Town of Old Saybrook, CT - Zoning Board of Appeals Minutes 04/18/2007

Zoning Board of Appeals Minutes 04/18/2007

MINUTES OF THE ZONING BOARD OF APPEALS

APRIL 18, 2007

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, April 18, 2007 at 7:30 p.m. at the Pashbeshauke Pavilion, 155 College Street Extension, heard and decided the following appeals:

Seated for this evenings meeting were the following members: Rex McCall, Chairman, Dorothy Alexander, Vice Chairman, Julius Castagno, Carl Garbe, alternate, Michael O’Herlihy, alternate

Present: Kim Barrows, Clerk

Absent: Adam Stillman, Secretary, Chris Gosselin, Allan Fogg, alternate

The meeting was then called to order at 7:35 p.m.

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

PUBLIC HEARINGS:

06/07-38 C– Mikael S. Bjorkman seeks a variance of Par.10.8.2 (nonconformity/lots), Par.10.8.3 (nonconformity/lots), Par. 24.5.1 (street line setback 25 ft required) and Par. 24.5.3 (setback/other property line) of the Zoning Regulations to permit demolition of existing house and deck and construction of new dwelling on property located at 34 Clinton Avenue, Map No. 16, Lot No. 48.

Present: Joseph Wrenn, P.E., agent for the applicant; Mr. Bjorkman, applicant.

Mr. Wrenn gave a brief presentation by reviewing the plans submitted with the application. The existing three bedroom dwelling will be demolished and replaced with a larger three bedroom dwelling. Mr. Wrenn then went over the variances requested. The lot size is 12,362 s.f. just short of the 12,500 s.f. required. Applicants do not own any adjacent land to make the lot larger. This is a corner lot and has to conform to two street line setbacks. Three steps on the side of the house will project slightly into the sideyard as well as the front steps projecting into the street line setback, the rest of the house will conform. The Health District approved the plans as submitted. The following letters were entered into the record: Douglas and Margaret Elderedge of 27 & 31 Clinton Avenue dated April 18, 2007 in favor and Robert and Kathryn Marra of 33 Clinton Avenue dated April 11, 2007 in favor. C. Garbe asked the hardship, the hardship as stated is the actual configuration of the lot (the “L” shape) and due to the narrowness of the lot meeting the two street line setbacks. D. Alexander asked about the mechanicals - will they fit where located on the plan? Mr. Bjorkman stated that the utility room is above flood grade and has been designed to accommodate the mechanicals. The Chairman then opened the floor to the audience, either in favor or opposition. In favor: Carolyn Delbene of 4 Shore Avenue; no one in the audience in opposition. C. Garbe reminded the applicant that actual height not to exceed 35' after construction. There was no further audience participation or Board member comments. The public hearing closed at 7:50 p.m.

06/07-39 – Joseph Diaz and Mary Diaz seek a variance of Par.22.5.1 (setback/streetline/35ft. required/28.25 proposed) of the Zoning Regulations to permit construction of 20'x24' family room with a 4'x24' porch on property located at 128 Ingham Hill Road, Map No. 38, Lot No. 7.

Present: Mr. Thomas Quackenbush of Clinton, the builder for the applicant.

Mr. Quackenbush gave a brief presentation. The applicants hired Mr. Quackenbush to build an addition to their home. The addition would be placed in the front to serve as the entrance to the home. A portion of the existing porch would be removed to accommodate the addition. Mr. Quackenbush showed a picture of the house and the approximate placement of the addition. The Board asked about moving the addition closer to the bathroom window. There was discussion about moving the addition, but due to the water surrounding the property and the septic it would be difficult to move.

The Chairman then opened the floor to the audience, either in favor or opposition. There was no audience participation or further comments from the Board. The public hearing closed at 8:00 p.m.

06/07-40 – ECS, North America, LLC seeks a Certificate of Location for an automobile dealers license to allow the business to sell the occasional motor vehicle, such sales would be an accessory and subsidiary to the overall operation of the business pursuant to Section 41.1.8 of the Zoning Regulations on property located at 148 Mill Rock Road East, Map No. 41, Lot Nos. 2 & 5 – WITHDRAWN

06/07-41 – Estate of Joyce DeDominicis, Albert DeDominicis, Executor seeks a variance of Par. 10.7.1 (nonconformity/ improvements/ enlargement), Par.10.7.2 (nonconformity/improvements/ change), Par. 24.5.1 (street line setback 25 ft required/6.68 proposed) and Par. 24.5.3 (setback/other property line 15 ft required/3.03 proposed) of the Zoning Regulations to permit construction of an addition to th existing second story on property located at 12 West Shore Drive, Map No. 1, Lot No. 125.

Present: Attorney Katie Gillispie, agent for the applicant; Mr. DeDominicis.

Attorney Gillispie gave a brief presentation. The house is situated on a small corner lot and the applicant would like to add a second story over the existing portion of the house. The house was built in 1955 and at that time the setbacks were different. The addition will not encroach further into the setbacks. The hardship is the corner lot. There is no risk to public safety. The addition will match the existing house. The following letters were entered into the record. Theodora Kapeka of 17 Uncas Road dated April 16, 2007 in favor; Ronald and Bonnie Tenay of 15 West Shore Drive (not dated) in opposition; Michele Kalousdian of 17 West Shore Drive in opposition; Frances Wilcox of 19 West Shore Drive dated April 16, 2007 stated she received the notice regarding the public hearing; Ray and Brenda Dyson dated April 17 2007 in favor and Kathleen Delaney of 11 West Shore Drive dated April 17, 2007 in favaor. J. Castagno stated that it will remain a three bedroom house with 2 bathrooms. The Chairman then opened the floor to the audience, either in favor or opposition. In favor: Mr. & Mrs. McKee of 18 Uncas Road; Frances Wilcox in favor; Ed and Anita Fiore of 22 Uncas in favor. Mr. DeDominicis stated that the bathroom upstairs will be shared. No one in the audience in opposition. There was no further audience participation or further comments from the Board. The public hearing closed at 8:22 p.m.

06/07-42 – Brian Kelly seeks a Certificate of Location for an automobile dealers license to allow the existing business which consists of an oil change and self-service car wash to sell motor vehicles in accordance with Par. 34.2.1 (Special Exception Uses) of the Zoning Regulations on property located at 2 Center Road, Map No. 26, Lot No. 6-1.

Present: Angus McDonald, Jr., representing the applicant; Mr. Kelly, the applicant.

Mr. McDonald gave a brief presentation. There will be no structural changes to the building. The only change is that the applicant will have the ability to sell cars. There will be no change in the hours of operation and no additional lighting. The applicant only intends to sell two cars, he does not plan to turn the location into a used car lot. The dealers license is more for the ability to go to the auctions. If the applicant sold the building, a new owner would have to reapply. Also this application will have to go before the Zoning Commission for a site plan review. The Chairman then opened the floor to the audience, either in favor or opposition. There was no audience participation or further comments from the Board. The public hearing closed at 8:30 p.m.

REGULAR MEETING:

Discussion with respect to the public hearing that closed this evening. The proposal minimizes encroachments, there will only be a slight encroachment with the steps. The septic system will be code compliant. The hardship is the “L” shaped lot and the fact that applicant has to meet two streetline setbacks. M. O’Herlihy stated that proposal is consistent with the neighborhood.

A Motion was made by D. Alexander, seconded by R. McCall to GRANT Application 06/07-38C – Bjorkman. There are some improvements such as the code compliant septic system, the encroachments are minimal and they are less than the existing property. The hardship is the “L” shape of the lot and fronting on two streets which makes it very difficult to construct anything. The CAM is approved as well. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, J. Castagno, C. Garbe, M. O’Herlihy Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Discussion with respect to the public hearing that closed this evening. D. Alexander stated that it was a nice idea to add the room but felt it should be reduced in size to minimize the encroachment. The wall should move over towards the bathroom window and the porch should not be as large. There should just be a door with columns and small roof (covered entryway). Discussion of how to rearrange the plans. It became confusing and the plans did not reflect the changes suggested. The Board suggested denying without prejudice and waiving the fee in order to get a new set of plans reflecting what was discussed this evening.

A Motion was made by R. McCall, seconded by C. Garbe to DENY w/out Prejudice Application 06/07-39 – Diaz. Advise the applicant to return with a revised plan showing the entire proposed addition to be moved back approximately 3' so it abuts the existing bathroom window. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, J. Castagno, C. Garbe, M. O’Herlihy Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Discussion with respect to the public hearing that closed this evening. The Board discussed that there were two letters of opposition submitted but there were several in favor. The addition will be over the existing portion of the house so there will be no further encroachment into the setbacks. This is a corner lot. The Health District addressed the septic system, they have approved it. The hardship is the corner lot and that it pre-dates zoning.

A Motion was made by C. Garbe, seconded by J. Castagno to GRANT Application 06/07-41 – DeDominicis. The hardship being the corner lot and the footprint will not be expanded. It is in harmony with the neighborhood and will improve the general appearance of the area. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, J. Castagno, C. Garbe, M. O’Herlihy Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Discussion with respect to the public hearing that closed this evening. Applicant wants limited authority to sell vehicles. The Board discussed limiting the sale to only two motor vehicles. Building is currently in the motor vehicle business. No large signs up to notify people of sale. Applicant will still have to go before Zoning for site plan approval.

A Motion was made by J. Castagno, seconded by M. O’Herlihy to GRANT w/condition Application 06/07-42 – Kelly. There will not be changes to the property as far as zoning compliance but there will be a stipulation that they can sell no more than two (2) vehicles at any one time. Discussion: D. Alexander would like to amend the motion to read as follows: may not have more than two vehicles that are for sale on display at any one time. The consensus of the Board was that the new wording made it clearer. The Motion was modified to read as follows: There will not be changes to the property as far as zoning compliance but there will be a stipulation that they may not have more than two vehicles that are for sale on display at any one time. M. O’Herlihy confirmed his second. There was no further discussion and a vote was taken: In favor: D. Alexander, R. McCall, J. Castagno, C. Garbe, M. O’Herlihy Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Adjournment: A Motion was made by R. McCall, seconded by D. Alexander to adjourn the April 18, 2007 Special Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Castagno, C. Garbe, M. O’Herlihy Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 8:50 p.m.

The next Regular Meeting of the ZBA will be on Wednesday, May 9, 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