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Zoning Board of Appeals Record of Vote 12/12/2012
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, December 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:  Carl Garbe, alternate and 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 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.

12/13-23 B Alex Dziama seeks a variance of Par. 24.5.2 (rear property line setback/15’ required/7.1’ proposed), Par. 24.5.3 (other property line setback/15’ required/11.7’ proposed), Par. 24.3.1 (minimum lot area/20,000 s.f. required/6,430 s.f. existing) and Par. 24.3.4 (minimum width along building line/100’ required/50’ existing) of the Zoning Regulations to permit removal of existing dwelling and construction of new 2-bedroom dwelling which complies with the FEMA guidelines effective February, 2013 on property located at 9 Cranton Street (Chalker Beach), Map No. 012, Lot No. 068.

The public hearing was continued to January 9, 2013 so that the applicant can discuss with the Health District and the engineer about the possibility of moving the septic system location in order to create a larger rear setback.   

A Motion was made by R. McCall, seconded by A. Stillman to CONTINUE Application 12/13-23 – Alex Dziama to the January 9, 2013 Regular Meeting.  Continuation in order to discuss with Health District and engineer the possibility of relocating the septic system so that the house could be moved.  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  

12/13-24 C B Sarette Builders seek a variance of Par. 58.6 (setback/Gateway Conservation Zone/building within 100’ of CT River/35’+/- proposed), Par. 58.2 (Riparian Buffer Area within Gateway Conservation Zone/100’ required/35 +/- proposed) and Par. 68.1.2B9 (special setback from tidal wetlands/50’ required/35’ +/- proposed) of the Zoning Regulations to permit demolition of condemned structure damaged by storm and construction of a new year round two and a half story, 3 bedroom home on property located at 56 Willard Avenue, Map No. 24, Lot No. 94.

Discussion with respect to the public hearing that closed this evening.  The consensus of the Board was to grant the application with the condition that, as per the Conn. River Gateway Commission more trees are planted to the rear of the property and as per the DEEP, a noninvasive vegetative buffer be planted to protect the wetlands.

A Motion was made by A. Stillman, seconded by R. McIntyre to GRANT Application 12/13-24C – Sarette Builders/CAM approved. The application as submitted is granted, the applicant has submitted sufficient information to demonstrate hardship, the dwelling is inhabitable.  Plantings as proposed by the Conn River Gateway Commission on the southerly property line be retained and that one or more trees be planted to the rear of the structure in order to provide some visual buffering of this site.  Also plant per the DEEP a vegetative buffer of native noninvasive plantings along the tidal wetland area to protect the wetlands.  The proposal is consistent with the neighborhood and is also 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, R. McIntyre, P. Broadhurst  Opposed:  None  Abstaining: None   The motion passed unanimously. 5-0-0

12/13-25 B Phil Tougas seeks a variance of Par. 10.8.3 (nonconformity lots/40,000 s.f. required/39,829 s.f. (total upland) existing) of the Zoning Regulations to permit demolition of existing structure and construction of new year-round single family dwelling with an attached garage on property located at 210 Essex Road, Map No. 58, Lot No. 52.

Discussion with respect to the public hearing that closed this evening.  The existing house has been vacant for a while and is inhabitable.  The applicant is moving house site to meet all the Zoning Regulations except for the lot size which should be 40,000 s.f.  The lot size is 39,829 s.f. of total upland area.  

A Motion was made by R. McCall, seconded by D. Alexander to GRANT Application 12/13-25 – Phil Tougas.  The variances requested are granted to replace the existing house that is completely in dire need of replacement and to build a new house meeting all the required setbacks with just a minor discrepancy between the 40,000 s.f. requirement for a lot.  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

Minutes:  A Motion was made by R. McCall, seconded by R. McIntyre to approve the Minutes of the November 14, 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  

Election of Officers: Nominations for Chairman, Vice Chairman and Secretary:

Chairman:   D. Alexander nominated R. McCall to serve as Chairman, R. McIntyre seconded the nomination.  D. Alexander moved to close nominations for Chairman, R. McIntyre seconded the motion.  A vote was taken: In favor: D. Alexander, P. Broadhurst, A. Stillman, R. McIntyre   Opposed: None Abstaining: R. McCall The motion passed. 4-0-1   Rexford McCall was elected Chairman.

Vice Chairman:  A. Stillman nominated D. Alexander to serve as Vice Chairman, R. McCall  seconded the nomination.  R. McCall moved to close nominations for Vice Chairman, R. McCall seconded the motion.  A vote was taken: In favor:  R. McCall, P. Broahdurst, A. Stillman, R. McIntyre    Opposed: None    Abstaining: D. Alexander  The motion passed. 4-0-1   Dorothy Alexander was elected Vice Chairman.

Secretary: R. McCall nominated A. Stillman to serve as Secretary, R. McIntyre seconded the nomination.  R. McCall moved to close nominations for Secretary, R. McIntyre seconded the motion.  A vote was taken: In favor: D. Alexander, R. McCall, P. Broadhurst, R. McIntyre   Opposed: None Abstaining: A. Stillman   The motion passed.  4-0-1   Adam Stillman was elected Secretary.

Adjournment:  A Motion was made by R. McCall, seconded by D. Alexander  to adjourn the December 12, 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, A. Stillman   Opposed:  None   Abstaining: None   The motion passed unanimously. 5-0-0   The meeting was adjourned at 8:45 p.m.


Rexford McCall, Chairman        
Old Saybrook Zoning Board of Appeals

The next Regular Meeting of the ZBA will be on Wednesday, January 9, 2013 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.