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, September 11, 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, Adam Stillman, Secretary, Philip Broadhurst , Robert McIntyre and Alan Spargo, alternate
Present: Kim Barrows, Clerk
Absent: Dorothy Alexander, Vice Chairman, 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.
13/14-06 – 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 Robert Reardon, Jr. of Lex Limited Enterprises, LLC dated September 11, 2013 stating “please consider application withdrawn” and it will be re-filed at a later date. The application was officially withdrawn.
13/14-10 David Mancuso, seeks a variance of Par. 24.5.1 as modified by 68.1.2.B4 (narrow street line setback/33.5’ required/28.25’ proposed); and Par 24.5.3(other property line setback/15’ required/9.68’ proposed on north side) of the Zoning Regulations to permit a two-car attached garage addition on property located at 12 Quarry Street, Map 29/Lot 41.
Discussion with respect to the public hearing that closed this evening. The Board discussed hardship for the granting of the variances. The applicant is moving the existing shed to be in conformance with the Zoning Regulations which can be used in lieu of a hardship by making something on the property more conforming. The granting of this variance is within the intent of zoning.
A Motion was made by A. Stillman, seconded by R. McIntyre to GRANT Application 13/14-10 B David Mancuso. The variances granted are specifically Sections 24.5.3 side setback, 24.5.1 narrow street setback and 10.7.1 and 10.7.2 enlargement/change of existing structure. The condition is that the applicant will be move the frame shed on the northeast side of the property to conform to the standards and that will be used in lieu of a hardship to satisfy the hardship requirement. The plan does not offend the community sensibility or
the Town’s building and zoning plan and otherwise complies with all reasonable standards that are required in Old Saybrook. No discussion and a vote was taken: In favor: R. McCall, R. McIntyre, P. Broadhurst, A. Stillman, A. Spargo Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
13/14-11 Linda F. Bailey, seeks a variance of Par 10.7.1 & 10.7.2 (nonconformity enlargement/change); Par. 24.5.1 as modified by 68.1.2.B4 (narrow street line setback/35’ required/23.2’ proposed) of the Zoning Regulations to permit elevation of existing seasonal dwelling to comply with FEMA Regulations and Codes and to construct of a deck and stairs on property located at 5 Cranton Street, Map 012/Lot 067.
Discussion with respect to the public hearing that closed this evening. The house is being elevated to meet FEMA requirements and a new septic is being installed. The original house had a patio and the deck is replacing the patio since the house is elevated.
A Motion was made by R. McCall, seconded by P. Broadhurst to GRANT Application 13/14-11 B Linda F. Baliey. The hardship is that the applicant wants to prevent the home from being potentially damaged by any future storms, so they are elevating the structure to meet FEMA standards without changing the setbacks from either the rear or the sidelines. But the proposed deck would be raised which otherwise would be on ground level and subject to flooding and difficult to use without constant stair climbing. No discussion and a vote was
taken: In favor: R. McCall, R. McIntyre, P. Broadhurst, A. Stillman, A. Spargo Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
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.
Mr. & Mrs. Chiulli were not present to grant an extension and also had not submitted new plans that reflected what they proposed at the meeting last month. Because of this, the Board had to deny their application.
A Motion was made by R. McCall, seconded by R. McIntyre to DENY Application 13/14-07C B Laura & Alfred Chiulli. The application is being denied due to lack of information requested from the applicant. No discussion and a vote was taken: In favor: R. McCall, R. McIntyre, P. Broadhurst, A. Stillman, 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 August 14, 2013 Regular Meeting with the following correction: change “now” to “not” on Page 1, Paragraph . No discussion and a vote was taken: In favor: R. McCall, R. McIntyre, P. Broadhurst, A. Stilllman, A. Spargo Opposed: None Abstaining: None The motion passed. 5-0-0
A Motion was made by R. McCall, seconded by R. McIntyre to CONTINUE THE SEPTEMBER 11, 2013 REGULAR MEETING TO WEDNESDAY, SEPTEMBER 18, 2013 at 7:30 p.m. Town Hall, First Floor Conference Room, 302 Main Street, Old Saybrook to hear the remaining applications: 13/14-12 Charles & Ann Serravalle, 10 Uncas Trail; 13/14-13C Mary Worthen, 330 Watrous Point Road and 13/14-14 Melissa V. Peck, 19 Beach Road East. No discussion and a vote was taken: In favor: R. McCall, R. McIntyre, P. Broadhurst, A. Stilllman, A. Spargo Opposed: None Abstaining: None The motion passed. 5-0-0 This portion of the meeting ended at 8:15 p.m.
Rexford McCall, Chairman
Old Saybrook Zoning Board of Appeals
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