

Present: William A. Childress, Esquire, agent for the applicant and Mr. Frank Mattoni, applicant

Attorney Childress gave a brief presentation. The property is located in a Residential A zone and is a 5,472 s.f. lot. It is an existing year round dwelling with a detached shed. The A-2 survey shows the placement of the septic system. With the new dwelling, the side setback will go from 0' to 8.26' which is a substantial change from the existing setback. The easterly side will have the required 15' setback. The septic system will be away from the tidal wetlands and there will be a minor encroachment into the rear setback because of placement of the septic in the front of the house. When removing an existing building, the usual variances are required, i.e. square and width. The lot was created prior to zoning and there is no available land to make the lot larger. The lot is only 50' wide and that leaves only a 20' buildable area. The project has the approval of the health district and will comply with all health codes and flood plain regulations. It is also consistent with the neighborhood. The following letters were entered into the record in support: William and Barbara Peck, 10 Buckingham Avenue dated February 9, 2007; Mary C. Lantieri, 7 Buckingham Avenue dated February 7, 2007; Robert S. Loveland, 3 Buckingham Avenue and 15 Walker Avenue dated February 4, 2007; Valentino Patarini, 15 Barnes Road dated February 2, 2007; Lucy Zocco, 28 Buckingham Avenue dated February 7, 2007; Frances Guerrera, 7 Barnes Road So. dated February 4, 2007; Joseph W. Riley, Jr., 5 Barnes Road So. And 27 Walker Avenue dated February 5, 2007; Donna Queiros, 3 Buckingham Avenue dated February 4, 2007; Donna Queiros, 5 Buckingham Avenue dated February 4, 2007; Lucy Mozzicato, 1 Barnes Road South dated February 5, 2007; Anthony and Lena Cavanna, 3 & 9 Buckingham Avenue Dated February 5, 2007; Nancy Rossicone, 12 A Walker Avenue Ext. dated February 2, 2007; Ed Czarkowski, 5 Walker Avenue dated February 7, 2007; Joseph Rosano, 3 & 29 Buckingham Avenue dated February 7, 2007; Christopher J. Farrell, 24 Walker Avenue dated February 5, 2007; Evelyn and James Carniecelli, 23 Barnes Road dated February 5, 2007; Paul Tarascio, 26 Walker Avenue and 3 Buckingham Avenue dated February 7, 2007; Santina Guiliano, 4 Buckingham Avenue dated February 12, 2007; Christine L. Gwizd and George Gwizd, 19 Buckingham Avenue dated February 12, 2007; Angela Conochalla, 26 Buckingham Avenue dated February 8, 2007; Annabel Resnisky, 5 Barnes Road dated February 2, 2007; Richard Tanasi, 17 Walker Avenue dated February 2, 2007; Roger R. Fine, 3 Walker Avenue dated February 2, 2007; Roger R. Fink, 3 Buckingham Avenue dated February 2, 2007; Elaine Pruchnicki, 18 Walker Avenue dated February 2, 2007; William J. Wilber, 1 Buckingham Avenue dated February 5, 2007; Paul and Patricia Dellaripa, 3 Buckingham Avenue and 1 Walker Avenue dated February 2, 2007; Lori Dorothy, 12 Buckingham Avenue dated February 3, 2007.

The following letters in opposition or with concerns: Adirenne DiMauro, 17 Buckingham Avenue dated February 8, 2007 has a concern with the placement of an air conditioning unit close to her home making noise since there is another compressor on the other side of her property. Joanne DiMauro, 17 Buckingham Avenue not dated with the same air conditioning placement concern. Violet DiMauro, 17 Buckingham Avenue, again the same concern with the placement of the air conditioning unit. Michael Rosano, 31 Buckingham Avenue received at the public hearing February 21, 2007 having a concern re blocking of the road during construction, more specifically access for emergency vehicles.

Christina Costa, the Zoning Enforcement Officer asked the applicant about how much will would be added to the site and how that would affect the final elevation of the property. Mr. James Mattoni, the architect went over how the measurement of the height of the building was computed and the fill. Further discussion between the Board, ZEO and applicant as to final height shall not exceed the 35'. The Vice Chairman then opened the floor for comments from the audience either in favor or opposition. There was no audience participation and no further Board participation and the public hearing was closed at 8:25 p.m.

REGULAR MEETING (DECISION MAKING PORTION ):

Discussion with respect to the public hearing that closed this evening. C. Garbe felt that this is the same hardship everyone has, i.e. lot is narrow and narrow street setback. A. Stillman has a problem with the sideline setback, it is very small. He would agree to grant with the condition that there is no further encroachment into the setback, i.e. the one foot “overhang”. A. Fogg stated that they are not encroaching further, they are going up. There was discussion re the “overhang”. C. Garbe felt the overhang wasn’t a problem. To box the house would not be architecturally pleasing. Discussion as to existing overhang.

A Motion was made by A. Fogg, seconded by A. Stillman to GRANT/with Condition Application 06/07-26 – DeLeo. The south elevation second floor sidewall will be equal with the outside wall of the floor below. Clarified by A. Stillman that the east and west side of the house i.e. the sidewalls would not exceed the first floor, no overhang. The hardship is there is no additional land, only to go up. Other homes in the area have second floors and proposal is in keeping with the neighborhood. No further discussion and a vote was taken: In favor: D. Alexander, A. Stillman, A. Fogg, C. Garbe Opposed: None Abstaining: None The motion passed unanimously. 4-0-0

Discussion with respect to the public hearing that closed this evening. D. Alexander stated that she has a problem with the “hardship”. This is a large piece of property and there is no reason to encroach into the setback when there is buildable land available. The lot is 12,300 s.f. which is quite large for the area. A. Stillman and C. Garbe feel the same way. A. Fogg stated that on the plan submitted, the septic system placement was not noted.

A Motion was made by A. Stillman, seconded by D. Alexander to DENY Application 06/07-27 – Kotrady since the Board failed to find a hardship. No further discussion and a vote was taken: In favor: D. Alexander, A. Stillman, A. Fogg, C. Garbe Opposed: None Abstaining: None The motion passed unanimously. 4-0-0

Discussion with respect to the public hearing that closed this evening. D. Alexander and A. Stillman liked the project. They felt it was an improvement to the neighborhood. Discussion as to the height of the structure, i.e. not to exceed 35' in height after construction. The Board also discussed the steps for the house since they were not shown on the plans submitted. C. Costa stated that they allow a certain amount of steps and a landing in order to get into the house, number of steps vary considering the dwelling is raised due to the flood elevation. Discussion as to the placement of the air conditioning unit, not in the Board’s purview. Board felt applicant would do what he could to accommodate the neighbors. D. Alexander stated that the project is a big improvement. C. Garbe stated that the new septic was a plus as well as the increase in the sideyard setback from 0' to approximately 8'. There was also discussion about not blocking the road during the construction of the dwelling.

A Motion was made by C. Garbe, seconded by A. Fogg to GRANT Application 06/07-29 – Mattoni. Hardship has been shown with the narrowness of the lot. Improvement of the appearance is consistent with the neighborhood and a new septic system will be installed. No further discussion and a vote was taken: In favor: D. Alexander, A. Stillman, A. Fogg, C. Garbe Opposed: None Abstaining: None The motion passed unanimously. 4-0-0

Minutes: A Motion was made by D. Alexander, seconded by A. Fogg to approve the Minutes of the January 10, 2007 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: D. Alexander, A. Stillman, A. Fogg, C. Garbe Opposed: None Abstaining: None The motion passed unanimously. 4-0-0

Adjournment: A Motion was made by A. Stillman, seconded by D. Alexander to adjourn the February 21, 2007 Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: D. Alexander, A. Stillman, A. Fogg, C. Garbe Opposed: None Abstaining: None The motion passed unanimously. 4-0-0 The meeting was adjourned at 9:32 p.m.

The next Regular Meeting of the ZBA will be on Wednesday, March 14, 2007 at 7:30 p.m. at the Pashbeshauke Pavilion, 155 College Street Extension.

Dorothy Alexander, Vice Chairman

Old Saybrook Zoning Board of Appeals

Old Saybrook, Connecticut 06475