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 11, 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, Brian Dooley, Vice Chairman, Adam Stillman, Secretary, Dorothy Alexander and Philip Broadhurst
Present: Carl Garbe, alternate, Christopher Billiau, alternate, 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.
11/12-27C B Neil & Jean Dehm seek a variance of Par. 10.8.1 and Par. 10.8.2 (expansion/ enlargement/change to non-conforming structure) and Par. 24.5.3 (other yard setback/15’ required/.09’ to deck/2.7’ to house) of the Zoning Regulations to permit reconstruction of three bedroom seasonal dwelling on essentially same footprint. The new structure to comply with current building and fire codes and FEMA regulations (former dwelling destroyed by fire 12/2011) on property located at 51 Beach Road West (Chalker Beach),
Map No. 12, Lot No. 166.
Discussion with respect to the public hearing that closed this evening. The hardship is that the structure was lost to a fire and the applicants want to rebuild their seasonal cottage. There will be less ground coverage than previously. There will be more impervious surface as well. The deck size is less than the abutting properties. The dormers are needed to increase the stair access to second floor.
A Motion was made by B. Dooley, seconded by R. McCall to GRANT Application 11/12-27C, Neil & Jean Dehm. There will be a reduction in square foot coverage, the new structure will be built essentially on the same footprint and the deck sizes are being reduced. The building is laid out, engineering wise, the best way it can be per FEMA requirements. The CAM is also approved, the engineer did take precaution to mention that a gravel driveway will be installed to improve permeability. The building will be on pilings to allow wind, rain, etc. to penetrate the soils underneath the structure. All reasonable measures to avoid adverse impact to the environment. No discussion and a vote was taken: In favor: R. McCall, B. Dooley, A.
Stillman, D. Alexander, P. Broadhurst Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
11/12-28 B Joseph Fedorich seeks a variance of Par. 10.5 (restoration as existed at time of casualty) and Par. 34.6.3 (other yard setback/20’ required/reconstruct 6’ from line) of the Zoning Regulations to permit restoration of garage/shed for storage for future boarding, supplies and maintenance equipment which was damaged by tree on property located at 21 Spencer Plain Road, Map No. 25, Lot No. 23.
Adam Stillman recused himself, Carl Garbe seated for this application only.
Discussion with respect to the public hearing that closed this evening. The Board agreed that the concrete slab and the garage already exist in that location. The boarding facility building will be going to the Zoning Commission for approval. There is a need for storage at the site and the topography to the rear is much steeper for a building.
A Motion was made by B. Dooley, seconded by C. Garbe to GRANT Application 11/12-28, Joseph Fedorich. The structure will be on the same footprint and the building size or height will be not increasing. It is consistent with the area and there was no opposition by the neighbors. No discussion and a vote was taken: In favor: R. McCall, B. Dooley, C. Garbe, D. Alexander, P. Broadhurst Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Adam Stillman seated for remainder of the meeting
11/12-29 B Tyler McCauley seeks a variance of Par. 10.8.3 (nonconformity/ lot/12,500 s.f. required/5,000 s.f. existing), Par. 24.5.3 (other yard setback/15’ required/7.4’ south side/12.1’ north side) and Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/30’ required/21.3' proposed) of the Zoning Regulations to permit reconstruction of existing year-round dwelling damaged in storm, new dwelling to meet FEMA regulations on property located at 15 Mohican Trail, Map No. 13, Lot No. 34.
Discussion with respect to the public hearing that closed this evening. The hardship is that the building is damaged and needs to be replaced. Ground coverage will now be 20% which is allowed. The intrusion into the front setback already exists. The applicant and the builder have been cautioned not to exceed the 35’ height requirement.
A Motion was made by A. Stillman, seconded by D. Alexander to GRANT w/condition Application 11/12-29, Tyler McCauley. Approve granting of the variances for the nonconforming setbacks, as well as the narrow street setbacks. The hardship is the damage caused by the storm and that the various setbacks set by the Zoning Regulations basically would otherwise eliminate the house. The owner demonstrated that he has made consistent efforts to try to reduce the encumbrances on the setbacks and meet FEMA requirements. It is consistent with the other houses in the neighborhood. There are several houses of that size, including the house across the street where variances were granted several years ago. The application was not completely filled out.
The condition that the height not exceed 35’. No discussion and a vote was taken: In favor: R. McCall, B. Dooley, A. Stillman, D. Alexander, P. Broadhurst Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
11/12-30 B William & Sandra Halloran seek a variance of Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/30’ required) and Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change) of the Zoning Regulations to permit construction of second floor with dormers, front enclosed entry to be removed so as not to protrude further into front setback on property located at 11 Captains Lane, Map No. 27, Lot No. 70.
Discussion with respect to the public hearing that closed this evening. The variance for the setback is increasing slightly, the proposal is to go straight up and the house will have three bedrooms and three bathrooms. The Health District has approved the septic system.
A Motion was made by D. Alexander, seconded by R. McCall to GRANT Application 11/12-30, William & Sandra Halloran. The request is for a setback variance, but the proposal reduces somewhat the intrusion on the setback that exists currently, so that is an improvement. And the house is otherwise consistent with houses in the neighborhood. The height is reasonable and no extra points for not filling out the form. No discussion and a vote was taken: In favor: R. McCall, B. Dooley, A. Stillman, D. Alexander, P. Broadhurst Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
11/12-31C B Richard D. & Mary D. Epifanio seek a variance of Par. 10.7.1 (nonconformity/
improvements), Par. 10.8.2 and Par. 10.8.4 (nonconformity/ lots), Par. 24.5.3 (other yard setback/15’ required/5.9’ existing), Par. 24.3.1 (10.8.3) (minimum lot area/20,000 s.f (12,500 s.f.) required/10,382 s.f. existing), Par. 24.3.2 (minimum dimension of square/100' required/60’ +/- existing), Par. 24.3.4 (minimum width along building line/100’ required/60’ +/- existing) and Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/25’ required/14.5' proposed) of the Zoning Regulations to permit demolition of existing year-round structure and construction of new year-round structure on property located at 43 Indianola Drive, Map No. 2, Lot No. 61.
Discussion with respect to the public hearing that closed this evening. This is basically the same footprint with a very slight enlargement of the setbacks. The front façade will be maintained (stone). The Board did not have any concerns about granting the variances requested.
A Motion was made by R. McCall, seconded by B. Dooley to GRANT w/condition Application 11/12-31C, Richard D. & Mary D. Epifanio. The hardship is the existing home, which the new one will replicate on the same footprint, approximately with a slight enlargement of the setbacks to conform with the Zoning Regulations. And they will maintain the front façade which most people appreciate to enhance the appearance. The CAM is also approved, it is consistent with the coastal policies pertaining to
shorelines and with no detriment to the coastal resources. A condition is made that the Board does not approve any access to the proposed captains walk shown on the proposed plans as this would be a violation of the proposed plans. No discussion and a vote was taken: In favor: R. McCall, B. Dooley, A. Stillman, D. Alexander, P. Broadhurst Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Minutes: A Motion was made by R. McCall, seconded by B. Dooley to approve the Minutes of the February 8, 2012 Regular Meeting as submitted. No discussion and a vote was taken: In favor: R. McCall, B. Dooley, A. Stillman, D. Alexander, P. Broadhurst Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
A Motion was made by R. McCall, seconded by D. Alexander to approve the Minutes of the March 14, 2012 Regular Meeting as submitted. No discussion and a vote was taken: In favor: R. McCall, B. Dooley, D. Alexander, P. Broadhurst Opposed: None Abstaining: A. Stillman The motion passed. 4-0-1
Adjournment: A Motion was made by A. Stillman, seconded by D. Alexander to adjourn the April 11, 2012 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, B. Dooley, A. Stillman, D. Alexander, P. Broadhurst Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 9:40 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 9, 2012 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.
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