APPROVED
OLD LYME ZONING BOARD OF APPEALS
REGULAR MEETING
TUESDAY, MAY 10, 2005
The Old Lyme Zoning Board of Appeals met on Tuesday, May 10, 2005 at 7:30 p.m. at the Old Lyme Memorial Town Hall. Those present and voting were Susanne Stutts (Chairman), June Speirs, Richard Moll, Kip Kotzan, Judy McQuade (Alternate seated for Tom Schellens) and Edgar Butcher (Alternate).
Chairman Stutts called the meeting to order at 7:30 p.m.
ITEM 1: Public Hearing Case 05-14 Jeffrey Smith, 60 Four Mile River Road, variance to construct a detached garage.
Jeffrey Smith was present to explain his application. He stated that the house is approximately 100 years old with a stone foundation and for that reason he does not want to attach a garage to the house. Mr. Smith stated that there is a level clearing approximately 30 feet from the house where there once was a garage. He explained that his aunt lived in the home at that time, around World War II. Mr. Smith indicated that his immediate neighbor, Ms. Holough, gave him a letter in favor of the application.
Mr. Smith noted that Ms. Brown indicated to her that if the lot were vacant, one would only need 90 percent of the required land area in order to build a house and a garage. Ms. Stutts stated that she does not see that as pertinent as the lot is not vacant. Mr. Smith stated that the garage will be 14’ x 26’. He indicated that the garage door will be directly facing the street. He noted that the garage will be 12’ in height. Mr. Smith stated that he will be using the current driveway for access.
Ms. Stutts stated that the zone requirement is 40,000 square feet and the subject property is 36,590 square feet. She noted that variances are required of Sections 8.9.3 and 21.3.3. Mr. Smith indicated that he would like to be able to store his antique vehicle. He indicated that his lot is very close to conformity and noted that the property was divided long before zoning. Ms. Speirs asked if Mr. Smith could show the driveway access on the site plan. Mr. Smith drew the driveway on the plan. He explained that the driveway comes in just slightly to the right of the house. Mr. Smith stated that there is a turn-around area that goes to the left in front of the house and another area to the right and along the road. He indicated that the turn-around areas could be used so that
one would not have to back out onto the road.
Ms. Stutts noted that there is a root cellar and a shed. Mr. Smith noted that he is planning to remove the existing shed as it is collapsing. Ms. Stutts stated that the root cellar has a stone foundation.
Mr. Smith stated that his parents own the next house down the street. He indicated that they are in their 70’s and fairly often need his assistance. Mr. Smith stated that he purchased this property from a woman that his family has known for a long time. He indicated that he plans to side all the buildings in white with black roofs. Mr. Smith stated that he plans to put the antique jeep in the garage, along with his vehicle.
It was noted that the coverage on the property is under the maximum amount permitted. Chairman Stutts read a letter from Theresa Holough, 62 Four Mile River Road, indicating that she is in favor of the application.
No one present spoke in favor of or against the application.
Mr. Moll questioned whether Mr. Smith has contacted his neighbors in an attempt to purchase additional land. Mr. Smith replied that he contacted Diebolt to his rear, who does not want to sell any land.
Hearing no further comments, Chairman Stutts closed this Public Hearing.
ITEM 2: Public Hearing Case 05-15 John Matarazzo, 5 Coult Lane, variance to construct a screened porch over an existing deck.
John and Debbie Matarazzo were present to explain their application. Mr. Matarazzo stated that his property does not have the 200 foot minimum square. He noted that he has adequate land area, 82,764 square feet in an R-80 zone. Mr. Moll noted that the Assessor’s Map shows the impact of the square on most of the properties on Coult Lane. He explained that there is currently a 12’ x 30’ existing deck that he would like to screen. Mr. Matarazzo stated that they would not be covering any additional land.
Ms. Stutts stated that variances are required of Sections 21.3.3, minimum square and 8.9.3, no additions on a nonconforming lot. Mr. Matazarro stated that his hardship is the shape of the lot and he believes the request is modest and reasonable. He noted that the lot is part of an approved subdivision. Mr. Matarazzo noted that he approached both his neighbors, neither of which is willing to sell a portion of their land. He stated that both of these neighbors submitted letters to this effect which are in the file. Mr. Matarazzo noted that they are both in favor of his application also.
Mr. Matarazzo explained that the screened porch will have a cathedral ceiling. Ms. Speirs questioned whether the screens would be floor to ceiling. Mr. Matarazzo replied that they would be floor to ceiling with a 2” x 3” or 2” x 4” in the middle for support. He indicated that there will not be a knee wall and there will not be windows of any type.
Mr. Matarazzo stated that they can not enjoy the outdoors after dusk because of the mosquitoes. He noted that the back of the lot is wooded.
Mr. Moll questioned how long they have owned the property. Mr. Matarazzo replied that they have owned it seven years. Mr. Moll stated that the latest Assessor’s Card shows an existing 12’ x 30’ deck. He questioned when it was originally constructed. Mr. Matarazzo stated that the deck was existing seven years ago when they purchased the property.
No one present spoke in favor of or against the application. Hearing no further comments, Chairman Stutts closed the Public Hearing.
ITEM 3: Open Voting Session
Case 05-14 Jeffrey Smith, 60 Four Mile River Road
Ms. Stutts stated that the applicant is requesting variances to construct a detached garage, 14’ x 26’ x 12’ high. She noted that the existing nonconformity is Section 21.3.1, 36,590 square feet in an R-40 zone that requires 40,000 square feet. She noted that a variance is needed of Section 8.9.3, no additions on a nonconforming lot. Chairman Stutts stated that Mr. Smith is unable to purchase additional land from his abutting neighbors. She pointed out that all the setback requirements are met.
Mr. Kotzan stated that having a garage is a reasonable use of the property. He noted that the variance required is for the minimum lot size and it is impossible for Mr. Smith to increase the lot size. Mr. Kotzan stated that he would add a condition to any approval that the same driveway entrance be used for access. Ms. McQuade stated that another condition should be that the shed be removed prior to issuance of a building permit.
A motion was made by June Speirs, seconded by Kip Kotzan and voted unanimously to grant a variance of Section 8.9.3 to construct a detached garage, Jeffrey Smith, 60 Four Mile River Road, as per the approved plans and with the following conditions:
1. Shed to be removed prior to issuance of a Building Permit.
2. Existing driveway entrance to be used for access to garage.
3. Garage to remain a garage, not inhabited.
Reasons:
1. Lot is odd-shaped.
2. All setbacks and coverage requirements are met.
3. Property is year round and a garage is a reasonable use of the land.
4. Within the intent of the Plan of Zoning.
Case 05-15 John Matarazzo, 5 Coult Lane
Chairman Stutts stated that the applicant is requesting variances to construct a screened porch over an existing deck. She noted that the property lacks the minimum square of 200’, although it has adequate lot area. Chairman Stutts stated that a variance is required of Section 8.9.3, no additions on a nonconforming lot. She indicated that the existing deck is 12’ x 30’ and the screened porch will be 18’ in height. Chairman Stutts stated that the Matarazzo’s were unable to purchase additional land from abutting neighbors. She pointed out that Health approval was received. Ms. McQuade suggested a condition of approval be that the porch remain a screened porch and not ever be enclosed.
Mr. Kotzan stated that the minimum square was adopted to prevent exactly the type of lots in this subdivision. He noted that the screened porch does not increase coverage and meets all setbacks. Chairman Stutts stated that she visited the property and noted that the deck is on the rear of the house and will not impact the neighbors.
Mr. Moll stated that the square requirement is a 1995 Regulation change. He questioned whether this requirement should be revisited for areas such as Coult Lane. Mr. Moll stated that just about every property in this subdivision is nonconforming as to the square. He stated that mosquitoes may be a Health issue because of West Nile virus.
A motion was made by Richard Moll, seconded by June Speirs and voted unanimously to grant a variance of Section 8.9.3 to construct a screened porch on an existing 12’ x 30’ deck, John Matarazzo, 5 Coult Lane, as per the approved plans and with the following conditions:
1. To remain an open, screened porch.
2. No use as a bedroom.
Reasons:
1. Lot is odd shaped.
2. All setbacks and coverage requirements are met.
3. No change in use.
4. Within the intent of the Plan of Zoning.
ITEM 4: Referrals from the Old Lyme Zoning Commission
a. Proposed Amendment to the Old Lyme Zoning Regulations, Section 7.4.6.
b. Proposed Amendment to the Old Lyme Zoning Regulations, Schedule B-1, Line 1.
c. Proposed Amendment to the Old Lyme Zoning Regulations and Zoning Map to create a new Sound View Village District.
Chairman Stutts stated that the proposed regulation regarding fences was before the Zoning Commission last evening. Ms. Bartlett noted that referral (b) was discussed last evening also, but the Public Hearing was being held open until June because of the 35-day referral requirement. She explained that a Special Meeting was to be set to hear referral (c). Ms. Bartlett indicated that she would notify Commission members of the date when one is set.
Mr. Moll stated that because the Zoning Board of Appeals is the appeals process for the Zoning Commission, they should not get involved in the setting of policy. He indicated that the individual Zoning Board of Appeals members should attend the Public Hearings, if interested. Mr. Moll stated that he has an article about the Sound View Village District that he cut out of The Day and he would like it copied by Ms. Bartlett and distributed to each member.
ITEM 5: Approval of Minutes of the April 12, 2005 Regular Meeting
Mr. Moll noted that the minutes reflect that a report is long overdue on the enforcement of the clean-up at 286 Shore Road. He noted that the issues he would like a report on have nothing to do with the pending court case. Ms. McQuade stated that she believes the garage is being used. Mr. Moll stated that he would like the property inspected and a report provided. He indicated that he would like a response from the Zoning Enforcement Officer.
A motion was made by Richard Moll, seconded by Kip Kotzan and voted unanimously to approve the minutes of the April 12, 2005 Regular Meeting as clarified.
ITEM 6: Any New or Old Business to come before said meeting.
None.
ITEM 7: Adjournment.
The meeting adjourned at 9:05 p.m. on a motion by Kip Kotzan and seconded by Richard Moll. So voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Clerk
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