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MINUTES OF THE ZONING BOARD OF APPEALS
FEBRUARY 13, 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, February 13, 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 and voting were the following members: Dorothy Alexander, Vice Chairman, Julius Castagno, Chris Gosselin, Joan Strickland, Secretary, Wendy Farah, alternate
Present: Allan Fogg, alternate, Brian Dooley, alternate, Christina Costa, Zoning Enforcement Officer, Kim Barrows, Clerk
Absent: Rex McCall, Chairman
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 Vice Chairman introduced the Board members who were seated for this evenings meeting. The Vice 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:
07/08-26C – William J. Sage seeks a variance of 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), Par. 24.6.2 (maximum bldg./structure coverage), Par. 24.5.1 (street line setback 35'/20' proposed) and Par. 24.5.3 (setback/other property line /15' required/10' proposed) of the Zoning Regulations to permit removal of existing one-story, single family seasonal home and construct two-story,
single family, year-round home, the existing shed to remain on property located at 14 Whitney Avenue (Saybrook Manor), Map No. 20, Lot No. 63.
Present: William A. Childress, Esquire, agent for the applicant; William Sage, applicant.
Attorney Childress gave a brief presentation. The proposal is to remove the existing dwelling and replace it with a new dwelling. The new house will be slightly smaller and reduce the lot coverage from 25% to 20.9%. The reason for the variances requested is due to the undersized lot and by removing the existing house the lot needs to be “re-approved”. As stated before, due to the size of the beach lots the regulations need to be varied since the regulations were designed to accommodate 20,000 s.f. lots. The regulations were designed long after the creation of this lot and the house placement. The number of bedrooms will be reduced from 3 to 2. There will be a new septic system installed which is a plus for the parcel and the neighborhood. The following letters of support were
entered into the record: letter dated January 3, 2008 from Susan Marino of 38 Vincent Avenue; Marisa G. Porco of 40 Vincent Avenue dated January 3, 2008; Stephen J. Senatro, Donna S. Kane and Cynthia S. Gondek of 15 Pelton Avenue dated January 4, 2008; Joyce and John Askintowicz of 16 Whitney Avenue dated December 20, 2008. C. Gosselin asked about the height of the house, the answer is that it will be 29' and there will be substantial improvements made regarding the setbacks. C. Gosselin asked is shed could be removed and the applicant stated that he would like it to remain if possible. The Vice 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.
07/08-27C – Christine Meade seeks a variance of Par. 7.4.4 (narrow setback), Par. 10.7.1 (nonconformity/ improvements/ enlargement), Par.10.8.2 (nonconformity/lots), Par.10.8.4 (nonconformity/lots), Par. 24.5.1 (street line setback front 41.5'/9.70' exist/side 30.0'/9.79' existing), Par. 24.5.2 (setback/rear property line/15' required/2.97' existing) and Par. 24.6.2 (maximum bldg./structure
coverage) of the Zoning Regulations to permit removal of wood deck on west; build deck above enclosed porch on north (front); add second story living space above existing enclosed porch on east, there will be no new bedrooms added on property located at 32 Town Beach Road (Cornfield Point), Map No. 3, Lot No. 103.
This application was withdrawn by letter dated February 13, 2008 received from Attorney William Childress.
07/08-28C – Francesco Maccarone seeks a variance of Par. 10.7.1 (nonconformity/ improvements/ enlargement), Par.10.8.2 (nonconformity/lots), Par.10.8.4 (nonconformity/lots), Par. 24.5.1 (street line setback front 30' required/25.03' proposed), Par. 24.5.3 (setback/other property line /15' required/5.98' north/6.87' (south) proposed), Par. 24.6.1 (gross floor area) and Par. 24.6.2 ( max
bldg./structure coverage)of the Zoning Regulations to permit removal of rear portion of dwelling and construct partial second floor to include 3 bedrooms and 2 full baths, the existing downstairs bedrooms will be converted to other uses as per plans and an addition of a front porch on property located at 8 Oakwood Road (Knollwood), Map No. 3, Lot No. 366.
This application was withdrawn by letter dated February 13, 2008 received from Attorney William Childress. The applicant intends to make all reasonable efforts to address neighborhood concerns and to reach an accommodation with those affected by the proposal.
07/08-29C– Raymond E. and Lori J. Hackling seek a variance of Par. 7.4.4 (narrow setback), Par.10.8.2 (nonconformity/lots), Par.10.8.3 (nonconformity/lots), Par. 24.5.1 (street line setback 25 ft with narrow street setback/3' proposed), Par. 24.5.3 (setback/other property line /15 ft required/11.5' and 3' proposed), Par. 24.3.1A (minimum lot area) and Par. 24.3.2A (minimum dimension of square) of the Zoning Regulations to permit new construction of proposed 1 ½ story single family residence with attached wood deck on property located at 116 Sea Lane #2 (Indiantown), Map No. 13, Lot No. 78. New
home will comply with all requirements for the A6 (11') flood zone.
Present: William A. Childress, Esquire, agent for the applicant; Raymond Hackling, applicant.
Attorney Childress gave a presentation. The applicants would like to rebuild their home on this lot and the home will comply with the flood plain ordinance and health code. The unique circumstance surrounding this property is that there is no naturally occurring soil to sustain an engineered septic system. If an engineered system cannot be built, there is a provision in the Health Code that allows a property owner to “rebuild” the existing system. The house will be moved the required distance from the septic system as required by the health code and the applicant can go up a story if the footprint is not greater and the floor area is not greater. With the current design of the house and the restrictions placed on the site by the Health District, the sideyard setback will be only three feet. The neighbor on that side (Mr. Joseph Hinchcliffe) has stated that three feet is not sufficient in his letter in opposition dated February 1, 2008 (on file), he also feels it will affect
the lighting and air to his property since it will be the same as erecting a 34' wall along the property. The applicant and his attorney proposed a solution to increase the setback by an additional five feet by moving the house forward and re-positioning the deck. It was then that the Board decided to continue the public hearing so a plan could be submitted showing the exact revised location of the house on the lot. The Vice Chairman then opened the floor to comments from the audience either in favor or in opposition. Mr. Hinchliffe was present to reiterate his comments in his letter. There was no further audience participation and no further Board comments at this time.
A Motion was made by C. Gosselin, seconded by J. Castagno to CONTINUE THE PUBLIC HEARING on Application No. 07/08-29 C- Hackling to the March 12, 2008 regular meeting. This will allow the applicant to submit a new plan moving the house forward 5 feet by sliding the proposed deck to the rear. No discussion and a vote was taken: In favor: D. Alexander, J. Castagno, C. Gosselin, J. Strickland, W. Farah Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
REGULAR MEETING:
07/08-26C – William J. Sage seeks a variance of 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), Par. 24.6.2 (maximum bldg./structure coverage), Par. 24.5.1 (street line setback 35'/20' proposed) and Par. 24.5.3 (setback/other property line /15' required/10' proposed) of the Zoning Regulations to permit removal of existing one-story, single family seasonal home and construct two-story,
single family, year-round home, the existing shed to remain on property located at 14 Whitney Avenue (Saybrook Manor), Map No. 20, Lot No. 63.
Discussion with respect to the public hearing that closed this evening. The applicant is improving the property by reducing the non-conformities and installing a code compliant septic system. The Board felt there were a lot of pluses to this proposal. Discussion with respect to the shed being nonconforming due to its placement on the lot. After discussion, the Board felt the shed could remain in its current position since moving it to conform to the 5' setback would have it resting on the leaching fields. The Health District had approved the plans with the shed in its present location. A Motion was made by C. Gosselin, seconded by J. Strickland to GRANT w/condition Application No. 07/08-26C - Sage. The appeal is in character with the neighborhood, that the
applicant proposing reduced square foot coverage and septic system is valuable. The shed can remain in its current location. There is a condition that the applicant have an As-Built Survey (of the foundation placement) done by a licensed surveyor and that it be approved by the ZEO prior to the erection of the house on the foundation. 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, the approval of the foundation location. No discussion and a vote was taken: In favor: D. Alexander, J. Castagno, C. Gosselin, J. Strickland, W. Farah Opposed: None Abstaining: None The
motion passed unanimously. 5-0-0
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.
The public hearing closed on January 9, 2008. The decision was deferred so that the Board could get a specific definition of habitable space and have the Zoning Enforcement Officer answer the Board’s questions. There was lengthy discussion regarding the “pitch” of the roof and how the applicant calculated the square footage of space in that area. The ZEO went over the calculations at length, providing the Board with diagrams. The ZEO then stated that with her calculations, the proposed addition constituted a ½ story. The ZEO included in her gross floor area calculations the square footage of what the applicants called an “inverted deck”. The ZEO indicated that she considered this area not to be a deck exempt from gross floor area since the area is a roofed open air
porch located over the first floor footprint. The ZEO explained that a half story cannot have doors (sliders or regular) but could have a window large enough to pass items from outside into the half story for storage that would be too large to fit through the interior pull down staircase. With respect to the space being habitable, the ZEO has taken the stance, and been consistent in other decisions, in stating that if it can be made habitable, it is habitable. The Board discussed hardship, J. Strickland stated that the applicants removed a garage to replace the septic. D. Alexander stated that applicants received a variance to construct a shed on the property for storage.
A Motion was made by D. Alexander, seconded by J. Strickland to DENY Application No. 07/08-22 C- O’Connor on the basis that it just includes an excessive amount of floor area coverage over the required percentage. There is a shed on the property for storage. No hardship has been found. No discussion and a vote was taken: In favor: D. Alexander, J. Strickland, W. Farah Opposed: J. Castagno, C. Gosselin Abstaining: None The motion to DENY passed. 3-2-0
Minutes: A Motion was made by C. Gosselin, seconded by J. Castagno to approve the Minutes of the January 9, 2008 Regular Meeting with changes. Discussion: Regular meeting O’Connor discussion change “storage not always a reason for a variance” to “storage not usually a reason for storage” and “small shed which eliminated” to “small shed which reduced”. No further discussion and a vote was taken: In favor: D. Alexander, J. Castagno, C. Gosselin, J. Strickland, W. Farah Opposed: None Abstaining: None The motion passed. 5-0-0
Adjournment: A Motion was made by J. Strickland, seconded by C. Gosselin to adjourn the February 13, 2008 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: D. Alexander, J. Castagno, C. Gosselin, J. Strickland, W. Farah Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 8:55 p.m.
The next Regular Meeting of the ZBA will be on Wednesday, March 12, 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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