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, 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 legal notice into the record, one item was new and the other was a continued matter.
Public Hearing -
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: Edward Cassella, Esquire, agent for the applicant; Mr. Rock Martel
Attorney Cassella gave a brief presentation. Attorney Cassella stated that no new plan has been submitted since the last meeting. The matter was continued from the October meeting to get input from the attorneys. Attorney Cassella then proceeded to go over the matter stating that the original wall was approved in 1990 but at that time only a portion of it was constructed. To date, the portion that was constructed has deteriorated to the point of failure. The variance application and the coastal site plan application address only the portion already constructed, nothing further. The existing portion of the wall consists of approximately 100' which is noted on the plan in the file dated October 5, 2009. There is a greater impact to the coastal resources if the wall fails
than during the construction process if it is replaced. The wall will also be moved approximately 10' landward and there will be minimal fill brought onto the property. The timbers will be replaced by concrete blocks (as shown on drawing in file). Robert Doane e-mailed a letter dated November 18, 2009 which outlines what could happen if the wall fails (letter in file). The applicant, Mr. Martel, is anxious to get the wall replaced. C. Gosselin asked about the vertical elevation, Mr. Martel stated that the vertical elevation is 14' from the base of the wetlands to the top of the wall. The existing wood wall is about 12' from sea level elevation.
Attorney Cronin, ZBA counsel, stated that the DEP in its letter of September 9, 2009 had a major concern. The entire wall is, in the DEP’s conclusion, is not consistent with CAM, but then on page 2 in paragraph number 2 of the same letter it states “but only for the wall portion that already exists (in conformance with the 1990 approval) – not the proposed new wall extensions. . .” but the DEP does acknowledge that replacing it may be justified. Letter goes on stating in paragraph number 4 to state ““existing sanitary system would likely be exposed” etc. Evidence to substantiate these claims has not been provided and are insufficient to demonstrate CCMA consistency as detailed below”. This item has been addressed by the e-mail from Robert Doane
dated November 18, 2009.
The Chairman then opened the floor for comments either in favor or in opposition. There was no audience participation and no further comments from the Board. The public hearing closed at 7:57 p.m.
Voting Session -
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.
Public Hearing -
Present: Edward Cassella, Esquire, agent for the applicant; Mr. Chamberlain, applicant; Mr. Joseph Wren, Professional Engineer
Attorney Cassella gave a brief presentation. The lot is a corner lot that consists of 8,400 square feet. There is 816 square feet of living space in the existing house. The applicant wants to reconstruct the house within the existing footprint with an addition to the rear of the house. The house will be rebuilt on the same foundation and the second floor will have a slight overhang. The Board stated that there were no dimensions noted on the plans that were submitted. Mr. Wren submitted new plans at the public hearing that had all of the dimensions noted on the plan. The applicant stated that approximately 12 trees will be cut down on the property. The house, as it exists currently, is a two bedroom that will be converted to a three bedroom home with Health District
approval. The applicants will also be installing a new septic system. The hardship is the size of the lot which was developed in the 1960's prior to zoning and there are two 25' streetline setbacks since it is a corner lot. The renovations are consistent with the neighborhood, will protect public safety and there are other similar homes in the area. A letter was entered into the record in favor from Mr. Donald Naples of 31 Park Avenue dated November 17, 2009.
The Chairman then opened the floor for comments either in favor or in opposition. In favor were Dee Johnson of 6 Fenwood Road; Mike Liappes of 3 Fenwood. There was no further audience participation and no further comments from the Board. The public hearing closed at 8:35 p.m.
Voting Session
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
REGULAR MEETING
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.
Respectfully submitted,
Kim N. Barrows, Clerk
Old Saybrook Zoning Board of Appeals
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