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, November 13, 2013 at 7:30 p.m. at the Town Hall, First Floor Conference Room, 302 Main Street, and will be continued to Wednesday, November 20, 2013 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: Chris Costa, Zoning Enforcement Officer, Alan Spargo, alternate and Kim Barrows, Clerk
Absent: two vacancies
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.
13/14-17 Jason R. Cataldo, seeks a variance of Par. 10.7.1 & 10.7.2 (nonconformity enlargement/change); and Par 24.5.3 (other property line setback/15’ required/12’ proposed on south side); of the Zoning Regulations to permit the conversion of an existing rear deck (187 s.f.) to an enclosed three-season room (213 s.f.) on property located at 81 Hartford Avenue, Map 13/Lot 90
Discussion with respect to the public hearing that closed this evening. The existing shed on the property is to be demolished. The coverage is not increasing. No further encroachment into the setback than already exists.
A Motion was made by A. Stillman, seconded by R. McIntyre to GRANT Application 13/14-17 -Jason R. Cataldo. The variances are granted as per requested specifically the two which are Par. 24.5.3, sideyard yard setback and 10.7.1/10.7/2 which is the expansion of a nonconformity. The applicant, through his attorney, has represented that he is basically asking for setbacks which are consistent with the properties in the neighborhood. It is an existing nonconforming building and among other things one he is reducing any nonconformities abolishing any encumbrances with the shed in addition to that his attorney has said that implementation of the residence A District regulations on the nonconforming lot and the nonconforming location of the house and the deck cannot be overcome, the house itself is
not further impeded into the setback and it does not otherwise violate any square footage or ground coverage issues. 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
13/14-18 Priscilla Allen & Henry Wood seek a variance of Par. 10.7.1 & 10.7.2 (nonconformity enlargement/change); and Par 22.5.3 (other property line setback/20’ required/19.4’ proposed on the south side), of the Zoning Regulations to permit the construction of a 294 s.f. covered front porch on property located at 31 Obed Heights Road, Map 58/Lot39-A.
Discussion with respect to the public hearing that closed this evening. The addition of the front porch encroaches about 8” into the setback. The house position on the lot is slightly out of line. The applicant is willing to make the ramp conform to the setback. The proposal is in harmony with the neighborhood.
A Motion was made by A. Stillman, seconded by R. McIntyre to GRANT Application 13/14-18 - Priscilla Allen & Henry Wood. The variances are granted as requested under the condition that the applicant had agreed to scale down by a foot and locate inside the building setback lines the ramp which is on the southeast side of the building attached to the southern most deck of the building. As such, the reduction of that encumbrance into that setback would constitute a hardship necessary to grant the variance for the building of the porch into the sideline setback. 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
13/14-23C -Kevin J. Hecht, seeks a variance of Par 10.8.2 & 10.8.3 (non-conforming lot size/12,500 s.f. required/9,420 s.f. proposed); Par. 24.5.3 (other property line setback/15’ required/4’ to house & 5’ to deck proposed on the north side and 7.8’ to house & 1.1’ to deck proposed on the south side) of the Zoning Regulations to permit the construction of a 2,748 s.f. dwelling on property located at 85 Hartford Avenue, Map 13/Lot 88.
Discussion with respect to the public hearing that closed this evening. The house has been damaged by the past storms. A new code compliant septic system will be installed. Coverage has been reduced to 19.8%. The existing pavement in the front of the structure is to be removed to create more pervious surface for drainage.
A Motion was made by R. McCall, seconded by D. Alexander to GRANT Application 13/14-23 C - Kevin J. Hecht for construction of a new dwelling. There is a slight diminution of nonconformities with respect to the setbacks, there is a brand new septic system proposed and there is no objection offered from the DEEP even though it is waterfront property. There is more pervious ground surface by removing the bituminous in front of the home on Hartford Avenue. The existing shed is to be removed. The main limitation is the narrowness of the lot severely limiting any structure that would be impossible to be built in conformity with the Zoning Regulations. The Coastal Site Plan Review Application is approved as well 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
13/14-20C - The Point, LLC (Dock n Dine) seeks a variance of Par 37.2.3 (frontage SP-2 District/50’ required/36.03’ proposed); Par 58.2 (riparian buffer area/100’ required/0’ proposed); Par 58.6 (setback-Gateway Conservation Zone/no construction of building within 100’ of high tide line of CT River allowed/structure within 100’; Par 58.7 (height-Gateway Conservation Zone/35’ allowed/42’ proposed); Par 63.4.1 (landscaping perimeter buffer width/10’ required/1.4’ North side; 2.6’ West side, 2.5’ South side proposed); Par 63.4.2 (landscaping buffers/1 Evergreen Tree per 10’ of parking lot perimeter- lot lines/75 required/7 proposed); Par 63.5.1 (cumulative area-interior parking lot landscaping/1 landscaped interior island per 10
spaces (13) and 20 s.f. of interior landscaping per space (2,540 s.f..) required/8 interior islands and total of 2,462 s.f. of interior landscaping proposed); Par 68.1.2B9 (tidal wetlands setback/50’ required/33’ proposed) of the Zoning Regulations to permit the demolition of existing and construction of a 13,530 s.f. restaurant on property located at 145 College Street , Map 24/Lot 42-1.
Discussion with respect to the public hearing that closed this evening. A new FEMA code compliant structure will be constructed. The Gateway Commission had no opposition to the new structure and its height which exceeds the 35’ allowed in the zone. There will now be waterfront access and a reduction in the impervious surface at the site of approximately a quarter of an acre. There is Health District approval. D. Alexander stressed that the height requirement of 35’ in the Gateway Zone should not be varied and the 42’ proposed could be reduced by changing the roof lines. There is a strong public preference for maintaining the 35’ height requirement. The consensus of the Board stated that D. Alexander had a valid point but the existing elevation of the
structure at 4.5’ and the elevation 15’ plus 1’ to meet FEMA was a hardship.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT Application 13/14-20 C - The Point, LLC (Dock n Dine). The building area and the shape of the lot is unique and creates an exceptional difficulty. It is an unusual hardship due to the property location and its proximity to adjacent tidal wetlands and the Connecticut River. It has many recommendations and improvements for the whole area, i.e. the walkway between the two parks would be a part of this project, there is a decrease in lot coverage by 10% and an increase in landscaping and parking, septic approval, an increase in pervious area and a new building. There is approval from the Gateway Commission and the Architectural Review Board. There need to be variances from the Gateway regulation, landscaping and tidal
wetlands setback. There are many pluses. The Coastal Site Plan Review Application is approved as well 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, R. McIntyre, P. Broadhurst, A. Stillman Opposed: D. Alexander Abstaining: None The motion passed. 4-1-0
Minutes: A Motion was made by R. McCall, seconded by R. McIntyre to approve the Minutes of the October 9, 2013 Regular Meeting as submitted. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, R. McIntyre Opposed: None Abstaining: P. Broadhurst, A. Stilllman The motion passed. 3-0-2
Motion to Continue the November 13, 2013 Regular Meeting: A Motion was made by R. McCall, seconded by D. Alexander to CONTINUE the November 13, 2013 Regular Meeting of the Zoning Board of Appeals to Wednesday, November 20, 2013 at 7:30 p.m. First Floor Conference Room, Town Hall, 302 Main Street. 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 November 13, 2013 meeting ended at 10:10 p.m. Meeting continued to Wednesday, November 20, 2013.
Rexford McCall, Chairman
Old Saybrook Zoning Board of Appeals
The next Regular Meeting will be held on Wednesday, December 11, 2013 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.
| 
