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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, November 9, 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 Adam Boyd, Alternate
Absent: Robert McIntyre and Kenneth Mikulski, alternate
Present: Michael Cronin, Esq., counsel for the ZBA, Christina Costa, ZEO 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.
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.
The Zoning Board of Appeals closed the public hearing at its October 12, 2016 Regular Meeting due to the amount of information presented at that meeting. R. McCall stated that the Board could not address the current parking issues and the pedestrian foot traffic that currently happens on the property. The Board is just to address the variances requested. Attorney Cronin stated that the preamble of the Zoning Regulation is to secure safety from fire, panic, flood and other dangers; to promote health and the general welfare and to provide adequate light and air among other things. A. Boyd asked if the second floor apartment was moved to the first floor would it have to comply with all fire, building codes, etc. And the answer was yes that it would have to since if it remained on the second
floor nothing would have to be done and it is a health and safety issue. Attorney Cronin agreed that leaving the apartment on the second floor is a safety hazard and if granted there could be a condition that there is NOT a bedroom on the second floor.
A Motion was made by R. McCall, seconded by P. Broadhurst to GRANT w/condition Application 16/17-12 - Beach 05, LLC. The variances are granted to eliminate the supposed 288 s.f. of living space on the second floor and establish a living area of 754 s.f. on the first floor into the rear of the store area. The reasons for this are: 1) the non-conforming store and storeroom would be reduced from 1,850 s.f. to 1,400 s.f.; 2) the non-conforming current one-bedroom dwelling f 288 s.f. (plus kitchen/bath) would be increased to a conforming sized dwelling of 754 s.f.; 3) there would be no increase in design flow going from 288 s.f. (plus kitchen/bath) one-bedroom to 754 s.f. one-bedroom which has been approved by the Health Department; 4) the proposed apartment is appropriately fire separated and will
include egress windows and at grade egress entries and 5) the existing configuration of utilizing the kitchen and bathroom for the store violates health code requiring separation for commercial food service areas and will be eliminated. Due to testimony given to the Board by the Fire Marshal and the Building Inspector lasts month the condition is that the storage area over top of the store be used for storage use only and never to be used as living quarters. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, A. Boyd, C. VonDassel Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
16/17-15 - Carolynn Blonkinsop, seeks a variance of Par 10.7.1 & 10.7.2 (non-conformity enlargement/change); Par 24.5.3 (other line setback/15’ required/12.9”proposed); Par. 24.5.1 (street setback/25’ required/22.7’ proposed) of the Zoning Regulations to permit the construction of a 119 s.f. front porch at 66 Atlantic Drive, Map 4/Lot 175, Residence A District, Coastal Area Management Zone.
Discussion with respect to the public hearing that closed this evening. The proposal is to construct a new 7’ x 17’ front porch to be used as an outdoor seating area. The Board felt that sufficient hardship had not been shown for allowing the front porch deck in the proposed location.
A Motion was made by P. Broadhurst, seconded by D. Alexander to DENY Application 16/17-15 - Carolynn Blonkinsop. The application is denied for lack of unusual hardship. Unusual hardship pertains to certain conditions that especially affect the parcel that do not generally affect other properties in this particular zoning district. Literal enforcement of the Regulations results in an “exceptional difficult” or “unusual hardship.” A hardship has not been shown with this particular situation. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, C. VonDassel, A. Boyd Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
16/17-16C - Brent & Dennyse Gunts, seeks a variance of Par 10.7.1 & 10.7.2 (non-conformity enlargement/change/proposed expansion of~ non-conforming structured); Par 24.5.3 (other line setback/15’ required/proposed 8.9’ east, 12’ west); Par. 24.6.2 (building/structure coverage CT River Gateway Conservation Zone 15% max/proposed 34.7% for the first connection of the two structures and 36% for the final structure coverage structure including additions); Par. 68.1.2B9 (tidal wetlands setback/50’ required/proposed 26’); Par. 58.2 & 58.6 (CT River Gateway Conservation Zone riparian buffer and structure setback/100’ required/proposed 22.8’)to merge two lots and two residential structures together through building additions to create one 2,477 s.f. residential dwelling at 27 &
29 Fenwick Street, Map 24/Lots 78 & 80, 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 merge the two lots, combine the buildings and tear down/renovate the 27 Fenwick Street house which results in an addition off the 29 Fenwick Street house. The new additions (first and second floor) will have 763 s.f. of living area. There will be an elimination of one of the existing nonconformites for a side yard setback for the new house and reductions in several other existing nonconformities. Also the new addition will be FEMA compliant and the overall impervious coverage has been reduced.
A Motion was made by D. Alexander, seconded by C. VonDassel to GRANT Application 16/17-16C - Brent & Dennyse Gunts. The ultimate joining of two houses and making it into one and joining two lots there are a great many nonconformities that have been improved and in some instances proximity to wetlands has been reduced. It is a very well thought out plan and I live near it and am happy to approve it. 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: R. McCall stated it is a great improvement. No further discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, C. VonDassel, A.
Boyd Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
REGULAR MEETING
Minutes: A Motion was made by R. McCall, seconded P. Broadhurst to approve the September 14, 2016 and the October 12, 2016 Regular Meeting Minutes as submitted. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, C. VonDassel, 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 November 9, 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, A. Boyd Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting was adjourned at 8:35 p.m.
Rexford H. McCall, Chairman
THE NEXT MEETING OF THE ZONING BOARD OF APPEALS IS
WEDNESDAY, DECEMBER 14, 2016 AT 7:00 P.M., FIRST FLOOR CONFERENCE ROOM
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