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Zoning Board of Appeals Motions 4/9/2014
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, April 9, 2014 at 7:30 p.m. to hear the following:

Seated for this evenings meeting and voting were the following members:  Rexford McCall, Chairman, Dorothy Alexander, Vice Chairman, Adam Stillman, Secretary, Robert McIntyre and Philip Broadhurst

Present:  Alan Spargo, alternate, Chris Costa, Zoning Enforcement Officer and Kim Barrows, Clerk

Absent:  Chris Billiau, alternate, and Carl VonDassel, Jr., 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.

13/14-38C  - 56 Main Street, LLC, seeks a variance of Par 10.8.3 (non-conforming lot size/12,500 s.f. required/5,733 s.f. proposed); Par 24.5.3 (other property line setback/15’ required/6.7’ proposed on the north side and 13.1’ proposed on the south side); and Par 24.3.2(minimum dimension of square/100’ required/51’ proposed) of the Zoning Regulations to permit the demolition of the existing house and construction of a 1,998 s.f. house which will meet FEMA regulations and codes on property located at 10B Walker Avenue, Map 014/Lot 036, Residence A District, Coastal Area Management Zone.

Alan Spargo seated for Adam Stillman who recused himself

Discussion with respect to the public hearing that closed this evening.  Since there will be fill brought onto the property, the Board expressed the concern about any potential runoff onto neighboring properties.  The basic hardship to this property is the narrowness of the lot.  A new sheet A1.0 was submitted with a correction showing the “notch”.  The date of A1.0 wad 2/14/2014 revised to 4/8/2014.  

A Motion was made by R. McCall, seconded by R. McIntyre to GRANT w/conditions Application 13/14-38 C – 56 Main Street, LLC with several conditions:  1) a stormwater runoff plan shall be presented and be reviewed satisfactorily by the Town’s engineer prior to the issuance of a Certificate of Zoning Compliance; 2) any damage or harmful conditions caused to the right-of-way on Walker Avenue during the construction of the home shall be repaired at the cost of the applicant and 3) the applicant will make every effort to work with the neighbor to the south of the applicant’s property to make the swale functional so that it runs by repairing it and maintaining 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

Zoning Board of Appeals – Motions – April 9, 2014                                                                                          2

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

13/14-39C Martin W. & Ann T. Mackay, seek a variance of Par 58.2 (riparian buffer/100’ required/61.51’ to pool, 71.5’ to greenhouse, and 80.72’ to addition proposed) and Par 58.6 (setback Gateway Conservation Zone/100’ required/61.51 to pool, 71.5’ to greenhouse and 80.72’ to addition proposed) of the Zoning Regulations to permit the construction of a 1,313 s.f. addition which includes a 1,053 s.f. second floor addition over an existing garage,  breezeway and mudroom, and 260 s.f. greenhouse/conservatory, and a 293 s.f. second story deck, and construction of a 1,497 s.f. pool and surrounding patio on property located at 330 Watrous Point Road, Map 64/Lot 17-2, Residence AA-3 District, Coastal Area Management Zone, Gateway Conservation Zone.

Alan Stillman seated again

Discussion with respect to the public hearing that closed this evening.  A variance was granted for the pool back in September, 2013 under a different owner.  This proposal is for an infinity pool and there will be a visual buffer for the short retaining wall.  The mature trees will remain.  

A Motion was made by D. Alexander, seconded by R. McIntyre to GRANT w/conditions Application 13/14-39 C – Martin W. & Ann T. Mackay.  The entire project is completely consistent with the neighborhood in which it’s going to be and the Board very much appreciates the owners concern about the environment by protecting it and helping to keep it as nice as it is.  The recommendation from the CT River Gateway Commission regarding plantings is made a part of this motion and the plantings that are installed to screen the wall will be 2 ½ ’ tall when installed and  they will be planted in a staggered row in front of the wall about 30 inches on center.  The recommendation would be that Pieris Japonica [commonly known as Andromeda] which is deer proof be planted and interspersed with Pinxter Azalea which is an indigenous azalea to this area and which will be nice to look at from the river.  Also to avoid the transport of any sediment into the river during the project, the riverfront should be stabilized as quickly as possible.  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

13/14-40C Appleby Holdings, LLC, seeks a variance of Par 10.6.1 (nonconformity-use/enlargement); Par  24.1/24.1.9 (permitted principal uses/principal building required/accessory building to principal dock structure proposed); Par 24.5.5 (side yard setback/10’ required/5’ proposed); Par 68.1.2.b.9 (tidal wetlands setback/50’ required, 27.5’ proposed) of the Zoning Regulations to permit construction of a 100 s.f. shed with utility platform and underground utilities on property located on Mott Avenue, Map 14/Lot 6, Residence A District, Coastal Area Management Zone.

Discussion with respect to the public hearing that closed this evening.  The shed is located on a “paper street” which is Mott Avenue.  The shed does not have to meet the base flood elevation, but the electrical panel does.  

A Motion was made by A. Stillman, seconded by R. McIntyre to GRANT w/conditions Application 13/14-40 C – Appleby Holdings, LLC.  The application is granted with the condition that the shed shown on the site plan will be moved 10’ from the property line inside the building envelope thus eliminating the need for a variance.  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

REGULAR MEETING

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.  

No decision or motion was made with respect to this application.

Minutes:  A Motion was made by R. McIntyre, seconded by D. Alexander to approve the Minutes of the March 12, 2014 Regular Meeting as submitted.  No discussion and a vote was taken:  In favor:  D. Alexander, R. McIntyre, A. Spargo Opposed:  None   Abstaining: P. Broadhurst, R. McCall   The motion passed.  3-0-2

Adjournment:  A Motion was made by A. Spargo, seconded by R. McIntyre to adjourn the April 9, 2014 Regular Meeting of the Zoning Board of Appeals.  No discussion and a vote was taken: In favor: D. Alexander, R. McIntyre, P. Broadhurst, R. McCall, A. Spargo  Opposed:  None  Abstaining: None   The motion passed unanimously. 5-0-0  The meeting was adjourned at 10:45 p.m.

Rexford McCall, Chairman
Old Saybrook Zoning Board of Appeals


The next Regular Meeting of the Zoning Board of Appeals is Wednesday, May 14, 2014
at Town Hall, First Floor Conference Room, 302 Main Street, Old Saybrook, CT at 7:30 p.m.