MINUTES OF THE ZONING BOARD OF APPEALS
JANUARY 9, 2008
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, January 9, 2008 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, Julius Castagno, Joan Strickland
Present: Kim Barrows, Clerk, Allan Fogg, alternate, Brian Dooley, alternate,Wendy Farah, alternate
The meeting was then called to order at 7:35 p.m.
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:
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.
PUBLIC HEARINGS:
07/08-22C – 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 pitch of the roof high enough to walk. The pitch would be 12' at the highest with traditional framing for the side walls where needed. 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: James and Brenda O’Connor, applicants
Mrs. O’Connor gave her presentation. The applicants were denied a variance application last month due to the fact that the floor coverage greatly exceeded the 40% coverage allowed by the zoning regulations. Since their denial, the applicants spoke to their builder and the builder suggested that they just raise the pitch of the roof for headroom. Mrs. O’Connor handed out a diagram outlining what they would do, i.e. raise the knee wall height to 8' and raise the pitch 12'. According to the field card the house square footage is 1,513 s.f. The shed is 112 s.f. There is an existing attic but the headroom in the middle of the attic is approximately 5', which does not allow a person of average height to stand up. The applicant’s goal is to be able to walk in the attic. There was lengthy
discussion regarding what constitutes habitable space, i.e. having a door and a window in the attic space. Further discussion ensued regarding what the attic would be used for and why a balcony was needed if there were pull down stairs. Lengthy discussion regarding “stair access”, balcony and windows. Mrs. O’Connor did state that the balcony was for placing a chair or two on it since the balcony faced the water side. The Board also wanted additional figures with respect to the actual percentage of floor area. The Board asked about the square footage in a “half story”. At this time, Mrs. O’Connor asked the Board if they could take time to figure out the coverage. The consensus of the Board was to allow the O’Connor’s time to figure out the coverage. The Board moved on to the next item on the agenda.
07/08-23 C – John S. Willsey 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 addition of 24' x 24', 2 car garage, addition of +/- 100 s.f. wooden deck and additional +/- 210 s.f. of living space on front of existing single family dwelling on property located at 41 Cypress Road, Map No. 3, Lot No. 375.
Present: Mr. John Willsey, applicant and Mr. Joseph Salustro, builder, Michael Barnett, builder
Mr. Salustro gave a brief presentation. The applicant would like to add 214 s.f. to the front portion of the house, a 576 s.f. garage and a deck roughly 50.s.f. The garage and the deck are within the 50' wetlands setback. R. McCall asked how much of the deck was protruding into the wetland setback, presently 41', proposed 36'. There was lengthy discussion as to how much of the project would intrude into the wetlands. The hardship is that the dwelling was built prior to the adoption of the 50' wetlands setback, which makes it non-conforming. Discussion regarding the lot size versus lot size minus the wetlands. The lot is 43,300 s.f. and minus the wetland area on the property it is 39,000 +/-. The ground and floor coverage are within the specified limits of the regulations. There is
currently an existing shed on the property that is within the wetlands setback. Applicant planning on leaving the shed where it is. C. Gosselin asked if removing the shed would be ok with the applicant, applicant said yes. There was a letter from Howard Huelsman of 51 Cypress Road who is opposed to the project. The Board discussed the wetland calculation and the ground coverage. 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 8:30 p.m.
07/08-24 –Alan and Risa Davidson seek a variance of Par. 10.7.1 (nonconformity/ improvements/ enlargement), Par.10.7.2 (nonconformity/ improvements/ change) and Par. 24.5.1 (street line setback 25 ft/9.5 proposed) of the Zoning Regulations to permit demolition of existing 116 s.f. concrete entry stair and sidewalk and replace with a 56 s.f. wood framed covered landing and 114 s.f. wood framed stairs and landings on property located at 24 Woodland Drive, Map No. 004, Lot No. 081.
Present: Mr. Alan Davidson, applicant and Mr. Christopher Vernott, Architect
Mr. Davidson gave a brief presentation. When they purchased the property they noticed that the stairway to the house was 7' off the ground. They realized they needed to improve the safety of the stairway since there was barely enough room to swing the door open on the existing platform. The steep stairs and the substandard platform size creates a dangerous situation for those coming and going into the house. The proposal would improve the appearance of the house as well. Applicants propose a portico over the existing door and will put in wooden stairs and a landing. Existing clearance barely meets code and the mound of concrete is an eyesore. Hardship is the placement of the house on the lot, the house was built in 1953 which predates zoning. The new proposal will only extend an additional 3'
into the 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 public hearing closed at 8:40 p.m.
07/08-25C– Igor Alvarado seeks a variance of Par. 7.4.4 (narrow setback), Par. 7.4.10 (special setbacks from wetlands), Par. 10.7.1 (nonconformity/ improvements/ enlargement), Par.10.7.2 (nonconformity/ improvements/ change), Par. 24.5.1 (street line setback 40 ft with narrow street setback) and Par. 24.5.3 (setback/other property line /15 ft required) of the Zoning Regulations to permit
removal section of the rear dwelling and rebuilding in order to be level with remainder of structure, removal of a 2'x6' section of the dwelling that distorts the shape of dwelling. The front elevation will be changed to incorporate a covered porch requiring taking a 5' x 11' section from the existing dwelling and convert it to a covered porch on property located at 6 Tucker Road (Chalker Beach), Map Nos. 18/80, Lot No. 80.
Present: Mr. Igor Alvarado, applicant
Mr. Alvarado gave a brief presentation. He recently purchased the property and is seeking a variance to change/reduce size. At the rear of the house there is a “step down” and he would like to have that portion be at the same elevation as the rest of the house. In the front of the house he wants to take 5' x 11' of existing living space and make it a front porch. The roof line of the house would then be one continuous gable. The house is within the coverages, the lot is non-conforming. The project is in keeping with the neighborhood. The hardship is that the house was built in 1954 and no improvements to the dwelling have been made since. There will be new windows, roof, siding, etc. Discussion abut the wetlands, the entire house is in the wetlands setback. The Chairman then
opened the floor to comments from the audience either in favor or in opposition. Mr. Bill Dunn who lives on the corner of Tucker Road approves, it will enhance the appearance of the neighborhood. There was no further audience participation and no further Board comments. The public hearing closed at 8:53 p.m.
07/08-22C – James and Brenda O’Connor CONTINUED from the start of the public hearing. Mr. and Mrs. O’Connor gave the dimensions of the house. The house is 38' long and 32' wide, the roof line is 12'. They figured 18' x’ 38' less the 10' x 8' inverted deck would give them 684 s.f. There was discussion regarding the area. If house 1,514 s.f. add approximately 604 s.f. which is 2,118 s.f., the lot size is 4,258 s.f. it would appear that the floor area coverage would be 50%. As R. McCall stated it would all be within the existing footprint. J. Castagno stated that there could be a condition that the space not be living space. Further discussion ensued regarding the term “½ story”. 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 9:04 p.m.
REGULAR MEETING:
07/08-22C – 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 pitch of the roof high enough to walk. The pitch would be 12' at the highest with traditional framing for the side walls where needed. 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. D. Alexander stated that storage is not always a reason for a variance. R. McCall stated that the attic area was all within the existing footprint of the dwelling, even the proposed inverted deck. He also felt that this was a unique situation. Lengthy discussion with respect to what constitutes a half story and habitable space. The Board read through the definition of half story and discussed the difference between having “pull down” stairs versus “stairway access located within the walls of the building”. Further discussion ensued regarding exterior doors and balconies in the half story. The Board went into further discussion as to calculating the area that would be considered a half story.
J. Strickland stated that originally there was a garage on the property that was removed and replaced by a small shed which eliminated, at that time, the coverage. C. Gosselin stated he was torn on deciding this appeal. It was then the consensus of the Board to defer the decision on this appeal in order to seek advice from counsel and the Zoning Enforcement Officer for clarification as to whether or not this proposal constituted a half story and/or habitable space.
A Motion was made by R. McCall, seconded by D. Alexander to DEFER the DECISION on Application No. 07/08-22 C- O’Connor until the February 13, 2008 regular meeting. This will allow the Board to obtain further input from legal counsel and the Zoning Enforcement Officer to answer the question of whether or not this is habitable space. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Castagno, C. Gosselin, J. Strickland Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
07/08-23 C – John S. Willsey 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 addition of 24' x 24', 2 car garage, addition of +/- 100 s.f. wooden deck and additional +/- 210 s.f. of living space on front of existing single family dwelling on property located at 41 Cypress Road, Map No. 3, Lot No. 375.
Discussion with respect to the public hearing that closed this evening. D. Alexander felt the small addition and the rear deck were fine, but had a problem with the garage since it encroached significantly into the wetlands setback. R. McCall felt the same, maybe the applicant could come back with a proposal for a one car garage. C. Gosselin had concern as to where the property line was as delineated on the map. Discussion ensued regarding the location map on the upper right hand corner of the survey and the owners of the surrounding parcels. The large parcel of land behind the subject property did not indicate the owner on the survey. C. Gosselin felt all surrounding properties should be identified by owner. There was some confusion regarding the wetland boundary and the applicant’s property line. Lengthy discussion ensued regarding the configuration of the parcel and the word “tie line” and how it corresponded with the property line indicator and the wetlands indicator on
the map. D. Alexander stated no matter where the property line was, she did not like the garage being built so far into the wetlands.
A Motion was made by R. McCall, seconded by J. Castagno to GRANT Application No. 07/08-23 C- Willsey. The proposed variance to allow the front addition of 210 s.f. of living space to the existing dwelling fronting on Cypress Road and GRANT the expansion of the existing rear wooden deck. DENY the proposed 24'x24' garage since it encroaches too greatly on the 50' setback from wetlands. The reason for the granting of the approval of the front addition is that it does not encroach on the 50' setback and the rear deck slightly encroaches. The CAM is also approved. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Castagno, C. Gosselin, J. Strickland Opposed: None Abstaining: None The motion passed unanimously.
5-0-0
07/08-24 –Alan and Risa Davidson seek a variance of Par. 10.7.1 (nonconformity/ improvements/ enlargement), Par.10.7.2 (nonconformity/ improvements/ change) and Par. 24.5.1 (street line setback 25 ft/9.5 proposed) of the Zoning Regulations to permit demolition of existing 116 s.f. concrete entry stair and sidewalk and replace with a 56 s.f. wood framed covered landing and 114 s.f. wood framed stairs and landings on property located at 24 Woodland Drive, Map No. 004, Lot No. 081.
Discussion with respect to the public hearing that closed this evening. R. McCall approves of the appeal for safety reasons mainly and there will only be a slight additional encroachment into the setback (2.5 feet). The house was built prior to zoning. C. Gosselin stated that the existing stairs are barely to code and that the proposal is in harmony with the neighborhood. The consensus of the Board was that the proposal would improve safety for those using the stairs.
A Motion was made by C. Gosselin, seconded by R. McCall to GRANT Application No. 07/08-24 - Davidson. The modifications and improvements being made will improve the safety on this site and it is in harmony with the neighborhood. 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, J. Castagno, C. Gosselin, J. Strickland Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
07/08-25C– Igor Alvarado seeks a variance of Par. 7.4.4 (narrow setback), Par. 7.4.10 (special setbacks from wetlands), Par. 10.7.1 (nonconformity/ improvements/ enlargement), Par.10.7.2 (nonconformity/ improvements/ change), Par. 24.5.1 (street line setback 40 ft with narrow street setback) and Par. 24.5.3 (setback/other property line /15 ft required) of the Zoning Regulations to permit
removal section of the rear dwelling and rebuilding in order to be level with remainder of structure, removal of a 2'x6' section of the dwelling that distorts the shape of dwelling. The front elevation will be changed to incorporate a covered porch requiring taking a 5' x 11' section from the existing dwelling and convert it to a covered porch on property located at 6 Tucker Road (Chalker Beach), Map Nos. 18/80, Lot No. 80.
Discussion with respect to the public hearing that closed this evening. D. Alexander and R. McCall did not have a problem with this appeal. The Board also agreed. The house will be squared up and there will be a uniform roof line. Applicant not really expanding the existing footprint. The rear of the house has a “step down” and over the years water has been leaking into the rear portion creating a lot of dry rot. This proposal would improve the overall look of the dwelling and enhance the neighborhood.
A Motion was made by J. Castagno, seconded by C. Gosselin to GRANT w/Stipulation Application No. 07/08-25 C - Alvarado. To make all the improvements to the house and the rear of the home, with the stipulation that the back stairs extend out the rear of the building rather than the side yard. The hardship is the house was built in 1954 and is in fairly bad shape and needs renovating for safety reasons. The narrow streetline makes it difficult to conform with the setbacks. The CAM is approved. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Castagno, C. Gosselin, J. Strickland 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 December 12, 2007 Regular Meeting. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, J. Strickland Opposed: None Abstaining: J. Castagno The motion passed. 4-0-1
New Business:
1 ) Election of Officers: Nominations for Chairman, Vice Chairman and Secretary -
Chairman: J. Castagno nominated R. McCall to serve as Chairman, D. Alexander seconded the nomination. J. Castagno moved to close nominations for Chairman, D. Alexander seconded the motion. A vote was taken: In favor: D. Alexander, J. Castagno, J. Strickland, C. Gosselin Opposed: None Abstaining: R. McCall The motion passed. 4-0-1 Rexford McCall was elected Chairman.
Vice Chairman: J. Castagno nominated D. Alexander to serve as Vice Chairman, R. McCall seconded the nomination. J. Castagno moved to close nominations for Vice Chairman, R. McCall seconded the motion. A vote was taken: In favor: J. Castagno, R. McCall, C. Gosselin, J. Strickland Opposed: None Abstaining: D. Alexander The motion passed. 4-0-1 Dorothy Alexander was elected Vice Chairman.
Secretary: J. Castagno nominated J. Strickland to serve as Secretary, C. Gosselin seconded the nomination. J. Castagmo moved to close nominations for Secretary, C. Gosselin seconded the motion. A vote was taken: In favor: D. Alexander, J. Castagno, C. Gosselin, R. McCall Opposed: None Abstaining: J. Strickland The motion passed. 4-0-1 Joan Strickland was elected Secretary.
Old Business: Letter dated January 8, 2008 from Scott Desmond requesting a six month extension of time for obtaining a building permit for development on property located at 41 Attawanhood Trail, Map 13, Lot 64. Variances were granted on August 9, 2006. A six month extension was given at the August 2007 meeting and the Board requested that if applicant wanted an additional six months he would have to provide an explanation and if the applicant resubmitted another letter with an explanation, the Board would grant an additional 6 months.
A Motion was made by R. McCall, seconded by A. C. Gosselin to GRANT an additional SIX MONTH extension from February 9, 2008 to August 13, 2008 in order to obtain a building permit for Scott Desmond, Application No. 06/07-05, 41 Attawnhood Trail, Map 13, Lot 64. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Castagno, C. Gosselin, J. Strickland 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 January 9, 2008 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, J. Strickland Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 9:55 p.m.
The next Regular Meeting of the ZBA will be on Wednesday, February 13, 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
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