MINUTES OF THE ZONING BOARD OF APPEALS
AUGUST 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, August 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: Rex McCall, Chairman, Dorothy Alexander, Vice Chairman, Julius Castagno, Chris Gosselin, Joan Strickland
Present: Brian Dooley, alternate, Wendy Farah, alternate, Christina Costa, Zoning Enforcement Officer and Kim Barrows, Clerk
Absent: Allan Fogg, 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:
08/09-03C – Richard and Marion Mazzella seek a variance of Par.10.7.1 (nonconformity/ improvements/ enlargement), Par. 23.5.1 as modified by Par. 7.4.4 (No. Cove Road) (street line setback 43.5' req./12.8' proposed/balcony 11.8') and Par. 23.5.1 (Cromwell Place) (streetline setback 35' req./3' garage extension to 15.8' from property line)of the Zoning Regulations to permit removal of non-historic portions of existing dwelling and relocate and replace them with a two story addition, also expansion of the existing garage by approximately three feet by relocating its westerly wall and expanding the interior on property located at 174 North Cove Road (North Cove Historic District), Map No. 32, Lot No. 17.
The Chairman, Rex McCall, opened the hearing and asked for a continuance in accordance with the letter submitted by Attorney Royston dated August 13, 2008. This application needed to be submitted to the Gateway Conservation Commission for its recommendation. That meeting will be held on August 28, 2008.
A Motion was made by R. McCall, seconded by C. Gosselin to CONTINUE THE PUBLIC HEARING to SEPTEMBER 10, 2008 on Application No. 08/09-03C -Mazzella. No discussion and a vote was taken: In favor: D. Alexander, C. Gosselin, R. McCall, J. Castagno, J. Strickland Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
08/09-04 – Andrew J. and Leslie L. Stratton seek a variance of Par.10.7.1 (nonconformity/ improvements/ enlargement), Par.10.8.2 (nonconformity/lots), Par.10.8.4 (nonconformity/lots), Par. 24.3.1 modified by Par. 10.8.3 (minimum lot area), Par. 24.3.2 a (minimum dimension of square), Par. 24.3.3 (minimum frontage/50' required/40' proposed), Par. 24.3.4 (minimum width along bldg. line), Par. 24.5.1 (Mohican)(streetline setback/30' required/12.9' proposed), Par. 7.4.4 (Wildwood) (narrow street setback/30' required/19.5' required) and Par. 24.5.2 (setback/rear property line /15' required/4.0' proposed) of the Zoning Regulations to permit demolition of existing year-round single family dwelling with detached garage and construction of new year-round dwelling (no garage) on property located at 2 Mohican Road (14 Wildwood Road), Map
No. 3, Lot No. 198.
Present: William A. Childress, agent for the applicants; Mr. & Mrs. Stratton
Attorney Childress gave his presentation. This is a small, single (4,000 s.f.) lot with a single family dwelling on it. The existing ground coverage is 22.9% and the proposal is to remove the house and garage and construct a new single family dwelling with ground coverage of 19.5%. This will remove a nonconformity with respect to ground coverage. The lot is shallow and has to comply with narrow streetline setbacks. There will be a new septic system installed and that system was approved by the Health District. Several letters in support were entered into the record: a form letter dated June 16, 2008 in favor signed by the following neighbors - Ronald H. George whose parents purchased 1 Mohican Road and transferred ownership to him; Thomas & Debra Morgan of 17 Indianola Drive; Chris Macri of 25
Indianola Drive; Robert C. & Stella George of 21 Indianola Ave; Daniel & Lori Price of 15 Wildwood Road; Donald & Betty Olivieri of 21 Wildwood Road; Frank Pierce of 20 Wildwood Road; Jackie & Chet Mounts of 1 Wildwood Road; Shaun T. Burke of 27 Wildwood Road; Kristie & David Gallitto of 8 Wildwood Road; Frank & Diane Gilchrist of 7 Wildwood Road and Leona Cohen of 10 Wildwood Road. Attorney Childress stated that the height of the house will be 31feet. This is a simple proposal and the variances asked for are for “re-qualifying” the lot once the house is demolished. J. Strickland asked if the square footage noted on the plan (1,564 s.f. for 39% floor area) included the “third floor” square footage of 372 feet. The Board went to recalculate the floor area percentage. It appeared that the 372 square feet was not included in the calculation on the plan, which would then increase the floor area to exceed the
40% allowed. Attorney Childress asked if the public hearing could remain open to look into this and the Board agreed.
The public hearing was held open due to a difference in the actual floor coverage calculated on the plan to what was stated on the plan. It appears that the third floor square footage (372 s.f.) was not included in the floor area coverage and therefore it exceeds the allowed 40%. A variance for the floor coverage was not asked for at the time of the application. The applicants requested a continuance to recalculate the ground coverage.
A Motion was made by R. McCall, seconded by C. Gosselin to CONTINUE THE PUBLIC HEARING to SEPTEMBER 10, 2008 on Application No. 08/09-04 -Stratton. No discussion and a vote was taken: In favor: D. Alexander, C. Gosselin, R. McCall, J. Castagno, J. Strickland Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
08/09-05C – Colleen D. Lallier, Trustee seeks a variance of Par. 58.2.2 (Riparian Buffer Area/Gateway Conservation Zone) and Par. 58.6 (setback/Gateway Conservation Zone/100' from associated wetlands of the CT River required/proposed 96' from South Cove and 51' from associated wetlands on the NW side of lot) of the Zoning Regulations to permit demolition of existing year-round single family dwelling and construction of new year-round single family residential dwelling with detached garage on property located at 14 Mulberry Street (South Cove), Map No. 24, Lot No. 5.
The Chairman, Rex McCall, opened the hearing and asked for a continuance in accordance with the letter submitted by Attorney Royston dated August 13, 2008. This application needed to be submitted to the Gateway Conservation Commission for its recommendation. That meeting will be held on August 28, 2008.
A Motion was made by R. McCall, seconded by C. Gosselin to CONTINUE THE PUBLIC HEARING to SEPTEMBER 10, 2008 on Application No. 08/09-05C -Lallier. No discussion and a vote was taken: In favor: D. Alexander, C. Gosselin, R. McCall, J. Castagno, J. Strickland Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
08/09-06 – DJB Construction, LLC seeks a variance of Par.10.7.1 (nonconformity/ improvements/ enlargement), Par.10.8.2 (nonconformity/lots), Par.10.8.4 (nonconformity/lots), Par. 24.3.1 modified by Par. 10.8.3 (minimum lot area), Par. 24.3.2 a (minimum dimension of square), Par. 24.3.4 (minimum width along bldg. line) and Par. 24.5.1 (streetline setback/30' required/proposed 23.2' Bayview/14.7' Oyster Point) of the Zoning Regulations to permit demolition of existing single family dwelling with attached garage and construction of new year-round dwelling (no garage) on property located at 4 Bayview Avenue, Map No. 14, Lot No. 137.
Present: Attorney William A. Childress, agent for the applicant; Mr. Dan Beaudoin, applicant.
Attorney Childress gave a presentation. The lot is 60' wide and just under 12,000 sq. ft. (11,772). There area 682 square feet of wetlands in the southeast corner of the lot (which is not included). The proposal is to remove the existing structures and construct a new dwelling. The new structure will be in almost the same footprint as the existing structure. The house cannot be moved due to the setbacks since this is a corner lot, the proximity of the wetlands and the placement of the septic system. The new septic has been approved by the Health District. The hardship is the long narrow shape of the lot, the two narrow streetline setbacks and the wetlands area. R. McCall asked about the overhangs and if they are included in coverage calculation. Attorney Childress stated they are not
included since they are decorative and not used as living space. Attorney Childress produced a copy of the definition of eaves from a dictionary stating the definition - “eaves” projecting underside of a pitched roof. Chris Costa, the ZEO, read Section 7.4.2 of the Regulations and the eaves may project into the setback and are not counted. There will be an increase in bedrooms from 2 to 3. The following two letters were read into the record: Lynn Bendett of 10 Bayview dated August 11, 2008, would like, if granted, a condition imposed for adequate parking due to the right of way on Oyster Point Road for ingress and egress. A letter from Kathryn Van Utt of 125 Ingham Hill Road who used to live in the house who has concerns re wetlands and road.
The Chairman then opened the floor for comments from the audience either in favor or in opposition. There was no one in favor of the application. Opposed was Joanne Wisch of 5 Bayview. Their concern is the septic and the wetlands, since the wetlands seem to be increasing over the years. Water is encroaching over the road and destroying the road base. There are worries over the fire hydrant being blocked if there are cars parked on the narrow road. If there is to be no garage, how many cars will be parked on the lot or on the street. Jerry Young of 5 Oyster Point Road has same concerns re parking and fence line. Carolyn Jackson of 1 Oyster Point Road feels too much house, not in keeping with the neighborhood. Bill Rayder of 15 Oyster Point, same concerns. Ray Shuman of 8
Bayview, same concerns re parking and road access. J. Castagno stated that upon inspection of the house, it is a safety concern and should be demolished. Ray Shuman of 8 Bayview asked if the residents would be notified prior to demolition and the ZEO said yes, the Building Department would notify the neighbors. There was no further audience participation and no further Board comments. Attorney Childress stated that if off street parking was to be an issue, the applicant would like the public hearing kept open to address the issue and submit a new plan for review at the next meeting.
The Board agreed and the public hearing did not close this evening. Attorney Childress asked that if the Board was going to require that parking be shown on the plan, he would request that the public hearing remain open in order to provide that information. The Board agreed since the parking issue on the street was a major concern to the neighbors.
A Motion was made by C. Gosselin, seconded by J. Castagno to CONTINUE THE PUBLIC HEARING to SEPTEMBER 10, 2008 on Application No. 08/09-06 -DJB Construction, LLC. The applicant will provide the Board with additional parking information for the proposed home and site, that will be identified on a site plan from Angus McDonald showing a minium of two parking spaces with the possibility of three. No discussion and a vote was taken: In favor: D. Alexander, C. Gosselin, R. McCall, J. Castagno, J. Strickland Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
08/09-07 – Hubert and Marina Tomlinson seek a variance of Par. 7.4.10 (wetlands setback/50' required/40 +/- proposed) and Par. 24.5.2 (setback/rear property line /15' required/10.8' +/- proposed) of the Zoning Regulations to permit an addition of an unheated, three season room of 336 s.f. on property located at 10 Kenn Road (Chalker Beach), Map No. 18, Lot Nos. 48 & 49.
Present: Attorney William A. Childress, agent for the applicants; Mr. & Mrs. Hubert Tomlinson, applicants
Attorney Childress gave a brief presentation. This is a modest proposal and addition to the property on Kenn Road. Kenn Road is less than 25' and is not considered a street so street setbacks do not apply. The lot is a double lot. There is only a small portion of the sunroom which is in the wetlands area and a small portion encroaching into the rear setback. This is a year round home and the sunroom will not be heated, which is a condition from the Health District for its approval. The hardship is the existing location of the house on the lot. The sunroom addition is following the existing lines of the house. The house was built in the late 1950's or early 1960. The following form letters all dated August 6, 2008 were submitted in support: Lynn & Carlos Orlando of 5 Kenn Road;
Roberta Baggott of 7 Kenn Road; Thomas Fitzpatrick of 8 Kenn Road; Ann Marie Aguiar of 5 Pelser; Anthony & Julia Bacewicz of 1 Clark Avenue and Linda & Gus Lindine and Richard J. Smalley of 6 Kenn Road. D. Alexander asked about the type of foundation for the sunroom and that if it was left open for water flow that would not impact the wetlands. C. Costa addressed that issue by saying the flood engineer, Geoff Jacobson, would make that determination based upon the foundation proposed by the applicant. 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 8:50 p.m.
REGULAR MEETING:
Discussion with respect to the public hearing that closed this evening. D. Alexander stated that the foundation should be an open type of foundation allowing water flow due to its proximity to the wetlands. Chris Costa, the Zoning Enforcement Officer asked that the Board not condition the approval on the type of foundation for the sunroom. The applicant will apply for a certain type of foundation and the flood engineer and building inspector will determine the type of foundation that best suits the situation. The Board agreed with that and stated that the addition was a small encroachment into the wetlands setback.
A Motion was made by R. McCall, seconded by J. Castagno to GRANT Application No. 08/09-07 - Tomlinson. This conforms with the existing neighborhood, is a very minor encroachment on the wetlands and the rear line setback already exists on the existing home which setback has the approval of many of the adjacent neighbors. No discussion and a vote was taken: In favor: D. Alexander, C. Gosselin, R. McCall, J. Castagno, 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 July 9, 2008 Regular Meeting. Discussion: D. Alexander stated that on the third page under DeCorleto, C. Gosselin “felt that a condition should be added that the applicant perform an As-Built Survey”, she wants the word “perform” changed to “submit”. C. Gosselin agreed to the change of the word. No further discussion and a vote was taken: In favor: D. Alexander, R. McCall, C. Gosselin, J. Castagno, J. Strickland 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 August 13, 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, J. Strickland Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 9:00 p.m.
The next Regular Meeting of the ZBA will be on Wednesday, September 10, 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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