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, June 10, 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, Julius Castagno, Joan Strickland, Chris Gosselin
Present: Allan Fogg, alternate, Kim Barrows, Clerk
Absent: Brian Dooley, alternate, 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.
08/09-36 – Paul Burdick Oil Co., LLC seeks a variance of Par. 10.6.1 (nonconformity-use/enlargement) and Par. 10.6.2 (nonconformity-use/change)of the Zoning Regulations to permit expansion of 2nd floor over existing office space for record storage on property located at 950 Middlesex Turnpike, Map No. 62, Lot No. 49.
A letter from Paul Burdick was entered into the record requesting the Public Hearing be opened and continued to the July 8th meeting.
A Motion was made by R. McCall, seconded by C. Gosselin to CONTINUE the PUBLIC HEARING until the JULY 8, 2009 REGULAR MEETING on Application No. 08/09-28C - Butler. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, J. Castagno, J. Strickland, C. Gosselin Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
08/09-37 – James Allen and Kathy Beta Price seek a variance of Par. 7.4.10 (tidal wetlands setback/50' required/25.4' proposed), Par. 10.8.2 (nonconformity/lots), Par. 10.8.4 (nonconformity/lots), Par. 24.5.1 (streetline setback 25' required/21.9' proposed), Par. 24.3.1 (minimum lot area/20,000 s.f. required/9,895 s.f. upland) and Par. 24.3.4 (minimum width along bldg. line/100' required/95' +/- proposed) of the Zoning Regulations to permit demolition of existing building and construct new year-round dwelling with attached garage on property located at 49 Woodland Drive, Map No. 4, Lot No. 67.
Public Hearing:
Present: William A. Childress, Esquire, Agent for the applicant; Mrs. Price, applicant
Attorney Childress gave a brief presentation. The lot is a double lot and the home will be built in substantially the same footprint. There was discussion with respect to the wetlands setback and about how in 1980 a variance was granted to allow only a 25' setback from the wetlands area. An application was before the Board a couple of months ago and the sentiment at that time was the Board would allow an encroachment into the front setback if the house didn’t encroach further into the wetlands setback in the rear. The existing deck encroachment in the rear will be removed, the 25' +/- setback into the wetlands will be restored, the house closer to the road with a 21.9' setback and the encroachment into the sideyard will be eliminated. The hardship is that the 50' wetlands setback and
the 50' street setback restricts building area. The lot was created and dedicated to residential use and there are no lot coverage or floor area issues. The septic is to be relocated and has the health district approval. The Coastal Area Management application is carried forward from the previous application. A letter from Bernard Scott of 43 Woodland Drive dated June 8, 2009 was entered into the record in favor of the application. The Chairman then opened the floor for comments from the audience either in favor or in opposition. Shirley Dahlstrom of 55 Woodland Drive wanted to know how drainage would impact their property and wanted the issue of drainage on the record. There was no further audience participation and no further Board comments. The public hearing was closed at 7:47 p.m.
Voting Session
Discussion with respect to the public hearing that closed this evening. The consensus of the Board was that a new septic will be installed which is a plus to the Town and a new house design has been proposed. The existing house is in bad shape. In 1980 a variance was granted to vary the wetlands setback to the existing 25'. This proposal keeps that 25' separation distance from the wetlands but moves the house 5' closer to the street. J. Strickland stated that the size of the lot, the 50' wetlands setback along with the streetline setback by trying to meet them would make the lot unbuildable. There was discussion of no additional fill being added to the property and that a drainage swale would be placed on the property to mitigate water runoff.
A Motion was made by J. Castagno, seconded by C. Gosselin to GRANT Application No. 08/09-37C - Price. The hardship is the fact that the street setback and wetlands to the rear allow no other place to build. Current home is in bad shape and should be taken down. The house will be moved 5' forward from the wetlands. A new septic has been approved by the Health District. The CAM application is also approved since there is no adverse impact on the wetlands. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Castagno, J. Strickland, C. Gosselin Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
08/09-38 – Samuel Moncatta seeks a variance of Par.10.7.1 (nonconformity), 10.7.2 (nonconformity/change), Par. 24.5.1 as modified by Par. 7.4.4 (narrow street) (streetline setback/30' required/proposed 9.5'), Par. 24.5.3 (setback/other - 15' required/14' proposed) and Par. 24.6.2 (maximum bldg. coverage 20% required/26.1% proposed) of the Zoning Regulations to permit removal of existing front entry stair and landing and replace with larger landing and steps with railings to code on property located at 25 Mohican Road (Cornfield Point), Map No. 3, Lot No. 116.
Public Hearing:
Present: Tom Wimler, General Contractor, Agent for the applicant
Mr. Wimler gave a brief presentation. There is an existing 4' x 4' platform with 4 rise steps. The proposal is to replace the existing steps, that do not meet the code, with stairs, steps and railings that will comply with the code. The house has recently been renovated and the stairs need to be updated in keeping with the look of the home. The steps will be 9 ½ feet from the street and this distance will be maintained. 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 at 8:05 p.m.
Voting Session
Discussion with respect to the public hearing that closed this evening. C. Gosselin stated that this was a common sense approach to safety by changing out the existing stairs and making them code compliant. R. McCall stated that the existing stairs are already encroaching into the setback and they are not code compliant. The contractor stated that he will maintain a 9 ½ foot setback from the street.
A Motion was made by R. McCall, seconded by J. Strickland to GRANT w/condition Application No. 08/09-38 - Moncatta. The hardship is that the current entrance stairway is deteriorating and is not code compliant. Discussion: D. Alexander wanted to add a condition that the “stairs will adhere completely to the 9 ½ foot separation distance from the road as per plans submitted”. It was agreed and made a part of the motion, seconded by J. Strickland. No further discussion and a vote was taken: In favor: D. Alexander, R. McCall, J. Castagno, J. Strickland, C. Gosselin Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
08/09-39 – Frederick and Sandra Sattler seek a variance of Par. 10.8.2 (nonconformity/ lots), Par. 24.5.2 (rear setback 10' required/3' proposed), Par. 24.5.3 (setback/other - 10' required/ 5' proposed) and Par. 24.5.1 (streetline setback 25' required/21.83' 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.
Public Hearing:
Present: William A. Childress, Esquire, Agent for the applicant; Mrs. Sattler, applicant
Attorney Childress gave a brief presentation. The proposal is to construct a detached garage on a uniquely shaped lot. The lot size is 5,520 square feet. The proposal meets all lot area and floor area requirements, the only variances being requested are for the side, rear and streetline setbacks. The setbacks will be 5 fee on one side and 3 feet on the other, the garage can’t be pulled closer to the house due to the placement of the septic system. The hardship is the configuration of the lot, the absence of building area, the orientation of the house and the placement of the septic system. The health district has approved the application. A letter in favor from Barbara and Ernest Bernstein of 344 Maple Avenue dated June 3, 2009 was submitted for the record. The
Board discussed the drywell and the septic system and why the garage can’t be moved closer. The Chairman then opened the floor for comments from the audience either in favor or in opposition. Sandra Kudrowski of 22 Saltaire Drive wants to know why the 10' distance cannot be kept. There was no further audience participation.
The Board kept the public hearing open due to the question that arose as to whether or not applicants could maintain a 5' setback in the rear versus the 3' setback proposed. On the plan there is a notation of a dry well located in the area between the house and the garage. Members questioned if moving the garage the additional two feet over toward the house would impact the “reserve area” for the septic. After lengthy discussion, the consensus of the Board was that it would like to see at least a 5' setback in the rear as well as the sideyard. Mr. Sattler stated that the Health District performed test holes and ascertained that there was room for a reserve area for the septic in the area of the proposed garage location. It was unclear as to whether or not the garage could be moved
the additional two feet closer to the house without impacting the “reserve area”. It was at this time that the Board made a motion to continue the public hearing in order to obtain input from the Health District.
A Motion was made by R. McCall, seconded by D. Alexander to CONTINUE the PUBLIC HEARING until the JULY 8, 2009 REGULAR MEETING on Application No. 08/09-39 - Sattler to obtain further information from the Health District. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, J. Castagno, J. Strickland, C. Gosselin Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
08/09-40 – Steven Gudzunas seeks a variance of Par. 24.6.2 (maximum bldg. coverage 20% required/26.3% proposed)of the Zoning Regulations to permit an 8' x 10' shed with a height of not more than 10' on property located at 23 Clearwater Road, Map No. 003, Lot No. 081.
Public Hearing:
Present: Mr. Gudzunas, applicant
Mr. Gudzunas gave a brief presentation. The proposal is place a shed in the rear of the property 6' back from the property line. The hardship is the size of the lot, this is an area where lots sizes are similar and other homes in the area have small shed or garages. A letter in favor from Mr. Miano of 17 Hartlands Drive dated June 7, 2009 was entered into the record. Mr. Gudzunas stated that the house does not have a full basement even though there is a hatchway. There is only a small crawlspace for storage. The shed will be a custom built shed and will be aesthetically pleasing. Mr. Gudzunas also explained the hardship of keeping flammable liquids in the home. He also stated that he was give verbal approval from his neighbors about the construction of the shed. 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 at 8:37 p.m.
Voting Session
Discussion with respect to the public hearing that closed this evening. R. McCall stated that there are many sheds in the area that are used for storage of flammable liquids, mowers, patio furniture, etc. C. Gosselin stated that the hardship for “storage” is weak, but would not want storage of lawn mowers, power tools and gasoline in the living space. J. Castagno stated that it would not adversely affect anything by having the shed.
A Motion was made by C. Gosselin, seconded by J. Castagno to GRANT Application No. 08/09-40 - Gudzunas. The proposal is in harmony with the neighborhood, the shed will meet the setback requirements for that area and that the slight increase in the building coverage on the lot is minor in nature. Also the shed will provide safe storage of cooking fuel and gasoline. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, J. Castagno, J. Strickland, C. Gosselin Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
08/09-41 – Pat A. and Susan L. Settembrino seek a variance of Par.10.7.1 (nonconformity), Par. 10.8.2 (nonconformity/lots), Par. 10.8.4 (nonconformity/lots) and Par. 24.5.1 (streetline setback 33.5' required/26.6' proposed) of the Zoning Regulations to permit addition of 1 ½ story garage and other additions shown on plans, including partial 2nd floor over existing home, remove outdoor shower and steps and relocate septic on property located at 45 Sea Lane-2, Map No. 19, Lot No. 249.
Public Hearing:
Present: William A. Childress, Esquire, Agent for the applicants; Mr. & Mrs. Settembrino
Attorney Childress gave a brief presentation. The applicants would like to add a 1 ½ story garage and other additions to the dwelling. There is a narrow street setback of 33 ½ feet and the house already encroaches into the setback. The house will maintain setbacks that are greater than the 25' for a normal street setback although the narrow street setback is the 33.5'. Other homes in the area are closer to the road. The hardship is the narrow street setback and granting of this variance would do no “violence” to the zoning regulations. Several letters in favor were submitted into the record all dated May 26, 2009, they are: Steven and Kiane Krupa of 39 Sea Lane; Bernard and Carol Kowalski of 41 Sea Lane; Joe and Nancy Villaescusa of 66 Sea Lane; John Catalano of 49
Sea Lane; Mr. & Mrs. Fred Paladin of 52 Sea Lane; Carol Huntley of 54 Sea Lane; Stephen McGuigan of 10 Attawanhood Trail; Jesse and Lynn Lombard of 16 Attawanhood Trail; Michael and Lisa Gilson of 12 Attawanhood Trail; Richard Diamond of 51 Sea Lane; Marie and Domenic Tropeono of 64 Sea Lane. The applicants have approval from the health district. D. Alexander told the applicants to be mindful of the 35' height limitation. Discussion as to access to attic space. The Chairman then opened the floor for comments from the audience either in favor or in opposition. Jesse and Lynn Lombard of 16 Attawanhood Trail spoke in favor. There was no further audience participation and no further Board comments. The public hearing was closed at 8:55 p.m.
Voting Session
Discussion with respect to the public hearing that closed this evening. The proposal complies with the regulations except for in the front. Granting of the variances does not affect the overall zoning of the Town. C. Gosselin stated that the house is not protruding into the street setback as much as the homes on either side.
A Motion was made by C. Gosselin, seconded by D. Alexander to GRANT Application No. 08/09-41 - Settembrino. The project is in harmony with the neighborhood. None of the coverages or newly proposed dimensions will be encroaching any further into the setbacks except for the issues in the front with the garage but the garage will not encroach any further than the existing home. This 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 purpose of our zoning plan and this appeal is not in conflict with the purposes set forth in the Old Saybrook zoning regulations. No discussion and a vote was taken: In favor: D. Alexander, R.
McCall, J. Castagno, J. Strickland, C. Gosselin Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Minutes: A Motion was made by R. McCall, seconded by C. Gosselin to approve the Minutes of the May 13, 2009 Regular Meeting. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Strickland, J. Castagno, C. Gosselin 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 June 10, 2009 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Strickland, J. Castagno, C. Gosselin Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 9:15 p.m.
The next Regular Meeting of the ZBA will be on Wednesday, July 8, 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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