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, July 8, 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, Alan Spargo and Carl VonDassel, Jr., alternate
Present: Kim Barrows, Clerk
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 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.
14/15-39C- 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
Discussion with respect to the public hearing that closed this evening. The house was built in 1923 as a year-round structure. The structure will be torn down and rebuilt, the new structure will be elevated to FEMA compliance and the main structures will be moved further from the property lines than what exist. The proposed house is moved 10’ further east off Town Beach Road then presently. The house will remain at the same distance off Indianola Drive and off the southern side yard setback. The existing garage is located one foot from the southern property line and the new attached garage is located 10.13 feet, therefore, there are substantial reductions in nonconformities. Additionally the pavement is 28 feet from the northern property line. Applicants are doing everything
possible to mitigate ponding water and runoff on their property. P. Broadhurst stated that the house which currently is 1,609 s.f. and has a garage, porch and wood deck, will increase to 3,644 s.f. with an attached garage. Mr. Broadhurst feels that the proposed house is too large and wide for the size of the lot and the surrounding neighborhood. Mr. Spargo did not agree with findings from either engineer with respect to mitigating ponding water and water runoff in the area. Mr. Spargo was uncomfortable about jamming a lot of house into a very small lot. D. Alexander felt it was consistent with the way the neighborhood was built.
A Motion was made by R. McCall, seconded by D. Alexander to GRANT w/condition Application 14/15-39C - Robert Daniels. The hardship is the tight lot, but there are improvements made to some of the other existing nonconformities. The concerns with respect to the area that has ponding/flooding on the property has been addressed quite thoroughly by two engineers. The condition is that the entire structure for infiltration galleries /dry wells will be examined for approval by the Town Engineer once they are constructed and before they are covered by any fill. 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, R. McIntyre Opposed: P. Broadhurst Abstaining: A. Spargo The motion failed to pass. 3-1-1 It takes four affirmative votes to grant a variance
14/15-43- Frank & Rita Stanislawscyk, seeks a variance of Par 10.8.2 & 10.8.3 (non-conforming lot size/12,500 s.f. required/4,000 s.f. proposed); Par 24.5.1 as modified by 68.1.2B(4) (narrow street setback/30’ required/20.2’ proposed); Par 24.5.3 (other line setback/15’ required/8.8’ to the north and 6.9’ to the south proposed); Par 24.6.1 (gross floor area/40% (1,600 s.f.) allowed/49.2% (1,968 s.f.) proposed); Par 24.6.2 (maximum structure coverage/20% (800 s.f.) allowed/30.4% (1,214 s.f.) proposed) of the Zoning Regulations to permit demolition of existing structure and construct 1,968 s.f. house at 8 Pratt Road, Map No. 001/Lot 069, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The proposal is to demolish existing cottage and construct a new four-season home with hurricane code construction. A new code compliant septic system will be installed. The building/structure coverage is being reduced from 37.5% to 30.4%. Even though there is a reduction in the coverage percent, D. Alexander felt that since it is new construction, and the Board has held firm in granting a variance to increase the coverage over the 20% allowed in almost all cases, that she could not grant this one. D. Alexander also felt that sufficient hardship had not been shown. P. Broadhurst stated that the building height of 32’ was too high for the structure and would loom over the neighbors’ property. It was agreed
that the height of the structure would be no more than 28’. R. McIntyre felt good effort was made in reducing some of the existing nonconformities. The proposal is also an improvement to the neighborhood.
A Motion was made by R. McIntyre, seconded by A. Spargo to GRANT w/ condition Application 14/15-43 - Frank & Rita Stanislawscyk. The applicant has reduced the size of the house size. The southern sideline has been moved in an additional three feet giving more distance to the neighboring house. The existing nonconforming shed is being removed and the removal of an existing nonconformity constitutes a hardship. No discussion and a vote was taken: In favor: R. McCall, P. Broadhurst, R. McIntyre, A. Spargo Opposed: D. Alexander Abstaining: None The motion passed. 4-1-0
A Motion was made by R. McCall, seconded by R. McIntyre to change the order of the agenda to move Application 14/15-45 – Robert & Karen Klein to be heard before Application 14/15-44C – Rosalie Keough Ando. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, P. Broadhurst, R. McIntyre, A. Spargo Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
14/15-45 - Robert & Karen Klein, seek a variance of Par 10.8.2 & 10.8.3 (non-conforming lot size/12,500 s.f. required/9,854 s.f. proposed) of the Zoning Regulations to permit demolition of existing structure and construct 2,255 s.f. house at 82 Chalker Beach Road, Map 18/Lot 72, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The only variance needed is for the size of the lot. The structure will be elevated to meet the FEMA Flood Regulations and a new code compliant septic system will be installed.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT Application 14/15-45 - Robert & Karen Klein. The hardship is mitigated by the fact that all of the nonconformities are being eliminated. The size of the lot is the only variance being granted and this lot is one of the larger lots in the beach area. 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
P. Broadhurst recused himself and C. VonDassel was seated for this application only
14/15-44C-Rosalie Keough Ando, 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/27.7’ to stairs and 31’ to house proposed) and Par 24.5.3 (other line setback/15’ required/10.1 proposed) of the Zoning Regulations to permit construction of 141 s.f. in first floor additions, a 1,082 s.f. second story addition, and 110 s.f. deck and stairs at 61 Sea Lane #2, Map 19/Lot 242, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The proposal is to elevate the existing structure and square off the corners. The structure when built in 1950 complied with the zoning regulations at the time. The existing shed is to remain.
A Motion was made by C. VonDassel, seconded by R. McIntyre to GRANT Application 14/15-44C -Rosalie Keough Ando. The variances as submitted are granted. The structure conforms to all the zoning regulations that were in effect since 1950 when the structure was and has been owned by the same family since. 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
P. Broadhurst seated for remainder of the meeting
New Business:
Letter dated June 12, 2015 from Eric and Karin Chellstorp of 137 Nehantic Trail requesting an additional one year extension for variance 12/13-47C in connection with a letter from Elaine Hinsch of the DEEP dated July 6, 2015 recommending that the project should be conducted outside of the breeding season for saltmarsh sharp-tailed sparrows (August 15th through May 15th the following year) to minimize potential impacts to these species.
A Motion was made by P. Broadhurst, seconded by R. McCall to extend the approval of the Varinace 12/13-47C, 137 Nehantic Trail to May 15, 2016. The project should be conducted outside of the breeding season for saltmarsh sharp-tailed sparrows. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, P. Broadhurst, R. McIntyre, A. Spargo Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Minutes: A Motion was made by D. Alexander, seconded by R. McCall to approve the Minutes of the June 10, 2015 Regular Meeting as submitted. No discussion and a vote was taken: In favor: D. Alexander, R. McCall, P. Broadhurst, R. McIntyre, A. Spargo Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Adjournment: A Motion was made by P. Broadhurst, seconded by R. McCall to adjourn the July 8, 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, A. Spargo 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 REGULAR MEETING OF THE ZONING BOARD OF APPEALS IS WEDNESDAY, AUGUST 12, 2015, 7:00 p.m., FIRST FLOOR CONFERENCE ROOM, 302 MAIN STREET, OLD SAYBROOK
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