MOTIONS
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, November 18, 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, Vice Chairman, C. Gosselin, Joan Strickland, Brian Dooley
Present: Allan Fogg, alternate, Kent Johnson, alternate, Kim Barrows, Clerk, Christina Costa, Zoning Enforcement Officer and Michael E. Cronin, Jr., attorney for the Board
Absent: Mary Kennedy, 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 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.
Discussion with respect to the public hearing that closed this evening. R. McCall stated that the letter from Bob Doane indicates that if the wall fails, the existing septic system is apt to shift and jeopardize the wetlands which will have an adverse impact on them. The wall was built in 1990 with timbers and they have deteriorated to the point of letting go. B. Dooley stated that the neighbors want the wall rebuilt and eventually finished since the project has been going on for years. J. Strickland stated that if this gets granted, it should be finished in a timely manner. The Zoning Commission will get involved if the applicant wants to finish the remaining wall. The Zoning Board of Appeals is only granting a variance for the approximately 100' of the wall that exists and is
deteriorating. The Board discussed fill, the applicant stated that a small amount of fill will be added, mostly stone for drainage. The fill from moving the wall 10' further away from the wetlands will be used on the property. C. Gosselin noted on the final plan revised through October 5, 2009 the area to be replaced which is on the southern end of the property.
A Motion was made by R. McCall, seconded by C. Gosselin to GRANT Application No. 09/10-01C - Martel. The variance requested be granted to allow reconstruction of the deteriorating existing wall approximately 100' in length. The reconstruction is necessary to preserve the integrity of the contiguous wetlands by collapse of the higher abutting bank and lawn and also prevent the deterioration of the existing septic system as indicated by the letter from Bob Doane Engineering. The hardship is the physical characteristics of the site with the elevation differential between the lot to the contiguous wetlands and the deteriorating wall that needs attention. The reconstruction will follow the plot plan revised through October 5, 2009 and noted as final map which will be in the file. The wall to be reconstructed is noted on the map at the southern end. 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
A Motion was made by R. McCall, seconded by C. Gosselin to APPROVE the CAM application on Application No. 09/10-01C - Martel. The project is consistent with all applicable coastal policies and makes reasonable measures to avoid adverse impacts. 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
09/10-09 C – Frank R. Chamberlain, IV seeks a variance of Par.10.7.1 (nonconformity), Par. 10.8.2 (nonconformity /lots), Par. 10.8.3 (nonconformity/lot area), Par. 24.3.4 (minimum width along bldg. line), Par. 24.5.1 (streetline setback 25' required/ 22.7' proposed) and Par. 24.5.3 (sideyard setback 15' required/11.1' proposed) of the Zoning Regulations to permit renovation and expansion (add second floor) of existing dwelling on property located at 35 Park Avenue, Map No. 9, Lot No. 58.
Discussion with respect to the public hearing that closed this evening. The applicant is using the existing foundation for the new home and they are doing their best to work on the existing footprint. The lot size along with the two streetline setbacks are the hardships. B. Dooley stated that the applicant is doing a good job addressing the site conditions. J. Strickland stated that they are not encroaching any further except for a deck to the rear of the property. The Board members all agreed that the installation of a new septic system is good for the area. The project is in harmony with the area.
A Motion was made by B. Dooley, seconded by C. Gosselin to GRANT Application No. 09/10-09C - Chamberlain. Based on the facts that the property owner is working within the limits of the lot conditions which is the hardship since lot developed in 1960's. The setbacks to front and rear are being maintained and a new septic system is being installed which has been approved by the Health District, an additional bedroom is being added. The new structure is in harmony with the neighborhood and the neighbors are in support of the project. The property is going to be vertically built on the existing footprint and the existing structure was built on the existing foundation. There are two street setbacks as well. The CAM is approved as a part of this Motion. 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
New Business: The 2010 ZBA Meeting Schedule -
A Motion was made by R. McCall, seconded by D. Alexander to approve the 2010 Meeting Schedule for the ZBA for the second Wednesday of each month. 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
Minutes: A Motion was made by R. McCall, seconded by C. Gosselin to approve the Minutes of the October 14, 2009 Regular Meeting with the change of one word on page 2 from “grave” to “gravel”. 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 D. Alexander to adjourn the November 18, 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 9:47 p.m.
The next Regular Meeting of the ZBA will be on Wednesday, December 9, 2009 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.
Rexford McCall, Chairman
Old Saybrook Zoning Board of Appeals
Old Saybrook, Connecticut 06475
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