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, May 13, 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, Chris Gosselin, Julius Castagno, Joan Strickland
Present: Brian Dooley, alternate, Kim Barrows, Clerk
Absent: Allan Fogg, alternate and Wendy Farah, alternate
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 HEARINGS
08/09-31C Louis Treschitta seeks a variance of Par. 25.5.3 (setback/other - 15' required/ 6.3' existing) and Par. 7.4.10 (tidal wetlands setback/50' required) of the Zoning Regulations to permit removal of existing seasonal dwelling with shed and wood deck and replace with new seasonal two story dwelling with deck, shed to be removed on property located at 14 Burgey Road, Map No. 18, Lot Nos. 105 & 106.
Present: Mr. Treschitta
Mr. Treschitta gave a brief presentation. The dwelling is an existing 22’ x 23’ seasonal cottage which is to be demolished and rebuilt. Applicant has Wetlands and Health District approval. The proposal is to build a second floor and stay within the existing footprint, but will be raised in order to place pilings to meet the FEMA code. The reason for demolition is that the existing cottage is deteriorating and would not be able to sustain the weight of the second story. There will be a new code compliant septic system. There was discussion regarding grading, the applicant stated that there will be fill for the septic system but not more than 4 or 5 inches around the septic. The existing shed is to be removed. Discussion that Burgey Road is not an accepted Town Road. The Chairman then opened the floor for comments from the audience, either in favor or opposed. There was no audience participation and the public hearing closed at 7:41 p.m.
Voting Session
Discussion with respect to the public hearing that closed this evening. The proposal is to demolish the existing 22' x 33' dwelling and replace it with a same size two story dwelling. The house will be on pilings to meet the flood ordinance and remain seasonal. The proposal was approved by the Inland Wetlands and Watercourses Commission and the Regional Health District. The hardship is replacing the deteriorating, existing dwelling.
A Motion was made by D. Alexander, seconded by R. McCall to GRANT Application No. 08/09-31C - Treschitta. Applicant has pertinent approvals from the concerned agencies and applicant is replacing the deteriorating building already there. The CAM is approved since there is no adverse impact. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Castagno, C. Gosselin, J. Strickland Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
08/09-32C Anita Mielert seeks a variance of Par. 10.7.1 (nonconformity), 10.7.2 (nonconformity/change), Par. 10.8.2 (nonconformity/lots), Par. 24.5.1 as modified by Par. 7.4.4 (narrow street) (streetline setback/40' required/existing 19.2') and Par. 24.6.2 (maximum bldg. coverage 20% required/21.8% existing) of the Zoning Regulations to permit matching the garage to the house which was renovated in 2005, replace siding and roof on garage changing pitch and adding two shed dormers on property located at 32 Sea Lane (Cornfield Point), Map No. 1, Lot No. 005.
Present: Mr. & Mrs. Mielert
Mrs. Mielert gave a brief presentation. The home is a year-round home that is currently used seasonally. The house has been restored but the detached garage is deteriorating and is in need of repair. The proposal is to change the roof lines to match the renovated house. Mrs. Mielert presented the Board with pictures of the existing house and also pictures of other garages in the area. The garage floor plan shows three closets in the space above the garage for storage. They will be lined with cedar. There was a question as to how much square footage would be above the garage and Mrs. Mielert answered that there will be less than 150 s.f. The proposed height of the garage is 19’ 11”. The hardship is the narrow street and the existing garage encroaches into the
setback. The lot is only 55’ wide not the required 100’. The garage can’t be expanded on the side since the septic system is between the house and the garage. This project is in harmony with the rest of the homes in the area. Mrs. Mielert also stated that the design is in keeping with the historic nature of a Cape Cod cottage and there will be no change in the structure itself, just the roof line. The following letters were submitted in support: James & Salvatrice Keating of 24 Sea Lane dated May 11, 2009 and Dr. & Mrs. Yoselevsky of 30 Sea Lane dated May 6, 2009. The Chairman then opened the floor for comments from the audience, either in favor or opposed. There was no audience participation and the public hearing closed at 8:05 p.m.
Voting Session
Discussion with respect to the public hearing that closed this evening. This is a change to the existing garage to make it blend in with the house and applicants propose storage above the garage. There is Board concern that the space above the garage will one day be turned into living space. Applicants state that the are rough framing the walls but putting in some closets that will be lined with cedar for storage. The Board discussed adding a condition to the motion that the space will remain storage only.
A Motion was made by R. McCall, seconded by J. Strickland to GRANT w/condition Application No. 08/09-32C - Mielert - to permit new roof and siding to garage with two shed dormers. Hardship is existing garage exceeds the required setback from the home, no space available to add any additional land. By adding new roof and siding the garage will be in harmony with the house. The condition is that there will be no living space above garage, it shall be for storage only. The CAM is approved since it meets all applicable coastal policies. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Castagno, C. Gosselin, J. Strickland Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
08/09-33C Mikael S. Bjorkman seeks a variance of Par. 10.8.2 (nonconformity/lots), Par. 10.8.3 (nonconformity/lots), Par. 24.5.1 (streetline setback 25' required/22.2' proposed) and Par. 24.5.3 (setback/other - 15' required/12.3' proposed) of the Zoning Regulations to permit demolition of existing dwelling and replace with 3 bedroom dwelling, shed to remain and new code compliant septic system to be installed on property located at 34 Clinton Avenue, Map No. 16, Lot No. 048.
Present: Mr. Joseph Wren, P.E., agent for the applicant and Mr. Bjorkman, applicant
Mr. Wren gave a brief presentation. The proposal is to demolish the existing three bedroom dwelling and replace with a new three bedroom dwelling. The Health District approved the septic. Mr. Wren went over the variances requested. The lot is 138 s.f. shy of the required 12,500 s.f. The only encroachment into the setbacks are the proposed steps. The hardship is the irregular shaped lot and two street setbacks that need to be met. The applicant is reducing the nonconformities. The proposal is architectural in keeping with the neighborhood. A variance was previously granted for a similar project but the time limit expired. R. McCall and C. Gosselin questioned the height of the structure. The height is 34’6” which is very close to the 35’
limit. The applicant was cautioned not to exceed the 35’. The following letter was entered into the record in support of the project – Robert & Kathryn Marra of 33 Clinton Avenue dated May 6, 2009. The Chairman then opened the floor for comments from the audience, either in favor or opposed. There was no audience participation and the public hearing closed at 8:25 p.m.
Voting Session
Discussion with respect to the public hearing that closed this evening. Variances were granted for this application in 2007 and the variance expired. The variances requested are for two sets of steps on the house that protrude into the street setbacks. There will be a new septic system.
A Motion was made by C. Gosselin, seconded by R. McCall to GRANT Application No. 08/09-33C - Bjorkman. The Board has granted the approval once before and it is even become more conforming with most recent proposal than the one in the past, the addition of the septic system helps the public health in this area, the coverages are reasonable and the project is in harmony with the neighborhood. The CAM is approved as well. Discussion - concern about not exceeding the 35' height requirement. No further discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Castagno, C. Gosselin, J. Strickland Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
08/09-34 Patricia Walden seeks a variance of Par. 10.7.1 (nonconformity), 10.7.2 (nonconformity/change), Par. 33.4.2 (min. dimension of square 100' req./70.04' proposed), Par. 33.4.3 (min. frontage 100'/70.04' proposed), Par. 33.6.3 (setback other 15' required/5.04' proposed) and Par. 33.7.1.a (max. bldg. coverage 3,000 s.f. req./3,148 s.f. proposed) of the Zoning Regulations to permit retail shop with exterior facade improvements to include new siding, windows, porches and trim. Demolition of existing 2nd floor egress stair on exterior building to south, build new fireproof egress stairs inside building, new entry stair and ramp to be covered from elements and front parking area to be revised for handicap access on property located at 1234 Boston Post Road, Map No. 28, Lot No.
12.
Present: Jill Cartagena of Point One Architects, Old Lyme, agent for the applicant.
Ms. Cartagena gave a brief presentation outlining for the Board all of the changes that will be made to the property. The new structure will be made code compliant with building and handicap accessibility. The hardship is by covering the porch, it kicks the project over 3,000 s.f. The building also currently encroaches into the setback on the east side. There will be new cedar siding and windows. The proposal was approved by the Architectural Review Board back in April. This new design will enhance the safety of those entering and leaving the building. The Chairman then opened the floor for comments from the audience, either in favor or opposed. There was no audience participation and the public hearing closed at 8:47 p.m.
Voting Session
Discussion with respect to the public hearing that closed this evening. This is a facade change to the existing building that will also make the ingress and egress code compliant and safer for the public. There will be a wraparound porch that will be covered and encompass the handicap access. The Board felt this was a very attractive design and will enhance the neighborhood
A Motion was made by C. Gosselin, seconded by R. McCall to GRANT Application No. 08/09-34 - Walden. The facade renovations are in character with the neighborhood and will be a vast improvement to the property. The wraparound porch will provide additional safety in inclement weather and the fire egress is an important matter to consider for public safety. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Castagno, C. Gosselin, J. Strickland Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
08/09-35 Frederick and Sandra Sattler seek a variance of Par. 10.8.2 (nonconformity/ lots), Par. 24.5.2 (rear setback 15' required/3' proposed) and Par. 24.5.3 (setback/other - 15' required/ 5' proposed) of the Zoning Regulations to permit addition of a detached garage on property located at 345 Maple Avenue (Cornfield Point), Map No. 3, Lot No. 26 WITHDRAWN by letter submitted by Attorney Childress on May 13, 2009, applicant to reapply.
REGULAR MEETING
New Business: None
Old Business: None
Minutes: A Motion was made by R. McCall, seconded by D. Alexander to approve the Minutes of the April 8, 2009 Regular Meeting. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, J. Strickland, J. Castagno Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Adjournment: A Motion was made by R. McCall, seconded by C. Gosselin to adjourn the May 13, 2009 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, J. Strickland, J. Castagno Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 8:50 p.m.
The next Regular Meeting of the ZBA will be on Wednesday, June 10, 2009 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.
Respectfully submitted,
Kim N. Barrows, Recording Clerk
Old Saybrook Zoning Board of Appeals
Old Saybrook, Connecticut 06475
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