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, May 11, 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, Philip Broadhurst, Carl VonDassel, Jr., alternate and Kenneth Mikulski, alternate
Absent: Alan Spargo, Robert McIntyre and Adam Boyd, 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.
A Motion was made by R. McCall, seconded by D. Alexander to MOVE agenda item 15/16-28C – Bansley to item number 2 on the agenda and hear 15/16-32 – Arborio first since C. VonDassel has recused himself from application 15/16-28C Bansely and the Board to await the arrival of A. Spargo. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, C. VonDassel, Kenneth Mikulski Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
15/16-32 - Suzanne & Timothy Arborio, seek a variance of Par 68.1.2B8 (reduced setback minor accessory structure in residence district/5’ required/1’ proposed rear property line/4’ proposed other property line) of the Zoning Regulations to permit construction of an 80 s.f. shed at 122 Sea Lane #2, Map 13/Lot 80, Residence A District, Coastal Management Zone.
Discussion with respect to the public hearing that closed this evening. Applicants want to place an 80 s.f. shed one foot off the property line. On the site there are two residences and an area of “sand” which floods in the winter when the tide comes in. The applicants stated that there is a patio to the left of the building, a portion of the yard has the septic field and another part has the sandy area. D. Alexander felt the reasons for the placement of the shed were weak.
A Motion was made R. McCall, seconded by K. Mikulski to GRANT Application 15/16-32 - Suzanne & Timothy Arborio. Because of the hardship of locating the shed without extreme difficulties in other areas of the site. No discussion and a vote was taken: In favor: R. McCall, C. VonDassel, Kenneth Mikulski Opposed: D. Alexander, P. Broadhurst None Abstaining: None The motion failed to pass. 3-2-0 MOTION IS DENIED It takes 4 affirmative votes to Grant a variance.
A Motion was made by R. McCall, seconded by P. Broadhurst to MOVE agenda item 15/16-33 -Mark Reeves forward and proceed with the agenda and to move Application 15/16-28C Bansely after Application 15/16-35 - 512 Lighthouse, LLC. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, C. VonDassel, Kenneth Mikulski Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
15/16-33 - Mark Reeves, seeks a variance of Par 10.8.2 & 10.8.3 (non-conforming lot size/12,500 s.f. required/3,536.99 s.f. proposed); Par 24.5.1 as modified by 68.1.2B(4) (narrow street setback/35’ required/20’ proposed); Par 24.5.3 (Other property line setback /15’ required/10.2’ proposed on the East and West Side) of the Zoning Regulations to permit demolition and construction of a 1400 s.f. residence at 16 Whitney Avenue, Map 20/Lot 62, 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 house and construct a new one that conforms more to the zoning regulations. The existing house is inhabitable. The existing shed is to be eliminated and a new septic system is to be installed.
A Motion was made P. Broadhurst, seconded by K. Mikulski to GRANT Application 15/16-33 - Mark Reeves. The hardship is one of hundreds in the area with 40’ wide lots which were created back in the 1930’s and 40’s. There is no way to conform to the current zoning regulations. The building proposed is 20’ wide which allows 10.2’ on each side, ground coverages are close to the limits 19.8% for maximum building coverage and 39.6% for gross floor area, so once done there isn’t going to be any way to expand the structure within the zoning regulations. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, C. VonDassel, Kenneth Mikulski Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
15/16-34 - Coldwell Banker, seeks a variance of Par 64.5.3B1 (wall sign area/5% max of 2nd wall or 40 s.f. max allowed/12 s.f. proposed); Par 64.5.3B2 (horizontal projection/4’ max projection for sign 12 sf or less allowed/20’x7’ awning proposed) of the Zoning Regulations to permit the installation of a second sign on an awning projecting more than 4’ from wall at 21 Main Street, Map 37/Lot 50, Central Business B-1 District.
Discussion with respect to the public hearing that closed this evening. The Board felt that sufficient hardship had not been shown since there are other alternatives for signage. Free standing signs are allowed, also signs on the building.
A Motion was made R. McCall, seconded by D. Alexander to DENY Application 15/16-34 - Coldwell Banker. Sufficient hardship has not been show. There are other alternatives for signage. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, C. VonDassel, Kenneth Mikulski Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
15/16-35 - 512 Lighthouse, LLC, seeks a variance of Par 10.7.1 & 10.7.2 (non-conformity enlargement/change); Par 24.5.3 (Other property line setback/15’ required/11.7 ’proposed); and Par 24.6.2 (maximum building/structure coverage/20% allowed/34.3% proposed) of the Zoning Regulations to permit a 49 s.f. addition at 11 Barnes Road, Map 14/Lot 84, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The work has already been completed on this project. The addition does not exceed the existing patio footprint and the patio is used in the calculation of ground coverage.
A Motion was made D. Alexander, seconded by R. McCall to GRANT Application 15/16-35 - 512 Lighthouse, LLC. The construction of the already constructed addition on the existing patio which squares off the house is a minor variance and it is a much needed improvement to the house. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, C. VonDassel, Kenneth Mikulski Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
15/16-28C - Walter C. Bansley & Sherri T. Bansley, seek a variance of Par 10.8.2 & 10.8.3 (non-conforming lot size/12,500 s.f. required/3,720 s.f. proposed); Par 24.6.2 (maximum building/structure coverage/20% allowed/29.4 % proposed); Par 24.5.1 (street line setback/25’ required/6.4 proposed to house); Par 24.5.3 (Other property line setback East /15’ required/0’ proposed to retaining wall/4.4’ proposed to stairs & house) (Other property line setback West/0’ proposed to new wall/4.4’ proposed to deck & house) of the Zoning Regulations to permit the demolition and construction of a 1,318 s.f. residence with 125 s.f. deck with stairs at 5 Beach Road West, Map 12/Lot 147, Residence A District, Coastal Area Management Zone.
Carl VonDassel recused himself from this application and the Board awaited the arrival of Alan Spargo so that there could be 5 voting members. Mr. Spargo did not arrive and since the 65 days to start the public hearing was expiring the following motion was made:
A Motion was made by R. McCall, seconded by P. Broadhurst to OPEN the public on Application 15/16-28C - Walter C. Bansley & Sherri T. Bansley and take NO testimony. The public hearing is continued to June 8, 2016 at 7:00 p.m., first floor conference room, Town Hall. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, Kenneth Mikulski Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
15/16-36C - Carol McCurdy, seeks a variance of Par 10.7.1 & 10.7.2 (non-conformity enlargement/change); and Par 24.5.3 (Other property line setback/15’ required/4.6’ to deck and 8’ to steps proposed) of the Zoning Regulations to permit construction of a 106 s.f. deck, stairs, and extension of wooden walkway at 99 Plum Bank Road, Map 6/Lot 2, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The deck is on the side of the structure facing the neighbor not the beach parking area. The deck placement is to afford the homeowner some privacy from the public since one side is public beach parking and the other a public beach. The neighbor on the proposed deck side has no objection to the proposal.
A Motion was made R. McCall, seconded by K. Mikulski to GRANT Application 15/16-36C - Carol McCurdy. Granting of the variances for the expansion of the porch deck on the north side enables the applicant to enjoy the Long Island Sound view and the beach in relative privacy since the public surrounds the property on both the south and west sides. 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 stated that the deck is FEMA complaint. No further discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, C. VonDassel, Kenneth Mikulski Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
15/16-37C - Robert G. Walker, seeks a variance of Par 24.5.1 (street line setback/22’ (to projection) 25’ required/5.3’ to roof overhang, 5.9’ to covered porch, 8.5’ to stairs and 10.8’ to house proposed); Par 68.1.2B9 (tidal wetlands setback/50’ required/43.3’ to roof overhang, 45.8’ to covered porch, and 46’ to house proposed); Par 58.2 (riparian buffer area/100’ required/42.2’ to roof overhang, 44.9 to house, 45.8 to covered porch, and 49.5 to deck proposed); and Par 58.6 (setback Gateway Conservation Zone/100’ required/42.2’ to roof overhang, 44.9 to house, 45.8 to covered porch, and 49.5 to deck proposed) of the Zoning Regulations to permit the construction of a 3,230 s.f. dwelling at 25 Reed Court, Map 23/Lot 50, Residence A District, Coastal Area Management Zone, CT River
Gateway Conservation Zone.
Discussion with respect to the public hearing that closed this evening. The proposal is to build a new house on a vacant lot at the end of a cul-de-sac. Between the tidal wetlands setback, the setback for the Gateway Conservation Zone, town right of ways and the town owned cul-de-sac there is not a large building envelope.
A Motion was made R. McCall, seconded by K. Mikulski to GRANT Application 15/16-37C - Robert G. Walker. The hardships for this lot are unique in that it is within the Gateway Conservation Zone, encroaches on the wetlands setback and requires certain setbacks from rights-of- way which have been addressed. Any development on this lot would require variances. The following conditions are placed on this approval pursuant to the letter received from the Gateway Commission dated April 25, 2016: an as-built showing that the height does not exceed 35 feet as measured from existing grade and before the roof is finished; that there is no habitable space in the attic area; that the materials and colors will indeed succeed in minimizing how much the structure visibly stands out from the site; that some
shrubbery is planted along the base of the structure facing the cove and that even though the trees are located on the southern property line are not significant in size, any retention of that tree cover would add somewhat to the visual buffering of the structure. 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, C. VonDassel, Kenneth Mikulski Opposed: None Abstaining: D. Alexander The motion passed. 4-0-1
New Business:
Zoning Board of Appeals Guideline Amendment – Tabled to next month
Permit Extension Request – 10B Walker Avenue
13/14-38C - 56 Main Street, LLC, was granted a conditioned variance on April 9, 2014 of Par 10.8.3 (non-conforming lot size/12,500 s.f. required/5,733 s.f. proposed); Par 24.5.3 (other property line setback/15’ required/6.7’ proposed on the north side and 13.1’ proposed on the south side); and Par 24.3.2(minimum dimension of square/100’ required/51’ proposed) of the Zoning Regulations to permit the demolition of the existing house and construction of a 1,998 s.f. house which will meet FEMA regulations and codes on property located at 10B Walker Avenue, Map 014/Lot 036, Residence A District, Coastal Area Management Zone. On April 8, 2015, a one year extension of the variance was granted. On April 6, 2016, a second request for a one year extension was made.
A Motion was made by C. VonDassel, seconded by R. McCall to GRANT an additional one year extension to April 9, 2017 for 10B Walker Avenue. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, C. VonDassel, Kenneth Mikulski Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Minutes: A Motion was made by R. McCall, seconded by D. Alexander to APPROVE the April 20, 2016 Special Meeting Minutes as submitted. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, C. VonDassel Opposed: None Abstaining: Kenneth Mikulski The motion passed. 4-0-1
A Motion was made by R. McCall, seconded by P. Broadhurst to APPROVE the April 13, 2016 Regular Meeting Minutes as submitted. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, C. VonDassel Opposed: None Abstaining: Kenneth Mikulski The motion passed. 4-0-1
Adjournment: A Motion was made by R. McCall, seconded by C. VonDassel to adjourn the May 11, 2016 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, C. VonDassel, Kenneth Mikulski Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 10:08 p.m.
Rexford H. McCall, Chairman
THE NEXT MEETING OF THE ZONING BOARD OF APPEALS IS
WEDNESDAY, JUNE 8, 2016 AT 7:00 P.M., FIRST FLOOR CONFERENCE ROOM
| 
