MOTIONS
Town of Old Saybrook
Zoning Board of Appeals
NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Town of Old Saybrook will hold a public hearing at the Town Hall, First Floor Conference Room located at 302 Main Street, Old Saybrook on Wednesday, March 12, 2014 at 7:30 p.m. to hear the following:
Seated for this evenings meeting and voting were the following members: Dorothy Alexander, Vice Chairman, Robert McIntyre, Chris Billiau, alternate, Alan Spargo, alternate and Carl VonDassel, Jr., alternate
Present: Philip Broadhurst (arrived at 8:00), Chris Costa, Zoning Enforcement Officer and Kim Barrows, Clerk
Absent: Rexford McCall, Chairman and Adam Stillman, Secretary
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.
A Motion was made to amend the agenda to move Application 13/14-33C to the second to be heard due to recusal of C. VonDassel by D. Alexander, seconded by R. McIntyre. Regular member P. Broadhurst was due to arrive. No discussion and a vote was taken. In favor: D. Alexander, C. Billiau, R. McIntyre, A. Spargo, C. VonDassel Opposed: None Abstaining: None The motion passed.
13/14-34C - Robert A. Knee & Peggy Sheahan Knee, seek a variance of Par 10.8.2 & 10.8.3 (non-conforming lot size/12,500 s.f. required/4,484 s.f. proposed); Par 24.5.3 (other property line setback/15’ required/9’ proposed on the north side and 8.9’ proposed on the south side); and Par 24.6.2 (maximum building/structure coverage/20% allowed/23.6% proposed) of the Zoning Regulations to permit the demolition of the existing house and construction of a 1,785 s.f. house which will meet FEMA regulations and codes on property located at 147 Plum Bank Road, Map 002/Lot 28, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. There are several reductions in the nonconformities. The existing coverage is being reduced slightly. The proposal is consistent with the Comprehensive Zoning Plan. D. Alexander concerned with DEEP letter which stated that the square footage percentage is increasing by 62%. Other Board members felt the applicant described the reasons for the percentage increase, since the existing house is 1,100 s.f. the new will be 1,785 s.f. D. Alexander stated that 62% is too much in this instance. The structure will now meet the current FEMA flood regulations.
A Motion was made by R McIntyre, seconded by C. VonDassel to GRANT Application 13/14-34 C – Robert A. Knee & Peggy Sheahan Knee. The applicant has shown that they are trying to meet all of the zoning requirements, some of the setback encroachments that were previously there have been reduced, especially on the westerly side where they taken the porch and brought it in further away from that setback. 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. McIntyre, C. Billiau, A. Spargo, C. VonDassel Opposed: D. Alexander Abstaining: None The motion passed.
4-1-0
13/14-33C - Rodney Kirouac, 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 the east side) of the Zoning Regulations to permit the construction of a roof over a current raised 10’ x 20’ concrete patio for a dwelling on property located at 36 Dudley Avenue, Map 36/Lot 120, Residence A District, Coastal Area Management Zone.
C. VonDassel recused himself; P. Broadhurst seated
Discussion with respect to the public hearing that closed this evening. Proposal meets all of the other zoning regulations except for the sideline setback. Only a small portion of the addition intrudes into the setback. D. Alexander stated that it was a reasonable request. The proposal is not encroaching any further than what exists.
A Motion was made by P. Broadhurst, seconded by C. Billiau to GRANT Application 13/14-33 C – Rodney Kirouac. The applicant is applying to construct a roof over an existing concrete raised patio. The hardship is that the structure was constructed in the 1930’s prior to the enactment of zoning. This particular situation is not increasing any of the nonconformities and is consistent with the neighborhood. The patio shall not extend further into the setback on the east side and shall maintain the 12’. 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: D. Alexander, R. McIntyre,
C. Billiau, P. Broadhurst, A. Spargo Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
13/14-35 - Andre L. and Gail A. Laferriere, seek a variance of Par 10.7.1 & 10.7.2 (nonconformity enlargement/change); and Par 24.5.3 (other property line setback/15’ required/11’ proposed on the north side) of the Zoning Regulations to permit the enclosure of an existing 157 s.f. porch and construction of a 79 s.f. addition with steps on property located at 10 Fenwood Parkway, Map 009/028, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The hardship is the imposition of the new Residence A regulations on this nonconforming lot. The structure when originally constructed complied with the zoning regulations. The addition will be in line with the existing structure and will remain at 11’ from the setback.
A Motion was made by R. McIntyre, seconded by C. Billiau to GRANT Application 13/14-35 – Andre L. and Gail A. Laferriere. The variance is granted for Par. 24.5.3 for the other property line setback where the regulations require 15’. The proposed addition will follow the existing sideline of the existing building and will remain at 11’. No discussion and a vote was taken: In favor: D. Alexander, R. McIntyre, P. Broadhurst, C. Billiau, A. Spargo Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
13/14-36C - Christopher & Lisa Skomorowski, seek a variance of Par 10.7.1 & 10.7.2 (nonconformity enlargement/change); Par 24.5.3 (other property line setback/15’ required/12.5’ proposed on the north side); and Par. 24.5.1 as modified by 68.1.2.B4 (narrow street line setback/30’ required/16’ proposed to garage and 16.8’ to the house) of the Zoning Regulations to permit the construction of a 311 s.f. 2nd story addition and construction of a 423 s.f. garage on property located at 5 Owaneco Trail, Map 019/Lot 027, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The nonconforming shed noted on the plan is to be removed. The site conditions dictated the placement of the garage. The placement of the garage is also consistent with the streetscape. The DEEP wanted confirmation that the house and garage are outside of the 100 year flood plain as noted on the site plan.
A Motion was made by D. Alexander, seconded by R. McIntyre to GRANT Application 13/14-36 C – Christopher & Lisa Skomorowski. The variances are granted to permit the garage to be within 16’ of the road, to permit a 12.5’ sideyard setback on the north side of the house and permit the changes outlined in the proposal with respect to nonconformity/change. The hardship is the proximity to the wetlands and limitations that come as a result of that. There is a reduction in the nonconformities with the removal of the shed. 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. The applicant shall confirm that the house and the garage will
not be within the 100 year flood plan as noted on the site plan and the pervious surface that will lead to the garage. No discussion and a vote was taken: In favor: D. Alexander, R. McIntyre, C. Billiau, C. VonDassel, A. Spargo Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
13/14-37C - Edward G. III & Barbara J. Pitkin, seek a variance of Par 68.1.2B9 (Tidal Wetlands Setback/50’ required/ 13’ proposed) of the Zoning Regulations to permit excavation and grading within 50’ of the tidal wetlands necessary for FEMA compliance at property located at 37 Fenwood Drive, Map 005/Lot 012, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The proposal meets all of the zoning regulations except for the setback from the tidal wetlands. A large portion of the pervious surface on the lot will be removed to improve drainage. The grading is needed to allow the flow of water towards the wetlands.
A Motion was made by R. McIntyre, seconded by C. Billiau to GRANT Application 13/14-37 C – Edward G. III & Barbara J. Pitkin, 37 Fenwood Drive. The variance granted is for Par. 68.1.2B9, there will be minor grading within 15 feet of the tidal setback to meet FEMA compliance. Applicant complemented on removing pervious surfaces to improve drainage in the backyard and to meet the FEMA requirements grading is necessary. The hardship is that in order to bring the dwelling into compliance with the current FEMA regulations grading in the rear yard is necessary to establish a positive grade between the house and the western boundary line adjacent to the tidal wetlands. 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. The DEEP also sent a positive letter. No discussion and a vote was taken: In favor: D. Alexander, R. McIntyre, P. Broadhurst, C. Billiau, A. Spargo Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
12/13-35 C - Rosewood, LLC c/o S. Tagliatela, seeks a clarification of the variance application approval granted on February 20, 2013 for 19 Bridge Street (Saybrook Point), Map No. 24, Lot No. 54 - Per request of David Royston, Esquire, attorney for Rosewood, LLC, this matter is being tabled until the April 9, 2014 meeting for discussion.
Minutes: A Motion was made by R. McIntyre, seconded by D. Alexander to approve the Minutes of the February 12, 2014 Regular Meeting as submitted. No discussion and a vote was taken: In favor: D. Alexander, R. McIntyre, P. Broadhurst, C. Billiau, A. Spargo Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Adjournment: A Motion was made by D. Alexander, seconded by C. Billiau to adjourn the March 12, 2014 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: D. Alexander, R. McIntyre, P. Broadhurst, C. Billiau, A. Spargo Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 9:45 p.m.
Old Saybrook Zoning Board of Appeals
Rexford H. McCall, Chairman
The next Regular Meeting of the Zoning Board of Appeals is Wednesday, April 9, 2014
at Town Hall, First Floor Conference Room, 302 Main Street, Old Saybrook, CT at 7:30 p.m.
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