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, February 12, 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, Philip Broadhurst (arrived at 8:35), Chris Costa, Zoning Enforcement Officer, Michael Cronin, attorney for the ZBA and Kim Barrows, Clerk
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.
13/14-31C - Sharon & Amanda Ruzycki, seek 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/11.4’proposed); and Par 24.5.3 (other property line setback/15’ required/6.8’ proposed on the east side and 11’ proposed on the west side) of the Zoning Regulations to permit the elevation of existing year round dwelling to comply with FEMA Regulations and Codes and to construct a second story addition for a dwelling on property located at 5 Garden Street, Map 18/Lot 95, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The existing cottage was to be renovated, but renovation costs exceeded the 50% of the appraised value of the structure. When that happens the structure needs to meet the FEMA flood requirements. There will be no increase in the footprint, applicant going up and adding a second floor.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT Application 13/14-31C – Sharon & Amanda Ruzycki. That the new foundation will be poured so that the NE corner is 10’ from property line and the SE corner will also be 10’ from the property line so that the structure is parallel. The hardship is not much can be done to the house without requiring that they comply to FEMA 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, A. Stillman, C. Billiau Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
13/14-32 - Todd & Mary Sage, seek a variance of Par 10.7.1 & 10.7.2 (nonconformity enlargement/change); Par 24.5.1(street line setback/25’ required/19.62 proposed) of the Zoning Regulations to permit the expansion of the front steps and construction of a 28 s.f. portico on property located at 8 Crowley Drive, (Map 21/Lot 62) Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The structure already intrudes into the front setback. The proposal is just to make the existing entryway 1’ 9” wider. Other homes in the area have similar porticos.
A Motion was made by D. Alexander, seconded by R. McIntyre to GRANT Application 13/14-32 – Todd & Mary Sage. The variances are granted to expand the existing entryway to the house 1’ 9” wider than what exists. It is in harmony with the neighborhood. The hardship is that the house was built in a nonconforming location in 1976. 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
Carl VonDassel was seated for the rest of the meeting
13/14-30 - Town of Old Saybrook, seeks a variance of Par 63.4.1 (perimeter buffer width/20’ required/5’ proposed at southerly interior property line); Par 63.5.2 (interior parking, intervening islands/15 in a row required/20 proposed at rear, southerly line); Par 63.5.1 (parking lot landscaping, spaces per island (design)/10 in a row required/none proposed at rear controlled parking area); Par 63.5.1(parking lot landscaping square footage per space/20 s.f. interior landscaping per space required/ 0 s.f. proposed at rear controlled parking area); Par 63.4.2 (perimeter buffer required landscaping/evergreens, 10’ staggered required/use of existing established tree buffer and fencing proposed); Par 68.1.5A (maximum site illumination/0.20 fc required/0.51 fc proposed); Par 64.5.2A (municipal wall
sign in residence districts/3 s.f. for wall signs required/85 s.f. for wall sign proposed); Par 63.3.2C (minimum street trees, front landscaped area/7 trees, 3 ½” dbh, 6’ at time of planting, 40’ intervals required/ 7 trees, 2” dbh, less than 6’ at time of planting at staggered intervals proposed) of the Zoning Regulations to permit the construction of a 22,624 s.f. Police Station, 1,020 s.f. fueling canopy, and emergency drive to Main Street, on property located at 225 Main Street (Map 30/Lot 58) and 36 Lynde Street (Map 29/Lot 79), Business B-1 and Residence A Districts, Coastal Area Management Zone, Pedestrian Node.
Discussion with respect to the public hearing that closed this evening. The municipal use is allowed in the residential zone. Some of the existing nonconformities are being reduced or removed. Proposal also has to go to the Zoning Commission for approval.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT Application 13/14-30 – Town of Old Saybrook for the following reasons:
The applicant has demonstrated that this is a unique use for a municipal building which is an allowed use in a Residential District. There are several reductions in nonconformities on the site that have provided an independent basis other than hardship where needed; including that the impervious surface of the entire parking area on the 36 Lynde Street property is being reduced and the nonconformity of the height and the intensity of the existing bank of lighting, the two lights on the north side that shine onto neighboring properties are being eliminated, and the absence of any landscaped islands in the existing parking area is being improved in the public parking areas on the proposed plans.
The portion of the request for a variance from Par. 63.3.2C regarding diameter and height at time of planting has been withdrawn.
The variance for Par. 63.4.1, Par 63.5.2 and Par. 63.5.1 are granted. The hardship in addition to the reduction of nonconformities is due to the auto turn radius needed for emergency vehicles in the service parking area, the service parking area will not have landscape islands since the additional space is needed for a decontamination area, commodity distribution and maintenance. Landscape islands will be provided in the public parking area. The Variance of Par. 63.4.1 is granted on the specific condition that the emergency access to Main Street as noted on the plan shall be for emergency use only, it will not be open for public use.
The request for a variance from 63.4.2 with respect to evergreens being staggered at 10 foot intervals is granted since the existing tree line as shown on the plans will remain. The Variance is granted on the specific condition that in the event trees in the southerly perimeter buffer area are damaged or die during construction, they will be replaced with trees that are 3.5 dbh and 6’ in height at planting. The applicant shall provide a formal landscape plan for the location of trees proposed on Lynde Street to the Zoning Commission.
The specific conditions in the granting of the Variance of Par. 63.4.1 and 63.4.2 stated above are integral to the Board’s decision.
The request for a variance from Par. 68.1.5A (maximum illumination) is granted because of the special use and needs of the subject facility proposed for the property. The average is allowed to be increased beyond the 0.20 fc allowed to 0.51 fc.
In the plans submitted with the application the correct light schematic is on the Sheet entitled E.7.2. It is not reflected accurately on any of the other drawings.
The request for a variance from Par. 64.5.2A (municipal wall sign size) is granted because of the special use and needs of the subject facility proposed for the property and since it is appropriate in size and scale for identification of a municipal building especially during emergencies.
No further discussion and a vote was taken: In favor: R. McCall, D. Alexander, R. McIntyre, A. Stillman, C. VonDassel Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Minutes: A Motion was made by R. McCall, seconded by A. Stillman to approve the Minutes of the January 8, 2014 Regular Meeting with the following addition: in Application 13/14-27 – Finkeldey the sentence reads “A. Stillman stated that reducing nonconformities can be used as a hardship” it should say “in lieu of a hardship”. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, R. McIntyre, A. Stillman, C. VonDassel Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Adjournment: A Motion was made by R. McCall, seconded by R. McIntyre to adjourn the February 12, 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. VonDassel Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 11:30 p.m.
Rexford McCall, Chairman
Old Saybrook Zoning Board of Appeals
The next Regular Meeting will be held on Wednesday, March 12, 2014 at 7:30 p.m. at the
TOWN HALL, First Floor Conference Room, 302 Main Street.
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