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, October 10, 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.
12/13-14C - Bittersuite, LLC seeks a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change), Par. 24.5.3 (side yard setback/15’ required/7.1’ existing one side and 5.6’ other side), Par. 24.3.1(A) (lot area 20,000 sq. ft required/6,210 sq. ft. existing), Par. 24.3.3 (frontage/50’ required/43.2’ existing) and Par. 24.3.4 (minimum width along bldg line/100’ required/43.2’ existing) of the Zoning Regulations to permit demolition of existing dwelling and construction of new flood compliant cottage on same footprint on property located at 32 Beach Road East (Chalker Beach), Map No. 012, Lot No. 131.
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Discussion with respect to the public hearing that closed this evening. The Board discussed the Marcy Balint, DEEP letter regarding the 100 year flood zone. There is a slight decrease in the nonconformities to the east and west side of the property. The number of bedrooms is being reduced from 4 to 3. The shed is also being removed. There was further discussion regarding the house encroaching further onto the beach and also increasing the floor area which was a concern from the DEEP.
A Motion was made by D. Alexander, seconded by R. McIntyre to GRANT Application 12/13-14C – Bittersuite, LLC. The slight increase in the 100 year flood zone is off set by the fact that the design includes only 3 bedrooms rather than 4, which they had before. The hardship is that the imposition of the Residence A standards causes a hardship on this property by applying the side yard setbacks to this non-conforming parcel that is only 43 feet wide. The result is a building width of 13 feet. So any change would be impossible. 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, A. Stillman, D. Alexander, P. Broadhurst, R. McIntyre Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
12/13-15 - Joseph and Patricia Arcari seek a variance of Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/30’ required/12' proposed), Par. 24.3.1(A) (lot area 20,000 sq. ft required/ 7,997 sq. ft. existing), Par. 24.3.2~ (minimum dimension of square/100’x150’ required/ 79.97 x 100.03 existing), Par. 24.3.4 (minimum width along bldg line/100’ required/79.96’ existing) and Par. 24.6.2 (maximum bldg structure coverage/20% allowed/26.4% proposed) of the Zoning Regulations to permit demolition of two houses, two sheds and one deck and construct one 4-season home on the two lots on property located at 4-6 Wildwood Road (Cornfield Point), Map No. 3, Lot Nos. 193 & 194.
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P. Broadhurst recused himself; C. Billieau, alternate seated for this application.
The Board was concerned about the ½ story and if it would be habitable. There was not a floor plan for that area and the Board has requested one from the applicant.
A Motion was made by R. McCall, seconded by D. Alexander to CONTINUE the Public Hearing on Application 12/13-15 – Joseph and Patricia Arcari to the November 14, 2012 Regular Meeting. The Board is looking for submission of plans that denote the floor area for the ½ story over the second floor and the total gross floor area computation. The Board would like to know the ceiling height in the ½ story and a notation that mechanicals will be placed there and that it will not be habitable space. No discussion and a vote was taken: In favor: R. McCall, A. Stillman, D. Alexander, R. McIntyre, C. Billiau Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
P. Broadhurst seated for the remainder of the meeting.
12/13-16 - Joann L. Nurmi 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/11.85' proposed), Par. 24.5.3 (side yard setback/15’ required/3’on north boundary and 8.66’ south boundary), Par. 24.6.2 (maximum bldg structure coverage/20% allowed/33.6% proposed), Par. 24.3.1(A) (lot area 20,000 sq. ft required/4,000 sq. ft. existing), Par. 24.3.3 (frontage/50’ required/40’ existing) and Par. 24.3.4 (minimum width along bldg line/100’ required/40’ existing) of the Zoning Regulations to permit demolition of existing dwelling and deck and construction of new flood compliant dwelling mirroring previous approval granted in May, 2012 by the ZBA on property located at 41
Saltaire Drive (Cornfield Point), Map No. 3, Lot No. 36.
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Discussion with respect to the public hearing that closed this evening. The applicants received a variance in May, 2012 to renovate and elevate the existing building. Due to the footings not being structurally sound, they need to demolish and reconstruct the dwelling. The plans for the structure are the same. The Board discussed that since it was a demolition and reconstruct, why can’t the applicant move the structure to lessen the setback issues.
A Motion was made by R. McCall, seconded by A. Stillman to GRANT w/condition Application 12/13-16 – Joann L. Nurmi. The house will be re-centered by moving the house slightly to the south with the new construction. So it will be a 5’ setback on the north side and approximately 6.66’ on the south side. The south wall of the home would be parallel with the south boundary of the lot. The hardship is that the house needs to be replaced because of its deteriorating condition and because of the confines of the current zoning, the setbacks create unusual hardship and adhering to them they would not be able to create a habitable building. It is consistent with 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
12/13-17C - Stephen J. and Terri K. Gelbstein 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/1.8' proposed), Par. 24.5.3 (side yard setback/15’ required/.5’ existing), Par. 24.6.2 (maximum bldg structure coverage/20% allowed/41.3% proposed) and Par. 24.6.1 (gross floor area/40% allowed/46.3% proposed) of the Zoning Regulations to permit renovation to detached garage and one bedroom unit, including elevating structure and reconfiguration of roof line to allow mechanicals above flood elevation on property located at 28/30 Beach Road East (Chalker Beach), Map No. 012, Lot No. 132.
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A. Stillman recused himself; C. Billiau, alternate seated for this application
Discussion with respect to the public hearing that closed this evening. The existing structure needs to be structurally upgraded to support the first floor apartment. The brick foundation is being elevated by cinder blocks to meet the FEMA code and will have flood vents on the east and west walls. The floor of the apartment does sag and needs to become structurally sound. The roofline will be changed so that it does not overhang onto the neighboring property.
A Motion was made by C. Billiau, seconded by R. McIntyre to GRANT Application 12/13-17C – Stephen J. and Terri K. Gelbstein. The variances requested are granted to update the garage structurally, sufficient hardship has been shown. The overhang on the garage will be reduced to 6 inches so that it does not overhang onto the adjoining property. The proposal involves revising the roofline which causes hardship on the nonconforming garage/one bedroom unit, that they basically have to be within the property lines, the building already exists and they can’t be in compliance any further. 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, P. Broadhurst, R. McIntyre, C. Billiau Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
A. Stillman seated for the rest of the meeting.
12/13-18 - Gus and Constance Kostantakis 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' proposed), Par. 24.5.3 (side yard setback/15’ required/11’on one side and 5.5’ other side), Par. 24.6.2 (maximum bldg structure coverage/20% allowed/29.2% proposed), Par. 24.3.1(A) (lot area 20,000 sq. ft required/4,100 sq. ft. existing), Par. 24.3.3 (frontage/50’ required/40.01’existing) and Par. 24.3.4 (minimum width along bldg line/100’ required/40.01’ existing) of the Zoning Regulations to permit demolition of existing dwelling and construction of new two-story dwelling on substantially same footprint with reduced rear deck on property located at 7 Saye Street (Chalker
Beach), Map No. 12, Lot No. 001.
Discussion with respect to the public hearing that closed this evening. A. Stillman stated that the applicant was willing to work with the Board to further reduce the nonconformities. They are removing the existing shed and decreasing the size of the deck so that it is 15’ x 11’. The height of the structure is 34’ and the applicant was advised that it can’t exceed the 35’ height requirement. The proposal is consistent with the other homes in the area.
A Motion was made by R. McCall, seconded by P. Broadhurst to GRANT w/condition Application 12/13-18 – Gus and Constance Kostantakis. The wood deck in the rear of the building to be cut back to 15’ x 11’ and that the shed in the rear of the property be removed. The hardship is that the existing house needs repair and within the confines of the current zoning there is no other area except to encroach slightly on the setbacks. Although the setback is being improved slightly on the south side from 2’8” to 5’6” and the applicant has agreed to address the concern of the total ground coverage so that the ground coverage is now 26.35%. 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 A. Stillman to approve the Minutes of the September 12, 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: None The motion passed unanimously. 5-0-0
2013 ZBA Meeting Schedule: A Motion was made by R. McCall, seconded by P. Broadhurst to approve the 2013 ZBA Meeting Schedule as presented with meetings on the second Wednesday of each month. 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
Adjournment: A Motion was made by A. Stillman, seconded by R. McCall to adjourn the October 10, 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 10:30 p.m.
Rexford McCall, Chairman
Old Saybrook Zoning Board of Appeals
The next Regular Meeting of the ZBA will be on Wednesday, November 14, 2012 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.
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