MINUTES
Zoning Board of Appeals
Town of Old Saybrook
NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Town of Old Saybrook at its Meeting that was held on Wednesday, January 14, 2009 at 7:30 p.m. in the first floor Conference Room, Town Hall, 302 Main Street, 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, Brian Dooley, alternate, Wendy Farah, alternate
Present: Kim Barrows, Clerk
Absent: Julius Castagno, Chris Gosselin, Allan Fogg, alternate
The meeting was then called to order at 8:05 p.m.
The following public hearings were conducted, as well as the decision making sessions. 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.
08/09-18 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 January 14, 2009 from Attorney Edward Cassella was submitted into the record withdrawing this application.
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 discussed this variance request and the evidence presented. The sideyard where the applicants want to build the addition is too close to the right-of way. There was discussion as to the applicants acquiring the right-of-way from the Town. The applicants submitted a letter requesting an extension to hold the public hearing open to look into acquiring the right-of-way from the Town.
A Motion was made by R. McCall, seconded by J. Strickland to CONTINUE THE PUBLIC HEARING UNTIL FEBRUARY 11, 2009. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, J. Strickland, B. Dooley, W. Farah Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
08/09-22C – Kathryn Galanto and Bart Bozzi seek a variance of Par.10.8.2 (nonconformity/ lots), Par.10.8.4 (nonconformity/lots), 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. 24.5.1 as modified by Par. 7.4.4 (narrow street) (streetline setback - 30' required/23.1' proposed) and Par. 24.5.3 (setback/other - 15' required/12.8' West/ 8.3' East proposed) of the Zoning Regulations to permit removal of existing dwelling and construction of new two-bedroom, year round dwelling on property located at 27 Red Bird Trail, Map No. 13, Lot No. 21.
Present: William A. Childress, Esquire, agent for the applicants; Mr. & Mrs. Galanto
Attorney Childress gave a brief presentation. The lot is a 5,085 sq. ft. lot in Indiantown. The dwelling is currently a three bedroom, seasonal home which violates the flood plain ordinance, has an antiquated septic system and violates the setbacks. The proposal is a year-round, two bedroom home that will be built close to the same footprint. The ground coverage will be 19.6%, just under the 20% allowed. Two of the setbacks will be improved over what exists currently. The house can’t be located anywhere else on the lot due to the wetlands in the north quadrant, the location of the new septic system in the rear and the narrow street setback requirement. The new construction will comply with the health code, the building code and the flood plain ordinance. It is also in
harmony with the surrounding homes. The following letters were submitted in support of the application: Mark & Doreen Ambert of 29 Red Bird Trail and Bart Bozzi who is the co-owner of the property. The Chairman then opened the floor for comments from the audience either in favor or in opposition. Ann Tumicuvis of 27 Pequot stated that she was satisfied that the septic would not be an environmental issue. D. Alexander asked Attorney Childress what the hardship was, he replied that it is a pre-existing lot, no additional land available to change the lot size or the width of the square, the narrow street setbacks and the narrowness of the lot. There was no further audience participation and no further Board comments. The public hearing closed at 8:35 p.m.
Voting Session -
Discussion with respect to the public hearing that closed. The hardship is the pre-existing lot, narrow street setback and narrowness of the lot. The house can’t be located anywhere else on the lot due to tidal wetlands in the north quadrant and the new septic which is placed in the rear of the property. Two of the setbacks are being improved over what already exist. The new construction will be in compliance with the flood ordinance, building code and health code.
A Motion was made by R. McCall, seconded by D. Alexander to GRANT Application No. 08/09-22 C - Galanto/Bozzi. The CAM approved. The plan has changed to comply with the front setback as far as possible in order to align with the homes in the immediate area. It will have a new septic system which has been approved by the Health District and will comply with the flood ordinance. Discussion: B. Dooley agrees and glad neighbors in favor or changes since last meeting. No further discussion and a vote was taken: In favor: D. Alexander, R. McCall, J. Strickland, B. Dooley, W. Farah Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
08/09-23 – 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' existing), Par. 24.5.3 (setback/other - 15' required/3.2' existing) and Par. 24.6.2 (maximum building structure coverage 20% proposed/ 26.1% existing) 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: Attorney Christina Burnham, agent for the applicant
Attorney Burnham gave a brief presentation. The applicants were before the Board previously and were granted the variances necessary to build the garage but stipulated no office space above. The applicants have redesigned the project to be below the 40% maximum floor area coverage which had been the concern of the Board at the last hearing. There will a one car garage with a smaller space for storage space above. The lot is 6,000 sq. ft. on a very narrow street. Attorney Burnham showed the Board similar garages in the area. The proposal is to go up over the garage which had been granted. The Health District’s B-100 A states that there will be no plumbing in the space. The following letter was entered into the record: Wolfried & Anita Mielert of 32 Sea Lane dated
January 10, 2009. 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.
Voting Session -
Discussion with respect to the public hearing that closed. The applicants have redesigned the project to reduce the floor coverage so that it is now below 40%. The hardship is the narrow lot, placement of the septic system and the narrow street setback. The proposal is also in harmony with the neighborhood. A variance in October, 2008 was granted to allow the garage and this proposal is for a second floor above the garage with no change in the footprint. A change is to be made to the October, 2008 minutes in the deliberation portion to state “3/10" not “6/10 increase in the coverage”.
A Motion was made by J. Strickland, seconded by R. McCall to GRANT Application No. 08/09-23 - Yoselevsky. Applicants have worked to make it work within the guidelines and a previous application was granted to allow the garage. This is a good solution to the Board’s previous objection to coverage which not keeps it below 40%. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, J. Strickland, B. Dooley, W. Farah Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
08/09-24 – Robert Sypek and Mary Sypek seek a variance of Par. 10.7.1 (nonconformity), Par.10.8.2 (nonconformity/lots), Par.10.8.4 (nonconformity/lots), Par. 24.5.3 (setback/other - 15' required/10.3' north/12.2' south (+/-) proposed) and Par. 24.5.1 as modified by Par. 7.4.4 (narrow street) (streetline setback - 30' required/proposed 15' existing) of the Zoning Regulations to permit addition of second floor space, move shed to conforming location and outside bar to remain on property located at 18 Attawanhood Trail, Map No. 19, Lot No. 270.
Present: William A. Childress, Esquire, agent for the applicants; Mr. & Mrs. Robert Sypek, applicants
Attorney Childress gave a brief presentation. This lot is 7,500 sq. ft. and 56 feet wide. The lot is very narrow and has angled frontage on a narrow street. The applicants will be moving the shed in the rear to a conforming location. The existing house as it stands violates the setbacks. The proposal is to add a second floor over a portion of the house. The following letters in support were entered into the record: Marie Happeny and (can’t read first name) Lambrecht of 19 Attawanhood Trail; Fred Mascola of 13 Attawanhood Trail; Lynn and Jesse Lombard of 16 Attawanhood Trail; Susan and Pat Settembrino of 45 Sea Lane; Deborah Catalano of 49 Sea Lane; Carl Della Calce of 22 Attawanhood Trail; Michael Gilson of 12 Attawahood Trail (all letters were the same form letter with
dates between January 9 and 13, 2009) and another letter from Jesse & Lynn Lombard of 16 Attawanhood Trail dated January 10, 2009. The hardship is the configuration of the lot (narrowness), the narrow street with the angled frontage and the placement of the existing house on the lot. The septic has been approved by the Health District which is located behind the house. The existing septic is to remain. D. Alexander stated that she is unhappy with the size of the deck. The Chairman then opened the floor for comments from the audience either in favor or in opposition. Fred Mascola of 13 Attawanhood spoke in favor, he stated that there is a pattern on upper Attawanhood of homes going through renovations and increasing the property values. Lynn Lombard spoke in favor as well and she is the neighbor right next door. J. Strickland stated that the plan updates the look of the house and that there were no neighborhood objections.
There was no further audience participation and no further Board comments. The public hearing closed at 9:15 p.m.
Voting Session -
Discussion with respect to the public hearing that closed. The lot is 7,500 s.f. and only 56 feet wide. The lot is narrow and has angled frontage. The applicants are not changing the footprint of the house, they are just going up over a portion of the house. The shed on the property is to be moved to meet the setback requirements.
A Motion was made by B. Dooley, seconded by J. Strickland to GRANT Application No. 08/09-24 - Sypek. Granting based on previous discussion of the Board, the fact that the applicant is going to relocate the shed so that it complies with zoning and there is no change in ground coverage. An additional hardship is the configuration of the lot due to the angle in the front. No building near septic system and applicant is not expanding the number of bedrooms. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, J. Strickland, B. Dooley, W. Farah Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Regular Meeting -
New Business:
1 ) Election of Officers: Nominations for Chairman, Vice Chairman and Secretary -
Chairman: D. Alexander nominated R. McCall to serve as Chairman, B. Dooley seconded the nomination. D. Alexander moved to close nominations for Chairman, B. Dooley seconded the motion. A vote was taken: In favor: D. Alexander, J. Strickland, B. Dooley, W. Farah Opposed: None Abstaining: R. McCall The motion passed. 4-0-1 Rexford McCall was elected Chairman.
Vice Chairman: R. McCall nominated D. Alexander to serve as Vice Chairman, W. Farah seconded the nomination. R. McCall moved to close nominations for Vice Chairman, W. Farah seconded the motion. A vote was taken: In favor: R. McCall, J. Strickland, B. Dooley, W. Farah Opposed: None Abstaining: D. Alexander The motion passed. 4-0-1 Dorothy Alexander was elected Vice Chairman.
Secretary: R. McCall nominated J. Strickland to serve as Secretary, D. Alexander seconded the nomination. R. McCall moved to close nominations for Secretary, D. Alexander seconded the motion. A vote was taken: In favor: D. Alexander, R. McCall, B. Dooley, W. Farah Opposed: None Abstaining: J. Strickland The motion passed. 4-0-1 Joan Strickland was elected Secretary.
2) Letter dated November 25, 2008 from Linda and Lou Kesselman to requesting an extension for demolition and rebuilding of dwelling on property located at 75 Plum Bank Road. The Board did not grant the extension and has requested that the property owners come before the Board in February to discuss their plans. The letter indicates it will no longer be a modular home and they are seeking a builder. Also the flood zone has been reconfigured and the Board wants to discuss this issue as well. A letter will go out to the property owners.
Minutes: A Motion was made by R. McCall, seconded by D. Alexander to approve the Minutes of the December 10, 2008 Regular Meeting with the following changes: Minute portion “Van Epps” change 1995 to I-95 and exist to exit. No further discussion and a vote was taken: In favor: D. Alexander, R. McCall, J. Strickland, B. Dooley, W. Farah Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Adjournment: A Motion was made by R. McCall, seconded by J. Strickland to adjourn the January 14, 2009 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, J. Strickland, B. Dooley, W. Farah Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 9:35 p.m.
The next Regular Meeting of the ZBA will be on Wednesday, February 11, 2009 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.
Kim N. Barrows, Clerk
Old Saybrook Zoning Board of Appeals
Old Saybrook, Connecticut 06475
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