MINUTES OF THE ZONING BOARD OF APPEALS
NOVEMBER 14, 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, November 14, 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, Chris Gosselin, Adam Stillman, Secretary, Allan Fogg, alternate (seated for Appeal No. 07/08-15 only)
Present: Carl Garbe, alternate (seated for Appeal No. 07/08-14C only), Kim Barrows, Clerk
Absent: Julius Castagno, 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:
07/08-14 C – Richard R. Hanratty, Jr. and Kathryn V. Hanratty seek 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/2' proposed) of the Zoning Regulations to permit demolition of existing detached garage, moving of the garage foundation to improve the sideyard setback
and construction of a new garage on property located at 13 Cromwell Place, Map No. 24, Lot No. 29.
Seated for this appeal only is Carl Garbe.
Present: Mr. Richard Hanratty, applicant
Mr. Hanratty gave a presentation noting that in May of 2006 he obtained a variance to put a second story on his existing home and demolish and rebuild the garage on the property. The reason he is before the Board this evening is because there was a change in the garage plan. The new proposal is to add a four foot knee wall, creating storage space above the garage. The garage structure will be moved in slightly from the property line but cannot be moved further due to the septic in the rear. Moving it in slightly is improving an existing nonconformity. Discussion as to useable storage space and hardship and would applicant be ok with a condition placed on the space that no heat or air conditioning be installed. Mr. Hanratty stated that would be fine. The total height of the structure would be 22'7", which is not excessive. Mr. Hanratty discussed other homes in the area with similar improvements. Project seems to be in keeping with the neighborhood in size and scope and the
architectural features of the garage will be the same as the house. The following letter was entered into the record: Thomas Crow and Catherine Phillips of 23 Cromwell Place dated November 11, 2007 expressing concern about the construction of the garage and feel it will disturb the “whole ecology of North Cove.” The Board asked about the hardship. The hardship is the lot, it is unlike other lots in the zone, it is very narrow but deep. The project is in keeping with the ground coverage allowed. The following letters in favor of the project were entered into the record: Karyn L. Hester of 14 Cromwell Place dated November 13, 2007; Dana W. Dunne, MD and Michael W. Dunne, MD, no address, dated November 13, 2007; John W. Soper and Martha D. Soper of 48 Cromwell Place dated November 13, 2007. Ken and PJ Gibble of 31 Cromwell Place dated November 14, 2007. A. Stillman asked the question about the shed on the property if it is to
remain. And yes for storage of lawn equipment. C. Gosselin wanted the shed move, so that it complied with the setbacks. The Chairman then opened the floor to comments from the audience either in favor or in opposition. Robin and David Johnson of 19 Cromwell Drive spoke in opposition. They are the abutters that are directly impacted by the increase in height of the building. They have lived in their house for 18 ½ years and asked several questions. They wanted to know the hardship since “storage” is not considered a hardship for granting a variance. The Johnson’s stated that they are devastated by this. A large tree branch came down along with several screening bushes and they feel that this structure will be an eyesore. Mr. Johnson showed pictures of the yard as it exists now since the tree was ultimately removed due to its condition. Discussion ensued re curb appeal, height, fencing and
planting of additional trees. There was no further audience participation and no further Board comments. The public hearing closed at 8:50 p.m.
07/08-15 – J. H. Torrance Downes seeks a variance of Par. 7.4.4 (narrow street) and Par. 24.5.1 (street line setback /30' required/18' proposed) of the Zoning Regulations to permit a 65 sq. ft. addition at the rear of the existing single family residence on property located at 106 College Street, Map No. 24, Lot No. 60.
Seated for this appeal is Allan Fogg.
Present: J. H. Torrance Downes, applicant.
Mr. Downes gave a brief presentation. He would like to add the “bump out” of 65 square feet in the existing kitchen area for space for a table. The house was built in 1880 in its current location. The kitchen is approximately 17 feet form the street property line. Due to the streetline setbacks and the narrow street setback it makes it impossible to add on to the house. The addition will have a shed roof and be only one story high, in keeping with the character of the house. The hardship is the narrow with of the lot, 2 streetline setbacks since a corner lot and narrow street. A letter in support was received: Jeannie Abrahamson and Susan Duquette of 102 College Street dated November 5, 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 9:00 p.m.
REGULAR MEETING:
07/08-14 C – Richard R. Hanratty, Jr. and Kathryn V. Hanratty seek 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/2' proposed) of the Zoning Regulations to permit demolition of existing detached garage, moving of the garage foundation to improve the sideyard setback
and construction of a new garage on property located at 13 Cromwell Place, Map No. 24, Lot No. 29.
Seated for this Appeal is Carl Garbe
The Board discussed the issues raised at the public hearing which closed this evening. R. McCall felt that the new garage would be an improvement of what is there and will conform to the design of the new house. R. McCall stated that the neighbors complained that the house was too big for the small lot, although the house and garage meet the zoning regulations for coverage and height. D. Alexander disagrees she does not feel that any hardship has been shown to justify the height increase for the garage. A. Stillman stated that there is no grand distinction between an 18' or 22' structure. He also doesn’t see a hardship for the height. He stated that the loss of the maple and other coverage, this imposes an eyesore and if granted he would like to see a condition imposed that a large tree be planted. C. Gosselin didn’t think he would vote for the height increase, he also felt there could be a give and take, i.e. get rid of the shed. The Board members looked again at the photos
placed into the record and the field card.
A Motion was made by A. Stillman, seconded by R. McCall to GRANT/with condition Application No. 07/08-14C - Hanratty. The conditions are as follows: No heating or cooling in the storage space or garage whatsoever of any type at all, second condition is that applicant replaces in the northwest corner of the property plant some sort of tree that is at least 10 feet in height which will have the potential to grow higher in such a way to break the view. 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:
as to what kind of tree. No further discussion and a vote was taken: In favor: R. McCall, A. Stillman Opposed: D. Alexander, C. Gosselin, C. Garbe Abstaining: None The motion failed to pass. 2-3-0 It is DENIED
07/08-15 – J. H. Torrance Downes seeks a variance of Par. 7.4.4 (narrow street) and Par. 24.5.1 (street line setback /30' required/18' proposed) of the Zoning Regulations to permit a 65 sq. ft. addition at the rear of the existing single family residence on property located at 106 College Street, Map No. 24, Lot No. 60.
Seated for this Appeal is Allan Fogg.
Discussion with respect to the public hearing that closed this evening. Applicant would like to add a “bump out” in the kitchen area. The dwelling is on a corner lot which requires a larger setback which is unique. There is also a narrow street setback which requires a larger setback. R. McCall felt the hardship has been shown. A. Fogg and D. Alexander agree. This is not a large encroachment.
A Motion was made by A. Fogg, seconded by D. Alexander to GRANT Application No. 07/08-15- Downes. Sufficient hardship has been shown. Due to the corner lot, the narrow street designation of Fenwick Street and the additional setback that is required the 6.5' x 10' bump out is a minimal enlargement on the structure and is in keeping with the neighborhood. Ms. Abrahamson and Ms. Duquette submitted a letter in favor. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, A. Stillman, A. Fogg Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
New Business: The Board reviewed the list of meeting dates for the year 2007. The ZBA meets the second Wednesday of every month at the Pasbeshauke Pavilion unless otherwise advertised.
A Motion was made by D. Alexander, seconded by R. McCall to APPROVE the meeting dates for the year 2008. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, A. Stillman, C. Gosselin, A. Fogg 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 October 10, 2007 Regular Meeting. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, A. Stillman, A. Fogg Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Adjournment: A Motion was made by R. McCall, seconded by C. Gosselin to adjourn the November 14, 2007 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, A. Stillman, A. Fogg Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 9:20 p.m.
The next Regular Meeting of the ZBA will be on Wednesday, December 12, 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
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