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, November 14, 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, Robert McIntyre and Carl Garbe, alternate.
Present: Kim Barrows, Clerk
Absent: 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 Application number 12/13-20C – Carver to the end of the agenda. No discussion and a vote was taken: In favor: R. McCall, A. Stillman, D. Alexander, R. McIntyre, P. Broadhurst Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
A. Stillman seated for Application 12/13-15 only [left meeting at 7:42 p.m.]
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/16.2' 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/22% 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.
Discussion with respect to the public hearing that closed this evening. The proposal to remove two deteriorating structures to build one more modern code compliant structure. A new septic system is a plus. A. Stillman stated that the applicant has recognized the concerns of the Board and made significant efforts to comply with the concerns of the Board.
A Motion was made by A. Stillman, seconded by R. McIntyre to GRANT Application 12/13-15 – Joseph and Patricia Arcari. The variances as requested are granted. The proposal is compatible with the character of the neighborhood. Sufficient hardship has been shown based on the application, evidence and exhibits presented. No discussion and a vote was taken: In favor: R. McCall, A. Stillman, D. Alexander, R. McIntyre, P. Broadhurst Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
C. Garbe, alternate seated for the remainder of the meeting.
12/13-19 C B Sammy Carabetta seeks a variance of Par. 10.8.1 and 10.8.2 (nonconformity/ lots/expansion/enlargement structure) and Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setbacks/34.75’ required for Beach Road East/40’ required for Chalker Beach Road/6.2’ to Chalker Beach Road proposed) of the Zoning Regulations to permit demolition of existing dwelling and construction of 3-bedroom year-round dwelling with pervious stone paver terrace and driveway on property located at 2 Beach Road East (Chalker Beach), Map
No. 012, Lot No. 145 - WITHDRAWN per e-mail from Joe Wren dated November 14, 2012
12/13-21 C B John and Denise Pitkin seek a variance of Par. 10.8.1 and 10.8.2 (nonconformity/ lots/expansion/enlargement structure) and Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/30’ required/19.88' proposed to front covered porch) of the Zoning Regulations to permit renovation of existing dwelling add second floor, remove portion of existing deck and add 14’ x 12’ screened porch. Front covered entry to be replaced/enlarged, garage to remain on property located at 56 Cypress Road (Knollwood), Map
No. 4, Lot No. 31.
Discussion with respect to the public hearing that closed this evening. Renovations in harmony with the neighborhood. Applicant agreed to remove the decking in the rear.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT w/condition Application 12/13-21C – John and Denise Pitkin. The condition is that the entire existing wooden deck be removed and the portion of the other area of the existing wood deck as shown on the plan to be removed also as the applicant has mentioned. The remaining portion of the deck will be enclosed with a screened porch. The hardship is that the existing house is situated on a narrow street. The house will be renovated to conform with building and fire safety codes. Proposal is in harmony with the neighborhood. Discussion: D. Alexander asked that the dimensions of the deck to be removed added. R. McCall stated that the portion to be removed is roughly 20’ x 15’ [as shown on site
plan]. No further discussion and a vote was taken: In favor: R. McCall, D. Alexander, R. McIntyre, P. Broadhurst, C. Garbe Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
A Motion was made by R. McCall, seconded by D. Alexander to APPROVE the Coastal Area Management application for Application 12/13-21C 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, R. McIntyre, P. Broadhurst, C. Garbe Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
12/13-20 C B Donald J. and Carol S. Carver seek a variance of Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/30’ required/8.8' proposed), Par. 24.3.2A (minimum dimension of square/100’ required/ 7’ proposed) and Par. 10.8.3 (nonconformity lots/12,500 s.f. required/2,473 s.f. existing) of the Zoning Regulations to permit construction of a two story, 3 bedroom dwelling on vacant lot (previous variance granted 12/8/10) on property located at South Cove Road-2 (Knollwood), Map No. 4, Lot No. 278.
Discussion with respect to the public hearing that closed this evening. Applicants adhering to the tidal wetlands setback in the rear. Previous variance granted in 2010, applicant changing house style not the footprint that was approved previously. The DEEP has concerns about the amount of fill close to and below the noted elevation 3.0 on the plans submitted which depicts grading and filling. The DEEP states that any work waterward of elevation 2.9 NAVD will require permits from the Permit Section of the Department of Energy and Environmental Protection (DEEP).
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT Application 12/13-20C – Donald J. and Carol S. Carver. That this variance request be granted, that the hardship is that the lot has been listed as an acceptable building prior to three recently approved zoning ordinances and it will comply with the 50’ setback from the tidal wetlands and have a slight encroachment on the front line setback. This approval will be predicated on the house plan as submitted and prepared by Kuncas Associates, LLC dated October 1, 2012. Discussion: R. McIntyre asked inland wetlands or tidal wetlands, it is tidal. No further discussion and a vote was taken: In favor: R. McCall, D. Alexander, R. McIntyre, P. Broadhurst, C. Garbe Opposed: None Abstaining:
None The motion passed unanimously. 5-0-0
A Motion was made by R. McCall, seconded by D. Alexander to NOT APPROVE the Coastal Area Management application for Application 12/13-20C, South Cove Road-2 at this time until any approval is granted from the Department of Energy and Environmental Protection (DEEP) with respect to placement of any fill on the lot or an acceptable grading plan is submitted that has been modified to eliminate the need for a DEEP permit. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, R. McIntyre, P. Broadhurst, C. Garbe Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
12/13-22 B Maureen Rodgers 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/35’ required/20' proposed), Par. 24.6.2 (maximum bldg structure coverage/20% allowed/32.3% proposed), Par. 24.3.1(A) (lot area 20,000 sq. ft required/7,144 sq. ft. existing) and Par. 24.3.4 (minimum width along bldg line/100’ required/65’ existing) of the Zoning Regulations to permit demolition and construction of new dwelling, existing garage to remain on
property located at 11 Uncas Road (Cornfield Point), Map No. 001, Lot No. 129.
Discussion with respect to the public hearing that closed this evening. R. McCall felt that the proposal exceeded the maximum building coverage too much. The Board felt that since this house was to be demolished and new construction, more of an effort should be made to conform to the Zoning Regulations.
A Motion was made by D. Alexander, seconded by R. McCall to DENY Application 12/13-22 – Maureen Rodgers. Although some serious efforts have been made to minimize some of the encroachments, the amount of coverage is just too great for the Board to grant. The hardships do not justify the variances. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, R. McIntyre, P. Broadhurst, C. Garbe Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Minutes: A Motion was made by R. McCall, seconded by D. Alexander to approve the Minutes of the October 10, 2012 Regular Meeting as submitted. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, R. McIntyre, C. Garbe Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Adjournment: A Motion was made by R. McCall, seconded by P. Broadhurst to adjourn the November 14, 2012 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, R. McIntyre, D. Alexander, P. Broadhurst, C. Garbe Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 9:35 p.m.
Rexford McCall, Chairman
Old Saybrook Zoning Board of Appeals
The next Regular Meeting of the ZBA will be on Wednesday, December 12, 2012 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.
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