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, October 14, 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, Alan Spargo, Philip Broadhurst
and Carl VonDassel, Jr., alternate
Present: Christina Costa, ZEO and 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.
C. VonDassel seated for this application in lieu of P. Broadhurst who was not present when the public hearing opened last month.
15/16-09 - Ken Slight & Paula Horton, seek a variance of Par. 10.7.1 & 10.7.2 (non-conformity enlargement/change) ; Par 24.5.1 as modified by 68.1.2B(4) (narrow street setback/30’ required/21.2’ proposed); Par. 24.6.2 (building/structure coverage/20% required/21.1% proposed); Par 24.5.3 (other line setback/15’ required/9.7’ proposed); Par. 68.1.2B9 (tidal wetlands setback/50’ required/32’ proposed) of the Zoning Regulations to permit the addition of 331 s.f. in deck additions and stairs at 115 Nehantic Trail, Map 19/Lot 18, Residence A District, Coastal Area Management Zone.
The public hearing was continued from last month in order for the applicant to consider a “final” plan with respect to the hardscapes [large stone patio and walkways] on the property that are within the tidal wetlands setback. Mr. Reeves, agent for the applicant submitted a new plan with a revision date through September 21, 2015 which depicts the walkways that are to remain, the removal of the shed and the adjustment of the deck size reducing it one foot. With the removal of the large stone patio and replacing it with a raised deck, the applicants are increasing the impervious surface.
A Motion was made by R. McIntyre, seconded by C. VonDassel to GRANT Application 15/16-09 - Ken Slight & Paula Horton. There has been a reduction in ground coverage and the existing nonconforming shed has been removed. There will also be more impervious surface on the property with the higher deck and the removal of “hardscape”. The plan approved by this Board has a revision date through 9/21/15. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, R. McIntyre, A. Spargo, C. VonDassel Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
P. Broadhurst seated for the remainder of the meeting.
15/16-10C - Richard A. Long & Gloria E. Zailskas, seek a variance of Par. 10.7.1 & 10.7.2 (non-conformity enlargement/change); Par 24.5.2 (side yard setback/15’ required/9.16
proposed); Par. 68.1.2.B.9 (tidal wetlands setback/50’ required/22.42’ proposed) of the Zoning
Regulations to permit an 85 s.f. deck expansion at 15 Buckingham Avenue, Map 14/Lot 116, Residence A District, Coastal Area Management Zone.
During the discussion in the public hearing it was noted that a variance for ground coverage was not listed in the legal notice. The proposal exceeds the required 20% coverage by 1.4%. The deck as it has been reconfigured is a 6’ x 22’ deck with stairs on the side which computes to 80 s.f. above the 20% coverage allowed which according to the applicants attorney is a reasonable increase for the deck. The public hearing is being continued to next month in order to re-notice the variance request to include an increase in coverage.
A Motion was made by R. McCall, seconded by D. Alexander to CONTINUE the public hearing Application 15/16-10C - Richard A. Long & Gloria E. Zailskas to THURSDAY, NOVEMBER 12, 2015 at 7:00 p.m. in the first floor conference room in the Town Hall, 302 Main Street. Discussion: P. Broadhurst would like an answer at the next meeting as to why the coverage has to exceed the 20% allowed by the regulations. No further discussion and a vote was taken: In favor: R. McCall, D. Alexander, R. McIntyre, A. Spargo, P. Broadhurst Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
15/16-13 - The Point, LLC c/o Jon Kodama, seeks a variance of Code of the Town of Old Saybrook, Chapter 128, Flood Plain Management. Section 128.19 D5a, Coastal High Hazard Area-Space Below Lowest Floor, Section 128-9 compliance required to construct 2 enclosed stairwells and 2 elevator shafts using non-breakaway wall construction below the lowest floor at 145 College Street, Map 24/Lot 42-1, Saybrook Point SP-2 District, Flood Zone VE 15.
Discussion with respect to the public hearing that closed this evening. In the letter dated October 6, 2015 from Geoff Jacobson which states “The entire subject property is located within a VE Coastal High Hazard Area with a Base Flood Elevation of 15.0 NAVD 88.” It further states “The principal means of access to the elevated structure will be provided by a Main Entry Stairway that is to be designed to conform to breakaway standards, or via an elevator from a Lower Lobby with breakaway walls. Two emergency stairways, the North Stairway and South Stairway, which are the subject of this variance application, are not proposed to be constructed to breakaway standards and are thus considered to create an obstruction under FEMA regulations. However, in that the Building Code requires
non-combustible stairways to be provided for emergency egress in the event of a fire, and since this is a non-residential structure, in consultation with the Building Official and the State National Flood Insurance Program Coordinator, it was agreed that providing emergency egress for restaurant patrons in the event of a fire is a more important life/safety consideration than a flood event that would have ample advance warning. As such, given the circumstances, I would not object to, and would in fact be supportive of a decision by the Zoning Board of Appeals to grant the requested variance provided that both the North and South Stairways are designed to withstand VE Coastal High Hazard Area forces.”
A Motion was made by A. Spargo, seconded by R. McIntyre to GRANT 15/16-13 - The Point, LLC c/o Jon Kodama. The variances of the Code of the Town of Old Saybrook, Chapter 128, Flood Plain Management, Section 128.19 D5a, Coastal High Hazard Area-Space Below Lowest Floor and Section 128-9 compliance required to construct 2 enclosed stairwells and 2 elevator shafts using non-breakaway wall construction below the lowest floor are granted based on the letter dated October 6, 2015 from Geoffrey L. Jacobson, P.E. of Nathan L. Jacobson & Associates, Inc. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, R. McIntyre, A. Spargo, P. Broadhurst Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
15/16-14C - Roger D. Bedell, Trustee, seeks 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 24.3.4 (minimum width along building line/100’ required/60’ proposed) of the Zoning Regulations to permit demolition of existing structure and construction of 2,162 s.f. home at 14 East Street, Map 22/Lot 62, Residence A District, Coastal Management Zone.
Discussion with respect to the public hearing that closed this evening. The property is located on the south side of the street, the street is a narrow street [40’] and the proposal is to tear down and construct a new dwelling. There are two variance requested which pertain to the lot itself. This proposal eliminates the sideyard and front setbacks that existed. The hardship is that this is an existing nonconforming lot of record. There is no additional land available to increase the lot size and there is a reduction in existing nonconformities. The shed will be moved to a conforming location and the deck size will be smaller.
A Motion was made by R. McCall, seconded by D. Alexander to GRANT 15/16-14C - Roger D. Bedell, Trustee. The proposal reduces a number of the existing nonconformities and it certainly improves the look of the neighborhood and enhances the whole area. 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, A. Spargo, P. Broadhurst Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
15/16-15C - Carl W. & Margaret J. Heise, seek a variance of Par 24.5.3 (side yard setback/15’ required/0.6’ proposed) of the Zoning Regulations to permit the construction of a 484 s.f. garage at 71 Old Post Road, Map 20/Lot 1, Residence A District, Coastal Management Zone.
Discussion with respect to the public hearing that closed this evening. The proposal is to construct a 22’ x 22’ garage approximately 0.6’ from the property line. The proposed location is dictated by the placement of two wells, one on this property and one on a neighboring property, the location of the septic, the area reserved for a future septic system if one fails, the wetlands on the property and the sloping topography. It was stated that the placement of the garage is also dictated by location of the house with the bulkhead and large stone step on the side. The design of the garage is in keeping with the design of the house. The Board had concerns with the proposed garage being too close to the property line and how would the property owners maintain that side without going
on to the neighboring property.
A Motion was made by R. McIntyre, seconded by A. Spargo to GRANT w/conditions 15/16-15C - Carl W. & Margaret J. Heise. The condition is that the proposed garage be moved to the east so that it is 2.6’ from the property line and submit a new plan to show that. The hardship is that all other locations that would seem to make sense have reasons why the garage can’t be located there, i.e. the two wells, location of the septic system and the reserve area, storm water retention system and the curvature of the road. The buildable area of the lot is less due to the wetlands on the property. 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, A. Spargo Opposed: P. Broadhurst Abstaining: None The motion passed. 4-1-0
Adjournment: A Motion was made by R. McCall, seconded by D. Alexander to adjourn the October 14, 2015 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, R. McIntyre, A. Spargo, R. McIntyre Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 9:10 p.m.
Old Saybrook Zoning Board of Appeals
Rexford H. McCall, Chairman
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