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, June 10, 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, Philip Broadhurst, Robert McIntyre and Carl VonDassel, Jr., alternate
Present: Christina Costa, Zoning Enforcement Officer and Kim Barrows, Clerk
Absent: Alan Spargo
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.
14/15-36(a) Kevin & Colleen Shay appeal of the Zoning Enforcement Officer’s response to the Application for Certificate of Zoning Compliance 15-068 dated April 29, 2015 for property located at 23 Otter Cove Dr. (aka 11 Azalea Way), Map No. 64/Lot No. 14 Residence AA-3 District, Coastal Area Management Zone, CT River Gateway Conservation Zone.
14/15-35 – Kevin & Colleen Shay seek a variance of Par. 26.3.1(minimum lot area/87,120 s.f. required/86,275.11 s.f. proposed) of the Zoning Regulations to permit subdivision of 173,401.22 s.f. (3.98 acres) to two building lots of 87,126.11 s.f. (2 acres) and 86,275.11 s.f. (1.98 acres) on property located at 23 Otter Cove Drive (aka 11 Azaela Way) , Map No. 64, Lot No. 14, Residence AA-3 District, Coastal Area Management Zone, CT River Gateway Conservation Zone.
On June 2, 2015 a letter was received from Robert I. Reardon, Jr., Esquire stating that “The Town Attorney suggested that I submit by e-mail a consent to the extension in order to allow the matter to be taken up at the July 29, 2015 meeting and in August.”
A Motion was made by R. McCall, seconded by R. McIntyre to defer the opening of the public hearing on Variance Applications 14/15-36(a) Kevin & Colleen Shay appeal of the Zoning Enforcement Officer and 14/15-35 – Kevin & Colleen Shay until the meeting scheduled for July 29, 2015 at 7:00 p.m. in the First Floor Conference Room, Town Hall, 302 Main Street, Old Saybrook. Because the public hearing in the above matters will be scheduled to occur on July 29, 2015 which is more than 65 days after the filing of the application the applicants hereby consent to an extension of time to schedule this hearing as allowed under the provisions of Connecticut General Statutes §8-7d(a). No discussion and a vote was taken: In favor: D. Alexander, R. McCall, P.
Broadhurst, R. McIntyre, C. VonDassel Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
14/15-37- R&R Residential Redesign seeks a variance of Par 10.7.1 & 10.7.2 (nonconformity enlargement/change) and 24.5.1 as modified by 68.1.2B(4) (narrow street setback/30’ required/13.5’ proposed)of the Zoning Regulations to permit the construction of a 150 s.f. deck with stairs at 7 Fourth Avenue, Map No. 59/Lot No. 18, Residence A Zoning District, Coastal Area Management Zone, CT River Gateway Conservation Zone.
Discussion with respect to the public hearing that closed this evening. The applicants would like to take the existing front door and stoop (which intrudes into the front setback) and move the entrance to the house to the left. By adding a small deck with stairs off to the side and a new door, there will be no further encroachment into the front setback than already exists. Also every home needs at least two forms of egress.
A Motion was made by R. McIntyre, seconded by P. Broadhurst to GRANT Application 14/15-37- R&R Residential Redesign. No discussion and a vote was taken: In favor: R. McCall, P. Broadhurst, R. McIntyre, C. VonDassel Opposed: D. Alexander Abstaining: None The motion passed. 4-1-0
14/15-38C- Robert J. & Patricia M. Samek seek a variance of Par 10.8.2 & 10.8.3 (non-conforming lot size/12,500 s.f. required/9,248 s.f. proposed); Par 24.5.1 as modified by 68.1.2B(4) (narrow street setback/30’ required/25.5’ proposed) and Par 68.1.2.B.9, (tidal wetlands setback/ 50’ required/32.5’proposed) of the Zoning Regulations to permit demolition of existing structure and construct 3,560 s.f. house at 32 Edwards Road, Map No. 007/Lot No. 003, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The proposal is to tear down the existing structure and rebuild a more conforming structure in its place. The house will be elevated to 17.0 feet in compliance with FEMA and will have a new septic system. The new home will have reduced setbacks for all three existing nonconformities.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT Application 14/15-38C- Robert J. & Patricia M. Samek. The decrease in the nonconformities is a plus. Also 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, R. McIntyre, C. VonDassel Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
14/15-39C- Robert Daniels, seeks a variance of Par 10.8.2 (non-conforming lot); Par 24.5.1 as modified by 68.1.2B(4) (narrow street setback/30’ required/1.5’ to house and .6’ to steps proposed)Par 24.5 (front yard setback/25’ required/22’ proposed); and Par 24.5.3 (side yard setback/15’ required/7.44’ to house and 3.3’ to condenser proposed) of the Zoning Regulations to permit demolition of existing structure and construct 3644 s.f. house at 85 Town Beach Road, Map No. 002/Lot 013, Residence A District, Coastal Area Management Zone
Per letter dated June 10, 2015 from Attorney Edward Cassella, the attorney for Robert Daniels, he has requested that the opening of the public hearing for 85 Town Beach Road be extended to the July 8, 2015 Regular Meeting at 7:00 p.m., First Floor conference room, Town Hall.
14/15-40 – 75 Old Saybrook, LLC, seeks a variance of Par 64.5.3A (free standing signs per lot/allows 1 per lot/2 per lot proposed) and Par 64.5.3B1 ( number and area of wall signs/ allows signs on a maximum of two walls per building /sign on the 3rd wall, 30 s.f. proposed) of the Zoning Regulations to permit additional signage at 75 Main Street, Map No. 37/Lot No. 36 , Central Business B-1 District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The Zoning Commission has approved a free standing signs for the corner of Main and Elm Street with the street number on top (“75”). The variance request is for an additional free standing sign on Elm Street, but his sign does not need the street number.
A Motion was made by R. McIntyre, seconded by C. VonDassel to GRANT Application 14/15-40 – 75 Old Saybrook, LLC. The variances as requested are granted as follows: there will be two wall signs allowed which will be located on the third wall facing Main Street, those signs are to be no larger than 15 square feet each and the second free standing on the corner of Elm Street and Pond Road will be no larger than 12 square feet, the maximum permitted. No 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
14/15-41C – Scott & Elena Ling, seek a variance of Par 10.7.1 & 10.7.2 (nonconformity enlargement/change), Par 68.1.2b9 (tidal wetlands setback/50’ required/28.9’ to deck and 41.8 to septic system proposed) of the Zoning Regulations to permit renovation, expansion, decks, in-ground pool and new septic at 54 Old Post Road, Map no. 20/Lot No. 2, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The applicants are eliminating over 350 s.f. of encroachment into the tidal wetlands. They are building a second story over the existing first floor footprint. There are only two variances requested. The tidal wetlands setback has changed since the house was built in 1979. The house very closely meets the FEMA flood elevation of 12’, the finished floor is 12’7”. The bottom 3” will be flood/water proofed and the basement will be filled and the crawl space will have flood vents.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT Application 14/15-41C – Scott & Elena Ling. The applicant is reducing some of nonconformities, mainly the ones in the 50’ buffer into the tidal wetlands. Also 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, R. McIntyre, C. VonDassel Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
14/15-42 – Michael & Lisa Foster, seek a variance of Par 10.8.2 & 10.8.3 (non-conforming lot size/12,500 s.f. required/9,000 s.f. proposed); Par 24.5.1 (street line setback/25’ required/21’ proposed) and Par 24.5.3(other property line setback/15’ required/10.6’ to new addition
proposed) of the Zoning Regulations to permit demolition and reconstruction of 2,150 s.f. house on existing foundation at 44 Neptune Drive, Map No. 4/Lot No. 218, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The applicants were granted variances in December, 2014 to add a second floor over the existing structure. When the builder started the project he noted that the existing foundation was not sufficient enough to hold the second floor addition. The proposal now is to demolish and reconstruct on a new foundation that is the exact same location. The setback variances are exactly the same as the ones proposed in December, 2014.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT Application 14/15-42 – Michael & Lisa Foster. It is identical basically from what has already been approved in December, 2014. There is no further change on the streetline and sideline encroachments. No 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
Minutes: A Motion was made by R. McCall, seconded by R. McIntyre to approve the Minutes of the May 13, 2015 Regular Meeting as submitted. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, 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 June 10, 2015 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, C. VonDassel Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 9:15 p.m.
Old Saybrook Zoning Board of Appeals
Rexford H. McCall, Chairman
NEXT MEETING OF THE ZONING BOARD OF APPEALS IS WEDNESDAY, JULY 8, 2015, 7:30 p.m., FIRST FLOOR CONFERENCE ROOM, 302 MAIN STREET, OLD SAYBROOK
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