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, September 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: Kim Barrows, Clerk
Absent: Carl Garbe, alternate and Christopher Billiau, 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.
A Motion was made by R. McCall, seconded by R. McIntyre to move the continued public hearing for Application 12/13-11C – Helen B. Morelli to the third item to be heard after Application 12/13-13C. 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
12/13-12 - Richard C. & Stephanie M. Gallitto 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/30’ required/18.0' 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 of existing dwelling and construction of new two-story dwelling with attached garage on property located at 30 Sea Breeze Road, Map No. 3, Lot No. 167.
Discussion with respect to the public hearing that closed this evening. R. McCall stated the design of the dwelling conforms with the neighborhood. A. Stillman stated great plans, encumbrances being lessened and the square footage is under 20%. P. Broadhurst asked about the captains walk on the top of the house, the majority of the Board did not have a problem with it. It was stated that the applicant took into account the comments from the previous meeting when the previous motion to grant failed to pass in May.
A Motion was made by A. Stillman, seconded by R. McCall to GRANT Application 12/13-12 - Richard C. & Stephanie M. Gallitto. The applicant has demonstrated the hardship that the setbacks imposed, the two narrow street setbacks create difficulty otherwise for the property and obviously it is compatible with the characteristics of the neighborhood. Sufficient hardship has been shown. 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
12/13-13C - Susan J. & Paul A. Sposato 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/ 20.9' proposed) of the Zoning Regulations to permit reconstruction of existing year round 3 bedroom residential dwelling with a 4 bedroom dwelling with an attached garage and deck on property located at 33 Beach Road (Knollwood), Map No. 003, Lot No. 354.
Discussion with respect to the public hearing that closed this evening. R. McCall stated that this is a unique proposal, a big house but also a big improvement to the neighborhood. The slight encroachment on Beach Road already exists. A. Stillman stated that they are reducing encroachments by removing the deck and the shed.
A Motion was made by A. Stillman, seconded by D. Alexander to GRANT w/condition Application 12/13-13C - Susan J. & Paul A. Sposato. The variances requested are being granted, specifically the narrow street setback also the enlargement of the nonconformity. The applicants have demonstrated that the granting of the variances would be compatible with the neighborhood. Evidence was presented in the form of a petition signed by 20 plus neighbors in support. Sufficient hardship has been shown. The condition is that the existing shed shall be removed. The CAM 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, A.
Stillman, D. Alexander, P. Broadhurst, R. McIntyre Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
12/13-11C - Helen B. Morelli, Trustee c/o Glenn Morelli seeks a variance of Par. 10.8.1 and 10.8.2 (nonconformity enlargement/change) and Par. 24.5.3 (sideline setback/15' required/9.8’ proposed for second floor vertical extension) of the Zoning Regulations to permit expansion of second floor utility room by raising roof to create a dormer on property located at 1 Shetucket Trail (Indiantown), Map No. 13, Lot No. 14.
Discussion with respect to the public hearing that closed this evening. R. McCall sees no reason to not grant the variances required for the roof line, it is a vertical encroachment. The outstanding issues from 1990 have been resolved to the acting Zoning Enforcement Officers satisfaction.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT Application 12/13-11C - Helen B. Morelli, Trustee c/o Glenn Morelli to raise the roof line for the second floor utility room. The outstanding issues from 1990 have been resolved to the satisfaction of the acting Zoning Enforcement Officer. The CAM 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, A. Stillman, D. Alexander, P. Broadhurst, R. McIntyre Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
12/13-07 - 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), Par. 58.6 (Gateway Riparian Buffer/prohibits construction within 100’/within 78’ construction 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.
The public hearing closed on August 8, 2012 but the decision was deferred to the September meeting to get a response from the Health District as to the number of bedrooms. The Health District letter of August 30, 2012 stated that the number of existing bedrooms is 3 and it is to remain a 3 bedroom home. The form had not been filled out in its entirety and was not noted since the number of bedrooms remained the same. R. McCall and A. Stillman stated again that they do not condone coming for variances after the fact. A. Stillman stated that this is the type of a variance would have been granted if it came before the Board prior to construction.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT Application 12/13-07 - David G. Heiney to accommodate the rear dormer over the existing footprint. Approval given by the Conn. River Gateway Commission since it was not a threat to the river scene. The hardship is the additional regulation requirements imposed by the Gateway Riparian Buffer regulations. 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
Minutes: A Motion was made by R. McCall, seconded by R. McIntyre to approve the Minutes of the August 8, 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 A. Stillman to adjourn the September 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 9:00 p.m.
Rexford McCall, Chairman
Old Saybrook Zoning Board of Appeals
The next Regular Meeting of the ZBA will be on Wednesday, October 10, 2012 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.
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