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, February 11, 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, Julius Castagno, Chris Gosselin
Present: Brian Dooley, alternate, Wendy Farah, alternate, Allan Fogg, alternate and Kim Barrows, Clerk
The meeting was then called to order at 7:30 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.
PUBLIC HEARING
Members seated for the DeAngelo application only: R. McCall, D. Alexander, J. Strickland, W. Farah, B. Dooley
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.
Present: Mr. & Mrs. DeAngelo, applicants
Mrs. DeAngelo showed the Board the letter they received from Michael Pace, the First Selectman dated January 29, 2009 which states that the Town does not wish to sell the right-of-way at this time. R. McCall stated that the applicants have done everything the Board has asked them to do. They have looked into purchasing the right-of-way, have neighbor support and looked into moving the addition to a different side of the house. The Board stated that this was a unique hardship based upon the position of the house on the land, the 35' setback and the right-of-way. At this hearing the Board learned the history of the right-of-way that dated back to the 1970's to repair a bridge. The Town can’t use the portion it owns to make an access road since the abutting neighbor owns the connecting
piece to make it through the other side. In the event something is done with the right-of-way, there is still a 14' setback from that right-of-way.
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 was closed.
Voting Session
The Board discussed this variance request and the evidence presented. The applicants have done everything the Board has asked. The proposed addition can’t really be in the rear or to the right of the house due to topography and flooding. The proposed placement is aesthetically pleasing. Discussion of the right-of-way not being used since established in the early 1970's when it was established for a bridge repair.
A Motion was made by R. McCall, seconded by J. Strickland to GRANT Application 08/09-20 DeAngelo. The addition to be constructed as shown on the drawings (facing the house on the left side). The hardship is the unique situation due to the Town’s right-of-way. The Town can’t use this right-of-way unless it acquires title to the remaining section between that and Dibble Road now privately owned. The Selectmen do not have an objection to the variance. 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
08/09-25C – Ruth-Ann Hockert seeks a variance of Par. 24.5.3 (setback/other - 15' required/4.5' proposed) of the Zoning Regulations to permit a two-story addition to the existing garage side of the house for storage/garage/office space on property located at 48 Old Boston Post Road, Map No. 29, Lot No. 09-003.
Present: Ms. Ruth-Ann Hockert, applicant
Ms. Hockert gave brief presentation. The house was built in 1993 and the applicant explains that there is not enough extra space for two people to work at home. This is a residential neighborhood next to the Town Library. The addition will be on the east side of the garage facing the Library property. The lot was evaluated and there are “wet” spots on the lot, i.e. wetlands. There is enough land the for the septic and a reserve system. If the variance is granted, the proposal would go to the Town’s engineer for review. Mr. Joseph Shea, of AJ Shea Builders stated that the builder would use smaller equipment in the construction of the addition. This was a concern from one of the abutters. There would be a slab on grade for the addition, so there would not be
a stock pile of dirt on the property.
Discussion re a similar proposal before the Board in 2005 and that proposal was denied. This proposal is still within the setback. The Board asked if the homeowner could expand over the existing garage. The homeowner stated that it would not be cost effective. The Board felt there was not a sufficient hardship. This is a three bedroom home with two occupants and the Board asked if the third bedroom could be used as the “office space”. A letter from Constance Alexios dated February 11, 2009 was entered into the record. Ms. Alexios stated that she did not have a problem with the addition but was concerned with the construction equipment going up and down the driveway.
Mr. Shea stated that this is an unusual lot with wetlands and swales. The expansion will be on the high side of the property. 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 was closed.
Voting Session
The Board discussed this variance request and the evidence presented. R. McCall stated that there was an almost identical proposal before the Board four years ago and it was denied. This current proposal states the hardship as a need for office space since both occupants of the house work at home. The addition would be on the library side and would be almost entirely in the setback.
A Motion was made by R. McCall, seconded by C. Gosselin to DENY Application No. 08/09-25 C - Hockert. Sufficient hardship has not been shown and the proposed addition would be almost entirely in the required setback and is similar to a proposal that was denied four years ago. No further discussion and a vote was taken: In favor: D. Alexander, R. McCall, J. Strickland, J. Castagno, C. Gosselin Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
08/09-26C – Karen Butler seeks a variance of Par. 10.7.1 (nonconformity), Par. 24.5.1 as modified by Par. 7.4.4 (narrow street) (streetline setback/30' required/proposed 27.81' existing) and Par. 24.5.3 (setback/other - 15' required/14.20' existing) of the Zoning Regulations to permit demolition of existing dwelling and construct new two-story dwelling (detached garage to remain) on property located at 68 Neptune Drive, Map No. 4, Lot No. 272.
Present: Christina P. Burnham, Esquire, agent for the applicant; Ms. Karen Butler, applicant
Attorney Burnham gave a brief presentation. Ms. Butler has owned the property for many years and planned to add a second story to the house. Due to a regulation change in 2008 the house will have to meet the flood plain requirements. Ms. Butler will demolish the existing house and rebuild on the same foundation but is required to fill in the basement per flood regulations. There is a small variance being requested since one corner of the existing foundation extends into the setback. Discussion as to moving the house back but if Ms. Butler moved hers back it would be out of line with the rest of the homes. This proposal asks that the existing garage remain on the property. It currently sits on a corner of the wetlands on the property. Attorney Burnham reviewed the variances
requested. The following letters were entered into the record in support: Susan and Herb Englund of 72 Neptune Drive dated February 1, 2009, Donna Staples of 70 Neptune Drive dated February 7, 2009 and Florence Davis of 64 Neptune Drive dated February 6, 2009.
C. Gosselin has an issue with the garage remaining in the wetlands area. Attorney Burnham stated that there is no where else to move it. Plus the garage is partially hidden from view and if it gets demolished, the wetlands will be disturbed due to its removal. The applicant wants to keep the garage storage since the basement will no longer be available.
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 was closed.
Voting Session
The Board discussed this variance request and the evidence presented. The proposed house will be built on the existing footprint. If moved back, will not be in line with the rest of the homes on the street. Discussion of existing nonconformities, i.e. the existing garage. Some members felt it should be removed. If removed, would create a disturbance in the wetlands area. Applicant would like the garage to remain since the basement if being filled with sand due to the flood requirements.
A Motion was made by J. Strickland, seconded by J. Castagno to GRANT Application No. 08/09-26 C - Butler. The proposed variance is basically keeping the same setbacks that originally exist and since the basement is being filled in due to the flood regulations there will not be any storage so keeping the garage as exists fills the need for storage. The CAM application is also approved. Discussion: C. Gosselin feels the garage should be removed. D. Alexander feels there should have been some sort of compromise, there are a lot of nonconformities on the lot. No further discussion and a vote was taken: In favor: R. McCall, J. Strickland, J. Castagno Opposed: D. Alexander, C. Gosselin Abstaining: None The motion failed to pass. 3-2-0
The variance request is denied.
REGULAR MEETING
Minutes: A Motion was made by R. McCall, seconded by D. Alexander to approve the Minutes of the December 6, 2008 Site Walk Minutes. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, J. Strickland, J. Castagno, C. Gosselin Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
A Motion was made by R. McCall, seconded by D. Alexander to approve the Minutes of the January 14, 2009 Regular Meeting with the following changes: Minute portion page 3 change under Yoselevsky motion add the now and delete not so that sentence reads “. . .to coverage which now keeps it below 40%.” No further discussion and a vote was taken: In favor: D. Alexander, R. McCall, J. Strickland, J. Castagno, C. Gosselin Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
New Business: There is a seminar for Land Use Agencies conducted by the Connecticut Bar Association on Saturday, March 28, 2009. Board members are encouraged to attend.
Adjournment: A Motion was made by R. McCall, seconded by J. Strickland to adjourn the February 11, 2009 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, J. Strickland, J. Castagno, C. Gosselin 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, March 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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