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, January 13, 2016 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 (not seated)
Absent: Kenneth Mikulski, alternate
Present: Christina Costa, ZEO present for first application only 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.
15/16-18 - MVJJ, Inc. seeks a modification of appeal 322 from November 12, 1965 to remove condition of approval which states that only the operator of the business on the first floor can occupy the remaining residential portion of property at 725 Boston Post Road, Map 36/Lot 100, Shopping Center Business B-2 District.
Discussion with respect to the public hearing that closed this evening. A variance was granted in 1965 with a condition that the premises be occupied by the operator of the business. At that time the apartment was a residence in a commercial zone which was labeled a “Business Zone”. The Zoning Enforcement Officer stated that she is 99% positive an “operator” of the business has never lived in the apartment since 1965. D. Alexander stated that other people may want to do the same thing in the area if the condition is removed. R. McCall stated that he was ok with the removal of the 1965 condition.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT Application 15/16-18 - MVJJ, Inc. The current Zoning Board of Appeals hereby removes the condition that states that only the operator of the business can occupy the residential portion of this particular property. No discussion and a vote was taken: In favor: R. McCall, P. Broadhurst, R. McIntyre, A. Spargo Opposed: None Abstaining: D. Alexander The Motion passed. 4-0-1
15/16-19 - Bud Hayes, seeks 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/35’ required/34.7’ proposed); Par 24.5.3 (other line setback/15’ required/10.7’ proposed on the East side) of the Zoning Regulations to permit the expansion of the roof and front porch at 20 Ledge Road, Map No. 29/Lot 8, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The existing structure was built in 1957 and has a flat “ish” roof. The applicant would like to change the pitch of the roof and a portico over the existing front landing. There will be no expansion of the existing footprint but the portico will slightly intrude into the front setback over the existing landing. The portico will have two pillars and a roof above as shown on the plans in the file.
A Motion was made by R. McIntyre, seconded by D. Alexander to GRANT Application 15/16-19 - Bud Hayes. Granting the variance will improve the pitch of the roof and the safety of the house where snow loads can more easily be distributed across the roof. And the fact that there is no additional encroachments on the setbacks. 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. 5-0-0
15/16-20- Sarette Builders, LLC, seeks a variance of Par 10.2 & Par.10.8.3 (non-conforming lot size/12,500 s.f. required/5,043 s.f. proposed); Par. 24.5.1 as modified by 68.1.2B(4) (narrow street setback/30’ required/19.9’ proposed); and Par 24.5.3 (other property line setback/15’ required/10’ proposed on the north side) of the Zoning Regulations to permit the demolition of existing house and construction of a 1,390 s.f. residence at 10 Mohican Trail, Map 19/Lot 349, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The existing structure has been condemned and subsequently demolished. The new structure will be in line with the homes in the neighborhood. The new septic is being elevated by 2’ above ground water, some fill will be required but there will be a retaining wall around the area. There are several improvements of existing nonconformities. The shed on the property will be removed.
A Motion was made by R. McIntyre, seconded by R. McCall to GRANT Application 15/16-20 - Sarette Builders, LLC. Granting the variance will provide a new septic system and the ground coverage is being reduced by .1% which could be the removal of the shed. The removal of the shed constitutes grounds for a hardship. There is an improvement by 2’ in the north setback line. Discussion: comment that the shed is to be removed. No further 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. 5-0-0
15/16-21C - Rosalie Keough Ando, seeks a variance of Par 10.2 & Par.10.8.3 (non-conforming lot size/12,500 s.f. required/12,116 s.f. proposed); Par. 24.5.1 as modified by 68.1.2B(4) (narrow street setback/35’ required/27.3’ proposed to stairs and 31’ proposed to house); Par 24.5.3 (other property line setback/15’ required/10.1’ proposed) of the Zoning Regulations to permit the demolition of existing house and construction of a 2,423 s.f. residence at 61 Sea Lane-2, Map 19/Lot 242, Residence A District, Coastal Area Management Zone.
The public hearing is being continued due to the discussion between the Board members and Mr. Wren regarding variances granted in July of 2015 for elevating the existing structure in the same location versus now having to demolish said structure and still keep it in the same location. The argument was that since the applicant is now starting from scratch, more of an effort can be made to eliminate existing nonconformities, i.e. rear setback.
A Motion was made by R. McCall, seconded by A. Spargo to CONTINUE the Public Hearing for Application 15/16-21C - Rosalie Keough Ando to the February 10, 2016 Regular Meeting. 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. 5-0-0
New Business: Permit Extension Request 14/15-14 C - Chris Mariano was granted a variance on December 10, 2014 of Par 10.7.1 & 10.7.2 (nonconformity enlargement/change); Par 24.5.1 (street line setback/25’ required/14.6’ to steps & 18.8’ to house proposed); Par 24.5.3 (other property line setback/ 15’ required/9.8’ proposed); Par 24.6.2 (maximum building/ structure coverage/20% allowed/21.6 % proposed); and Par 68.1.2.B.9, (tidal wetlands setback/ 50’ required/40’ proposed) of the Zoning Regulations to permit construction of a 1,109
s.f. second floor addition and grading and tree removal to ensure the structure will meet FEMA regulations and codes on property located at 27 Woodland Drive, Map 4/Lot 57, Residence A District, Coastal Area Management Zone. On November 30, 2015, a request for an extension of one year was made.
A Motion was made by R. McCall, seconded by D. Alexander to GRANT an extension for one year [until December 10, 2016] for Application 14/15-14 C - Chris Mariano, 27 Woodland Drive. A letter was submitted to describe the reasons for the extension request. 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. 5-0-0
Minutes: A Motion was made by R. McCall, seconded by D. Alexander to APPROVE the November 12, 2015 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
Election of Officers: Nominations for Chairman, Vice Chairman and Secretary:
Chairman: D. Alexander nominated R. McCall to serve as Chairman, A. Spargo seconded the nomination. D. Alexander moved to close nominations for Chairman, A. Spargo seconded the motion. A vote was taken: In favor: D. Alexander, P. Broadhurst, R. McIntyre, A. Spargo Opposed: None Abstaining: R. McCall The motion passed. 4-0-1 Rexford McCall was elected Chairman.
Vice Chairman: R. McCall nominated D. Alexander to serve as Vice Chairman, R. McIntyre seconded the nomination. R. McCall moved to close nominations for Vice Chairman, R. McIntyre seconded the motion. A vote was taken: In favor: R. McCall, P. Broahdurst, A. Spago, R. McIntyre Opposed: None Abstaining: D. Alexander The motion passed. 4-0-1 Dorothy Alexander was elected Vice Chairman.
Secretary: R. McCall nominated P. Broadhurs to serve as Secretary, R. McIntyre seconded the nomination. R. McCall moved to close nominations for Secretary, R. McIntyre seconded the motion. A vote was taken: In favor: D. Alexander, R. McCall, R. McIntyre, A. Spargo Opposed: None Abstaining: P. Broadhurst The motion passed. 4-0-1 Philip Broadhurst was elected Secretary.
Adjournment: A Motion was made by R. McCall, seconded by A. Spargo to adjourn the January 13, 2016 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.
Rexford H. McCall, Chairman
THE NEXT MEETING OF THE ZONING BOARD OF APPEALS IS
WEDNESDAY, FEBRUARY 10, 2016 AT 7:00 P.M., FIRST FLOOR CONFERENCE ROOM
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