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, September 14, 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, Kenneth Mikulski, alternate and Adam Boyd, Alternate
Absent: Alan Spargo and Robert McIntyre
Present: Christina Costa, ZEO and Kim Barrows, Clerk
The meeting was then called to order at 7:04 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.
Seated: R. McCall, D. Alexander, P. Broadhurst, Ken Mikulski and A. Boyd
16/17-04 - Lesley & Scott Cika, seek a variance of Par 24.5.3 (other property line setback /20’ required/16.9’ proposed) of the Zoning Regulations to permit the construction of a 231 s.f. second story addition at 15 Crest Road, Map 64/Lot 32, Residence AA-3 District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. Ms. Cika noted that the addition is a first floor addition not a second story addition as noted. There is no other location either in front or in back to place the addition since in the rear there is a pool and the septic system and in the front there is a lot of ledge which makes putting in a foundation difficult. The house was built in 1976 on a 4 acre parcel and the house was in the center of the property. Then the lot was divided and subsequently made the parcel with the existing house nonconforming. The house was purchased by Mr. Cika in 2013 with the existing nonconforming parcel. R. McCall felt that the addition did not change the comprehensive plan of zoning. D. Alexander and the other Board members
agreed.
A Motion was made by R. McCall, seconded by D. Alexander to GRANT Application 16/17-04 - Lesley & Scott Cika. The proposed first floor addition variances are granted, the hardship is justified by the location of the pool and the sanitary system in the rear and the ledge in the front. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, K. Mikulski, A. Boyd Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
A Motion was made by R. McCall, seconded by K. Mikulski to change the order of the agenda to hear Application 16/17-05 - K Brothers, LLC last. No discussion and a vote was taken. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, K. Mikulski, A. Boyd Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
16/17-06 Catherine Hayden, seeks a variance of Par 24.6.2(maximum building/structure coverage/20% allowed/20.6 proposed) of the Zoning Regulations to permit the construction of a 416 s.f. addition at 59 Maynard Road, Map 36/Lot 144, Residence A District.
Discussion with respect to the public hearing that closed this evening. The proposal is to add an office above the existing garage. The increase in building/structure coverage over the 20% allowed is .06%. The increase is due to the placement of the staircase up to the second floor office space above the garage. If percentage was to be kept below 20%, the steps would be very steep and unsafe. In order to meet the building code the slight increase is warranted. There is not an increase in the footprint since between the house and the garage there is a concrete walkway. The original structure was built in 1944. Architect Brian Buckley prepared a rendering of the project. D. Alexander was happy to see an architect was involved with the project.
A Motion was made by D. Alexander, seconded by K. Mikulski to GRANT Application 16/17-06 Catherine Hayden. Applicants want to build a stairway which will provide access to the office space proposed above the garage. The additional coverage is because the staircase needs to meet the Building Code for safety. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, K. Mikulski, A. Boyd Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Seated: R. McCall, D. Alexander, P. Broadhurst, Ken Mikulski and C. VonDassel
16/17-07C Susan Sigal, 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/17’9” proposed); Par 24.5.1 (street setback/25’ required/23’ proposed); Par 24.6.2 (maximum building/structure coverage/20% allowed/22.2% proposed); and 24.6.1(maximum gross floor area/40% allowed/46.6 proposed) of the Zoning Regulations to permit changes to the roof structure over the garage, new gable roof at south/west side and over the existing connector and a new storage shed at 2 Seacrest Road, Map 4/Lot 257, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The proposed renovations are not increasing existing nonconformities but are decreasing some. There are interior renovations and changes to the roof structure with a new “bunk” room over the garage. The demolition of cabanas and the removal of the overhang on the existing flat roofed southern portion of the home reduce the coverage. There will be a new gable roof at the south/west portion of the house, a reduced size new shed and new roof over existing connecter between the house and the garage. The proposed renovations will improve the aesthetics of the structure.
A Motion was made by P. Broadhurst, seconded by K. Mikulski to GRANT Application 16/17-07C Susan Sigal. There are not any increases in the existing nonconformities, some of the nonconformities are being reduced and there appears to be no conflict with any variances previously granted. 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, K. Mikulski, C. VonDassel Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Seated: R. McCall, D. Alexander, P. Broadhurst, Ken Mikulski and A. Boyd
16/17-08 Evelyn C. Lindquist, Trustee, seeks the removal of a condition of approval imposed on variance 99/2000-34 requiring that the structure remain seasonal/non-winterized at 22 Pequot Trail, Map 13/Lot 27, Residence A District.
Discussion with respect to the public hearing that closed this evening. The variance is granted to remove the designation of a 2000 approval for a tear down and rebuild which was to remain seasonal based on a letter dated October 16, 2000 from Scott Martinson from the Health Department. The current Health District “has no objection to year-round water use. The above mentioned property is not on the Town of Old Saybrook Volume 200 list or listed as seasonal status with the CT Water Company.” Said letter dated August 10, 2016 from Scott Martinson, Connecticut River Area Health District.
A Motion was made by R. McCall, seconded by P. Broadhurst to GRANT Application 16/17-08 Evelyn C. Lindquist, Trustee. The variance is granted to remove the designation of a 2000 approval for a tear down and rebuild which was to remain seasonal based on a letter dated October 16, 2000 from Scott Martinson from the Health Department. The current Health District “has no objection to year-round water use. The above mentioned property is not on the Town of Old Saybrook Volume 200 list or listed as seasonal status with the CT Water Company.” Said letter dated August 10, 2016 from Scott Martinson, Connecticut River Area Health District. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, K. Mikulski, A. Boyd Opposed: None
Abstaining: None The motion passed unanimously. 5-0-0
Seated: R. McCall, D. Alexander, A. Boyd, Ken Mikulski and C. VonDassel
16/17-05 - K Brothers, LLC, seek a variance of Par 10.7.1 & 10.7.2 (non-conformity enlargement/change); Par 34.6.1(street line setback/50’ required/31.8’ proposed to canopy roof and 42.6’ proposed to building roof); Par 63.3.1(b) (width of front landscaped area/25’ required/.9’ proposed to Boston Post Rd and 15.5’ to Jade Court); Par 63.4.1(C) (perimeter buffer width/10’ required/7.8’ proposed on west side); Par 63.5.1 (interior parking lot landscaping islands minimum Area/460 s.f required/220 s.f. proposed); Par 63.5.3(D) (interior parking lot landscaping trees/3 trees required/0 trees proposed); Par 64.5.5(A)(1) (freestanding sign area/50 s.f. allowed/83 s.f. proposed); Par 64.5.5(A)(2) (freestanding sign height/10’ allowed/15’ proposed); Par 64.5.5(A)(4) (freestanding sign setback
from street line/10’ required/2’ proposed); and Par 64.5.5(b)(1) (wall sign/21 s.f. allowed/27 s.f. proposed) of the Zoning Regulations to permit the construction of a 2,184 s.f. convenience store and food service counter at 399 Boston Post Road, Map 42/Lot 9, Gateway Business B-4 District.
Discussion with respect to the public hearing that closed this evening. The public hearing was originally continued so that the Zoning Enforcement Officer could go over all of the variances needed for this project. Mr. Wren went over all of the variances one by one. The variances are required for the signage, i.e. the free standing sign and the wall sign and the remaining variances are for landscaping (width of landscape areas, perimeter buffer width, parking lot landscape islands and interior parking lot landscaping trees). The site will have more landscaping and will be in keeping with the vision of Mariners Way. The building/convenience store does not need any variances.
A Motion was made by R. McCall, seconded by K. Mikulski to GRANT w/condition Application 16/17-05 - K Brothers, LLC. The requested variances are granted for the following reasons: there is a great improvement to the appearance of the entire site with added landscaping, doubling the green space, improving the appearances of the buildings by changing the flat roof on the canopy and the kiosk, there is a lessening in the nonconformities and there will be a decrease in impervious surfaces by 1,370 s.f. The condition is that the existing free standing sign will remain the same but be moved out of the DOT Right of Way 2 feet from the property line. When another tenant comes into the convenience store and requires a sign, the sign then will become conforming in size [10’ in
height and 50 s.f. in area] and be reviewed by the Architectural Review Board but it will still remain in its same location. No discussion and a vote was taken: In favor: R. McCall, C. VonDassel, K. Mikulski, A. Boyd Opposed: D. Alexander Abstaining: None The motion passed. 4-1-0
REGULAR MEETING
Minutes: The approval of the August 10, 2016 Meeting Minutes was tabled until next month.
Adjournment: A Motion was made by R. McCall, seconded by K. Mikulski to adjourn the September 14, 2016 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, C. VonDassel, K. Mikulski, A. Boyd Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 9:10 p.m.
Rexford H. McCall, Chairman
THE NEXT MEETING OF THE ZONING BOARD OF APPEALS IS
WEDNESDAY, OCTOBER 12, 2016 AT 7:00 P.M., FIRST FLOOR CONFERENCE ROOM
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