APPROVED
OLD LYME ZONING BOARD OF APPEALS
REGULAR MEETING
TUESDAY, March 11, 2008
The Old Lyme Zoning Board of Appeals met on Tuesday, March 11, 2008 at 7:30 p.m. at the Church of Christ the King Parish Center. Those present and voting were Susanne Stutts (Chairman), Kip Kotzan, Joseph St. Germain (Alternate seated for Tom Schellens), Judy McQuade and Richard Moll.
Chairman Stutts called the meeting to order at 7:30 p.m.
ITEM 1: Public Hearing Case 08-07 Jeffrey and Marilyn Cummings, 95 Rogers Lake Trail, Variance to convert seasonal dwelling to year round..
Debbie Savoka was present to explain the application. She noted that she purchased the house from the Cummings and it came to her attention that the house was set two feet too close to the side property line, 10’ versus the required 12’. Ms. Savoka noted that the house was constructed 67 years ago. She explained that all of the houses around this house are year round, although they may have been seasonal originally.
Ms. Savoka noted that the septic system will be upgraded to meet Health Code. She explained that the lot is fully conforming and she would like to use it year round in its present location. Ms. Savoka stated that she would not want to tear it down. She explained that the house is 37 feet from the neighboring property. Ms. Savoka stated that the property owner next door sent a letter in favor of the application.
Mr. St. Germain questioned the size of the lot. Ms. Savoka indicated that it is 100’ x 100’. Mr. St. Germain noted that the deed in the file reads that the lot is 100’ x 150’. Mr. Cummings explained that the deed has been changed; they were before the Planning Commission a few years ago for a lot line modification so that the empty lot next door would be conforming also. Mr. Cummings indicated that he turned the 50’ over to his son and the deeds were changed. He indicated that he would get the Commission the current deed.
Chairman Stutts noted that the dwelling contains two bedrooms and is 884 square feet. She stated that the hardship provided on the application is the placement of the house on the lot 67 years ago.
Ms. Savoka indicated that her neighbor offered a two foot easement onto her property if that would help her get approval for her application.
Mr. Moll stated that it appears she will be installing a new well. Ms. Savoka acknowledged that she is moving it because it is currently too close to the septic. Mr. Moll noted that this well will be shared with the abutting empty lot. Ms. Savoka noted that she is purchasing the empty parcel as well and if she chooses to build on it, it will be a shared well.
Chairman Stutts stated that she has several letters from surrounding neighbors indicating their approval of this becoming a year round home. She noted the following addresses of these neighbors: 30 Lone Pine Trail, 91 Rogers Lake Trail, 100 Rogers Lake Trail, 88 Rogers Lake Trail, 11 Lone Pine Trail, 38 Lone Pine Trail, 92 Rogers Lake Trail and 3 Lone Pine Trail.
David Nelson, 37 Rogers Lake Trail indicated he was in favor of the proposal. He indicated that an improved septic system is an asset to the neighborhood.
Hearing no further comments, Chairman Stutts closed this public hearing.
ITEM 2: Public Hearing Case 08-10 Pollio Family Trust, 9 Champion Road, variance to increase dwelling height to meet FEMA requirements.
Attorney Michael Cronin, Jr., was present to represent the applicant. He indicated that this property has been in the Pollio Family for over 50 years. Attorney Cronin stated that this is a pre-existing nonconforming lot with 2,924 square feet. He explained that the dwelling on it was constructed in the 1920’s or 30’ and is approximately 1,530 square feet with four bedrooms on the second floor. Attorney Cronin stated that it is currently a seasonal dwelling and there is no intention to change that status. He noted that it is located in the Point ‘O Woods area in an R-10 Zone.
Attorney Cronin stated that the property has a beautiful view across the street to the Long Island Sound. He noted that the problem is that the property has deteriorated over the years and in order to do the renovation properly and bring the property up to building and FEMA codes, the cost would exceed the 50 percent rule. Attorney Cronin stated that renovations to a structure in excess of 50 percent of the value of the structure requires that the entire structure is brought up to FEMA requirements. He explained that in this zone the minimum flood elevation for the first floor is 12’ above mean sea level. He noted that it is currently at 9’. Attorney Cronin stated that they would like to take the structure as it currently exists and raise it three feet to meet the minimum
requirements. He noted that all utilities will be brought to the proper elevation as well.
Attorney Cronin introduced Jill Catagno, Point One Architects. Ms. Catagno stated that the lot is actually 3,000 square feet. She noted that they have upgraded the site plan to include the CAM Application Requirements. Attorney Cronin explained that Ms. Brown recently notified him that a CAM Application would be required and he subsequently submitted one. He noted that the Public Hearing will have to be held open to receive comments from Marcie Balint, OLISP.
Ms. Catagno stated that maximum floor area is 51.1 percent, maximum lot coverage is 33.9 percent, and total lot coverage is 35.2 percent. She noted that these percentages dropped slightly when the correct lot size was applied. Ms. Catagno stated that the house is nonconforming on all its setbacks. She pointed out the existing concrete steps that go over the property line, along with a concrete walkway that is not even on the property, and noted that these will be removed.
Ms. Catagno stated that FEMA requires this house to be at elevation 11, but in order to bring the mechanicals beyond elevation 11, they are proposing that the first floor be at elevation 12. She noted that the house will be jacked-up and a new concrete foundation will be poured. Ms. Catagno stated that the property is not in a velocity zone so it does not have to be on piers. She noted that a structural engineer has designed the structure.
Ms. Catagno pointed out the change in windows to meet egress requirements. She explained that they will be rebuilding the front porch in place. Ms. Catagno stated that everything will be within the existing footprint. She noted that a structural engineer has prepared a full set of plans, showing hurricane clips, tie-downs, etc.
Attorney Cronin indicated that the hardship is that the property owner cannot do the necessary repairs without complying with FEMA requirements and raising the house. He noted that there will be benefits to the neighborhood because the new structure will be weather proof and the existing structure is, and without a variance would continue to, deteriorate and fall apart.
Ms. Catagno pointed out the closest neighbor whose views would be affected is quite a distance away. She noted that the house is not moving to the side so the view will not change. Chairman Stutts noted that she visited the property and sighted it from other properties and came to the same conclusion.
Mr. Moll stated that the 8” x 16” windows in the basement don’t appear to be large enough in the event a wall of water comes up. He questioned whether the porch is to have windows or screens. Ms. Catagno stated that they will be windows. Mr. Moll noted that this is important for the Board to consider. Ms. Catagno stated that there are currently three windows and a door between the living area and the existing porch. Mr. Kotzan questioned whether this is going to change. She noted that the proposal has two sliding doors and an interior window. Ms. Catagno stated that they had to add more wall for structure to prevent racking. Attorney Cronin noted that the Assessor’s Records indicated that the porch is enclosed and finished and the Zoning Official
included it in existing floor area when reviewing the proposal.
Ms. Catagno made the CAM presentation. She noted that there is a silt fence around the property with notes regarding this added to the site plan. Ms. Catagno stated that there are two coastal resources on the property; the majority is shoreland and the very tip of the property is inter-tidal flats, most likely because of the Three Mile River. She explained that the mean high tide line is 180 feet from the property line. Ms. Catagno noted that much of the rest of the information is the same as explained for the variance application. She noted that in order to dig the foundation they will need a pump to keep the water out of the hole. Ms. Catagno stated that depending upon what DEP determines, the water will either be put back on site or taken off site in a truck. She indicated that
it will most likely remain on site.
Ms. Catagno stated that the existing septic tank is located under the house. She noted that a new tank will be installed in a proper location. Ms. Catagno stated that the Sanitarian has approved the continued use of the existing drywell, as this is considered a repair. Ms. Catagno indicated that there will be no additional impervious surfaces, and a concrete sidewalk and steps are being removed which will benefit site drainage. She noted that raising this dwelling will not impact coastal resources or its future dependent use. Ms. Catagno stated that there will be no increase of storm water run-off and any dewatering of the site will be pumped, filtered, or returned to the site.
No one present spoke in favor of or against the proposal. Hearing no further comments, Chairman Stutts closed the public hearing.
ITEM 3: Open Voting Session
Case 08-07 Jeffrey and Marilyn Cummings, 95 Rogers Lake Trail
Chairman Stutts reviewed the facts of the case. She noted that a variance is requested to convert from seasonal to year round. Chairman Stutts stated that the lot is conforming but the house is set two feet too close to the side property boundary. She noted that it meets all other bulk requirements. Chairman Stutts stated that nine neighbors have signed a form letter indicating that they are in favor of the proposal. She noted that the directly affected neighbor has offered a two foot easement and is in favor of the proposal.
Mr. Kotzan stated that the variance request is small and the neighbors appear to be in favor of it. Chairman Stutts pointed out that most of the other dwellings in the neighborhood are year round.
Mr. St. Germain pointed out that an easement of two feet would only give access and that would not solve the need for a variance.
A motion was made by Kip Kotzan, seconded by Joseph St. Germain and voted unanimously to grant the necessary variances to convert from seasonal to year round, 95 Rogers Lake Trail, as per the plans submitted and with the condition that the current deed be provided.
Reasons:
1. Unique placement of the house on the lot.
2. Majority of neighborhood homes are year round.
3. Will not change the character of the neighborhood.
4. Septic to be upgraded.
5. Within the intent of the Plan of Zoning.
Case 08-10 Pollio Family Trust, 9 Champion Road
No action taken; awaiting CAM Review.
ITEM 4: Approval of Minutes
No action taken.
ITEM 5: Discussion on 65 Corsino Avenue
Mr. Moll indicated that there is action pending on this item and he would like to wait to the next meeting to discuss it, if necessary.
ITEM 6: Adjournment
The meeting adjourned at 8:35 p.m. on a motion by Richard Moll and seconded by Kip Kotzan. So voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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