MINUTES OF THE ZONING BOARD OF APPEALS
OCTOBER 8, 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, October 8, 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: Kim Barrows, Clerk, Allan Fogg, alternate (arrived at 7:50 p.m. not seated)
Absent: Brian Dooley, alternate, Wendy Farah, alternate
The meeting was then called to order at 7:30 p.m.
The Chairman, R. McCall, asked if the members would be agreeable to modifying the Agenda to hear an appeal and then decide on that appeal after the close of the public hearing. The reason is that since there are several appeals on the Agenda tonight, if the Board had to continue to another night and some members were not available, the appeal could be heard and decided with those members present on that particular night. It would also allow the audience members to be present and heard and not sit here all evening waiting for a decision or have to come back another night. The Board members agreed.
A Motion was made by R. McCall, seconded by C. Gosselin to vary the Agenda to hear the appeal and then decide the appeal. 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
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.
CONTINUED PUBLIC HEARINGS:
08/09-10C – Kathryn Galanto and Bart Bozzi seek a variance of 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), Par. 24.5.1 as modified by Par. 7.4.4 (narrow street) (streetline setback/30' required/proposed 15.3'), Par. 24.5.3 (setback/other /15' required/13.0' west/7.6' east proposed) and Par. 24.6.2 (maximum building structure coverage) of the Zoning Regulations to permit demolition of existing seasonal three bedroom single family dwelling and construction of new two bedroom year-round single family dwelling with new septic and compliant with flood ordinance on property located at 27 Red Bird Trail (Indiantown), Map No. 13, Lot No. 21 – WITHDRAWN
PUBLIC HEARINGS:
08/09-11C – Brian A. and Christine A. Rogoz seek a variance of Par. 24.3.1 modified by Par. 10.8.3 (minimum lot area), Par. 24.3.2 a (minimum dimension of square) and Par. 24.3.4 (minimum width along bldg. line) of the Zoning Regulations to permit removal of existing one story dwelling with attached garage and construct new two story dwelling on property located at 41 Fenwood Drive, Map No. 5, Lot No. 13.
Present: Christina P. Burnham, Esquire, agent for the applicants; Mr. & Mrs. Rogoz
Attorney Burnham gave a brief presentation. The only variances requested pertain to the lost size. The requirement is 12,500 square feet and this lot has 12,240 square feet. The applicants are short 260 square feet and there is no contiguous land available to add on to the property. The existing one story dwelling is to be replaced with a two story home that will meet all setback requirements and is under the coverage. This project is in harmony with the neighborhood and comes with many benefits, i.e. new code compliant septic system, flood compliance and will meet all setbacks. A note in favor from Elmer and Angela Chiarappa of 33 Fenwood Drive (not dated). The Chairman then opened the floor for comments from the audience either in favor or in opposition. Ms. Katherine Pitkin of 37 Fenwood Drive spoke
in favor of the application. There was no further audience participation and no further Board comments. The public hearing closed at 7:47 p.m.
Deliberation:
Discussion with respect to the public hearing that closed this evening. This is a large lot and there is no contiguous land available to add to the lot size. No adverse impacts to the neighborhood. There are a number of benefits, i.e. new code compliant septic system and the house to meet all flood plain requirements. The applicant was cautioned that since the plan shows the height of the house as 35' from existing grade, they will have to be very careful when building to not exceed the 35' height requirement.
A Motion was made by J. Strickland, seconded by R. McCall to GRANT Application No. 08/09-11C -Rogoz, 41 Fenwood Drive. To accept the building plans as shown and for a survey to be done with regards to an As-built survey for the foundation so that it complies with the setbacks and that the 35' height restriction can be properly adhered to. The hardship is the lot size, it is 260 s. f. smaller than the required 12,500 s. f. required by Section 10.8.3. 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 approved. 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
08/09-12C – John Willsey seeks a variance of Par. 7.4.10 (wetlands setback), Par.10.7.1 (nonconformity/ improvements/ enlargement) and Par.10.7.2 (nonconformity/ improvements/ change)of the Zoning Regulations to permit construction of an attached 16' x 22' one car garage with an office/study above on property located at 41 Cypress Road, Map No. 3, Lot No. 375.
Present: Alexander Tighe, Esquire, agents for the applicants
Attorney Tighe gave a brief presentation. This is a “re-application” of the variance request heard in January of 2008. The hardship is the vast amount of wetlands on the property and the increased wetlands setback. The property is located entirely in the B flood zone. The garage size has been decreased from the original January application of 24' x 24' to 16' x 22' and it is also further from the wetlands boundary. It was discussed that other homes in the area have garages and the encroachment has been minimized from what was originally planned. D. Alexander asked if it would be used as a bedroom, the answer was no. C. Gosselin asked about the wetlands boundary and it has increased five feet from the original proposal of 38'. 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 8:08 p.m.
Deliberation:
Discussion with respect to the public hearing that closed this evening. C. Gosselin stated that the wetlands setback from the previous application in Jan. of 2008 has been increased from 33' to 38'. There was discussion that the existing shed is in the wetlands. D. Alexander stated that she did not find a hardship for the garage to encroach that far into the wetlands. R. McCall stated that the hardship is the irregular shape of the lot which makes it unique. R. McCall feels this does not threaten the wetlands. C. Gosselin stated that the topography is unique and is a hardship; he would agree to grant the variance if the 10x12 shed is removed, which shed is in the wetlands area.
A Motion was made by C. Gosselin, seconded by J. Castagno to GRANT w/condition Application No. 08/09-12C - Willsey. The variance is granted for the proposed 16' x 22' garage as indicated on the site plan. The condition is that the shed noted on that plan be completely removed from the property and that all storage will be taking place in the proposed garage. The hardship is the topography of the land on the westerly side with the wetlands boundary and the steepness in grade, the applicant has no other area to expand the use of the property. This would be an improvement to reduce the nonconformity of the existing shed and allow the garage. 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 approved. 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
08/09-13C – Jean Golicz seeks a variance of Par. 7.4.10 (wetlands setback) and Par.10.7.1 (nonconformity/ improvements/ enlargement) of the Zoning Regulations to permit addition of a second floor above existing garage on property located at 536 Main Street, Map No. 23, Lot No. 9-2.
Present: Christina P. Burnham, Esquire, agent for the applicant and Ms. Golicz, the applicant
Attorney Burnham gave a brief presentation. The property located on Main Street is a large, long lot that goes back to North Cove. The Health District reviewed the proposal as a three bedroom home and signed off on the proposal. The proposed addition is above an existing garage which is already within the 50' wetlands setback. There will be no new construction to disturb the ground surrounding the garage. The hardship is that there is no other buildable area on the lot, the yard slopes in the front, the placement of the septic system and if applicant needed to have new construction, it would put the project over the 50% rule that applies to FEMA regulations. Also the 50' wetlands setback currently goes through the existing home. The following letters were submitted in favor: Kathleen and David
Smith of 514 Main Street and Thomas and Bonnie Farnham of 520 Main Street dated September 30, 2008. The Chairman then opened the floor for comments from the audience either in favor or in opposition. Ms. Sue Robinson of 540 Main Street spoke in favor. Ms. Golicz stated that there will be no change in the footprint. There was no further audience participation and no further Board comments. The public hearing closed at 8:30 p.m.
Deliberation:
Discussion with respect to the public hearing that closed this evening. D. Alexander felt this was a reasonable solution. There will be no further encroachment than already exists. C. Gosselin and the rest of the Board agreed. There will be no change in the footprint and no disturbance of the wetlands.
A Motion was made by D. Alexander, seconded by C. Gosselin to GRANT Application No. 08/09-13C -Golicz. This is a reasonable solution to a problem of needing more space and it does not encroach any further on the wetlands or the protected area near them. It also does not adversely affect the zoning ordinances. The hardship is the shape, size and location of the lot which makes it difficult to do anything. The CAM is approved. 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
08/09-14 – Sea Lane, LLC seeks a variance of Par. 7.4.4 (narrow street setback), Par.10.7.1 (nonconformity/ improvements/ enlargement), Par.10.7.2 (nonconformity/ improvements/ change) and Par. 24.6.1 (maximum floor area 40%/proposed 41%) of the Zoning Regulations to permit construction of a bedroom in existing space above existing detached garage on property located at 14 Sea Lane-1, Map No. 3, Lot No. 11.
Present: Mr. Phili Ponzek, applicant and Mr. Kennedy, architect
Both Mr. Ponzek and Mr. Kennedy shared in presenting the application to the Board. The applicant would like to build a bedroom above the existing garage. The house was built in 1988 and was granted variances to build it due to the narrow lot. The applicant purchased the house four years ago and at that time it had 3 bedrooms and one bath. The applicants decided to combine two of the smaller bedroom into one that was larger bedroom with a bath, thus rendered the home with two bedrooms. The applicants need more space but the proposal puts it over the floor coverage by one percent (existing 37% to 41%). The hardship is the house is a two bedroom house where most homes have 3 bedrooms. It would increase potentially increase the future value of the home. The lot is an odd shape on a narrow street
and was built on the original footprint. A letter in favor from Joe and Marylou Mucci of 18 Sea Lane dated September 16, 2008. 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 8:45 p.m.
Deliberation:
Discussion with respect to the public hearing that closed this evening. J. Strickland felt that this was a self-created hardship, D. Alexander agreed. The applicants originally had a three bedroom home, but due to the size of the bedrooms, they combined two small bedrooms to make one large room, thereby reducing the number of bedrooms to two. Now applicants want to have a three bedroom home. D. Alexander has a problem with finding a hardship on this application. There was discussion as to the staircase increasing the floor coverage. The Board requested that the floor coverage be reduced from 41% to the required 40%. A hardship can’t be financial or just because everyone else has one.
A Motion was made by R. McCall, seconded by D. Alexander to DENY w/out Prejudice Application No. 08/09-14 -Sea Lane, LLC. Sufficient hardship has not been shown. Discussion: applicant needs to find a hardship; also needs to reduce coverage. No further 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
08/09-15 – Sally A. Yoselevsky, Trustee seeks a variance of Par.10.8.2 (nonconformity/lots), Par. 24.5.1 as modified by Par. 7.4.4 (narrow street) (streetline setback/40' required/proposed 19.3'), Par. 24.5.3 (setback/other /15' required/3.2' proposed), Par. 24.6.1 (maximum floor area 40%/proposed 40.6%) and Par. 24.6.2 (maximum building structure coverage 20%/proposed 26.4%) of the Zoning Regulations to permit removal of existing garage and replace with new garage structure with upstairs office space (no plumbing) on property located at 30 Sea Lane-1, Map No. 1, Lot No. 4.
Present: Christina P. Burnham, Esquire, agent for the applicant and Denise VonDassel, architect.
Attorney Burnham gave a brief presentation. This is a small, narrow pre-existing lot less than a third of what a conforming lot would require. Applicants would like to take down existing garage and rebuild a garage with office space above on the same footprint. The structure is not sound due to termite damage. There will be a small “bump out” on the structure for the staircase to the office above. The septic system is located between the garage and the house limiting building in any other area. There is also no on street parking. The coverage goes from 26.1% to 26.4% which is an increase of 3/10ths of a percent and on this lot that increase amounts to 43.2 square feet. Denise VonDassel explained that the increase in coverage is due to the staircase enclosure since it has to be to
code and is fully enclosed. There will be electric heat in the office space and no plumbing. The hardship is the very small pre-existing lot, the placement of the septic and the leaching fields and the staircase enclosure. There was discussion with respect to hardship, Ms. VonDassel mentioned need for parking, D. Alexander noted the narrow lot and discussion of the termite damage. 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 9:30 p.m.
Deliberation:
Discussion with respect to the public hearing that closed this evening. D. Alexander stated that the narrowness and size of the lot justifies the 6/10 increase in the coverage. The garage is angled slightly and cannot be straightened due to the placement of the septic system. J. Strickland stated that there was a garage originally without a room above and if the garage needs to be replaced, it should just be a garage. Discussion of the nonconformity being expanded. There is really no hardship to justify the workspace. J. Strickland stated that the only hardship heard was for off-street parking. The sentiment of the Board was to grant the variance for just the garage. There was lengthy discussion regarding the hardship for justifying the room above.
A Motion was made by J. Castagno, seconded by J. Strickland to GRANT Application No. 08/09-15 -Yoselevsky replacing the garage only, no office space above. The garage will be replaced on the existing footprint without the room above. The hardship is the narrowness of the lot, the problem with the septic system falling between the house and the garage. The existing condition of the garage is very poor, it is infested and must be removed anyway. 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
REGULAR MEETING:
Minutes: A Motion was made by R. McCall, seconded by D. Alexander to approve the Minutes of the September 10, 2008 Regular Meeting and the September 17, 2008 Special Meeting. 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
Correspondence and Announcements: A letter dated September 24, 2008 from Attorney William Childress regarding the Galanto/Bozzi appeal stated that the application would be withdrawn and his clients would “re-work” the plans and resubmit. He asked if the Board would consider the fee for the new application.
A Motion was made by R. McCall, seconded by C. Gosselin to MODIFY the fee from $210.00 to the straight application fee of $130.00, eliminating the fee for the CAM application. 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 9:45 p.m.
Adjournment: A Motion was made by R. McCall, seconded by J. Strickland to adjourn the October 8, 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 9:45 p.m.
The next Regular Meeting of the ZBA will be on Wednesday, November 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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