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Zoning Board of Appeals Motions 11/20/2013
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 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:  Carl VonDassel, Jr., alternate, Alan Spargo, alternate and Kim Barrows, Clerk

Absent:  Chris Billiau, 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.

Applications heard November 20, 2013

13/14-16C Albert Chiulli, seeks variances of 10.7.1 & 10.7.2 (nonconformity enlargement/change); Par. 24.5.3 (other property line setback/15’ required/5’ and 1.21’ proposed), Par. 24.6.2 (maximum building/structure coverage/20% allowed/24% proposed); of the Zoning Regulations to permit a dormer addition on property located at 29 Beach Road West, Map 12/Lot 155.

 There were discrepancies on the Zoning Data Table more specifically the setbacks on the east are going from 2.98’ to 1.48’ and on the west going from 9.23’ to 7.73’.  Which are the same as presented in the previous application.  Also coverage is going from 1,394 to 1,448 s.f.  It appears the table was not updated.  The Board wanted correct figures on the plans before they would consider the matter.

A Motion was made by R. McCall, seconded by R. McIntyre to CONTINUE Application 13/14-16 C B Albert Chiulli to the December 11, 2013 Regular Meeting.  The reason for the continuation is to clear up the discrepancies that appear on the plans presented with respect to setbacks and coverage.  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

13/14-19  Brent O. Gunts, Jr. seeks a variance of Par 24.5.5 B&C (minor accessory  structure, rear property line and other property line setback/10’ required/1’ proposed on north/west side), of the Zoning Regulations to permit the construction of a 48 s.f. utility shed on property located at 29 Fenwick Street, Map 24/Lot 80.

Discussion with respect to the public hearing that closed this evening.  This is a small narrow lot abutting the cemetery in the rear.  The cemetery association does not oppose the placement, but requests that the shed be at least one foot from the property line.  

A Motion was made by R. McCall, seconded by R. McIntyre to GRANT w/condition Application 13/14-19 B Brent O. Gunts, Jr.  The condition is that the applicant is to make provisions to prevent any sediment that might accumulate around the base of the proposed shed not flow onto the neighboring property, i.e. mounding of gravel.  The hardship is the narrowness of the lot and the inability to place the shed in any other area which they need for combustible materials and the like. The shed shall be at least one foot from the property line of the cemetery.   Discussion: the plan did not show distances from the property lines.  No further 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

13/14-21C  NS Properties, LLC seeks a variance of Par. 58.2/58.6 (Riparian Buffer Area/100’ required/43.5’ proposed); Par 68.1.2.B.9 (tidal wetland setback/50’ required/43.5’ proposed) of the Zoning Regulations to permit the construction of a 101 s.f. addition to the kitchen area and a 97 s.f. addition to the living room area on property located at 7 Riverside Avenue, Map 59/Lot 88-5.

Discussion with respect to the public hearing that closed this evening.  The house is almost entirely located in the riparian buffer area.  There is no other practical area to locate the addition since it is an addition to the existing kitchen.  The addition does not go beyond what is already disturbed.  

A Motion was made by A. Stillman, seconded by R. McCall to GRANT Application 13/14-21 C B NS Properties, LLC.  The variances are granted based on the hardship as established by counsel’s testimony and that there is no other applicable place to put the addition.  The Gateway Commission’s recommendation that the applicant does not eliminate or cut any vegetation or destroy any trees to the greatest extent practicable, as well as consider foundation plantings to soften the visual impact from the river become a part of the granting of the variances. The proposal is also consistent with the zoning scheme. 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

13/14-22 Earl F. Monroe, seeks a variance of Par 24.5.1 as modified by 68.1.2.B.4(narrow street setback/30’ required/24.6 proposed) and Par. 10.7.1 & 10.7.2 (nonconformity enlargement/ change) of the Zoning Regulations to permit construction of a 124 s.f. porch on property located at 15 Clearwater Road, Map 3/Lot 84.

Discussion with respect to the public hearing that closed this evening.  The repair is for safety reasons and safe access to and from the house.  The wood deck will be more permeable than the existing concrete slab.

A Motion was made by P. Broadhurst, seconded by D. Alexander to GRANT Application 13/14-22 B Earl F. Monroe.  The hardship is the deterioration of the existing access way into the house and for safety reasons it is being replaced with a safer structure which will afford access to the house.  The new structure will be more permeable and would result in less run off than the existing concrete slab. 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

Adjournment:  A Motion was made by R. McCall, seconded by P. Broadhurst to adjourn the November 13, 2013 Regular Meeting of the Zoning Board of Appeals which was continued to November 20, 2013.  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 9:10 p.m.

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.