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, July 11, 2012 continued to July 12, 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, Vice Chairman, Philip Broadhurst and Robert McIntyre.
Present: Christopher Billiau, alternate and Kim Barrows, Clerk
Absent: Carl Garbe, alternate
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.
11/12-42 B Francis & Sharon Henderson 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/35’ required/18.0’ on east side) and Par. 24.5.1 (front yard setback/25’ required/22.0' proposed) of the Zoning Regulations to permit second floor addition and enclosure of space between breezeway and house on property located at 26 Neptune Drive (Cornfield Point), Map No. 4, Lot No. 224.
Discussion with respect to the public hearing that closed this evening. The matter was continued from the June meeting so that additional information could be provided to the Board in order to make an informed decision. A. Stillman stated same building but now that the Board has the documents to make an informed decision he has no objection. R. McCall sees no concerns or threat to the zoning regulations. P. Broadhurst concurred. The hardship is the corner lot with two street setbacks. The addition is within the homes existing footprint.
A Motion was made by R. McCall, seconded by A. Stillman to GRANT Application 11/12-42, Francis & Sharon Henderson. It presents a unique situation in that it requires adequate frontage from two roads as it is on a corner lot, it represents no expansion of the existing footprint and is in harmony with the area. 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
11/12-43 B Junelle Giannini seeks 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/30’ required/ 28.0' proposed for streeline ramp), Par. 24.5.3 (sideline setback/15' required/3.4' proposed for ramp), Par. 24.5.3 (sideline setback/15' required/11.8' proposed for addition) and Par. 24.5.4 (coverage/20% allowed/34.4% proposed) of the Zoning Regulations to permit finishing existing covered concrete patio and constructing a handicapped ramp on property
located at 54 Hartford Avenue (Saybrook Manor), Map No. 13, Lot No. 101.
Discussion with respect to the public hearing that closed this evening. The matter was continued from the June meeting so that additional information could be provided to the Board in order to make an informed decision. With the plans, the Board noted that the addition would be constructed where an existing slab with a roof is. The increase in coverage is due primarily to the installation of the handicap ramp. The hardship is the size of the lot and the location of the house on the lot. D. Alexander stated that she would like to see something out back.
A Motion was made by A. Stillman, seconded by P. Broadhurst to GRANT Application 11/12-43, Junelle Giannini. The applicant has demonstrated significant hardship, the narrow size of the property with the significant setbacks creates a difficulty. And it is consistent with the neighborhood and all other concerns. No discussion and a vote was taken: In favor: R. McCall, A. Stillman, P. Broadhurst, R. McIntyre Opposed: D. Alexander Abstaining: None The motion passed. 4-1-0
A. Stillman recused himself, C. Billiau seated
12/13-01 B Town of Old Saybrook seeks a variance of Par. 33.7.1A (coverage each building/3,000 s.f. required/8,599 s.f. proposed), Section 33.7.2A (maximum gross floor area each bldg/6,000 s.f. required/8,599 s.f. proposed) and Section 62.4.2B (lighting/no bldg. mounted flood lights/propose 5 bldg mounted flood lights) of the Zoning Regulations to permit expansion of existing uses at existing public works facility, new construction and demolition on existing buildings and relocation of Connvault doublewall above ground fuel tank (refer to
file) on property located at 497 Middlesex Turnpike, Map No. 057, Lot No. 031.
Discussion with respect to the public hearing that closed this evening. The construction of the new building is a necessity to satisfy various agencies including the State. The proposal will have to go before the Zoning Commission, Planning Commission and the Wetlands Commission. The consensus of the Board was to grant the variances.
A Motion was made by R. McCall, seconded by D. Alexander to GRANT 12/13-01 B Town of Old Saybrook. The granting of the variances is in order to maintain an efficient operation for all the Town equipment, even though it conflicts with some of the Zoning Regulations. The reason is to maintain the public health, safety and welfare of the residents of the Town and to minimize runoff into the aquifer area and adjacent wetlands. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Billiau, P.
Broadhurst, R. McIntyre Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
A. Stillman seated
12/13-02 B Michael R. Paine seeks 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/40’ required/35’ +/- proposed), Par. 24.5.3 (sideline setback/15' required/27’ +/- proposed) and Par. 68.1.2(B)9 (tidal wetlands setback/50’ required/27’ +/- proposed) of the Zoning Regulations to permit elevation of dwelling to FEMA flood elevation 14, replace decks, add two new decks with stairs and landings and move house 2’ to the
north and 4’ to the east on property located at 16 Barnes Road (Great Hammock Beach), Map No. 014, Lot No. 103.
Discussion with respect to the public hearing that closed this evening. The Board discussed the increase in coverage. The consensus was that the original front deck could be reconstructed and a landing and stairs in the rear for two forms of egress. The Board did not feel that the “new deck” to the rear and sides were needed since they increased the coverage percentage substantially.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT w/condition 12/13-02 B Michael R. Paine. To allow the applicant to raise the proposed dwelling to comply with the FEMA regulation and shift slightly per the letter from Don Lucas, Building Inspector dated July 5, 2012; replace the front deck that had previously existed prior to construction with a slight enlargement and build the access and egress on the north side towards the rear as shown on the plan, proposed rear deck noted as “new deck” on the plan is not
allowed. The condition is that a re-drawn plan be submitted that shows the appropriate dimensions and new location of the building without the proposed rear and side deck. The hardship is the damage to the house, the sinking footings and the necessity for reconstruction to make it compliant with the FEMA regulations and to have a safe and satisfactory building there. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, A. Stillman, P. Broadhurst, R. McIntyre Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
12/13-03 B Robert & Laurene Buzdon seek a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change), Par. 10.8.3 (nonconformity/lot size/12,500 s.f. required/8,400 s.f. existing) and Par. 24.5.3 (sideline setback/15' required/13.52’ proposed) of the Zoning Regulations to permit a deck that is 15’ deep and 12.5’ wide on property located at 19 Park Avenue (Fenwood), Map No. 005, Lot No. 098.
Discussion with respect to the public hearing that closed this evening. A. Stillman could not see a hardship, D. Alexander agreed as well. A number of variances were granted previously to build the house. A slightly smaller deck would not need a variance (smaller by only 17 inches).
A Motion was made by D. Alexander, seconded by A. Stillman to DENY Application 12/13-03 B Robert & Laurene Buzdon. Although this was a very nice plan, there is no hardship involved and the Board’s hands are tied as far as granting it. 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
The applicant asked the Board that if they wanted to build the smaller deck within the setbacks could they do so, the Board said yes, as long as it met all the zoning requirements for setbacks. Ms. Buzdon stated that the variances for lot size and nonconformities should be granted. The Board agreed.
A Motion was made by R. McCall, seconded by D. Alexander to GRANT Application 12/13-03 B Robert & Laurene Buzdon for the following variances only: 10.7.1, 10.7.2, the expansion of a nonconformity and the lot size, 10.8.3, being under the required 12,500 s.f. lot size. 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
A Motion was made by D. Alexander, seconded by A. Stillman to CONTINUE THE REMAINDER OF THE PUBLIC HEARINGS TO THURSDAY, JULY 12, 2012. 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
July 12, 2012 continuation of the July 11, 2012 Regular Meeting
A Motion was made by R. McCall, seconded by R. McIntyre to move application 12/13-06C to the first item heard this evening in response to a request made by the applicant’s attorney. 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
12/13-06 C B Barbara C. & Samuel M. DiCocco seek a variance of Par. 10.8.3 (minimum lot area/12,500 s.f. required/9,985 s.f. existing) and Par. 24.3.2 (minimum dimension of square/100’ required/ 8.01’ north side/12.32’ south side) of the Zoning Regulations to permit demolition of existing seasonal dwelling and construction of year-round dwelling that will be FEMA compliant, meet all codes and be more conforming than existing dwelling on property located at 2 Buckingham Avenue, Map No. 14, Lot No. 68.
Discussion with respect to the public hearing that closed this evening. R. McCall stated that there were nothing but pluses with this application. A. Stillman stated that a tremendous effort was made to conform with the regulations. The existing sheds are to be removed. The Board also stated that since the proposed height of the structure is 33 ½ that the builder and applicant should make sure that the structure stays below the 35’ height requirement when completed.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT 12/13-06C B Barbara C. & Samuel M. DiCocco. The proposal eliminates most of the nonconformities, it also involves the construction of a new septic system. The hardship is that there is no other room to expand to meet the required minimum lot size. 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 and a vote was
taken: In favor: R. McCall, D. Alexander, A. Stillman, P. Broadhurst, R. McIntyre Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
12/13-04 B Michael and Paula Satmary seek a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change) and Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/30’ required/11.70’ +/- proposed)of the Zoning Regulations to permit extension of first and second floor bedrooms for handicap access, 9’6” x 12’ deck to be removed and the 5’6” x 12’ addition will replace it on property located at 6 Fox Lane (Cornfield Point), Map No. 3, Lot No. 203.
Discussion with respect to the public hearing that closed this evening. R. McCall stated that there was a reduction in an encroachment in the front. The addition will blend in with the existing home.
A Motion was made by D. Alexander, seconded by R. McCall to GRANT 12/13-04 B Michael and Paula Satmary. The changes are in harmony with the house and the neighborhood and do no harm to the intent of the Zoning Regulations. The hardship is the fact that the house was situated less than the required 30’ from the road; the size of the lot is small with no additional land available. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, A. Stillman, P. Broadhurst, R. McIntyre
Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
12/13-05 B William Pavlu seeks a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change), Par. 24.5.3 (sideline setback/15' required/10.79’ proposed) and Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/35’ required/26.64’ proposed) of the Zoning Regulations to permit replacement of existing bow window with walk-in bay, reconstruct roofline, add dining bay to existing kitchen, one story on piers on property located at 62 Chalker Beach Road (Chalker Beach), Map No. 018, Lot No. 063.
A. Stillman recused himself, C. Billiau seated
Discussion with respect to the public hearing that closed this evening. The Board stated that the proposal was in keeping with the neighborhood and a good use of the property. The modifications were minor in nature.
A Motion was made by P. Broadhurst, seconded by R. McIntyre to GRANT Application 12/13-05 B William Pavlu. The variance requests are granted. The hardship is caused by the zoning regulations enacted after all the buildings were constructed. Change extending out slightly toward Chalker Beach is consistent with the other buildings on that side of Chalker Beach Road and would allow the Pavlu’s to change the building so that it’s in conformance with those other buildings on the street and enhance the
property values in the area. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. Billiau, P. Broadhurst, R. McIntyre Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
A. Stillman seated
12/13-07 B David G. Heiney, Co-Exec of Estate of Eugean E. Heiney, Jr. seeks a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change), Par. 58.2 (Gateway Riparian Buffer/100’ required/78’ proposed) and Par. 37.4.3.B (side yard setback/15’ required/8.5’ proposed) of the Zoning Regulations to permit renovation of residential structure with addition of rear dormer built within existing footprint property located at 27 Bridge Street, Map No. 24, Lot No. 51.
A letter from Attorney Edward Cassella dated July 10, 2012 requesting that the opening of the public hearing scheduled for July 12th be continued to the August 8, 2012 Regular meeting.
12/13-08 B John M. & Sharon A. Napier seek a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change), Par. 24.5.1 (front yard setback/25’ required/16.75’ proposed) and Par. 24.6.1 (building coverage/20% allowed/27.02% proposed) of the Zoning Regulations to permit expansion of existing residential property, deck and hatchway to be removed and expansion will be in the front yard on property located at 10 Neptune Drive (Knollwood), Map No. 004, Lot No. 230.
A letter from Attorney Edward Cassella dated July 10, 2012 requesting that the opening of the hearing scheduled for July 12th be continued to the August 8, 2012 Regular meeting.
A Motion was made by R. McCall, seconded by R. McIntyre to POSTPONE THE OPENING OF THE PUBLIC HEARING FOR APPLICATIONS 12/13-07 B David G. Heiney and 12/13-08 B John M. & Sharon A. Napier to the August 8, 2012 Regular Meeting per Attorney
Cassella’s letter of July 10, 2012. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, A. Stillman, P. Broadhurst, R. McIntyre Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Minutes: A Motion was made by R. McCall, seconded by R. McIntyre to approve the Minutes of the June 13, 2012 Regular Meeting as submitted. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, A. Stillman, P. Broadhurst, R. McIntyre Opposed: None Abstaining: R. McIntyre The motion passed unanimously. 5-0-0
Adjournment: A Motion was made by R. McCall, seconded by D. Alexender to adjourn the July 11, 2012, continued to July 12, 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 8:35 p.m.
Rexford McCall, Chairman
Old Saybrook Zoning Board of Appeals
The next Regular Meeting of the ZBA will be on Wednesday, August 8, 2012 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.
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