MINUTES OF THE ZONING BOARD OF APPEALS
DECEMBER 12, 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, December 12, 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, Joan Strickland, Wendy Farah, alternate
Present: Kim Barrows, Clerk
Absent: Julius Castagno, Allan Fogg, alternate, Brian Dooley, alternate
The meeting was then called to order at 7:36 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:
07/08-16 C – Patricia and Mike Newborg seek a variance of Par. 7.4.10 (special setbacks from wetlands), Par. 10.7.1 (nonconformity/ improvements/ enlargement) and Par.10.7.2 (nonconformity/ improvements/ change)of the Zoning Regulations to permit construction of 3/4 shed dormer to expand existing bathrooms 2 feet and frame gable roof over front door on property located at 7 Muffin Place, Map No. 20, Lot No. 113.
Present: Mr. Newborg, applicant; Mr. Linkowitz, contractor
Mr. Linkowitz gave a brief presentation. The applicant was before the Board last month and received a variance for a sunroom. The house is a Dutch colonial and there would be an expansion of 2' in the bathroom by adding a shed dormer. There will be no change in lot coverage and no further encroachment into the setbacks. The existing roof will “bump” out 2 feet and the 3/4 shed dormer on the front of the house will be self supported. 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 7:45 p.m.
07/08-17 – Richard W. North seeks a variance of Par. 7.4.10 (special setbacks from wetlands), Par. 10.7.1 (nonconformity/ improvements/ enlargement) and Par.10.7.2 (nonconformity/ improvements/ change)of the Zoning Regulations to permit increase in the interior space by creating a second floor over a renovated first floor and a minor increase in building coverage due to inclusion of existing deck and patio in the ground coverage on property located at 102 Knollwood Drive, Map No. 8, Lot No. 48.
Present: Alexander Tighe, Esquire, agent for the applicant; Mr. Richard North, applicant; Mr. Rick Staub, Point One Architects.
Attorney Tighe gave a brief presentation. There was a previous granted on the property to renovate the house but the applicant has changed the plans. The new proposal is that the footprint will not be changing, the dwelling will be going up a story. The cupola originally granted will not be incorporated into this plan. The lot is nonconforming, it is 19,270 s. f. and a portion of the property is in the wetlands setback. Chairman McCall compared the figures and the dwelling within permitted side setbacks, the footprint will be the same and the existing dwelling is in the 50' wetlands setback.
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 following two letters in support were entered into the record: Ken and Ann Burgess of 92 Knollwood Drive dated December 5, 2007 and Amy Vertefeuille of 104 Knollwood Drive (letter not dated). The public hearing was then closed at 8:00 p.m.
07/08-18 – Carl and Sandra Roberts seek a variance of Par. 7.4.4 (narrow setback), Par. 10.7.1 (nonconformity/ improvements/ enlargement), Par.10.7.2 (nonconformity/ improvements/ change) and Par. 22.5.1 (setback from streetline req. 35'/proposed 8'6") of the Zoning Regulations to permit an addition to inside of existing “L” on front of house for second bath with handicap provisions and additional reconfiguration of the front so as to be harmonious to neighborhood on property located at 121 a/k/a 129 Springbrook Road, Map No. 58, Lot No. 22.
Present: Mr. and Mrs. Roberts, applicants; Mr. Salustro, contractor
Mrs. Roberts gave a brief presentation. The proposal is to extend 70 s.f. off of the existing porch and add a second bathroom with handicap access. The streetline setback has changed due to the position of the road. The lot is 2.2 acres so there is not an issue with ground coverage. There was discussion as to what the applicant was going to do to the front of the house. The house the way it is situated is close to Springbrook Road. Two-thirds of the existing house already encroaches into the setback. This would be a one story addition and the builder would realign the roof so that the ridges line up. The ridges will not be any higher than they exist currently. 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 8:10 p.m.
07/08-19C – James and Brenda O’Connor seek a variance of Par. 10.7.1 (nonconformity/ improvements/ enlargement), Par.10.7.2 (nonconformity/ improvements/ change), Par. 24.5.3 (setback/other property line /15 ft required/5' proposed) and Par. 24.6.1 (gross floor area/40% allowed) of the Zoning Regulations to raise the walls, remove and replace roof to accommodate proposed 8' high walls and add windows. There would also be an 8' x 10' inverted deck to pass furniture upstairs on property located at 145 Plum Bank Road, Map No. 2, Lot No. 29.
Present: Mr. and Mrs. James O’Connor, applicants.
Mrs. O’Connor gave a brief presentation. The existing house is a seasonal ranch on a very small lot (.1 acre). The proposal is to raise the roof to provide more storage and be able to stand in the center of the attic. The existing attic is only 5' high at the peak. Mrs. O’Connor presented the Board with pictures of surrounding homes with similar additions. The house as it currently exists has 4 bedrooms, the attic would be used strictly for storage. Currently the neighbor stores patio furniture for the applicants in his garage. There would be no heat in the attic only insulation in the attic floor. The proposal is to go up over the existing first floor, ground coverage would not change but the floor area would exceed the 40% limit. The hardship is the size of the lot,
dwelling unique since it is the only ranch in the area without a second floor or basement. The project would be in harmony with the area and there is no intent to make additional living space in the attic. The Board questioned the floor area coverage and the possibility that someone else who purchases the property could renovate the attic and make it living space. 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 8:25 p.m.
07/08-20 – Carter S. Gowrie, III and Deborah K. Gowrie seek a variance of Par. 2.1.4 (jurisdiction to make nonconforming setback more conforming), Par. 10.1 (nonconformity/intent) and Par. 23.5.1 (street line setback /35' required/24.8' proposed) of the Zoning Regulations to permit a 379 s.f. one story “open porch” along the southern side of house connected to existing structure on property located at 64 Cromwell Place, Map No. 32, Lot No. 18.
Present: Mr. Carter Gowrie, applicant; Ms. Denise VonDassel of KV Designs, architect.
Ms. VonDassel gave a brief presentation. The dwelling is the Samuel Hart Jr. House built in 1813. The Historic District Commission gave unanimous approval to the project. The applicant would like to open up the porch area and have it be 8 feet deep along one side. The hardship is that the home was built before the zoning regulations were enacted. The porch is in keeping with the historic nature of the dwelling and the surrounding neighborhood. The porch will overlook the large expanse of sideyard and will not hinder any views. The Chairman then opened the floor to comments from the audience either in favor or in opposition. Mr. William Childress of 192 North Cove Road spoke in favor of the proposal. There was no further audience participation and no further Board comments. There was one
letter in support of the proposal from John and Pamela Deware of 60 Cromwell Place dated December 4, 2007. The public hearing closed at 8:35 p.m.
07/08-21C– Nicholas Inferrara seeks a variance of Par. 10.7.1 (nonconformity/ enlargements), Par.10.8.2 (nonconformity/lots), Par.10.8.4 (nonconformity/lots), Par. 24.5.1 (street line setback 30 ft required as modified by Par. 7.4.4 narrow street setback/proposed 11.09'), Par. 24.5.3 (setback/other property line/ 15' required/10.5' proposed) and Par. 24.6.2 (max bldg./structure coverage/20% allowed/21.39% proposed) of the Zoning Regulations to permit addition of partial second story to existing one story dwelling including two balconies to the rear, add porch to front and the existing shed will remain on property located at 16 Uncas Road, Map No. 1, Lot No. 120.
Present: William A. Childress, Esquire, agent for the applicant; Mr. Inferrara, applicant.
Attorney Childress gave a brief presentation. There was some discussion as to whether or not the property was all one lot. Attorney Childress went over the history and a letter that Ms. Costa, the Zoning Enforcement Officer had written in support of the theory. This lot is 6,000 +/- s.f. and there is a one story dwelling on it. This is the only one story dwelling in the neighborhood. The proposal is to add a porch to the front on the street side and a partial second story of the existing footprint with two overhanging balconies in the rear, each approximately 30 s.f. each. Attorney Childress went over the plans. There will be two bedrooms. The hardships are the front and sideyard setbacks and the narrow street setback. The house as it exists is nonconforming since it was built prior to
the regulations. The house cannot be expanded to the rear due to the placement of the septic system. The ground coverage is slightly over the required 20%. The Board discussed bringing the ground coverage into conformity by either eliminating the shed that exists or removing the two balconies. The Chairman then opened the floor to comments from the audience either in favor or in opposition. Ms. Maureen Rogers of 11 Uncas Road asked if there were professional drawings for the project, and yes there are. Attorney Childress asked Mr. Inferrara what he would remove and he said he would remove the shed. There was no further audience participation and no further Board comments. The public hearing closed at 8:57 p.m.
REGULAR MEETING:
07/08-16 C – Patricia and Mike Newborg seek a variance of Par. 7.4.10 (special setbacks from wetlands), Par. 10.7.1 (nonconformity/ improvements/ enlargement) and Par.10.7.2 (nonconformity/ improvements/ change) of the Zoning Regulations to permit construction of 3/4 shed dormer to expand existing bathrooms 2 feet and frame gable roof over front door on property located at 7 Muffin Place, Map No. 20, Lot No. 113.
Discussion with respect to the public hearing that closed this evening. The proposal is for a 3/4 shed dormer over the existing dwelling to increase the size slightly and to put a gable, self supported, roof over the front door. The Board felt that this was a minor expansion to an existing nonconformity.
A Motion was made by R. McCall, seconded by D. Alexander to GRANT Application No. 07/08-16 C- Newborg. It is an improvement to the property and it makes it much more attractive and increases the value of the home. It precludes the existing limitations on the construction of the home and also add the approval of the Coastal Management Act as it is in conformity with those restrictions. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, J. Strickland, W. Farah Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
07/08-17 C– Richard W. North seeks a variance of Par. 7.4.10 (special setbacks from wetlands), Par. 10.7.1 (nonconformity/ improvements/ enlargement) and Par.10.7.2 (nonconformity/ improvements/ change) of the Zoning Regulations to permit increase in the interior space by creating a second floor over a renovated first floor and a minor increase in building coverage due to inclusion of existing deck and patio in the ground coverage on property located at 102 Knollwood Drive, Map No. 8, Lot No. 48.
Discussion with respect to the public hearing that closed this evening. The lot is an irregular shape and the proposal is to go straight up over the existing first floor. There is no expansion of the footprint. The variances requested are straight forward and the house already exists within the 50 foot wetlands setback. The hardship is the irregular shape of the lot and the house needs serious updating since it was built in 1950.
A Motion was made by D. Alexander, seconded by C. Gosselin to GRANT Application No. 07/08-17 C- North to enlarge the house by adding a second floor over the existing footprint. It is appropriate to the area, it is an irregularly shaped lot located right on the marsh and any addition would require an approval and also add the approval of the Coastal Management Act as it is in conformity with those restrictions. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, J. Strickland, W. Farah Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
07/08-18 – Carl and Sandra Roberts seek a variance of Par. 7.4.4 (narrow setback), Par. 10.7.1 (nonconformity/ improvements/ enlargement), Par.10.7.2 (nonconformity/ improvements/ change) and Par. 22.5.1 (setback from streetline req. 35'/proposed 8'6") of the Zoning Regulations to permit an addition to inside of existing “L” on front of house for second bath with handicap provisions and additional reconfiguration of the front so as to be harmonious to neighborhood on property located at 121 a/k/a 129 Springbrook Road, Map No. 58, Lot No. 22.
Discussion with respect to the public hearing that closed this evening. Applicants would like to add space to the bathroom for handicap accessibility. The house already exists within the setbacks. C. Gosselin felt this was a very conservative addition. The property predates current regulations. Even though the lot is large the septic is in the rear and the narrow street setback exists.
A Motion was made by C. Gosselin, seconded by R. McCall to GRANT Application No. 07/08-18 - Roberts. This addition is in harmony with the neighborhood, the square footage is minimal and would have very low impact at being close to the front property line. 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. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, J. Strickland, W. Farah Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
07/08-19C – James and Brenda O’Connor seek a variance of Par. 10.7.1 (nonconformity/ improvements/ enlargement), Par.10.7.2 (nonconformity/ improvements/ change), Par. 24.5.3 (setback/other property line /15 ft required/5' proposed) and Par. 24.6.1 (gross floor area/40% allowed) of the Zoning Regulations to raise the walls, remove and replace roof to accommodate proposed 8' high walls and add windows. There would also be an 8' x 10' inverted deck to pass furniture upstairs on property located at 145 Plum Bank Road, Map No. 2, Lot No. 29.
Discussion with respect to the public hearing that closed this evening. This is a seasonal home and applicants would like to add a second floor for storage space only. There would be no heat in the second floor area. The Board did some calculations regarding the floor space and found that the second floor addition exceeds the 40% allowable floor area. Some discussion as to lowering the height of the ceiling on the second floor, but it would still exceed the floor area. The Board felt the second floor could be used as living space eventually by another owner.
A Motion was made by R. McCall, seconded by C. Gosselin to DENY Application No. 07/08-19 C- O’Connor. The proposal exceeds the limitations of the regulations by too great an amount. Sufficient hardship has not been shown. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, J. Strickland, W. Farah Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
07/08-20 – Carter S. Gowrie, III and Deborah K. Gowrie seek a variance of Par. 2.1.4 (jurisdiction to make nonconforming setback more conforming), Par. 10.1 (nonconformity/intent) and Par. 23.5.1 (street line setback /35' required/24.8' proposed) of the Zoning Regulations to permit a 379 s.f. one story “open porch” along the southern side of house connected to existing structure on property located at 64 Cromwell Place, Map No. 32, Lot No. 18.
Discussion with respect to the public hearing that closed this evening. The proposal is for an open porch of the south side of the existing house. The proposal enhances the value of the house and makes the yard more livable. It is in keeping with the historic character of the dwelling and the neighborhood.
A Motion was made by R. McCall, seconded by J. Strickland to GRANT Application No. 07/08-20 - Gowrie. The proposed open porch can only enhance the value and the aesthetics of the existing building and poses no further additional encroachment on the setbacks. Sufficient hardship in that the property existed well over a 100 years prior to zoning. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, J. Strickland, W. Farah Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
07/08-21C– Nicholas Inferrara seeks a variance of Par. 10.7.1 (nonconformity/ enlargements), Par.10.8.2 (nonconformity/lots), Par.10.8.4 (nonconformity/lots), Par. 24.5.1 (street line setback 30 ft required as modified by Par. 7.4.4 narrow street setback/proposed 11.09'), Par. 24.5.3 (setback/other
property line/ 15' required/10.5' proposed) and Par. 24.6.2 (max bldg./structure coverage/20% allowed/21.39% proposed) of the Zoning Regulations to permit addition of partial second story to existing one story dwelling including two balconies to the rear, add porch to front and the existing shed will remain on property located at 16 Uncas Road, Map No. 1, Lot No. 120.
Discussion with respect to the public hearing that closed this evening. The Board discussed the slight increase in the ground coverage. The Board had asked during the public hearing whether or not the applicant would be agreeable to either the shed being removed or the two balconies being removed in order to decrease the ground coverage. The applicant opted for the shed being removed. C. Gosselin felt the plans were good and the project was in harmony with the neighborhood.
A Motion was made by C. Gosselin, seconded by D. Alexander to GRANT Application No. 07/08-21 C - Inferrara. The appeal is in harmony with the neighborhood, the applicant will be removing the shed indicated on the survey plan, 8x12, located in the southerly portion of the property upon completion of the project and the issuance of the certificate of occupancy. 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. The CAM is also approved. Discussion: D. Alexander wants to make sure the shed is removed. No
further discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, J. Strickland, W. Farah Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Minutes: A Motion was made by R. McCall, seconded by C. Gosselin to approve the Minutes of the November 14, 2007 Regular Meeting. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, J. Strickland, W. Farah 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 December 12, 2007 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, J. Strickland, W. Farah 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, January 9, 2008 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
| 
