MINUTES
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 Regular Meeting that was held on Wednesday, March 14, 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, Brian Dooley, Carl Garbe (alternate) and Philip Broadhurst (alternate)
Present: Kim Barrows, Clerk
Absent: Adam Stillman, regular member
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.
Brian Dooley recused himsef from this application
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.) 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.
CONTINUED PUBLIC HEARING:
Present: John R. Schroeder, AIA, agent for the applicant; Mr. & Mrs. Yates, applicants
Mr. Schroeder discussed the new proposal that was presented to the Board after last months comments. The applicants were able to reduce the number of variances that were previously requested and the only one being asked for is the narrow street setback on Fenwood Avenue. The previous plan had a new paved area, there will be no new paving, only a gravel surface. The existing paved area is to remain. The design has been modified to reduce the coverage. The applicants have made every effort to conform to the zoning regulations and take into account the comments from the Board. The Chairman then opened the floor for comments from the audience, either in favor or in opposition. Mr. Bob Halle of Fenwood Avenue spoke in favor of the proposal stating that the improvements will enhance the
neighborhood. There was no further audience participation and no further comments from the Board. The public hearing closed at 8:45 p.m.
VOTING SESSION:
Discussion with respect to the public hearing that closed this evening. The applicant made attempts to reduce the nonconformities. The dead end road ends into a marsh and the road will likely never be widened. Good effort to comply with the suggestions made by the Board at the last meeting.
A Motion was made by R. McCall, seconded by C. Garbe to GRANT Application 11/12-20C Steven & Helene Yates. The variance request is granted, the hardship is the slight encroachment into Fenwood Avenue, which does not seem to be critical given the use of that dead end road which is the only variance requested. The applicant is commended on continuing to rectify the objections that were stated at the last meeting. 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, C. Garbe, P. Broadhurst In Opposition: None Abstaining: None The motion unanimously passed. 4-0-0
11/12-24C Carolyn Florio seeks a variance of Par. 10.5 (restoration as existed at time of casualty) and Par. 10.7.3 (reduction or elimination of nonconforming setbacks/deck was 6' from north line/propose 3.3' for north side line and tidal wetlands setbacks for stairs only) of the Zoning Regulations to permit re-construction of a 3 bedroom seasonal dwelling (existing destroyed by fire 12/10/11) on property located at 53 Beach Road West (Chalker Beach), Map No. 12, Lot No. 167.
PUBLIC HEARING:
Present: David M. Royston, Esquire, agent for the applicants; Mr. & Mrs. Florio, applicants
Attorney Royston gave his presentation. This property is being rebuilt in accordance with the zoning regulations after a “casualty”. Attorney Royston showed the Board pictures of the property before the loss. Although the applicants can rebuild the structure to have it become a year-round dwelling, they are not doing that. Attorney Royston stated that the applicants will keep the dwelling seasonal. The existing septic systems is still functioning and will remain. The number of bedrooms are being reduced, there will be only 3 now. This will be less of a strain on the septic system. This property is in the Wastewater Management District and will be reconstructed to meet the FEMA requirements. The footprint of the structure is being reduced, the gross floor
area will be increasing slightly by 300 s.f. No variances are being sought for this since it is still within the limits. Attorney Royston pointed out to the Board on a colored map what was existing. There is to be a new deck but it will be smaller that the original deck. The setback distances as reconfigured will be 11.7' from the rear, 5' from the south side, and 7.1' will remain on the north side. The stairs are 3.3' from the line on the south side, this is one of the variances requested. All other impervious surfaces are being reduced and the drainage patterns will be maintained. The area is very flat and there have been no ponding issues in the past. What the applicants are seeking is within the comprehensive plan of development. The proposed house is not inconsistent with the other homes in the area. The house when elevated will not affect air, light, view, etc of the other homes in the area. Craig A. Laliberte,
Architect was introduced and discussed the floor plans. He explained that all three bedrooms will share one bathroom. Both the first and second floors will be 714 s.f. each and the deck will be 10' x 14' 6". There will be a small deck for the air condenser (4.5' x 5'), since the house is elevated and mechanicals have to be above the flood elevation. P. Broadhurst stated that the deck is the only encroachment. The shed is being removed. The Chairman then opened the floor for comments from the audience, either in favor or in opposition. There was no audience participation. B. Dooley stated that the applicants need to look at opportunities to make nonconformities less, they did reduce coverage, but not enough. D. Alexander didn’t feel that the deck should be smaller. R. McCall had no objection to the size of the deck. C. Garbe did not have any concerns and P. Broadhurst thought they should look at deck size. No
further comments from the Board. The public hearing closed at 8:25 p.m.
VOTING SESSION:
Discussion with respect to the public hearing that closed this evening. There will be less water runoff since the house is being elevated to meet the FEMA flood elevation. The applicant looked at all the opportunities to lessen the nonconformities and did reduce the coverage a bit. With the house being raised, the deck is necessary for ingress and egress. The shed is removed. The house is to remain seasonal.
A Motion was made by P. Broadhurst, seconded by R. McCall to GRANT Application 11/12-24C Carolyn Florio. 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. The variances are granted, the hardship is that the setbacks required by the regulations create an unusual hardship and would greatly decrease the use of the property as it is intended. No discussion. A vote was taken: In favor: R. McCall, D.
Alexander, B. Dooley, P. Broadhurst, C. Garbe In Opposition: D. Alexander Abstaining: None The motion unanimously passed. 5-0-0
11/12-25C Jay & Holly Herbert seek a variance of Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/30’ required/20.5' existing/26.5' proposed), Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change) and Par. 9 (definition of half story/prohibits doors and balconies on half story/propose half story deck) of the Zoning Regulations to permit demolition of existing dwelling and construct new dwelling on property located at 4 Billow Road, Map No. 1, Lot No. 88.
PUBLIC HEARING:
Present: Mr. Richard Marniki, agent/builder for the applicants; Mr. & Mrs. Herbert, applicants
Mr. Marniki started his presentation by introducing into the record letters in support of the project. The following letters were read: Richard & Susan Vicino, 8 Billow Road, no date; Edward Petrycho, 26 Pratt Road, no date; Kathy DiMugno, 11 Billow Road, no date; Dennis and Kathryn Meighan, 7 Billow Road dated March 6, 2012. Mr. Marniki then went over the septic issues on the property and how a new system will be installed. The house and system have Health District approval for 4 bedrooms. Mr. Marniki explained how a HAZMAT team was brought in to deal with the structure. He then went over the floor plans of the home and the variance request for a half story deck. The deck will not look over into any surrounding homes since to the rear of the site is the Cornfield Point Tennis
Courts. The lot is only 55' wide and limits the size of the structure. The front setback has been increased from what was originally there. R. McCall stated that a deck on a half story is not allowed in the zoning regulations. Mr. Marniki stated that this was a unique situation since the neighbor in the rear is a tennis court. P. Broadhurst stated that the proposal gives the impression of a three story house. R. McCall and D. Alexander have concerns about the half story deck since zoning does not allow it. B. Dooley did not have a problem with the deck and the existing shed is to be removed. P. Broadhusrt stated that with the orientation of the house on the lot it would provide some privacy for the homeowner and it would not be overlooking another house. The Chairman then opened the floor for comments from the audience, either in favor or in opposition. Mr. Don Ranato of 11 Clearwater spoke in favor. There was no further
audience participation and no further comments from the Board. The public hearing closed at 8:55 p.m.
VOTING SESSION:
Discussion with respect to the public hearing that closed this evening. With the orientation of this particular house, backed up to tennis courts, the proposed deck will not look onto or into other homes. This is a unique situation, a very narrow lot with a large tennis court as a neighbor. The proposed house is in keep with the neighborhood.
A Motion was made by B. Dooley, seconded by C. Garbe to GRANT Application 11/12-25C Jay & Holly Herbert. The coverage area is being reduced, the shed on the property will be eliminated and the building will be consistent with the neighborhood in its design and characteristics. 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, B. Dooley,
P. Broadhurst, C. Garbe In Opposition: D. Alexander Abstaining: None The motion passed. 4-1-0
11/12-26 Stephen Kaye and Leslie Silver seek a variance of Par. 10.8.3 (nonconformity/ lot/12,500 s.f. required/12,323 s.f. existing) of the Zoning Regulations to permit demolition and
construction of a new dwelling within setbacks and coverage, also new septic on property located at 32 George Drive, Map No. 3, Lot No. 221.
PUBLIC HEARING:
Present: Mr. Stephen Kaye, applicant
Mr. Kaye started his presentation by stating that the only variance needed is for the lot size itself. 12,500 s.f. is required and the lot is 13,323. The new structure will conform to all building, health and FEMA codes. They are building the house to meet the upcoming FEMA elevation of elevation 13. The following letter in support was read into the record: Ms. Joyce McComber of JM Realty, agent for the applicant. The Chairman then opened the floor for comments from the audience, either in favor or in opposition. There was no audience participation but C. Garbe stated that the house was bought with the intention to tear it down. No further comments from the Board. The public hearing closed at 9:00 p.m.
VOTING SESSION:
Discussion with respect to the public hearing that closed this evening. The only variance being sought is for the size of the lot, it is slightly under the required 12,500 s.f. The existing house is in need of repair, once demolished the new one will be fully code compliant. It will be raised to elevation 13 which will meet the upcoming FEMA regulation. There will also be a new septic system installed.
A Motion was made by D. Alexander, seconded by R. McCall to GRANT Application 11/12-26 Stephen Kaye and Leslie Silver. The variance being asked for is because of the very slight undersize of the lot, that is the only nonconformity being considered. And the existing house needs to be replaced, it is in very bad condition. No discussion. A vote was taken: In favor: R. McCall, D. Alexander, B. Dooley, P. Broadhurst, C. Garbe In Opposition: None Abstaining: None The motion
unanimously passed. 5-0-0
Adjournment: A Motion was made by R. McCall, seconded by B. Dooley to adjourn the March 14, 2012 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, B. Dooley, C. Garbe, P. Broadhurst Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 9:15 p.m.
Respectfully submitted,
Kim N. Barrows, Clerk
Zoning Board of Appeals
Old Saybrook, CT 06475
The next Regular Meeting of the ZBA will be on Wednesday, April 11, 2012 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.
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