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, November 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: Rexford McCall, Chairman, Dorothy Alexander, Vice Chairman, Chris Gosselin, Joan Strickland and Mary Kennedy (alternate)
Present: Kim Barrows, Clerk
Absent: Brian Dooley, Kent (Skip) Johnson (alternate) 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.
10/11-3 C Angela Ferrucci and Jonathan Cook seek a variance of Par.10.7.1 (nonconformity), Par.10.7.2 (enlargement/change), Par. 10.8.3 (nonconformity/lots and area) and Par. 24.5.1 as modified by Par. 68.1.2 B4 (setback – narrow street setback/30 ft. required/ 27.65' to street line) of the Zoning Regulations to permit an addition to connect residential dwelling to detached garage providing access to second floor of house and finished room over garage, part of rear deck to be removed to reduce lot coverage on property located at
73 River Street, Map No. 49, Lot No. 29.
M. Kennedy was not seated for this one variance application
Discussion with respect to the public hearing that closed this evening. The public hearing was opened on October 13th and continued in order to obtain the Gateway Commissions approval. A letter from J. H. Torrance Downes was entered into the record stating that the Gateway Commission did not object to the proposal. The hardship is the land itself. The applicant can’t expand in any other direction. The addition is between the existing house and detached garage. C. Gosselin stated that the applicant is willing to bring the existing shed into compliance with the 10 foot setback. D. Alexander stated that the applicants will keep the existing trees and foliage in place. The Board also discussed the error in the amount of land indicated on the Assessor’s card and
the actual amount on the survey.
A Motion was made by C. Gosselin, seconded by R. McCall to GRANT w/condition Application 10/11-03C, Ferrucci/Cook. The appeal is in harmony with the neighborhood, it has little to no impact with the Gateway standards and the hardship is that the available land to build on is limited with the setback distances to the sidelines and also with the placement of the septic system. The proposed location is the only place for the addition. The shed will be brought into compliance with the 10' required setback. The CAM is also approved. No discussion. A vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, J. Strickland Opposed: None Abstaining: None. The motion passed unanimously. 4-0-0
10/11-5 Scott Sayer seeks a variance of Par. 10.7.1 (nonconformity) and Par. 58.6 (Gateway Riparian Buffer) of the Zoning Regulations to permit reconfiguration of the garage roofline by lowering it to allow useable second floor space on property located at 17 Third Avenue (Floral Park), Map No. 58, Lot No. 102.
The public hearing closed this evening. The Board discussed the comments from the neighbors, the presentation made by David Royston, the attorney for the applicants and the testimony from the Sayer’s. The Board also discussed the Gateway Riparian Buffer regulation that states “any alteration” in the Gateway area needs a variance. At this time the consensus of the Board was to seek advice from its counsel as to how to proceed with this matter and if conditions can be imposed on the granting of any variance.
A Motion was made by R. McCall, seconded by C. Gosselin to DEFER the Decision on Application 10/11-05, Sayer. The decision is being deferred in order to seek input from legal counsel. No further discussion. A vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, J. Strickland, M. Kennedy Opposed: None Abstaining: None. The motion passed unanimously. 5-0-0
10/11-6 C Robert Schreiner seeks a variance of Par. 10.7.1 (nonconformity), Par. 10.7.2 (nonconformity/change), Par. 24.5.3 (setback-other/15' required/12.87' existing from property line) and Par. 68.1.2 B8 (tidal wetlands setback/50' required/30.45' existing) of the Zoning Regulations to permit addition of a small dormer on north side of house on property located at 163 Plum Bank Road, Map No. 002, Lot No.021.
The public hearing closed this evening. The proposal is a small dormer and raising the roof, not the ridge to enhance the headroom in the upstairs master bedroom. The hardship is the safety hazard going up the stairway as it exists. The proposal is in keeping with the neighborhood and there is no further encroachment into the setbacks. R. McCall stated that there is no threat to the existing zoning regulations. C. Gosselin stated that there has been a lot of improvements going on in that neighborhood and the applicant is going up.
A Motion was made by R. McCall, seconded by M. Kennedy to GRANT Application 10/11-06 C, Schreiner for adding a full dormer on the north side of the structure, the hardship being to allow adequate headroom on the second floor and since there is no encroachment at all on the ground coverage and the setbacks. The Coastal Area Management Act also be approved as it proposes no threat in that area. No further discussion. A vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, J. Strickland, M. Kennedy Opposed: None Abstaining: None. The motion passed unanimously. 5-0-0
10/11-7 C Scott B. and Donna W. Gore seek a variance of Par. 10.7.1 (nonconformity), Par. 10.7.2 (nonconformity/change) and Par. 23.5.3 (setback-other/15' required/10.6' existing from property line) of the Zoning Regulations to permit vertical extension on existing footprint to allow partial second floor on property located at 49 Briarwood Drive, Map No. 15, Lot No.5.
The public hearing closed this evening. The applicant proposes to go up. C. Gosselin stated that great care is being taken in keeping the height down. There will be a new septic, which is a plus and there is no further encroachment in any areas.
A Motion was made by C. Gosselin, seconded by R. McCall to GRANT Application 10/11-07 C, Gore. Sufficient hardship has been demonstrated with this appeal, it is also in harmony and keeping with the character of the neighborhood. The efforts the applicant has made to minimize the height of the structure is a big plus for this particular appeal, as well as the improvement of the code compliant septic system for public health and safety. The CAM is also is approved. No further discussion. A vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, J. Strickland, M. Kennedy Opposed: None Abstaining: None. The motion passed unanimously. 5-0-0
10/11-8 Richard and Beverly Ciarcia seek a variance of Par. 10.7.1 (nonconformity), Par. 10.7.2 (nonconformity/change), Par. 24.5.1 (setback-streetline/25' required/22.03' existing) and Par. 24.6.2 (building/structure coverage/20% required/24% proposed) of the Zoning Regulations to permit expansion of breezeway to accommodate new kitchen with 4' x 11' portico to allow the addition of a laundry room and 2nd full bath, add (2) 4'.8" x 16' to garage for safety and storage, enclose front porch to allow expansion of
the main bath and re-roof/shingle house (see file for further details) on property located at 22 Fenwood Road, Map No. 5, Lot No.63.
The public hearing closed this evening. The hardship is the narrow street setback on two sides since it is a corner lot. D. Alexander has an issue with the increase in ground coverage.
A Motion was made by C. Gosselin, seconded by J. Strickland to GRANT w/condition Application 10/11-08, Ciarcia. The proposed additions and modifications to the footprint of the building are in harmony and character with the neighborhood. The plans as submitted are approved, except that the addition on the Fenwood Road side, the northwesterly side of the building, the front porch will be modified to a size of 12' x 4' not the 16' x 4'5" requested in the effort to reduce the square footage. No further discussion. A vote was taken: In favor: R. McCall, C. Gosselin, J. Strickland, M. Kennedy Opposed: D. Alexander Abstaining: None. The motion passed.
4-1-0
Minutes: A Motion was made by R. McCall, seconded by C. Gosselin to approve the Minutes of the November 13, 2010 Regular Meeting as submitted. No discussion and a vote was taken: In favor: R.
McCall, D. Alexander, J. Strickland, C. Gosselin, M. Kennedy Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
2011 Meeting Schedule: A Motion was made by R. McCall, seconded by J. Strickland to approve the 2011 Meeting Schedule as presented. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Strickland, C. Gosselin, M. Kennedy 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 November 10, 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, M. Kennedy Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 10:05 p.m.
The next Regular Meeting of the ZBA will be on Wednesday, December 8, 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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