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, September 10, 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, Robert McIntyre, Philip Broadhurst and Alan Spargo
Present: Carl VonDassel, Jr., alternate 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.
14/15-04C - David C & Earla K. Frisbie seek a variance of Par 58.6 (setback Gateway Conservation Zone/100’ required/53.2’ to deck and 76.9’ to house proposed) and Par. 58.2.1 (riparian buffer setback/100’ required/53.2’ to deck and 76.9’ to house proposed) of the Zoning Regulations to permit the demolition and reconstruction of a 3,631 s.f. house on property located at 17 Whisper Cove Road, Map 53/Lot 040-01, Residence AA-2 District, Coastal Area Management Zone, Gateway Conservation Zone.
An e-mail sent to the Zoning Enforcement Officer, Chris Costa from Attorney Edward Cassella dated September 10, 2014 requesting that the public hearing on the above application be opened at the October 8, 2014 Regular Meeting on the above matter.
A Motion was made by R. McCall, seconded by R. McIntyre to POSTPONE the OPENING OF THE PUBLIC HEARING UNTIL OCTOBER 8, 2014 Regular Meeting. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, R. McIntyre, A. Spargo Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
14/15-05 - Patrick Maher seeks a variance of Par 10.7.1 & 10.7.2 (nonconformity enlargement/change) and Par. 24.5.1 as modified by 68.1.2B(4) (narrow street setback/40’ required/30’proposed) of the Zoning Regulations to permit the construction of a 354 s.f. addition on property located at 30 Cottage Place, Map 29/Lot 53, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The applicant explained that the location of the addition is due to the placement of the house on the lot and the 100 ft. review zone to a vernal pool in the rear of the property. The house was built sometime in the 1920’s. An administrative approval was given by the Inland Wetlands Enforcement Officer for the small addition in the rear which does not need a variance.
A Motion was made by R. McCall, seconded by P. Broadhurst to GRANT Application 14/15-05 Patrick Maher. The sufficient hardship has been shown. There is minimal area for any construction due to the 100’ setback from the vernal and the setback itself is far greater than what exists currently. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, R. McIntyre, A. Spargo Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
14/15-06C - Thomas M. Giardini seeks a variance of Par 10.8.2 and10.8.3 (non-conforming lot size/12,500 s.f. required/10,456 s.f. proposed) and Par. 24.3.1A (minimum lot area/20,000 s.f. required/10, 456 s.f. proposed) of the Zoning Regulations to permit the demolition and reconstruction of a 2,725 s.f. house which will meet FEMA regulations and codes on property located at 115 Plum Bank Road, Map 2/Lot 41, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The proposal is to tear down and construct a new code compliant structure meeting all FEMA requirements. A new septic is to be installed. The lot size is 10,456 s.f. and the structure will meet both side yard, front and rear setbacks. The size of the lot would have been larger if the DOT taking line did not “take” a large portion of the property.
A Motion was made by R. McIntyre, seconded by D. Alexander to GRANT Application 14/15-06 C Thomas M. Giardini. This is a nonconforming lot, 12,500 sf. is required, the lot has 10,456 s.f. The hardship is that at one time the State of Connecticut DOT instituted a “taking” line which made the lot size smaller. The applicants have eliminated nonconformities in the side yard setbacks from exiting 9.4’ to proposed 15.5’. 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. Spargo Opposed: None
Abstaining: None The motion passed unanimously. 5-0-0
Adjournment: A Motion was made by P. Broadhurst, seconded by R. McIntyre to adjourn the September 10, 2014 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, R. McIntyre, A. Spargo Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 8:25 p.m.
Rexford McCall, Chairman
Old Saybrook Zoning Board of Appeals
The next Regular Meeting will be held on Wednesday, October 8, 2014 at 7:30 p.m.
at the TOWN HALL, First Floor Conference Room, 302 Main Street.
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