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 Regular Meeting that was held on Wednesday, April 10, 2013 at 7:34 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, Alan Spargo, alternate 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 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.
Seated for this application were the following members: R. McCall, A. Stilllman, R. McIntyre, C. Billiau, A. Spargo
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.
Discussion with respect to the public hearing that closed this evening. The matter had been continued from the February 13, 2013 Regular Meeting since the project was awaiting Inland Wetlands and Watercourses approval [permit no. P13-001 issued March 21 2013, expires March 21, 2015]. The existing shed will be moved to underneath the house when it is raised to meet the flood elevation. The proposal is an improvement over what exists now.
A Motion was made by R. McCall, seconded by A. Stillman to GRANT Application 12/13-31 C – Robert & Patricia Dolan. In that there are several setbacks which are encroachments which are being improved, the only encroachment on the 50’ tidal wetlands is a slight bit of fill to make it an improvement for the new septic system, and the house will be raised in accordance with the FEM A standards to make it safer for any flooding in the future, the new septic system alone is worthy of some merit. 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, A. Stillman, R. McIntyre, C. Billiau, A. Spargo Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Regular Members seated for the remainder of the meeting.
12/13-46 C B Donald and Judy Carten seek a variance of Par. 10.7.1 (nonconformity/change), Par. 24.5.3 (other property line setback/15’ required/7.4’ proposed) and Par. 24.5.3 (other property line setback/15’ required/7.8’ proposed) of the Zoning Regulations to permit the following additions - an entry foyer/air lock, a covered deck at entry and a second floor open deck above existing first floor deck on property located at 5 West Shore Drive (Cornfield Point), Map No. 001, Lot No. 148.
Discussion with respect to the public hearing that closed this evening. A. Stillman stated that despite the fact that the second floor deck is there it is a good design. It was stated that the deck was not built prior to the variance application being filed. This is a small lot with a modest house design that will improve the neighborhood.
A Motion was made by A. Stillman, seconded by R. McIntyre to GRANT Application 12/13-46 C – Donald and Judy Carten. The variances are granted, the applicant has demonstrated or documented that the application with the existing zoning rules would present tremendous hardship because it is not practical to build a property there to comply with the rules all together, therefore that creates the hardship or removes the hardship that is otherwise required. That the property is consistent with the zoning scheme or plan for the neighborhood
and that the property is consistent with all other properties in the neighborhood. 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, R. McIntyre, P. Broadhurst Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
12/13-47 C B Robert A. Chellstorp seeks a variance of Par. 68.1.2(B)9 (tidal wetland setback/50’ required/28.8’ proposed from the house) of the Zoning Regulations to permit construction of a house with a detached garage and demolition of existing shed on property located at 137 Nehantic Trail (Indian Town Association), Map No. 19, Lot No. 12.
A letter dated April 10, 2013 from the applicant’s agent, Gregg Fedus of Fedus Engineering, requesting that the public hearing opening be postponed until the next meeting which is May 8, 2013.
A Motion was made by R. McCall, seconded by P. Broadhurst to POSTPONE the opening of the public hearing on Application 12/13-47 C – Robert A. Chellstorp until the May 8, 2013 Regular Meeting. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, A. Stillman, R. McIntyre, P. Broadhurst Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
12/13-48 C B Brian and Shannon Lapierre seek a variance of Par. 10.8.3 (lot area/12,500 s.f. required/5,000 s.f. existing), Par. 24.3.2 (minimum dimension of square/100’ required/N/S – 50’ proposed), Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/30’ required/ 14.5’proposed) and Par. 24.5.2 (rear setback/15’ required/11.4’ proposed) of the Zoning Regulations to permit demolition of existing structure and construction of new structure meeting the FEMA regulations and other applicable
codes on property located at 3 Pelser Avenue (Chalker Beach), Map No. 18, Lot Nos. 55,51, 52.
Discussion with respect to the public hearing that closed this evening. The lot is a long narrow lot making it hard to meet all of the zoning requirements. With the new construction many of the existing nonconformities will be reduced or eliminated. This house will be a year-round dwelling and a new septic system is proposed.
A Motion was made by P. Broadhurst, seconded by R. McCall to GRANT Application 12/13-48 C – Brian and Shannon Lapierre. The variances requested are to be granted. Essentially the hardship arises out of the strict application of the Zoning Regulations that would result in a buildable lot that is only five feet by seventy feet and is hard to replace something similar to what the owner had. The variances are necessary. The improvements on the setbacks are the streetline, rear property and other property line setbacks
which are all improved with the new structure. 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, R. McIntyre, P. Broadhurst 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 Regular Meeting as submitted. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, A. Stillman, R. McIntyre, P. Broadhurst Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Adjournment: A Motion was made by R. McCall, seconded by D. Alexander to adjourn the April 10, 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 9:05 p.m.
Rexford McCall, Chairman
Old Saybrook Zoning Board of Appeals
The next Regular Meeting will be held on Wednesday, May 8, 2013 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.
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