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, February 13, 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, Robert McIntyre, Christopher Billiau, alternate and Alan Spargo, alternate (arrived at 7:55 p.m.)
Present: Kim Barrows, Clerk
Absent: Dorothy Alexander, Vice Chairman, Philip Broadhurst and 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 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.
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
The public hearing was continued from last month so that the applicant could make some changes to the plans and closed this evening. The applicant has made considerable efforts to address the issues the Board raised last month. Significant reductions in the encumbrances have been made. The coverage has been reduced from 24% to 20.26% and only 1.5 s.f. of the stoop is in the setback. The shed will remain and is now placed in a conforming location.
A Motion was made by A. Stillman, seconded by R. McCall to GRANT Application 12/13-27 B Maureen Rodgers. The variances are granted, specifically Par. 24.5.1 which is the narrow street setback, Par. 24.5.3 which is the sideline setback to the east, Par. 24.6.2 the 20% coverage, Par. 24.3.1 and Par. 24.3.4. The applicant has substantially reduced the encumbrances on the existing variances which qualifies as the hardship or can be used in lieu of a hardship. The proposal is consistent with the neighborhood. A new septic
system is being installed as well. No discussion and a vote was taken: In favor: R. McCall, A. Stillman, C. Billiau, R. McIntyre Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
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
Discussion with respect to the public hearing that closed this evening. Since this is a corner lot it is unique. The structure has been condemned by the Building Official. The new structure will be built to meet all applicable codes.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT Application 12/13-30 C B John D. and Kimberly Shopey. The existing home has been damaged and will be rebuilt, it is to remain seasonal. The hardship is the fact that it is on a corner lot which requires excessive setbacks from two sides of the building, the front and the east side and to meet them would be practically impossible leaving no area for construction. The proposed house would be more in line with the boundary lines, it would be a safer residence
since it will be meeting FEMA requirements. The CAM application is granted since 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: A. Stillman adds that the Board has read and taken into consideration the DEEP comments from Marcy Balint and despite her position the Board has granted a significant number of variances specifically on this street and that obviously other people have reviewed the comments and disagreed with her position. No discussion and a vote was taken: In favor: R. McCall, A. Stillman, C. Billiau, R. McIntyre Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
Alan Spargo was seated for the remainder of the meeting.
12/13-31 C B Robert & Patricia Dolan seek 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/existing setback to remain), Par. 24.5.3 (other property line setback/15’ required/13.2’ to house (north), 13.1’ to porch (north) and 5’ to house and porch (south) proposed), Par. 24.5.5 (sideyard setback accessory structure/10’ required/5’ proposed) and Par. 68.1.2b9 (tidal wetlands setback/50’
required/8.6’ +/- to shed proposed and 5’ +/- to grading proposed) of the Zoning Regulations to permit removal of existing cottage and construction of new 3 bedroom seasonal dwelling to meet 2/6/13 FEMA regulations on property located at 100 Chalker Beach Road (Chalker Beach), Map No. 18, Lot No. 87.
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Mr. Joseph Wren, the agent for the applicant, gave his presentation to the Board to see if there were any changes or comments to be made by the Board. The application is before the Inland Wetlands and Watercourse Commission and Mr. Wren asked that the Board continue the public hearing to the March 13, 2013 meeting. This request is made so that in the event the Inland Wetlands and Watercourse Commission requires the structure to be moved or modifications to plan made, those comments can be incorporated into a revised plan for the Board to review and consider. A. Stillman asked Mr. Wren if the shed needed to remain. Mr. Wren stated that the applicants would like the shed to remain. The other Board members stated that they did not have any issues with the shed or further comments with respect to
the plan submitted for the February 13, 2012 meeting.
A Motion was made by R. McCall, seconded by R. McIntyre to CONTINUE Application 12/13-31 C B Robert & Patricia Dolan to the March 13, 2013 Regular Meeting. No discussion and a vote was taken: In favor: R. McCall, A. Stillman, C. Billiau, R. McIntyre, A. Spargo Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
12/13-32 C B Linda Brigante Senkowicz seeks a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change), Par. 24.5.1 (street setback/25’ required/24.73' proposed), Par. 24.5.3 (other property line setback/15’ required/9.67’ proposed), Par. 24.5.3 (other property line setback/15’ required/9.69’ proposed) and ~Par. 24.6.2 (maximum bldg structure coverage/ 20% allowed/27% proposed) of the Zoning Regulations to permit second floor addition to existing dwelling on property located at 23 Neptune Drive
(Knollwood), Map No. 004, Lot No. 201.
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The applicants and their agent, Attorney Gould gave permission to the Board to open the public hearing, take no testimony and continue it to the February 20, 2013 Special Meeting in order to have 5 voting members present.
A Motion was made by R. McCall, seconded by R. McIntyre to CONTINUE Application 12/13-32 C B Linda Brigante Senkowicz to the Special Meeting scheduled for February 20, 2013. There was not a presentation and no testimony was taken. No discussion and a vote was taken: In favor: R. McCall, A. Stillman, C. Billiau, R. McIntyre Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
12/13-33 B Donald and Carla Unwin seek a variance of Par. 10.8.1 and 10.8.2 (expansion of nonconforming structure) and Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/27.5’ required/19’.7” proposed) of the Zoning Regulations to permit expansion of kitchen area, living room, laundry and master bedroom on property located at 21 Sound View-1(Chalker Beach), Map No. 18, Lot No. 123.
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Discussion with respect to the public hearing that closed this evening. The consensus of the Board was to grant the necessary variances. There is no further encroachment into the setbacks and the proposal is consistent with the neighborhood.
A Motion was made by A. Stillman, seconded by R. McIntyre to GRANT Application 12/13-33 B Donald and Carla Unwin. The variances for this property are granted, specifically the narrow street setback and the expansion of a nonconforming structure. The applicant has demonstrated a hardship and the proposal will not encroach any further into the setbacks than already exists. No discussion and a vote was taken: In favor: R. McCall, A. Stillman, C. Billiau, R. McIntyre, A. Spargo Opposed: None
Abstaining: None The motion passed unanimously. 5-0-0
12/13-34 B Janet Antilla seeks a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/ change), Par. 24.5.1 (street setback/30’ required/16.2’existing) and Par. 24.5.3 (other property line setback/15’ required/existing nonconformity to be eliminated) of the Zoning Regulations to permit reconstruction of front porch and add second floor on property located at 11 Hartford Avenue (Saybrook Manor), Map No. 19, Lots No. 156-33 part of 32.
Discussion with respect to the public hearing that closed this evening. The roof is damaged and the applicants are making a substantial improvement to the property by adding a second story. The encroachment into the sideline setback is being reduced. The applicant has agreed to reduce the size of the platform the hot tub sits on by half in order to reduce the coverage. The new coverage percentage is 22.3%.
A Motion was made by A. Stillman, seconded by R. McIntyre to GRANT w/condition Application 12/13-34 B Janet Antilla. The following variances are granted - the front yard setback also the nonconformity enlargement/change and in addition to that the sideline setback which currently is being reduced but there is still going to be a brief encumbrance into the setback as has been demonstrated through the hearing. In addition to that there is also a building structure coverage setback which was not initially listed on the application but was
discussed and reviewed. As a condition of the granting of the variances, the Board requires that the wood platform on which the hot tub sits is to be cut in half and that would ultimately reduce the building structure coverage encumbrance from 24.35% to 22.3%. The current platform is 250 s.f. and will be cut to 125 s.f. No discussion and a vote was taken: In favor: R. McCall, A. Stillman, C. Billiau, R. McIntyre, A. Spargo 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 January 9, 2013 Regular Meeting with the clarification to the Daigle, Application 12/13-28C – 5 Saye Street discussion that 2’ of decking is to be taken off both of the decks on the property in order to reduce the building structure coverage. No further discussion and a vote was taken: In favor: R. McCall, A. Stillman, R. McIntyre, C. Billiau, A. Spargo Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Adjournment: A Motion was made by R. McCall, seconded by A. Spargo to adjourn the February 13, 2013 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, R. McIntyre, A. Stillman, C. Billiau, A. Spargo Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 9:30 p.m.
Rexford McCall, Chairman
Old Saybrook Zoning Board of Appeals
A Special Meeting will be held on Wednesday, February 20, 2013 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.
The next Regular Meeting will be held on Wednesday, March 13, 2013 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.
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