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, February 9, 2011 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 B. Dooley
Present: Kent (Skip) Johnson (alternate), Mary Kennedy (alternate), Christina Costa, Zoning Enforcement Officer and Kim Barrows, Clerk
Absent: 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.
10/11-11 Sharon Baker seeks a variance of Par. 10.8.3 (lot area/12,500 s.f. required/8,925 s.f. proposed), Par. 24.3.4 (minimum width along street/100’ required/75’ proposed) and Par. 24.5.2 (rear yard setback/15’ required/12.75’
proposed) of the Zoning Regulations to permit construction of a two-story residential dwelling on property located at 76 Middletown Avenue (merging of 2 lots), Map No. 019, Lot Nos. 218, 219.
Discussion with respect to the public hearing that closed this evening. R. McCall stated that he saw no reason to not grant the variances requested. This lot is a larger than the other lots in the area (three lots merged). The minor encroachment for the step in the back is inconsequential, there needs to be access to the rear. No additional land available to make the lot larger. J. Strickland stated that this was an incredible improvement. Many of the nonconformities are being reduced.
A Motion was made by C. Gosselin, seconded by D. Alexander to GRANT Application 10/11-11, Sharon Baker. The reduction in nonconformities are substantial for what they are proposing with their plan. The combining of the three lots is a major step forward, also the increased frontage and the reduction of gross floor area is a plus. There is also a code compliant septic system. 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
10/11-12 Todd C. & Anna Marie Molesky seek a variance of Par. 10.7.1 (nonconformity/ enlargement/building to the rear/15’ required/9.57’ proposed), Par. 10.7.1 (nonconformity/ enlargement/building to the front/30’ required/26.53’ proposed narrow street), Par. 10.8.3 (lot area/12,500 s.f. required/4,267 s.f. proposed) and Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback (covered stoop)/30’ required/28.96’proposed) of the Zoning Regulations to permit construction of second story
addition over existing dwelling and garage footprint with first floor mudroom and covered stoop on property located at 11 Beechwood Road (Knollwood), Map No. 4, Lot No. 145.
Discussion with respect to the public hearing that closed this evening. There is no further encroachment except for the front entrance. The lot is an odd shaped lot on a curved street. D. Alexander has a concern with the bulk of the building. The hardship is the shape of the lot. The neighbor to the rear who would be most affected endorsed the project. The consensus of the Board was that the applicant did a good job designing the house.
A Motion was made by B. Dooley, seconded by C. Gosselin to GRANT Application 10/11-12, Todd & Anna Marie Molesky. There is only a vertical extension with minimal impact on the frontage. The contributing factors are the shape of the lot with its curvy nature, the architect did a good job in keeping the house one and a half stories. 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
10/11-13 Wayne & Ann Marie Aguiar seek a variance of Par. 10.7.1 (nonconformity/ enlargement), Par. 10.7.2 (nonconformity/change) and Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/30’ required/8’existing) of the Zoning Regulations to permit repairs to existing structure to make it code compliant, a second floor extension for stairs and raising floor elevation on property located at 5 Pelser Avenue (Chalker Beach), Map No. 18, Lot No. 56.
Discussion with respect to the public hearing that closed this evening. R. McCall stated that the only encroachment is the second floor addition, the existing footprint is not being extended. The applicant has engineering input as well as input with the Zoning Enforcement Officer. B. Dooley stated that correcting the egress and the interior stairway to the property is a positive. R. McCall stated that the property is unique with it being on a corner lot, two narrow roads intersecting with a Town right-of-way on the property.
A Motion was made by J. Strickland, seconded by C. Gosselin to GRANT Application 10/11-13, Wayne & Ann Marie Aguiar, 5 Pelser Avenue. The lot with its corner configuration and the narrow street poses a hardship. The cantilever addition is for a second floor only encroachment. The design takes care of the staircases and the water hazard which can cause
plenty of problems to the structure. 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
10/11-14C Estate of Eugean E. Heiney, Jr. seeks a variance of Par.10.8.3 (lot area/69,700 s.f. required/9,403 s.f. existing), Par. 37.2.2 (minimum square/100’ required/4.98’ (s/s) and 21.68 (w/s) proposed), Par. 58.6 (Gateway Riparian Buffer/prohibits construction/new dwelling
proposed) and Par. 68.1.2(B)8 (tidal wetlands setback/50’required/41’proposed) of the Zoning Regulations to permit removal of existing dwelling and construction of a new dwelling in compliance with FEMA requirements and new septic on property located at 29 Bridge Street, Map No. 24, Lot Nos. 50 & 51.
Attorney David Royston submitted a letter dated February 2, 2011 asking that the public hearing be opened and continued without testimony to the March 9, 2011 Regular Meeting of the Zoning Board of Appeals. Attorney Royston was present at the meeting at restated that the application is before the Gateway Commission and there will be report from that Commission before the March meeting.
A Motion was made by R. McCall, seconded by D. Alexander to CONTINUE the Public Hearing on Application 10/11-14C, Estate of Eugean E. Heiney, Jr. to the March 9, 2011 Regular Meeting to obtain a review from the Gateway Commission. 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
10/11-15 Import Properties of Old Saybrook seeks a variance of Par 64.5.2 C (signage/one sign per wall required/request two signs for front wall) of the Zoning Regulations to permit two signs on property located at 275 Middlesex Turnpike, Map No. 52, Lot No. 63-2.
Discussion with respect to the public hearing that closed this evening. The Board discussed how the regulations for signs should be rewritten to better serve the businesses of the Town. The signs proposed are 50% less than what is allowed. The signs will exactly like the drawings submitted but will not say “Old Saybrook”. The principle hardship is that if two brands of vehicles are being sold, the property owner has the right to let the public know by the signage regardless of the regulations.
A Motion was made by C. Gosselin, seconded by B. Dooley to GRANT w/condition Application 10/11-15, Import Properties of Old Saybrook. Approval is for the installation of two (2) signs to the front of the fascia of the building, the Old Saybrook sign will be deleted from the documents provided by the applicant. The signs will be installed on the center line of the fascia as represented in those drawings and the signs will also be the sizes indicated on the drawings submitted. The total sign coverage will not exceed 125 square feet. Literal enforcement of the regulations in this particular application would create an unusual hardship for the applicant. No further 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
Minutes: A Motion was made by R. McCall, seconded by C. Gosselin to approve the Minutes of December 8, 2010 Regular Meeting as submitted. No 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
Adjournment: A Motion was made by R. McCall, seconded by J. Strickland to adjourn the February 9, 2011 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 10:05 p.m.
Rexford McCall, Chairman
Old Saybrook Zoning Board of Appeals
Old Saybrook, Connecticut 06475
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