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, April 14, 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: Rexford McCall, Chairman, Dorothy Alexander, Vice Chairman, Brian Dooley, Joan Strickland, Secretary, Kent (Skip) Johnson (alternate) and Mary Kennedy (alternate), who was seated for Application 09/10-22, Tissa’s Country Market only. D. Alexander recused herself from Application 09/10-22 only.
Present: Christina M. Costa, Zoning Enforcement Officer, Kim Barrows, Clerk
Absent: Chris Gosselin and Allan Fogg (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.
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 30, 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, May 12, 2010 at 7:30 p.m. in the first floor conference room, Town Hall.
09/10-22 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 continuation of historic ice cream and soda fountain while adding deli-style food preparation and food service also maintaining retail sales on the pharmacy side of property located at 2 Pennywise Lane, Map No. 30, Lot No. 3.
After approximately two (2) hours of testimony, the consensus of the Board was to continue the Public Hearing until the May 12, 2010 meeting to digest the testimony heard this evening and seek advice from counsel as to how to proceed with respect to crafting a motion to either grant or deny the variances and also contemplate imposing conditions. There was testimony from abutting neighbors who were concerned about the expansion of commercial use on the property, also what would happen in the event the current occupants moved to another location, what type of commercial business would go into the space. There were several signatures in support of the application (a petition of approximately 369 signatures), approximately 13 or so signatures were from residents on Pennywise Lane and Main Street.
A Motion was made by R. McCall, seconded by M. Kennedy to CONTINUE the Public Hearing on Application 09/10-22 James Gallery & Soda Fountain, LLC (owner), Tissa’ Country Market (applicant) to seek advice from staff and counsel as to how to proceed with respect to crafting a motion on the application. No discussion and a vote was taken: In favor: R. McCall, B. Dooley, J. Strickland, M. Kennedy, K. Johnson Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
09/10-23 C – Sandra G. Friedman seeks a variance of Section 10.7.1 (nonconformity), Section 24.5.3 (sideyard setback/ 15' required/ .5' proposed) and Section 68.1.2.b8 (tidal wetland setback/50' required/29' proposed) of the Zoning Regulations to permit extension of existing deck (296 sq. ft. on the northwesterly portion of the property) which will sit on top of existing retaining wall adjacent to existing deck on property located at 81 Plum Bank Road, Map No. 006, Lot No. 007.
Discussion with respect to the public hearing that closed this evening. R. McCall stated that the applicants already have access to the house, and the reasoning for the variance was to gain access to the house. R. McCall stated that he can’t agree to grant a variance for a deck that goes right up to the property line. B. Dooley stated that he is concerned about access to the sea wall and the surge of water onto the deck. J. Strickland stated that the decking will be on top of the existing seawall which is .5 feet from the property line. There is a concern about maintenance of both the sea wall and the deck since there is not an easement agreement to access the abutting property. K. Johnson concurs with the Board members.
Motion was made by R. McCall, seconded by J. Strickland to DENY Application 09/10-23C Sandra G. Friedman. Sufficient hardship has not been shown to justify construction of the deck right up to the northern boundary line. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Strickland, K. Johnson Opposed: B. Dooley Abstaining: None The motion passed. 4-1-0
09/10-24 – Andrea Isaacs seeks a variance of Par. 7.3 (setback) and Section 41.6.1 (setback from streetline/50' required/27.9' proposed) of the Zoning Regulations to permit re-roofing, replacement of small shed dormer with unoccupied cupola structure approximately 7' x 7'. No additional floor area, aesthetic purposes only on property located at 256 Boston Post Road, Map No. 44, Lot No. 25.
Discussion with respect to the public hearing that closed this evening. The applicant is replacing the roof on the building and would like to enhance the building by adding some architectural features, i.e. a cupola with a decorative light inside. The applicant appeared before the Architectural Review Board (ARB) and approved the design with some modifications, i.e. eaves perpendicular to the roofline, vertical siding on the dormer, metal standing seam roof and a wind vane. The ARB only offers the modifications as “observations and recommendations” for the consideration of the applicant. During the public hearing the applicant stated that the vertical siding on the dormer was fine, as well as the wind vane. The metal roof would be cost prohibitive. The consensus of the Board was
to agree with the applicant.
Motion was made by B. Dooley, seconded by K. Johnson to GRANT Application 09/10-24 Andrea Isaacs. The extension is vertical, the footprint will remain the same, there will be no living space on the second floor in the cupola area and a decorative light will be allowed, as well as a weathervane and vertical siding on the dormer. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, B. Dooley, J. Strickland, K. Johnson Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
09/10-25 – Judith K. Raffalo seeks a variance of Par. 10.6.1 (nonconformity enlargement), Par. 10.6.2 (nonconformity change) and Par. 24.5.1 as modified by Par. 68.1.2 B4 (setback – narrow street setback/30 ft. required/propose 9.8') to permit a portico (5'x6') with columns attached to a 5.5' x 4.5' stoop (24.75 sq. ft.), residing to fit existing roofline and granite walkway on property located at 2 Neptune Drive, Map No. 4, Lot No. 231.
Discussion with respect to the public hearing that closed this evening. The hardship is that the house was built prior to zoning in 1929 which is within the required setback. The existing steps were crumbling had needed to be replaced for safety reasons. The portico will give the occupants protection from the elements. The proposal is in harmony with the neighborhood.
Motion was made by J. Strickland, seconded by B. Dooley to GRANT Application 09/10-25 Judith K. Raffalo, 2 Neptune Drive. The hardship is that the existing stoop no longer exists and poses a safety hazard. The age of the house was built before zoning for this area and the existing house already encroaches into the setback, so to create a new step to the house it requires an encroachment into the setback. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, B. Dooley, J. Strickland, K. Johnson Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Mary Kennedy (alternate) left the meeting at 10:45 p.m.
09/10-26 C – Stephan P. Brodeur seeks a variance of Section 10.7.1 (nonconformity), Par. 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/maintain 25') to permit removal of existing shed and construction of detached 22' x 18' 2" garage, also to raise roof over 50% of dwelling to create vaulted ceiling over kitchen and living room. Footprint of dwelling will not change on property located at 5 Old Colony Road, Map No. 3, Lot No. 265.
Discussion with respect to the public hearing that closed this evening. The existing shed will be removed thereby removing a nonconformity. There will be no expansion of the footprint, the proposal is to raise the roof over a portion of the existing house. The consensus of the Board was to grant the variances requested.
Motion was made by R. McCall, seconded by D. Alexander to GRANT Application 09/10-26C Stephan P. Brodeur. The proposal will eliminate one nonconformity, the existing shed, it will not enlarge the footprint of the building, there will be no change in it, it will simply raise the roof on a portion of the house to improve the aesthetics of the building and it is in harmony with the neighborhood and will increase property values. The CAM application is also approved. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, B. Dooley, J. Strickland, K. Johnson Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Minutes: A Motion was made by B. Dooley, seconded by D. Alexander to approve the Minutes of the March 10, 2010 Regular Meeting as presented. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, B. Dooley, J. Strickland, K. Johnson Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Adjournment: A Motion was made by R. McCall, seconded by J. Strickland to adjourn the April 14, 2010 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Strickland, B. Dooley, K. Johnson Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 11:10 p.m.
The next Regular Meeting of the ZBA will be on Wednesday, May 12, 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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