MINUTES OF THE ZONING BOARD OF APPEALS
JULY 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, July 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 and voting were the following members: Rex McCall, Chairman, Dorothy Alexander, Vice Chairman, Julius Castagno, Chris Gosselin, Brian Dooley, alternate
Present: Allan Fogg, alternate, Wendy Farah, alternate, Kim Barrows, Clerk
Absent: Joan Strickland
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:
08/09-01 – Brendan and Rosemary McCormick seek a variance of Par.10.7.1 (nonconformity/ improvements/ enlargement), Par.10.7.2 (nonconformity/ improvements/ change), Par. 24.5.5 a (setback/minor accessory bldg/from longest streetline of corner lot/35 ft. req/10 ft. proposed) and Par. 24.6.2 (max bldg./ structure coverage/20% required/34.6% proposed) of the Zoning Regulations to permit a 6' x 8'
storage shed on property located at 5 Sea Lane, Map No. 19, Lot No. 263.
Present: Mr.& Mrs. McCormick, applicants
Mr. McCormick gave a brief presentation. The applicants would like to put a 6' x 8' shed on the property. The existing lot is small and fronts on two streets. The house has a basement but there is no outside storage for the lawn mower and gas/propane. The shed, due to its size can be 5' from the property line. The ground coverage increases by 1%, the existing coverage is already over the 20% required. The shed will be concealed from the neighbors with a fence and there is existing landscaping to hide it as well. The shed will sit on 4 x 4's on a gravel base, the shed will be a moveable structure. J. Castagno stated that the 6 foot fence would hide the structure from the neighbors. There was some concern from the Board members about the amount of grassy area for the septic system once
the shed is placed in the yard. The Health District did not have a concern other than a 5' separation distance be maintained from structure to drywell. 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 7:45 p.m.
08/09-02 – Andrew J. DeCorleto seeks a variance of Par.10.8.2 (nonconformity/lots), Par.10.8.3 (nonconformity/lots), Par. 24.3.1 a (minimum lot area), Par. 24.3.2 a (minimum dimension of square), Par. 24.3.3 (minimum frontage/50' required/39.99' proposed), Par. 24.3.4 (minimum width along bldg. line), Par. 24.6.2 (maximum bldg./structure coverage), Par. 24.5.1 as modified by 7.4.4 (street line setback 30' req./11.9' proposed), Par. 24.6.1 (floor area 40% req./43.5% proposed) and Par. 24.5.3 (setback/other property line /15' required/4.7' and 10.6' proposed) of the Zoning Regulations to permit demolition of
existing two story seasonal dwelling with detached garage and construction of new two story year-round dwelling (no garage) on property located at 14 Pratt Road (Cornfield Point), Map No. 1, Lot No. 72.
Present: Attorney William Childress, agent for the applicant; Mr. Andrew DeCorleto, applicant and Mr. Michael Satmary, builder
Attorney Childress gave brief presentation. The existing dwelling is a two story seasonal dwelling with a detached garage. Photos of the existing home were shown to the Board. The proposal is to remove the existing house and detached garage and construct a year-round two story home with no garage. There will be a reduction in the nonconformities. The height of the structure according to the plans is 28' 9" to the ridge which is below the 35' that is allowed. The hardship is the building area and trying to conform to the existing regulations. Once the existing house is demolished, you need to re-qualify the lot which is why there are so many variances requested. The house can’t be pushed back from the front setback due to the septic, but it will remain in line with the existing
homes in the neighborhood. The house is not centered on the lot in order to maintain an area for cars to get off the roadway. The hardship is the 4,000 s.f. lot which was created prior to zoning. To apply the current regulations to this size lot creates a hardship when the regulations were designed for lots five times this size. The following letters in favor were entered into the record: A form letter all dated June 16, 2008 signed by the following: Dan Laporte of 12 Pratt Road; Arthur Corsaletto of 13 Gates Road; Victor Zarrilli of 16 & 18 Pratt Road; Barbara & Robert Rowlson of 15 Gates Road; Joseph Chojnowski of 9 Gates Road; Kenneth & Linda Anderson of 60 Town Beach Road; Joe Courtney of 1 Uncas Road; John & Theresa Tenerewicz of 10 Pratt Road; Joanne & Savino Civitillo of 4 Pratt Road; Frank & Rita Stanislawscyk of 8 Pratt Road and Lynne & Donald Brewer of 19 Gates Road.
Attorney Childress stated that a new septic system will be installed and Mr. Satmary explained the new system. He stated that it is called “Green Leach” which is specifically designed for a 40 x 100 lot. This is new technology that is approved by the Department of Environmental Protection and will hopefully put an end to fitting the larger engineered septic systems on the small beach lots.
The new structure will not encroach any further than the existing structure. There will be a reduction in bedrooms from 5 to 3. C. Gosselin told the Board and the applicant that an as built should be done after the foundation is poured before an building commenced. The Board agreed. R. McCall asked about taking 2' off the size of the house. It was discussed that the house not large and it provided the minimum square footage to provide comfortable living space. The Chairman then opened the floor for comments from the audience either in favor or in opposition. Speaking in favor were Ken Anderson of 60 Town Beach Road and Ms. Lynne Brewer of 19 Gates Road. No one spoke in opposition. There was no further audience participation and no further Board comments. The public hearing
closed at 8:10 p.m.
REGULAR MEETING:
08/09-01 – Brendan and Rosemary McCormick seek a variance of Par.10.7.1 (nonconformity/ improvements/ enlargement), Par.10.7.2 (nonconformity/ improvements/ change), Par. 24.5.5 a (setback/minor accessory bldg/from longest streetline of corner lot/35 ft. req/10 ft. proposed) and Par. 24.6.2 (max bldg./ structure coverage/20% required/34.6% proposed) of the Zoning Regulations to permit a 6' x 8'
storage shed on property located at 5 Sea Lane, Map No. 19, Lot No. 263.
Discussion with respect to the public hearing that closed this evening. R. McCall stated that the 6' x 8' shed would increase the ground coverage by 1%. Some members of the Board had concerns about the septic system since there will only be a small grassy area remaining on the lot. The Health District did not have any concerns, the only requirement was that there is a 5' separation distance from septic to structure. C. Gosselin felt the shed was modest in size and is not a permanent structure. B. Dooley stated that applicants wanted to store flammable liquid (gas for mower and propane) in the shed and not in the basement of the house. The shed will not be visible from the street, there is adequate landscaping and a fence.
A Motion was made by B. Dooley, seconded by C. Gosselin to GRANT Application No. 08/09-01 - McCormick. The variance is granted since the McCormick’s are meeting the setback requirements, the fact is that they have chosen a shed that is the smallest and most practical for their use, that they are concerned about safety with regards to storing heavy equipment and bringing it down stairs and storage of flammable liquids in the basement of their home. Also, the shed will not be a visual eyesore to the adjoining neighbors. No discussion and a vote was taken: In favor: D. Alexander, C. Gosselin, R. McCall, J. Castagno, B. Dooley Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
08/09-02 – Andrew J. DeCorleto seeks a variance of Par.10.8.2 (nonconformity/lots), Par.10.8.3 (nonconformity/lots), Par. 24.3.1 a (minimum lot area), Par. 24.3.2 a (minimum dimension of square), Par. 24.3.3 (minimum frontage/50' required/39.99' proposed), Par. 24.3.4 (minimum width along bldg. line), Par. 24.6.2 (maximum bldg./structure coverage), Par. 24.5.1 as modified by 7.4.4 (street line setback 30' req./11.9' proposed), Par. 24.6.1 (floor area 40% req./43.5% proposed) and Par. 24.5.3 (setback/other property line /15' required/4.7' and 10.6' proposed) of the Zoning Regulations to permit demolition of
existing two story seasonal dwelling with detached garage and construction of new two story year-round dwelling (no garage) on property located at 14 Pratt Road (Cornfield Point), Map No. 1, Lot No. 72.
Discussion with respect to the public hearing that closed this evening. There has been considerable effort made to make this more conforming by removing the garage. There will be a new state of the art septic system installed which is designed for small lots. R. McCall made a suggestion to cut back the house 2 feet to make it even more conforming. C. Gosselin feels the new septic will improve public safety and applicant has reduced the nonconformities. B. Dooley stated that new structure will be close to the existing house. He also stated that all of the neighbors showed their support for the project. The applicants are also giving up the convenience of a garage in order to reduce the coverage.
A Motion was made by J. Castagno, seconded by D. Alexander to GRANT w/condition Application No. 08/09-02 - DeCorleto. The biggest issue is that they are using the new septic system called “Green Leach” which will probably be used in the future if it works out well. The house follows the footprint of the home that is there now more or less, very closely. Applicants have removed the garage which reduces the building structure coverage from 31% to 21% and the gross floor area from 47% to 43% which is a big improvement. Discussion: C. Gosselin felt that a condition should be added that the applicant perform an As-Built Survey prior to erecting any wood framing on the foundation and provide evidence that the concrete is placed per the drawing submitted by Gary Sharpe dated May
23, 2008, so we can ascertain if there are any encroachments on the setbacks. B. Dooley wanted to note that the new home will be 3 bedrooms versus the original 5 bedrooms. The maker of the original motion agreed with the condition and the motion was seconded again by D. Alexander. No further discussion and a vote was taken: In favor: D. Alexander, C. Gosselin, R. McCall, J. Castagno, B. Dooley Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Correspondence and Announcements: A memorandum from the Zoning Enforcement Officer dated June 23, 2008 requesting clarification to a motion made at the June 11th Regular Meeting for deck stairs on 4 Toms Road, Map 6, Lot 15. The two Board members who were the makers of the motion stated that it was made clear in the minutes. The motion failed to detail what was actually granted, A. Fogg and C. Gosselin reiterated what they and the Board thought they granted. The stairs shall not be any closer than 9 feet to the neighbors property line. There is a 42" square platform with 6 steps and 7 risers projecting to the northern side of the existing porch deck. C. Gosselin wants to refer back to the minutes which he feels were clear. There will be a 9' separation distance from the stairs to
the property line, the Board concurred.
Minutes: A Motion was made by R. McCall, seconded by D. Alexander to approve the Minutes of the June 11, 2008 Regular Meeting. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, C. Gosselin, J. Castagno, B. Dooley 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 July 9, 2008 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, C. Gosselin, J. Castagno, B. Dooley 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, August 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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