APPROVED
OLD LYME ZONING BOARD OF APPEALS
REGULAR MEETING
TUESDAY, October 9, 2007
The Old Lyme Zoning Board of Appeals met on Tuesday, October 9, 2007 at 7:30 p.m. at the Church of Christ the King Parish Center. Those present and voting were Susanne Stutts (Chairman), Richard Moll, June Speirs, Kip Kotzan and Fran Sadowski (Alternate, seated for Tom Schellens).
Chairman Stutts called the meeting to order at 7:30 p.m. Chairman Stutts welcomed Fran Sadowski to the Zoning Board Appeals and noted that Ms. Sadowski is a newly appointed alternate.
ITEM 1: Public Hearing Case 07-33 Keith & Deb Czarnecki, 8 Duck River Lane, variance to construct addition.
Keith Czarnecki was present to explain his application. Chairman Stutts stated that the variance is requested to construct an addition of a mudroom and master bedroom. She noted that the existing nonconformities are 21.3.9, minimum setback from other property line, 35’, 5’ for the garage on the east side and 7.4.7, no building within 50’ of the mean high tide line of navigable waters. Chairman Stutts stated that the proposal does not comply with Sections 8.8.1, no enlargement on a nonconforming lot and 7.4.7, proposed addition is 48’ from high tide line of navigable waters, 50’ required.
Mr. Czarnecki distributed copies of the application to each member. He explained that the house is perpendicular to the wetlands and on the angle of the wetlands it turns in slightly. Mr. Czarnecki stated that for this reason, he has shown a two-foot encroachment into the tidal wetlands. He indicated that the yellow highlighted area on the plan is the area in conflict with the Regulations. Mr. Czarnecki noted that part of the existing house is already within 50’ of the tidal wetlands. He explained that Drawing A8 depicts the existing walk-out basement and the addition is up ten feet from the waterline. Mr. Czarnecki stated that his photographs show the existing condition of the basement elevation and one can see that there is a retaining wall and the first floor is 8’ from
the basement level. He noted that this 8’ is also depicted on the drawings. Mr. Czarnecki stated that he is proposing to come 4 feet out in this area.
Mr. Kotzan stated that a good portion of the existing home is already in the wetlands and is grandfathered. Mr. Czarnecki agreed. He indicated that he will not have any living space in the basement as he is removing the existing bedrooms. Mr. Czarnecki stated that some day he might like to have a recreation room in the basement. He indicated that most of his neighbors have signed off in approval of his proposal. Mr. Czarnecki stated that he did work on the Roach residence across from the Town Hall and met all the Historic District requirements for that project. He indicated that his commitment is to live in this home and do the project right. Mr. Czarnecki stated that after he purchased the property, he came across an article in a book about this house which states
“Unfortunately, the only accurate description for this floor plan is crazy.” He explained that he worked and worked on the floor plan and the only way he could get it to work was to bump it out a few feet, noting that he did not realize he was 2’ from the wetlands. Mr. Czarnecki stated that he perceived his addition to be 180’ from the waterway.
Chairman Stutts read the response from Gateway Representative Torrance Downes, which indicates that the work will not have any significant adverse impact on the natural and traditional riverway scene for the Connecticut River and the application will not be forwarded to the Gateway Commission for their review.
Mr. Czarnecki indicated that he is reducing the number of bedrooms from five to three. He noted that Mr. Rose has asked for a test pit to verify there is enough reserve area. Chairman Stutts stated that he also needs to comply with FEMA construction requirements, as needed. Mr. Czarnecki agreed and noted that Mr. Rose has indicated that as he inspects he will advise what needs to be done. He indicated that the only work being done of the garage is resurfacing.
Mr. Moll stated that the value of the work on the existing permit is $75,600.00. He indicated that the Zoning Application indicates that FEMA requirements must be met. Mr. Moll questioned the cost of the work in addition to the existing permit. Mr. Czarnecki stated that many times one pulls a permit and it is not the full cost. He indicated that he will reconcile as he goes along. Mr. Czarnecki stated that Mr. Rose and he agreed to go through the costs further after he received Zoning approval. Mr. Moll questioned what he estimates the entire project to cost. Mr. Czarnecki stated that he has an idea of the total cost, but noted that there has been more extensive work in some areas than he anticipated.
Mr. Moll asked what is currently located in the basement. Mr. Czarnecki stated that half the house is a slab on grade and the other half of the house has a full basement, with two bedrooms and a bath. He noted that they will have plywood available in case of a storm so that they can barricade the windows instead of using hurricane windows. Mr. Czarnecki indicated that the proposal has mechanicals taking up half the basement on the far side. He noted that the equipment will be on mechanical slabs. Mr. Czarnecki stated that the remainder of the basement, which is open to the outside, will remain open with a replaced slider and a replaced window in the openings that were there. He noted that there are currently no plans to finish this room but in the future he would like to. Mr.
Czarnecki stated that when they purchased the house, the lower sheetrock had been cut out. He indicated that last Easter there was a 100 year storm and they did not experienced water in the basement. Mr. Czarnecki stated that there is a drain in the basement which works, as it has been tested. Mr. Moll indicated that it is his understanding that they cannot have any mechanicals in the basement in order to meet FEMA requirements.
Mr. Moll asked that the building permit be marked Exhibit A.
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 07-24 David & Kathleen Collins, 6 Katherine Drive, variance to construct a sunroom over existing deck within 50’ of the tidal wetlands.
Attorney Bennett was present to explain the application. Chairman Stutts read the existing nonconformities: Section 7.4.7, no building shall extend within less than 50’ of the mean high navigable water line. She noted that the existing deck is 42’ from the wetlands line. Chairman Stutts noted that the proposal does not comply with 8.8.1, no nonconforming structure can be enlarged and 7.4.7, proposed sunroom is 41’ from the tidal wetlands.
Attorney Bennett introduced the David and Kathleen Collins. He noted that the existing deck is 44’ from the tidal wetlands line and the proposal has the structure 42’ from the wetlands line. Attorney Bennett explained that the proposed sunroom is 16’ x 16’. He noted that the current deck is 14’ x 12’ along the house. Attorney Bennett stated that the proposal is to purchase a pre-constructed sunroom or three-season room and attach it to the existing building in the area of the existing deck. He noted that there was initial confusion with the application because he original suggested that the sunroom was going on the same footprint as the deck. Attorney Bennett stated that this information was a miscommunication between his client and himself and which
he clarifies in his letter to the Board. He noted that Mr. Collins was under the impression that the piers that support the sunroom where the footprint that needed to be measured rather than the perimeter of the 16’ x 16’ structure. He indicated that in fact the footprint is increasing two feet toward the tidal wetlands.
Attorney Bennett stated that 7.4.7 provides that no structure shall extend within less than 50’ of the mean high navigable waters of the CT, Duck, Lieutenant, Black Hall or Four Mile Rivers or associated wetlands. He indicated that Ms. Brown classifies this as the associated wetlands. Attorney Bennett stated that the stream, as shown on the site plan, is really a drainage which runs from the area of the Old Lyme Country Club under Route 156 and then out toward the river. He acknowledged that there is a tidal influence.
Attorney Bennett stated that the purpose of this regulation is consistency with the principles of Gateway. He noted that this proposal will not adversely impact the waterway scene because it is set so far in from navigable water and very far back from the marshes. Chairman Stutts read a response from J. H. Torrance Downes, Gateway, noting that the proposed structure will not be visible from the CT River and will not have any significant adverse impact on the natural and traditional river way scene and as a result will not be forwarded to the Gateway Commission for review.
Attorney Bennett stated that the lot otherwise conforms to all zoning requirements. He noted that if the structure was a garage they would not need a variance, but a Special Exception from the Zoning Commission. He explained that if the Collins’ receive this variance they must still get a Special Exception so there is another level of oversite. Attorney Bennett stated that the regulation does not preclude a structure within 50’. He noted that the Parker property across the stream has a substantial garage structure and they received a Special Exception for this garage. He noted that the only difference is that the garage is not for human occupancy and the sunroom will be.
Ms. Speirs questioned the location of the high tide line. Attorney Bennett pointed it out on the plan and noted that the water has never come near the home. He indicated that the sunroom will be on posts.
Mr. Moll stated that one of the issues facing the Board is the future conversion of this space. Attorney Bennett noted that they are bound by the statements they are making this evening. He indicated that he represents five towns and he has had to represent clients that have done more than they were issues permits for. He indicated that in that context, this application is forthright.
No one present spoke in favor or against the application. Hearing no further comments, Chairman Stutts called this Public Hearing to a close.
ITEM 3: Public Hearing Case 07-25 Gregory & Linda McKenna, 58 Sea View Road, Appeal of ZEO Cease and Desist Order dated June 26, 2007, for construction of patio structures more than 1 foot off grade and finishing living space in the basement level.
Chairman Stutts noted that this application has been withdrawn.
ITEM 4: Public Hearing Case 07-34 Dan & Maria Eiler/Shawn & Paul Hartan, 27 Sea View Road, variance to demolish existing seasonal dwelling and construct new seasonal dwelling.
Chairman Stutts noted that this application has been withdrawn.
ITEM 5: Open Voting Session
Case 07-33 Keith & Deb Czarnecki, 8 Duck River Lane
Chairman Stutts reviewed the facts of the case. She noted that a small portion of the addition encroaches two feet into the 50’ setback from tidal wetlands. Chairman Stutts indicated that all other Zoning requirements have been met. She noted that the hardship provided is that the existing structure was constructed partially in the wetlands setback and the fact that they are moving the bedrooms and bathroom out of the basement which is in the flood zone. She noted that the number of bedrooms is being reduced from five to three. Chairman Stutts noted that Gateway has indicated that there is no significant adverse impact on the natural and traditional river way scene. She noted that only the mechanicals will be located in the basement. Chairman Stutts stated that FEMA
construction requirements will have to be met.
Mr. Kotzan suggested that a condition of approval be that there will be no bedrooms in the basement. Mr. Moll stated that FEMA prohibits living space and utilities from the basement. He indicated that water needs to be able to flow in and out of the basement area in the flood zone. Mr. Moll stated that he visited the property twice. He noted that Exhibit A has a note on the top from the ZEO indicating that the building permit does not include the addition. Mr. Moll stated that all work should be included to allow this Board to be comfortable in granting their approval. Mr. Kotzan pointed out that the process is ongoing and the permit will be updated when the addition is approved. He noted that this is the responsibility of the Building Department. Mr. Moll stated that it
should be stipulated that the requirements of FEMA be met and if the 50% value cannot be exceeded. Mr. Kotzan indicated that the Building Department is responsible for keeping track of costs and applying the FEMA Regulations. Mr. Moll stated that it is also the applicant’s responsibility.
Mr. Kotzan pointed out that Torrance Downes, Gateway Representative, indicated that there is no significant impact on the natural or traditional river way scene.
Mr. Moll stated that he would like to see a condition that FEMA Requirements will be adhered to. Mr. Kotzan disagreed and noted that it is the Building Department’s responsibility to be sure FEMA requirements are met. Chairman Stutts agreed.
A motion was made by Kip Kotzan and seconded by June Speirs to grant the necessary variances to construct an addition as per the plans submitted. Motion carried 4:1, with Mr. Moll voting against.
Reasons:
1. Gateway has indicated that there is not a significant impact on the river way scene.
2. Applicant is reducing the number of bedrooms from five to three.
3. Within the intent of the Plan of Zoning.
4. No living space in the basement.
Mr. Moll indicated that he voted against because the FEMA requirements have not been reinforced in the motion of approval.
Case 07-24 David & Kathleen Collins, 6 Katherine Drive
Chairman Stutts reviewed the facts of the case. She noted that the proposal is to construct a sunroom over an existing deck within 50’ of the tidal wetlands. Chairman Stutts stated that the proposed sunroom is 16’ x 16’ and will be located over the existing 12’ x 14’ deck and would encroach 2’ further toward the tidal wetlands or 42’ from the edge of the tidal wetlands. She noted that Gateway has indicated that there is no significant impact on the traditional and natural river way scene. Chairman Stutts noted that the property is 19,248 square feet in an R-10 zone where only 10,000 square feet is required. She noted that all other Zoning requirements have been met.
Mr. Moll questioned whether the Board is opening the door to allow every existing deck to become a sunroom. Chairman Stutts stated that each case is different. She noted that this property has almost twice the area required; there is no coverage issue, no setback issue. Mr. Kotzan stated that the stated intent of the Regulation being varied is protection of the river way scene. He noted that Gateway has indicated that there will be no adverse impact. Mr. Kotzan stated that the Board has denied many applications to enclose decks or porches and noted that it all depends what the intent of the Regulation is that is being varied. Chairman Stutts stated that the hardship is that the house was constructed along time ago too close to the edge of the tidal wetlands.
A motion was made by Kip Kotzan, seconded by Fran Sadowski and voted unanimously to grant the necessary variances to construct a 16’ x 16’ sunroom as per the photographs and plans submitted and not to exceed the dimensions on the drawings.
Reasons:
1. Gateway has indicated that there is no significant impact.
2. Property is almost twice the required size for the zone.
3. Proposal is within the intent of the Plan of Zoning.
Case 07-25 Gregory & Linda McKenna, 58 Sea View Road
This application has been withdrawn.
Case 07-34 Dan & Maria Eiler/Shawn & Paul Hartan, 27 Sea View Road
This application has been withdrawn.
ITEM 5: Approval of Minutes
A motion was made by Richard Moll, seconded by Kip Kotzan and voted unanimously to approve the minutes of the September 11, 2007 Regular Meeting minutes as clarified.
ITEM 6: Any new or Old Business
None.
ITEM 7: Adjournment
The meeting adjourned at 8:50 p.m. on a motion by June Speirs and seconded by Kip Kotzan. So voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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