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, October 14, 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: Rex McCall, Chairman, Dorothy Alexander, C. Gosselin, Joan Strickland, Brian Dooley, alternate
Present: Kim Barrows, Clerk and Christina Costa, Zoning Enforcement Officer
Absent: Julius Castagno, Allan Fogg, alternate and Wendy Farah, alternate
The meeting was then called to order at 7:31 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.
Public Hearing:
C. Gosselin listened to the tapes
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.
Present: Mr. Rock Martel, applicant
Mr. Martel submitted a new plan outlining the existing wooden structure along the rear that is to be replaced with concrete blocks. Mr. Martel also submitted a rendering of what the wall would look like when completed. The proposal is to complete and replace the rotted portions of the wall that had originally been approved in 1990. The Board discussed how much fill would be needed, and Mr. Martel stated that he would not be placing fill on the property right now but would possibly place top soil and gravel on the property at some point. R. McCall stated that the ZBA attorney, Michael Cronin wanted to be present at this meeting along with Attorney Cassella, counsel for Mr. Martel but both were unavailable to attend tonight. Therefore the Board along with the consent of the applicant agreed to
continue the public hearing to the next meeting so that both attorneys could be present.
A Motion was made by R. McCall, seconded by D. Alexander to CONTINUE the PUBLIC HEARING until the NOVEMBER 18, 2009 REGULAR MEETING on Application No. 09/10-01C - Martel. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, J. Strickland, B. Dooley Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Public Hearing:
09/10-06 - Scott D. & Carrie J. Brabant seek a variance of Par.10.7.1 (nonconformity), Par. 10.8.2, Par 10.8.4 (nonconformity/lots) and Par. 24.5.3 (setback/sideyard - 15' required/9.1’ proposed) of the Zoning Regulations to permit addition of partial second floor over existing first floor on property located at 25 Saltaire Drive, Map No. 3, Lot Nos. 41 & 42.
Present: Christina P. Burnham, Esquire, agent for the applicant; Mr. Brabant, applicant
Attorney Burnham gave a brief presentation. This is a one story ranch constructed on the lot 9.1 feet from one side line. The applicant would like to add a partial second story to the existing structure. The project is in keeping with the character of the neighborhood, will look nice and fit in with the surrounding homes. The addition will be set back so as not to interfere with the neighbors view. The Health District has approved the proposal, it will still be a three bedroom home. The lot is a large lot that was set out prior to the enactment of zoning and today does not comply with the current zoning regulations. The hardship is the placement of the house on the lot prior to zoning and trying to comply with the existing zoning regulations would make an odd shaped house
and hard to maneuver inside. There was discussion as to the height of the house, it will not exceed 27 feet. The outside shower is to remain. D. Alexander commented on the fact that the design is plain in the vertical sense with solid walls casting shadows. The Board then discussed the photos presented and which neighbor would see which side of the house.
The Chairman then opened the floor to the audience, first those in favor and then in opposition. There was no audience participation and no further Board comments. The public hearing closed at 8:10 p.m.
Voting Session:
Discussion with respect to the public hearing that closed this evening. R. McCall stated he sees no reason not to grant the variance, it is a minor encroachment into the sideyard which already exists. B. Dooley stated that they are not adding another bedroom, it will remain a 3 bedroom home. J. Strickland stated that the applicants have taken into consideration the neighbors view. There are other two story homes in the area.
A Motion was made by C. Gosselin, seconded by R. McCall to GRANT Application No. 09/10-06 - Brabant. The design is in harmony with the neighborhood, the hardship is present with where the house is situated on the lot, the encroachment already exists. In harmony with zoning standards. 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 general 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: R. McCall, C. Gosselin, J. Strickland, B. Dooley Opposed: None Abstaining: D. Alexander The motion passed. 4-0-1
Public Hearing:
09/10-07C - Nancy Enberg seeks a variance of Par.10.7.1 (nonconformity), Par. 34.6.1 (setback/streetline - 50' required/29' proposed) and Par.63.4 (landscaping – 25’ front buffer required/7’ to 10’ for parking spaces 16-22; 10’ for parking spaces 14 & 15) of the Zoning Regulations to permit a one story sit-down restaurant addition attached to the west side of existing Mike’s Deli on property located at 1522 Boston Post Road, Map No. 26, Lot No. 28.
Present: David Royston, Esquire, agent for the applicant; Ms. Nancy Enberg, applicant and Mr. Mike Fowler, operator of Mike’s Deli.
Attorney Royston gave a brief presentation and reviewed the history of the property. The property was located in a B zone when originally constructed in the 1950's prior to zoning only 25 feet from the roadway. Until 1973, the structure conformed with the zoning regulations, then the front setback was changed to 50 feet. As noted, the structures constructed in the same time frame are all closer to the road. Also throughout the years, the requirements for parking space sizes have changed as well. The current regulations require a landscape buffer along edge of the property which most structures along the road currently do not have. In order to add to the restaurant, a streetline variance is being requested. The hardship is that the regulations were changed from 25' to 50' and to
move the addition would put the structure closer to the wetlands. The wetlands regulations came into effect after the structure was built, as well. None of the other regulations need variances just the streetline and the landscaping buffer. The hardship is that an existing building in a commercial zone wants to expand, any expansion becomes difficult due to the regulations. Attorney Royston went on to state that the landing on the left side of the building is being removed and the entire site is being made more conforming. The building itself will be upgraded and improved. The following letter were entered into the record in support: The Pool Guy, signed by Patricia Loflin dated October 7, 2009 and Kelly Industries, LLC of 2 Center Road, dated October 12, 2009.
R. McCall stated that part of the area is grave, Attorney Royston stated that the applicant would like it to remain gravel, but the decision will be made by the Zoning Commission when the plan goes before them. Attorney Royston stated that Gigi’s is moving out and the Deli will use the second floor for an office.
The Chairman then opened the floor to the audience, first those in favor and then in opposition. Speaking in favor were the following people: Larry Bonin, Schoolhouse Road. Daniel Rearick of 19 Chalker Beach Road has concerns about the increase in traffic; Carol Hokanson of 1500 Boston Post Road (Heritage Building across the street) has concerns about enhancing the corner and traffic to and from; Edmilson Sousa of 20 Chalker Beach Road has the same concerns about traffic. R. McCall stated that this is a considerable addition to the property. There was discussion as to culvert under Boston Post Road and Attorney Royston stated it was not placed there as a result of any business in the area. R. McCall asked if the parking could be moved to the rear, Attorney Royston stated that the parking has always been
out front. There was discussion about a traffic light in that area, but the State Traffic Commission is awaiting approval of a grocery store in that area. There was no further audience participation and no further Board comments. The public hearing closed at 9:00 p.m.
Voting Session:
Discussion with respect to the public hearing that closed this evening. C. Gosselin stated that this was a reasonable proposal. R. McCall was concerned about the parking area and backing onto Boston Post Road and the reduction in the buffer. B. Dooley was also concerned about the congestion in the parking area. The Board members discussed where more parking could be and if it could be more defined on the plan. J. Strickland stated that where the addition was proposed was a good area. C. Gosselin stated that the engineer that designed the plan knew the requirements for parking. The project still has to go before the Zoning Commission and if parking gets changed (spaces eliminated), the applicant may have to go before the ZBA for a variance for parking requirements.
A Motion was made by C. Gosselin, seconded by D. Alexander to GRANT Application No. 09/10-07C - Enberg. The scope, the way the applicant presented this information, certainly makes this project in harmony with other businesses on Route 1 in that particular area; the enhancement of the parking is a plus, the building encroaching into the 25' area is unfortunately a requirement of the wetlands to the rear and cannot be pushed back. 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 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 is also approved. No discussion and a vote was taken: In favor: D. Alexander, C. Gosselin, J. Strickland, B. Dooley Opposed: R. McCall Abstaining: None The motion passed. 4-1-0
Public Hearing:
09/10-08 - Apasia Koutouzis seeks a variance of Par.10.7.1 (nonconformity), 10.7.2 (nonconformity/change) and Par. 68.1.2 B8 (setback – approval if w/in 50' of wetlands/changes w/in 50’ no further encroachment) of the Zoning Regulations to permit increase in interior space on second floor by changing roof line, reducing height and creating a small deck on property located at 14 Bliss Street, Map No. 12, Lot No. 102- 2.
Present: Alexander Tighe, Esquire, agent for the applicant; Mr. George Koutouzis, applicant.
Attorney Tighe gave a brief presentation. The property is very unique, it is on a peninsula. If the applicant wanted to change the roof line and construct a small deck, it would be granted as a matter of right on any other property. The existing house is an “A” frame which exceeds the current height regulation. The roof change would bring it down to the 35' required. The house is a three bedroom home and will remain three bedrooms. The footprint will not be expanded. By lowering the roof line the house will be more liveable and more in conformity with the neighborhood. The hardship is the odd topography of the land. C. Gosselin questioned the need of the deck to the rear that encroach close to the wetlands. The decks to the rear were also not noted in
the zoning application, but shown only on the plans. R. McCall stated that decks could not be granted with a zero setback. Attorney Tighe made the argument that the decks currently exist, they just want to connect them and will not be encroaching further into the setback.
The Chairman then opened the floor to the audience, first those in favor and then in opposition. There was no audience participation and no further Board comments. The public hearing closed at 9:35 p.m.
Voting Session:
Discussion with respect to the public hearing that closed this evening. The property is unique since the house is sitting on a peninsula. The roof is being lowered in height to make it more conforming to the height regulation. The issue with the Board is that the plan and the application do not coincide with what the applicant wants to do. The plan shows two decks to the rear of the property that are too close to the wetlands.
A Motion was made by R. McCall, and not seconded to GRANT Application No. 09/10-08C - Koutouzis. Granting is for the slight change of the roof line and the CAM but not for the decks in the rear fronting on Hagar. The motion was withdrawn and further discussion ensued.
The Board did not feel comfortable granting the variances for the deck when they were not in the original application and the Board wanted a new plan indicating exactly what the proposal will be when completed. It makes it difficult to enforce when the plans contradict the application. C. Gosselin stated he did not have a problem with the structural aspects but did not want the rear decks that will be increasing ground coverage.
A Motion was made by R. McCall, seconded by D. Alexander to DENY Application No. 09/10-08C - Koutouzis. The reason for denial is that the plot plan does not coincide with the submitted house plans. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, J. Strickland, B. Dooley Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
REGULAR MEETING:
Minutes: A Motion was made by R. McCall, seconded by D. Alexander to approve the Minutes of the September 9, 2009 Regular Meeting. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, J. Strickland, B. Dooley 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 October 14, 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, B. Dooley Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 9:50 p.m.
The next Regular Meeting of the ZBA will be on Wednesday, November 18, 2009 (third Wednesday due to Veteran’s Day) at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.
Kim N. Barrows, Recording Clerk
Old Saybrook Zoning Board of Appeals
| 
