APPROVED
OLD LYME ZONING BOARD OF APPEALS
REGULAR MEETING
TUESDAY, JANUARY 13, 2004
The Old Lyme Zoning Board of Appeals met on Tuesday, January 13, 2004 at 7:30 p.m. at the Old Lyme Memorial Town Hall. Those present and voting were Richard Moll (Acting Chairman), Tom Schellens, Kip Kotzan, and Wendy Brainerd (Alternate - seated). Also present was Ann Brown, Zoning Enforcement Officer.
ITEM 1: Public Hearing Case 04-01 Lisa Grenier, 7 Mile Creek Road, variance to allow increase in roof pitch.
Lisa Grenier stated that she currently rents the property at 7 Mile Creek Road from her parents. She stated that because of the shape of the roof and the way the rooflines meet in the rear of the structure, there is interior water damage. Ms. Grenier stated that they have had problems with mold and mildew on the ceilings. She noted that the only way to solve the problem is to change the pitch of the roofs. Ms. Grenier noted that the only increase would be attic space.
Ms. Brown raised a point of information that the agenda is defective, as it indicates that the meeting date is January 13, 2003. She stated that the Board must adjourn the meeting and continue the hearings to a properly posted meeting date. Mr. Moll stated that the legal ad was correct and the abutters were properly notified. He indicated that he is reluctant to adjourn the meeting based on a typographical error on the agenda. Ms. Brown suggested opening the public hearings, taking testimony and continuing the public hearings to a properly posted meeting date. She then suggested calling an attorney for an opinion.
The Board took a 10-minute recess at this time. Mr. Moll reconvened the meeting and stated that it is the attorney’s opinion that the meeting can legally proceed.
Ms. Grenier explained that the interior area where the roof is being raised is inside a closet. Mr. Moll stated that the application indicates that the hardship is the current roof design, with its crickets and valleys, there are numerous leaks in the ceiling within the interior of the house; the roof pitch needs to change to prevent further interior damage. He noted that the change does not add any living space to the existing dwelling. Mr. Moll noted that the property is 14,375 square feet and is located in an R-20 zone with a 20,000 square foot requirement. He noted that the property does not have the proper 100-foot square and the house is located 14.5 feet from the street, for a variance required of 15.5 feet.
Ms. Grenier stated that the house was constructed in 1910, many years prior to Zoning. Janet Sturgis, neighbor across the street, indicated that Ms. Grenier has spent the last year working hard on improving the house. She noted that the new roof would not have any impact from the street. Ms. Sturgis stated that she is in favor of the application. Hearing no further comments, a motion was made by Tom Schellens, seconded by Kip Kotzan and voted unanimously to close this Public Hearing.
ITEM 2: Public Hearing Case 04-02 Hudson Sullivan Homes, LLC, Canty Lane/326 Shore Road, variance to construct new home on a nonconforming lot.
Mr. Moll read a letter dated January 13, 2004 from Ron Rose indicating that he would have to withdraw his approval because it has come to his attention that a well is improperly located on the site drawing. He noted that the engineering firm responsible for the drawing was contacted by Mr. Rose and the well/septage separation error remained unresolved at time of Town Hall closing.
Mr. Moll stated that Attorney McGarry indicated to him that the applicant would like to continue the Public Hearing in order to have the opportunity to resubmit proper plans. Mr. Moll noted that the Public Hearing for this item is continued to the February Regular Meeting. He stated that Attorney McGarry has indicated that he will submit a letter to the Zoning Office in the morning, agreeing to the continuation.
ITEM 3: Public Hearing Case 04-03 Kirsten Parker, 61 Shore Road, variance to construct a garage and addition.
Mr. Moll read a letter from Jebson O’Connell, Historic District Commission, indicating that although this property is not located within the Historic District, the property is of historic significance because of its age dating back to the 1850’s. He noted that the Historic District Commission indicates that the proposed changes to the porch would enhance its value and the other changes would not affect the homes continued significance.
Mr. Moll explained that this property is located in the flood zone, and should therefore meet all FEMA requirements. He noted that there is an exemption for historic homes meeting flood plain standards.
Jeff Flower, Architect, stated that Ms. Parker originally planned to construct a garage. He noted that when she purchased the property there was an enclosed screened porch to the right which they removed. He explained that they would like to take the half porch and continue it around the other corner of the house. Mr. Flower stated that the house is almost entirely in the setback. He pointed out on the rear of the house where they are proposing a new entry/mudroom. Mr. Flower stated that this small addition would allow for an entry, allow room for a half bath downstairs (removing an existing full bath) and also allow room to build new stairs. He noted that the stairs in the front of the house are only 22” wide and the stairs in the rear are also inadequate. Mr. Flower
explained that the rear area of the house will be built to flood standards. He stated that the existing home is a two-family home with three bedrooms and the applicant intends to convert it to a single-family home with three bedrooms.
Mr. Flower stated that there is an existing deck that they would like to move slightly and rebuild. He stated that they would also like to relocate the bulkhead as shown on the plans. Mr. Flower reiterated that the rear of the house would be FEMA compliant. He noted that the garage is a standard 3-car garage and there are no variances required for this garage. Ms. Brown pointed out that the applicant would have to go to the Zoning Commission for a Special Exception for the garage.
Mr. Moll read the following from the application: Lot area required, 40,000 square feet, 46,175 square feet existing (duplex required 80,000 square feet and this nonconformity will be eliminated); minimum setback from street, 50’ required, 40’10” existing; side setback, 35 required, 5’ existing; variances required for Sections 8.8.1, 21.3.7, and 21.3.9.
Mr. Flower noted that the rear deck is covered by a smaller deck above off the master bedroom. Mr. Schellens complimented the applicant on her sensitivity toward this historic structure. Mr. Kotzan stated that it is very significant that the home is being reduced from a two-family to a single-family dwelling. He questioned whether this is documented as part of the application. Mr. Flower stated that the existing floor plan shows two kitchens and the proposed floor plans show only one kitchen.
No one present spoke in favor of or against the application. Hearing no further comments, a motion was made by Tom Schellens, seconded by Wendy Brainerd and voted unanimously to close this Public Hearing.
ITEM 4: Public Hearing Case 04-04 Edmund and Carolyn Wolcott, 6 Duck River Lane, variance to convert and enlarge existing garage and carport into a two-story two-car garage.
Mr. Moll stated that this property is located in an R-40 zone and the lot is nonconforming. He noted that the survey shows the square footage slightly under the 40,000 square feet required, even though the Assessor’s Card shows that the lot is slightly over 40,000 square feet. Mr. Moll stated that the side setback required is 35’ and 6’ is existing. He noted that variances are required of Sections 8.8.1, 8.9.3 and 21.3.9.
Lynn Wolcott stated that the property currently has a single car garage with a carport very close to the property line. She explained that they would like to convert this to a two-car garage with storage above, as there is no basement in the house. Ms. Wolcott stated that because of the marsh on the property, there is no other place to put a garage without requiring a variance. Mr. Wolcott noted that the house was constructed in approximately 1790. Ms. Wolcott stated that every other house on the street has at least a two-car garage and/or a basement.
Ms. Wolcott stated that the dormer was designed to accommodate the concerns of a neighbor. She noted that the neighbor requested that the dormer be on the front so as to not impact their view. She presented a letter from this neighbor indicating that they support the application. Mr. Moll read this letter from Claudia Hicks, 4 Duck River Lane (Exhibit A). Ms. Wolcott stated that another neighbor, John Lowman, also indicated that he had no objections. She stated that the other neighbors, Caulfields, also had no objections.
Ms. Wolcott noted that the stairs to the second floor would be pull-down attic stairs. Mr. Wolcott stated that there would be no water supplied to the garage. Mr. Wolcott noted that they are raising the ridge approximately 2 feet and they would be increasing the footprint approximately 60 or 70 square feet on the far corner of the existing carport. Mr. Schellens questioned how much of the second floor has standing headroom. Mr. Wolcott replied that he was not sure. Mr. Moll expressed concern about the area being converted to living space at some point in time. Mr. Wolcott noted that there would be no water supply or heat. He indicated there would be electricity.
No one present spoke in favor of or against the application. Hearing no further comments, a motion was made by Kip Kotzan, seconded by Tom Schellens and voted unanimously to close the Public Hearing for this item.
ITEM 5: Public Hearing Case 04-05 David and Susan Rahr, 10 Ferry Road, variance to construct a screened porch and second floor addition at the rear of the building and add a gable roof.
Mr. Rahr indicated that they would be moving to 10 Ferry Road in the spring. He noted that the lot is shaped like a noodle, 67’ wide by 440’ long. Mr. Rahr stated that the house was placed on the northwest corner of the lot, 8’ from both the north and west boundaries. He noted that the only access to the house from the garage and the yard is by an awkward and unprotected doorway. Mr. Rahr stated that they would like to add another entrance, which would also be used as a seasonal screened porch on the south side of the house. He explained that they would also like to add a 4’ addition to one of the small bedrooms on the second floor to create a master bedroom on the south side of the house away from the street. Mr. Rahr stated that the shed roof would be
eliminated. He noted that this addition would add 64 square feet of living area.
Mr. Rahr stated that he is proposing four enhancements to the property in a restrained and respectful way. He indicated that the screened porch is 10’ x 20’. He noted that all of the changes are on the south side of the property, away from the street. Mr. Rahr stated that the second improvement is the 64 square foot addition on the second floor and the third improvement is to create a modest eave on the east-west and connect it with the north-south eave line. Mr. Rahr stated that the fourth improvement is to improve the garage by creating a space that can be used for storage and a modest study. He noted that there is currently electricity in the garage. Mr. Rahr stated that there would be no plumbing in the garage and no change to the footprint. Mr. Rahr noted that the
house was constructed in 1830.
Mr. Moll noted the existing nonconformities: Minimum lot size, 40,000 square feet required, 29,185 square feet existing; Minimum square, 150’ required, 64’ existing; setback from street, 50’ required, 8’ existing; and minimum other setback, 35’ required, 7 and 8 feet existing.
No one present spoke in favor of or against the application. Hearing no further comments a motion was made by Kip Kotzan, seconded by Tom Schellens and voted unanimously to close this Public Hearing.
ITEM 6: Open Voting Session
Case 04-01 Lisa Grenier, 7 Mile Creek Road
Mr. Moll stated that the variance is to allow an increase in the roof pitch to resolve a continuing problem with mold and water damage. He noted that the required lot size is 20,000 square feet and this property is 14,375 square feet; minimum square is 100’ and 80’ is provided; 30’ street setback required, roof is 28’ from street. Mr. Moll noted that the house was constructed in 1910 and the roof to be repaired is part of a later addition to the house.
A motion was made by Tom Schellens, seconded by Wendy Brainerd and voted unanimously to grant the necessary variances to allow the reconstruction of the roof as per the application, with the condition that there is no expansion of living area.
Mr. Schellens noted that the variance is being granted to allow a roof modification to address a structural defect and is within the intent of Zoning. Mr. Kotzan noted that the use of the structure is not being intensified.
Case 04-02 Hudson Sullivan Homes, LLC, Canty Lane/326 Shore Road
Mr. Moll noted that the Public Hearing for this item has been continued to the February Regular Meeting.
Case 04-03 Kirsten Parker, 61 Shore Road
Mr. Moll stated that variances are requested to allow a garage and addition. He noted that the applicant intends to maintain the historic value of the home, although it is not located directly in the Historic District. Mr. Moll stated that the applicant testified that the only change to the front of the house will be the porch and the rest of the front exterior, including the gingerbread trim, will remain intact as it is today. He explained that the house is currently two-family and this nonconformity is being eliminated, as the home is being converted to a single-family dwelling. Mr. Moll stated that variances are requested for: minimum street setback, 50’ required, 40’10” existing; and minimum setback from other property lines, 35’ required, 5’
existing.
Mr. Moll stated that although the lot is conforming, the house was constructed in the front and side setbacks, as are the additions. Mr. Schellens stated that the structure is historic and the location of the home predated Zoning. He stated that he believes the changes are sensitive to the historic value and complimentary to the structure. Mr. Kotzan stated that the additions will not intensify the use of the property and noted that they are eliminating the nonconformity of the two-family dwelling.
Mr. Moll stated that the garage addition does not have to be addressed as part of this application as it is in a conforming location.
A motion was made by Tom Schellens, seconded by Kip Kotzan and voted unanimously to grant the necessary variances to allow an addition as per the approved plans, with the condition that the house be converted to a single family residence and that the porch modification on the left front of the house be a mirror image of the porch on the right hand side in construction, ornamentation and finishes.
Mr. Schellens noted that this proposal is within the intent of the Plan of Zoning.
Case 04-04 Edmund and Carolyn Wolcott, 6 Duck River Lane
Mr. Moll stated that variances are being requested to convert and enlarge an existing garage and carport into a two-story two-car garage. He explained that the minimum lot requirement is 40,000 square feet and approximately 39,000 square feet exist; other setback, 35’ required, 6’ existing. He stated that variances are required of Sections 8.8.1, 8.9.3 and 21.3.9.
Mr. Schellens stated that the lot is part of an approved subdivision in the 1960’s. He noted that the rear of the lot fronts on the Duck River. Mr. Schellens stated that the ridge line of the existing garage/carport is only being raised two feet. He noted that there is a small increase in bulk and a small increase in coverage. Mr. Kotzan stated that the use requested is very reasonable, as there is no basement in the main house. Mr. Schellens stated that the area of the lot is only slightly deficient. Ms. Brown stated that she does not think this lot is part of a subdivision.
Mr. Kotzan pointed out that as a measure of good faith the applicant proposes pull-down attic stairs. He noted that the proposal would improve the property. Mr. Moll stated that the neighbor that is impacted most by the proposal has written a letter in support of the application.
A motion was made by Kip Kotzan, seconded by Wendy Brainerd and voted unanimously to grant the necessary variances to convert and enlarge an existing garage and carport into a two-story two-car garage as per the approved plans, with the conditions that there be no water or heat in the structure.
Mr. Kotzan stated that reasonable use of the property would include a two-car garage. He noted that a portion of the property is wetlands.
Case 04-05 David and Susan Rahr, 10 Ferry Road
Mr. Moll stated that the variance is requested to construct a screened porch and second floor addition on the rear of the building and to add a gable roof. He noted that the minimum lot area required is 40,000 square feet with 29,185 square feet existing; minimum square required is 150’ and existing is 64’; street setback required is 50’ and 8’ existing; minimum other setbacks, 35’ required 7 and 8’ existing. Mr. Moll stated that variances are required of the following Sections: 8.8.1, 8.9.3 and 21.3.9
Mr. Schellens stated that many of the lots in the village are not 40,000 square feet. He noted that the lot pre-exists Zoning by 200 years. Mr. Schellens stated that the proposal is unique and sensitive. Mr. Kotzan stated that the additions do not increase the intensity of use on the property. He noted that the porch and entry are a modern addition to the house and do not have a negative impact. He noted that these changes meet the intent of Zoning.
Mr. Moll noted that the Sanitarian indicated that the septic system needs repair, although the application was approved. He explained that the garage is not part of this application. Mr. Schellens stated that the applicant indicated that there would not be water or heat in the garage.
A motion was made by Kip Kotzan, seconded by Tom Schellens and voted unanimously to grant the necessary variances to construct a screened porch and second floor addition at the rear of the building and add a gable roof as per the approved plans.
ITEM 7: Any New or Old Business to come before said meeting.
Mr. Moll read a letter from First Selectman Tim Griswold dated December 22, 2003, to the Land Use Boards and Linda Krause, indicating that the Board of Selectmen seeks to have the Regulations for the Sound View Design District (SVDD) presented to the Zoning Commission in February or March at the latest. He explained that the Sound View Design District Committee is comprised of Chairman or their designees, with Skip Sibley being the liaison. Mr. Moll indicated that Chairman Speirs asked that he attend the meeting with her, although in the end Ms. Speirs was unable to attend. He explained that at the meeting, Eric Fries suggested that the Zoning Commission could make an application to themselves.
Mr. Moll explained that the new regulation should reduce or eliminate the need for variances and would be helpful to the Zoning Board of Appeals. He noted that the septic and parking situations were discussed at great length and it was acknowledged that the resolution of these items could be difficult and must be given priority by resolution before expending inordinate time on other aspects of the SVDD zoning regulation changes. Mr. Moll stated that he wanted to share this information with the Board to keep them informed. He noted that the next meeting would be held on January 21, 2004.
Mr. Moll stated that there was a case in 1986 that the Board heard and denied and then again denied the same application in 1988. He noted that it was appealed to the Superior Court and in 1990 the appellant prevailed and the Board was overturned. Mr. Moll stated that the applicant never constructed the home and has again applied to the Zoning Board of Appeals. Ms. Brown stated that if this information is being made available to the members, the applicant should understand that it has been provided and it should be made part of the record. Mr. Moll stated that he would leave it up to Chairman Speirs as to whether she would like to distribute the information. Mr. Moll asked Ms. Brown to confirm with Chairman Speirs whether she would like the information distributed and if so, to please
distribute it as appropriate.
Mr. Moll read a letter from Ann Brown to June Speirs regarding Dimitri Tolchinski, 286 Shore Road, indicating that she has met with Mr. Tolchinski regarding the height of his garage structure. He noted that Mr. Tolchinski is questioning whether he must come back to the Zoning Board of Appeals to increase the height and make the other proposed design changes to the building. Ms. Brown explained that Mr. Tolchinski has submitted an application in order to expedite the process in the event that the Board felt he should make application for the changes. Ms. Brown indicated that Chairman Speirs felt the matter should come back to the Zoning Board of Appeals, but wanted the Board’s input.
The Board discussed the matter and felt it appropriate for Mr. Tolchinski to make application to the Zoning Board of Appeals for the proposed changes.
ITEM 8: Approval of Minutes
Action on this item was tabled to the February Regular Meeting. The Board discussed a possible Special Meeting to approve the minutes, noting that it is their preference to have a meeting in the late afternoon. Mr. Moll asked Ms. Brown to discuss the issue with Chairman Speirs and set a meeting date.
ITEM 9: Adjournment.
The meeting adjourned at 10:50 p.m. on a motion by Kip Kotzan and seconded by Tom Schellens. So voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Clerk
| 
