MINUTES/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, December 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, Robert McIntyre, Philip Broadhurst and Adam Boyd
Present: Carl VonDassel, Jr., alternate, Kenneth Mikulski, alternate and Kim Barrows, Clerk
The meeting was then called to order at 7:03 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.
16/17-17 - John & Shireen Aforismo, seeks a variance of Par 24.5.5 as modified by 68.1.2B(4) (narrow street setback/40’ required/11.6’ proposed) of the Zoning Regulations to permit the placement of a 192 s.f. shed at 14 Red Bird Trail, Map 13/Lot 82, Residence A District, Coastal Area Management Zone.
PUBLIC HEARING:
Present: Mr. and Mrs. Aforismo, applicants
Mr. Aforismo began his presentation by stating that they would like to put a 12’ x 16’ shed on the back portion of the property which is the best place for it visually for the neighborhood. The shed will have the same shingles as the house and is surrounded by landscaping. Several photos were passed to the Board members showing the placement of the shed and the screening from the road. Mr. Aforismo stated that the hardship is it is where the wife wants it, the Board felt that hardship was not “unusual”. P. Broadhurst asked if there was a full basement, the applicant stated there is just a crawl space. Adding the shed does not exceed the coverage percentage. R. McIntyre stated that the placement shown is the only realistic place for the shed due to the placement of the house on
the lot and the lot configuration. Also the 40’ setback is a hardship, if it was a rear setback the distance would be less. The Chairman then opened the floor for either comments in favor or in opposition. There were no comments from the audience and no further comments from the Board. The public hearing closed at 7:20 p.m.
VOTING SESSION:
Discussion with respect to the public hearing that closed this evening. The proposal is to locate the 12’ x 16’ shed within the front yard setback. The shed would be for storage since the house does not have a full basement. Even though the shed is close to the road there is plenty of shrubbery to shield it from the road. R. McIntyre stated that it was the only realistic place to put the shed. D. Alexander felt that this application is lacking a hardship.
A Motion was made by R. McIntyre, seconded by R. McCall to GRANT Application 16/17-17 - John & Shireen Aforismo. The shed is to be located in the northwest corner of the property and based on the discussion the Board had the shed should be moved to the west to be 15’ from the property line which would increase the setback from Red Bird Trail. The hardship is based on the size of the setback and the irregular shape of the property that there is no other suitable place for the shed. No discussion and a vote was taken: In favor: R. McCall, R. McIntyre, A. Boyd Opposed: D. Alexander, P. Broadhurst Abstaining: None The motion failed to pass. 3-2-0 It takes four (4) affirmative votes to grant a variance
16/17-18 - Michael R. & Jean V. Paine, seek a variance of Par 10.7.1 & 10.7.2 (non-conformity enlargement/change); Par 68.1.2.B(9) (tidal wetlands setback/50’ required/0.3’ proposed) of the Zoning Regulations to permit the construction of a 188 s.f. deck at 16 Barnes Road, Map 14/Lot 103, Residence A District, Coastal Area Management Zone.
PUBLIC HEARING:
Present: Edward Cassella, Esquire, attorney for the applicant and Mr. Paine, applicant
Attorney Casella began his presentation by going over the site plan and stating that the Paine’s purchased the house in 2011 and obtained variances to jack up the structure and shift it slightly and it is now FEMA compliant. Recently the applicants purchased two rear parcels. The applicants would like to build a deck to the rear which would be similar to the one already constructed on the side. There is a classic hardship since the house is surrounded on two sides by tidal wetlands, said setbacks encumber the entire property. The Connecticut River Area Health District has approved the proposal. P. Broadhurst asked if the land has already been purchased. Attorney Cassella stated yes and submitted a draft deed to merge the lots. There is a slight lessening in the ground coverage, .8%.
The Chairman then opened the floor for either comments in favor or in opposition. There were no comments from the audience and no further comments from the Board. The public hearing closed at 7:40 p.m.
VOTING SESSION:
Discussion with respect to the public hearing that closed this evening. The proposal is to construct a 188 s.f. deck. The applicants purchased the abutting parcel of land and will merge the two lots. By merging with the parcel next door, the existing side yard encroachment is no longer an issue and it is only the tidal wetlands setback variance being requested.
A Motion was made by D. Alexander, seconded by P. Broadhurst to GRANT w/condition Application 16/17-18 - Michael R. & Jean V. Paine. Applicant is asking for a deck to be attached to the end of the house. The variance is conditioned that the properties all be merged into one. No discussion and a vote was taken: In favor: R. McCall, D. Alexander, P. Broadhurst, R. McIntyre, A. Boyd Opposed: None Abstaining: None The motions passed unanimously. 5-0-0
16/17-19 - Kim Joseph Guertin, seeks a variance of Par 10.7.1 & 10.7.2 (non-confirmity enlargement/change); Par 24.5.1 (front yard setback/25’ required/10.91’ proposed) of the Zoning Regulations to permit the construction of a 128 s.f. addition at 44 Nehantic Trail, Map 27/Lot 55, Residence A District, Coastal Area Management Zone. PUBLIC HEARING:
Present: Edward Cassella, Esquire, attorney for the applicant
Attorney Cassella began his presentation by stating that the house is on the corner of Nehantic Trail and Old Post Road. The proposal is to tear down the 166 s.f. addition in the rear and construct a new 128 s.f. addition that will be 10.9’ off the property line, it will be 35’ from the pavement of Old Post Road. The new addition will not be any closer to the road than the existing house. By eliminating the 166 s.f. rear addition which does not meet the setback and/or public health code, there will be a reduction of several existing nonconformities. The Chairman then opened the floor for either comments in favor or in opposition. There were no comments from the audience and no comments from the Board. The public hearing closed at 7:49 p.m.
VOTING SESSION:
Discussion with respect to the public hearing that closed this evening. The corner lot poses a hardship since the applicant has to meet two front yard setbacks. The 166 s.f. addition in the rear is being eliminated which does not meet the setback and is over the existing septic system. The new 128 s.f. addition will be built no closer to the road than the existing house and existing garage.
A Motion was made by R. McCall, seconded by R. McIntyre to GRANT Application 16/17-19 - Kim Joseph Guertin. The variances are granted to allow the proposed addition facing Old Post Road, removal of the addition in the rear to eliminate a health code nonconformity with the proximity to the septic tank which exists before that rear addition is removed. The hardship is that it fronts on two streets meeting two front yard 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 motions passed unanimously. 5-0-0
REGULAR MEETING
Minutes: A Motion was made by R. McCall, seconded R. McIntyre to approve the November 9, 2016 Regular 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 R. McIntyre to adjourn the December 14, 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 8:00 p.m.
Respectfully submitted,
Kim Barrows, Clerk
THE NEXT MEETING OF THE ZONING BOARD OF APPEALS IS
WEDNESDAY, JANUARY 11, 2017 AT 7:00 P.M., FIRST FLOOR CONFERENCE ROOM
| 
