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, November 12, 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, Philip Broadhurst, Robert McIntyre 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 then proceeded to read the Legal Notice into the record.
14/15-09 - Michael Beernaert seeks a variance of Par 10.8.3 (non-conforming lot size/12,500 s.f. required/8,789s.f. proposed) of the Zoning Regulations to permit the construction of a of a 3,123 s.f. house on property located at 7 Point Road, Map 1/Lot 93, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The lot is 80’ x 110’ which had originally been two lots that never had a structure on either one of them. The only variance needed is for the lot size. The proposal conforms to all of the other Zoning Regulations.
A Motion was made by R. McIntyre, seconded by A. Spargo to GRANT w/conditions Application 14/15 -09 - Michael Beernaert. The variances are granted with the condition that the existing shed that belongs to the adjacent property owner be removed from the property of the applicant before work begins. Discussion: D. Alexander reminded the applicant not to exceed the 35’ height requirement. No further 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
14/15-10C - William Kenefick seeks a variance of Par 10.7.1 & 10.7.2 (nonconformity enlargement/change); Par 24.5.1 (street line setback/25’ required/9.9’ proposed); Par 24.5.3 (other property line setback/ 15’ required/3.6’ proposed)on property located at 10 Knollwood Drive, Map 4/Lot 154, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The applicant is creating a basement from an existing crawl space. The house is to remain in its exact location but elevated slightly to preserve the house and prevent rot. The enclosure with the water heater is being removed and the Board asked that the shed on the property, which belongs to the neighbor, be moved to the adjoining property.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT w/condition Application 14/15-10C - William Kenefick. The variances are granted with the condition that if any future plans are considered to replace or remove the existing shed/garage that it be relocated to conform to all zoning required setbacks. Also that the limits of the fill on the property be specifically noted on the general site plan and that any measure needed (such as carefully planned grading) be considered to minimize any potential for increased drainage issues for nearby properties. 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, A. Spargo Opposed: P. Broadhurst Abstaining: None The motion passed. 4-1-0
14/15-11C - David L. MacDonald, Jr. seeks a variance of Par 10.8.2 & 10.8.3 (non-conforming lot size/12,500 s.f. required/7,959 s.f. proposed); Par 24.5.1 as modified by 68.1.2B(4) (narrow street setback/35’ required/27’proposed); Par 24.5.3 (other property line setback/15’ required/13’6” proposed); Par 24.6.2 (maximum building/structure coverage/20% allowed/21.5 % proposed); Par 68.1.2.B.9, (tidal wetlands setback/ 50’ required/8’7” proposed to house and 13’6’ proposed to the platform) on property located at 15 Beach View Street, Map 018/Lot 110, Residence A District, Coastal Area Management Zone.
The public hearing was continued to the December 10, 2014 meeting so that the plans could be revised so that the coverage is not greater than the 20% allowed.
A Motion was made by R. McCall, seconded by D. Alexander to CONTINUE the public hearing to the December 10, 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
14/15-12 - Jeffrey & Tamara Pierson, seek a variance of Par 10.7.1 & 10.7.2 (nonconformity enlargement/change); Par 24.5.1 as modified by 68.1.2B(4) (narrow street setback/30’ required/18.5’ proposed) and Par 24.5.3 (other property line setback/ 15’ required/5’ proposed) on property located at 9 Osprey Road, Map 003/Lot 349, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The applicants would like to add two porches to the structure. The porch facing Osprey Road is too close to the road. The Board discussed making the Osprey Road porch smaller. It was stated that the proposal is consistent with the neighborhood.
A Motion was made by R. McIntyre, seconded by P. Broadhurst to GRANT Application 14/15 - 12 - Jeffrey & Tamara Pierson. The variances are granted based on the hardships that were presented by the applicant’s attorney. The lot is large enough to expand further but the applicants decided not to expand further into the rear and side setback due to placement of the septic system and to maintain the mature trees on the property. The application is consistent with the surrounding community and the porch will provide a safer entrance into the front of the house. Also any changing of the size or length of the porch as shown on the drawing will detract from its architectural value. Discussion: R. McCall felt the porch on the Osprey
Road side did not have to be that large, it could be smaller to resolve the entrance issue. D. Alexander agreed. No further discussion and a vote was taken: In favor: P. Broadhurst, R. McIntyre, A. Spargo Opposed: R. McCall, D. Alexander Abstaining: None The motion failed to pass. 3-2-0 It takes 4 affirmative votes to grant a variance. The application is denied.
New Business: 2015 Meeting Schedule
A Motion was made by R. McCall, seconded by R. McIntyre to approve the 2015 Meeting Schedule as submitted with a new time of 7:00 p.m. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, R. McIntyre, A. Spargo, P. Broadhurst Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Letter from Joe Wren, P.E. dated November 12, 2014 requesting an extension of time for The Point, LLC, Dock & Dine variances which were granted on November 13, 2014.
A Motion was made by R. McCall, seconded by R. McIntyre to grant a one year extension of time for the variances for The Point, LLC, Dock & Dine. No discussion and a vote was taken: In favor: R. McCall, R. McIntyre, A. Spargo, P. Broadhurst Opposed: D. Alexander Abstaining: None The motion passed. 4-1-0
Minutes: A Motion was made by R. McCall, seconded by P. Broadhurst to approve the Minutes of the October 8, 2014 Regular Meeting as submitted. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, R. McIntyre, A. Spargo, P. Broadhurst Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Adjournment: A Motion was made by R. McCall, seconded by A. Spargo to adjourn the November 12, 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 9:00 p.m.
Old Saybrook Zoning Board of Appeals
Rexford H. McCall, Chairman
NEXT MEETING OF THE ZONING BOARD OF APPEALS IS WEDNESDAY, DECEMBER 10, 2014, 7:30 p.m., FIRST FLOOR CONFERENCE ROOM, 302 MAIN STREET, OLD SAYBROOK
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