Lyme Zoning Board of Adjustment
Minutes: August 17, 2006
Board members: Present - Alan Greatorex, Chair; Walter Swift, Ross McIntyre
Absent - George Hartmann, Jim Poage
Alternate members: Present - Marcia Armstrong
Absent -Margot Maddock
Staff: Vickie Davis, Zoning Administrator; Adair Mulligan, recorder
Public: Rod Finley, Steve and Sarah Holzer, Tom Turkington, Richard Saito
Minutes of the June meeting were approved as amended on a motion by Marcia, seconded by Alan.
Steve & Sarah Holzer, Applicants, Permit Application 2006 - 158, Map 407, Lot 109
Project: add on to house at 112 Highbridge Road.
Alan appointed Marcia to sit as a regular member. The applicants accepted a four-person board.
Steve & Sarah Holzer propose to add onto their house in the Rural District. This requires a special exception to encroach into the road setback and the wetlands and shoreland conservation districts and exceed the maximum building footprint under sections 8.22, 8.24, and 8.25. The town’s conservation district maps do not show hydric soils here. However, when a Conservation Commission member visited the property, it was clear there were wetlands. There is a man-made ditch east of the house that was apparently built to convey water toward the stream from the slope. The consultant, Rod Finley of Pathways Consulting, visited the site to roughly delineate the wetlands. Members viewed a large scale map prepared by Rod Finley, colored with pencil to show the Shoreland and Wetlands Conservation Districts.
Rod presented a second, newer map of the building area. During later discussion of the wet slopes above the house, Steve said that it appears that the stream passing on the opposite side of Pinnacle Road had been altered in the past to direct water under the road and onto the property. The result is that most of the lot is wet, and his basement floods. His deed does include another landowner’s right to water cattle on the property. Rod said that when a new septic system was installed in 2005 (which has been approved), the fill eliminated the old Highbridge Road drive near the stream. The applicants propose to move the drive out of the wetland buffer and onto Pinnacle Road. There is an approved curb cut for it. The Conservation Commission’s letter has recommended that the area of the former drive near the stream be planted as a riparian zone. Adair will provide buffer planting guidance from the Connecticut River Joint Commissions.
The house, which is historic and predates zoning, is located in both the wetland setbacks and the front setbacks for both roads. The proposal is just under the 1000 sf allowable for expansion into the setbacks, and will consist of a new drive, addition to the house, removal of small porch, and new garage. The deck is not considered part of the footprint since it has no roof, although Rod said he has suggested that the roof line of the addition be continued with open rafters over the shed for aesthetics. Alan said he was not comfortable with this because it would provide framing for future addition of a roof.
Discussion turned to the issue of the existing 240 sf shed and whether it could be removed to give enough footprint allowance to permit a two car garage instead of the proposed one car garage. Walter asked if the shed could be reconfigured to allow it to hold a vehicle. Steve said it had been built for a horse and would need rebuilding. He would prefer to eliminate it, but was concerned that this would put the project over the 1000 sf allowance. Rod then proposed that if the 240 sf shed were to be removed, and this same area added to the garage, he could build a garage of 540 sf or 23' x 24', enough for two cars. The encroachment on the conservation district and setbacks would remain the same. Rod and the applicant agreed that they would like to revise their application,
and Rod drew the changes on a plan originally dated June 23, 2006, revised on July 12, July 24, and now August 17.
Deliberations: Alan moved to grant special exceptions under sections 8.22, 8.24, and 8.25 of the March 16, 2006 version of the Lyme Zoning Ordinance. Findings of fact are that the structure is non-conforming and predates the 1989 adoption of zoning. The use is residential. The lot is in the Rural District. The lot has a total of 5.1 acres. Reductions in lot size due to the Wetlands Conservation District amount to 62,500 sf; due to the Wetlands Buffer and Shoreland Conservation District (combined) 79,165 sf; and due to Agricultural Soils 23,760sf, for a total lot size reduction of 165,425 sf, leaving a useful lot size of 56,731 sf. The existing shed will be removed. The allowable maximum building footprint after reductions is 1,135 sf, and the pre-zoning (and current) footprint is 996sf. The footprint of the
proposed additions, less any portions of the existing footprint being demolished, is 1097 sf. This exceeds the maximum allowable by 958 sf, leaving 42 sf of the 1000 sf increase for building footprint allowed by special exception.
The maximum allowable lot coverage is 6807 sf. The pre-zoning lot coverage was 996 sf. The current (existing) coverage is 1236 sf. The proposed addition will add another 983 sf which leaves an additional 4,588 sf for future lot coverage. There is no reasonable alternative location for the proposed additions outside of the setbacks or conservation districts. In addition, all of the provisions in sections 8.22, 8.24, and 8.25 have been met. The Conservation Commission has reviewed the project and finds that it is the best location. The board also finds that the provisions of section 10.40 (Special Exceptions) have been met.
In granting these special exceptions, the board imposes the restrictions that best management practices shall be employed from the beginning of any work on the project to the project’s completion. The board also recommends that the entrance to the drive be treated as described in the curb cut permit, and that the owners follow the requirements of the Conservation Commission. All construction will be done in a timely fashion, including removal of the shed. There were no comments from abutters. Walter seconded the motion and it passed unanimously.
Tom Turkington, Applicant, Permit Application 2006 -164, Map 404, Lot 34
Project: add a porch and breeze way at 25 Breck Hill Road.
Tom Turkington proposes to add a porch to his house and a breeze way to connect his house to his garage in the Rural District. This requires a special exception to exceed the maximum building footprint under section 8.25 of the zoning ordinance. Currently, the house and garage are two distinct buildings with two distinct footprints. However, once they are connected by a roofed breeze way, they combine to be one building with one footprint. Tom plans to move his front door. The applicant accepted a four-person board.
Deliberations: Ross moved to grant a special exception under section 8.25 for exceeding the maximum building footprint, finding that the house was constructed in 1965 before zoning; because of the planned construction of 684 sf to connect the house and garage, the outcome is to add 684 sf to the existing 1408 sf footprint; this exceeds the maximum building footprint; an additional 1000 sf of footprint is allowable by special exception; there is no significant impact of the connecting breeze way on the surrounding property because it will be between two existing structures; all are within the existing building zone; there are no other limitations. No abutters provided comment. Conditions include use of best construction practices and to build essentially as presented. Walter seconded the motion and it passed
unanimously.
Richard M. Saito and Patricia Ernst, Applicants, Permit Application 2006 - 166, Map 413, Lot 23
Project: add a carport at 18 Canaan Ledge Lane.
Richard M. Saito and Patricia Ernst propose to add a carport to their home in the East Lyme District. This requires a special exception to exceed the maximum footprint and encroach into the property setbacks under sections 8.22 and 8.25 of the zoning ordinance. Vickie pointed out that the setback issue is a difficult one in this subdivision of relatively small lots in the East Lyme District. The applicant accepted a four-person board. He presented a letter from an abutter, who expressed no objections. Walter asked if the letter asked for additional screening. Richard said no, and that there is a line of trees between the houses.
Vickie pointed out that an earlier 1989 ZBA decision had granted a special exception only for the setback and not for the footprint of an addition of 720 sf. Alan asked how runoff from the new roof would be handled, and recommended use of crushed stone. Richard said he may use a gutter.
Deliberations: Walter moved to grant a special exception to build a carport extension to the existing garage at this house in the East Lyme District, finding that the extension increases the building footprint by 216 sf; it lies within both side setbacks, which overlap on this lot; the net addition plus prior expansions of 720 sf into the setback encroach on the 1000 sf allowable under section 8.25 and result in a balance of 64 sf for future expansion of the footprint. Conditions are that best construction practices will be used to control erosion, and to build essentially as presented. Ross seconded the motion and it passed unanimously.
Meeting adjourned 9:02 pm.
Respectfully submitted,
Adair Mulligan, Recorder
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