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, December 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 Brian Dooley
Present: Mary Kennedy (alternate) was seated for Application 10/11-5 Scott Sayer only, Kent (Skip) Johnson (alternate), Christina Costa, Zoning Enforcement Officer and Kim Barrows, Clerk
Absent: Allan Fogg (alternate)
The meeting was then called to order at 7:32 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.
A Motion was made by R. McCall, seconded by D. Alexander to change the order of the agenda to hear Application 10/11 -10 C before application 10/11 - 9 since both Chris Costa and Attorney Royston were also to attend the Zoning Commission meeting as well. 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
Mary Kennedy was seated in place of Brian Dooley for Application 10/11-5, Scott Sayer only.
10/11-5B 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 on November 10th and the decision was deferred until tonight to seek advice from legal counsel on whether or not a condition can be placed on this variance. The Board sought the advice of Attorney Eric Knapp who is the attorney for the Zoning Commission since Attorney Michael Cronin (ZBA counsel) represented the applicants in the purchase of this property. In Attorney Knapp’s letter dated November 23, 2010, he states that he is not giving specific information as to the granting or the denying of this variance. R. McCall read the letter into the record along with the two motions drafted by Attorney Knapp, one to grant and one to deny, in their entirety. C. Gosselin stated that there are procedures in place if the applicant wants to, in the future, do something else
with the property. Permits would need to be taken out and approved by the Zoning Enforcement Officer. Conditions cannot be placed on this property for something that might happen in the future. J. Strickland stated that the neighbors had issues with what might happen. D. Alexander also stated that she had issues with the granting of the variance. As C. Gosselin stated earlier, apartments are allowed in that zone and the applicant would just need to obtain a permit. There are several things that are allowed in the zone in accordance with the zoning regulations. R. McCall made a motion and paraphrased the motion to grant submitted, but is written in its entirety as follows:
A Motion was made by R. McCall, seconded by C. Gosselin to GRANT Application 10/11-05, Sayer. The Zoning Board of Appeals of the Town of Old Saybrook (the “Board”) makes the following findings based on the record before it:
1. The Board received the application for a variance from Scott Sayer (“Applicant”) in order to reconfigure the roof of an attached garage located at 17 Third Avenue, Old Saybrook, Connecticut (the “Property”).
2. The application requests the variance of the following two sections of the Old Saybrook Zoning Regulations (the “Regulations”): 58.6 Gateway Riparian Buffer and 10.7.1, Alteration of a Non-conforming Building.
3. The specific proposal involves the reconfiguration of the roof of the garage by lowering the side facing the driveway by approximately 2.5 feet, and raising the side facing the water by approximately 8 feet, resulting in an over all lower peak of the structure by approximately 2.5 feet.
4. As the location of the garage is 100' of Hydes Point Creek and its associated tidal wetlands, it falls within the Gateway Riparian Buffer. Section 58.6 of the Regulations prohibits the erection or alteration of buildings within this buffer area.
5. Likewise, as the existing building is nonconforming within this buffer area, its alteration is prohibited under Section 10.7.1 of the Regulations.
6. The configuration of the Property, in which nearly the entire existing structure of the house and garage is within the Gateway Buffer, is unique in that the house pre-dates the overlay Gateway Conservation Zone and now can no longer be altered in any manner.
7. The proposed structure, being lower in height, is consistent with the goals of the Gateway Conservation Zone, which is designed to reduce the visibility of the structure from the Connecticut River and similar tidal areas. The Board finds that the potential for placement of windows on the reconfigured garage does not outweigh the benefits of the lower roofline.
8. The Board finds that the reconfiguration of the roof line provides for a reduction in the nonconformity of the over all structure and therefore the reduction in nonconformity in addition to the hardship allows the Board to grant a variance for the Property.
For the preceding reasons, in addition to the evidence on the record, the Board hereby grants the variances sought by the applicant. No 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
Brian Dooley is seated for the rest of the meeting.
10/11-10 C B Raffelina Leone seeks a variance of Par. 10.8.3 (lot area/12,500 s.f. required/2,473 s.f. proposed), Par. 24.3.2A (minimum square/100’ required/7’ proposed) and Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/30’ required/8.8’ proposed) of the Zoning Regulations to permit construction of a two story, 3 bedroom dwelling containing 1,584 square feet on property located at South Cove Road (Knollwood), Map No. 4, Lot No. 278.
The public hearing closed this evening. During the public hearing it was disclosed that the applicant herself would not be building this home, but needed the variances to assure potential buyers that this particular lot could be built upon and is classified as a valid building lot. R. McCall stated that if the variance is granted that the motion should state that the footprint on the site plan will be adhered to. The type of house, whether Cape Cod or Colonial style, would meet all the dimensions noted on the plan provided with the variance application.
A Motion was made by C. Gosselin, seconded by J. Strickland to GRANT Application 10/11-10C - Raffelina Leone. The hardship has been clearly demonstrated, the applicants appeal certainly outlines the confiscatory nature of what would happen if it was not granted. The argument makes perfect sense and it would be a taking of the property if the variance was not granted. Part of the approval includes the Site Development Plan for the applicants at South Cove Road, Old Saybrook, Connecticut dated July 27, 2010. The proposed three bedroom home is clearly indicated on the plan and all dimensions will be adhered to in the construction of that home on the footprint noted and with the setbacks. This variance does not substantially affect the comprehensive zoning plan, strict adherence of the
zoning regulations would truly cause an unusual hardship and it would be confiscatory and 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 regulations. The CAM application is granted as well. No discussion. 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
10/11-9 B Sybil Nassau seeks a variance of Par. 10.7.1 (nonconformity), Par. 10.7.2 (nonconformity/change) and Par. 34.6.1 (streetline setback/50’ required/25’ remain after 12’ carport addition) of the Zoning Regulations to permit a 12’ x 22’ carport on property located at 2 Harvey Drive (Jensens Yankee Village), Map No. 25, Lot No. 20-1.
The public hearing closed this evening. D. Alexander asked where the hardship was with this request. R. McCall stated that the hardship is that it is a unique situation in the sense that there are no other residences in the area that are in the business zone along Route 1. J. Strickland asked when the complex was built, it was in the early 1970's and this property has been a residence ever since. The business zone requires a larger front setback, whereas the residence zone would require 25'. So with the addition of the carport, the dwelling would still have the 25 feet required by the regulation if it were in a residence zone like the other homes in the complex. B. Dooley stated that once the door is opened to grant variances for carports in the complex, others will be wanting
carports as well. Most of the lots in the complex are very small. D. Alexander stated that due to the hardship the applicant put on the application, the Board was precluded by law to grant the variance. C. Costa mentioned that the two homes in the complex in the business zone could go to the Zoning Commission for a map change to take them out of the business zone.
A Motion was made by C. Gosselin, seconded by J. Strickland to GRANT Application 10/11-9 - Sybil Nassau. The hardship for this particular application is the residential use in a business zone which puts this structure in violation. The addition is in character with the neighborhood, it is a modest structure, only 288 s.q. feet, and meets all other zoning requirements. Discussion: D. Alexander asked if this proposal had been in a residence zone, would the carport be ok. The answer was yes, the applicant would not have had to come before the ZBA. No further discussion. A vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, J. Strickland Opposed: B. Dooley Abstaining: None. The motion passed. 4-1-0
Minutes: A Motion was made by R. McCall, seconded by D. Alexander to approve the Minutes of the November 10, 2010 Regular Meeting with the following correction: under voting session for Appeal No. 10/11 - 08 Ciarcia, 22 Fenwood Road, to change dormer on the “south” to the “north”. No further discussion and a vote was taken: In favor: R. McCall, D. Alexander, J. Strickland, C. Gosselin, B. Dooley Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
New Business:
1 ) Election of Officers: Nominations for Chairman, Vice Chairman and Secretary -
Chairman: D. Alexander nominated R. McCall to serve as Chairman, B. Dooley seconded the nomination. D. Alexander moved to close nominations for Chairman, B. Dooley seconded the motion. A vote was taken: In favor: D. Alexander, J. Strickland, B. Dooley, C. Gosselin Opposed: None Abstaining: R. McCall The motion passed. 4-0-1 Rexford McCall was elected Chairman.
Vice Chairman: R. McCall nominated D. Alexander to serve as Vice Chairman, B. Dooley seconded the nomination. R. McCall moved to close nominations for Vice Chairman, B. Dooley seconded the motion. A vote was taken: In favor: R. McCall, J. Strickland, B. Dooley, C. Gosselin Opposed: None Abstaining: D. Alexander The motion passed. 4-0-1 Dorothy Alexander was elected Vice Chairman.
Secretary: R. McCall nominated C. Gosselin to serve as Secretary, J. Strickland seconded the nomination. R. McCall moved to close nominations for Secretary, J. Strickland seconded the motion. A vote was taken: In favor: D. Alexander, R. McCall, B. Dooley, J. Strickland Opposed: None Abstaining: C. Gosselin The motion passed. 4-0-1 Chris Gosselin was elected Secretary.
Adjournment: A Motion was made by R. McCall, seconded by D. Alexander to adjourn the December 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, B. Dooley Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 9:32 p.m.
The next Regular Meeting of the ZBA will be on Wednesday, January 12, 2011 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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