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 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.
PUBLIC HEARING:
Present: Edward M. Cassella, Esquire, attorney for the applicants; Mr. Richard Gallitto, applicant
Attorney Cassella started his presentation by stating that the applicants were before the Board in May with a plan but it was denied since the motion to grant passed three to two. It takes four affirmative votes to grant a variance. The applicant took into consideration all of the comments made by the Board at the May meeting and has now come back to seek variances to construct a new dwelling. Attorney Cassella then went over the differences between the May site plan and the one presented this evening. The existing garage is being removed and the new dwelling will have an attached garage. The house is being moved back further from the street. The hardship is that the lot is a corner lot with two narrow street setbacks. The coverage has been reduced from the last application so it
is under the 20% allowed. This new proposal does not have porches in the front so it will not encroach further into the front setback. The house can’t be moved forward toward the Mohican Road side due to a 100 year old Maple tree that the applicants would like to keep. The reason for the tear down and rebuild is that the existing structure does not have a basement. Attorney Cassella presented the Board with aerial photos depicting the line of houses in a row and where this house will be in that line. The proposal is in conformance with the existing neighborhood and the comprehensive plan. Attorney Cassella stated that this application is exempt from the Municipal Coastal Site Plan Review.
The following letters in support were entered into the record: Angela and Antonia Cubetta of 33 Sea Breeze Road; Robert Wilmer of 33 Sea Breeze Road; Maureen & Michael Kapj dated April 7, 2012 of 29 Sea Breeze Road; Brian and Kelly Beauleau of 24 Sea Breeze Road and William McKenna of 36 Sea Breeze Road.
The Board discussed the ground coverage calculation and the covered porch which is part of the second floor. The Chairman then opened the floor for comments either in favor or in opposition. The following people spoke in favor: Tom Morgan of 17 Indianola; Mike Kapj of 29 Sea Breeze Road and Brian Beauleau of 24 Sea Breeze Road. There were no further comments from the audience or the Board and the public hearing closed at 7:55 p.m.
VOTING SESSION:
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.
PUBLIC HEARING:
Present: Dennis Ceneviva, Esquire of Meriden, CT, attorney for the applicants; Mr. & Mrs. Sposato, Robert Doane, P. E. and Ray Murphy, builder
Attorney Ceneviva gave his presentation and started by stating that the property is unique since it is like a “peninsula”. The property was developed in 1953 as a single family dwelling. Variances had been previously granted to renovate the house. The applicants would like to renovate the house by adding a porch, new garage and a second story on the portion of the house facing Beach Road. Attorney Ceneviva went over the variances requested, one being the variance for the required 30’ setback. The applicants are proposing 20.9’. Attorney Ceneviva presented the Board with a copy of the Certificate of Zoning Compliance. The existing deck is being removed as well as the concrete patio. The renovations will have a positive impact on the neighborhood and
the property. Mr. Robert Doane took the floor and discussed the actual placement of the house on the lot, the addition to the second floor which is 153s.f. and the hardship that the lot shape is a “peninsula” and having 3 narrow street setbacks to comply with. The height of the structure is 34.21’. The application stated 3 to 4 bedrooms, but the dwelling will remain a 3 bedroom dwelling. Mr. Sposato presented the Board with a petition in support with 21 signatures on it. The shed as noted on the plan is to be removed. The Chairman then opened the floor for comments either in favor or in opposition. The following people spoke in favor: Jim and Liz Canavan of 1 Cypress Road; Joanne Cancellarini of Cypress Road and Ruth Garvey of Osprey Road. There were no further comments from the audience or the Board and the public hearing closed at 8:15 p.m.
VOTING SESSION:
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.
CONTINUED PUBLIC HEARING:
Present: David M. Royston, Esquire, attorney for the applicant; J. H. Torrance Downes, the Acting Zoning Enforcement Officer at the time of the original Cease and Desist.
Attorney Royston stated that he outlined the variances last month and that the only variance other than those for change/enlargement was for the roof line extension for the utility room. He stated that a Cease and Desist Order was issued this year for violations that occurred from a variance granted in 1990. There were 4 outstanding issues: 1) dormers on the second floor; 2) did the area of in the third level exceed 50% of the floor below (definition of ½ story); 3) did the gross floor area exceed what was allowed under the variance granted which would be 45.6% and 4) was there an extension of the roof line for the utility room. With respect to item 1, the issue was resolved by removing the dormers. With respect to item 2, it was verified by Mr. Downes that it was indeed a half story. With respect to item 3, after calculation, the gross floor area is 45.0% which is under the allowed 45.6% granted in the 1990 variance. With respect to item 4, the applicant is before the Board
for the necessary variances for the roof line to allow the utility room. Attorney Royston then discussed the stone retaining wall which goes from north to south and the shrubbery. It seems that the shrubbery is on Town property and the stone wall is within the Town right-of-way. Attorney Royston stated that in any event the applicant does not claim any right to maintain the wall or rights to maintain the shrubbery. The Town has every right if the Town needs the property they can go in and claim it. Torrance Downes then explained that he verified the information by doing a site inspection. The floor area that was originally over by 30 square feet was resolved by redefinition as to what constitutes square footage, i.e. exclusions in definition of stairwells do not contribute to coverage. Mr. Downes stated that he inspected the “utility room” and it actually is a room with utilities in it. The Chairman then opened the floor
for comments either in favor or in opposition. Mr. Morelli, the son of Mrs. Helen Morelli stated that his mom has lived there since 1980. There were no further comments from the audience or the Board and the public hearing closed at 8:45 p.m.
VOTING SESSION:
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
REGULAR MEETING:
Old Business – Decision:
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.
Respectfully submitted,
Kim N. Barrows, Clerk
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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