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, April 8, 2015 at 7:00 p.m. to hear the following:
14/15-28 – Leonard Rossicone, seeks a variance of Par 24.5.5C (minor accessory structure setback/10’ required/0’ proposed) of the Zoning Regulations to permit the relocation of a 160 s.f. shed at 14A Walker Avenue Extension, Map 14/Lot 38, Residence A District, Coastal Area Management Zone.
Carl VonDassel seated for this application
Discussion with respect to the public hearing that closed this evening. The request to move the shed, which is currently in an approved and conforming location, was brought before the Board by the applicant because the next door neighbor who recently purchased the property a few weeks prior to the arrival of the shed wanted a better water view. There are no view easements attached to the properties. Granting the variance would go against the charge of the Zoning Board of Appeals to lessen existing nonconformities, not create them. D. Alexander stated that a reason for granting this variance could be to keep the neighborhood “harmonious”. Another neighbor spoke out stating that her view would be taken away if the shed was moved from its existing “conforming” location.
A Motion was made by R. McCall, seconded by C. VonDassel to DENY Application 14/15-28 – Leonard Rossicone. No exceptional difficulty or hardship has been shown by the applicant. Discussion: D. Alexander recanted her comment regarding granting the variance for the purpose of a harmonious neighborhood since another neighbor stated she was opposed to having it moved. No further discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, R. McIntyre, C. VonDassel Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Alan Spargo seated for the other applications
14/15-29 – James & Anne Grace, seek a variance of Par 24.5.5C (minor accessory structure other line setback/10’ required/5’ proposed); Par 24.5.5B (minor accessory structure rear line setback/10’ required/ 4’ proposed); and Par 24.6.2(structure coverage/20% allowed/21.55% proposed) of the Zoning Regulations to permit the construction of a 300 s.f. garage at 48 Coulter Street, Map 37/Lot 94, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The proposal is to take down an existing shed on the west side of the property and replace it with a 20’ x 15’ single car garage which will be 4 feet from the rear property line and 5 feet from the west side yard property line. Coverage is already over the 20% allowed, going from 20.24% to 21.55%. Reasoning for the location of the garage is due to the turning radius of a vehicle, the size and shape of the lot along with the placement of the house and the septic on the lot. In accordance with the Health District the applicant has to maintain a 10 foot separation distance from the garage to the septic system.
A Motion was made by P Broadhurst, seconded by R. McIntyre to GRANT Application 14/15-29 – James & Anne Grace. The variances for the 4’ from the rear property line and the 5’ from the west side yard property line are granted for the new construction of the 20’ x 15’ single car garage. The existing nonconforming shed will be removed and this would reduce the nonconformity with respect to the west side setback. There is a slight increase in the ground coverage for a very minimalistic garage. No discussion and a vote was taken: In favor: R. McCall, A. Spargo, P. Broadhurst, R. McIntyre Opposed: D. Alexander Abstaining: None The motion passed. 4-1-0
14/15-30C – Alfred Wilcox, seeks a variance of Par. 58.2.1 (riparian buffer setback/100’ required/89’ proposed) and Par 58.6 (setback Gateway Conservation Zone/100’ required/89’ proposed) of the Zoning Regulations to permit the demolition and reconstruction of a 3,964 s.f. house at 10 Rivers Ridge Road, Map 53/Lot 32-7, Residence AA-2 District, Coastal Area Management Zone, Gateway Conservation Zone.
Discussion with respect to the public hearing that closed this evening. The structure is located in a 1997 subdivision development where at the time there was a 50’ buffer/setback. The regulations changed a few years later and the Gateway Conservation regulations now require a 100’ setback and riparian buffer. The proposal is to demolish the existing two story structure and construct a one story structure on the existing foundation and add a patio and pool. The hardship is the location of the house and septic on the lot along with the topography on the site.
A Motion was made by R. McIntyre, seconded by A. Spargo to GRANT w/conditions Application 14/15-30C – Alfred Wilcox. The variances are granted for the encroachment into the 100’ setback for the reasons outlined by the attorney, i.e. the location of the septic, the topography on the western side of the property, the property involved in a regulatory change with respect to the regulations and the Gateway Commission was not opposed to the proposal. The impervious surface on the property is to remain neutral, therefore there will be no increase in the impervious surface. In accordance with the condition from the DEEP and the Gateway Commission the numerous mature trees located on site between the existing/proposed structure and the marsh not be removed. 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, R. McIntyre Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
14/15-31C – Andreas Motolanez & Dianna C. Galustain, seeks a variance of Par 10.7.1 & 10.7.2 (nonconformity enlargement/change); Par 21.5.1 (street line setback/25’ required/20.4’ proposed) and Par 24.5.3 (other property line setback/15’ required/12.26’ proposed to west and 11.20’ proposed to east) of the Zoning Regulations to permit the construction of a 666 s.f. second story addition at 19 Sound View Avenue-2, Map 22/Lot 127, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The proposal is to add a second floor to the existing structure. The second floor will be recessed in slightly from the first floor, there is no increase in the existing footprint. The hardship is the narrowness of the lot and the placement of the house on the 50’ wide lot. There is no other land available to add to this lot. Lots surrounding this property are either 100’ or 150’ in width. The proposal is in harmony with the neighborhood.
A Motion was made by D. Alexander, seconded by R. McIntyre to GRANT Application 14/15-31C – Andreas Motolanez & Dianna C. Galustain. The request is entirely reasonable and consistent with the neighborhood. The unusually narrow lot for the neighborhood is the hardship, there is no other space to expand the living space into. 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, R. McIntyre Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
New Business: A letter dated March 30, 2015 from Michael Rios regarding a variance granted on April 9, 2014 with respect to 10B Walker Avenue to demolish the exiting house and construct a 1,998 s.f. house which will meet FEMA codes and he is asking for an extension of time to start the project since he was unable to find a contractor in the timeframe allotted.
A Motion was made by R. McCall, seconded by A. Spargo to grant a one year extension for the variance granted on April 9, 2014 for the project at 10B Walker Avenue. 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 March 11, 2015 Regular Meeting, as submitted. No 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
Adjournment: A Motion was made by R. McCall, seconded by R. McIntyre to adjourn the April 8, 2015 Regular 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 8:40 p.m.
Old Saybrook Zoning Board of Appeals
Rexford H. McCall, Chairman
NEXT MEETING OF THE ZONING BOARD OF APPEALS IS WEDNESDAY, MAY 13, 2015, 7:00 p.m.,
FIRST FLOOR CONFERENCE ROOM, 302 MAIN STREET, OLD SAYBROOK
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