Town of Old Saybrook, CT - Zoning Board of Appeals Minutes 07/11/2007

Zoning Board of Appeals Minutes 07/11/2007

MINUTES OF THE ZONING BOARD OF APPEALS

JULY 11, 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, July 11, 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, Vice Chairman, Adam Stillman, Secretary, Julius Castagno, Chris Gosselin Present: Allan Fogg, alternate (seated for 07/08-02 only), Christina M. Costa, Zoning Enforcement Officer, Kim Barrows, Clerk

Absent: Carl Garbe, alternate, Michael O’Herlihy, alternate

The meeting was then called to order at 7:30 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:

07/08-01 – Robert J. Gagne, Jr. & Joanne M. Gagne seek a variance of Par. 24.4.2 (maximum height /35' required/35' 2" proposed) of the Zoning Regulations to allow house to remain at present height on property located at 11 Beach View-1, Map No. 18, Lot Nos. 109 & 110-1.

Present: Attorney Christina P. Burnham, agent for the applicant; Mr. Robert Gagne, applicant

Attorney Burnham gave a brief presentation. The applicant came before the Board a few months back and requested a variance of the height requirement, stating that the house was 16" too high, that variance was denied. It appeared that the house measurement was wrong. The house is surrounded on three sides by wetlands owned by the Town of Old Saybrook and are not suitable for development. Attorney Burnham outlined the history of the property and how applicant obtained a variance for the deck, he did not need a variance for the house itself. Further explanation as to 1^st floor flood elevation and the height required in order to be flood compliant. Discussion as to original elevation being 7'11" and the builder had elevation at 11' 8" and an additional increase in the ceiling height on the second floor. Further explanation about a “dip” in the yard and the applicant had the yard leveled. Eventually the ground compacted with the heavy machinery moving over the ground. Subsequently, the architect, John Manners, used his original calculation for existing grade (4' 11") and determined that the height was 1.6" over the 35'. The building inspector came out and took a measurement and determined that the house, as it stands right now, is exactly 35'. Attorney Burnham stated that the 1.6" does not affect public safety, health or welfare. There are no neighbors in the immediate proximity of the house. A. Stillman asked about the cost of lowering the roof approximately 2". Discussion of economic hardship in the cost of reconstructing the roof. A letter dated July 5, 2007 from William and Mary Clark of 29 Beach View who were in favor. The Chairman then opened the floor to comments from the audience either in favor or in opposition. There was no audience participation. The Zoning Enforcement Officer, Christina Costa, asked Mr. Gagne if fill was brought onto the property. Mr. Gagne stated that yes, fill was brought on but fill was also hauled off. The public hearing closed at 8:04 p.m.

07/08-02 – Harry J. Chamberlain & Mary Chamberlain seek a variance of Par. 24.5.2 (setback/rear property line/15' required/12.6' proposed) of the Zoning Regulations to permit existing structure to remain in present location, foundation and home not entirely in compliance with previously granted variance on property located at 2 Owaneco Trail (Indiantown), Map No. 19, Lot No. 330.

R. McCall recused himself for this application only and A. Fogg was seated in his place.

Present: Attorney Thomas Cloutier, agent for the applicants; Mr. and Mrs. Chamberlain

Attorney Cloutier went over the history of the property. Mr. & Mrs. Chamberlain were granted variances to construct a 26' x 52', 3 bedroom modular home on the property. Attorney Cloutier submitted to the Board an “Applicants’ Memorandum in Support of Variance Application” dated July 11, 2007 which is on file. Applicants reduced the size of the house and it is now 2 bedrooms. The one of the setbacks went from the 10.7' granted to 12.7'. Applicants hired Mr. Keller oversee the construction of the modular home. Mr. Keller in turn hired sub-contractors to put in the foundation. When the foundation was finished, there was an error made that no one caught and the modular home was built. The foundation is closer in the rear of the property. While the construction was taking place the applicants were living in Groton. They relied on Mr. Keller to make sure the construction was in accordance with the plans that were approved. The sub-contractor, Superior Walls, staked out the property and poured the foundation. Mr. Keller of Ricon Homes built the house. Mr. Keller’s company did not take any measurements and relied on his sub-contractor to complete the foundation in accordance with the plans. Attorney Cloutier explained that literal enforcement of the regulations is the hardship and that only the rear setback is impacted. He also cited two court cases, A. Stillman disagreed with Attorney Cloutier’s interpretation. There is only one homeowner in the rear and that is Mr. Marth. The following letters in opposition were entered into the record: James Marth, 4 Owaneco Trail dated July 10, 2007; Daniel Carstens, 11 Aquidneck Trail dated June 30, 2007 and Louise and Daniel Weisz, 7 Aquidneck Trail dated July 1, 2007. The Chairman then opened the floor to comments from the audience either in favor or in opposition. There was no audience participation and no further Board comments. The public hearing closed at 8:27 p.m.

Rex McCall was again seated.

07/08-03C – Mark Evans & Angel Evans seek a variance of Par. 7.4.10 (special setbacks from wetlands/50' required/46' proposed), Par.10.8.2 (nonconformity/lots), Par.10.8.4 (nonconformity/lots), Par. 24.3.1A (minimum lot area as modified by 10.8.3), Par. 24.3.2A (minimum dimension of square), Par. 24.3.3 (minimum frontage/50' required/40' proposed), Par. 24.3.4 ( minimum width along bldg. line) and Par. 24.5.3 (setback/other property line 15 ft required/8.71' on north/5.45' on south proposed) of the Zoning Regulations to permit removal of seasonal one-story dwelling and detached shed and construct new 2 story year-round dwelling on property located at 174 Nehantic Trail (Indiantown), Map No. 13, Lot No. 2.

Present: Attorney William A. Childress, agent for the applicants; Mr. & Mrs. Mark Evans

Attorney Childress gave a brief presentation. This is a one story dwelling that will be taken down and replaced with a two-story dwelling. The shed is to remain since there are no ground coverage issues. There is a 50' setback from the tidal wetlands and the deck will encroach 4' into the corner. The deck is approximately 7 or 8 feet in the air and will not impact the wetlands. Attorney Childress noted that on the site plan the data table reflects coverage of 13% which includes the shed remaining, it does not include the overhangs on the second floor or the decks. The correct coverage should be 17.3%. A revised plan showing the correct calculations will be filed. The size and the configuration of the lot is the hardship, there is no additional contiguous land available to make the lot larger or wider. The health district approved a new septic system, there will be a new code compliant dwelling and the coverage is under the percentage allowed. A question was asked by the Board about the electricals and where applicant intended to put them. The applicant stated that there will be an electric hot water heater placed in a closet on the first floor. A. Stillman asked about reducing the size of the house by a foot so that it did not encroach into the setback. Applicant stated the house was small as designed. A letter from Alan M. Moss of 176 Nehantic Trail dated July 9, 2007 was entered into the record. He did not have an objection to the granting of the variances but is concerned about drainage onto neighboring properties. The Chairman then opened the floor to comments from the audience either in favor or in opposition. Speaking in favor was Blythe Colby of 178 Nehantic Trail; Cheryl Scheinblum of Owaneco Trail. Mr. Ron Boulia of 24 Attawanhood Trail stated that the Association never received the certified letter and the Association usually makes comments. There was no further audience participation and no further Board comments. The public hearing closed at 8:54 p.m.

07/08-04 – John DeSimone seeks a variance of Par. 7.4.4 (narrow street), Par. 24.5.5A. (minor accessory building from longest street line of corner/40' required/14' proposed), Par. 24.5.5C (minor accessory building from other property line/10' required/30" proposed) and Par. 24.6.2 ( max bldg./structure coverage) of the Zoning Regulations to permit completed car port, 10' x 20' with no walls, to remain on property located at 26 Attawanhood Trail, Map No. 19, Lot No. 278.

Present: Mr. & Mrs. DeSimone, applicants

Mr. DeSimone gave a brief presentation. The applicants would like to keep their carport. They have moved it back from the road. The house is a year round house and the applicants had a structure covered with canvas previously and it would blow away. This structure is more secure and is in keeping with the house and neighborhood. Due to the shape and size of the lot, applicants could never put a garage on the property. The following letters were entered into the record in support: Mr. Ronald Boulia and Mr. Robert Rutchik of 24 Attawanhood Trail dated June 2, 2007; Rosemarie Simmone of 19 Obed Trail dated June 7, 2007; and Catherine Sarra and Bernie Blumenthal of 10 Obed Trail dated June 11, 2007 and Gary and Jean Meade of 16 Obed Trail, not dated. The Chairman then opened the floor to comments from the audience either in favor or in opposition. Speaking in favor: Mr. Robert Rutchik of 24 Attawnhood Trail; Mary Hogan of 15 Obed Trail. There was no further audience participation and no further Board comments. The public hearing closed at 9:05 p.m.

07/08-05 – Sara Ogborne 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 /15 ft required/12'5" proposed) of the Zoning Regulations to permit conversion of carport into garage and new construction of sunroom over existing concrete deck (room to be 168 sq. feet) on property located at 21 Farview Avenue, Map No. 20, Lot No. 164.

Present: Mr. And Mrs. Ogborne, applicants

Mr. Ogborne gave a brief presentation. They would like to convert the existing carport into a garage by putting up a wall and garage door and construct a sunroom in the rear. The sunroom will be constructed over an existing concrete slab and will not be heated. A. Stillman wanted the sunroom to be moved so that a variance was not required. Applicant explained that if moved, it would obstruct the one window in the kitchen. A. Stillman also wanted to make certain that the sunroom would never be heated. The hardship is that the house and lot predate zoning. The Chairman then opened the floor to comments from the audience either in favor or in opposition. There was no audience participation and no further Board comments. The public hearing closed at 9:15 p.m.

07/08-06 – Cypress Cemetery Association Inc. seeks a variance of Par. 7.4.10 (special setbacks from wetlands/50' required) and Par. 24.5.1 (street line setback /25' required/20' proposed) of the Zoning Regulations to permit construction of a 16' x 24' (384 s.f.) single story structure to house cemetery records and cemetery operations on property located at 100 College Street (Saybrook Point), Map No. 24, Lot No. 85.

Present: J. H. Torrance Downes, agent for the applicant and Mr. James Cahill, President of the Association.

Mr. Downes gave a brief presentation. The Association has expanded the cemetery by adding 300 new burial plots in the southeast corner. The Association needs to upgrade its ability to store burial records. There is no room at the Town Hall to keep the records and some are now stored in cardboard boxes. The Association would like to construct a 16' x 24' building in the southwest corner abutting Mulberry Road. The building will extend 5' into the wetlands setback. The reason for placing the building in this location is that only two mature trees will be removed and it will not be visible from the cove or river. The building will have electricity but no water or septic. The hardship is that there are very few places on the site to construct the building due to burial plots and visibility from the cove. The Association has obtained approval from CL&P, the Board of Selectmen, the Planning Commission and the Zoning Enforcement Officer. The Board asked if the building could be moved closer to Mulberry Street in order to eliminate the encroachment into the wetland setback. There was some discussion and the Association would look into it. The Chairman then opened the floor to comments from the audience either in favor or in opposition. There was no audience participation and no further Board comments. The public hearing closed at 9:27 p.m.

07/08-07 – Francis C. Henrick & Patricia A. Henrick seek a variance of Par. 7.4.4 (narrow street), Par. 10.7.1 (nonconformity/ improvements/ enlargement), Par. 24.5.1 (street line setback 25 ft required/21' 3" proposed) and Par. 24.6.2 ( max bldg./structure coverage-max. 20%/proposed 21%) of the Zoning Regulations to permit addition of new screened, unheated porch of approx. 126.6 s.f. to existing single family residence on property located at 43 Mohican Road (Cornfield Point), Map No. 1, Lot No. 43.

Present: Attorney Christina P. Burnham, agent for the applicant; Mr. & Mrs. Henrick, applicants

Attorney Burnham gave a brief presentation. The applicants are seeking three variances. The variances are minimal since the dwelling is already nonconforming. The proposed porch is 21.3 feet from the street, the street being a “narrow” street. A portion of the house that already exists is 19 feet from the street. The lot is 8,000 s.f. and the coverage will increase by only 1%. Applicants are under the total floor area coverage. The porch will not significantly add to the bulk of the house. The porch will not be heated but will be screened. There is not impact on public health or safety. The porch can’t be located in the rear due to the bilco door and the septic system. The neighbor on the northwest side of the property is close to the setback and placing the porch on that side would limit emergency vehicle access. The hardship is the lot created before zoning and there are limited places on the lot to place the porch. Problems with access of emergency vehicles on the side of the property. The porch is in keeping with the neighborhood. The applicant spoke to his neighbors and no one objected. D. Alexander asked if the shed could be removed to lower the ground coverage. Applicant stated that it is the only place for storage since basement is dirt and at times very wet. The Chairman then opened the floor to comments from the audience either in favor or in opposition. Speaking in favor: Howard Williams of 47 Mohican Trail. There was no further audience participation and no further Board comments. The public hearing closed at 9:40 p.m. Alma Anderson sent in a note that she was in favor.

REGULAR MEETING:

Discussion with respect to the public hearing that closed this evening. Lengthy discussion as to “natural grade” and how it would be measured prior to construction. The house as it stands now, as stated by applicant and his agent is, when measured by the Building Inspector, 35' from highest point to ground level. Discussion as to why granting a 1.5" variance of the 35' and it has to do with the original calculations made by the architect as to natural grade. (See details in file for further explanation)

A Motion was made by R. McCall, seconded by A. Stillman to GRANT Application No. 07/08-01- Gagne. Since the hardship is that to reconstruct the roof of this building which will create a dislocation and the house not being used for some period of time, at unnecessary expense, and the that the extra inch and a half has no effect at all on the zoning plan or the public health, safety or welfare. No 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. Rex McCall recused himself and Allan Fogg was seated in his place. D. Alexander asked about granting a variance on a variance already granted or will it be termed modifying the original variance granted in order to expand the setback. The Board agreed they may lack the authority to rule on this and will seek counsel’s opinion on how to proceed.

A Motion was made by A. Fogg, seconded by C. Gosselin to DEFER the Decision on Application No. 07/08-02- Chamberlain to the August 8, 2007 regular meeting in order to seek an opinion from legal counsel on how to proceed. No discussion and a vote was taken: In favor: D. Alexander, A. Fogg, J. Castagno, A. Stillman, C. Gosselin Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Rex McCall is seated for the remainder of the public hearings.

Discussion with respect to the public hearing that closed this evening. Discussion that the shed was to remain. It was inadvertently mentioned in the legal notice as “to be removed”. The proposal is to remove the existing dwelling and replace it with a new building code and flood plain compliant dwelling. There is a slight lessening of the encroachment on the north side and a slight encroachment on the wetlands. There was discussion as to water runoff and requested that there be no further aggravation of water runoff.

A Motion was made by D. Alexander, seconded by J. Castagno to GRANT Application No. 07/08-3C- Evans. 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 Old Saybrook zoning regulations. It also minimally cuts back the encroachment on the northern setback. The CAM is approved since no potential adverse impacts are identified. Discussion: R. McCall has concerns about the water runoff. No further 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 substantial neighborhood turn out in favor of the granting of this particular variance. The consensus of the Board was to grant. There was no adverse impact on the closest neighbor and the site line to the street was improved by moving the structure closer to the house.

A Motion was made by A. Stillman, seconded by D. Alexander to GRANT Application No. 07/08-4- DeSimone. 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 Old Saybrook zoning regulations. Discussion: R. McCall it is an improvement over what was there although health issues are not a hardship. J. Castagno stated it could be safety. No further 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. A. Stillmans stated that the sunroom not be heated and it was explained that the sunroom could not be moved toward the west so that it did not encroach on the sideline setback due to the possible blocking of the kitchen window (which is the only window in the kitchen). The carport exists already and they would just be enclosing it to make a garage.

A Motion was made by A. Stillman, seconded by C. Gosselin to GRANT w/Condition Application No. 07/08-5- Ogborne. The condition that the sunroom will not be formally heated ever. The hardship is it is a pre-existing nonconforming lot and position of the house does not allow addition to be placed elsewhere. The 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 Old Saybrook zoning regulations. Discussion: R. McCall it is an improvement over what was there although health issues are not a hardship. J. Castagno stated it could be safety. No further 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. Discussion about moving the building so that it did not encroach into the wetland setback. A. Stillman wanted to defer decision until next month to see if permission was granted to move the building closer to Mulberry Street, which is a paper road.

A Motion was made by R. McCall, seconded by J. Castagno to GRANT w/condition Application No. 07/08-6- Cypress Cemetery. The condition that the building be moved as close as possible to the fence at the end of Mulberry Street thereby minimizing any potential encroachment into the 50' wetland setback. The hardship is the unique situation of a cemetery within the Town to store records. 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. The Board felt the house would be consistent with the others in the neighborhood. A. Stillman stated that he would ask that a condition be imposed so that the porch could never be heated.

A Motion was made by J. Castagno, seconded by C. Gosselin to GRANT w/condition Application No. 07/08-7- Henrick. To permit the addition of a new screened, unheated porch of approximately 126.6 s.f. to the existing single family residence on property located at 43 Mohican Road (Cornfield Point). The hardship is the position of the house on the lot which precludes the location of the porch on any other area. 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

New Business: A letter dated July 11, 2007 from Corey Fox regarding Application 05/06-44 - variance for 75 Middletown Avenue (Saybrook Manor) requesting an extension of one year.

A Motion was made by R. McCall, seconded by A. Stillman to GRANT a ONE YEAR extension from July 12, 2007 to July 12, 2008 in order to obtain a building permit for Corey Fox, Application No. 05/06-44, 75 Middletown Avenue, Map No. 19, Lot No. 187. 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 May 9, 2007 Regular Meeting. 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

Adjournment: A Motion was made by R. McCall, seconded by D. Alexander to adjourn the July 11, 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 10:25 p.m.

The next Regular Meeting of the ZBA will be on Wednesday, August 8, 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