MOTIONS/MINUTES
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 Thursday, November 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, Dorothy Alexander, Vice Chairman, Robert McIntyre, Alan Spargo (arrived at 7:45 p.m.), Philip Broadhurst, Carl VonDassel, Jr., alternate and Kenneth Mikulski, 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.
Carl VonDassel, alternate seated for Alan Spargo
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. 24.6.2 (building/structure coverage/20% required/21.4% 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.
The public hearing was continued from last month in order to re-notice for a variance for building structure coverage since the proposal exceeds the 20% allowed. The proposal is to expand existing deck laterally across, 6.5’ x 9’. A previous variance request for a 246 s.f. deck was denied. This is a 152 s.f. total which includes the existing decking, but still exceeds the 20% allowed coverage by 1.4%.
A Motion was made by R. McIntyre, seconded by C. VonDassel to GRANT Application 15/16-10C - Richard A. Long & Gloria E. Zailskas. The hardship is the size of the lot and what was stated in the Stillman case about reasonable development. This development does not hinder neighboring property lines since it is located at the rear of the house overlooking the marsh. If it was placed on the side or in close proximity to other homes it would be an issue, the location of the site is key. This will add enjoyment to the property owners view. There is a reduction of an encumbrance of one foot from the wetlands due to reconstruction of the deck from 21’ to 22’ from 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. McIntyre, C. VonDassel Opposed: R. McCall, D. Alexander, P. Broadhurst Abstaining: None The motion failed to pass. 2-3-0 It takes 4 affirmative votes to grant a variance. The application is DENIED
15/16-16C - Thomas S. & Giselda S. Forst, seek a variance of Par 10.8.2 & 10.8.3 (non-conforming lot size/12,500 s.f. required/4,914 s.f. proposed; Par 24.3.2A (minimum square/100’ required/50’ proposed); Par 24.3.4 (minimum width/ 100’ required/50’ proposed); Par 24.5.3 (other property line setback/ 15’ required/10.2’ proposed to the east & 10.3’ proposed to the west); and Par. 68.1.2.B.9 (tidal wetlands setback/50’ required/17.7 proposed) of the Zoning Regulations to permit the demolition of existing dwelling and construction of a 1,681 s.f. dwelling at 117 Nehantic Trail, Map 19/Lot 17, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The lot is a pre-existing nonconforming lot built before the zoning regulations were put in place. The applicants have taken every effort to reduce some of the exiting nonconformitites. The dwelling will be FEMA flood compliant and also meet the Town’s Flood Ordinance. The original proposal was to raise the existing structure to meet FEMA but the structure was in such disrepair it could not be done.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT Application 15/16-16C - Thomas S. & Giselda S. Forst. The applicants have reduced existing nonconformities in both the front and rear setbacks. The two sideline setbacks have been made slightly less nonconforming. 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. Discussion: P. Broadhurst noted that the existing shed on the property is to be removed. No further discussion and a vote was taken: In favor: R. McCall, D. Alexander, R. McIntyre, P. Broadhurst, C. VonDassel Opposed: None Abstaining: None The motion passed
unanimously. 5-0-0
Alan Spargo seated for the rest of the meeting
15/16-17C - Frank V. & Eileen P. Squillante, seek a variance of Par 24.3.4 (minimum width/ 100’ required/97’ proposed); Par 58.2 (riparian buffer area/100’ required/48.7’ to deck and 50.8’ to house proposed); and Par 58.6 (setback-Gateway Conservation Zone/no construction of building within 100’ of high tide line of CT River allowed/structure within 100’) of the Zoning Regulations to permit the demolition of existing dwelling and construction of a 2,913 s.f. dwelling at 12 Mulberry Street, Map 24/Lot 6, Residence A District, Coastal Area Management Zone, Gateway Conservation Zone.
Discussion with respect to the public hearing that closed this evening. The structure was built in 1975 before some of the zoning regulations were in place. The width of the lot can’t be added to so that it conforms to the regulations, the coverage will go from 11.5% to 13.4% and in the Gateway Conservation Zone 15% is allowed. The existing pool and patio will remain. The Gateway letter dated November 4, 2015 was discussed and the Board decided to add the recommendation for plantings.
A Motion was made by D. Alexander, seconded by R. McCall to GRANT Application 15/16-17C - Frank V. & Eileen P. Squillante. A great effort was made to conform to the Zoning Regulations given the size, shape and location of the lot. Also in accordance with the Gateway Commission letter dated November 4, 3015, it is stated that the removal of the existing trees did not provide a visual buffer from the river, the letter suggests that the applicants plant some vegetation and trees that would visually buffer the property from the river view. It is recommended that the vegetative buffer along the water be similar to the one constructed on the Lallier property next door and such buffer could extend from a location immediately west of the existing pool and dock and continue west to the Lallier
property line and thereby not block water access achieved through the dock. 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
Minutes: A Motion was made by R. McCall, seconded by R. McIntyre to APPROVE the October 14, 2105 Regular Meeting Minutes as submitted. 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
New Business: A Motion was made by R. McCall, seconded by R. McIntyre to APPROVE the 2016 Zoning Board of Appeals Meeting Dates as submitted. 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
Adjournment: A Motion was made by R. McCall, seconded by R. McIntyre to adjourn the November 12, 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, P. Broadhurst Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 8:30 p.m.
Old Saybrook Zoning Board of Appeals
Rexford H. McCall, Chairman
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