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, September 14, 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, Chris Gosselin, Secretary, Joan Strickland, Brian Dooley and Mary Kennedy, alternate
Present: Kim Barrows, Clerk
Absent: Dorothy Alexander, Vice Chairman, 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.
11/12-02C - William and Laurie Paetzold seek a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change) and Par. 68.1.2 B9 (tidal wetland setback/required 50'/proposed 8' from tidal wetland) of the Zoning Regulations to permit demolition of existing gazebo and construct a new 14' x 18' gazebo with screens on property located at 30 Plum Bank Road, Map No. 6, Lot No. 24.
Discussion with respect to the public hearing that closed this evening. The applicant has made an effort to come up with a smaller gazebo that will satisfy their needs. This one will be a 12' x 14' gazebo. C. Gosselin felt it was smaller in size, but is still too large, although it is hard to fit patio furniture in a 10' x 12' area. B. Dooley didn’t feel there was a sufficient hardship. J. Strickland felt that the 3' increase in size was not that great a difference. Applicant is getting rid of invasive species and using gutters with rain barrels. The gazebo will be approximately in the same location as the existing one. M. Kennedy agrees with J. Strickland. R. McCall feels it doesn’t represent a threat to the wetlands. There is no other place to locate a
gazebo on the lot.
A Motion was made by C. Gosselin, seconded by M. Kennedy to GRANT w/conditions Application 11/12-02C William and Laurie Paetzold. The size of the gazebo is 12' x 14' as long as a minimum of three (3) feet is maintained from the current edge of the retaining wall to the gazebo. So therefore it will be decreasing a nonconformity by a minimum of two (2) feet. The applicant will make every effort to increase that distance from the edge of the retaining wall. The applicant will remove the phragmities from the property and
will also install a gutter and rain barrel to direct any water increase towards the wetlands. The CAM application has been approved. No discussion. A vote was taken: In favor: R. McCall, J. Strickland, C. Gosselin, M. Kennedy In Opposition: B. Dooley Abstaining: None The motion passed. 4-1-0
10/11-23 - Robert P. Daniels and Maria T. Rose-Daniels seek a variance of Par. 24.5.2 (rear yard setback/15' required/5' from property line) and Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/30’ required/10.5’proposed) of the Zoning Regulations to permit demolition of existing barn/shed and construct new 24' x 28' (672 sq. ft.) garage with loft for storage above on property located at 85 Town Beach Road, Map No. 2, Lot Nos. 13 & 12.
Discussion with respect to the public hearing that closed this evening. B. Dooley stated that the final plans should have all of the contours, elevations and limits of grading on them. Submitted were 8 ½ x 11 drawings and handwritten notes on the plans which he felt were unacceptable. The Board did not want the second floor of the garage to be liveable space. There will be no heat or water supply to the second floor. The permeable surface should be maintained by the applicant. Several neighbors had concerns regarding continued flooding. Applicants attorney stated that those issued were addressed.
A Motion was made by R. McCall, seconded by C. Gosselin to GRANT w/conditions Application 10/11-23, Robert P. Daniels and Maria T. Rose-Daniels. Hardship has been shown that with the required setbacks on both the front and rear of the property, strict enforcement of the regulations would leave no room for proposed construction of this garage whatsoever and therefore the variances are requested. The neighbors concerns about increased water accumulation have been addressed with various methods, including the permeable driveway with a lip, the raising of the deck or floor of the garage to allow more permeable area to be exposed to the ponding of the water and a berm is to be constructed along the property line between Daniels and Easterbrook to minimize any runoff onto that parcel. The final plans
submitted, showing the elevation, grading and contours, should be included. The area above the garage would not be used for living area and will not have heat or water, although electricity will be allowed. No discussion. A vote was taken: In favor: R. McCall, J. Strickland, C. Gosselin, M. Kennedy In Opposition: B. Dooley Abstaining: None The motion passed. 4-1-0
11/12-04C - Michael and Carol Ann Fedele seek a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change). Par. 24.5.3 (sideline setback/15' required/4.3' proposed) and Par. 24.5.3 (sideline setback/15' required/8.7' proposed) of the Zoning Regulations to permit slight modification and expansion of existing residential dwelling (second story addition) on property located at 36 Beach Road East, Map No. 012, Lot Nos. 129 & 105.
Discussion with respect to the public hearing that closed this evening. The expansion is minimal and there is a newly designed septic system that will be installed. C. Gosselin stated that this was a very well thought out plan. R. McCall stated the applicant is going up and there is only a 9" bumpout that encroaches into the setback. B. Dooley stated that the plans are great and the applicant is reducing a nonconformity by moving the shed.
A Motion was made by C. Gosselin, seconded by R. McCall to GRANT Application 11/12-04C, Michael and Carol Ann Fedele. The applicant has added to the proposal presented with the addition of a newly designed septic system, which directly impacts public health. The design is very good and conservative, they minimized any further encroachment and in some cases reduced it in some areas which is a positive aspect to this appeal. The CAM application is also approved. No discussion. A vote was taken: In favor: R. McCall, J. Strickland, C. Gosselin, B. Dooley, M. Kennedy In Opposition: None Abstaining: None The motion passed unanimously. 5-0-0
11/12-05(a) - Appeal by Susanna M. Thomas Family Trust of the Zoning Enforcement Officers Order to Cease and Desist the use of an A-frame sign that has been used intermittently from 2000 to 2007 and in 2007 was used continuously to present on property located at 1250 Boston Post Road, Map No. 028, Lot No. 13-3.
Discussion with respect to the public hearing that closed this evening. During the public hearing it was discussed that the A-frame sign was used since 2000. The fact is that A-frame signs have been prohibited in the Town of Old Saybrook all along. This was not a “selective” enforcement against the applicant. A total of 55 Cease and Desist Orders alone have been sent to business in Old Saybrook about illegal A-frame sings since June, 2011. Similar Cease and Desist Orders have been going out since 2000. Some businesses comply, others do not. C. Gosselin stated that he was sorry that some business may be lost, but there are other ways to get the information to the public. B. Dooley stated that it was not about the use of the sign and its value to the business, but
it is the legality of this type of sign.
A Motion was made by R. McCall, seconded by C. Gosselin to UPHOLD the Zoning Enforcement Officers issuance of a Cease and Desist Order with respect to Application 11/12-05(a), Appeal by Susanna M. Thomas Family Trust. The sign clearly violates the Zoning Regulations. No discussion. A vote was taken: In favor: R. McCall, J. Strickland, C. Gosselin, B. Dooley, M. Kennedy In Opposition: None Abstaining: None The motion passed unanimously. 5-0-0
11/12-06C - Paul M and Patricia T. Moore seek a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change), Par. 24.6.2 (maximum coverage/20% required/21.6% existing) and Par. 24.5.3 (sideline setback/15' required/4.5' proposed) of the Zoning Regulations to permit a 428 sq. ft.. expansion of existing detached garage and second floor storage on property located at 400 Main Street, Map No. 22, Lot No. 13.
Discussion with respect to the public hearing that closed this evening. The proposal increases the ground coverage over the 20% allowed. The height is too high in proportion to the size of the house and the lot size. The consensus of the Board was that sufficient hardship had not been shown.
A Motion was made by B. Dooley, seconded by R. McCall to DENY Application 11/12-06C, Paul M. and Patricia T. Moore. The denial is based on the fact that sufficient hardship has not been shown. The need for storage, the parking of cars and moving workshops are not considered sufficient hardship. Also, the fact that this will increase the nonconformity substantially and it is not consistent with the neighbors wants and wishes in terms of height. No discussion. A vote was taken: In favor: R. McCall, J. Strickland, C. Gosselin, B. Dooley, M. Kennedy In Opposition: 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 July 13, 2011 Regular Meeting as submitted. No discussion and a vote was taken: In favor: R. McCall, C. Gosselin, J. Strickland, B. Dooley, M. Kennedy Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Adjournment: A Motion was made by R. McCall, seconded by M. Kennedy to adjourn the September 14, 2011 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, C. Gosselin, J. Strickland, B. Dooley, M. Kennedy Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 10:45 p.m.
Rexford H. McCall, Chairman
Old Saybrook Zoning Board of Appeals
Old Saybrook, Connecticut 06475
The next Regular Meeting of the ZBA will be on Wednesday, October 12, 2011 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.
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