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 Continued/Special Meeting that was held on Wednesday, January 21, 2015 at 7:00 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, Michael E. Cronin, Jr., Esquire, counsel for the ZBA, Christina Costa, ZEO and Kim Barrows, Clerk
Absent: Christopher Billiau, alternate
The meeting was then called to order at 7:00 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.
14/15-20C - Saybrook Point Marina, LLC, seeks a variance of Par 10.7.1 & 10.7.2 (nonconformity enlargement/change); Par. 37.4.2 (street line setback/25’ required/22’.25’ proposed to porch and 19’25” proposed to steps); Par 37.4.3B (side yard setback/15’ when not abutting navigable waterway required/10.5’ proposed to the first floor deck and 11.5’ proposed to open deck at second floor); Par 37.3.2 (maximum height/35’ allowed/42’ proposed) of the Zoning regulations to permit the modification of a previously granted variance to include the addition of a 44.8 s.f. first floor balcony, a 32 s.f. open second floor balcony, 92.4 s.f. expansion of the front porch, vertical expansion of the elevator tower by 1’6” to allow for an elevator shaft and an additional 5’6” for a decorative tower cap
on property located 19 Bridge Street, Map 24/Lot 54, Saybrook Point SP-3 District, Coastal Area Management Zone, Gateway Conservation Zone.
D. Alexander recused herself, C. VonDassel was seated in her place for this one application
The public hearing was continued from last week so that the Board could consider the variances requested based on the evidence presented. The applicant took off the table the request for “storage shed number 2” to be allowed to remain. The removal of the shed was part of reason for the granting of a previous variance on this property. The porch extension request is for the rooflines on the structure so that the meet. When the structure was built in the 1980’s the “road” was a narrow railway. When the railway no longer ran, the road was widened and therefore decreased the frontage on the property. The increase in the height for the elevator tower is due to a design change by the manufacturer.
A Motion was made by R. McIntyre, seconded by A. Spargo to GRANT Application 14/15-20C - Saybrook Point Marina, LLC. The following variances are granted: 1) for the first and second floor decks, the applicant stated that the other buildings within the Saybrook Point Inn complex all have porches and the applicant is trying to maintain its Blue Diamond rating; 2) the front porch, which is now proposed to be 22.25 feet from the streetline and the steps will be a maximum of 19.25’ from streetline, taking into consideration the fact that the applicant is going back to the original porch location that was constructed in 1860; 3) the elevator tower vertical expansion variance for 1’.6”, the design change was dictated by the need to make more room for the elevator mechanics because the design of the
elevator was changed by the manufacturer; and 4) the additional 5’6” for the decorative bell tower cap architectural feature, the bell tower presented does not impose any safety or any problems within the overall neighborhood and that architecturally the bell tower will add greatly to the aesthetics of the building. 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.
Discussion: P. Broadhurst asked about the porch variance and its dimensions. R. McCall went over the variances. Discussion ensued with respect to the ZBA granting the variance for the 5’6” vertical expansion for the decorative bell tower cap which is an architectural feature. Attorney Cronin stated that if the ZBA grants that variance and it goes to the Zoning Commission and they deny it or grant, the Zoning Commission has the right to make that decision, the ZBA can’t take away the Zoning Commissions jurisdiction. P. Broadhurst wanted noted that the shed will remain, it will not be removed.
R. McIntyre amended the original motion to delete any references to the “additional 5’6” variance request for the bell tower. A. Spargo seconded the amendment to the motion. No further discussion and a vote was taken: In favor: R. McCall, A. Spargo, P. Broadhurst, R. McIntyre, C. VonDassel Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
14/15-18 - Silvia Kowolenko, seeks 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/35’ required/ 20’proposed) of the Zoning Regulations to permit construction of a 608 s.f. , one-story, addition on property located at 20 Sea Lane-2, Map 19/Lot 105, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The addition is for an accessory apartment which is allowed in the Residence A District. The existing structure encroaches on the setback more than the addition will. There is no other place on the lot for the addition due to the septic system and the mature trees on the property. The 8’ x 8’ shed will be relocated so that it conforms to the regulations.
A Motion was made by R. McIntyre, seconded by A. Spargo to GRANT w/conditions Application 14/15-18 Silvia Kowolenko. The stipulations are that the 8’ x 8’ shed be moved to a conforming location and that the building be moved back two feet to the east toward the rear setback from what is proposed on the plans 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
14/15-19 - Thomas Shelto, seeks 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/35’ required/ 15.22’ proposed); and Par 24.5.3 (other property line setback/ 15’ required/3.95’ proposed) of the Zoning Regulations to permit construction of a new gable roof to the existing flat roof over the existing front porch and the addition of a new 9 s.f. concrete condenser pad on property located at 87 Chalker Beach Road, Map 18/Lot 154, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The gable roof replaces a deteriorating flat roof on a crumbling brick addition. There was discussion about moving the shed, but a new septic had been installed and the rear of the property is mounded.
A Motion was made by D. Alexander, seconded by R. McCall to GRANT Application 14/15-19 Thomas Shelto. The changes that are going to be made to this structure are purely for structural and maybe cosmetic reasons and there isn’t any room really to make any other changes that would change the setbacks or anything. Effort has been made by putting the pad for the condenser within the structure of the house. The limitations of the lot present the hardship to make it necessary to do it this way. 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
14/15-22 - David & Lisa Szewczul, seek a variance of Par 10.7.1 & 10.7.2 (nonconformity enlargement/change); Par 24.5.3(other property line setback/ 15’ required/12’ proposed to the east) of the Zoning Regulations to permit the construction of a 216 s.f. minor accessory building and a 65 s.f. addition on property located at 14 Sea Lane-1, Map 3/Lot 11, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The applicants proposed a bump out for a small addition to the kitchen that does not have an eat-in area. There is no other place for the addition due to the layout of the kitchen.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT Application 14/15-22 David & Lisa Szewczul. The variances are granted for the proposed breakfast nook with the projection located where the window now exists in the kitchen. The proposal will enhance the use of the home. Because of the peculiarities of the position of the house on the lot there was no other practical way to put this addition. There is no impact to the comprehensive zoning laws. 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
14/15-24 - Roger LaFrancois & Colleen Doyle, seek a modification of a 1983 variance which was granted for detached home occupation retail Christmas shop in order to allow for a detached 632 s.f. accessory apartment on property located at 299 Essex Road, Map 63/Lot 14-1, Residential AA-1 District, Gateway Conservation Zone.
Discussion with respect to the public hearing that closed this evening. In 1983 a variance was granted for a home occupation for a retail shop that was detached. The applicants would like to convert that space into an accessory apartment which will conform to the residential neighborhood. Accessory apartments are allowed in this district, but they are to be attached to the dwelling. This variance is requested so that the accessory apartment can be “detached”. The former commercial use of the property under the former variance is to be abandoned and terminated.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT w/condition Application 14/15-24 Roger LaFrancois & Colleen Doyle. The Board grants the request for the modification of a 1983 variance which permitted a detached home occupation and to allow a detached accessory apartment as permitted under Section 53, Accessory Apartment Special Standards in the Old Saybrook Zoning Regulations, however it will be detached, not attached. The reason is that the parcel will become more conforming going from commercial to residential. The condition is that the former commercial use of the property under the former variance is abandoned and terminated. 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
REGULAR MEETING
Election of Officers:
Chairman: R. McItyre nominated R. McCall to serve as Chairman, D. Alexander seconded the nomination. R. McIntyre moved to close nominations for Chairman, D. Alexander seconded the motion. A vote was taken: In favor: D. Alexander, P. Broadhurst, R. McIntyre, A. Spargo Opposed: None Abstaining: R. McCall The motion passed. 4-0-1 Rexford McCall was elected Chairman.
Vice Chairman: R. McCall nominated D. Alexander to serve as Vice Chairman, R. McIntyre seconded the nomination. R. McCall moved to close nominations for Vice Chairman, R. McIntyre seconded the motion. A vote was taken: In favor: R. McCall, P. Broadhurst, R. McIntyre, A. Spargo Opposed: None Abstaining: D. Alexander The motion passed. 4-0-1 Dorothy Alexander was elected Vice Chairman.
Secretary: R. McCall nominated R. McIntyre to serve as Secretary, A. Spargo seconded the nomination. R. McCall moved to close nominations for Secretary, A. Spargo seconded the motion. A vote was taken: In favor: D. Alexander, R. McCall, P. Broadhurst, A. Spargo Opposed: None Abstaining: R. McIntyre The motion passed. 4-0-1 Robert McIntyre was elected Secretary.
Staff Report: Chris Costa, Zoning Enforcement Officer asked the Board opinion on waiving the requirement for an A-2 survey for a property owner on Walker Avenue, Ms. Rossicone for the replacement of an existing shed. The shed is currently in a conforming location, but the neighboring property owner does not like the placement of it and requested that it be moved. In moving the shed, it will require a variance because it will not meet the setback. The consensus of the Board was that for this application, the requirement of an A-2 survey can be waived.
Adjournment: A Motion was made by R. McCall, seconded by D. Alexander to adjourn the January 21, 2015 Continued/Special Meeting. 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 9:30 p.m.
Old Saybrook Zoning Board of Appeals
Rexford H. McCall, Chairman
NO VARIANCES APPLICATIONS WERE SUBMITTED PRIOR TO THE DEADLINE FOR THE FEBRUARY 11, 2015 MEETING -- NO ZBA MEETING FOR FEBRUARY
THE NEXT REGULAR MEETING OF THE ZONING BOARD OF APPEALS IS WEDNESDAY, MARCH 11, 2015, 7:00 p.m., FIRST FLOOR CONFERENCE ROOM, 302 MAIN STREET, OLD SAYBROOK
| 
