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Zoning Board of Appeals Minutes 01/08/2014
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, January 8, 2014  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, Chris Billiau, alternate and Robert McIntyre

Present:  Alan Spargo, alternate (arrived at 7:35p.m.), Carl VonDassel, Jr., alternate  and Kim Barrows, Clerk

Absent:  Philip Broadhurst

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.

13/14-27 Marsha G. Finkeldey, seeks a variance of Par 10.7.1 & 10.7.2 (nonconformity enlargement/change); Par 24.5.3 (other property line setback/15’ required/11.2’ proposed on west side); Par. 24.6.2 (maximum building/structure coverage/20% allowed/20.6% proposed) of the Zoning Regulations to permit construction of a 136 s.f. addition on property located at 22 Shepard Street, Map 22/Lot 254.

Discussion with respect to the public hearing that closed this evening.  The proposal is to square up the rear of the house to enlarge the existing bath and bedroom.  There are two sheds on the property and the shed noted “Shed 2” on the survey is being removed.  There will be no further encroachment in to the setback with the addition.

A Motion was made by D. Alexander, seconded by A. Stillman to GRANT w/conditions Application 13/14-27 – Marsha G. Finkeldey, for the addition to the house as indicated on the plan dated December 9, 2013 with the condition that Shed number 2, as noted on the plan, be removed.  Further, since the same appellant was asked to move the shed off the neighbors property the last time a variance was granted and didn’t, a condition that the shed be removed before a permit is issued for the construction of the addition and verification by inspection of the Zoning Enforcement Officer.  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

13/14-28 Robert A Klein, seeks a variance of Par 10.7.1 & 10.7.2 (nonconformity enlargement/change); Par 24.5.1 as modified by 68.1.2.B.4 (narrow street setback/35’ required/25.9’ proposed) and Par 24.5.3 (other property line setback/15’ required/6.1’ proposed) of the Zoning Regulations to permit construction of a 247 s.f. sunporch and 204 s.f. family room on property located at 82 Chalker Beach Road.

Discussion with respect to the public hearing that closed this evening.  The proposal is to make the existing enclosed porch code compliant and incorporate it into the existing living space.  There will be no further encroachment into the setback.  The existing shed is to be removed.  All other renovations meet the Zoning Regulations, i.e. construction of a new shed.  A new code compliant septic system will be installed.

A Motion was made by A. Stillman, seconded by R. McIntyre to GRANT Application 13/14-28 – Robert A. Klein, as submitted. The hardship demonstrated is that the house pre-dated existing Zoning Regulations.  Obviously the additions proposed do not encroach any further into the setbacks. And the proposal is consistent with the neighborhood.  No discussion and a vote was taken:  In favor:  R. McCall, D. Alexander, R. McIntyre, A. Stillman, C. Billiau Opposed:  None  Abstaining: None  The motion passed unanimously. 5-0-0

13/14-29 Gino and Karen Giamminonni, seek a variance of  Par  10.8.2 & 10.8.3 (non-conforming lot size/12,500 s.f. required/9,192 s.f. proposed) Par 24.5.3 (other property line setback/15’ required/12.2’ proposed on the east side); Par 24.5.1 as modified by 68.1.2.B.4(narrow street setback/30’ required/8.7’ proposed) of the Zoning Regulations to permit construction of a 3,404 s.f. dwelling on property located at 2 Cottage Road, Map 3/Lot 19.

Discussion with respect to the public hearing that closed this evening.  The proposal is to tear down and rebuild.  The applicants agreed to move the proposed house two feet to the west closer to Cottage Road than originally proposed.  This will increase the setback to the property at 351 Maple Ave.  The bilco and the rear stoop will also be removed.

A Motion was made by A. Stillman, seconded by R. McIntyre to GRANT w/condition Application 13/14-29 – Gino and Karen Giamminonni, as proposed with the exception that the house be shifted two feet toward Cottage Road, the closest point of the structure on the southwest corner toward Cottage Road will be 8.7’.  A condition for the granting of the variances is that a new site plan will be submitted to the Zoning Enforcement Officer for approval prior to construction.  The Applicant has shown sufficient hardship. The Zoning Regulations if strictly enforced would prohibit construction of a structure on the property.  There are several reductions in nonconformities, specifically the existing shed at the SE corner of the property will be removed, the bilco door is to be relocated and the steps removed.   No further discussion and a vote was taken:  In favor:  R. McCall, R. McIntyre, A. Stillman, C. Billiau  Opposed:  D. Alexander  Abstaining: None  The motion passed. 4-1-0

New Business:  

Minutes:  A Motion was made by R. McCall, seconded by R. McIntyre to approve the Minutes of the December 11, 2013 Regular Meeting as submitted.  No discussion and a vote was taken:  In favor:  R. McCall, D. Alexander, R. McIntyre, A. Stillman, C. Billiau  Opposed:  None   Abstaining: None     The motion passed unanimously. 5-0-0  

Election of Officers: Nominations for Chairman, Vice Chairman and Secretary:

Chairman:   D. Alexander nominated R. McCall to serve as Chairman, R. McIntyre seconded the nomination.  D. Alexander moved to close nominations for Chairman, R. McIntyre seconded the motion.  A vote was taken: In favor: D. Alexander, A. Stillman, R. McIntyre, C.Billiau   Opposed: None Abstaining: R. McCall The motion passed. 4-0-1   Rexford McCall was elected Chairman.

Vice Chairman:  R. McCall nominated D. Alexander to serve as Vice Chairman, R. McIntyre seconded the nomination.  R. McCall moved to close nominations for Vice Chairman, R. McIntyre seconded the motion.  A vote was taken: In favor:  R. McCall, A. Stillman, R. McIntyre, C. Billiau    Opposed: None    Abstaining: D. Alexander  The motion passed. 4-0-1   Dorothy Alexander was elected Vice Chairman.

Secretary: R. McCall nominated A. Stillman to serve as Secretary, C. Billiau seconded the nomination.  R. McCall moved to close nominations for Secretary, C. Billiau seconded the motion.  A vote was taken: In favor: D. Alexander, R. McCall, R. McIntyre, C. Billiau   Opposed: None Abstaining: A. Stillman   The motion passed.  4-0-1   Adam Stillman was elected Secretary.

Adjournment:  A Motion was made by R. McCall, seconded by A. Stillman to adjourn the January 8, 2014 Regular Meeting of the Zoning Board of Appeals.  No discussion and a vote was taken: In favor: R. McCall, D. Alexander, R. McIntyre, A. Stillman, C. Billiau  Opposed:  None  Abstaining: None   The motion passed unanimously. 5-0-0  The meeting was adjourned at 8:45 p.m.

Rexford McCall, Chairman        
Old Saybrook Zoning Board of Appeals



The next Regular Meeting will be held on Wednesday, February 12, 2014 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.