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, September 8, 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, Chris Gosselin, Joan Strickland and Skip Johnson (alternate)
Present: Mary Kennedy (alternate), Kim Barrows, Clerk
Absent: Brian Dooley, 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.
10/11-01 – Gary J. Forbes and Elizabeth R. Forbes seek a variance of Par.10.7.1 (nonconformity) and Par. 24.5.1 (streetline setback) for the following: Town Beach Road/37.5' required/15' for roof overhang and 25.8' for dormer; for Ridge Road/30' required/9.0' for roof overhang and 8.6' for dormer of the Zoning Regulations to allow the retention of recently constructed roof overhang and dormer on property located at 65 Town Beach Road, Map No. 2, Lot No. 6.
Discussion with respect to the public hearing that closed this evening. C. Gosselin stated that if this was a proposal that came before the Board prior to already being constructed, he would vote in favor of it. R. McCall stated that if he looked at it prior to the improvements, he would vote for it too. S. Johnson stated that the pre-addition pictures showed stoop with three (3) steps, and obviously fill had been added to the property since now there is only about a six inch slab into the property. J. Strickland agreed with C. Gosselin, she then stated that other applicants have been before the Board with the hardship of corner lot and problems with rain and other elements at the front door. D. Alexander stated that the proposal isn’t inconsistent with the neighborhood and agrees with the
other Board members.
A Motion was made by C. Gosselin, seconded by R. McCall to GRANT Application 10/11-01 Gary J. Forbes and Elizabeth R. Forbes. That these improvements are in harmony with the neighborhood, that the character of the setback with the lot is substantial hardship for this particular piece of property, there will be no further encroachments and the dormer doesn’t exceed any height of the original ridge or certainly the height requirement for the zone. No discussion. A vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, J. Strickland, S. Johnson Opposed: None Abstaining: None. The motion passed unanimously. 5-0-0
10/11-02 – John S. Willsey seeks a variance of Par. 68.1.2.b8 (tidal wetland setback/50' required/38.14' proposed for nearest point from sunroom to tidal wetlands and 45.78' proposed for nearest point from covered porch to tidal wetlands) of the Zoning Regulations to permit additions to first floor, including deck of 677 s.f. and expansion of second floor on property located at 468 Main Street, Map No. 22, Lot No. 25-1.
Discussion with respect to the public hearing that closed this evening. J. Strickland stated that with the existing porch and moving up the bedrooms to the second floor, the applicants have a panoramic view, she does not get the concept that the hardship is that the applicants can’t enjoy the land or the view, the proposed sunroom, that encroaches into the wetland setback, is not the only place where they can enjoy the view. R. McCall stated that he didn’t think the zoning regulations address the fact that you can waive that 50' setback because of the topography of the land and whether or not we agree the 50' setback is necessary, it is part of the zoning regulations and the Board is asked to conform to those regulations as far as the need to enhance the view, as J. Strickland has pointed out, there are
many areas in that home to enjoy the panoramic view of the wetlands. R. McCall stated that he is not sufficiently conversant with the engineering phases to mitigate the runoff to allow the Board to waive that requirement simply because of the efforts to run the water off in the northerly direction rather than towards the wetlands in the east. R. McCall stated that he has no objection to the office/study, triangular piece on roughly the west side of the building or the proposed new deck roughly to the northeast section and I applaud the fact that they will remove the triangular steps and deck already shown that encroach on the setback, but he has his doubts on granting a ten foot further encroachment into the wetlands. C. Gosselin agrees, as well as D. Alexander. D. Alexander stated that she feels those regulations are in place for a good sound reason and they are there after good, sound deliberations by elected officials and others who were
appointed and they need to be adhered to except for in very extreme circumstances.
A Motion was made by R. McCall, seconded by C. Gosselin to GRANT w/Condition Application 10/11-02, John S. Willsey to allow the construction of the proposed office or study, the proposed deck on the northeastern portion and the removal of the existing steps and deck which is shown on the plan to be removed, but with the condition that the sunroom and covered porch not be approved because sufficient hardship has not been shown to grant the waiving of the 50' setback in those two areas. No further discussion. A vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, J. Strickland, S. Johnson Opposed: None Abstaining: None. The motion passed unanimously. 5-0-0
New Business:
E-mail received from Shawn Hallowell dated September 2, 2010 requesting an extension of time to commence construction due to the time it has taken get a final approval from the Flood Engineer before they can get a building permit on property located at 61 Old Post Road.
A Motion was made by R. McCall, seconded by C. Gosselin to GRANT a one year extension to obtain a building permit for Variance Application 09/10-05, 61 Old Post Road. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Strickland, C. Gosselin, S. Johnson Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
The Zoning Enforcement Officer, Chris Costa received a request from a contract purchaser for 2 Harvey Drive in Jensen’s Village to waive the A-2 survey requirement for the ZBA application. The property is located in a Business B-4 zone on a corner lot which means that the proposed one car open air carport will need a variance due to two 50' street line setbacks. Only one other lot in the entire development is in the B-4 zone and the rest are located in residence A. The ZEO has a survey of the entire development excluding houses. The purchaser is on a fixed income and wishes to draw a plot plan and will identify the pins on the lot to verify the lines as they relate to the proposed carport. The purchaser is also disabled and is trying to get the
carport in as soon as possible to avoid slipping during the winter months.
A Motion was made by R. McCall, seconded by D. Alexander to WAIVE the requirement for an A-2 Survey for a variance for 2 Harvey to propose a one car open air carport on the property which is in a B-4 zone. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Strickland, C. Gosselin, S. Johnson Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Minutes: A Motion was made by R. McCall, seconded by S. Johnson to approve the Minutes of the July 14, 2010 Regular Meeting as submitted. No further discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Strickland, C. Gosselin, S. Johnson 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 September 8, 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, S. Johnson Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 9:30 p.m.
The next Regular Meeting of the ZBA will be on Wednesday, October 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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