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 16, 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 Robert McIntyre.
Present: Carl Garbe, alternate (who left at 7:45 p.m.), Christopher Billiau, alternate, Chris Costa, Zoning Enforcement Officer and Kim Barrows, Clerk
The meeting was then called to order at 7:33 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.
11/12-35 B Bettyann & Bradley Lemire seek a variance of 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 house south/5.5’ to stairs/7.4’ to house north), Par. 68.1.2B9 (distance to tidal wetlands/50' required/6' proposed) and Par. 24.6.2 (maximum coverage/20% required/29.2% proposed), Par. 24.3.1 (minimum lot area/12,500 s.f required/4,244 s.f. existing), Par. 24.3.2 (minimum dimension of
square/100' required) and Par. 24.3.4 (minimum width along bldg. line 100 ft. required/50.1’ 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.
Discussion with respect to the continued public hearing that closed this evening. The Board continued the application so that the applicant could decide if they were going to follow through with the variances granted previously to “raise”/elevate and renovate the existing house or if they decided to proceed with the variances to demolish and reconstruct. It was discussed that the same (previously approved plans) house will be rebuilt. The first set of variances will expire in one year if a building permit has not been pulled. Same for the variances requested for the demolition of the structure. There will be a cross variance condition on the motion.
A Motion was made by A. Stillman, seconded by R. McCall to GRANT w/condition Application 11/12-35, Bettyann & Bradley Lemire. The variances are granted subject to the cross condition that the previous variances (11/12-16C granted in January, 2012 and 11/12-23C granted in February, 2012) that the applicants will either exercise the variances today or they will exercise the previous variances granted. Applicants have demonstrated a variety of hardships, all of which satisfy the requirements. 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. 24.5.1 (front yard setback/30’ required/11.7' proposed), Par. 24.6.2 (Building/structure coverage/20% allowed/21.2% proposed) and Par. 24.3.1 (minimum lot area/20,000 s.f. required/10,000 s.f. existing) of the Zoning Regulations to permit demolition and reconstruction of a new dwelling, garage to remain on property located at 30 Sea Breeze Road (Cornfield Point), Map No. 3, Lot No. 167.
Discussion with respect to the public hearing that closed this evening. The consensus of the Board was that the house could be moved further to reduce the existing nonconformities. D. Alexander felt that there was a lack of hardship for this application. The design of the house could have been smaller so that it fit better on the lot.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT w/condition Application 11/12-34, Richard C. & Stephanie M. Gallitto. The condition is that the proposed structure including portico and pergolas be moved to the east three (3’) feet further from the streetline of Sea Breeze Road for a new setback of 14’ 7”. No discussion and a vote was taken: In favor: R. McCall, P. Broadhurst, R. McIntyre Opposed: A. Stillman, D. Alexander Abstaining: None The motion passed unanimously. 3-2-0 The motion failed to pass. THE VARIANCES ARE DENIED There needs to be 4 affirmative votes to grant a variance.
11/12-37 B Joann L. Nurmi seeks a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change), Par. 24.5.1 (street setback/30’ required/11.85' from Saltaire Dr.), Par. 24.5.3 (other yard setback/15’ required/3’ north side/8.66’ south side existing) and Par. 24.6.2 (building structure coverage/ 20% permitted/33.6% proposed) of the Zoning Regulations to permit an air conditioner pad, a 124 sq. ft. addition and a revised roof line on property located at 41 Saltaire Drive (Cornfield Point), Map No. 3, Lot No.
36.
Discussion with respect to the public hearing that closed this evening. There is currently a tarp on the roof since the roof has been leaking. The roof pitch is being altered to help with the snow and ice load. The applicant is reducing some of the nonconformities. The existing house is small due to the actual building line. The surrounding homes in this area dwarf this house. The proposal is consistent with the neighborhood.
A Motion was made by A. Stillman, seconded by R. McIntyre to GRANT Application 11/12-37, Joann L. Nurmi. The variances as requested are granted on the basis that the setbacks create unusual hardship and adhering to them would not create a habitable building. There is no alternative place to go that is consistent with the neighborhood and the proposal is consistent with the purpose and the theme of the neighborhood. 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
11/12-38 B Rob Gagne seeks a variance of Par. 68.1.2B9 (distance to tidal wetlands/50' required/15’ proposed) and Par. 24.5.3 (sideline setback/15' required/7' proposed) of the Zoning Regulations to permit a 10’ x 12’ shed on property located at 11 Beachview (Chalker Beach), Map No. 18, Lot No. 109.
Discussion with respect to the public hearing that closed this evening. The Board felt that the placement of the shed is too close to the wetlands. The Board felt the shed could be placed closer to the driveway and the front setback. If the applicant places the shed in the front, a variance for the front setback would be needed and the application would need to be re-advertised.
A Motion was made by R. McCall, seconded by D. Alexander to DENY Application 11/12-38, Rob Gagne. Sufficient hardship has not been shown to grant such a severe encroachment into the wetlands setback. 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
11/12-39 B Kriby & Ann Kloter seek a variance of Par. 24.5.3 (other yard setback/15’ required/9.7’ proposed) of the Zoning Regulations to permit 6’ x 7’ expansion of existing powder room on the first floor on property located at 27 Pennywise Lane, Map No. 30, Lot No. 20.
Discussion with respect to the public hearing that closed this evening. The additional coverage is minimal, the addition does not impact public health, safety or welfare of the surrounding area. The builder tried to locate the addition to the rear but the Health District opposed the placement in the rear.
A Motion was made by D. Alexander, seconded by R. McCall to GRANT Application 11/12-39, Kirby & Ann Kloter. The proposed addition lines up very nicely with the existing house and doesn’t protrude into the setback any further than the existing house. The overall coverage is minimal on the lot and it will not have any affect on the neighborhood and the general appearance of things. It is a good plan. 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
11/12-40C B Diane & Richard Pare seek a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change) and Par. 24.5.3 (sideline setback/15' required/11.9') proposed of the Zoning Regulations to permit interior renovations, additional bedroom and second floor addition of approximately 243 s.f. on property located at 25 West Shore Drive, Map No. 001, Lot No. 101.
The applicants, at the time of the meeting, did not have Health District approval so the public hearing will open next month.
A Motion was made by R. McCall, seconded by A. Stillman to POSTPONE the opening of the public hearing on Application 11/12-40C, Diane & Richard Pare to the June 13, 2012 Regular 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
11/12-41C B Barbara Heidel seeks a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change) and Par. 24.6.2 (building structure coverage/20% permitted/27.35% proposed) of the Zoning Regulations to permit a 722 s.f. addition and a 171 +/- s.f. deck on north side of property located at 61 Town Beach Road, Map No. 3, Lot No. 136.
Discussion with respect to the public hearing that closed this evening. The homeowner has agreed to make concessions to reduce the coverage even more by eliminating 171 s.f. off the rear deck and having stairs instead which will not exceed the drip edge. This is a 1915 bungalow style cottage that is being preserved. The addition is in keeping with its historic character.
A Motion was made by R. McCall, seconded by A. Stillman to GRANT w/condition and CAM approved Application 11/12-41C, Barbara Heidel. The condition being that the 171 s. f. portion of the rear deck be removed and that in accordance with the recommendation of the DEEP, Marcy Balint that low impact development alternatives be considered and installed, for example rain gardens or rain barrels could be used to accommodate additional roof drainage volumes while keeping that volume on the site. The hardship is the fact that the ground coverage includes a very unique large overhang all around the home, quite unlike most of the homes and the home itself has historic value to all of the neighborhood and the town being an iconic symbol. The CAM is approved since it poses no
threat to the standard flood protection procedures. 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
Adjournment: A Motion was made by R. McCall, seconded by R. McIntyre to adjourn the May 16, 2012 Special 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 10:35 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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