MINUTES OF THE ZONING BOARD OF APPEALS
MAY 14, 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, May 14, 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: Rex McCall, Chairman, Dorothy Alexander, Vice Chairman, Joan Strickland, Secretary, Julius Castagno, Chris Gosselin,
Present: Allan Fogg, alternate, Brian Dooley, alternate, Wendy Farah, alternate (who was seated for Chamberlain), Kim Barrows, Clerk
The meeting was then called to order at 7:33 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:
07/08-35 – Michael D. and Ellen Maus seek 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 30' required/10.94' proposed) and Par. 24.5.3 (setback/other property line /15' required/N: 5.49' +/-; S: 9.13' +/- proposed) of the Zoning Regulations to permit enlargement of second floor and add deck above porch, removal of small covered porch in rear and add new portico in rear on existing year-round 1.5 story dwelling (new septic to be installed) on property located at 11 Bayberry Road (Knollwood), Map No. 4, Lot No. 87.
Present: William A. Childress, Esquire, agent for the applicant; Mr. Michael Maus, applicant
Attorney Childress gave a brief presentation. The applicant presented the Board with an application in March and it was denied without prejudice. That proposal was for a full second floor and the neighbors came to oppose the application since it would hinder their views. The applicant has taken into consideration the neighbors concerns with the new application, proposing a deck over the existing first floor porch and a shed dormer that will extend out approximately 1 foot from the existing house. Attorney Childress presented to the Board the septic drawing which shows the septic and leaching fields in the rear, leaving no room for expansion at the back of the house. The hardship is the narrow building area and the placement of the house on the lot. There are also additional setback
requirements due to the narrow street. R. McCall mentioned that there were no view easements but the applicant did take into consideration the neighbors concerns. R. McCall read into the record a letter dated May 12, 2008 from John and Carol Ieronimo of 2 Bayberry who are in favor or the project. The Chairman then opened the floor for comments from the audience either in favor or in opposition. Speaking in favor was Mr. Thomas Stone of 13 Bayberry. There was no further audience participation and no further Board comments. The public hearing closed at 7:45 p.m.
07/08-36 – Raymond and Alice Gradwell seek 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 as modified by 7.4.4 (street line setback 35' required/17.5' proposed), Par. 24.5.3 (setback/other property line /15' required/12.2' proposed) and Par. 24.6.2 (max bldg./ structure coverage/20% required/25.62% proposed) of the Zoning Regulations to permit removal of front and rear porches, reconstruct rear porch within same footprint; rebuilt front porch with minor additions on each side to coincide with existing width of house on property located at 115 Chalker Beach Road (Chalker Beach), Map No. 18, Lot No. 142.
Present: William A. Childress, Esquire, agent for the applicant.
Attorney Childress gave a brief presentation. This is a one story, year-round house in Chalker Beach on a lot that is approximately 6,000 s.f. +/-. Shown on the plan (Property Survey and Topographic Survey dated 10/29/07) are hatched in areas at the front of the house where the applicant wants to square off the house to add living space, approximately 32 s.f. The porch in the rear will be removed and reconstructed within the same footprint to expand the master bedroom. The roof line will be raised to meet the main structure. Attorney Childress reviewed the variances requested. The hardship is the narrow building area, the narrow street setback and the placement of the house on the lot prior to zoning. C. Gosselin asked about reducing the nonconformity by removing the existing
shed. The shed is placed in the rear corner of the lot and could be moved to conform to the setbacks. C. Gosselin has concerns about the shed remaining and exceeding the ground coverage. The Chairman then opened the floor for 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 7:55 p.m.
07/08-37– Jerzy S. and Stella Jedrychowski seek a variance of Par.10.7.1 (nonconformity/ improvements/ enlargement), Par.10.8.2 (nonconformity/lots), Par.10.8.4 (nonconformity/lots), Par. 24.5.3 (setback/other property line /15' required/9.2 ft. +/- proposed) and Par. 24.6.2 (max bldg./ structure coverage/20% required/21.34% proposed) of the Zoning Regulations to permit stairs from end of existing flagstone walk to access deck on property located at 4 Toms Road (Great Hammock), Map No. 6, Lot No. 15.
Present: William A. Childress, Esquire, agent for the applicant; Dr. Jedrychowski, applicant.
Attorney Childress gave a brief presentation. A modification of the original plan was granted for a 2 foot extension of the deck in April, 2008. On the plans submitted at that time, a short set of stairs was inadvertently omitted from those plans. The applicant is before the Board now to have those stairs added from the flagstone pathway to the deck. There was always an “intent” to have access to the deck since now there is only access to the deck through the house. The stairs that were traded for the additional square footage in the deck were described as a wide, long set of stairs off the side of the deck. Dr. Jedrychowski stated that he has always wanted access to the deck from a set of outside stairs. Board members stated that a spiral set of stairs could be
installed and would not require variances. Discussion by the applicant of future handicap access not feasible with spiral stairs. Board members also discussed ingress/egress with respect to not being able to leave the back of the house in the event of an emergency. Lengthy discussion ensued on the types of ingress/egress and according to code how many. The Chairman then opened the floor for comments from the audience either in favor or in opposition. There was no audience participation but the following letters were entered into the record in opposition. A letter dated May 4, 2008 signed by Russell Settipane of 2 Toms Road and 63 Plum Bank Road, Charles Fitzgerald of 5 Toms Road, John and Andrea Waanders of 8 Toms Road and David McFarlin of 6 Toms Road. Also a letter from David J. McFarlin of 6 Toms Road dated May 8, 2008 who owns the property next door to where the stairs will be placed and he is opposed.
At this time, after lengthy discussion, the Board decided to continue the public hearing to the June 11, 2008 meeting in order to get an opinion from the Building Inspector and the Zoning Enforcement Officer on whether or not the stairs to the deck are considered a second means of ingress/egress. Attorney Childress explained to the Board that the stairs were inadvertently left off the last drawing submitted to the Board and that the stairs that were “traded” for the additional square footage on the deck were much wider and longer than those proposed. Attorney Childress also submitted for the record faxes from August, 2007 and December, 2007 showing the intent all along to have stairs to the deck.
A Motion was made by R. McCall, seconded by C. Gosselin to CONTINUE THE PUBLIC HEARING Application No. 07/08-37 - Jedrychowski to the June 11, 2008 Regular meeting to obtain advice from the ZEO and the Building Inspector. No discussion and a vote was taken: In favor: D. Alexander, J. Castagno, C. Gosselin, J. Strickland, R. McCall Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
REGULAR MEETING:
07/08-35 – Michael D. and Ellen Maus seek 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 30' required/10.94' proposed) and Par. 24.5.3 (setback/other property line /15' required/N: 5.49' +/-; S: 9.13' +/- proposed) of the Zoning Regulations to permit enlargement of second floor and add deck above porch, removal of small covered porch in rear and add new portico in rear on existing year-round 1.5 story dwelling (new septic to be installed) on property located at 11 Bayberry Road (Knollwood), Map No. 4, Lot No. 87.
Discussion with respect to the public hearing that closed this evening. There will be no change in the ground coverage, only a slight change in floor area but it will still remain under the 40% allowed. There will be a deck above the existing porch and there will be an addition of shed dormers to the second floor. There will also be a new septic system installed which takes up most of the backyard. D. Alexander stated that this was a big improvement from what was submitted in March and Mr. Maus has taken into consideration the neighbors requests.
A Motion was made by C. Gosselin, seconded by J. Castagno to GRANT Application No. 07/08-35 - Maus. The changes in the architectural design and the elevations of the building are more in harmony with the neighborhood and maintain site lines for the neighbors. The public health will be improved with the installation of a new septic system and the shape of the lot and the location of the house on the lot is unique. Also, 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: D. Alexander, J. Castagno, C. Gosselin, R. McCall, J. Strickland Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
07/08-36 – Raymond and Alice Gradwell seek 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 as modified by 7.4.4 (street line setback 35' required/17.5' proposed), Par. 24.5.3 (setback/other property line /15' required/12.2' proposed) and Par. 24.6.2 (max bldg./ structure coverage/20% required/25.62% proposed) of the Zoning Regulations to permit removal of front and rear porches, reconstruct rear porch within same footprint; rebuilt front porch with minor additions on each side to coincide with existing width of house on property located at 115 Chalker Beach Road (Chalker Beach), Map No. 18, Lot No. 142.
Discussion with respect to the public hearing that closed this evening. R. McCall stated that there is a slight increase in ground coverage. There would be modernization of the porches. There will also be no change in the setbacks from what already exist. C. Gosselin felt that there could be a reduction of the nonconformity by removing the shed. Discussion ensued on moving the shed. The majority of members did not have a problem with the shed remaining where it is.
A Motion was made by R. McCall, seconded by D. Alexander to GRANT Application No. 07/08-36 - Gradwell. No further encroachment on the front or side setbacks. Proposal is an improvement to what exists at the moment and the house was built prior to existing zoning regulations on a narrow lot, with narrow street setbacks which makes it difficult to conform to the regulations. No discussion and a vote was taken: In favor: D. Alexander, J. Castagno, J. Strickland, R. McCall Opposed: C. Gosselin Abstaining: None The motion passed. 4-1-0
Rex McCall recused himself from the rest of the meeting. Alternate, Wendy Farah was seated in his place.
Old Business: Discussion of a resolution between Mr. & Mrs. Chamberlain who own property at 2 Owaneco Trail and their neighbor, Mr. & Mrs. Marth. Present were the Chamberlains, Mr. Marth, Attorney Cronin and Attorney Cassella. Attorney Cronin reviewed the facts of the case with the Board. The Board denied a variance of the rear setback in August of 2007. The variance was requested due to a miscalculation on the part of a contractor and the house no longer maintained the 15' setback that the Board specified when it originally granted variance in order to build the house. The Board when they denied the August, 2007 variance felt that the neighbor should not have to be penalized for errors made by the owner and the people employed by them. The Chamberlains then filed
suit in the Superior Court. During the mediation process, the parties involved have come to an agreement (the Agreement dated April 8, 2008 is on file). The Board has reviewed the agreement and a motion has been made to accept said agreement and submit it to Court for its approval. Attorney Cassella will record the required documents on the Land Records when the Court has made its decision.
A Motion was made by C. Gosselin, seconded by W. Farah to ACCEPT the Agreement as it has been described tonight by Attorney Cronin. 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
Minutes: A Motion was made by J. Castagno, seconded by C. Gosselin to approve the Minutes of the March 12, 2008 Regular Meeting. 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
Adjournment: A Motion was made by J. Strickland, seconded by C. Gosselin to adjourn the March 12, 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 9:50 p.m.
The next Regular Meeting of the ZBA will be on Wednesday, June 11, 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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