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, August 12, 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, Philip Broadhurst, Robert McIntyre, Alan Spargo and Carl VonDassel, Jr., alternate
Present: Kim Barrows, Clerk
Absent: Dorothy Alexander, Vice Chairman
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.
15/16-01 Robert Finkeldey, seeks a Certificate of Location for Automotive Use per CGS 14-54(b), at 4 Custom Drive, Map 46/Lot 1-2, Gateway Business B-4 District.
Discussion with respect to the public hearing that closed this evening. Custom Drive is not unused to having automotive uses in the area. The Department of Motor Vehicles is on Custom Drive and the Emissions Testing Building was once there as well. The applicant will have to go to the Zoning Commission for a Special Permit as well. Cardone & Daughter will occupy 9,800 s.f. of the space and Finkeldey will occupy 9,177 s.f. for storage of chemical toilets and a few trucks. The automotive use is for mechanical work only, 9 employees and an occasional car for sale.
A Motion was made by R. McIntyre, seconded by C. VonDassel to APPROVE the Certificate of Location for Automotive Use per CGS 14-54(b) located at 4 Custom Drive as requested since the area has had automotive use past and present and the DMV is located on Custom Drive. It will not impact any residential area. No discussion and a vote was taken: In favor: R. McCall, P. Broadhurst, R. McIntyre, A. Spargo, C. VonDassel Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
15/16-02 Michael J. and Maureen E. Kapij, seek a variance of Par 10.8.2 & 10.8.3 (non-conforming lot size/12,500 s.f. required/8,437 s.f. proposed); Par 24.5.2 (rear line setback/15’ required/9.9’ proposed) and Par 24.5.1 as modified by 68.1.2B(4) (narrow street setback/30’ required/24.3’ proposed) of the Zoning Regulations to permit demolition of existing structure and construct 2,815 s.f. house at 29 Sea Breeze Road, Map No. 003/Lot No. 176, 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 build a new single family structure with a two car garage. The property has three street setbacks that need to be met. The property is not located in a flood zone. There is a new code compliant septic system on the property. Setbacks are being improved and the existing two garages are being removed resulting in a reduction of the existing nonconformities.
A Motion was made by R. McIntyre, seconded by A. Spargo to GRANT w/condition Application 15/16-02 Michael J. and Maureen E. Kapij. The variances requested are granted based on the fact that they have eliminated a lot of existing nonconformities, i.e. the two existing garages are removed, the setbacks have been improved and the applicant has explained the reasoning for the placement of the structure further from Indianola Drive which is a heavily traveled road. The hardship is that the lot is bordered on three sides by streets, two of them being narrow streets. The condition is that the double door noted on the plan into the side of the garage be made a single door as requested by the neighbor. No discussion and a vote was taken: In favor: R. McCall, P. Broadhurst, R.
McIntyre, A. Spargo, C. VonDassel Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
15/16-03 Harry Dauphinais, seeks a variance of Par 68.1.2B(8) (minor accessory structure setback/5’ required/.94’ proposed to the west and 1.58’ to the north) of the Zoning Regulations to permit the construction of a 96 s.f. shed at 5 Gagnon Avenue, Map No. 18/Lot 65, Residence A District, Coastal Area Management Zone.
The public hearing remained open so that the applicant could go back to the Health District to confirm that the shed could not conform to a larger setback. The Board felt that the setbacks requested were too close to the property lines. R. McCall asked if it could move over 3.8’ to the east. The consensus of the Board was to hold open the hearing for verification from the Sanitarian to move further from the property lines since right now the shed is 0.94’ from the west property line and 1.58’ from the north property line. There was discussion between the Board members and the applicant about maintaining at least three feet from either property line (the north and west lines).
A Motion was made by R. McCall, seconded by R. McIntyre to CONTINUE Application 15/16-03 Harry Dauphinais to the Special Meeting being held on Wednesday, August 19, 2015 at 7:00 p.m. in the first floor conference room, Town Hall, 302 Main Street in order to obtain verification from the Sanitarian as to moving the shed further away from the property lines. No discussion and a vote was taken: In favor: R. McCall, P. Broadhurst, R. McIntyre, A. Spargo, C. VonDassel Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
15/16-04 Cynthia Latina & Paul Hallinan, Sr. seek a variance of Code of the Town of Old Saybrook, Chapter 128-9, Article III of the Flood Plain Management which requires that no structure be extended or modified without full compliance with the Flood Plain Management Ordinance (Chapter 128 of the Code).~ The proposed renovations/additions to the existing year round dwelling will constitute “substantial improvement” in the FEMA designated AE12 Flood Zone plus one additional foot of freeboard for a minimum structure elevation requirement of 13 feet (NAVD88 datum).~ The request is to allow the first floor of the structure to remain at its existing elevation of 12.9 feet (NAVD88 datum) which exceeds minimum FEMA requirements in the AE 12 Zone however does not meet the higher standards outlined in the Code of
the Town
of Old Saybrook. 57 Chalker Beach Road, Map 18/Lots122 & 166, Residence A District, Coastal Management Zone, FEMA Flood Zone AE12.
Discussion with respect to the public hearing that closed this evening. The existing structure is at elevation 12.9’ the difference between 12.9’ and 13’ will be floor box flood proofed to become flood resistant. The structure meets the FEMA regulations of 12’. P. Broadhurst asked if the Board was compromising the Town by not meeting the regulations for 13’. The extra foot is a requirement imposed by the zoning regulations which is stricter than FEMA. In all reality, once done, the structure will be flood proofed to meet elevation 13’.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT Application 15/16-04 Cynthia Latina & Paul Hallinan, Sr. The variances are approved so that the exiting portion of the structure can remain at elevation 12.9’ since everything below that meets FEMA (elevation 12). It is short of the extra one foot imposed by the zoning regulations. That portion of the structure from 12.9’ to 13’ will be floor box flood proofed to be made flood resistant. No discussion and a vote was taken: In favor: R. McCall, P. Broadhurst, R. McIntyre, A. Spargo, C. VonDassel Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Cynthia Latina & Paul Hallinan, Sr., seek approval of a Coastal Site Plan Application submitted in conjunction with an Application for Certificate of Zoning Compliance #15-123 to the ZEO for administrative approval of additions/renovations to 57 Chalker Beach Road, Map 18/Lots122 & 166, Residence A District, Coastal Management Zone.
Discussion with respect to the public hearing that closed this evening. This is for just the Coastal Site Plan Application that accompanied a Certificate of Zoning Compliance. No variances are being sought, everything meets all of the zoning requirements.
A Motion was made by C. VonDassel, seconded by R. McIntyre to APPROVE the Coastal Site Plan Application submitted in conjunction with an Application for Certificate of Zoning Compliance #15-123 to the ZEO for administrative approval of additions/renovations to 57 Chalker Beach Road. 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, P. Broadhurst, R. McIntyre, A. Spargo, C. VonDassel Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
15/16-05C David M. & Sharon R. Forrest, seek a variance of Par. 10.7.1 & 10.7.2 (non-conformity enlargement/change); Par. 24.5.3 (other property line setback/15’ required/4.2’ to north proposed) of the Zoning Regulations to permit the construction of 364 s.f. additions at 3 West Shore Drive, Map 1/Lot 149, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The renovations/ improvements are under the 50% rule, where the cost of those improvements does not exceed 50% of the appraised value of the structure, if it did, the entire structure would have to meet the FEMA flood regulations plus one foot in accordance with the Town’s regulations. There is a reduction in the amount of livable area that does not conform to FEMA. Applicant is reducing nonconformities to the flood regulations. Also an elimination of an existing nonconformity “in spirit” by removing the concrete patio.
A Motion was made by R. McIntyre, seconded by A. Spargo to GRANT w/condition Application 15/16-05C David M. & Sharon R. Forrest. The applicants’ requests for variances are granted for the reasons stated above. The existing living space is being moved out of the flood area. Flood vents will be put in and noted on the site plan. 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, P. Broadhurst, R. McIntyre, A. Spargo, C. VonDassel Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Minutes: A Motion was made by A. Spargo, seconded by R. McIntyre to approve the Minutes of the July 8, 2015 Regular Meeting, the Minutes of the July 29, 2015 Special Meeting and the Minutes of the August 5, 2015 Special Meeting, as submitted. Discussion: P. Broadhurst wanted to note that it was not made part of the motion but part of the discussion with respect to Application No. 14/15-43 for 8 Pratt Road that the height of the structure was going from 32’ to 28’ and was confirmed at the meeting by Mike Satmary the builder. The change in height was the only reason Mr. Broadhurst voted in favor of that application. No further discussion and a vote was taken: In favor: R. McCall, P. Broadhurst, R. McIntyre, A. Spargo, C. VonDassel Opposed: None
Abstaining: None The motion passed unanimously. 5-0-0
Adjournment: A Motion was made by A. Spargo, seconded by R. McIntyre to adjourn the August 12, 2015 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, P. Broadhurst, R. McIntyre, A. Spargo, C. VonDassel Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 9:35 p.m.
Old Saybrook Zoning Board of Appeals
Rexford H. McCall, Chairman
NEXT REGULAR MEETING OF THE ZONING BOARD OF APPEALS IS WEDNESDAY, SEPTEMBER 9, 2015, 7:00 p.m., FIRST FLOOR CONFERENCE ROOM, 302 MAIN STREET, OLD SAYBROOK
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