Town of Old Saybrook, CT - Zoning Board of Appeals Minutes 10/10/2007

Zoning Board of Appeals Minutes 10/10/2007

MINUTES OF THE ZONING BOARD OF APPEALS

OCTOBER 10, 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, October 10, 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, Julius Castagno, Chris Gosselin, Adam Stillman, Secretary

Present: Carl Garbe, alternate, Christina Costa, Zoning Enforcement Officer, Kim Barrows, Clerk

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

The meeting was then called to order at 7:28 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:

07/08-12C – Patricia and Mike Newborg seek a variance of Par. 7.4.10 (special setbacks from wetlands), Par. 10.7.1 (nonconformity/ improvements/ enlargement), Par.10.7.2 (nonconformity/ improvements/ change)of the Zoning Regulations to permit demolition of existing deck and construction of new deck and three season sunroom without heat on property located at 7 Muffin Place, Map No. 20, Lot No. 113.

Present: Mr. Newborg, applicant; Mr. Todd Brewer of East Hartford, agent for the applicant

Mr. Brewer gave a brief presentation. The applicant would like to construct a 12' x 13' sunroom. There is an existing 12' x 13' deck and the contractor is removing the existing deck and reconstructing the same sized deck, only with more structural support to hold the sunroom. Prints of the project were shown by Mr. Brewer. It was stated that the hardship is that the lot is preexisting and nonconforming. The home was originally built in the 1970's and the wetland setback went into effect also in the 70's . The sunroom’s roof will be 10' in height and pitched to 8'. The room will not be heated. The project is consistent with the neighborhood. The sunroom will also not be seen from the road and will not obstruct any views. A. Stillman asked the applicant if it would ok if a condition was placed on the variance stating that there would be no heat or air conditioning. Applicant said that was ok. 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 7:40 p.m.

07/08-13 (a) – Appeal by William Ziegler of the Zoning Enforcement Officers cease and desist order dated August 17, 2007 for violation of Par. 3.1, Par. 11.1 (installation of a prohibited billboard sign) and Par. 64.4.1 (construction of signs not permitted in a residential district) of the Zoning Regulations on property located at the corner of Vincent Avenue and Elliot Avenue, Map No. 13, Lot No. 142.

Present: Mr. & Mrs. William Ziegler, applicants

Mr. Ziegler gave a brief presentation and passed out copies of a police report stating what had happened on the property. There were trees cut down on Mr. Ziegler’s property and since no one witnessed the event, the police were unable to find the person(s) involved. Mr. Ziegler then decided to take matters into his own hands and erect a sign offering a reward to anyone with information. The sign erected was not of a size allowed in a residential district. Someone complained in August and the Zoning Enforcement Officer issued a cease and desist order. Mr. Ziegler stated on the record that he knew this sign was in violation of the Zoning Regulations but wanted to get out his message and asked the Board if he could keep it up a little longer. The Board discussed the size of a sign allowed in a residential district which would be 2 square feet and not large enough to hold Mr. Ziegler’s message. Mr. Eric Knapp, attorney for Christina Costa the Zoning Enforcement Officer stated that Mr. Ziegler did know he was in violation. Mr. Knapp also stated that the applicant had an “alternative channel for communication” (getting his message out). Which was newspaper and television coverage he received and still no one came forward. The Chairman then opened the floor to comments from the audience either in favor or in opposition. Speaking in favor was Mary Cormier who lives across the street, she stated that it makes no difference. In opposition was Joan Malinowski, who also lives across the street and she stated that it was probably kids and she doesn’t want the sign to remain. There was no further audience participation and no further Board comments. The public hearing closed at 7:58 p.m.

REGULAR MEETING:

07/08-12C – Patricia and Mike Newborg seek a variance of Par. 7.4.10 (special setbacks from wetlands), Par. 10.7.1 (nonconformity/ improvements/ enlargement), Par.10.7.2 (nonconformity/ improvements/ change) of the Zoning Regulations to permit demolition of existing deck and construction of new deck and three season sunroom without heat on property located at 7 Muffin Place, Map No. 20, Lot No. 113.

Discussion with respect to the public hearing that closed this evening. A. Stillman stated he had no problem granting the variance with the stipulation that it never be heated. He states that the addition does not block any views and it is consistent with the neighborhood. R. McCall asked what is the hardship to grant this variance? D. Alexander stated that it pre-dates zoning and there is no expansion of the existing footprint. R. McCall felt this addition was not a threat to the wetlands. The whole house is in the 50' wetlands setback. The house was built in the 1970's and it was discussed that the wetlands setback was incorporated into the regulations sometime in the 1970's as well. The project does not threaten the intent of the zoning regulations as a whole.

A Motion was made by A. Stillman, seconded by D. Alexander to GRANT/with condition Application No. 07/08-12C - Newborg for a three season sunroom at 7 Muffin Place, also with the condition that the room be built without ever having a heating or air conditioning system. The property is in harmony with the existing neighborhood and will not harm the public health, safety or integrity of the neighborhood. The CAM is also approved, there is no adverse impact to the wetlands. No discussion and a vote was taken: In favor: R. McCall, J. Castagno, D. Alexander, C. Gosselin, A. Stillman 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 Mr. Ziegler stated for the record that the sign is in violation of the Zoning Regulations. Mr. Ziegler is asking the Board for additional time to keep the sign up. Discussion as to the fact that the matter has been fully publicized, i.e. front page of the New London Day and Channel 8 news coverage. The Board agreed that this matter has been greatly publicized. R. McCall stated that he did not know how the Board could allow a “clear cut” violation of the Zoning Regulations to continue. D. Alexander agrees.

A Motion was made by R. McCall, seconded by C. Gosselin to UPHOLD the Zoning Enforcement Officer’s Cease and Desist Order on the property in question. There is a zoning violation regarding the sign. No discussion and a vote was taken: In favor: R. McCall, J. Castagno, D. Alexander, C. Gosselin, A. Stillman Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

New Business: Letter dated September 19, 2007 from Corey Fox requesting a one year extension of time for replacement of shed on property located at 75 Middletown Avenue, Map 19, Lot 187. Variance granted September 13, 2006.

A Motion was made by R. McCall, seconded by A. Stillman to GRANT a ONE YEAR extension from September 26, 2007 to September 26, 2008 in order to obtain a building permit for Corey Fox, Application No. 06/07-09 (a) and (b), 75 Middletown Avenue, Map No. 19, Lot No. 187. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Castagno, C. Gosselin, A. Stillman Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Correspondence and Announcements: A memorandum dated September 27, 2007 from J. H. Torrance Downes, 106 College Street, Map 24, Lot 60 requesting that the Zoning Board of Appeals waive the requirement that an A-2 survey accompany a variance application that the applicant might submit to the Board at a future date. In Mr. Downes memorandum he states that the proposed 65 square foot addition he is planning to construct is located on the Fenwick Street side of the property to the rear of the structure which is in a location that is not adjacent to the abutting neighbors to the east. The Board discussed at length the reasons why they would accept an application without an A-2 Survey. The Board came to the consensus that it would look at similar requests on a case by case basis and the Board would put together “standards” by which the Board would allow the waiver or not of an A-2 survey.

A Motion was made by R. McCall, seconded by C. Gosselin to GRANT a waiver of the A-2 survey requirement for J. H. Torrance Downes, 106 College Street, Map 24, Lot 60. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Castagno, C. Gosselin, A. Stillman 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 August 8, 2007 Regular Meeting. Discussion: R. McCall wanted the minutes approved by correcting the spelling of “Attawanhood” Trail as spelled under New Business: Extension of six months for Scott Desmond. No further discussion and a vote was taken with the correction: In favor: R. McCall, D. Alexander, J. Castagno, C. Gosselin, A. Stillman Opposed: None Abstaining: None The motion passed unanimously. 5-0-0

Adjournment: A Motion was made by A. Stillman, seconded by R. McCall to adjourn the October 10, 2007 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Castagno, C. Gosselin, A. Stillman Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 8:20 p.m.

The next Regular Meeting of the ZBA will be on Wednesday, November 14, 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