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, 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. 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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PUBLIC HEARING:
Present: Edward Cassella, Esquire, attorney for the applicant; Craig Laliberte, Architect and Cal Caldarella, contractor.
Attorney Cassella gave his presentation by stating that the structure will be on substantially the same footprint. The variances being requested are for the demolition and rebuilding also asking for a variance for the side yard setback. The shed will be removed thereby eliminating an existing nonconformity. There is a slight decrease in the nonconformity on the eastern side of the property, existing structure 30.5’ wide, the new is 30’ wide. The Department of Energy and Environmental Protection supports elevating the structure above the flood height. The existing elevation is 9.2’, although the topography average is 8’, plus 3’ will equal a 12’ elevation. The proposed coverage is 19%. The current house is 4 bedrooms, the new one will be 3
bedrooms. The total height of the structure to the ridge line is 32’ and will meet coverage and gross floor area requirements. The hardship is the required setbacks in the Residential A district, this is a 43’ wide lot that is long and narrow and the imposition of the 15’ setbacks makes a small buildable area. Also this is a pre-existing non-conforming lot. The house was damaged by the previous storm and is being elevated to meet the new FEMA flood elevations. Mr. Laliberte went over the house plans with the Board and stated that portions of the existing dwelling are not structurally adequate. The existing house is a “Cape” style, the new one will be Colonial with one bedroom downstairs, the outdoor shower is to remain where it is. There will be no mechanicals in the basement, they will be placed in the attic. R. McCall stated that the septic is to be approved prior to the issuance of the building
permit.
The following letters in support were entered into the record: Evelyn Carabetta of 26 Beach Road E, dated October 7, 2012; William Johnson of 24 Beach Road E, dated October 6, 2012; Marianne Caldarella of 22 Beach Road E, dated October 7, 2012; Terri and Steven Gelbstein of 30 Beach Road E, dated October 4, 2012; Helen Totonis of 34 Beach Road E, dated October 4, 2012; Katherine and Guy Nicastri of 27 Beach Road E, dated October 8, 2012 and Michael Fedele of 36 Beach Road E, dated October 10, 2012.
The Chairman then opened the floor for comments from the audient either in favor or in opposition. There were no comments from the audience or further comments from the Board. The public hearing closed at 8:02 p.m.
VOTING SESSION:
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
Mgulations 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.
PUBLIC HEARING:
Present: Michael Satmary, agent for the applicant; Mr. Joseph Arcari, applicant
Mr. Satmary started the presentation by stating that Mr. Arcari owns two properties, 2 and 6 Wildwood Road. Mr. Arcari would like to demolish both structures and construct one single family dwelling. There are only three variances that are being requested. Wildwood Road is a narrow street. The new structure will exceed the maximum building structure coverage by 6.4%. The existing septic systems for the two houses are failing. With the demolition of the structures one new code compliant system will be installed for the new structure. The cars that now do not have a place to park will have space set aside for parking and in the proposed garage.
R. McCall and D. Alexander both stated that the house was two and a half stories and since there was not a floor plan submitted with the application, that could not be confirmed. Mr. Satmary stated that the space would be for the mechanicals, there would be no habitable space. A. Stillman asked to continue the public hearing to November for additional information. A. Stilllman asked if the applicant had any objection about moving the structure back from the road about 7’. D. Alexander stated that they are trading two houses at 28% structure coverage for one at 26%. Mr. Satmary stated that they could eliminate the garage which would reduce the coverage by 252 s.f. R. McCall stated that that was an improvement but D. Alexander stated that was not enough.
The following letters in support were entered into the record: Lynne Cohen of 9 Indianola Drive dated September 15, 2012; David Gallitto of 8 Wildwood Road dated September 29, 2012; Michael & Elizabeth Palmeri of 11 Indianola Drive dated September 17, 2012; Chester and Jacqueline Mounts of 1 Wildwood Road dated September 17, 2012; Todd and Kristen Roberts of 2 Wildwood Road dated October 4, 2012; Leanna E. Cohen of 10 Wildwood Road dated October 4, 2012; Tom and Debbie Morgan of 12 Indianola Drive dated September 30, 2012; Frank and Diane Gilchrest of 7 Wildwood Road dated September 22, 2012; Maureen Chatfield of 26 Summerfield Road dated September 20, 2012 and Elaine Somers and Robert Wilkey of 19 Summerfield Road dated October 4, 2012.
The Chairman then opened the floor for comments from the audient either in favor or in opposition. Todd Roberts of 2 Wildwood spoke in favor, but moving back would make it look funny. Chester Mounts of 1 Wildwood spoke in favor. Richard Eppifanio of 43 Indianola in support but stated moving back would not look good since road curves, this lot is more pie shaped. Discussion regarding sketch of floor area needed. Mr. Gibble discussed square footage
lculations. There were no further comments from the audience or further comments from the Board.
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.
PUBLIC HEARING:
Present: Edward Cassella, Esquire, attorney for the applicant; Mr. & Mrs. Nurmi, applicants
Attorney Cassella started his presentation by going over the previous variance application that was granted in May, 2012. Mr. Nurmi was doing the work himself and after performing a “green” demolition he noticed that the piers in the center are vastly insufficient to support a new structure and makes renovation of structure impossible. The “new” structure will be exactly like the previous one, the variances requested are exactly the same as those granted in May. Everything the same except for “repairing” the existing structure, it is now a demo and reconstruct. The design of the structure is LEED. A letter in support from Vincent and Nell Motto of 40 Clearwater Road dated October 6, 2012. Mrs. Nurmi stated that the demolition will be conducted in a
“green house concept” and they are taking down the house piece by piece and it will be rebuilt on a farm in East Lyme. P. Broadhurst asked about the 5’ setbacks on each side. Mr. Nurmi spoke to Ken Picard, Surveyor and the structure is being moved 2’ further to the south.
Mihe Chairman then opened the floor for comments from the audient either in favor or in opposition. Mr. Jim Downey of 23 Sea Lane stated that it was a great job and is in support. There were no further comments from the audience or further comments from the Board. The public hearing closed at 9:05 p.m.
VOTING SESSION:
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
PUBLIC HEARING:
Present: Edward Cassella, Esquire, attorney for the applicant; Craig Laliberte, Architect; Mr. Gibble, Structural Engineer
Attorney Cassella started his presentation by stating that this property has two residential units on it. The main house which was built in 1940 and a garage with a second story which has a one bedroom apartment in it which was built in 1946. Attorney Cassella presented the Board with pictures of the structures, as well as the Assessors Cards. There will be renovations made to the wooden structure of the garage to shore it up. The applicant has owned this property for 25 years. The flooding comes from the marsh and the garage is to be raised to meet the 12’ flood elevation. The mechanicals for the apartment unit are currently in the basement of the garage. Mr. Gibble stated that the wooden portion of the structure is not sound, but the masonry portion is. A letter from
Marcy Balint, Department of Energy and Environmental Protection dated October 9, 2012 states that if solid walls are used, care must be taken to ensure that hydrostatic and hydrodynamic pressure does not damage or collapse the walls. Mr. Gibble discussed how the process would work and a letter dated October 8, 2012 from Mr. Gibble, P.E. of GNCB Consulting Engineers in Old Saybrook which is in the file. The roofline overhang currently extends into the neighbors property and with the renovation, it will be cut back to a 6” overhang. The gross floor area will remain the same. The hardship is the imposition of the Residence A regulations on this piece of property. The house is currently within the front yard setback. Mr. Laliberte went over the floor plan for the structure and discussed roof pitch to accommodate the mechanicals which are to be moved from the basement. The building coverage is being reduced and none of the other
nonconformities are being increased. The following letters of support were entered into the record: Evelyn Carabetta of 26 Beach Road E, dated October 7, 2012; William Johnson of 24 Beach Road E, dated October 6, 2012; Marianne Caldarella of 22 Beach Road E, dated October 7, 2012; Helen Totonis of 34 Beach Road E, dated October 4, 2012 and Katherine and Guy Nicastri of 27 Beach Road E, dated October 8, 2012.
The Chairman then opened the floor for comments from the audient either in favor or in opposition. There were no comments from the audience. R. McCall stated that he went into the structure and the first floor does sag. R. McCall also stated that the front porch will be removed. There were no further comments from the Board. The public hearing closed at 9:40 p.m.
VOTING SESSION:
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
Mi 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.
PUBLIC HEARING:
Present: Edward Cassella, Esquire, attorney for the applicant; Craig Laliberte, Architect and Mr. and Mrs. Kostantakis, applicants
Attorney Cassella started his presentation by stating that the proposal is to tear down and rebuild. The structure will be shifted 2.8’ to the north allowing room on the north side for vehicles. The proposal lessens the existing coverage and the structure is to be elevated to meet the FEMA flood height. The existing lot is 40’ wide, which leaves a 10’ wide building envelope. Mr. Laliberte discussed how the project did not comply with the FEMA 50% rule for repairs so therefore the structure needs to be brought up to the FEMA code. The structure is two stories and Mr. Laliberte went over the floor plan. The proposed structure is a 3 bedroom house, the height of the structure is 34’, existing ground coverage 30.6%, now 29.2%. D. Alexander stated that an
existing floor plan was not submitted. Mr. Laliberte stated that the back deck is being reduced in size and the shed is included in the ground coverage calculation. Discussion about gross floor area and what was included in the calculation. R. McCall stated that wood deck could be cut back further and shed could be removed. If shed removed which is 80 s.f. it reduces coverage to 27.2%, if deck 15’ x 11’, reduction of 33 s.f. it would reduce coverage to 26.35%.
The Chairman then opened the floor for comments from the audient either in favor or in opposition. There were no comments from the audience and no further comments from the Board. The public hearing closed at 10:10 p.m.
VOTING SESSION:
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
REGULAR MEETING:
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.
Respectfully submitted,
Kim N. Barrows, Clerk
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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