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, May 8, 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.
12/13-47 C – 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.
Discussion with respect to the public hearing that closed this evening. Approximately 20 years ago a house was on this lot but then was moved across the street. It was the intent of the property owner to build on this lot, but had gone by. There are currently DEEP violations on the lot that are in the process of being resolved. The Board discussed that denying construction of a structure on this lot would deem the lot of no value.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT Application 12/13-47 C – Robert A. Chellstorp. The variances are granted to permit construction of a house with a detached garage. The hardship is simply that to deny the right to build a home or any structure on this lot would be to render it completely valueless and the fact that there was previously a home on the lot some years ago with the appropriate approvals from the Town. 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, P. Broadhurst Opposed: None Abstaining: D. Alexander The motion passed. 4-0-1
12/13-49 B Michael Abbott seeks a variance of Par. 10.7.1 and Par. 10.7.2 (nonconformity/ enlargement/change), Par. 24.5.1 (streetline setback/25’ required/23.1’ proposed) and Par. 24.5.3 (other property line setback/15’ required/8.4’ proposed) of the Zoning Regulations to permit expansion of an existing bedroom by adding a 4’ x’ 12’ bump out to existing house on property located at 16 Sound View-2, Map No. 22, Lot No. 111.
Discussion with respect to the public hearing that closed this evening. The Board could not find a hardship for expanding into the side setback. The applicant’s agent stated that there was no other place due to the configuration of the inside of the house for expansion. There is a shed with a covered storage area in a nonconforming location. The Board asked that the shed and storage area be moved to a conforming location in lieu of a hardship.
A Motion was made by A. Stillman, seconded by R. McCall to GRANT w/ condition Application 12/13-49 – Michael Abbott. The variances are granted with the condition, that in lieu of the hardship there is a reduction of an encumbrance with the variance, that is that the covered storage area and existing shed as listed on the survey submitted will be moved to a conforming location, although the Board believes it to be 10’ from the side and 10’ from the rear, the fact is it is to be moved to whatever location which complies with the zone. The applicant will move it as a condition for the granting of the variance. 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
12/13-50 B Valerie Alsante seeks a variance of Par. 10.7.1 and Par. 10.7.2 (nonconformity/ enlargement/change) and Par. 68.1.2(B)9 (tidal wetland setback/50’ required/32’ +/- proposed) of the Zoning Regulations to permit addition of a 532 s.f. open deck to the rear of the house and remove small landing and steps on property located at 35 Cricket Court, Map No. 16, Lot No. 22.
After discussion regarding a hardship needed to grant a variance, the Board asked the applicant’s agent if he would like to continue the public hearing to next month to see if there was a hardship.
A Motion was made by R. McCall, seconded by D. Alexander CONTINUE the Public Hearing on Application 12/13-50 – Valerie Alsante to the June 12, 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
P. Broadhurst left the meeting and A. Spargo was seated in his place for the remainder of the meeting.
12/13-51 B Eleanor Wait seeks a variance of Par. 68.1.2B8 (building setback/minor accessory structure) and Par. 24.5.5 B & C (10’ rear/9.1’ proposed and 10’ other/5.2’ proposed both a decrease of a nonconformity) of the Zoning Regulations to permit replacement of existing 350 s.f., one car garage on property located at 84 Sea Lane (Indiantown), Map No. 19, Lot No. 233.
Discussion with respect to the public hearing that closed this evening. The garage is being moved slightly forward. The house had previously been renovated and the detached garage has sat in a low spot on the property and deteriorated over the years. It has become a safety hazard because it is ready to fall down.
A Motion was made by D. Alexander, seconded by A. Stillman to GRANT Application 12/13-51 – Eleanor Wait. The variances are granted to replace the garage which is in great need of replacement, it has deteriorated and getting ready to fall down. It needs to be replaced. Discussion: R. McCall stated that to raise the grade around it and use pressure treated framing will help. No further discussion and a vote was taken: In favor: R. McCall, D. Alexander, A. Stillman, R. McIntyre, A. Spargo Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
12/13-52 B Mary & John Galiette seek a variance of Par. 10.7.1 and Par. 10.7.2 (nonconformity/enlargement/change), Par. 24.5.1 (streetline setback/25’ required/16.7’ proposed) and Par. 24.6.2 (building/structure coverage/20% allowed/22% proposed) of the Zoning Regulations to permit a new roof portico over front entry door no more than 10’ wide and 10’ off front of house on property located at 527 Maple Avenue (Fenwood), Map No. 5, Lot No. 112.
Discussion with respect to the public hearing that closed this evening. The house is being renovated and due to the placement of the house on the lot, which at one point intrudes into the front setback, a variance is needed for the portico.
A Motion was made by R. McIntyre, seconded by A. Stillman to GRANT Application 12/13-52 – Mary & John Galiette. Granted to permit a new roof portico over the front entry door that is no more than 10’ wide and no more than 8’ off the front of the house. Discussion: R. McCall stated that it is clear that the portico roof would extend no more than 8’ from the front wall, or 7’ from the overhang roofline. The hardship is the property is a corner not and the pie shape makes it difficult as well with the position of the building. No further discussion and a vote was taken: In favor: R. McCall, D. Alexander, A. Stillman, 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 R. McIntyre to approve the Minutes of the March 13, 2013 Regular Meeting as submitted. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, A. Stillman, R. McIntyre, A. Spargo Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
A Motion was made by R. McCall, seconded by A. Stillman to approve the Minutes of the April 10, 2013 Regular Meeting as submitted. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, A. Stillman, R. McIntyre, A. Spargo 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 May 8, 2013 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, A. Stillman, R. McIntyre, A. Spargo Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 8:55 p.m.
Rexford McCall, Chairman
Old Saybrook Zoning Board of Appeals
The next Regular Meeting will be held on Wednesday, June 12, 2013 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.
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