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 at its Regular Meeting that was held on Wednesday, December 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, Christina Costa, ZEO 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.
14/15-11C - 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) and Par 68.1.2.B.9, (tidal wetlands setback/ 50’ required/9’ 9” proposed to the platform) on property located at 15 Beach View Street, Map 018/Lot 110, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The matter had been continued from last month in order to reduce the building/structure coverage. The applicant has also eliminated many of the variances previously requested in the application, i.e. Par. 24.5.1(narrow street setback), Par. 24.5.3 (other property line), Par 68.1.2.B.9 (tidal wetlands setback for the house) and Par. 24.6.2 (maximum building/structure coverage).
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT Application 14/15- 11 C – David L. MacDonald, Jr. The concerns mentioned last month have been addressed. The only concern really is with the house being within the 50’ tidal wetlands setback. The hardship is that to enforce that literally, the lot would be useless. Sufficient hardship has been shown. 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, A. Spargo, R. McIntyre Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
14/15-13 - 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) of the Zoning Regulations to permit construction of an 894 s.f. addition which includes a second story and front and side porches 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. A variance application for the applicants was denied last month which requested a front porch that extended too much into the front setback and the narrow road. The applicants took into consideration the comments from the Board and changed the plans from a front porch to a portico over the existing stoop. The architecture is pleasing and consistent with the neighborhood.
A Motion was made by D. Alexander, seconded by R. McIntyre to GRANT Application 14/15 - 13 – Jeffrey & Tamara Pierson. The appellant took into consideration what the ZBA said last month and the new plans submitted conform to the wishes of the Board with respect to the porch size and it being too close to the road. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, A. Spargo, R. McIntyre Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
14/15-14C - Chris Mariano, seeks a variance of Par 10.7.1 & 10.7.2 (nonconformity enlargement/change); Par 24.5.1 (street line setback/25’ required/14.6’ to steps & 18.8’ to house proposed); Par 24.5.3 (other property line setback/ 15’ required/9.8’ proposed); Par 24.6.2 (maximum building/structure coverage/20% allowed/21.6 % proposed); and Par 68.1.2.B.9, (tidal wetlands setback/ 50’ required/40’ proposed) of the Zoning Regulations to permit construction of a 1,109 s.f second floor addition and grading and tree removal to ensure the structure will meet FEMA regulations and codes on property located at 27 Woodland Drive, Map 4/Lot 57, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The coverage is slightly over the 20% allowed due to the eaves which are counted in coverage and the wetland area which can’t be counted in the coverage calculation. If the wetlands area was counted in the coverage calculation, the coverage percentage would be 14%. The existing footprint remains the same.
A Motion was made by R. McIntyre, seconded by D. Alexander to GRANT Application 14/15- 14 C – Chris Mariano. The applicant has shown a reduction in the existing coverage. It is not at the 20% but there has been an effort made to reduce it. Another consideration is that the wetlands area cannot be used in the coverage calculation. The house footprint and the existing deck are already there. Sufficient hardship has been shown as outlined in the application. 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, A. Spargo, R.
McIntyre Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
* A Motion was made by R. McCall, seconded by A. Spargo to change the order of the agenda as follows: Application 14/16-16C – Foster to be heard before application 14/15-15C. In favor: R. McCall, D. Alexander, P. Broadhurst, A. Spargo, R. McIntyre Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
14/15-16C - Michael & Lisa Foster, seek a variance of Par 10.7.1 & 10.7.2 (nonconformity enlargement/change); Par 24.5.1 (street line setback/25’ required/21’proposed); Par 24.5.3 (other property line setback/ 15’ required/5’ proposed to existing hatch and 10’6” proposed to existing
house) of the Zoning Regulations to permit construction of a second story addition, new front entry and new front porch on property located at 44 Neptune Drive, Map 4/Lot 218, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The existing footprint of the house remains the same. The second floor addition will be over the main part of the existing structure which does not intrude into the front setback. The structure will remain a two bedroom year round house. There will no further intrusion into the setbacks than already exist.
A Motion was made by P. Broadhurst, seconded by A. Spargo to GRANT Application 14/15- 16 C – Michael & Lisa Foster. The hardship essentially is the existing lot and the placement of the house on the lot. The applicant is working with the existing nonconformities as best they can and there is a slight reduction in lot coverage. They are not adding anymore building in the street setback. 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, A. Spargo, R. McIntyre Opposed: None Abstaining: None The motion passed
unanimously. 5-0-0
14/15-15C - Igor & Marie Alvarado, seek a variance of Par 10.8.2 & 10.8.3 (non-conforming lot size/12,500 s.f. required/4,400 s.f. proposed); Par 24.5.3 (other property line setback/ 15’ required/ 3.5’ (NW steps), 7.6’ (house) proposed on the western side and 11.6 (house) proposed on the eastern side); Par 24.5.1 as modified by 68.1.2B(4) (narrow street setback/40’ required/ 8.7’ (to steps) and 12.7’ (house) proposed); and 24.6.2 (maximum building/structure coverage/ 20% allowed/22% proposed) of the Zoning Regulations to permit the demolition of existing structure and construction of a 1,688 s.f. house which will meet FEMA regulations and codes on property located at 6 Tucker Road, Map 18/Lot 80, Residence A District, Coastal Area Management Zone.
After two hours of testimony from the applicant’s engineer, the attorney hired by the abutting neighbor and a letter from the neighbor’s engineer, the Board by consensus, made the decision to hire a consulting engineer to review the file and all the information submitted at the meeting. The Board will review all of the information and consult with counsel as well. There were several issues discussed by all parties with respect to water runoff and poor drainage.
A Motion was made by R. McCall, seconded by R. McIntyre to CONTINUE the public hearing on Application 14/15-15C - Igor & Marie Alvarado to the January 14, 2015 Regular Meeting. The reason for the continuance is so that the consulting engineer for the ZBA can review the application and the letter from Tom Metcalf, P.E. and the ZBA can digest all of the information submitted at the meeting by the neighbor’s attorney, engineer and applicant’s engineer. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, A. Spargo, P. Broadhurst, R. McIntyre Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Minutes: A Motion was made by R. McCall, seconded by R. McIntyre to approve the Minutes of the November 12, 2014 Regular Meeting as submitted. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, A. Spargo, P. Broadhurst, R. McIntyre 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 December 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, A. Spargo, R. McIntyre Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 10:30 p.m.
Old Saybrook Zoning Board of Appeals
Rexford H. McCall, Chairman
NEXT MEETING OF THE ZONING BOARD OF APPEALS IS WEDNESDAY, JANUARY 14, 2015, 7:30 p.m., FIRST FLOOR CONFERENCE ROOM, 302 MAIN STREET, OLD SAYBROOK
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