APPROVED
OLD LYME ZONING BOARD OF APPEALS
REGULAR MEETING
TUESDAY, November 13, 2007
The Old Lyme Zoning Board of Appeals met on Tuesday, November 13, 2007 at 7:30 p.m. at the Church of Christ the King Parish Center. Those present and voting were Susanne Stutts (Chairman), Joseph St. Germain (Alternate seated for Kip Kotzan), June Speirs, Judy McQuade and Fran Sadowski (Alternate, seated for Richard Moll).
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 07-35 Dimitri and Adel Tolchinski, 286 Shore Road, Appeal of Cease and Desist Order
Chairman Stutts noted that the applicant has requested that this hearing be opened and continued to the January, 2008 Regular Meeting.
ITEM 2: Public Hearing Case 07-30 Frank & Loretta Fiengo, 18 Swan Avenue, variance to raise roof.
Frank and Loretta Fiengo were present to explain their application. Chairman Stutts read the list of existing nonconformities, 21.3.1, minimum lot area, 10,000 square feet, 4,980 provided; 21.3.2, minimum lot area for a building, 10,000 square feet required, 4,980 provided; 21.3.3, minimum dimension of a square, 75’ required, 60’ provided; 7.4.2, narrow street less than 50’, 40’ provided; 21.3.7, minimum street setback, 25’ provided, 30’ required; 21.3.8, rear setback of 30’ required, 17’ provided; and 21.3.9, other setback, 12’ required, 11’ provided on the north side. Chairman Stutts noted that the proposal does not comply with Sections 8.8.1, no enlargement of a nonconforming building; 8.9.3, no building on a nonconforming lot; 7.4, setbacks;
7.4.2, narrow street setback, 30’ required, variance of 5’ required; and 21.3.7, minimum setback from street, 5’ variance required.
Mr. Fiengo explained that the roof they would be replacing has six valleys and peaks and they would like to have a uniform roof. He noted that they propose to raise the roof two feet. Mr. Fiengo explained that the roof is currently 16’ to the peak and he noted on the elevation drawing that the proposed roof would be 18’ to the peak. He noted that the pitch of the roof will be very close to the current pitch.
Mr. Fiengo stated that there is 6’ from the attic floor to the roof peak. He noted that with the height increase there will be 7’ to the peak. Ms. McQuade questioned whether it would remain an attic. Mr. Fiengo replied that his intention is to use it as an attic for storage. He noted that there is currently a pull down staircase and they intend to keep this access. Ms. McQuade questioned whether the vents would remain in the attic. Mr. Fiengo replied that they will remain, but probably in a different location. Chairman Stutts noted that the house is currently seasonal and will remain seasonal. Mr. Fiengo agreed.
Ms. Speirs questioned when the Fiengo’s purchased the house. Mrs. Fiengo replied that they purchased the house in 2000. Chairman Stutts noted that the house was built sometime in the 1950’s. Mr. Fiengo explained that the roof has so many peaks and valleys that they have problems where the roofs connect, with leaking. He noted that they currently have four bedrooms and they do not intend to change the floor plan of the first floor.
No one present spoke in favor of or against the application. Hearing no further comments, Chairman Stutts called this item to a close.
ITEM 3: Public Hearing Case 07-36 Paul & Amy Constantinou, 7 Haywagon Drive, Variance to construct a pool in the PRCD boundary.
Chairman Stutts noted that the applicant was not present. The Board agreed to table this item to later in the meeting.
ITEM 4: Open Voting Session
Case 07-35 Dimitri and Adel Tolchinski, 286 Shore Road, Appeal
No action taken. The Public Hearing for this item has been continued to the January, 2008 Regular Meeting.
Case 07-30 Frank & Loretta Fiengo, 18 Swan Avenue
Chairman Stutts noted that the applicants are proposing to raise their roof two feet in order to eliminate several different roof lines. She noted that the Health Department approved the application. Chairman Stutts noted that the hardship provided was that the roof contains many peaks and valleys and is presently leaking. She indicated that the applicant testified that the existing pull-down stairs will remain as access to the attic; and that the height in the center of the attic will be 7’. Chairman Stutts stated that the applicant also testified that the attic will be used strictly for storage. Mr. St. Germain stated that he is not concerned about the proposed height because of the larger structures on either side of this house. He indicated that he is concerned about
increasing a property on such a small lot, but noted that they are not increasing the living space.
Ms. Speirs stated that she would like to have conditions that indicate that there will be no living space in the attic and that the vents will remain in the attic and there will not be windows in the attic. She indicated that this was all testified to by the applicant. Ms. McQuade agreed and noted that the Health Department’s approval indicates that their approval is not for living space, just attic space.
A motion was made by June Speirs, seconded by Judy McQuade and voted unanimously to grant the necessary variances to raise roof two feet, 18 Swan Avenue, Frank and Loretta Fiengo, applicants, as per the approved plans and with the following conditions:
1. Vents to remain in the attic; no windows allowed in the attic.
2. Attic to be used for storage only; no living space in the attic.
Reasons:
1. Roof is poorly pitched with bad drainage.
2. Two foot increase in height and no additional bedrooms or living space will not adversely impact the neighborhood.
3. Proposal is within the intent of the Plan of Zoning.
ITEM 5: Public Hearing Case 07-36 Paul & Amy Constantinou, 7 Haywagon Drive, Variance to construct a pool within 100 feet of the PRCD boundary.
Chairman Stutts opened the Public Hearing for this application and noted that the applicant was still not present. Mr. St. Germain indicated that the Board should take action and the applicant can then reapply.
No one present spoke in favor of or against the application. Hearing no further comments, Chairman Stutts called this item to a close.
ITEM 6: Open Voting Session
Case 07-36 Paul & Amy Constantinou, 7 Haywagon Drive
Chairman Stutts noted that she has unanswered questions. Mr. St. Germain indicated that he also did, one being about the burial pit mentioned in the application.
A motion was made by Joseph St. Germain and seconded by June Speirs to grant the necessary variances to construct a pool within 100 feet of the PRCD boundary, 7 Hawaygon Drive, Paul and Amy Constantinou, applicants. Motion did not carry 0:5.
Reasons:
1. Applicant was not present to present the case and answer questions of the Board.
ITEM 7: Approval of Minutes
A motion was made by June Speirs, seconded by Judy McQuade and voted unanimously to approve the minutes of the October 2, 2007 Special Meeting as clarified.
A motion was made by Joseph St. Germain, seconded by Judy McQuade and voted unanimously to approve the minutes of the October 9, 2007 Regular Meeting as clarified.
ITEM 8: Any new or Old Business
Chairman Stutts congratulated the newly elected members, Judy McQuade, June Speirs and Joseph St. Germain.
Chairman Stutts announced that the Zoning Commission will be holding a public hearing on December 10, 2007 at the Middle School for the new Zoning Regulations. She noted that the R-10 height regulation has been reduced to 24 feet and reminded the Board that that was a suggestion that the Board made to the Zoning Commission.
ITEM 9: Adjournment
The meeting adjourned at 8:15 p.m. on a motion by June Speirs and seconded by Judy McQuade. So voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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