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, January 13, 2010 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, Brian Dooley, Joan Strickland, Secretary
Present: Kent Johnson, alternate, Christina M. Costa, Zoning Enforcement Officer, Kim Barrows, Clerk
Absent: Mary Kennedy, alternate and Allan Fogg, alternate
The meeting was then called to order at 7:34 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.
09/10-12(a) – Appeal by William Thiele of the Zoning Enforcement Officer’s approval of a Certificate of Zoning Compliance (Application No. 09-084 dated June 24, 2009), citing improper notice of the issuance of the Certificate of Zoning Compliance for an installation of floats at the Homeowners Association docking facility on the property of Channelside Homeowners Association located off Fourth Avenue Extension, Map No. 59, Lot No. 67-14.
The public hearing closed this evening. Attorney Cloutier submitted several documents in support of his client’s appeal and Attorney Royston also submitted documents to the Board with respect to his client, Channelside. Attorney Knapp who represented the Zoning Enforcement Officer, Christina Costa also presented a case as to the signing of the Certificate of Zoning Compliance. After all the lengthy testimony and documents presented this evening the Board decided to defer the decision in order to digest it all and obtain input from its counsel.
A Motion was made by R. McCall, seconded by D. Alexander to DEFER the Decision on Application No. 09/10-12(a) - Appeal by William Thiele to the February 10, 2010 Regular Meeting at 7:30 p.m. in the first floor conference room. The Board wants to seek input from its counsel to review the testimony and documents presented. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, B. Dooley, J. Strickland Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
09/10-13 James Gallery & Soda Fountain, LLC (owner), Tissa’ Country Market (applicant) seek a variance of Par. 24.2 (Special Exceptions Uses) and Par. 62.3 (parking on site/to allow credit for offsite parking) of the Zoning Regulations to allow restaurant or food service establishment on property located at 2 Pennywise Lane, Map No. 30, Lot No. 3.
Discussion with respect to the public hearing that closed this evening. D. Alexander stated that she was in opposition and read a prepared statement into the record (a copy in the file), which basically stated that the commercial zone at the southern end of Main Street terminates at the Fire House and Old Post Road, that James Pharmacy has been a treasured exception to this in commemoration of Miss Anna Louise James and that she feels there are more than enough vacant commercially zoned sites in Old Saybrook in which to position a business. Variances have already been granted at this site, but to do so again and again will simply invite progression of commercial activity deeper into the Res. A zone. A previous application had been granted on the site where the Sanitarian stated he had no objection provided
there was no cooking and washing allowed. The current Health District has revised its position regarding cooking relative to the current appeal, but the reason is unclear. D. Alexander also feels there is no hardship shown.
J. Strickland noted that the parking area is owned by the State and leases it to the Town. R. McCall asked if this application should be referred to the Police Commission with respect to traffic flow. B. Dooley stated that parking will be difficult if the business is busy, which during the summer the current ice cream parlor is very busy. R. McCall stated that he is in favor of an eating establishment but is concerned about the impact the high traffic volume will have in that area. C. Gosselin stated that he lives close to the site and feels there needs to be a viable establishment in that space since many over the years have failed. He is also hesitant to deny the application for a theoretical traffic problem. He also hopes that the traffic issue would not be a chronic problem for the
neighbors. C. Gosselin feels the application should be granted. J. Strickland stated that the traffic problems already exist during the summer months and is typical for Old Saybrook in the summer. J. Strickland stated that the Health District requested a grease trap for the septic and must feel the septic is adequate. C. Gosselin felt the cooking to be done is minor. There was a petition entered into the record with 250 names in support. D. Alexander stated that the enthusiasm is for the business not the location.
A Motion was made by R. McCall, seconded by J. Strickland to GRANT Application No. 09/10-13 - Tissa Country Market. The congestion is not unique to that area, in the summer there is congestion almost anywhere you have to be very careful driving in and along the parking spaces the entire length on Main Street and throughout Town. To add to the attractiveness of this site is another way to keep it viable because as someone pointed out, the retail business has not done well except for the ice cream. No discussion and a vote was taken: In favor: R. McCall, C. Gosselin, J. Strickland Opposed: D. Alexander, B. Dooley None Abstaining: None The motion failed to pass, 3-2-0, it takes 4 affirmative votes to grant a variance.
09/10-14 – Estate of Robert A. Harms seeks a variance of Par. 10.8.3 (nonconformity/lot - 12,500' req./9,000 existing), Par. 24.3.2 (min. dimension of square 100' x 150' req./nothing proposed, lot too small) and Par. 24.3.4 (min. width along bldg. line 100' req./90' on East Street) of the Zoning Regulations to permit demolition of existing year round single family dwelling and permit construction of new dwelling within setback requirement and flood plain requirements with a 24' x 40' footprint and the existing garage to remain on property located at 12 East Street, Map No. 22, Lot No. 49.
Discussion with respect to the public hearing that closed this evening. There are currently four tarps on top of the existing deteriorating structure and the structure is an eyesore to the neighborhood. The house will be taken down and a small cape with dormers will take its place. The existing garage will remain. The house will be built up to code both building and flood. The house will go from two bedrooms to three. The project will definitely be an improvement to the neighborhood.
A Motion was made by R. McCall, seconded by C. Gosselin to GRANT Application No. 09/10-14 - Estate of Robert A. Harms. The existing home is dire need of replacement. The new home will meet all current zoning except for the size of the lot and the width and the square requirements. The hardship is the deterioration of the home and the size of the existing lot. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, B. Dooley, J. Strickland Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
09/10-15 – Eriks V. Surmanis and Linda C. Surmanis seek a variance of Par.10.7.1 (nonconformity), 10.7.2 (nonconformity/change) and Par. 24.5.1 as modified by Par. 68.1.2 B4 (setback – narrow street setback/30 ft. required/21.39 ft. existing) of the Zoning Regulations to permit a 25 s.f. addition to the right side of front of house to fill in notch to allow interior renovations on property located at 33 South Cove Road-1 (Knollwood Beach), Map No. 4, Lot No. 269.
Discussion with respect to the public hearing that closed this evening. R. McCall stated that adding the square footage to the building was adding to the nonconformity but the structure already exists close to the road and there will be no further encroachment. It is a small addition, only 25 square feet. B. Dooley stated that it will improve the architectural character of the house, it will also be in harmony with th neighborhood. Also fixing the front door so that it opens fully is a safety issue and should be done.
A Motion was made by B. Dooley, seconded by R. McCall to GRANT Application No. 09/10-15 - Surmanis to add the 25 square foot addition to the home. The hardship is the fact that there is a safety issue with the house, the house will not encroach any farther on the street than it already does and it is in harmony with the neighborhood. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, B. Dooley, J. Strickland Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
09/10-16 – Nicholas Inferrera seeks a variance of Par.10.7.1 (nonconformity), Par. 10.8.2 (nonconformity/lot), Par. 10.8.4 (nonconformity/lot), Par. 24.5.1 as modified by Par. 68.1.2 B4 (setback – narrow street setback/30 ft. required/propose 10.9' for house/propose 27.5' for penthouse) and Par. 24.5.3 (sideyard setback/ 15' required/propose 10.5') of the Zoning Regulations to allow closing in of area shown as porch on previous plan approved by ZBA (on 12/12/07) and to approve expansion of penthouse from 9' x 9' (as shown on plan approved 12/12/07) to 10' x 12' as built and the shed is to be removed on property located at 16 Uncas Road (Cornfield Point), Map No. 1, Lot No. 120.
Due to the lateness of the hour, Attorney William Childress, agent for the applicant, requested that the public hearing be opened and continued to the February 10, 2010 meeting.
A Motion was made by R. McCall, seconded by D. Alexander to CONTINUE Application No. 09/10-16 - Inferrera to the February 10, 2010 Regular Meeting to be held in the first floor conference room at 7:30 p.m. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, B. Dooley, J. Strickland Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
New Business:
1 ) Election of Officers: Nominations for Chairman, Vice Chairman and Secretary -
Chairman: D. Alexander nominated R. McCall to serve as Chairman, B. Dooley seconded the nomination. D. Alexander moved to close nominations for Chairman, B. Dooley seconded the motion. A vote was taken: In favor: D. Alexander, J. Strickland, B. Dooley, C. Gosselin Opposed: None Abstaining: R. McCall The motion passed. 4-0-1 Rexford McCall was elected Chairman.
Vice Chairman: R. McCall nominated D. Alexander to serve as Vice Chairman, J. Strickland seconded the nomination. R. McCall moved to close nominations for Vice Chairman, J. Strickland seconded the motion. A vote was taken: In favor: R. McCall, J. Strickland, B. Dooley, C. Gosselin Opposed: None Abstaining: D. Alexander The motion passed. 4-0-1 Dorothy Alexander was elected Vice Chairman.
Secretary: R. McCall nominated J. Strickland to serve as Secretary, C. Gosselin seconded the nomination. R. McCall moved to close nominations for Secretary, C. Gosselin seconded the motion. A vote was taken: In favor: D. Alexander, R. McCall, B. Dooley, C. Gosselin Opposed: None Abstaining: J. Strickland The motion passed. 4-0-1 Joan Strickland was elected Secretary.
Minutes: A Motion was made by R. McCall, seconded by C. Gosselin to approve the Minutes of the December 9, 2009 Regular Meeting as presented. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, B. Dooley, J. Strickland 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 January 13, 2010 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 11:45 p.m.
The next Regular Meeting of the ZBA will be on Wednesday, February 10, 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
Old Saybrook, Connecticut 06475
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