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 8, 2012 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, Brian Dooley, Adam Stillman and Philip Broadhurst
Present: Carl Garbe (alternate) (seated for Application 11/12-20C Steven & Helene Yates only) , Christina Costa, Zoning Enforcement Officer and Kim Barrows, Clerk
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.
11/12-19C - Nancy J. Norrie-Murphy seeks a variance of Par. 68.1.2(B)4 (narrow street setback/30’ required/19' proposed) of the Zoning Regulations to permit construction of a two-car detached garage (22'x24') and expansion of existing gravel driveway on property located at 83 Cypress Road (Knollwood Beach Club), Map No. 4, Lot No. 46.
Discussion with respect to the public hearing that closed this evening. The hardship is that the area for constructing an improvement is limited due to the narrow street setbacks and the tidal wetlands setback. The structure will not encroach into the tidal wetlands. The proposal will allow more cars to be parked within the lot and not on the street. The garage will be in character with the house, i.e. siding and color.
A Motion was made by A. Stillman, seconded by R. McCall to GRANT w/condition Application 11/12-19C - Nancy J. Norrie-Murphy. The variance for the narrow street setback is granted with the condition that the garage structure does not have habitable space above. Sufficient hardship has been shown, the proposal is consistent with the neighborhood and is within the intent of zoning. The Coastal Area Management application is approved as it is consistent with all applicable coastal policies and makes all reasonable measures to avoid adverse impacts. No discussion. A vote was taken: In favor: R. McCall, D. Alexander, B. Dooley, A. Stillman, P. Broadhurst In Opposition: None Abstaining: None The motion unanimously passed. 5-0-0
Brian Dooley recused himself and Carl Garbe was seated for this application only
11/12-20C - Steven & Helene Yates seek a variance of Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/30’ required/9.8' Fenwood Ave./28.7' Fenwood Drive) and Par. 24.6.2 (maximum coverage/20% required/21.4% proposed) of the Zoning Regulations to permit a garage/ mudroom addition with master bedroom above on property located at 93 Fenwood Drive, Map No. 9, Lot No. 9-01.
The public hearing opened this evening. There was discussion with respect to the 20' encroachment into the street setback on Fenwood Avenue. The coverage will be increased by 1.4%. The Board questioned the need for the mudroom that extends the structure further into the setback. The Architect stated that the mudroom would create a buffer since the garage entrance into the house would be through the den rather than the kitchen. It is also an aesthetic break in the front of the home. The Board discussed the large encroachment into the setback, the Architect stated that the entrance to the garage could be rotated and three feet could be taken off the length of the garage and still be able keep the mudroom. D. Alexander stated that it would be neater and cleaner if the
applicants came back with new plans. There was also discussion about the driveway access and keeping the driveway a gravel surface.
A Motion was made by R. McCall, seconded by D. Alexander to CONTINUE Application 11/12-20C - Steven & Helene Yates to the March 14, 2012 Regular Meeting. No discussion. A vote was taken: In favor: R. McCall, D. Alexander, A. Stillman, P. Broadhurst, C. Garbe In Opposition: None Abstaining: None The motion unanimously passed. 5-0-0
11/12-21 - Kenneth & Kimberly Johnson seek a variance of Par. 68.1.2B9 (distance to tidal wetlands/50' required/20.3' proposed) of the Zoning Regulations to permit enclosure of existing 10' x 20' rear deck to provide additional kitchen area on first floor on property located at 9 Allendale Road, Map No. 19, Lot No. 67.
Discussion with respect to the public hearing that closed this evening. This is a large lot even when the wetland area is excluded from the calculation. The house and deck were constructed prior to the regulation change creating the 50' tidal wetland setback. This is not a new structure, but an existing deck that is being enclosed and added to the living space of the existing home.
A Motion was made by P. Broadhurst, seconded by B. Dooley to GRANT Application 11/12-21 - Kenneth & Kimberly Johnson. Granting the variance for the distance to the tidal wetlands does not impose a threat to the wetlands. The deck structure to be enclosed already exists. No other place for expansion. No discussion. A vote was taken: In favor: R. McCall, D. Alexander, B. Dooley, A. Stillman, P. Broadhurst In Opposition: None Abstaining: None The motion unanimously passed. 5-0-0
11/12-22C - Andy & Patti Kolodziejczyk seek a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change), Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/33.5’ required/10.6' proposed) and Par. 24.5.3 (sideline setback/15' required/3.2 on west side/2.4' on east side proposed) of the Zoning Regulations to permit raising the house to meet FEMA standards, install full foundation, raising the addition to same elevation, in raising dwelling 5' additional stairs and small deck for access are required to access dwelling on property located at 96 Sea Lane (Indiantown), Map No. 154, Lot No. 543.
Discussion with respect to the public hearing that closed this evening. The applicants will be removing the concrete/paver walkway and patio which will increase permeability. This is a very wet area and the water seems to pond on this property since the properties on the north, south and east of it are slightly higher. The applicants will not be brining in any additional fill.
A Motion was made by R. McCall, seconded by A. Stillman to GRANT Application 11/12-22C - Andy & Patti Kolodziejczyk. The hardship for the deck, front steps and landing is that they will make it more accessible for access and egress in and out of the home with any type of merchandise or supplies. There will be more pervious area with the removal of the flagstone patio and concrete paver walk. The Coastal Area Management application is approved as it is consistent with all applicable coastal policies and makes all reasonable measures to avoid adverse impacts. No discussion. A vote was taken: In favor: R. McCall, D. Alexander, B. Dooley, A. Stillman, P. Broadhurst In Opposition: None Abstaining: None The motion unanimously passed.
5-0-0
11/12-23C - Bettyann & Bradley Lemire seek a variance of Par. 10.8.1 and 10.8.2 (nonconformity expansion/enlargement/change) and Par. 24.6.2 (maximum coverage/20% required/29.2% proposed) of the Zoning Regulations to permit small deck and revised stairway on property located at 9 Saye Street (Chalker Beach) (variances granted prev. 1/11/12), Map No. 12, Lot No. 12.
Discussion with respect to the public hearing that closed this evening. The Board discussed whether or not there was a real hardship. Variances were granted last month to center the house on the lot and the proposed deck at that time was denied due to encroachment into the setbacks. The new proposal is a deck which has been reduced in size to 14' x 10'. The addition of the deck would be consistent with those in the area. It will aid in going up and down additional stairs due to the raising of the house to meet the FEMA flood elevation. The applicants can grill and set groceries down without going up and down 15 or 16 stairs each time. Applicants have reduced the ground coverage from the previous application.
A Motion was made by R. McCall, seconded by A. Stillman to GRANT Application 11/12-23C - Bettyann & Bradley Lemire. The Coastal Area Management application is approved as it is consistent with all applicable coastal policies and makes all reasonable measures to avoid adverse impacts. Sufficient hardship has been shown. The proposal is consistent with the neighborhood and does not go against the intent of zoning. Discussion: D. Alexander requested that the motion noted the plans as follows: the drawing prepared by Indigo Land Design, Site Plan dated 12/9/11 and revised to 1/13/12 with respect to deck and stairs, misc. R. McCall agreed to adding the plan revision date as part of the motion and A. Stillman, seconded it. No further discussion. A vote was taken: In
favor: R. McCall, D. Alexander, B. Dooley, A. Stillman, P. Broadhurst In Opposition: None Abstaining: None The motion unanimously passed. 5-0-0
Minutes: A Motion was made by R. McCall, seconded by B. Dooley to approve the Minutes of the January 11, 2012 Regular Meeting as submitted. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, B. Dooley, A. Stillman, P. Broadhurst Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Adjournment: A Motion was made by R. McCall, seconded by D. Alexander to adjourn the February 8, 2012 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, B. Dooley, A. Stillman, P. Broadhurst Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 10:20 p.m.
Rexford McCall, Chairman
Zoning Board of Appeals
Old Saybrook, CT 06475
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