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 Thursday, February 11, 2010 at 7:30 p.m. at the Town Hall, Second Floor Conference Room, 302 Main Street (rescheduled from Wed., February 10, 2010 due to snow), decided the following appeal:
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, John Bennet, Counsel for the Zoning Board of Appeals with respect to the Channelside Appeal, 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 7:32 p.m. and has been recorded on tape. 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. There were no public hearings this evening and the meeting started with the Regular Meeting
REGULAR MEETING
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 at the February Regular Meeting and the Board had time to go over the material presented during that public hearing. Attorney John Bennet was hired by the Zoning Board of Appeals, after the close of the public hearing, since there was a perceived conflict of interest between the Board’s attorney, Michael Cronin and the appellant. Attorney Bennet had listened to the tapes of the public hearing and reviewed the entire Channelside file. Attorney Bennet discussed with the Board the relevant points pertaining to the appeal, he also cited several court cases and the subsequent outcome of those cases.
The Board discussed how the basin was a man-made water dependent area and whether or not boats had established a use. C. Gosselin asked if the use had ever been abandoned, the answer was it was not abandoned, since it was documented at the public hearing that small water craft have been seen in the basin before and after 1973. There was discussion with respect to Section 10.6.1 of the Zoning Regulations and the term “enlargement” since the Regulations refer to docks and wharfs as an accessory structure on lots that have water frontage. The lots do not front on the water since the Homeowners Association owns the strip of land that fronts the water. There was lengthy discussion as to whether it was an expansion of the use or a physical expansion with respect to the structures.
The Board determined that docks and boats have been a pre-existing nonconforming use since 1973 and it was always the intent since the man-made basin was dug to use it for boats and docks. The
Certificate of Zoning Compliance details the number of boats that can be docked on the west side of the basin, the Certificate of Zoning Compliance is very detailed.
A Motion was made by R. McCall, seconded by D. Alexander to DISMISS the Appeal on Application No. 09/10-12(a) - Appeal by William Thiele and uphold the issuance of the Zoning Compliance since there has been continued use of the nonconformities since 1973 for the use of boats and docking in this area, the Certificate of Zoning Compliance imposes the limit on the number and size of the boats and reduces the potential number and size of the boats using the facility. Discussion: very good point. No further 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 The ZEO’s issuance of the Certificate of Zoning Compliance was
upheld.
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 snow, Attorney William Childress, agent for the applicant, requested that the public hearing be opened and continued to the March 10, 2010 meeting.
A Motion was made by R. McCall, seconded by D. Alexander to CONTINUE Application No. 09/10-16 - Inferrera to the March 10, 2010 Regular Meeting which will 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
Minutes: A Motion was made by R. McCall, seconded by C. Gosselin to approve the Minutes of the January 13, 2010 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 February 11, 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 8:50 p.m.
The next Regular Meeting of the ZBA will be on Wednesday, March 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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