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, September 9, 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, Joan Strickland, Brian Dooley, alternate, Allan Fogg, alternate
Present: Kim Barrows, Clerk and Christina Costa, Zoning Enforcement Officer
Absent: Julius Castagno, Chris Gosselin and Wendy Farah, alternate
The meeting was then called to order at 7:37 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 Agenda into the record since both items were continued public hearings.
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.
Public Hearing:
Attorney Cassella, along with Mr. Martel gave a brief history of the project. In 1990 the Zoning Commission granted permission to construct a retaining wall. The applicant started constructing the retaining wall with wooden railroad ties, construction stopped and to date has not been finished. The Zoning Commission had granted an extension of time in 1993 but denied any further extensions. The applicant then came before the ZBA in January of 2008 but withdrew the application due to DEP comments. Now the applicant is asking for a variance to complete the construction of the wall in accordance with the original approval and to replace the constructed portion that has deteriorated over the years. The total section would constitute approximately 120 feet. Since 1990, the regulations have
changed and the retaining wall is now deemed a “structure” and can’t conform to the zoning regulations, therefore a variance is needed. Mr. Jacobson of Nathan L. Jacobson, engineers had written a letter with respect to flood plain management. There are no flood plain impacts. A letter was e-mailed on the same day as the meeting from Brian P. Thompson, Director, Office of Long Island Sound Program. The DEP letter outlined the entire project not the 120 feet that the Board was to consider. Attorney Cassella stated that the hardship is based on safety reasons due to the deterioration of the wooden wall and the impact if it let go on to the septic system, as well as the tidal wetlands. The wall would be replaced with large concrete blocks.
The following letters were submitted in support of the application: George Dagon, Knollwood Beach President, dated December 3, 2008; Frank Lord, 86 Neptune Drive faxed December 3, 2008; Herb & Sue Englund, 72 Neptune Drive, no date; Will & Maude Delaney, 74 Neptune Drive, Nanette Nios of 77 Neptune Drive; Elizabeth & Frances Herel of 99 Fenwood Drive and Mr. Gagne of 97-95 Fenwood Drive. It was stated that all neighbors would like this resolved because it has become an eyesore.
B. Dooley stated that the DEP gave a good alternative to the replacement of the retaining wall. Attorney Cassella stated that they (applicants) took a position that what is existing had been approved and they want to keep the retaining wall. The members of the Board then asked that Mr. Martel provide a plan outlining exactly what the Board would be granting a variance for and a plan showing the design and materials to be used, including the “L” portion of the wall not on the original plans.
The Chairman then opened the floor for comments from the public either in favor or in opposition. Mr. Dagon of the Knollwood Beach Association spoke in favor. There was no further audience participation and no further comments from the Board. The public hearing remained open.
A Motion was made by R. McCall, seconded by D. Alexander to CONTINUE the PUBLIC HEARING until the OCTOBER 14, 2009 REGULAR MEETING to be held in the first floor conference room at 7:30 p.m. on Application No. 09/10-01C - Martel. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Strickland, B. Dooley, A. Fogg Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
09/10-03 C George and Mary Ellen Dagon seek a variance of Par.10.7.1 (nonconformity), 10.7.2 (nonconformity/change) and Par. 24.5.1 (setback/streetline - 35' required/20.7' proposed) and Par. 68.1.2 B4 (narrow street) of the Zoning Regulations to permit construction of 4'5" x 5"9" roof over existing front entry concrete steps on property located at 17 Neptune Drive, Map No. 4, Lot No. 199.
Public Hearing:
Present: Mr. & Mrs. Dagon, applicants; Mr. Anthony Brodeur, contractor
Mr. Brodeur gave a brief presentation. The proposal is to construct a 4’5” x 5’9” entryway with a roof above. The required setback is 35’ from the street, the existing setback from the street is 25’ to the house itself and 20’7” to where the stoop roof would end. The hardship is the configuration of the lot and the placement of the house on the lot. The house was built in the 70’s and the stoop itself is original to the house.
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 8:55 p.m.
Voting Session:
Discussion with respect to the public hearing that closed this evening. The applicants want to
erect a roof over the entryway to the house. There is a 30’ setback from the street. There was discussion as to distance from the street to the house, which is 25’ and 20’7” to the roof line of the entryway. The hardship is the configuration of the lot and the stoop is original to the house which was built in 1970.
A Motion was made by D. Alexander, seconded by R. McCall to GRANT Application No. 09/10-03C - Dagon. It is in conformity with the neighborhood, it will be an improvement to the house and is being constructed for safety reasons. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Strickland, B. Dooley, A. Fogg Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
09/10-04 Brian and Shannon Lapierre seek a variance of Par.10.7.1 (nonconformity), 10.7.2 (nonconformity/change), Par. 24.5.3 (setback/other - 15' required/6.2' proposed), Par. 24.6.1 (gross floor area - 40% required/43.5% proposed) and Par. 24.6.2 (bldg/structure coverage - 20% required/26% proposed) of the Zoning Regulations to permit addition of a second story addition to north side of dwelling bring roof line together, not to exceed current 25' height of south side. Second story addition to be cantilevered 12" on east side and 3'6" on west side to square off house and utilizing techno metal posts on property located at 4 Kenn Road, Map No. 18, Lot No. 052.
Public Hearing:
Present: Mr. & Mrs. Lapierre, applicants; Attorney David Royston, agent for the applicants.
Attorney Royston gave a presentation. The house is located on Kenn Road which is a narrow right-of-way for 3 or 4 houses. The orientation of the house on the lot in conjunction with the street gives the house an odd look. The applicant would like to add a second story addition on top of the existing first floor, which is the left wing of the house toward Kenn Road. There was a change in the ground coverage to 21.9%, the total floor coverage is 43.5%. There is a one foot sideyard encroachment due to the “techno” structural support.
The project has Health District approval and the house is going from 2 bedrooms to 3 bedrooms. The hardship is the location/orientation of the house on the lot, the addition is to basically eliminate the odd looking character of the house and increase the living space.
The following letters were entered into the record in support of the application: Lorraine Slepski, 3 Kenn Road dated September 4, 2009; Peter Rex of 56 Chalker Beach and Carlos & Lynn Orlando of 5 Kenn Road dated September 4, 2009. The applicant stated that he did speak to the neighbor on the east side where it encroaches into the sideyard setback and they did not have a problem with the proposal.
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 9:25 p.m.
Voting Session:
Discussion with respect to the public hearing that closed this evening. The applicants are adding a second story addition to square off the house. The one foot encroachment on the sideyard to the east for the “techno metal posts”, is due to the fact that if the posts are placed inside the structure, there will be significant renovations to be made to the bathroom and kitchen. The posts are needed to strengthen the existing structure. There is a slight increase in the floor area but the ground coverage has been decreased slightly. R. McCall stated that the project does not pose a threat to the overall zoning plan.
A Motion was made by A. Fogg, seconded by D. Alexander to GRANT Application No. 09/10-04 - Lapierre. The ground coverage is being slightly reduced, there is a minimum impact of the one foot encroachment on the east side for the techno posts which are used to make the house sound and which are not part of the architecture. The hardship is the shape and size of the lot, and the applicants are staying within the original footprint. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Strickland, B. Dooley, A. Fogg Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
09/10-05 Shawn E. and Jennifer B. Hallowell seek a variance of Par.10.7.1 (nonconformity) and Par. 68.1.2 B7 (setback - 50' required/41' +/- proposed) of the Zoning Regulations to permit addition of 388 s.f. +/- second story over existing connection between existing garage and existing 2.5 story portion of the home on property located at 61 Old Post Road, Map No. 28, Lot No. 2.
Public Hearing:
Present: Mr. Hallowell, applicant; Attorney William A. Childress, agent for the applicant
Attorney Childress gave a brief presentation. The applicant would like to construct a one story connector above existing connector that only encroaches in a vertical way. There is a section of tidal wetlands on the property. The hardship is the unusual occurrence of the wetlands line on the property and the 50’ setback that is required, along with all the other required setbacks make the lot unbuildable. The granting of the variance will not impact public health, safety or welfare. The Health District has approved the application. A letter from Cal Caldarella of Calmar Properties was entered into the record in support of the proposal.
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 9:37 p.m.
Voting Session:
Discussion with respect to the public hearing that closed this evening. The proposal does not impact the wetlands than what already exists on the property. The hardship is the unusual occurrence of the wetland line on the property, the 50’ wetlands setback and all the other setbacks create a nonbuildable area. The granting of the variance does not impact public safety or welfare.
A Motion was made by R. McCall, seconded by A. Fogg to GRANT Application No. 09/10-05 - Hallowell. The addition encroaches no further into the wetlands and there is no impact on public safety or welfare. The hardship is the 1890’s home already exists in its current location and the addition will not impact the wetlands. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Strickland, B. Dooley, A. Fogg Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Minutes: A Motion was made by R. McCall, seconded by J. Strickland to approve the Minutes of the August 12, 2009 Regular Meeting with the correction of changing the word house, to business in the Burdick Oil portion of the minutes. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Strickland, B. Dooley, A. Fogg 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 September 9, 2009 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Strickland, B. Dooley, A. Fogg Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 9:45 p.m.
The next Regular Meeting of the ZBA will be on Wednesday, October 14, 2009 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.
Respectfully submitted,
Kim N. Barrows, Clerk
Old Saybrook Zoning Board of Appeals
Old Saybrook, Connecticut 06475
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