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, April 13, 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: Mary Kennedy (alternate) who was seated for only Application 10/11-14C and Kim Barrows, Clerk
Absent: Allan Fogg (alternate) 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.
For the record, Joan Strickland listened to the tapes for this matter. Mary Kennedy is seated for this application only.
10/11-14C B 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 public hearing closed this evening. D. Alexander stated that the applicants should be commended for revising the plans to address the concerns of the Board. C. Gosselin was still concerned that the structure is too large for the size of the lot. Although C. Gosselin agrees that the eliminating the other nonconformities is good. D. Alexander stated that she is usually the one concerned about the “bulk” of the structure but feels that it fits in with the area and wouldn’t appear substantially larger than those in the area. R. McCall stated that since it is being built in an area between two marinas the house itself would not stand out.
A Motion was made by R. McCall, seconded by D. Alexander to GRANT w/conditions Application 10/11-14C, Estate of Eugean E. Heiney, Jr. The location of it within the Gateway
Area has been found to be not objectionable to the Gateway Commission because of the minimal impact on the river. There are two pluses, the encroachment into the setbacks in the front and rear will be eliminated, the ground addition in the rear of the utility room has been moved to the front so the only encroachment into the 50' tidal wetland setback is a second floor deck which minimizes any affect on the wetlands. The conditions are: 1) that the removal of any trees that do not have to be eliminated due to construction be prohibited if possible. In addition where trees are removed, the Commission requests that trees with calipers of at least 3" replace those being removed on a one to one basis and the placement of fill should be avoided around the bases of any existing trees and 2) that the third
floor of the house (attic) will be used for storage only, no living space. There will be a new septic system installed and the dwelling will compliant with the FEMA regulations and the flood ordinance requirements. The CAM application is also approved. 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 seated for the remaining applications.
10/11-17C B Barbara Leroy Rutigliano seeks a variance of Par. 7.4.10 (wetlands setback/50' required/ 10' proposed) and Par. 65.2.4 (excavation within tidal wetlands) of the Zoning Regulations to permit restoration action to resolve notice of violation for excess fill on site during house renovations on property located at 57 Vincent Avenue, Map No. 113, Lot No. 134.
The public hearing closed this evening. The request for this variance stems from an inland wetlands violation and an agreement between the Zoning Commission, Inland Wetlands Commission and the applicants pursuant to a pending court action. The Board commended the applicants for doing what is right by restoring the wetlands to its original state. The proposal, as presented, is an aggressive wetlands restoration. B. Dooley and C. Gosselin stated that the project should be completed within this growing season. This project still has to go before the Zoning Commission for final approval.
A Motion was made by C. Gosselin, seconded by B. Dooley to GRANT Application 10/11-17C, Barbara Leroy Rutigliano. Granting variances in this situation is in the best interests of the applicant and the Town. The plans clearly dictate what is taking place on site and time is of the essence for this particular project and encourage the applicant to everything possible to execute this work during this growing season. The CAM application is approved 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
10/11-18 B Harry Amara seeks a variance of Par. 10.8.1 and 10.8.2 (nonconformity enlargement/change), Par. 24.5.3 (sideline setback/15' required/13' proposed) and Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/30’ required/15.1’proposed) of the Zoning Regulations to permit expansion of front porch up to second floor for an expansion of 196 s.f. to the front of house on property located at 16 Uncas Trail, Map No. 019, Lot No. 298.
The public hearing closed this evening. B. Dooley asked if there were any letters in the file either in favor or in opposition. There were no letters from neighbors. D. Alexander stated that the proposal is consistent with what is in the neighborhood. The size of the lot dictates that any expansion needs to go up. There will be no expansion of the actual footprint of the house, the addition will go above an existing porch. The lot with is only 50 feet and limits where any expansion can go. C. Gosselin stated that the proposal was very straightforward.
A Motion was made by C. Gosselin, seconded by J. Strickland to GRANT Application 10/11-18, Harry Amara. What is seen on site and the applicants presentation, the hardship centers around the size of the lot and their limitations to do expansion that would be conforming in any other way, it is clear by the drawings provided and the site plan. The addition over the porch is a modest one and the architectural drawings are in character with what is there and is in harmony with the neighborhood. 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
10/11-19 C B J.S.M.L. Associates, LLP (Luigi’s Restaurant) seeks a variance of Par. 10.7.1 (nonconforming structure/existing 4,496 s.f/addition of 962 s.f. proposed) and Par. 33.7.1 A (maximum bldg coverage 3,000 s.f. required/addition of 2,458 s.f.) of the Zoning Regulations to permit expansion of first floor for new freezer/cooler and code compliant access to building on property located at 1295 Boston Post Road, Map No. 27, Lot Nos. 32 and 33.
The public hearing closed this evening. The applicants have owned the property for 22 years and after 11 years of the restaurant being in business the Zoning Regulations changed the B-3 zone regulation to limit any one building structure on a lot could not exceed 3,000 square feet. This property, before any renovation, is 4,500 square feet. The adoption of the new regulation created an undue hardship for the applicant and his business as a restaurant.
A Motion was made by C. Gosselin, seconded by J. Strickland to GRANT Application 10/11-19C, J.S.M.L., Associates, LLP. The Zoning Regulation 33.7.1.A definitely imposes an unusual hardship for this particular appeal and the applicant clearly. The proposal made and the fact that professionals were used to design this project have exceeded expectations. The CAM application is approved 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
Minutes: A Motion was made by R. McCall, seconded by C. Gosselin to approve the Minutes of the March 9, 2011 Regular Meeting as submitted. 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
Adjournment: A Motion was made by R. McCall, seconded by J. Strickland to adjourn the April 13, 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 9:30 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, May 11, 2011 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.
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