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, October 12, 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, Robert McIntyre (arrived at 7:07), Carl VonDassel, Jr., alternate, and Adam Boyd, Alternate
Absent: Alan Spargo and Kenneth Mikulski, alternate
Present: Michael Cronin, Esq., counsel for the ZBA, Christina Costa, ZEO, Don Lucas, Building Official, Don Dobson, Fire Marshal and Kim Barrows, Clerk
The meeting was then called to order at 7:05 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.
16/17-09 - Kevin Hunt, seeks a variance of Par 10.7.1 & 10.7.2 (non-conformity enlargement/change); Par 24.5.3 (other line setback/15’ required/11’ proposed to the north/3.9’ proposed to the south); Par 24.5.1 (street setback/25’ required/23’ proposed); and Par 24.6.2 (structure coverage/20% allowed/37.4% proposed) of the Zoning Regulations to permit the construction of two dormer additions and a front entry awning at 16 Thompson Lane, Map 17/Lot 14, Residence A District, Coastal Area Management Zone.
Adam Boyd, alternate seated for this application
Discussion with respect to the public hearing that closed this evening. The improvements are cosmetic. The dormers are being added for sufficient headroom on the second floor. The roof over the steps does not exceed the size of the steps.
A Motion was made by A. Boyd, seconded by R. McCall to GRANT Application 16/17-09 - Kevin Hunt. The proposal does not affect any neighboring properties, the improvements are cosmetic and the dormer additions are within the existing footprint which increase the headroom. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, R. McIntyre, A. Boyd Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
16/17-10 - Mark R. & Kathleen I. Caldarella, seeks a variance of Par 10.8.2 & 10.8.3 (non-conforming lot size/12,500 s.f. required/6,561 s.f. proposed); Par 24.3.2 (minimum dimension of square/100’ required/56’ proposed); and Par 24.5.3 (other line setback/15’ required/10.3’ proposed to the north) of the Zoning Regulations to permit the construction of a 2,062 sf house at 98 Nehantic Trail, Map 19/Lot 319, Residence A District, Coastal Area Management Zone.
Carl VonDassel, alternate seated for this application
Discussion with respect to the public hearing that closed this evening. The existing one story single family home is being removed and a new more conforming structure is being constructed. The new structure will meet FEMA requirements. The northerly line setback is being reduced by 3.1 feet and the area of encroachment is being reduced to approximately 112 square feet. The southerly line setback is being eliminated in its entirety.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT Application 16/17-10 - Mark R. & Kathleen I. Caldarella. Applicants are building a new home and there is a reduction in the existing nonconformities. Also the structure will be FEMA compliant. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, R. McIntyre, C. VonDassel Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
16/17-11C - Colleen D. Lallier, Trustee, seeks a variance of Par 10.7.1 & 10.7.2 (non-conformity enlargement/change); Par 58.6 (setback Gateway Conservation Zone/100’ required/65’ proposed); Par 58.2 (riparian buffer setback/100’ required/65’ proposed) of the Zoning Regulations to convert 238 s.f. of an existing 371 s.f. deck into a screened porch at 14 Mulberry Street, Map 24/Lot 5, Residence A District, Coastal Area Management Zone, Gateway Conservation Zone.
Adam Boyd, alternate seated for this application
Discussion with respect to the public hearing that closed this evening. The only variance is for the riparian buffer setback. The house and deck were built prior to that Zoning regulation. No other variances are required. The only purpose of the riparian buffer is so that a structure is not seen from the river or its tributary. The CT River Gateway Commission did not have a problem with the proposal.
A Motion was made by R. McCall, seconded by D. Alexander to GRANT Application 16/17-11C - Colleen D. Lallier, Trustee. There is no change in construction other than screening an existing deck. There is no objection from the Gateway Commission and does not need a visual buffer from the River. 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. Boyd Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
16/17-12 - Beach 05, LLC, seeks a variance of 10.6. Non-conformity Use, Section 10.6.1 enlargement, 10.6.2 change and 10.6.3 moving to make interior changes to the structure to remove the 288 s.f. ~2nd floor, 1 bedroom residential dwelling unit which uses store kitchen and bathroom facilities from the 2nd floor and create a 754 s.f. 1 bedroom residential dwelling unit on the first floor to the rear of the building.~The current 754 s.f. 1st floor storage area will be relocated from the first floor to the 288 s.f. 2nd floor.~ The property is located at 102/104 Chalker Beach Road, Map 18, Lots 88 & 89, Residence A District, Coastal area Management Zone.
Carl VonDassel, alternate seated for this application
The Zoning Board of Appeals closed the public hearing this evening but voted to continue the voting portion of the application to the next Regular Meeting which is scheduled for November 9, 2016 due to the documentation presented to the Board from the Attorney for the applicant, the Attorney for the abutting property owner and testimony from neighboring property owners. The Board wanted to digest this information and seek advice from its counsel.
A Motion was made by R. McCall, seconded by R. McIntyre to CONTINUE the voting session for Application 16/17-12 - Beach 05, LLC to the November 9, 2016 Regular Meeting 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, R. McIntyre, C. VonDassel Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Carl VonDassel left the meeting at 9:30 p.m. - Adam Boyd seated for the remainder of the meeting
16/17-13 - Doris B. Davitt, seeks a variance of Par 10.7.1 & 10.7.2 (non-conformity enlargement/change); and Par 24.5.3 (other line setback/15’ required/ 9.8’ proposed on the west side)of the Zoning Regulations to permit the construction of 168 s.f. in additions to10 Uncas Road, Map 1/Lot 119, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The applicant would like to convert to year round us, install new crawl space on full foundation in lieu of existing piers and open floor structure. She would also like to make the rear entry, bathroom and first floor bedroom more accessible for easy access and to be ADA compliant.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT Application 16/17-13 - Doris B. Davitt. This is a minimal expansion with no further encroachment on the side setback that currently exists. The change is needed to make the house handicap accessible. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, R. McIntyre, A. Boyd Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
16/17-14 - Katherine Capodicasa, et al., seek 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/11.9’ proposed to Pelton Ave. ); Par. 24.5.3 (other line setback/15’ required/11.2’ proposed from the south) and Par 24.6.2 (building structure coverage/20% allowed/29.1 proposed) of the Zoning Regulations to enclose an existing 146 s.f. porch at 72 Middletown Avenue, Map 19/Lot 217, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The applicant would like to create a full bathroom utilizing the small rear screened porch area. Currently the shower that they use is an outside shower and inside there is a very tiny room with a toilet. They would like to modernize the dwelling.
A Motion was made by R. McCall, seconded by D. Alexander to GRANT Application 16/17-14 - Katherine Capodicasa, et al. The lot is very small (2,964 s.f.) and the setbacks cover the entire lot. The applicant’s can’t do anything on the property without seeking variances. The footprint is not being expanded and the house sits on a corner lot and needs to meet two narrow street setbacks. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, R. McIntyre, A. Boyd Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
REGULAR MEETING
New Business: A Motion was made by R. McCall, seconded by R. McIntyre to APPROVE the 2017 Zoning Board of Appeals Regular Meeting Schedule as submitted. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, R. McIntyre, A. Boyd 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 August 10, 2016 Meeting Minutes as submitted. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, R. McIntyre, A. Boyd Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Adjournment: A Motion was made by R. McCall, seconded by D. Alexander to adjourn the October 12, 2016 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, R. McIntyre, A. Boyd Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 10:15 p.m.
Rexford H. McCall, Chairman
THE NEXT MEETING OF THE ZONING BOARD OF APPEALS IS
WEDNESDAY, NOVEMBER 9, 2016 AT 7:00 P.M., FIRST FLOOR CONFERENCE ROOM
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