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, December 9, 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, Brian Dooley, Allan Fogg, alternate
Present: Kent Johnson, alternate, Mary Kennedy, alternate, Kim Barrows, Clerk
Absent: Joan Strickland
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.
09/10-10C B 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 more aesthetically pleasing view loft with two small decks, also construct a covered entry way to the front door with a small deck above it serving the master bedroom, the roof above the
garage will also be changed to deck space on property located at 14 Bliss Street, Map No. 12, Lot No. 102- 2.
Discussion with respect to the public hearing that closed this evening. R. McCall clarified the difference between the application submitted in October and the application before the Board this evening. The change in the roof will eliminate the height violation. The proposal does not affect the health, safety and welfare of the neighborhood. The Board discussed the master bedroom area with its door and balcony on the second floor and the zoning regulation defining a “half story” to see if it complied. It was decided that the applicants are to discuss this issue with the Zoning Enforcement Officer and the Building Inspector to see if it is allowed. The Board is right now is only addressing the three variances being requested which relate to nonconformity, nonconformity
change and the wetlands setback since the house, as it exists, already encroaches into the wetlands setback. The house design is also an architectural improvement over what currently exists.
A Motion was made by R. McCall, seconded by A. Fogg to GRANT Application No. 09/10-10C - Koutouzis. The hardship is that the existing building was built long before the setback requirement from the wetlands, the proposal adds no further encroachment on the setback and the home is in dire need of renovation. It is also a most unusual lot fronting on Hagar Creek and the wetlands on the east. The CAM application is approved this application does not impose any further threat as defined in the Coastal Area Management Act. Discussion: A. Fogg asked that the second floor “half story” be measured out to conform with the regulations and B. Dooley asked that the balcony and the window be looked at as well to see if they conform with the “half story” regulation. C.
Gosselin stated that the Board is granting just the three variances requested for nonconformity,
nonconformity/change and the wetlands setback, the Board is not approving the plan as it exists, the ZEO and the Building Official will see that the plan conforms. No further discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, B. Dooley, A. Fogg Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
09/10-11 C – Monica K. and Michael A. Pitruzzello seeks a variance of Par.10.7.1 (nonconformity), 10.7.2 (nonconformity/change), Par. 68.1.2 B4 (setback – narrow street setback/30 ft. required/10 ft. existing), Par. 24.5.1 (streetline setback 25' required/10' existing) Par. 24.6.1 (max. floor area 40% required/51% existing) and Par. 24.6.2 (max bldg./structure coverage/20% required/39% existing) of the Zoning Regulations to permit raising the ceiling of a walk-in closet in master bedroom in order to make existing space more usable as a closet or part of master bedroom on property located at 18 Mohican Trail, Map No. 13, Lot No. 37.
Discussion with respect to the public hearing that closed this evening. D. Alexander stated that the existing house makes a mockery out of the zoning regulations. The house is in the setbacks, the house height might be ok, but it is not consistent with the building code or the zoning regulations. D. Alexander stated that if the Board granted the variances requested for closet space it would affect the public’s view of the zoning regulations that are in place. This has nothing against the current owners who purchased the property in November of 2008. B. Dooley stated that he doesn’t see a true hardship. There are other places within the home to put a closet. C. Gosselin agreed with B. Dooley’s statement. R. McCall stated that the hardship is hard to pinpoint.
The hardship being the size of the lot is not a hardship when the lot is overbuilt.
A Motion was made by C. Gosselin, seconded by D. Alexander to DENY Application No. 09/10-11C - Pitruzzello. Significant hardship has not been demonstrated and additional storage is not considered a hardship. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, 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 C. Gosselin to approve the Minutes of the November 18, 2009 Regular Meeting as presented. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, 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 C. Gosselin to adjourn the December 9, 2009 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, B. Dooley, A. Fogg Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 8:15 p.m.
The next Regular Meeting of the ZBA will be on Wednesday, January 13, 2010 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
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