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, May 9, 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, Adam Stillman, Secretary, Dorothy Alexander, Philip Broadhurst and new member Robert McIntyre.
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.
11/12-32 (a) B Appeal by Henry W. Nozko, Jr. of the Zoning Enforcement Officers denial of the Application for Certification of Zoning Compliance #12-009 dated November 30, 2011 (transmittal letter to ZEO with Application attached dated 1/26/12, denial made 2/6/12) to construct new stairs to access lower beach on property located at 12 Point Road, Map No. 1, Lot No. 82/005 – By e-mail dated May 9, 2012 this appeal was WITHDRAWN by appellants counsel, Edward Cassella.
11/12-33 B J. P. Power Sports, LLC seeks a Certificate of Location for automotive use to conduct a pre-existing business which performs service, sale of parts and sale of jet skis and motorcycles from 309 Boston Post Road to the property located at 280 Boston Post Road, Map No. 53, Lot No. 44-26.
Discussion with respect to the public hearing that closed this evening. The Board had no objection to the existing business moving basically across the street. The applicant will conduct the same time of business at 280 Boston Post Road. There will be no changes made to the building. The location is appropriate for this type of activity.
A Motion was made by A. Stillman, seconded by R. McCall to GRANT the approval of the Certificate of location for automotive use for Application 11/12-33, J.P. Power Sports, LLC at 280 Boston Post Road. No discussion and a vote was taken: In favor: R. McCall, A. Stillman, D. Alexander, P. Broadhurst, R. McIntyre Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
11/12-34 B Richard C. & Stephanie M. Gallitto seek a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change), Par. 24.5.3 (other yard setback/15’ required/5’ proposed) and Par. 24.5.1 (front yard setback/30’ required/24.5' proposed for one side/19.1’ proposed for one side and 5’ proposed for the other) of the Zoning Regulations to permit demolition and reconstruction of a new dwelling on the existing footprint on property located at 30 Sea Breeze Road (Cornfield Point), Map No. 3, Lot No. 137 – This application was re-noticed and will be heard at the May 16, 2012 Special Meeting.
11/12-35 B Bettyann & Bradley Lemire seek a variance of Par. 10.8.1 and 10.8.2 (nonconformity expansion/enlargement/change) Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/35’ required/5.9' (Meadow St.) 19.4' (Saye St.) existing), Par. 24.5.3 (sideline setback/15' required/9.5' proposed), Par. 68.1.2B9 (distance to tidal wetlands/50' required/5.4' rear deck stairs) and Par. 24.6.2 (maximum coverage/20% required/31.7% existing) Par. 24.3.1 (minimum lot area/20,000 s.f required/9,000 s.f. proposed), Par. 24.3.2 (minimum
dimension of square/100' required/90' proposed) and Par. 24.3.4 (minimum width along bldg. line 100 ft. required/ ‘ proposed) of the Zoning Regulations to permit demolition and reconstruction of the dwelling on property located at 9 Saye Street (Chalker Beach), Map No. 12, Lot No. 12.
The public hearing is being continued so that the applicant can decide whether to move forward with the variances necessary to demolish and reconstruct the dwelling versus keeping the previous variances that were granted to “elevate” and renovate. The Board discussed granting of variances for several contingencies, did the Board have the authority to do that?
A Motion was made by R. McCall, seconded by D. Alexander to CONTINUE the public hearing on Application 11/12-35, Bettyann & Bradley Lemire to the May 16, 2012 Special Meeting. No discussion and a vote was taken: In favor: R. McCall, A. Stillman, D. Alexander, P. Broadhurst, R. McIntyre Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
11/12-36 B DJB Construction LLC seeks a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change), Par. 24.5.3 (other yard setback/15’ required/5’ proposed) and Par. 24.5.1 (front yard setback/30’ required/24.5' proposed for one side/19.1’ proposed for one side and 5’ proposed for the other) of the Zoning Regulations to permit several minor modifications (enclose front porch and rear porch on first floor, expand second floor front porch 2’, eliminate 2nd floor rear porch and
construct shed) on property located at 4 Bayview Avenue, Map No. 14, Lot No. 147.
Discussion with respect to the public hearing that closed this evening. The Board did not have a problem with the modifications to the existing house, but had concerns about the location of the shed. R. McCall discussed moving the shed so that no variance was needed for the other yard setback and a variance for no more than 10’on the Oyster Point Avenue side. The elevation would be the same.
A Motion was made by R. McCall, seconded by P. Broadhurst to GRANT w/condition Application 11/12-36, DJB Construction, LLC. The necessary variances are granted to change the porches by enclosing both the front and rear, eliminating the small porch to the rear on the second floor, and enlarging the one on the Oyster River side as proposed. A condition is to be placed on the proposed shed so that the setbacks are a maximum of 10’ on the Oyster Point Avenue side and that no variance is allowed for the other yard setback (Desmond side/15’ required setback). The hardship is that the existing home is situated with two frontages, it is a very narrow lot and this will propose no changes in the footprint. No discussion and a vote was taken: In
favor: R. McCall, A. Stillman, D. Alexander, P. Broadhurst, R. McIntyre Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Officers: R. McCall noted that with B. Dooley’s resignation, the Board no longer had a Vice Chairman to run meetings when the Chairman is absent.
R. McCall nominated D. Alexander to serve as Vice Chairman, A. Stillman seconded the nomination. R. McCall moved to close nominations for Vice Chairman, A. Stillman seconded the motion. A vote was taken: In favor: R. McCall, P. Broadhurst, A. Stillman, R. McIntyre Opposed: None Abstaining: D. Alexander The motion passed. 4-0-1 Dorothy Alexendar was elected Vice Chairman.
Minutes: A Motion was made by R. McCall, seconded by A. Stillman to approve the Minutes of the April 13, 2012 Regular Meeting as submitted, but with the clarification that in the Neil & Jean Dehm variance to grant the necessary variances at 51 Beach Road West, that the “see through deck” meant “does not obstruct the views of the neighbors”. No further discussion and a vote was taken: In favor: R. McCall, D. Alexander, A. Stillman, P. Broadhurst Opposed: None Abstaining: R. McIntyre The motion passed. 4-0-1
Adjournment: A Motion was made by R. McCall, seconded by P. Broadhurst to adjourn the May 9, 2012 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, R. McIntyre, A. Stillman, D. Alexander, P. Broadhurst Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 8:40 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, June 13, 2012 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.
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