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Zoning Board of Appeals Minutes 03/11/2009
DECISIONS/MOTIONS/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, March 11, 2009 at 7:30 p.m. at  the Town Hall, First Floor Conference Room, 302 Main Street, heard and decided the following appeals:

Seated for this evenings meeting and voting were the following members:  Dorothy Alexander, Vice Chairman, Julius Castagno,  Joan Strickland, Brian Dooley, alternate, Wendy Farah, alternate
Present:  Allan Fogg, alternate, Kim Barrows, Clerk
Absent:  Rex McCall, Chairman, Chris Gosselin

The meeting was then called to order at 7:30 p.m.

The following  public hearing was conducted, as well as the decision making session.  The meeting has been recorded on tape and the following action was taken:

The Vice Chairman introduced the Board members who were seated for this evenings meeting. The Vice Chairman then proceeded to read the Legal Notice into the record and outlined the order of the public hearing and the regular meeting.

08/09-27C – Estate of Constance F. Keleher seeks a variance of  Par. 10.7.1 (nonconformity), Par.10.8.2 (nonconformity/ lots), Par.10.8.4 (nonconformity/lots), Par. 24.5.1 (streetline setback/25' required/proposed 14.3' ) and Par. 24.5.3 (setback/other - 15' required/7.4' proposed) of the Zoning Regulations to permit interior remodeling, peaked roof over first floor enclosed porch to be removed, exterior balcony constructed with access from the second floor master bedroom, an existing dormer on the northeast side of the house to be removed and a full shed dormer to be constructed on property located at 27 Knollwood Drive, Map No. 4,  Lot No. 126.

Present: William A. Childress, Esquire, agent for the applicants; Mr. & Mrs. Michael O’Reilly, applicants

Attorney Childress gave a brief presentation.  Attorney Childress stated for the record that Mr. & Mrs. Michael O’Reilly are the new owners of the house and the sale of the house was not contingent upon obtaining a variance.  The house is year-round and is on a 6,750 sq. ft. lot (a lot and a half).  The existing house already violates the street and sideyard setbacks.  The proposal is a simple one, the applicants would like to remove the existing enclosed porch that has a peaked, pitched roof and replace it with a balcony over the top of the first floor.  The handicapped ramp that exists will be removed and a new uncovered front entrance with steps and a stoop will be built in its place.  On the northeast side, which is closest to the setback, the single dog house dormer will be removed and replaced with a full length dormer.  The dormer will be within the footprint of the floor below.  There will be some minor additions made to the southwest side of the property but that portion is within the building area.  The footprint remains the same and a variance will not be required for floor area.  

The hardship is that the dwelling was constructed on one of the lots prior to the purchase of the half lot.  It was also constructed prior to the current setbacks.  There is no additional land available to make the property wider.  The current house is in line with the other houses on the street.  This property is like the other beach properties where the lots can’t conform with the existing regulations.   The B-100A has been approved by the Health District.  The applicants have neighborhood support.  The following letters in favor were read into the record.  A letter from Wilfred Guite of 23-25 Knollwood; Helen Gautieri of 29-33 Knollwood; Leonard Feroleto of 30 Knollwood; Mr. Kenney of 26 Jarvis; Kevin Danby of 21 Knollwood and 22 Jarvis.  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 felt that the design was good and in keeping with the neighborhood.  J. Castagno stated that the neighbor most affected in the northwest corner did not object.  B. Dooley stated that the ramp being removed would improve view from the street.  

A Motion was  made by J. Strickland, seconded by J. Castagno to GRANT Application No. 08/09-27C.   The 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 application is also approved. No discussion and a vote was taken: In favor:  D. Alexander, J. Castagno,  J. Strickland, B. Dooley, W. Farah   Opposed: None  Abstaining:  None   The motion passed unanimously. 5-0-0

Minutes:   A Motion was made by J. Strickland, seconded by W. Farah to approve the  Minutes of the February 11, 2009 Regular Meeting.  No discussion and a vote was taken:  In favor:  D. Alexander,  J. Strickland, J. Castagno, B. Dooley, W. Farah  Opposed:  None  Abstaining: None   The motion passed unanimously. 5-0-0

Adjournment:  A Motion was made by D. Alexander, seconded by J. Strickland to adjourn the March 11, 2009 Regular Meeting of the  Zoning Board of Appeals. No discussion and a vote was
taken:  In favor: D. Alexander,  J. Strickland, J. Castagno, B. Dooley, W. Farah  Opposed:  None  Abstaining:  None   The motion passed unanimously. 5-0-0   The  meeting was adjourned at 8:00 p.m.

The next Regular Meeting of the ZBA will be on Wednesday, April 8, 2009 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.


Rexford McCall, Chairman        
Old Saybrook Zoning Board of Appeals
Old Saybrook, Connecticut  06475