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 Special Meeting that was held on Wednesday, February 20, 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, Dorothy Alexander, Vice Chairman, Adam Stillman, Secretary, Philip Broadhurst, and Robert McIntyre
Present: Christopher Billiau, alternate and Kim Barrows, Clerk
Absent: Carl Garbe, alternate and Alan Spargo, 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.
12/13-32 C – 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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Discussion with respect to the public hearing that closed this evening. Variances had been granted previously for a larger scale project that was never acted on. This proposal is on a smaller scale with renovations to the existing structure and the addition of a second floor.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT Application 12/13-32 C – Linda Brigante Senkowicz. Some of the existing nonconformities are being reduced and making it more conforming to the required regulations. There is no reasonable method to reduce the ground coverage to the required 20%, but the 27% that is proposed is still less than what exists now. The CAM application is approved 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. 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
12/13-35 C – Rosewood, LLC c/o S. Tagliatela seeks a variance of Par. 10.7.1 (reconstruction of nonconforming building), Par. 37.4.B (other property line setback (north)/15’ required/5.8’ for stairwell to 3rd fl/6.8’ for elevator & stairwell from 1st fl to 3rd floor proposed), 37.4.B (other property line setback (south)/15’ required/9.6’ for “airlock” entry on 1st fl/11.6’ for 2nd fl balcony proposed) and Par. 64.5.6A (sign dimensions/3 s.f. maximum allowed/12 s.f. (3x4) proposed) of the Zoning Regulations to permit renovation of structure and upgrading for handicap access on property located at 19 Bridge Street (Saybrook Point), Map No. 24, Lot No. 54.
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Discussion with respect to the public hearing that closed this evening. Wording for several different motions to deny were discussed, said motions never received a second. The lot is irregularly shaped with two sheds and a large structure. The “second shed” is being removed. The portion of the lot with the large structure that is being renovated is long and narrow. The Board discussed relocation of the “airlock” that is proposed to be on the south side of the property. The one issue the majority of the Board has was the placement of the airlock that would protrude into the setback.
A Motion was made by A. Stillman, seconded by P. Broadhurst to GRANT w/conditions Application 12/13-35 C – Rosewood, LLC c/o S. Tagliatela. The condition is that the removal of the storage shed constitutes the legal basis of a hardship because the reduction of an encumbrance can be used in lieu of an actual hardship. The variances requested are granted, particularly 10.7.1 (the reconstruction of a nonconforming building), 37.4.B which is the setback to the north for elevators and stairwells, the setback to the south of 11.6’ for the balcony
on the south and 64.5.6A which is for the sign dimensions for the building. For the record the setback to the south of 9.6’ for the airlock is not being granted. The CAM application is approved 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: D. Alexander asked why granting the sign variance since it is 4 times the size of the permitted sign. A. Stillman felt it is not really that much bigger. It would be consistent with the other signs in the area. No discussion and a vote was taken: In favor: R. McCall, A. Stillman, P. Broadhurst, R. McIntyre Opposed: D. Alexander Abstaining: None The motion passed. 4-1-0
12/13-36 C – GJJM, LLC seeks a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change), Par. 24.5.3 (other property line setback/15’ required/5.08’ proposed), Par. 24.5.3 (other property line setback/15’ required/1.21’ proposed) and ~Par. 24.6.2 (maximum bldg structure coverage/ 20% allowed/24.5% proposed) of the Zoning Regulations to permit renovations to cottage including expanded second floor, reduction in deck and lifting cottage above 14’ flood elevation line on property located at 27 Beach Road West (Chalker Beach), Map No. 012, Lot No. 154.
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The opening of the public hearing has been postponed until the March 13, 2013 Regular Meeting per a letter presented to the Board on February 20, 2013. The applicant will be tearing down and rebuilding the structure and a new legal notice will be published for the March 13th regular meeting.
A Motion was made by R. McCall, seconded by A. Stillman to POSTPONE THE OPENING OF THE PUBLIC HEARING ON Application 12/13-36C – GJJM, LLC until the March 13, 2013 Regular Meeting. 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
C. Billiau, alternate seated; A. Stillman recused himself
12/13-37 – James and Elizabeth Moss 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 – Cottage Rd/30’ required/20.72’ proposed), Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback – Sea Lane/40’ required/15.97’ proposed), Par. 24.6.2 (maximum bldg structure coverage/ 20% allowed/25.2% proposed) and Par. 24.5.3 (other property line setback (south boundary)/15’ required/8.66’ proposed) of the Zoning Regulations to permit renovations to structure, construction of covered front porch and removal of deck on property located at 9 Sea Lane-1 (Cornfield Point), Map No. 003, Lot No. 020.
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Discussion with respect to the public hearing that closed this evening. The applicants had presented another plan with different deck dimensions which lessened the ground coverage percentage. There were no other additions to the property other than interior renovations and siding and windows.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT Application 12/13-37 – James and Elizabeth Moss. The front porch will be 6.5 ½ feet wide with the second proposed plan and 4.7 ½ feet wide on the Cottage Road side (east side) as proposed on the second plan submitted, and that there will be no other changes to the existing home except the front porch and side entry way. The total ground coverage would now be 23.9%. The application is unique is that it is a corner lot with required setbacks from both
Sea Lane and Cottage Road which is sufficient hardship for its approval. 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
12/13-38 – Michael and Carol Hess 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’ Saltaire and 25’ Maple required/4.5’ +/- proposed and 15.1’ to remain) and Par. 24.6.2 (maximum bldg structure coverage/ 20% allowed/21.67% proposed) of the Zoning Regulations to permit removal of existing hatch and deck and construct new 5’x 22’ deck with a 6’x22’ roof on property located at 16 Saltaire Drive, Map No. 003, Lot No. 064.
C. Billiau seated for R. McIntyre
An e-mail was received by the applicants’ agent, George Gates of Gates Light Carpentry, dated February 20, 2013 requesting that, due to illness, the public hearing opening be postponed until the March 13, 2013 Regular meeting.
A Motion was made by R. McCall, seconded by A. Stillman to POSTPONE THE OPENING OF THE PUBLIC HEARING ON Application 12/13-38 – Michael and Carol Hess until the March 13, 2013 Regular Meeting. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, A. Stillman, P. Broadhurst, C. Billiau Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
12/13-39 – Harry P. Amara and Amy Terray seek a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/ change) and Par. 33.6.3 (other property line/15’ required/9.4’ proposed) of the Zoning Regulations to permit renovations/improvements and small addition (22’ x 11’) on property located at 1 Nehantic Trail (Indiantown), Map No. 027, Lot No. 064.
Discussion with respect to the public hearing that closed this evening. The applicant has agreed to move the shed to comply with the Zoning Regulations. The lot is in a B-3 zone which allows 40% coverage, applicants are asking for a small addition which increases the coverage to 22.7%.
A Motion was made by A. Stillman, seconded by R. McCall to GRANT w/condition Application 12/13-39 –Harry P. Amara and Amy Terray. Specifically 33.6.3 for the sideline setback for the building to the south of 9’4” and also 10.7.1 and 10.7.2 for nonconformity enlargement/change. The applicant has demonstrated that by moving the shed into compliance with the zoning laws it reduces an encumbrance, existing rules which is allowed to be used in lieu of a hardship and in which case he has complied and agreed to move that in
compliance with zoning rules and therefore has demonstrated that the house is consistent with the neighborhood and the welfare and nature of Old Saybrook as well. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, A. Stillman, P. Broadhurst, C. Billiau Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Adjournment: A Motion was made by R. McCall, seconded by A. Stillman to adjourn the February 20, 2013 Special Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, A. Stillman, P. Broadhurst, C. Billiau Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 9:55 p.m.
Rexford McCall, Chairman
Old Saybrook Zoning Board of Appeals
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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