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, 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.
CONTINUED PUBLIC HEARING:
Present: Mr. Satmary, builder and agent for the applicant; Mr. Arcari, applicant
The application was continued from last month so that the applicant could revise the plans and take into consideration the comments from the Board. Currently there are two lots which have a house on each and failing septic systems. The proposal is to combine the lots and tear down both structures. One house will then be built to code and it will have a new code compliant septic system. After the comments made at the meeting last month, the new proposal is to move the proposed house back to meet the setback on the west side. An attic floor plan has now been submitted which shows that the space will not be living space, by doing this the percentage has now been reduced to 39.9% which is just below the 40% allowed. The applicant has removed the garage which was originally proposed and by
removing it, the building structure coverage has been reduced and is now 22%, just slightly over the 20% allowed. Also by moving the structure, the front setback went from 12’ to 16.2’ which is an improvement. The consensus of the Board was that the applicant considered all of the Boards comments and revised the plans to lessen the nonconformities.
The Chairman then opened the floor for comments 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 7:40 p.m.
VOTING SESSION:
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
A. Stillman left at 7:42 p.m.;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.
PUBLIC HEARING:
Present: Craig Laliberte, Architect, agent for the applicant; Seamus Moran of Indigo Design and Mr. & Mrs. Pitkin, applicants
Mr. Laliberte gave his presentation to the Board. Mr. Laliberte went over the characteristics of the lot, i.e. its width and depth. This is a 3 bedroom Ranch style home and the applicants would like to expand the first floor master bedroom and move the two bedrooms [12’ x 12’] to the new second floor. Currently the house does not have an overhang in the front and the proposal is to add one in the form of a front entryway that is the reason for the request for a front yard setback variance. There will also be a 14’ x 12’ screened porch that will go over a portion of the existing decking, thus moving the deck out. There will be a new septic system installed. The Board asked about removing the decking that remains in order to reduce the ground coverage.
Discussion with the applicants about removing the remaining portion of the decking, i.e. 8’ x 15’, but after further discussions with the Pitkins, 300 s.f. is being removed [20’ x 15’]. R. McCall felt all of the decking should be removed and a paver patio installed instead. There was further discussion about making the sunroom smaller. The roofline will be steeper with dormers added to the front of the house. The front setback from the road to the main building line is 30’, it will be 19.88’ to the proposed entry overhang.
The Chairman then opened the floor for comments either in favor or in opposition. Speaking in favor was Kathy Newsome of 67 Cypress Road and a letter dated October 6, 2012 from Mr. & Mrs. Rossetti of 58 Cypress Road. There was an e-mail from Marcy Balint of the CT DEEP dated November 13, 2012 stating the proposal is consistent with the coastal policies. There were no further comments from the audience and no further comments from the Board. The public hearing closed at 8:00 p.m.
VOTING SESSION:
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.
PUBLIC HEARING:
Present: David Royston, Esquire, agent for the applicant and Mr. & Mrs. Carver, applicants
Attorney Royston started his presentation by going over the tidal wetlands setback. Due to the size of the wetlands on the property, it takes away a good portion of the lot for building purposes. The other hardship is that there is a narrow road setback. The applicants are adhering to the tidal wetlands setback but will need a variance for the narrow street setback. There was a variance granted in 2010 for the narrow street setback. The Carvers purchased the property with the variance in hand but would like to build a different house style. The variance previously granted specifically stated the type of house that was to be built. Attorney Royston went over the site plan with the Board and discussed the differences in house style, i.e. different siding and a full two stories but
will be on the same footprint. Attorney Royston presented a view of the street to the Board, this house will line up with the other houses on the street. This new structure will also be meeting the new FEMA flood elevations. There was a discussion between the Board and Attorney Royston that if a plan is submitted with minor changes it may be approved administratively by the Zoning Enforcement Officer.
With respect to the CAM application, Marcy Balint of the CT DEEP e-mail dated November 13, 2012 had the following comments: “OLISP’s jurisdiction line changed October 1st to the Coastal Jurisdiction Elevation Line which is elevation 2.9 NAVD for Old Saybrook. This jurisdiction line is not noted. We are concerned that the areas of fill close to and below the noted elevation 3.0 which depicts grading and filling may include areas waterward of this line potentially. Therefore the elevation should be placed on the site plan and noted as CJE. Any work waterward of this elevation will require permits from the Permit Section of this office.”
The Chairman then opened the floor for comments 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 8:40 p.m.
VOTING SESSION:
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.
PUBLIC HEARING:
Present: Edward Cassella, Esquire, attorney for the applicant; Brian Buckley, Architect and Ms. Rodgers, applicant
Attorney Cassella started his presentation by going over the application and the variances requested. The existing house is being demolished and a new one will be constructed. There will be a reduction of the existing nonconformities, the sideyard setback will be met and the new home centered on the lot. The hardship is the topography of the lot. The coverage percentage is higher, due to the necessity of deck in the rear which is needed since the rear yard slopes and the first floor elevation of the house is 17.5’. Attorney Cassella stated that the 32% coverage is substantial but many properties in the area have high percentages of ground coverage. Mr. Buckley then went over the house plans, the house will remain a 4 bedroom home that will be code compliant. The
structure will go from a seasonal cottage to a year round home with a code compliant septic system.
Letters in support were entered into the record. William Francis and Marilyn Osowiski, abutter; William and Peggy Chadwick of 14 Uncas Road dated November 9, 2012; Joseph Bacyewsh of 70 Town Beach Road dated November 14, 2012; Mary McKee, no address dated November 7, 2012 and Doris Davitt of 11 Uncas Road dated November 9, 2012.
The Chairman then opened the floor for comments either in favor or in opposition. Ray and Brenda Dyson of 15 Uncase spoke in favor; Mr. John Arabolis, nephew of Andrea Arabolis of 7 Uncas questioned the height and scale of the proposal and why the structure is being pushed back. He was not necessarily opposed to the project. There was discussion of splitting the difference in the front yard setback to alleviate concern of neighbor to go from 20’ to 15’. There were no further comments from the audience and no further comments from the Board. The public hearing closed at 9:20 p.m.
VOTING SESSION:
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
REGULAR MEETING:
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
New Business:
The Chairman asked the Board what dates the Board members would be available in December and January if a Special Meeting was needed. The consensus of the Board was that Wednesdays are better, but more specifically December 19th and January 16th. A conference room will need to be arranged for the added dates.
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.
Respectfully submitted,
Kim N. Barrows, Clerk
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.
| 
