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, July 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, Philip Broadhurst, Christopher Billiau, alternate and Robert McIntyre
Present: Alan Spargo, alternate and Kim Barrows, Clerk
Absent: Adam Stillman 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.
12/13-50 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.
Per an e-mail from Ms. Alsante’s representative, Mr. Mark Reeves, dated June 28, 2013, the applicant requests that the matter be withdrawn.
12/13-53 B David K. McNiff seeks a variance of Par. 10.8.3 (nonconforming lots/12,500 s.f. required)/Par. 24.3.1A (minimum lot area in a Res. A District/20,000 s.f. required/8,002 s.f. existing) and Par. 24.5.1 as modified by 68.1.2 B4 (narrow streetline setback/30’ required/12’ proposed) of the Zoning Regulations to permit demolition of existing cottage and detached garage and construction of a Cape style home with attached garage on property located at 2 Fox Lane, Map No. 3, Lot No. 204.
Discussion with respect to the public hearing that closed this evening. The Board stated that the applicant did a great job in reducing the building/structure coverage to be below the 20% allowed. Two of the original variances requested are no longer needed, i.e. building/structure coverage and side setback.
A Motion was made by D. Alexander, seconded by R. McCall to GRANT Application 12/13-53 B David K. McNiff. There is only one slight inconsistency with the regulations which is the setback facing Fox Lane. A great effort has been made to conform with the other regulations. It is a good project and it should be granted. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, R. McIntyre, P. Broadhurst, C. Billiau Opposed: None Abstaining: None The motion
passed unanimously. 5-0-0
13/14-01 - Thomas Kablik & Marjorie Butler seek a variance of Par. 24.6.2 (building/ structure coverage/20% allowed/24.3% proposed) of the Zoning Regulations to permit installation of a 7’ x 10’ garden shed on property located at 38 Sea Crest Road, Map No. 004, Lot No. 248.
Discussion with respect to the public hearing that closed. The building/structure coverage already exceeds the 20% and the addition of a gardening shed [6’x 10’ new proposal] exceeds it even further. R. McIntyre stated that even though it is pre-existing, the charge of the Board is to keep the coverage at or below the 20%. The hardship that was stated is that the lots are small in the area and the shed is in keeping with the surrounding neighborhood.
A Motion was made by R. McCall, seconded by D. Alexander to DENY Application 13/14-01 B Thomas Kablik & Marjorie Butler. The listed hardship is not sufficient enough to increase an existing nonconformity. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, R. McIntyre, P. Broadhurst, C. Billiau Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
13/14-02 - Mark S. Delise seeks a variance of Par. 10.8.3 (nonconforming lots/12,500 s.f. required)/Par. 24.3.1 A (lots in Residence A District/20,000 s.f. required/5,427 s.f. existing), Par. 24.5.1 as modified by 68.1.2 B4 (narrow streetline setback/40’ required/12.5’ proposed), Par. 24.5.2 (rear property line setback/15’ required/4.2’ proposed), Par. 24.6.2 (building/structure coverage/20% allowed/23.2% proposed), Par. 24.3.4 (minimum width along bldg. line/100’ required/less than 100’ proposed) and Par. 24.3.2 (minimum dimension of square/100’ required/less than 100’ proposed) of the Zoning Regulations to permit demolition and construction of a new year-round house on the same footprint which will meet FEMA regulations and codes on property located at 78 Town Beach
Road, Map No. 1, Lot No. 140.
The Board discussed the increase in the building/structure coverage on this property. The house is being demolished and reconstructed so the Board feels that a structure can be designed to maintain the 20% coverage.
A Motion was made by R. McCall, seconded by R. McIntyre to CONTINUE the Public Hearing on Application 13/14-02 B Mark S. Delise to the August 14, 2013 Regular Meeting. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, R. McIntyre, P. Broadhurst, C. Billiau Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
13/14-03 - Michael & Carol Hess seek a variance of Par. 10.7.1 and Par. 10.7.2 (nonconformity enlargement/change), Par. 24.5.1 as modified by 68.1.2 B4 (narrow streetline setback/Saltaire 30’ and Maple 25’ required/6.1’ and 15’1 existing/4.5’+/- and 15.1’ proposed) and Par. 24.6.2 (building/structure coverage/20% allowed/20.63% proposed) of the Zoning Regulations to permit removal of existing deck and construct new 5’ x 18’ deck on property located at 16 Saltaire Drive, Map No. 003, Lot No. 064.
Discussion with respect to the public hearing that closed this evening. The applicant was before the Board on March 13, 2013 and was denied since sufficient hardship was not shown to increase the building/structure coverage. This proposal eliminates the 7’ x 7’ shed, eliminates the previous proposed roof over the deck and the decking has been scaled down. The hardship is that the lot is small and narrow and also needs to conform to three street setbacks which limits the buildable area.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT Application 13/14-03 B Michael & Carol Hess. There is a slight increase in the ground coverage, of less than 1%. The hardship justifies it since it fronts on three roads requiring larger setbacks eliminating those areas to add to the building. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, R. McIntyre, P. Broadhurst, C. Billiau Opposed: None Abstaining: None The motion passed unanimously.
5-0-0
13/14-04 - Antonio J. & Natalina Speranza seek a variance of Par. 10.7.1 and Par. 10.8.2 (nonconformity enlargement) and Par. 68.1.9 (tidal wetland setback/50’ required/28’ proposed) of the Zoning Regulations to permit removal of walkway and patio and replace with an open deck on property located at 45 Club House Lane, Map No. 4, Lot No. 282.
Discussion with respect to the public hearing that closed this evening. The hardship is that the property is surrounded by three narrow road setbacks and a wetlands setback. The blue stone patio is to be removed and other measures are going to be instituted to mitigate stormwater runoff to the marsh, i.e. rain barrels and impervious surfaces.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT Application 13/14-04 B Antonio J. & Natalina Speranza. There will be removal of the current exiting non-permeable surface which presents a threat to the wetlands and will be replaced with a raised deck with permeable surface underneath. By approving this proposal it thereby does a better job of protecting the integrity of the wetlands. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, R. McIntyre, P. Broadhurst, C. Billiau 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 June 12, 2013 Regular Meeting as submitted. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, R. McIntyre, 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 P. Broadhurst to adjourn the July 10, 2013 Regular Meeting of the Zoning Board of Appeals. 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 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, August 14, 2013 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.
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