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, July 9, 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, Robert McIntyre and Philip Broadhurst
Present: Alan Spargo, alternate (arrived 7:50 p.m.), Carl VonDassel, Jr., alternate, Chris Costa, Zoning Enforcement Officer, Michael E. Cronin, Jr., Esquire, ZBA attorney and Kim Barrows, Clerk
Absent: Christopher Billiau, 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.
A Motion was made by R. McCall, seconded by R. McIntyre to move item number 2 under continued public hearings on the agenda to item number 1 under continued public hearings. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, A. Stillman, R. McIntyre Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
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); Par 24.5.3 (other property line setback/15’ requied/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 1,624 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.
Discussion with respect to the public hearing that closed this evening. P. Broadhurst felt that the structures are too close together for safety purposes. R. McIntyre addressed Attorney Cassella’s argument about moving the septic to the front of the property, it would make it much closer to the water and it is only speculation that it can actually go there. R. McIntyre felt that the Fire Chief’s letter addressed some of these concerns about fire safety. Applicants are willing to remove the impediments on the street side of the property for easy access to the structure and for parking of fire trucks.
A Motion was made by R. McIntyre, seconded by R. McCall to GRANT w/a condition Application 13/14-42 C – Kimberly A. Neri Simoncini. The variances are granted for the demolition of the existing house and construction of the proposed dwelling. The attic area shall not be constructed so that it becomes habitable space in the future. Also the front area between the existing cement slab and the road which currently has vegetation and other obstacles in the area be cleaned to remove such
impediments so that fire trucks can park and there is easy access by other vehicles. 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, R. McIntyre Opposed: D. Alexander, A. Stillman, P. Broadhurst Abstaining: None The motion failed to pass. 2-3-0 The Motion has been denied, it takes four affirmative votes to grant a variance.
13/14-49 C - Saybrook Point Marina, LLC, seeks a variance of Par 10.7.1 (nonconformity enlargement); Par 37.4.2 (street line of other streets/25’ required/19’ for entry stairway east side proposed); Par 37.4.3B (other property line setback/15’ required/5.8’ for 3rd fl. stairwell; 6.8’ for elevator & stairwell from 1st fl to 3rd fl; 9.7’ for Bridge St. entry stairway proposed on the north side and 10’ for entry stairway on 1st fl. proposed on the south side; Par 64.5.6A (sign dimensions/3 s.f. maximum required/12 s.f. maximum proposed) of the Zoning Regulations to permit the reconstruction of a 4,787 s.f. non-conforming structure on property located at 19 Bridge Street, Map 24/Lot 54, Saybrook Point SP-3 District, Coastal Area Management Zone.
D. Alexander recused herself and left the room. A. Spargo was seated in her place.
Discussion with respect to the public hearing that closed this evening. The storage shed is to be removed. This proposal is better than what was originally proposed. The need for a front setback variance has been eliminated, the only encroachment into that setback is the stairs. The overhang on the second floor has been removed and the airlock on the south side has been removed and incorporated inside the structure. A sign variance was previously granted for the sign size but there was no rendering of the sign presented to the Board at that time. In the proposal presented, the sign is hung on a 5’ by 8’ structure.
A Motion was made by A. Stillman, seconded by R. McIntyre to GRANT w/conditions the variances for Application 13/14-49 C - Saybrook Point Marina, LLC, except for the variance for Par. 64.5.6A (sign dimensions). The applicant has demonstrated sufficient hardship, specifically the removal of the storage shed building number 2 which reduces the encumbrance into the setback which otherwise satisfies the hardship requirement. The project is consistent with the neighborhood. A condition of approval is that an as-built be provided to confirm that the height of the structure does not exceed the 35’ allowed. 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, R. McIntyre, A. Stillman, P. Broadhurst, A. Spargo Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
R. McIntyre left the meeting at 9:55 p.m. – Carl VonDassel, alternate was seated
13/14-51 - Todd & Anna Molesky, seek a variance of Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/35’ required/15.68’ proposed) of the Zoning Regulations to permit construction of a 10’ x 14’ storage shed on property located at 11 Beechwood Road, Map 4/Lot 145, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The stated hardship is the very odd shape of the lot and the location of the septic system plus having to meet the narrow street setback.
A Motion was made by R. McCall, seconded by C. VonDassel to GRANT Application 13/14-51 – Todd & Anna Molesky. The variances are granted to construct the 10’ x 14’ shed. The hardship is the very odd shaped lot on a curved road which makes it unique in the neighborhood. No Discussion and a vote was taken: In favor: R. McCall, D. Alexander, A. Stillman, P. Broadhurst, C. VonDassel Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
13/14-53 - 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/ 5.8’ to stairs (north), 9.9’ to house (north), 5.1’ to deck (east), 13.8’ to house (east) 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. The southeast staircase will be eliminated, the north side staircase with is being reduced in size. The shed has been removed and the deck size has been reduced as well.
A Motion was made by A. Stillman, seconded by D. Alexander to GRANT w/condition Application 13/14-53 - Irene F. Moore, Trustee. The variances are granted as requested. The applicant has demonstrated sufficient hardship and has made good faith efforts. The condition is that on the west staircase the treads are to be measured to make sure that they match the tread size previously granted and approved in variance application in March of 2013, it is believed that the size was 3’ 8”. If the existing stairs do not meet the size previously granted they will need to. No Discussion and a vote was taken: In favor: R. McCall, D. Alexander, A. Stillman, P. Broadhurst, C. VonDassel Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
13/14-54C - Sharon Boucher, seeks a variance of 10.8.2 & 10.8.3 (non-conforming lot size/12,500 s.f. required/5,965 s.f. proposed); Par 24.5.3 (other property line setback/ 15’ required/8.1’ proposed) of the Zoning Regulations to permit the demolition of the existing house and construction of a 1,694 s.f. house which will meet FEMA regulations and codes at property located at 8 Beach Road East, Map 12/Lot 142, Residence A District, Coastal Management Zone.
A. Stillman recused himself. A. Spargo was seated for the remainder of the meeting.
Discussion with respect to the public hearing that closed this evening. The proposal conforms with all Zoning Regulations except for one which is the sideline setback. The shed will be removed. The new structure will meet all building and FEMA regulations.
A Motion was made by R. McCall, seconded by C. VonDassel to GRANT w/condition Application 13/14-54C – Sharon Boucher. Sufficient hardship has been shown. The structure had severe storm damage and is not habitable. The parcel will be made less nonconforming with the removal of the shed. The condition is that an “as-built” will be submitted to the Zoning Office to confirm that the height limitation is in accordance with the Zoning Regulations when the framing is complete. 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, A. Spargo, P. Broadhurst, C. VonDassel Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Minutes: A Motion was made by R. McCall, seconded by A. Spargo to approve the Minutes of the May 14, 2014 Regular Meeting and the June 11, 2014 Regular Meeting as submitted. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, P. Broadhurst, A. Spargo Opposed: None Abstaining: C. VonDassel The motion passed. 4-0-1
Adjournment: A Motion was made by R. McCall, seconded by A. Spargo to adjourn the July 9, 2014 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, C. VonDassel, A. Spargo Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 11:10 p.m.
Rexford McCall, Chairman
Old Saybrook Zoning Board of Appeals
The next Regular Meeting will be held on Wednesday, August 13, 2014 at 7:30 p.m.
at the TOWN HALL, First Floor Conference Room, 302 Main Street.
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