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, February 10, 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, Carl VonDassel, Jr., alternate (not seated) and Kenneth Mikulski, alternate (not seated)
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.
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 application was continued from last month due to the discussion that ensued 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. side and front setback. Mr. Wren and the applicants came back before the Board this month with a new plan that eliminates the need for a variance of the narrow street setback and the side setback. The only variance needed is for the lot size and the lot is only short 384 square feet of the required 12,500 square feet. Due to moving the house so that it
conforms to the Zoning Regulations it is now over the existing septic system, a system that did not have to be replaced but now a new septic system has to be installed.
A Motion was made by R. McCall, seconded by A. Spargo to GRANT Application 15/16-21C - Rosalie Keough Ando. The hardship is that the house is uninhabitable with too much damage. A new one will be construct that will meet all zoning requirements except for the lot size. The approval is for the new plans submitted at the meeting on February 10, 2016. 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, A. Spargo Opposed: None Abstaining: None The Motion passed. 5-0-0
15/16-24 - Connecticut Sports Foundation, seeks a variance of Par 10.7.1 & 10.7.2 (non-conformity enlargement/change); Par 10.7.6 (landscaping); Par 24.5.1 as modified by 68.1.2B(4) (narrow street setback/30’ required/15’ proposed); Par 63.1 (minimum landscaped area/50% minimum required/46.8% proposed); Par 62.4.6 (non-residential parking requirement/22 spaces required/19 spaces proposed); Par 63.3.1 B (front landscaped area width/25’ minimum buffer required/13.7’ proposed); and Par 63.4.1 B (perimeter landscape buffer/20’ minimum required/16.7’ proposed to building/3.2’ proposed to paved parking) of the Zoning Regulations to permit a 1,968 s.f. addition, parking and landscaping at 25 Old Boston Post Road, Map 30/Lot 40, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The applicant is a 501c (3) Charitable/Philanthropic organization which is allowed by Special Exception under the Zoning Regulations through the Zoning Commission in a Residence A zone. The variances requested are for parking and landscaping. The original building at this site was granted variances for an addition in1985. This newly proposed addition will be 1,968 square feet. The size of the building dictates the number of parking spaces which would be 22 for this size and 19 are proposed. It was discussed that there will be 3-5 people in the building for the majority of the time. Many of the residents on Sherwood Terrace were in the audience to oppose adding on to the structure which would increase the
traffic on the narrow street and in their neighborhood. Neighbors did bring up concerns about lighting and the number of cars and speed of said cars. D. Alexander stated that the Zoning Board of Appeals is voting only on the items listed in the application not the use that is put forth. D. Alexander also felt that this was a self-created hardship since the building is larger more parking is required in accordance with the Zoning Regulations. If the addition was smaller there would not be as much parking required. R. McIntyre complimented D. Alexander on her point that the Board is only considering the items in the application before them. He also felt that the applicant is taking existing nonconformities and improving them. Only 3 of the 22 required parking spaces will not be created. D. Alexander stated that as a practical matter property owners do not allow others to use their parking areas. P. Broadhurst had a concern about
the parking area and that the added building square footage requires more parking. The building is too big for the lot. R. McIntyre felt this proposal would improve the area without a doubt. D. Alexander stated that this project is way too big for the location.
A Motion was made by R. McIntyre, seconded by R. McCall to GRANT Application 15/16-24 - Connecticut Sports Foundation. The variances are granted using their alternative for their hardship the reductions in the nonconformity for parking and the addition of landscaping. No discussion and a vote was taken: In favor: R. McCall, R. McIntyre Opposed: D. Alexander, P. Broadhurst, A. Spargo Abstaining: None The Motion to Grant failed to carry, the vote was 2-3-0. It takes for affirmative votes to grant a variance. The Motion is DENIED
15/16-22C - Christopher & Lisa Skomorowski, seek a variance of Par 24.5.1 as modified by 68.1.2B(4) (narrow street setback/30’ required/16’ proposed) of the Zoning Regulations to permit the construction of a 435 s.f. garage at 5 Owaneco Trail, Map 19/Lot 27, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The applicant provided a B100a that was approved by the Connecticut River Area Health District. The proposal meets all Zoning Regulations except for the narrow street setback. The hardship is the topography of the lot and the placement of the house on the lot.
A Motion was made by R. McCall, seconded by D. Alexander to GRANT Application 15/16-22C - Christopher & Lisa Skomorowski. The variances are granted as presented in the January 19, 2016 submission. The hardship is that the slope from the street to the proposed site is so steep that to move it further back would make it almost impossible for a usable garage. 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, A. Spargo Opposed: None Abstaining: None The Motion passed. 5-0-0
15/16-23 - Raymond & Brenda Dyson, seek a variance of Par 10.7.1 & 10.7.2 (non-conformity enlargement/change) and Par 24.5.3 (other line setback/15’ required/4’ proposed) of the Zoning Regulations to add 100 s.f. addition to existing dormer and 248 s.f. deck/landing/steps at 13 Uncas Road, Map 001/Lot 128, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The expansion of the second floor does not increase the footprint of the structure. The structure was originally placed on a 40’ wide lot with the four foot sideyard setback. At a later time an additional parcel was added on to the lot making it an 80’ wide lot, but the structure remained in the same location. The proposed deck will not be constructed until, per the Water Pollution Control Authority, the new septic is installed which could be in a year according to applicant. If the timing is longer, the applicant will request an extension of time through the ZBA.
A Motion was made by P. Broadhurst, seconded by R. McCall to GRANT Application 15/16-23 - Raymond & Brenda Dyson. No change in any existing nonconformities. The hardship is that this house was built when the lot was a 40’ wide lot and the lot has doubled in size by the acquisition of an additional 40’ lot making the lot 80’ wide but that did not change the original location of the house which is four feet from the property line. The requested extension of the second floor and the deck addition does not increase the nonconformities and makes the house more habitable as a year-round residence. 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 A. Spargo, seconded by R. McIntyre to APPROVE the January 13, 2016 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
Adjournment: A Motion was made by R. McCall, seconded by R. McIntyre to adjourn the February 10, 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 9:40 p.m.
Rexford H. McCall, Chairman
THE NEXT MEETING OF THE ZONING BOARD OF APPEALS IS
WEDNESDAY, MARCH 9, 2016 AT 7:00 P.M., FIRST FLOOR CONFERENCE ROOM
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