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Zoning Board of Appeals Record of Vote 03/09/2011
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, March 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, Allan Fogg (alternate) and  Mary Kennedy (alternate)

Present: Kim Barrows, Clerk

Absent:   Joan Strickland, B. Dooley and Kent (Skip) Johnson (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.

10/11-14C   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.

The consensus of the Board was to continue the public hearing to the next meeting.  The revised house plans submitted for consideration this evening are larger than the original plans submitted.  Attorney Cassella stated that this was a modern house design for the area.  R. McCall stated that the rooms are larger than most, especially for the size of the lot.  R. McCall stated that the footprint of the house could be reduced from front to back to lessen the encroachment on the wetlands.  Mr. Fairbanks had stated that the lot has already been developed and filled at one time.  The existing house is only 700 square feet, the proposed house has a 1,800 square foot footprint.  There was discussion as to what was permitted in the Gateway Conservation Zone.  After further discussion the following motion was made:

A Motion was made by R. McCall, seconded by C. Gosselin to CONTINUE the Public Hearing on Application 10/11-14C, Estate of Eugean E. Heiney, Jr. to the April 13, 2011 Regular Meeting to discuss reducing the size of the footprint of the dwelling. No discussion.  A vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, A. Fogg, M. Kennedy  Opposed: None Abstaining: None.  The motion passed unanimously.    5-0-0

10/11-16  OSCT, LLC seeks a variance of Par. 34.6.1 (street line setback/50' required/ 28.1' proposed) of the Zoning Regulations to permit construction of a new 8,030 sq. ft. warehouse building on property located at 119 Spencer Plain Road, Map No. 46, Lot Nos. 4-2, 4-1, 4-3 and 4-4.

Discussion with respect to the public hearing that closed this evening.  A. Fogg stated that he understands where the hardship is, if the applicant is to meet the 50' setback from the road, that would mean that the trucks would be loading and stacking up in the front on Spencer Plain Road.  The applicant is trying to “beautify” the area by moving the building forward and landscaping the front to make it more appealing when driving by.  The trucks would then be off the road and to the rear.  Attorney Cassella had stated that the hardship is the irregular shape of the property, which is not square or rectangular, together with the imposition of the setbacks required from the access easements creates a diminished building envelope and pulls the developable area of the property, approximately 95 feet on the easterly side from the streetline and 120 feet from the actual street location, thus creating a hardship that impacts the orderly development of the site and is inconsistent with the Town’s design standards.  

A Motion was made by A. Fogg, seconded by D. Alexander to GRANT w/condition Application 10/11-16, OSCT, LLC sufficient hardship has been shown by Attorney Cassella, the proposed warehouse on the property would give more than enough landscaping out front to make the property look inviting, clean and neat.  If the building was pushed back to the setback line, the loading dock would be in the front of the building with minimal landscaping.  There will be only one entrance to the east and only one exit to the west which will increase safety and traffic flow on Spencer Plain Road and the property itself.  No discussion.  A vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, A. Fogg, M. Kennedy  Opposed: None Abstaining: None.  The motion passed unanimously.    5-0-0

New Business: A letter from Attorney William Childress dated March 2, 2011 regarding Between the Bridges, LLC, 142 Ferry Road requesting a one year extension (until May 1, 2012) to obtain a building permit.  

A Motion was made by R. McCall, seconded by C. Gosselin to GRANT the one year extension (until May 12 2012) to obtain a building permit for Between the Bridges, LLC, 142 Ferry Road.  No discussion.  A vote was taken: In favor: R. McCall, D. Alexander, C. Gosselin, A. Fogg, M. Kennedy  Opposed: None Abstaining: None.  The motion passed unanimously.    5-0-0

Minutes:   A Motion was made by R. McCall, seconded by M. Kennedy to approve the Minutes of the February 9, 2011 Regular Meeting as submitted.  No discussion and a vote was taken:  In favor:  R. McCall, D. Alexander,  C. Gosselin, A. Fogg, M. Kennedy  Opposed:  None  Abstaining: None   The motion passed unanimously. 5-0-0

Adjournment:  A Motion was made by R. McCall, seconded by A. Fogg to adjourn the March 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, A. Fogg, M. Kennedy   Opposed:  None  Abstaining: None   The motion passed unanimously. 5-0-0  The  meeting was adjourned at 9:20 p.m.
        

Rexford McCall, Chairman
Old Saybrook Zoning Board of Appeals
Old Saybrook, Connecticut  06475


The next Regular Meeting of the ZBA will be on Wednesday, April 13, 2011 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.