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, January 9, 2013 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 Christopher Billiau, alternate
Present: Alan Spargo, alternate, Chris Costa, Zoning Enforcement Officer 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 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/12.3’ proposed), Par. 24.5.3 (other property line setback/15’ required/11.9’ 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.
Discussion with respect to the public hearing that closed this evening. The applicant took into account the suggestions made by the Board last month. The rear property line setback has been increased from 7.1’ to 12.3’. There will be a new septic system and the shed and deck are being removed.
A Motion was made by R. McCall, seconded by P. Broadhurst to GRANT Application 12/13-23 – Alex Dziama. There have been considerable improvements made over the original home. The applicants took into account the suggestions made by the Board last month. The hardship is that the buildable space is limited due to the location of the septic and the size of the 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
12/13-26 B Louise Carroll seeks a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change) and Par. 24.5.3 (other property line setback/15’ required/7.2’ proposed) of the Zoning Regulations to permit expansion of upstairs by adding shed dormer to rear of existing house to enlarge bedrooms and construct small bathroom on property located at 99 Nehantic Trail (Indiantown), Map No. 19, Lot No. 325.
Discussion with respect to the public hearing that closed this evening. There is no change in the footprint of the structure. The proposal is for rear dormers only to increase headroom on the second floor.
A Motion was made by A. Stillman, seconded D. Alexander to GRANT Application 12/13-26 – Louise Carroll. The variances asked for are granted, there is no change in the footprint, the proposal is consistent with the other properties in the neighborhood and it doesn’t offend the sensibilities of the community or of the zoning rules. 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 recused himself; C. Billiau, alternate seated for this application only
12/13-27 B Maureen Rodgers seeks a variance of Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/35’ required/15' proposed), Par. 24.5.2 (rear property line setback/ 15’ required/3.7’ proposed), Par. 24.5.3 (other property line setback/15’ required/ 11.6’ (house) and 3.3 (shed) proposed), Par. 24.6.2 (maximum bldg structure coverage/ 20% allowed/24% 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/35’ proposed) of the Zoning Regulations to permit demolition of existing dwelling and construction of new dwelling, garage to be replaced with a shed and the deck will be eliminated on property located at 11 Uncas Road (Cornfield Point), Map No. 001, Lot No. 129.
Attorney Edward Cassella asked the Board to continue the application to next month to address some of the concerns the Board had this evening.
A Motion was made by R. McCall, seconded D. Alexander to CONTINUE to the February 13, 2013 Regular Meeting Application 12/13-27 – Maureen Rodgers. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, R. McIntyre, P. Broadhurst, C. Billiau Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
A. Stillman seated for the remainder of the meeting
12/13-28 C B Janet Daigle seeks a variance of Par. 10.8.1 and 10.8.2 (expansion of nonconforming structure), Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/35’ required/16.5' for steps proposed), Par. 24.6.2 (maximum bldg structure coverage/20% allowed/22.6% proposed), Par. 24.5.3 (other property line setback/15’ required/11.8’ (steps/south side) and 7’ (north side) proposed) and Par. 68.1.2b9 (tidal wetlands setback/50’ required/33’ proposed) of the Zoning Regulations to permit
construction of new dwelling, existing dwelling was destroyed by fire, new dwelling in substantially the same location matching pre-existing footprint and gross floor area, it will comply with FEMA regulations effective 2/6/13 on property located at 5 Saye Street (Chalker Beach), Map No. 12, Lot No. 10.
Discussion with respect to the public hearing that closed this evening. The structure will be built to meet the newer FEMA standards, hardship has been demonstrated. The Board discussed at length the building structure coverage on the property. 106 sq. ft. of coverage is added just due to the stairs to get into the property because of the elevation.
A Motion was made by R. McIntyre, seconded R. McCall to GRANT Application 12/13-28C – Janet Daigle. It is granted as proposed on the plan submitted and that the reason for granting the proposal with 22.6% coverage is due to the addition of the stairs in accordance to meeting the FEMA regulations. The shed and the 25 sq. ft. circular deck are to be removed. 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. Discussion: D. Alexander asked for clarification on reducing size; A. Stillman asked if stairs included in coverage, not gross floor area but ground coverage. No further discussion and a vote was taken: In favor: R. McCall, R. McIntyre,
P. Broadhurst Opposed: A. Stillman, D. Alexander Abstaining: None The motion failed to pass. 3-2-0
A Motion was made by A. Stillman, seconded D. Alexander to GRANT w/conditions Application 12/13-28C – Janet Daigle. The variances are granted with the following conditions: 1) the circular deck is to be removed and not rebuilt; 2) the existing shed in the back is removed and 3) that the house is shortened by two feet, going from 43’ to 41’ long, the width remains the same at 18’ wide. 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. Discussion: Clarification on the motion, on the western portion of the property on the plan, the area depicted as first floor deck/enclose second floor which is currently 10’ x 18’ will be
reduced to 8’ x 18’, both the deck and the addition. A. Stillman states the whole house is basically 43’ long on the plans and the reduction will come off the west side of the house. No further discussion and a vote was taken: In favor: R. McCall, A. Stillman, D. Alexander, P. Broadhurst Opposed: R. McIntyre Abstaining: None The motion passed. 4-1-0
12/13-29 B Pavel and Nancy Wilson seek a variance of Par. 10.8.1 (nonconformity lots), Par. 24.3.1 (minimum lot area/20,000 s.f. required/8,330 s.f. existing/6,533 s.f. proposed), Par. 24.3.4 (minimum width along bldg line/100’ required/70’ existing/55’ proposed), Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/35’ required/ reduction of 8.6’ to allow 26.4’), Par. 24.5.5c (minor accessory building setback from other property line/10’ required/2.7’ to allow a 7.3’ setback),
Par. 24.3.2 (minimum dimension of square/100’ required/70’ existing/55’ proposed) of the Zoning Regulations to permit the boundary line of the property between 93 Middletown Avenue and 95 Middletown Avenue to be moved 15’ to the southwest and to allow relocation of the dwelling and allow improvements on property located at 95 Middletown Avenue (Saybrook Manor), Map No. 13, Lots No. 121 and 122.
Discussion with respect to the public hearing that closed this evening. The two houses are very close together. One house will be moved to a more conforming location and will be code compliant. The proposal reduces several existing nonconformities.
A Motion was made by D. Alexander, seconded R. McCall to GRANT Application 12/13-29 – Pavel and Nancy Wilson. The variances are granted based on the plot submitted prepared by Messier & Associates, Inc. dated 7/10, plan no. 98-071A. It will be an improvement to the neighborhood in general and to the particular pair of lots themselves. And in terms of fire control there will be more space between these two houses. The number of reductions in nonconformities eliminates the need for any other mention of hardship. 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
12/13-30 C B John D. and Kimberly M. Shopey seek a variance of Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/30’required for Beach Rd. W/13.6' proposed), Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/35’ required for Saye St./6.6' proposed), Par. 24.5.3 (other property line setback/15’ required/6’proposed), Par. 24.6.2 (maximum bldg structure coverage/20% allowed/27.5% proposed), Par. 24.3.1(A) (lot area 20,000 sq. ft required/3,983.57 sq. ft. existing) and Par. 24.3.4 (minimum width
along bldg line/100’ required/55’ proposed) of the Zoning Regulations to permit demolition of existing cottage and construct new cottage in substantially the same footprint which will be FEMA compliant with February, 2013 FEMA elevations on property located at 28 Beach Road West (Chalker Beach), Map No. 012, Lot No. 008.
A letter dated January 9, 2013 was received from Attorney Edward Cassella requesting that the public hearing for Application 12/13-30C be continued to the February 13, 2013 Regular Meeting. No testimony was given.
A Motion was made by R. McCall, seconded D. Alexander to CONTINUE Application 12/13-30 C – John D. and Kimberly M. Shopey to the February 13, 2013 Regular Meeting. 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 A. Stillman to approve the Minutes of the December 12, 2012 Regular Meeting as submitted. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, R. McIntyre, A. Stillman 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 January 9, 2013 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 10:05 p.m.
Rexford H. McCall
Chairman, Zoning Board of Appeals
The next Regular Meeting of the ZBA will be on Wednesday, February 13, 2013 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.
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