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, August 12, 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, Julius Castagno, Joan Strickland, Wendy Farah, alternate
Present: Brian Dooley, alternate, Kim Barrows, Clerk
Absent: Chris Gosselin and Allan Fogg, alternate
The meeting was then called to order at 7:34p.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 Agenda into the record since both items were continued public hearings.
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.
Public Hearing:
Present: David Royston, Esquire, agent for the applicant; Paul Burdick, applicant
Attorney Royston gave a brief presentation and went over the history of the property. Originally, Valley Oil started an oil company in 1948 where oil trucks were parked and oil stored. This type of business had predated zoning. An oil company has done business on this property since 1948 prior to the enactment of the zoning regulations in 1973 which then made this type of business non-conforming in this zone. The hardship is the enactment of the regulations in 1973 in that the applicant wants to expand the house by adding a second floor for the storage of company records. Under the current Zoning Regulations, Sections 10.6.1 and 10.6.2 come into play wherein increasing the building use or structure is prohibited. The second floor addition is over the existing first floor office space.
The proposal is to re-side, replace windows and improve overall building. There are no other variances required. The proposal is in harmony with the overall comprehensive plan of zoning and the Architectural Review Board approved the proposal with the cupola. The residential area (Otter Cove) was built well after the oil company.
Attorney Royston read into the record the Architectural Review Board minutes, there will be no additional lighting, signage or landscaping. A letter from the Economic Development
Commission dated August 12, 2009 was entered into the record in support of the project.
The Chairman then opened the floor for comments from the public either in favor or in opposition. There was no audience participation and no further comments from the Board. The public hearing closed at 7:53 p.m.
Voting Session:
Discussion with respect to the public hearing that closed this evening. The consensus of the Board is that the renovations will be an improvement over what currently exists. The Architectural Review Board has approved of the design. The situation is unique since the original building was constructed in the 1940's prior to zoning to house an oil company and once zoning was enacted, the use in that area was prohibited.
A Motion was made by R. McCall, seconded by D. Alexander to GRANT Application No. 08/09-36 - Burdick. In that it represents a very unique parcel in that it was built prior to zoning and the proposed addition is for commercial use only, which would be a permitted use except that it is attached to a building that is for oil storage which is not permitted but predates zoning and the aesthetics and the appearance of the building will be greatly improved. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Castagno, J. Strickland, W. Farah 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/4' proposed), Par. 24.5.3 (setback/other - 10' required/ 10' proposed) and Par. 24.5.1 (streetline setback 25' required/23' 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 applicants; Mr. & Mrs. Sattler, applicants (For the record, Wendy Farah listened to the tape of the previous meeting)
Attorney Childress stated that this application was before the Board in June and continued to find out if the garage could be moved closer to the drywell and not interfere with the reserve area for the septic system. The applicant would like to put a free standing garage on the property but the Board had asked if the applied for setbacks could be increased. The new plan submitted shows the rear setback at 4’ and the sideyard setback at 10’ (previously the rear setback was 3’ and the side setback was 5’). The applicants worked with the Health District to approve the new setbacks. Since the garage has been moved, the applicants have achieved a better result with the street setback as well. The hardship is the trapezoidal shape of the lot and the small building area.
The proposal meets all other setbacks. Since the garage will sit on a slab, the structure needs to be only 5’ away from the leaching field.
The Chairman then opened the floor for comments from the public either in favor or in opposition. Ms. Carol Yannone of 3 Cottage Road spoke in favor. Attorney Childress stated that the drawing of the garage will remain the same in the file, only the size of the garage changes, it will be 12’ x 19’. There was no further audience participation and no further comments from the Board. The public hearing closed at 8:09 p.m.
Voting Session:
Discussion with respect to the public hearing that closed this evening. R. McCall stated that the applicants made every effort to comply with the setback requirements. But is wanting a garage for storage a hardship? D. Alexander stated that the addition of the garage will make for a very crowded lot. J. Strickland appreciated that the applicants made an effort to try and comply with the setbacks and has no objection. J. Castagno stated that one neighbor objected to having the garage 5' from the line and now it has been moved to comply with the 10' setback.
A Motion was made by J. Strickland, seconded by J. Castagno to GRANT Application No. 08/09-39 - Sattler. Due to the hardship of the shape of the lot and the fact that they have tried to conform with the sideyard setbacks, the distance also going from 3' to 4' in the rear and the need to keep the space for future septic they cannot go further, and the shape of the lot creates the hardship. Discussion: D. Alexander stated that the trapezoidal shape and size of the lot was the same as when the Sattlers purchased the property and is not considered a hardship. No further discussion and a vote was taken: In favor: R. McCall, J. Castagno, J. Strickland, W. Farah Opposed: D. Alexander Abstaining: None The motion passed. 4-1-0
09/10-01 C Rock R. And Laura K. Martel seek a variance of Par.10.7.1 (nonconformity) and Par. 7.4.10 (tidal wetlands setback/50' required/0' proposed) of the Zoning Regulations to permit replacement of the partially constructed wall and construct a new retaining wall system on property located at 78 Neptune Drive, Map No. 8, Lot No. 52.
A letter dated August 12, 2009 from Attorney Edward Casella requesting that the Public Hearing be opened and continued to the September meeting to await a response from the DEPs review of the application.
A Motion was made by R. McCall, seconded by J. Castagno to CONTINUE the PUBLIC HEARING until the SEPTEMBER 9, 2009 REGULAR MEETING on Application No. 09/10-01C - Martel. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Castagno, J. Strickland, W. Farah Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
09/10-02 John A. and Marsha G. Finkeldey seek a variance of Par.10.7.1 (nonconformity), 10.7.2 (nonconformity/change) and Par. 24.5.3 (setback/other - 15' required/12.9' proposed) of the Zoning Regulations to permit repair of existing 12' x 12' deck, raising height to be compliant with step from rear door and add an additional 4' on property located at 22 Shepard Street, Map No. 22, Lot No. 254.
Public Hearing:
Present: Mr. & Mrs. Finkeldey, applicants
Mrs. Finkeldey gave a brief presentation. The applicants were in the process of replacing their deck and had decided to extend it an additional 4’ from the back. The deck is approximately 13 or 14 inches above grade with steps down. The additional decking is still within the 20% allowed for ground coverage. The applicants would like to finish the deck and add the railings for safety. The Chairman asked the applicants if they would make an attempt to move their shed which is now located on the adjacent lot.
The Chairman then opened the floor for comments from the public either in favor or in opposition. There was no audience participation and no further comments from the Board. The public hearing closed at 8:26 p.m.
Voting Session:
Discussion with respect to the public hearing that closed this evening. The Board felt the enlargement of the deck was not a problem. They requested that a railing be placed for safety reasons even though it is 13 or 14 inches above grade. Even with the increased decking, the ground coverage is below the 20% allowed.
A Motion was made by D. Alexander, seconded by R. McCall to GRANT Application No. 09/10-02 - Finkeldey. To enlarge the deck on the property, the encroachment lines up with the existing encroachment of the house and it does no harm to the comprehensive plan of zoning. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Castagno, J. Strickland, W. Farah Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
REGULAR MEETING
New Business: Dorothy Alexander wanted to discuss certain points of interest that she gathered at a seminar she attended on June 27, 2009. The seminar was free and was hosted by the Connecticut Conference of Municipalities. The Law Firm of Halloran & Sage gave the presentation. A copy of the materials will be in the September meeting packet. Ms. Alexander stated that all Board members should take advantage of these seminars, especially when they are free of charge.
Minutes: A Motion was made by R. McCall, seconded by D. Alexander to approve the Minutes of the July 8, 2009 Regular Meeting. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Castagno, J. Strickland, 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 August 12, 2009 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Castagno, J. Strickland, W. Farah Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 8:40 p.m.
The next Regular Meeting of the ZBA will be on Wednesday, September 9, 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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