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, March 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, Dorothy Alexander, Vice Chairman, Adam Stillman, Secretary, Philip Broadhurst, and Robert McIntyre
Present: Kim Barrows, Clerk
Absent: Christopher Billiau, alternate, 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.
12/13-31 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/11.6’ existing), 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.
A letter from Joe Wren, P.E., Indigo Land Design, LLC, dated March 11, 2013 requesting an extension of the public hearing to the April 10, 2013 regular meeting since the IWWC has not rendered a decision on its pending application.
A Motion was made by R. McCall, seconded by A. Stillman, to continue the public hearing to the April 10, 2013 Regular Meeting per the letter of March 11, 2013 from Joe Wren of Indigo Land Design, LLC. 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
12/13-36 C [Revised] B GJJM, LLC seeks a variance of 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), Par. 24.6.2 (maximum bldg structure coverage/ 20% allowed/24.2% proposed), Par. 24.3.2 (minimum dimension of square/100’ required/40’ existing), Par. 24.3.4 (minimum width along bldg. line/100’ required/11’ existing) and Par. 24.3.1 (lot area/20,000 s.f. required/5,138 s.f. existing) of the Zoning
Regulations to permit tear down of the cottage and construction of new house on substantially the same footprint with reduction in coverage on property located at 27 Beach Road West (Chalker Beach), Map No. 012, Lot No. 154.
Discussion with respect to the public hearing that closed this evening. This is a small lot with not a lot of buildable area. There will be a slight decrease in the encroachments. A. Stillman would like to see further reduction in ground coverage, but in lieu of chopping up the concrete wall, that will not happen. Also by removing the concrete wall it would endanger structure. There was discussion about putting stair access within the existing structure versus outside the structure.
A Motion was made by R. McCall, seconded by D. Alexander to GRANT Application 12/13-36 C – GJJM, LLC. The variances are to reconstruct the two story frame house. The hardship is because of the size of the lot and the required setbacks, if you were to maintain the prescribed setback areas it would be impossible to build a home of liveable proportions on this lot. There is a slight increase in the setbacks, although minor from what existed previously. 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
12/13-38 B 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.
Discussion with respect to the public hearing that closed this evening. There would be a roof constructed over the decking. There would be a slight increase in coverage over the 20%. The Board felt a sufficient hardship had not been given in order to grant the requested variances.
A Motion was made by D. Alexander, seconded by A. Stillman to DENY Application 12/13-38 – Michael and Carol Hess. Sufficient hardship has not been shown and a hardship is needed to grant a variance. 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
12/13-40 C B Irene F. Moore, Trustee 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/12.6’ Cranton St.), Par. 24.5.3 (other property line setback/15’ required/10.1’ to house (north), 6.7’ stairs (north) proposed) and Par. 24.5.3 (other property line setback/15’ required/ 14.2’ to house (east), 10.8’ stairs (east) and 6.2’ deck to east proposed) of the Zoning Regulations to permit
removal of existing dwelling and construction of new 3 bedroom, two story seasonal dwelling to meet 2013 FEMA regulations on property located at 4 Cranton Street (Chalker Beach), Map No. 12, Lot No. 81.
Discussion with respect to the public hearing that closed this evening. The house had been severely damaged from the storm and the dame is well over 50% of the appraised value of the structure so the house needs to meet the new FEMA flood elevation. In elevating the structure to meet the flood elevation stairs are needed to access the structure. In doing this the stairs protrude into the setbacks and necessitate the requested variances.
A Motion was made by R. McCall, seconded by P. Broadhurst to GRANT Application 12/13-40C – Irene F. Moore, Trustee. The hardship is that the building needs reconstruction because it has been damaged over the 50% rule from the storm. It proposes to reduce the nonconformities by increasing the setbacks on all sides. There is more permeability by far for less ground water absorption and it meets the ground coverage of 20% and the living space of 40%. 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
12/13-41 B Scott Sayer seeks a variance of Par. 10.7.1 (nonconformity/change) and Par. 58.6 (Gateway Riparian Buffer/prohibits alteration w/in 100’of Riparian Buffer/alteration of roofline on lower driveway side by approx. 2.5’ and raise water side by approx. 8’ and lower peak 2.5’ proposed) of the Zoning Regulations to permit reconfiguration of garage on property located at 17 Third Avenue (Floral Park), Map No. 58, Lot No. 102.
Discussion with respect to the public hearing that closed this evening. A variance was granted in 2010 but has since expired, this project is the same as the 2010 one. The Connecticut River Gateway Commission did not have an objection to the project but had some recommendations. The roofline is being lowered so the visual impact to the river is minimal.
A Motion was made by A. Stillman, seconded by R. McCall to GRANT Application 12/13-41 – Scott Sayer. The application is granted on the grounds that the applicant has demonstrated basis for hardship and granted basically because this application is identical to the application granted by this Board back in 2010. The Board previously had no discrepancy with this application. The Connecticut River Gateway Commission has no objection with the granting of the variances, however that the recommendations of the Gateway Commission
specifically are that instead of the removal of trees that the most is done is the trimming of tree limbs. And also no construction equipment be moved or placed within the 100 ft. riparian buffer zone. 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
12/13-42 B Michael Petrucelli and Diana M. DiTacchio seek a variance of Par. 10.7.1 and Par. 10.7.2 (nonconformity enlargement/change), Par. 24.5.1 (street setback/25’ required/ 11.4’proposed) and Par. 24.6.2 (maximum bldg structure coverage/ 20% allowed/21.3% proposed) of the
Zoning Regulations to permit enclosure of existing porch/deck and repairs to structure on property located at 107 Nehantic Trail (Indiantown), Map No. 19, Lot Nos. 23 & 322.
Discussion with respect to the public hearing that closed this evening. The house has deteriorated in such a way that renovations are needed to make it usable in any sense and there is no change in the footprint or further encroachments into the setbacks. The zoning regulations require the health, safety and welfare of those in Town. This building needs to be made habitable which currently it is not.
A Motion was made by P. Broadhurst , seconded by R. McCall to GRANT Application 12/13-42 – Michael Petrucelli and Diana M. DiTacchio. The variances are requested are granted due to the hardship of having a house that is currently uninhabitable and in order to render it habitable would be to continue to use this 21.3% coverage. 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
12/13-43 B Robert E. and Susan M. Malton seek a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change) and Par. 23.5.1 as modified by 68.1.2(B)4 (narrow street setback/43.5’ required/4.0’proposed) of the Zoning Regulations to permit expansions which include a front yard porch on North Cove Road and an addition to the rear as well as removing and replacing portion of roof on property located at 24 North Cove Road (North Cove), Map No. 23, Lot No. 15.
Discussion with respect to the public hearing that closed this evening. This is a circa 1700 dwelling. The road was established well after the construction of the house. It is a corner lot and the entire house is within the setbacks. The house is not in the North Cove Historic District.
A Motion was made by D. Alexander, seconded by R. McIntyre to GRANT Application 12/13-43 – Robert E. and Susan M. Malton. The proposed encumbrance on North Cove Road is minimal compared to what already exists and the other proposed addition is before the Board for an expansion of a nonconformity which encroaches on the setback. The hardship, which is very unusual, is the fact that the road was constructed in the position it is in long after the house was built. That is why much of the house is in the now existing setback.
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
12/13-44 B P & G Properties a/k/a “Variety Video” seek a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change), Par. 32.6.3 (setback other property line/10’ required/10” to 2.5” proposed) and Par. 32.6.1 (streetline setback/25’ required/14’ proposed) of the Zoning Regulations to permit construction of a pitched roof (no change in size or use) on property located at 778 Boston Post Road, Map No. 036, Lot No. 117.
Discussion with respect to the public hearing that closed this evening. The safety of the roof is an issue since it is a flat gravel roof with a center pitched drain and then a frame roof over it. The roof was leaking and damaged by the storms. The structure was originally built in 1954. There is no change in footprint or use.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT Application 12/13-44 – P & G Properties a/k/a “Variety Video”. The hardship is the faulty roof construction which has been creating leaks and deteriorating over the years. There is concern over safety for those in the building and therefore the need to replace the roof and change the pitch. 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
12/13-45 C B Norman B. and Rosita Bilodeau seek a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change) and Par. 68.1.2.B.9 (Tidal Wetlands setback/50’ required/19’ proposed to the north/36’ proposed to the east and 38’ proposed to the south) of the Zoning Regulations to permit construction of an 8’ x 30’ deck on the rear of the property located at 130 Plum Bank Road, Map No. 002, Lot No. 051.
Discussion with respect to the public hearing that closed this evening. This is a 10,000 sq. ft. lot, the deck meets all setbacks except for the wetlands setback. The entire house is within the wetland setback and creates a unique hardship.
A Motion was made by A. Stillman, seconded by R. McIntyre to GRANT Application 12/13-45C – Norman B. and Rosita Bilodeau. The applicant has demonstrated hardship in that the existing zoning regulations create an impossibility of construction of anything of any kind in the coastal area. The DEEP has no objection, and 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, i.e. soil and erosion control measures will be in place. 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
Municipal Coastal Site Plan Review for Application 12/13-20 C B Donald J. and Carol S. Carver to permit construction of a two story, 3 bedroom dwelling (vacant lot) on property located at South Cove Road-1 (Knollwood), Map No. 4, Lot No. 278. Variances were granted at the November 14, 2012 meeting but the CAM was not approved because the DEEP had concerns about the amount of fill close to and below the noted elevation 3.0 on the plans submitted which depicted grading and filling. The DEEP stated that any work waterward of
elevation 2.9 NAVD would require permits from the Permit Section of the Department of Energy and Environmental Protection.
A Motion was made by R. McCall, seconded by R. McIntyre to APPROVE the CAM application which originally accompanied the ZBA Application 12/13-20 C B Donald J. and Carol S. Carver for South Cove Road-1 and had been denied. The conditions asked for by the DEEP, Marcy Balint, have now been addressed and a site plan has been submitted to meet with their approval. The conditions [as proposed in the e-mail from Marcy Balint to Chris Costa dated March 13, 2013], that care be taken to provide and monitor adequate sedimentation and
erosion control measures and that a minimum ten foot wide vegetated area above the edge of the Coastal Jurisdiction Line (CJL) which help prevent nutrients, fertilizers, and sedimentation from adversely impacting the wetlands and water quality immediately waterward. 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
Minutes: A Motion was made by A. Stillman, seconded by R. McIntyre to approve the Minutes of the February 20, 2013 Special Meeting with the clarification to the Rosewood LLC discussion with respect to D. Alexander’s comments. Ms. Alexander was much firmer in what she had to say and the record should reflect what she said. D. Alexander went on to state “what I said was that the property was bought some years ago and hasn’t gotten any smaller since they bought it and in my view there’s no hardship and if there is one at all it’s a self created one.” No further discussion and a vote was taken: In favor: R. McCall, A. Stillman, R. McIntyre, D. Alexander Opposed: None Abstaining: None The motion passed
unanimously. 4-0-0
Minutes: A Motion was made by R. McCall, seconded by R. McIntyre to approve the Minutes of the February 13, 2013 Regular Meeting as submitted. No discussion and a vote was taken: In favor: R. McCall, A. Stillman, R. McIntyre Opposed: None Abstaining: None The motion passed unanimously. 3-0-0
Adjournment: A Motion was made by R. McCall, seconded by A. Stillman to adjourn the March 13, 2013 Regular Meeting of the Zoning Board of Appeals. 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 The meeting was adjourned at 10:35 p.m.
Rexford McCall, Chairman
Old Saybrook Zoning Board of Appeals
The next Regular Meeting will be held on Wednesday, April 10, 2013 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.
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