Town of Old Saybrook, CT - Zoning Board of Appeals Minutes 05/09/2007

Zoning Board of Appeals Minutes 05/09/2007

MINUTES OF THE ZONING BOARD OF APPEALS

MAY 9, 2007

NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Town of Old Saybrook at its Regular Meeting that was held on Wednesday, May 9, 2007 at 7:30 p.m. at the Pasbeshauke 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, Adam Stillman, Julius Castagno, Chris Gosselin, Carl Garbe, alternate (seated for Application 06/07-43 only)

Present: Kim Barrows, Clerk

Absent: Allan Fogg, alternate, Michael O’Herlihy, alternate

The meeting was then called to order at 7:32 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:

C. Garbe was seated for A. Stillman to hear this Application only.

06/07-43 – 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 family room keeping the 4'x24' existing porch on property located at 128 Ingham Hill Road, Map No. 38, Lot No. 7.

Present: Mr. Thomas Quackenbush, agent for the applicant.

Mr. Quackenbush gave a brief presentation. He was before the Board last month and the Board denied the application without prejudice. Mr. Quackenbush was to revise the plans to make the addition a bit smaller and move it towards the bathroom window (in approximately 2 feet from the side/see plans submitted) without covering the window. The existing porch is an open rail porch and if removed it will change the look of the front of the house. The Chairman then opened the floor to comments from the audience either in favor or in opposition. There was no audience participation and no Board comments. The public hearing closed at 7:45 p.m.

06/07-44 – George A. Young seeks a variance of Par. 10.7.1 (nonconformity/ improvements/ enlargement), Par.10.7.2 (nonconformity/improvements/ change), Par.7.4.4 (setback/narrow street) and Par. 35.5.1 (Marine Commercial MC District/street line setback req. 40'/proposed 11.3') of the Zoning Regulations to permit alteration of existing upstairs deck into three season porch on property located at 21 Clark Street (a/k/a Ferry Place), Map No. 43, Lot No. 11.

A. Stillman was seated for the rest of the evening.

Present: Mr. George Young, applicant.

Mr. Young gave a brief presentation. It is impossible to make the 40' setback from the narrow road. The house was built in 1915 prior to the adoption of zoning. The road has been in existence since at least 1920. The deck needs to be replaced since it is rotting and leaking into the house. There was a previous variance granted in 1988 to permit the construction of the deck on the second floor. The proposal is to enclose the deck and make it a three season room with no heating. By doing this it should increase the value of the house. The lower deck will not be touched. The roofing of the three season room will be flush with second floor roof. The decking already encroaches into the setback and will not encroach any further than already exists. A letter was entered into the record in favor from Edward J. Root of 31 Clark Street dated April 30, 2007. A Stillman wanted to make sure that the three season room was not habitable space during the winter. The Chairman then opened the floor to comments from the audience either in favor or in opposition. There was no audience participation and no Board comments. The public hearing closed at 8:00 p.m.

06/07-45C – Mark L. Ricciardelli and Nancy W. Ricciardelli seek a variance of Par.10.8.2 (nonconformity/lots), Par.10.8.3 (nonconformity/lots), Par. 24.3.1A (minimum lot area as modified by 10.8.3), Par. 24.3.2 (minimum dimension of square), Par. 24.3.4 ( minimum width along bldg. line), Par. 24.5.1 (street line setback/Indianola Dr. -30'/proposed 11.69' +/- Town Beach Rd. - 37.5'/proposed 8.5' +/-), Par. 24.5.3 (setback/other property line 15 ft required/3' +/- proposed) and Par. 24.6.2 (maximum bldg./structure coverage) of the Zoning Regulations to permit removal of existing year-round dwelling and construct new year-round dwelling with attached garage on property located at 183 Plum Bank Road, Map No. 2, Lot No. 14.

Present: William A. Childress, Esquire, agent for the applicants and Mr. & Mrs. Ricciardelli, applicants.

Attorney Childress gave a brief presentation. The lot is approximately 6,716 s.f. and is bounded on three sides by public streets, of which two are narrow streets. The variances requested are related to the setbacks. The house is currently a year round dwelling and will remain a year-round dwelling. The current dwelling will be removed and be replaced with a 5 bedroom house and attached garage. The house can’t be placed anywhere else on the property due to the placement of the septic system. There will be a nominal reduction in the ground coverage, it will be reduced to 21.6% but still be over the 20% allowed. The setback on the north side will be increased to 3'. This is a substandard lot so the other variances requested are the standard variances to allow building, i.e. minimum dimension of square, minimum width, etc.). The hardship relates to the lot with the configuration and shape. There is no other land available. The hardship with respect to the setbacks is that there will be no building area if applicant conforms to the setback regulations. There was discussion as to having different standard for beach lots, as they do in Old Lyme, by increasing ground coverage to 25% for a 10,000 s.f. lot. The house will be elevated by 6" and be graded up in 2' contours. There also was a discussion regarding ceiling height, the 8' ceilings were raised to 8'4". D. Alexander asked about the labeling of the map, i.e. n vs ne, etc. J. Castagno stated that applicant was making it slightly less nonconforming. Mr. Ricciardelli stated that they would not have redone the house but there was a flash fire in the walls and they felt that by redoing the house they could construct it to comply with the new building codes, also the existing foundation could not sustain the weight of any additions to the existing house. The following letters were entered into the record in favor: Nicholas Pezzente of 175 Plum Bank Road dated May 7, 2007; Paul Parshley, 85 Town Beach Road dated May 7, 2007; Richard Epifanio of 43 Indianola Drive (letter not dated); an e-mail from Mrs. Dahman of 179 Plum Bank Road dated May 5, 2007; Jean Cronin, 190 Plum Bank Road dated May 7, 2007; e-mail from Lewis and Pam Perry of 4 West Shore Drive dated April 22, 2007; David and Judith Johnson of 171 Plum Bank Road dated April 23, 2007. The project is in keeping with the neighborhood, C. Gosselin stated that the code compliant septic and building codes is a plus. The Chairman then opened the floor to comments from the audience either in favor or in opposition. There was no audience participation and no Board comments. The public hearing closed at 8:14 p.m.

06/07-46 – Saybrook Country Barn seeks a variance of Par. 64.5.3 D (one sign to one wall/total area 20%) of the Zoning Regulations to permit additional signage on property located at 2 Main Street, Map No. 40, Lot No. 60.

Present: Mr. Keith Bolles from Saybrook Country Barn, applicant.

Mr. Bolles gave a brief presentation. He would like to place a sign on the new brick building as shown on the plan presented to the Board. The Board questioned the lettering on the top of the bay windows whether or not the lettering constitutes two additional signs. R. McCall stated that it was the Zoning Enforcement Officer’s opinion that it did constitute a total of three signs on the brick building. Mr. Bolles went over the history of how they purchased the surrounding buildings and then built two new buildings on the acquired properties. The buildings were then connected to make one large building. The original building has two signs already (one fronting Route 1 and the other facing Main Street) and is connected to the brick building requiring a variance of the sign regulations to permit another sign. The “yellow” building will be leased and that tenant will be responsible for applying for a separate sign, that sign will be permitted under the regulations. D. Alexander questioned the amount of signage. The Chairman then opened the floor to comments from the audience either in favor or in opposition. There was no audience participation and no Board comments. The public hearing closed at 8:20 p.m.

06/07-47 – William Delaney and Maud Delaney seek a variance of Par. 10.7.1 (nonconformity/ improvements/ enlargement), Par.10.8.2 (nonconformity/lots), Par.10.8.4 (nonconformity/lots/ enlargement) and Par. 24.5.3 (setback/other property line 15 ft required/11'9" on north side/ 14'10" south side proposed) of the Zoning Regulations to permit removal of portion of existing deck and rehabilitate remaining portion; add second floor over main portion of house; add bay windows and covered entry on street side on property located at 74 Neptune Drive, Map No. 8, Lot No. 53.

Present: Attorney William A. Childress, agent for the applicants; Mr. & Mrs. Delaney, applicants and Sabrina Faulka, Point One Architects

Attorney Childress gave a brief presentation. The lot is a large lot, approximately 19,000 s.f. but portions of the lot are taken up by wetlands, there is approximately 9,600 s.f. of upland area. There is an existing one story home on the lot and is almost entirely within the building envelope. The proposal is to remove part of the deck, add bay windows, a second floor and a front entry. There already existing minimal encroachments into the setbacks. The second floor will go straight up within the footprint. The hardship is that the house was built before zoning, there is no additional land available to make the lot wider. There will be no increase in the bedrooms, will remain three. The septic will be relocated and be conforming with the health code. The Chairman then opened the floor to comments from the audience either in favor or in opposition. There was no audience participation and no Board comments. The public hearing closed at 8:30 p.m.

REGULAR MEETING:

C. Garbe was seated for A. Stillman for this Application only.

Discussion with respect to the public hearing that closed this evening. The applicant’s agent, Mr. Quackenbush, did everything possible to move the addition as far over as possible without covering the bathroom window. The consensus of the Board was that a real effort had been made. The neighborhood is not crowded so the encroachment into the setback is not a problem in this area.

A Motion was made by J. Castagno, seconded by C. Garbe to GRANT Application No. 06/07-43- Diaz. To permit the construction of the family room keeping their 4' x 20' existing porch located at 128 Ingham Hill Road. The hardship is the position of the existing house on the property, they made every movement they could to minimize the encroachment. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Castagno, C. Garbe, C. Gosselin Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Discussion with respect to the public hearing that closed this evening. Applicant to enclose second floor deck since deck needs repair and is currently leaking into the house. House predates zoning. A. Stillman wants a condition that there will be no heating ever in this enclosure.

A Motion was made by A. Stillman, seconded by C. Gosselin to GRANT w/Condition Application No. 06/07-44- Young. For variances of Par. 10.7.1 (nonconformity/ improvements/ enlargement), Par.10.7.2 (nonconformity/improvements/ change), Par.7.4.4 (setback/narrow street) and Par. 35.5.1 (Marine Commercial MC District/street line setback) for property located at 21 Clark Street. The variance does not substantially affect the comprehensive zoning plan and that the appeal is not in conflict with purposes set forth in the Old Saybrook Zoning Regulations. The hardship is the age of the property and the age of the house that is there preexisting to zoning regulations and obviously he is not expanding on that. The condition is that the room to be enclosed can never be formally heated with any form of heating system. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Castagno, A. Stillman, C. Gosselin Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Discussion with respect to the public hearing that closed this evening. There was a flash fire in the wall prompting applicants to replace the structure in order to bring the house into code compliance. The variances listed are usual for replacing a house since lots are nonconforming. The house was year-round and will remain year-round. Discussion as to house being close to Dahman property, but will be in the same location as it currently is. Discussion as to changing angle of the house, but then it would interfere with the septic/leaching fields. Discussion that there was significant neighborhood approval.

A Motion was made by C. Gosselin, seconded by D. Alexander to GRANT Application No. 06/07-45C- Ricciardelli. Due to the size of the lot and how the house is currently configured , that will remain with the new structure. Also that this variance does not substantially affect the comprehensive zoning plan and strict adherence with the zoning ordinance would cause unusual hardship in this particular case unnecessary for carrying out the general purpose of our zoning plan and this appeal is not in conflict with the purposes set forth in the zoning regulations. The CAM is approved. There is a unique situation with the house having to front on three streets. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Castagno, A. Stillman, C. Gosselin Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Discussion with respect to the public hearing that closed this evening. R. McCall stated that the Zoning Enforcement Officer felt the request for the sign was actually a request for three (3) signs since the lettering on the two bay windows constitutes signage. D. Alexander felt there was too much signage since the sign on the side of the original structure will remain. R. McCall stated that the one sign could be enlarged to incorporate the wording the applicant wants over the windows, as long as applicant meets the size for the area. Discussion as to the structure being three separate buildings that are connected making it one large building thereby limiting the number of signs. J. Castagno did not want one large sign will all of the words on it. R. McCall wanted one sign.

A Motion was made by R. McCall, seconded by J. Castagno to GRANT Application No. 06/07-46- Saybrook Country Barn. To grant permission for the sign indicated over the entrance, simulated entrance, indicated in black on the plans for the Saybrook Country Barn but deny the use of the wording over the two bay windows. Discussion: D. Alexander stated that if this is granted, there will be three signs fronting on Route 1. C. Gosselin stated that the regulations are a guideline. No further discussion and a vote was taken: In favor: R. McCall, J. Castagno, A. Stillman, C. Gosselin Opposed: D. Alexander Abstaining: None The motion passed. 4-1-0

Discussion with respect to the public hearing that closed this evening. Applicant is removing the encroachment into the wetlands by chopping down the existing deck. The house is consistent with the scheme of the neighborhood. Minimal encroachments into the setback. The relocation of the septic improves the public health.

A Motion was made by A. Stillman, seconded by R. McCall to GRANT Application No. 06/07-47- Delaney. The variance does not substantially affect the comprehensive zoning plan and strict adherence with the zoning ordinance would cause unusual hardship unnecessary for carrying out the general purpose of our zoning plan and the appeal is not in conflict with the purposes set forth in the zoning regulations. The project is in scheme with the neighborhood. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Castagno, A. Stillman, C. Gosselin 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 April 11, 2007 Regular Meeting, by stating clearly that the Zagryn space above the garage for storage will never, ever be heated by any type of heating system on the market today or in the future.

No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Castagno, A. Stillman, C. Gosselin Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Minutes: A Motion was made by R. McCall, seconded by J. Castagno to approve the Minutes of the April 18, 2007 Special Meeting and the Minutes of the April 25, 2007 continued meeting. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Castagno, C. Garbe Opposed: None Abstaining: A. Stillman The motion passed. 4-0-1

Adjournment: A Motion was made by R. McCall, seconded by A. Stillman to adjourn the May 9, 2007 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Castagno, A. Stillman, C. Gosselin Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 9:31 p.m.

The next Regular Meeting of the ZBA will be on Wednesday, June 13, 2007 at 7:30 p.m. at the Pasbeshauke Pavilion, 155 College Street Extension.

Respectfully submitted,

Kim N. Barrows, Clerk

Old Saybrook Zoning Board of Appeals

Old Saybrook, Connecticut 06475