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Zoning Board of Appeals Motions 06/11/2014
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, June 11, 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, Philip Broadhurst, Christopher Billiau, alternate and Alan Spargo, alternate

Present:  Carl VonDassel, Jr., alternate and Kim Barrows, Clerk

Absent:  Robert McIntyre 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.

13/14-42C - Kimberly A. Neri Simoncini, seeks a variance of Par 10.8.3 (non-conforming lot size/12,500 s.f. required/6,780 s.f. proposed); Par 24.3.2, (minimum dimension of square/100’ required/35’ proposed); and Par 24.5.3 (other property line setback/15’ required/5.2’ proposed on the south side and 8.5’ proposed on the north side) ; and 24.5.1 as modified by 68.1.2B(4) (narrow street setback/30’ required/8.8’proposed)of the Zoning Regulations to permit the demolition of the existing house and construction of a 2,066 s.f. house which will meet FEMA regulations and codes on property located at 83 Hartford Avenue, Map 013/Lot 89, Residence A District, Coastal Area Management Zone.

Due to an issue with notice of the meeting to abutters, the matter was opened and continued to the July 9, 2014 Regular Meeting.  No testimony was taken.  

A Motion was made by R. McCall, seconded by D. Alexander to CONTINUE Application 13/14-42 C Kimberly A. Neri Simoncini to the July 9, 2014 Regular Meeting for proper notice.   No discussion and a vote was taken:  In favor:  R. McCall, D. Alexander, C. Billiau, P. Broadhurst, A. Spargo  Opposed:  None  Abstaining: None  The motion passed unanimously. 5-0-0

13/14-44 - Deborah Terschuren, seeks a variance of Par 24.5.2 (rear property line setback/15’ required/5.7’ & 14.3’ proposed) of the Zoning Regulations to permit construction of a 484 s.f.  addition and 214 s.f. garage on property located at 22 Coulter  Street, Map 037/Lot 100, Residence A District, Coastal Area Management Zone.

Discussion with respect to the public hearing that closed this evening.  The Board felt that the “bulk” of the structure only 5.7’ away from the rear property line was too close to the neighbor.  The Board discussed with the applicant the placement of the structure and agreed to move it to the north for a greater separation distance.

A Motion was made by R. McCall, seconded by C. Billiau to GRANT Application 13/14-44 Deborah Terschuren.  The application is granted but with the provision that the proposed  new construction of the garage be moved to the north so that it remains 15’ from the Corangelo property, there by increasing the setback in the rear of the garage.  No discussion and a vote was taken:  In favor:  R. McCall, D. Alexander, P. Broadhurst, C. Billiau, A. Spargo  Opposed:  None  Abstaining: None  The motion passed unanimously. 5-0-0

13/14-45 - Irene F. Moore, Trustee, seeks a variance of Par. 10.8.1 and 10.8.2 (expansion of nonconforming structure); Par 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/35’ required/12’ proposed to stairs, 14.8’  proposed to house); Par 24.5.3 (other property line setback/ 15’ required/4.9’ to stairs (north), 9.9’ to house (north), 5.1’ to deck (east), 9.6’ to stairs (east), 13.8 to house (east) proposed; Par 24.6.2 (maximum building/structure coverage/20% allowed/22.1% proposed) of the Zoning Regulations to permit a recently constructed 1,648 s.f. dwelling on property located at 4 Cranton Street(Chalker Beach), Map 12/Lot 81, Residence A District, Coastal Area Management Zone.

Discussion with respect to the public hearing that closed this evening.  Variances were granted in March of 2013 to construct a new house that would meet the FEMA regulations and all other applicable codes.  After the house was constructed and a final inspection made, it was discovered that the structure did not conform to the plans originally approved.  The stairs had been widened, the decking area was increased plus the pilings were bolted differently which increased the footprint slightly.  The Board felt that if it was just the difference with the pilings, that might have been one thing, but other areas of the structure were increased.  

A Motion was made by R. McCall, seconded by D. Alexander to DENY w/out prejudice Application 13/14-45 Irene F. Moore, Trustee. This is a classic example of a self created hardship, not by the property owner but by the contractor.  No discussion and a vote was taken:  In favor:  R. McCall, D. Alexander, P. Broadhurst, C. Billiau, A. Spargo  Opposed:  None  Abstaining: None  The motion passed unanimously. 5-0-0

13/14-46 - Cheryl A. Beal, seeks a variance of Par. 10.8.2 and10.8.3 (non-conforming lot size/12,500 s.f. required/6,250 s.f. proposed); Par 24.3.4 (minimum width along building line/100’ required/20’ proposed); Par 24.5.3 (other property line setback/15’ required/12’ to house (north and south) proposed; Par 24.6.2(A)(maximum building /structure coverage Gateway Conservation Zone/15% allowed/18.6% proposed) of the Zoning Regulations to permit the construction of a 1,429 s.f.  year-round house which will meet FEMA regulations and codes on property located at 17 & 19 South Cove Road-2, Map 23/Lots 69 & 70, Residence A District, Gateway Conservation Zone, Coastal Area Management Zone

Discussion with respect to the public hearing that closed this evening.  There are two small lots with an existing structure on one of the lots.  The two lots will be merged to accommodate a new year-round structure.  The healthy trees on the property will remain in accordance with the Gateway Conservation letter dated June 11, 2014.

A Motion was made by D. Alexander, seconded by R. McCall to GRANT Application 13/14-46 Cheryl A. Beal.  The proposal is a vast improvement over what currently exists.  The healthy mature trees will remain to screen the property.  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, P. Broadhurst, C. Billiau,  A. Spargo  Opposed:  None  Abstaining: None  The motion passed unanimously. 5-0-0

A Motion was made by R. McCall, seconded by D. Alexander to grant an extension for Appeal No. 12/13-47C -137 Nehantic Trail to July 9, 2014 so that the owner or his agent can provide a reason for the extension of one year.  No discussion and a vote was taken:  In favor:  R. McCall, D. Alexander, P. Broadhurst, C. Billiau, A. Spargo  Opposed:  None  Abstaining: None  The motion passed unanimously. 5-0-0

Adjournment:  A Motion was made by R. McCall, seconded by A. Sparg to adjourn the June 11, 2014 Regular Meeting of the Zoning Board of Appeals to the June 18, 2014 Special Meeting.  No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, C. Billiau, A. Spargo  Opposed:  None  Abstaining: None   The motion passed unanimously. 5-0-0  The meeting was adjourned at 9:20 p.m.


Rexford McCall, Chairman        
Old Saybrook Zoning Board of Appeals




The next Regular Meeting will be held on Wednesday, July 9, 2014 at 7:30 p.m.
at the TOWN HALL, First Floor Conference Room, 302 Main Street.