MINUTES
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.
PUBLIC HEARING:
Present: Edward Cassella, Esquire, agent for the applicant; Ms. Sharon Baker, applicant; Joseph Wren, P.E.
Attorney Cassella gave his presentation. There was an 85' x 35' lot with a residence on it that has been torn down. The applicant had two adjoining lots and is adding this lot for a total
of 8,925 square feet which is still below the required square footage of 12,500 in this zone. The applicant would like to build a house on these three combined lots but can’t meet the
minimum width along the street, which 100 feet is required and the property only has 75 feet. There is a slight rear yard encroachment due to the access stairs to the house and stairs are
treated as a structure under the regulations. The house will have a code compliant septic system. The hardship is that the triple lot does not meet zoning regulations and it also doesn’t
meet the Residential A frontage requirement. Middletown Avenue is a narrow street. R. McCall asked if the home would line up with the rest of the homes in the area, Attorney Cassella
stated that it will be slightly different.
The height of the building will be 32 feet, the height allowed is 35 feet. The house is also under the allowed gross floor area requirement. Attorney Cassella turned the floor over to Mr. Wren who went over the floor plans and the septic design. The septic system is a fully code compliant system that will sustain a three bedroom home. There is no other abutting property to add on to the lot to make it the required 12, 500 square feet. It was discussed that the first floor elevation of the house will be 10 feet.
The following letters were entered into the record in support: Katherine Capodicasa and Kimberly Carbone of 72 Middletown Avenue; K. Osgood of Old Saybrook dated February 1, 2011; Tommasina and Michele Bruno of 78 Middletown Ave., dated February 1, 2011 and a letter from Sheri Clark of 77 Middletown Avenue dated February 4, 2011 stating out of town, like to review file February 14th.
The Chairman then opened the floor for comments either in favor or in opposition. There was no audience participation and no further comments from the Board. The public hearing closed at 7:55 p.m.
VOTING SESSION:
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.
PUBLIC HEARING:
Present: David Royston, Esquire, agent for the applicant; Mrs. Molesky, applicant and J. Brian Buckley, architect.
Attorney Royston gave his presentation. The applicants would like to upgrade their one and a half story existing dwelling. The applicant is seeking to do a second story addition with bedrooms on the second floor that will be over the existing footprint and include the garage area to the rear. One of the additions does not extend over the existing structure and that is an entrance way to the mudroom that has a roof overhang which encroaches into the setback. The lot is a double lot with 9,000 +/- square feet. There is only a vertical extension into two setbacks, one being the front corner of the garage. This is a pre-existing, nonconforming lot with narrow street setbacks.
The Chairman read into the records the following letters in support of the project: Jean Kramer of 35 Knollwood, letter not dated; Evelyn Gagliardi of 37 Atlantic Drive dated January, 2011; Jim and Myra DeNapoli of 14 Beechwood Road dated January 30, 2011; Ranald and Lori Raecek of 42 Atlantic Drive dated January, 2011; Thomas W. Slingsby, II of Old Saybrook dated January 29, 2011; E. Richard and Angela M. Covert of 41 Knollwood Drive dated February 2, 2011; Ed and Nancy Magrogan of 7 Beechwood Road dated February 1, 2011 and Ray and Gloria Klancko of 15 Beechwood Road dated January, 2011.
The floor was then turned over to Mr. Brian Buckley, the designer of the project for his presentation. Mr. Buckley showed the Board pictures of the existing 1 ½ story house and stated that the proposed second story is not technically a full second story, there will not be attic space above the living space. The second floor will be rebuilt to reflect a “cape” style home. C. Gossselin asked about the height of the structure, it will be 26'. There will be the existing house and garage, with a connector between the two. The Health District has approved the existing septic system for a 3 or 4 bedroom house. The building coverage increases slightly, gross floor area allowed is 40%, 30.28% proposed and maximum building coverage allowed is 20%, 16.55% is proposed. R.
McCall stated that the vertical extensions only encroach into the setbacks. D. Alexander felt that there is too much bulk, it would look like a large rectangle. C. Gosselin stated that it was a creative use of the space. The Chairman then opened the floor for comments either in favor or in opposition. Mr. Joseph Carroll of 12 Beechwood spoke in favor. There was no further audience participation and no further comments from the Board. The public hearing closed at 8:27 p.m.
VOTING SESSION:
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.
PUBLIC HEARING:
Present: Mr. Wayne Aguiar, applicant
Mr. Aquiar gave his presentation. The property has water in the basement and he would like to raise the elevation of the floor two feet and change the asphalt driveway to a gravel driveway to help with the drainage in the area. He would also like to bring the dwelling up to current codes. Mr. Aquiar also proposes to cantilever the second floor out 4 feet and 20 feet across the back of the house, this will allow him to put a staircase that meets code to the second floor. The proposed height of the house will go from 25' to 28', there is a total of 35 feet in height allowed in this zone. Mr. Aguiar discussed the floor plans, there will be an entryway with an overhang and a slab floor for the basement. The hardship is the placement of the house on the lot, two intersecting narrow streets
and a Town right-of-way abutting the property. There were no letters in the file either in support or in opposition. Mr. Aguiar stated that the neighbor, Mr. LaPierre of 4 Kenn Road did call him to say he had no problem with the project.
The Chairman then opened the floor for comments either in favor or in opposition. There was no audience participation and no further comments from the Board. The public hearing closed at 8:47 p.m.
VOTING SESSION:
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.
PUBLIC HEARING:
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.
PUBLIC HEARING:
Present: Mr. John Morrison, CT Signs, agent for the applicant; Mr. Landon Sock, 275 Middlesex Turnpike, owner of Import Properties, applicant
Mr. Morrison gave his presentation. Mr. Sock has owned the Kia dealership since 2005 and has added to the dealership a Mazda franchise. The Mazda franchise requires a sign stating what is being sold so the applicant would like to add a Mazda sign to the front of the building (see pictures in file). Mr. Sock then explained the difference between a tier 1 and tier 2 dealership to the Board. Mr. Morrison showed the Board other signs in the “Auto Mall” and explained how other dealerships had more than one sign. Ms. Costa, the Zoning Enforcement Officer explained how the other dealerships were able to get their signs. C. Gosselin read into the record the sign regulations to the other members. There had been some confusion as to how the applicant could make two
signs on the front facade and there was discussion as to mounting a sign on the roof (which is not allowed in the zoning regulations). The hardship is the front facade of the building, with its protruding entryway, that can’t accommodate one sign grid the size allowed by the regulations.
The Chairman then opened the floor for comments either in favor or in opposition. There was no audience participation and no further comments from the Board. The public hearing closed at 9:40 p.m.
VOTING SESSION:
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
REGULAR MEETING:
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.
Respectfully submitted,
Kim N. Barrows, Clerk
Old Saybrook Zoning Board of Appeals
Old Saybrook, Connecticut 06475
The next Regular Meeting of the ZBA will be on Wednesday, March 9, 2011 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.
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