APPROVED
OLD LYME ZONING BOARD OF APPEALS
REGULAR MEETING
TUESDAY, NOVEMBER 14, 2006
The Old Lyme Zoning Board of Appeals met on Tuesday, November 14, 2006 at 7:30 p.m. at the Old Lyme Memorial Town Hall. Those present and voting were Susanne Stutts (Chairman), Richard Moll, Kip Kotzan, Tom Schellens, June Speirs, Joseph St. Germain (Alternate) and Judy McQuade (Alternate).
Chairman Stutts called the meeting to order at 7:30 p.m.
ITEM 1: Public Hearing Case 06-43 Lynne Galipeau, 14 Miami Avenue, variance to construct a sunroom. Continued from the October Regular Meeting.
Lynne Galipeau was present to explain her application. Chairman Stutts explained that the application was continued from the September meeting so that the applicant would have the opportunity to present proper drawings. She indicated that they the applicant has provided plans that have been signed off by Ann Brown, ZEO, and Ron Rose Sanitarian. Chairman Stutts noted that the only variance required is for Section 8.9.3, no additions on a nonconforming lot; it meets all setbacks.
Ms. Galipeau noted that a few of her neighbors wrote letters indicating that they are in favor of her porch. She explained that the porch is now a little smaller to accommodate the proper distance from the septic tank.
Chairman Stutts stated that the Board discussed several possible conditions such as requiring that the exterior siding remain on the outside wall of the house or the new interior rear wall of the porch; that the porch be constructed to building code and not be used as a bedroom. Mr. Schellens stated that he would like to be sure that the porch remains a screened porch.
Mr. Moll organized the current drawings. Chairman Stutts noted that the current drawing shows that one has to come out of the house onto a landing and then going into the porch. Mr. Moll noted that there is currently no access to the porch directly to the interior of the house. Ms. Galipeau indicated that that is correct as she does not want to have to change any doors or windows.
No one present spoke in favor of or against the application. Hearing no further comments, Chairman Stutts called this public hearing to a close.
ITEM 2: Public Hearing Case 06-44 Mark & Maryellen Phelan, 77 Sea Spray Road, Appeal of ZEO’s denial to allow dormer addition.
Chairman Stutts indicated that the applicant’s attorney, John Bennet, has requested that the Public Hearing not be opened until the January Regular Meeting.
ITEM 3: Open Voting Session
Case 06-44 Mark & Maryellen Phelan, 77 Sea Spray Road, Appeal
No action taken. The Public Hearing for this application will be at the January Regular Meeting.
ITEM 4: Public Hearing Case 06-45 Mark & Maryellen Phelan, 77 Sea Spray Road, variance to allow the construction of a dormer.
Chairman Stutts indicated that the applicant’s attorney, John Bennet, has requested that the Public Hearing not be opened until the January Regular Meeting.
ITEM 5: Public Hearing Case 06-46 Thomas & Randie Kahrl, 80-2 Mile Creek Road, variance to allow CityplaceADA front entryway.
Chairman Stutts stated that the proposal does not comply with Sections 8.8.1, no enlargement of a nonconforming building unless in a conforming location; 8.9.3, no buildings on a nonconforming lot can be expanded; 7.4, setback and 21.3.9, minimum setback from other property line 35’ required, 33’ provided. She indicated that the existing nonconformities is lot size, 40,000 square feet provided, 30,492 square feet provided and minimum square of 150’ required and 120’ existing; minimum street setback 50’ provided, 21’ provided; and other setback 35’ required, 5’ 6” provided.
Chairman Stutts noted that the existing coverage is 6 percent and the proposed coverage is 6.1 percent.
Sean Mulligan, builder, and Thomas Kahrl were present to explain the application. Mr. Mulligan explained that the existing front entryway has a set of columns that are at the same distance as the new front entryway. He noted that they would just be expanding slightly from the two adjacent walls. Mr. Mulligan stated that they would like to fill in the two on either side of the existing front steps and make it interior space. Chairman Stutts indicated that it appears that at the present time this area would only be mold pockets. Mr. Mulligan agreed. He noted that this new interior space would just enlarge the foyer and allow an CityplaceADA front entryway. Mr. St. Germain questioned whether one of the applicants had a disability. Mr. Mulligan indicated that Mrs. Mulligan is an
architect and as such she would like to meet this code during their reconstruction in the event it is ever needed.
Chairman Stutts noted that the hardship provided is that the wetlands on the property has forced the house into the corner of the lot; the setbacks only allow one direction to build; and unique because most of the surrounding lots have conforming homes. Chairman Stutts agreed that this property was unique.
Mr. Mulligan indicated that the new entryway would be more inviting.
No one present spoke in favor or against the application. Hearing no further comments, Chairman Stutts called this Public Hearing to a close.
ITEM 6: Public Hearing Case 06-47 Kristy & Roy Bilodeau, 15 Carrington Road, variance to construct a first floor addition.
Chairman Stutts opened the public hearing. She explained that the Sanitarian withdrew his Health Approval and the application is incomplete. Chairman Stutts noted that the applicant expressed the intent to withdraw the application but a withdrawal was not received in the office. The applicant was not present to explain the proposal. No one present spoke in favor or against the application. Hearing no further comments, Chairman Stutts closed this Public Hearing.
ITEM 7: Open Voting Session
Case 06-43 Lynne Galipeau,14 Miami Avenue
Chairman Stutts stated that the applicant has supplied proper drawings. She noted that the case was originally heard at the October Regular Meeting and continued to this meeting for this reason. Chairman Stutts stated a variance is required of Section 8.9.3, no building on a nonconforming lot. She noted that the applicant received Health Department Approval. Chairman Stutts stated that the applicant is not able to purchase additional land. She pointed out that two neighbors wrote letters in support of the application. Chairman Stutts noted that the porch has been reduced to 11’ x 20’. She noted that many of the homes in the area have porches. The Board marked the plans Exhibits A, B, and C.
A motion was made by Richard Moll, seconded by Kip Kotzan and voted unanimously to grant the necessary variances to construct an enclosed porch, 14 Miami Avenue, as per the approved plans (Exhibits A, B, and C) and with the following conditions:
1. Exterior siding be retained on the interior wall of the porch.
2. Porch must be built to Code.
3. Porch not to be used as a bedroom.
Reasons:
1. Modest increase of space for a 768 square foot home.
2. Consistent with other homes in the neighborhood.
3. Proposal is within the intent of the Plan of Zoning.
Case 06-45 Mark & Maryellen Phelan, 77 Sea Spray Road, variance
No action taken. The Public Hearing for this item will be conducted at the January Regular Meeting.
Case 06-46 Thomas & Randie Kahrl, 80-2 Mile Creek Road
Chairman Stutts noted that the proposed CityplaceADA front entryway will be 77 square feet. She noted that variances are required of Sections 8.8.1, 8.9.3, 7.4, and 21.3.9. Chairman Stutts stated that the wetlands on the property pushes the home into the corner of the lot. She noted that the proposed coverage will be 6.1 percent and the existing coverage is 6.0 percent. Chairman Stutts noted that this lot is unique in that the surrounding homes are in conforming locations.
Chairman Stutts stated that the existing situation creates a mold problem and additional functional interior space is not being gained by enclosing this area. She noted that the proposal increases the square footage of the home by 77 square feet.
A motion was made by Kip Kotzan, seconded by Richard Moll and voted unanimously to grant the necessary variances to construct an CityplaceADA front entryway as per the plans submitted.
Reasons:
1. Small addition does not impact neighborhood.
2. Proposal is within the intent of the Plan of Zoning.
3. Proposal does not intrude further into the setback.
Case 06-47 Kristy & Roy Bilodeau, 15 Carrington Road
Chairman Stutts explained that Mr. Rose withdrew Health Department approval. She explained that the applicants indicated that they would be withdrawing the application and a letter of withdrawal was not received. She noted that the application is incomplete and the applicants were not present this evening to represent themselves.
A motion was made by Kip Kotzan and seconded by to grant the necessary variances to construct a first floor addition, Kristy & Roy Bilodeau, 15 Carrington Road, as per the approved plans. Motion did not carry, 0:5.
Reasons:
1. Application is incomplete.
2. The application had no representation at the Public Hearing.
ITEM 8: Approval of Minutes of October 10, 2006 Regular Meeting and the October 17, 2006 Special Meeting.
A motion was made by , seconded by and voted unanimously to approve the minutes of the October 10, 2006 Regular Meeting and the October 17, 2006 Special Meeting as corrected.
ITEM 9: Set December Special Meeting.
The Board agreed to set a Special Meeting on the second Tuesday of December to conduct a public hearing for the town hall expansion application.
ITEM 10: Any New or Old Business to come before said meeting.
Chairman Stutts noted that the Donalds, 12 Binney Road, have appealed the ZBA’s action in upholding the Zoning Enforcement Officer in issuing a Cease and Desist.
ITEM 11: Adjournment.
The meeting adjourned at 8:31 p.m. on a motion by Richard Moll and seconded by Tom Schellens. So voted unanimously.
Respectfully submitted,
Susan J. Bartlett
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