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, August 14, 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: Alan Spargo, alternate (seated for Application 13/14-02 Delise) and Kim Barrows, Clerk
Absent: Christopher Billiau, alternate 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.
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/21.8% 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.
Discussion with respect to the public hearing that closed this evening. This hearing was continued from last month so that the applicant could reduce the building/structure coverage to better conform to the 20% allowed. The applicant has shortened the balcony on both sides, the overhang on the Bronson side has been removed and all other overhangs on the house have been made 4” smaller than what was originally proposed. Also one foot was taken off the front of the house. The existing coverage was 22.1%, 23.2% was proposed last month and the new proposal is 21.8%. The property also has to meet two narrow street setbacks which makes the situation unique.
A Motion was made by A. Spargo, seconded by R. McCall to GRANT Application 13/14-02 B Mark S. Delise as per the plans submitted. The petitioner conformed to the previous discussion of the Board by reducing some of the nonconformities. Discussion: R. McCall stated they are decreasing nonconformities slightly and the property abuts two different streets. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, R. McIntyre, A. Spargo Opposed: P. Broadhurst Abstaining: None The motion passed. 4-1-0
13/14-05 – Julia A. Zawacki seeks a variance of Par. 24.5.3 (other property line setback/15’ required/10.2’ proposed on both north and south side), Par 24.6.2 (maximum building/structure coverage/20% allowed/30% proposed), Par 10.7.1 & 10.7.2 (nonconformity enlargement/change), Par 68.1.2.B.4 (narrow street/30’ required/25.2’ proposed) of the Zoning Regulations to permit removal of 3 season room and addition of 205 s.f. on property located at 3 Fenwood Parkway, Map No. 9, Lot No. 32.
Discussion with respect to the public hearing that closed this evening. The applicants are reconfiguring the inside of the existing structure to make it handicap accessible. The addition of a 3’ bump-out is minimal. Existing coverage is 29.9%, increasing .1%, but will reduce the overhang on the shed from 4.1’ to 1.5’ which will decrease the coverage to a little less that what currently exists. The three season sunroom has been sacrificed to make the improvements. There is a Federal Law which gives an exception to the rule of thumb that variances be related to the unique conditions of the land if the variance being sought is requesting a “reasonable accommodation”. Under the Federal Housing Act or the Americans with Disability Act, a variance may be required
to be granted by the Zoning Board of Appeals, in such instance the variance for a reasonable accommodation to assist a specific person the Federal Law is meant to benefit.
A Motion was made by A. Stillman, seconded by R. McIntyre to GRANT Application 13/14-05 B Julia A. Zawacki as presented with one exception. The proposal is within the common scheme of the neighborhood and enhances the community. In lieu of a hardship the applicant is making a reduction in an existing nonconformity. The one modification is the overhang on the west side [rear] of the shed which currently is 4.1’ and will be reduced to 1.5’, making it closer to what is on the other side of the shed. No discussion
and a vote was taken: In favor: R. McCall, D. Alexander, R. McIntyre, P. Broadhurst, A. Stillman Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
13/14-06 – Lex Limited Enterprises, LLC seeks a variance of Par. 26.3.1(minimum lot area/87,120 s.f. required/86,275.11 s.f. proposed) of the Zoning Regulations to permit subdivision of 173,401 s.f. (3.98 acres) to two building lots of 87,126 s.f. (2 acres) and 86,275 s.f. (1.98 acres) on property located at 23 Otter Cove Drive, Map No. 64, Lot No. 14.
A letter from Lex Limited Enterprises, LLC dated August 14, 2013 was presented to the Board at the meeting requesting that the opening of the public hearing be postponed until the September 11, 2013 Regular meeting.
13/14-07C – Laura & Alfred Chiulli seek variances of Par. 24.5.3 (other property line setback/15’ required/5’ and 1.21’ (over property line) proposed), Par. 24.6.2 (maximum building/ structure coverage/20% allowed/24% proposed); Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change) of the Zoning Regulations to permit a dormer addition on property located at 29 Beach Road West, Map 12/Lot 155.
After opening the public hearing, the Board felt that the plans presented did not depict what the applicant was describing during his presentation. Therefore, the Board asked the applicant to prepare new plans that show exactly what is to be built. A portion of the house intrudes into the setback of the neighbor. The Board and the neighbor want to be assured that there is no further building on that side.
A Motion was made by A. Stillman, seconded by R. McIntyre to CONTINUE Application 13/14-07C B Laura & Alfred Chiulli to the September 11, 2013 Regular Meeting in order to present the Board with proper documentation as to what is to be built. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, R. McIntyre, P. Broadhurst, A. Stillman Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
13/14-08C – Kathleen M. Oullette Et Al & Peggy Neal seek a variance of Par. 24.5.1 as modified by 68.1.2.B4 (narrow street line setback/30’ required/13.1’ proposed); Par 10.8.2 & 10.8.3 (nonconformity lots/lot size, 12,500); Par 24.5.3(other property line setback/15’ required/ 7.8’ proposed); Par 24.6.2 (maximum building/structure coverage/20% allowed/21.7% proposed) of the Zoning Regulations to permit demolition and construction of a new house which will meet FEMA regulations and codes on property located at 39 Owaneco Trail, Map No. 13, Lot No. 41.
Discussion with respect to the public hearing that closed this evening. The applicant has made an effort to make it more conforming by taking down the sentimental shed and only making the deck 5’ x 17’. There will be no exterior stairs to enter the house, they will be in the interior. The structure will meet all applicable codes.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT Application 13/14-08C B Kathleen M. Oullette Et Al & Peggy Neal. The Coastal Site Plan Review Application for this appeal is approved because it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impacts. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, R. McIntyre, P. Broadhurst, A. Stillman 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 July 10, 2013 Regular Meeting as presented. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, R. McIntyre, P. Broadhurst, A. Stilllman Opposed: None Abstaining: None The motion passed. 5-0-0
Adjournment: A Motion was made by R. McCall, seconded by R. McIntyre to adjourn the August 14, 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, A. Stillman Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 10:00 p.m.
Rexford McCall, Chairman
Old Saybrook Zoning Board of Appeals
The next Regular Meeting will be held on Wednesday, September 11, 2013 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.
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