MINUTES OF THE ZONING BOARD OF APPEALS
DECEMBER 10, 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, December 10, 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, Joan Strickland , Brian Dooley, alternate
Present: Kim Barrows, Clerk, Allan Fogg, alternate, Christina Costa, Zoning Enforcement Officer, Attorney Michael Cronin, counsel for the Board
Absent: Chris Gosselin, Wendy Farah, alternate
The meeting was then called to order at 7:35 p.m.
The Chairman asked the Board for a motion to move agenda items this evening so that Attorney Cronin could be present.
A Motion was made by R. McCall, seconded by J. Strickland to change the hearing format to wait for Attorney Cronin. Items III a. Inferrera and Public Hearing 08/09-17 Van Epps were moved. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, J. Castagno, J. Strickland, B. Dooley 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.
08/09-15 – Sally A. Yoselevsky, Trustee was granted variances for a garage but denied the upstairs office space on property located at 30 Sea Lane-1, Map No. 1, Lot No. 4. Attorney for applicant would like clarification of the Board’s approval.
After discussions with Attorney Burnham, Chairman McCall and Attorney Cronin, this matter was withdrawn and will come back before the Board next month with a new application
PUBLIC HEARING:
08/09-18 C – Rock R. & Laura K. Martel seek a variance of Par. 2.1 (no structure constructed or reconstructed except in conformity w/regs.), Par. 7.4.10 (tidal wetland setback/50 ft. required/0 proposed/retaining wall will be placed along tidal boundary) and 24.5.5 (c) (accessory structure setback/ 10 ft. req./1.5 ft proposed north sideline) of the Zoning Regulations to permit reconstruction of retaining wall on property located at 78 Neptune Drive, Map No. 8, Lot No. 52.
A letter dated December 9, 2008 from Robert L. Doane, Jr., P.E. of Doane Collins Engineering was read into the record stating that they would like the public hearing opened but continued to the January 14, 2009 meeting. Attorney Cassella was present and asked the Board to not open the public hearing this evening but defer the opening until the January 14, 2009 meeting.
A Motion was made by R. McCall, seconded by J. Castagno to DEFER THE OPENING OF THE PUBLIC HEARING UNTIL JANUARY 14, 2009. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, J. Castagno, J. Strickland, B. Dooley Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
08/09-19 C – Paul L. & Kimberly Tarascio seek a variance of Par. 7.4.10 (tidal wetlands-50 ft. req./15.9 ft. proposed), Par.10.8.2 (nonconformity/lots), Par.10.8.4 (nonconformity/lots), Par. 24.3.1 (a) 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. 24.5.3 (setback/other - 15' required/12.7' north/6.4 ft. south (+/-) proposed) and Par. 24.6.2 (building/structure coverage - 20% allowed/24.5% proposed) of the Zoning Regulations to permit removal of existing dwelling and construct new year-round single family dwelling compliant with flood ordinance on property located at 26 Walker Ave., Ext., Map No. 14, Lot No. 49.
Present: William A. Childress, Esquire, agent for the applicant; Mr. Paul Tarascio, applicant
Attorney Childress gave a brief presentation. This is a long, narrow lot that does not meet the lot coverage requirement. The applicant is removing the existing dwelling, which then triggers all of the necessary variances to re-qualify the lot in order to construct a new dwelling. The new dwelling will meed all flood standards, a new code compliant septic system will be installed, the ground coverage will be slightly reduced and the setbacks will increase slightly. The hardship is the small, narrow lot which is made smaller due to the amount of tidal wetlands on the property. With the lot being narrow, it infringes on the side setbacks. There was discussion on the fact that the lot has “difficult” soils and the applicant has been working on septic issues. The house can’t be moved because of the location of the septic system, since its location is due to the type of soil in that area. Rick Staub from Point One Architects discussed the floor plans for the new house. The house
has been raised to meet the flood plain elevation. Discussion of the sideyard setbacks. The Board mentioned that the height of the house can’t exceed 35 feet. Board members also discussed ground coverage, currently it is at 30.7%, proposed is 24.5%. R. McCall felt the deck was quite large and could be reduced in size to make the ground coverage percentage lower.
The following letters in support of the project were entered into the record: (all letters are the same and are not dated) Mr. Leonard Rossicone of 14A Walker Ave. Ext., Phil Ireland, Jr. Of 24 A Walker Avenue Ext., Michael Alfano of 18 A Walker Ave. Ext., Elaine Pruchnicki of 18 Walker Ave., Roger Fink of 3 Walker Ave., Paul Dellaripa of 1 Walker Ave., William Wilbur of 1 Buckingham Ave., Lucy Mozzicato of 1 Barnes Rd. South, Brenda and Tim Brown of 24 Walker Ave., Donna Queiros of 5 Buckingham Ave., Christopher Farrell of 21 Walker Ave., Connie Tanasi of 17 Walker Ave., Eugene and Sheri Lubas of 25 Walker Ave., Fran Guerrera of 7 Barnes Road South, Charlotte Edkin of 8 Walker Ave., Pete Riley of 5 Barnes Road South. A letter dated December 4, 2008 from Virgina C. Riley of 27 Walker Avenue was entered into the
record in support. R. McCall mentioned a letter submitted by Attorney Childress regarding the definition of balcony. The Chairman then opened the floor for comments from the audience either in favor or in opposition. Mr. Tim Brown of 24 Walker Avenue spoke in favor. Mrs. Pruchnicki of 18 Walker Avenue spoke in favor. There was no further audience participation and no further Board comments. The public hearing closed at 8:10 p.m.
Deliberation:
Discussion with respect to the public hearing that closed this evening. This proposal is an improvement over what currently exists. There will be a new septic system installed. There was unanimous neighborhood support for the proposal. D. Alexander stated that the deck could be smaller to cut back on the coverage. J. Strickland stated that since the deck is in the air, there is no impact on the wetlands. The consensus of the Board was to grant the application.
A Motion was made by B. Dooley, seconded by J. Castagno to GRANT Application No. 08/09-19C -Tarascio. The septic will be replaced, the project meets the flood plain ordinance and has neighborhood support. There will be a reduction in bedrooms from four to three. The CAM is approved. Discussion: applicant to submit an as-built survey to prove that project meets the zoning requirements, especially height. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, J. Castagno, J. Strickland, B. Dooley Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Attorney Cronin arrived -
Certificate of Zoning Compliance #08-081 & Associated Variance Approvals for 16 Uncas Road, Assessor’s Map 1, Lot 120 (Inferrera).
Christina Costa the Zoning Enforcement showed the Board two plans on this property. One plan was the approved plan and the other was the plan of what is existing now. The consensus of the Board was to have the applicant either conform to the plan approved by the Board and return the room to the open porch or re-apply to the Board to keep the room.
08/09-17 – Van Epps Construction seeks a variance of Par. 34.6.3 (setbacks from other property line/one sideline 20 ft. req./4.1 ft. proposed and the other sideline 20 ft. req./11.3 ft. proposed) of the Zoning Regulations to permit continuance of the building contractor use and the farm on property located at 47 Spencer Plains Road, Map No. 25, Lot No. 25.
Present: Edward Cassella, Esquire, agent for the applicant
Attorney Cassella gave his presentation. There was a site walk on December 6, 2008 that the Board members attended. Mr. Van Epps is seeking variances to allow the buildings on the site to remain where they are currently located. The site is directly between the railroad on the south and the turnpike on the north, exit 66 (Spencer Plains Road), the west borders Westbrook. In 1975 Joan VanEpps and Donald VanEpps sought and obtained an approval from the DEP and Wetlands Commission of Old Saybrook to have a bulky waste land fill on the site. This operation closed in the 1990's and is now a grassy area. Currently the applicant has a site plan approval to operate a construction business out of the site and two landscaping businesses which currently occupy the two small buildings on the site. The
blue building is on the western side and the red building is on the eastern side. There is a larger red structure on the site which houses Mr. VanEpps construction operation and that is not before the Board because the setbacks have been grandfathered in. The variances he is seeking are for the two small buildings for Mertens Landscaping and Tom’s Lawn Care. The site is a result of a taking from the CT Highway Department to build 1995. Attorney Cassella showed a landscaping plan, which shows a very busy site with 5 acres condensed into one plan. The Architectural Review Board has suggested placement of additional landscaping on the site. The ARB has taken the position that the buildings are in the NW corner and the landscaping should be concentrated on screening the view from the highway and the railroad tracks. A Site Plan has not yet been approved. The western side of the property is used for farming, where cows graze on top
of the grassed in landfill. The blue building is 12' off the property line, and the red building is 4' off the property line. The building area is limited due to the wetlands on the Westbrook side and there is a need for a 24' access way for two way driving. There currently exists a natural buffer due to the existing vegetation and the topography. Discussion as to what you see when you come off the highway. There are no setbacks to the south where the railroad is, but that is also where the bulky waste site is. There is really no impact on the neighbors. There is not a B-100 a required since there is no water in any of the buildings. Attorney Cronin addressed the Board stating that the Board had to look at this application as if it was vacant land and consider the hardships from there. The applicant should not be penalized for past behavior. The Board discussed in length the topography, the view from the highway and the reality that
the 20' buffer strip would not make a difference due to the slope. J. Castagno stated that he uses that exist quite often and has never noticed those two buildings. The Board also discussed if moved closer to the landfill, the buildings would be more visible. The consensus was that it will be very difficult to add additional vegetation due to the slope, which creates the hardship, the property is unique. A letter was received from the Westbrook Zoning Enforcement Officer, Nancy Rudek stating that “it doesn’t appear that the location of the structures will have an adverse impact on the Town of Westbrook.” 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.
Deliberation:
Discussion with respect to the public hearing that closed this evening. The variances are for the existing buildings to remain in their current location on the site. The Board discussed that if the buildings were moved away from the setback they would become more visible.
A Motion was made by R. McCall, seconded by J. Strickland to GRANT Application No. 08/09-17 -Van Epps Construction. The two buildings will remain where they are with the 12' and 4' setback from the State property line. The hardship is the large difference in the elevation between the two properties of the State and Van Epps rendering the two buildings invisible from the exit ramp. It does not conflict with the intent of zoning and there is no adverse impact on the neighboring properties. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, J. Castagno, J. Strickland, B. Dooley Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
08/09-20 – Albert & Rebecca DeAngelo seek a variance of Par.10.7.1 (nonconformity/ improvements/ enlargement), Par.10.7.2 (nonconformity/improvements) and Par.22.5.1 (setback from streetline - 35 ft. req./11 ft. proposed) to permit an addition of living space to the existing dwelling on property located at 10 Rock Ridge Drive, Map No. 46, Lot No.10-20.
The Board asked the applicants if they would consider continuing the public hearing until next month in order to see if they can possibly move the addition to the rear of the property. The rear yard is quite large and placement in the rear would eliminate the large encroachment into the sideyard. There is a right-of-way on the side where the addition is proposed and there was discussion as to ownership and possible future development. A letter was read into the record from Mr. & Mrs. Kinsella who request the public hearing be continued to further look into the right-of-way issue. The Chairman then opened the floor for comments from the audience either in favor or in opposition. Mrs. Kinsella spoke, stating that they would like the public hearing continued to research the right-of-way issue.
There was no further audience participation and no further Board comments at this time. A motion was made to keep the public hearing open.
A Motion was made by R. McCall, seconded by J. Strickland to CONTINUE THE PUBLIC HEARING UNTIL JANUARY 14, 2009. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, J. Castagno, J. Strickland, B. Dooley Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
08/09-21 – William T. & Mary E. Greene seek a variance of Par. 24.3.1 (a) modified by Par. 10.8.3 (minimum lot area - 12,500 s.f. req./12,038 s.f. proposed) of the Zoning Regulations to permit removal of existing dwelling and construct new year-round single family dwelling with attached garage on property located at 1 Bayberry Road, Map No. 4, Lot No. 84.
Present: William A. Childress, Esquire, agent for the applicant; Mr. William Greene, applicant.
Attorney Childress gave a brief presentation. The house is in Knollwood on the corner of Maple Avenue and Bayberry. The existing home is an odd shape and the applicant would like to remove the structure and build a new year round home. The only variance being requested is for the lot, not the house since it will conform with the regulations. The lot size is 12,308 square feet and the lot requirement is 12,500 square feet. This is a straight forward application. Mr. Staub from Point One Architects was present to answer any questions regarding the floor plan. The house will be “L” shaped with terraces built on grade. There is no additional land available to add to the lot size. There was discussion of the lot sizes in the area. This is a large lot.
The hardship is that no additional land can be added to the lot making it impossible to comply with the regulations. R. McCall did feel that this was a unique situation. Mr. Greene stated that he discussed the proposal with his neighbors and they were in support. They were glad to see the existing, outdated house be removed. The Chairman then opened the floor for comments from the audience either in favor or in opposition. There was no audience participation, but a letter dated November 25, 2008 from John and Carol Ieronimo of 2 Bayberry was read into the record in support. The Board asked about the septic, it will be replaced. 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. This proposal is meeting all the regulations except lot area. There is no other land available to add to the lot. The consensus of the Board was to grant this one variance.
A Motion was made by D. Alexander, seconded by B. Dooley to GRANT Application No. 08/09-21 -Greene. The only variance requested is the size of the lot. It is a very small difference and there is no other area available to add to the size of the lot. The project will enhance the neighborhood and it doesn’t conflict with the intent of zoning. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, J. Castagno, J. Strickland, B. Dooley Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
REGULAR MEETING:
Minutes: A Motion was made by R. McCall, seconded by J. Castagno to approve the Minutes of the November 12, 2008 Regular Meeting. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, J. Castagno, J. Strickland, 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 December 10, 2008 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was
taken: In favor: D. Alexander, R. McCall, J. Castagno, J. Strickland, B. Dooley 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, January 14, 2009 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
| 
