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, December 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, Dorothy Alexander, Vice Chairman, Adam Stillman, Secretary, Philip Broadhurst and Robert McIntyre
Present: Carl VonDassel, alternate, Alan Spargo, alternate (arrived at 7:35 p.m.) 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.
13/14-16C Alfred 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
Discussion with respect to the public hearing that closed this evening. There was discussion about the roof on the second floor and how it added to the mass of the house. The proposed roof over the second floor deck is not a zoning violation. R. McIntyre thought that this was a different approach to the aesthetics of the house. A. Stillman felt it added mass and when looking down the beach the deck roof looks like an extension of the house into the setback. D. Alexander agrees with the “mass”, but what the ZBA is charged with ruling on is the request for variances and the roof doesn’t come into the purview at this hearing.
A Motion was made by R. McCall, seconded by D. Alexander to GRANT Application 13/14-16 C – Alfred Chiulli. The request for variances are granted as proposed. There is no increase in ground coverage, no further encroachment into the setback and the footprint stays the same. There is support from the next door neighbor. The hardship is that the lot is so small that any expansion is limited and the design enhances the overall appearance of the structure. 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 Opposed: A. Stillman Abstaining:
None The motion passed. 4-1-0
A. Stillman left the meeting at 7:55 p.m. A. Spargo was seated for the next hearing
13/14-24 Andre L. & Gail A. Laferriere, seek a variance of Par. 10.7.1 & 10.7.2 (nonconformity enlargement/change); Par 24.5.3 (other property line setback/15’ required/10.76’ proposed on north side); Par. 24.6.2 (maximum building/structure coverage/20% allowed/23.1% proposed) of the Zoning Regulations to permit construction of a 280 s.f. family room/sunroom on property located at 10 Fenwood Parkway, Map 009/Lot 28.
Discussion with respect to the public hearing that closed this evening. The coverage already exceeds the 20% allowed. It is currently 21.3% and will go up an additional 1.8% with the addition. The applicant did not show sufficient hardship for the increase in maximum building/structure coverage. It is the charge of the Board, if the percentage already exceeds the allowable coverage, to not grant variances to exceed the percentage further.
A Motion was made by D. Alexander, seconded by R. McIntyre to DENY Application 13/14-24 Andre L. & Gail A. Laferriere. The application is denied for the simple reason that there is nothing that even approaches a hardship. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, R. McIntyre, P. Broadhurst, A. Spargo Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
C. VonDassel, alternate replaced A. Spargo, alternate for this application
13/14-26C Shoreline Investment Properties, LLC, seek a variance of Par 10.8.2 & 10.8.3 (non-conforming lot size/12,500 s.f. required/9,919 s.f. proposed) and Par 24.5.2 (rear yard property line setback/15’ required/13.4’ proposed on west side) of the Zoning Regulations to permit the demolition of the existing house which is located within the FEMA Flood Zone AE 11 and construction of a 1,960 s.f. house which will be repositioned outside of the FEMA Flood Zone AE 11 on property located at 7 Hartford Avenue, Map 019/Lot 157.
Discussion with respect to the public hearing that closed this evening. This is a double lot and the existing house is completely within the flood zone. The proposal is to move the house to the rear of the lot so that it will be entirely out of the flood zone. The septic will be upgraded. The structure only encroaches into the rear setback because of the two stairs, the house itself meets the 15’ setback. The existing shed is being removed.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT Application 13/14-26 C - Shoreline Investment Properties, LLC. The variances are granted as presented. Much improvement over what exists currently and there is a lessening in the projections into the setbacks. The septic system is being upgraded. It is a plus that the whole construction is away from the flood zone. There is a reduction in the existing nonconformities with the removal of the garage/shed. The house itself meets the rear setback except for the two stairs. It 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, C. VonDassel Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
A. Spargo, alternate seated for the remainder of the meeting
13/14-25C Raymond & Andrea Southland, seek a variance of Par. 10.7.1 & 10.7.2 (nonconformity enlargement/change); Par 24.5.3 (other property line setback/15’ required/6.5’ (deck) and 7.4’ (house) proposed on west side); Par 24.5.3 (other property line setback/15’ required/4.9’ (deck & house) proposed on east side); Par 24.5.1 (front yard setback/25’ required/6.9’ proposed); and Par. 24.6.2 (maximum building/structure coverage/20% allowed/32.7% proposed) of the Zoning Regulations to permit the elevation of existing seasonal dwelling to comply with FEMA Regulations and Codes and to construct a second story addition and first floor additions for conversion to a year-round dwelling on property located at 43 Beach Road West, Map 12/Lot 162.
Discussion with respect to the public hearing that closed this evening. There is a reduction in nonconformities. The structure is being elevated to meet FEMA and the septic is new. The property is going from seasonal to year round. The coverage is going from 34.9% to 32.7%.
A Motion was made by R. McIntyre, seconded by A. Spargo to GRANT Application 13/14-25 C - Raymond & Andrea Southland. The variances are granted as requested. They are granted based on the fact that they reduced nonconformities such as taking a deck that was on the property line and moving it off the property line in two locations, a new septic system and the structure will be FEMA compliant. 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. Spargo Opposed: None Abstaining: None The motion passed unanimously.
5-0-0
New Business: Election of Officers tabled to next month
Minutes: A Motion was made by R. McCall, seconded by R. McIntyre to approve the Minutes of the November 13, 2013 Regular Meeting which was continued to November 20, 2013 as submitted. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, R. McIntyre, P. Broadhurst, A. Spargo Opposed: None Abstaining: None The motion passed. 5-0-0
Adjournment: A Motion was made by R. McCall, seconded by A. Spargo to adjourn the December 11, 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. Spargo Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 9:05 p.m.
Rexford McCall, Chairman
Old Saybrook Zoning Board of Appeals
The next Regular Meeting will be held on Wednesday, January 8, 2014 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.
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