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, March 10, 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: Dorothy Alexander, Vice Chairman, C. Gosselin, Brian Dooley, Joan Strickland, Secretary and Mary Kennedy (alternate)
Present: Christina M. Costa, Zoning Enforcement Officer, Kim Barrows, Clerk
Absent: Rex McCall, Chairman, Allan Fogg (alternate) and Kent Johnson (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 Vice Chairman introduced the Board members who were seated for this evenings meeting. The Vice Chairman then proceeded to read the Legal Notice into the record.
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.
Discussion with respect to the public hearing that closed this evening. B. Dooley stated that the builder had disregarded the plans by over building the penthouse. Also the shed which was to be removed was a condition of the original approval and still remains on the property. C. Gosselin stated that the shed should be removed. He doesn’t like the fact that the applicant deviated from the plans but the slight increase in the size of the penthouse is minor in nature, it extends about a half a foot. J. Strickland stated that the shed is 3.2' from the property line. The porch was always included in the coverage, so having it become part of the house doesn’t change the coverage issue, it is still under 40%. D. Alexander agrees with B. Dooley and she wouldn’t have voted for
the penthouse due to the “bulk” factor. B. Dooley agrees with D. Alexander, if the Board grants the variance, it allows applicants to build over what has been approved. B. Dooley stated that he would be against granting the variances if the neighbors objected, but none did.
A Motion was made by J. Strickland, seconded by C. Gosselin to GRANT Application No. 09/10-16 - Inferrera since going by the plans that had been submitted dated November 17, 2005 which do show a change in the penthouse to 10' x 12' and the proposed porch being converted into interior space to the house. This variance does not substantially affect the comprehensive zoning plan and strict adherence with the zoning ordinance would cause unusual hardship in this particular case
unnecessary for carrying out the general purpose of the zoning plan and this appeal is not in conflict with the purposes set forth in the Old Saybrook zoning regulations. Also the shed that was originally to be removed should also now be removed as well. No discussion and a vote was taken: In favor: C. Gosselin, B. Dooley, J. Strickland, M. Kennedy Opposed: None Abstaining: D. Alexander The motion passed. 4-0-1
09/10-17 B Stephen Hanford seeks a variance of Par. 41.6.1 (street setback 50 ft. req./3' proposed) of the Zoning Regulations to allow a two sided, 2' x 4' sign closer to the road on property located at 102 Ingham Hill Road, Map No. 35, Lot Nos. 008/0004.
Discussion with respect to the public hearing that closed this evening. B. Dooley stated that it is an attractive sign. The size will be what is stated on the application. C. Gosselin agreed and the drawing on file depicts the size of the sign and proportions.
A Motion was made by B. Dooley, seconded by C. Gosselin to GRANT Application 09/10-17 - Stephen Hanford for the sign that is specified on the drawing that is on file, it is to be of wood construction, not lighted and with the dimensions of 60 inches tall by 5 feet wide. No discussion and a vote was taken: In favor: D. Alexander, C. Gosselin, B. Dooley, J. Strickland, M. Kennedy Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
09/10-18 – Richard C. and Dolores T. Cortellessa seek a variance of Par. 10.8.2 (nonconformity/lot), Par. 10.8.4 (nonconformity/lots), Par. 24.3.1 (10.8.3) (lot area, 12,500 s.f. req./8,000 s.f. proposed), Par. 24.6.2 (building coverage, 20% req./23.1% proposed), Par. 24.3.2 (min. dimension of square 100' req./80' proposed) and Par. 24.3.4 (min. width along bldg. line 100' req./80') of the Zoning Regulations to permit demolition of existing year round single family dwelling and permit construction of new single family dwelling on property located at 31 Clearwater Road, Map No. 3, Lot No. 57.
Discussion with respect to the public hearing that closed this evening. C. Gosselin stated that the new septic system is a benefit to the Town. Plus the applicant is reducing the existing nonconformities and the height of the house will be 26 feet. B. Dooley agrees. The neighbors approve the design and proposal. It is in harmony with the neighborhood.
A Motion was made by C. Gosselin, seconded by J. Strickland to GRANT Application 09/10-18 - Richard C. and Dolores T. Cortellessa . The proposal is in harmony with the neighborhood, there is a public health aspect with the improved septic system which is to the benefit of the Town, the neighborhood and the applicant. The reduction of the nonconformities as far as setback is certainly worth the trade off in the increase in floor area. The hardship is the size of the lot in the beach area makes it difficult for an applicant to comply with the regulations as they are currently written. No discussion and a vote was taken: In favor: D. Alexander, C. Gosselin, B. Dooley, J. Strickland, M. Kennedy Opposed: None Abstaining: None The motion passed
unanimously. 5-0-0
09/10-19 – Saybrook Point Marina, LLC seeks a variance of Par. 37.4.2 (street setback, 25' req/ 21.5' proposed), Par. 37.4.3 B (setback, 15' req./proposed 4.10'), Par 7.4.4 (narrow street setback, 50' req./ 12.8' proposed), 37.5.2 (gross floor area, 40% req./proposed 51.8%) and Par. 37.1 (permitted uses) of the Zoning Regulations to permit 3 story, 3 suite residence with elevator and also rebuilt former bait shop structure on property located at 21 Bridge Street, Map No. 24, Lot No. 53.
By letter dated March 5, 2010 from Thomas J. MacDonald, AIA, agent for the applicant, the application of Saybrook Point Marina, LLC was withdrawn.
09/10-20 – Saybrook Ambulance Association seeks a variance of Section No. 128-19G of the Flood Plain Ordinance (6" for base flood elevation) to permit addition to existing building to increase office space and ambulance area on property located at 316 Main Street, Map No. 30, Lot No. 67.
Discussion with respect to the public hearing that closed this evening. B. Dooley in favor of the application. It is an existing building, not a new structure. Applicant has taken into consideration health and safety issues. C. Gosselin agrees, he feels this design makes perfect sense. To raise the addition for 6 inches is an unnecessary expense considering that the current elevation is a foot and a half over the required FEMA flood regulation elevation. Geoff Jacobson, the engineer who reviews the applications has no objection to granting the variance.
A Motion was made by C. Gosselin, seconded by D. Alexander to GRANT Application 09/10-20 - Saybrook Ambulance Association. The appeal meets the spirit of the zoning regulations and there is not a hardship varying the flood requirements since it is already a foot and a half above the FEMA standards. This variance does not substantially affect the Flood Plain Management Ordinance and strict adherence with the Ordinance in regard to this elevation issue would cause unusual hardship for the applicant in this particular case, and is unnecessary for carrying out the general purpose of the Ordinance and this appeal is not in conflict with the purposes set forth in the Flood Plain Management Ordinance. No discussion and a vote was taken: In
favor: D. Alexander, C. Gosselin, B. Dooley, J. Strickland, M. Kennedy Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
09/10-21 C – Between the Bridges, LLC seeks a variance of Section 3.4 (Compliance), Section 5.1 (General Standards), Section 5.3.2 (non-residential construction) and Section 5.3.3 (fully enclosed areas below base flood elevation) of the Flood Plain Ordinance (base flood elevations 6.5' as to bathrooms, 6.2' as to new building and 4.2' as to existing building) to permit additions and new construction on property located at 142 Ferry Road, Map No. 45, Lot Nos. 29 & 29-1.
The Board received a letter dated March 10, 2010 from Attorney William Childress, agent for the applicant, requesting that the opening of the public hearing be deferred until next month. The public hearing on Between the Bridges, LLC will open on Wednesday, April 14, 2010 at 7:30 p.m. in the first floor conference room, Town Hall.
Minutes: A Motion was made by C. Gosselin, seconded by D. Alexander to approve the Minutes of the February 10, 2010 Regular Meeting as presented. No discussion and a vote was taken: In favor: D. Alexander, C. Gosselin, B. Dooley, J. Strickland, M. Kennedy Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Adjournment: A Motion was made by C. Gosselin, seconded by M. Kennedy to adjourn the March 10, 2010 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: D. Alexander, C. Gosselin, J. Strickland, B. Dooley, M. Kennedy Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 9:15 p.m.
The next Regular Meeting of the ZBA will be on Wednesday, April 14, 2010 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.
Dorothy Alexander, Vice Chairman
Old Saybrook Zoning Board of Appeals
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