UNAPPROVED
OLD LYME ZONING BOARD OF APPEALS
MINUTES OF REGULAR MEETING
Tuesday, October 14, 2008
The Old Lyme Zoning Board of Appeals held a Special meeting on Tuesday, October 14, 2008 at 7:30 p.m. at Memorial Town Hall. Members present were Susanne Stutts, Chairman, Judy McQuade, Kip Kotzan, Richard Moll, Joseph St. Germain (Alternate, seated) and Fran Sadowski (Alternate).
1. Public Hearing Case 08-24 Robin Sedgwick, 23 Ferry Road, variance to construct second story addition.
Chairman Stutts read the variances required: 8.0, 9.3.1, enlargement of a nonconforming building; 8.8.7, street setback, variance of 24' for the second floor addition. Ms. Sedgwick explained that the house is very old and almost all of it does not conform to the present zoning or to the amenities in a newer home. She noted that the front door is almost on the street. Ms. Sedgwick noted that they currently drive in on the side of the house and enter on the side. She stated that they currently enter through a room that contains the boiler and other mechanicals. Ms.. Sedgwick noted that because this is not ideal, they would like to change the floor plan so that they do not have to enter through that room. She explained that the second floor addition will consist of a larger bedroom with a
closet. Ms. Sedgwick noted that the house does not have a basement because of the proximity to the river. She noted that the many different homeowners through the years and indicated that she has researched the house back to 1739, although it is probably older than that.
Ms. Sedgwick stated that the older maps do not show her home. Ms. Brown indicated that she asked the Tax Assessor, Walter Kent, who did not have an explanation.
Ms. Sedgwick stated that the renovations will make the roof lines more unitform, as it currently goes across, down and then back up. She demonstrated this from a photograph. She pointed out the original home and noted that the remainder were additions from over the years. Ms. Sedgwick stated that they will be eliminating the chimney and heating with liquid propane, which does not require a chimney.
Mr. Kotzan questioned whether there was an overlay showing the as-built and the proposed. Ms. Sedgwick indicated that there is and presented it for review. The Commission members reviewed the overlay. Chairman Stutts noted that the second floor overhangs the first floor slightly. Ms. Sedgwick agreed that the second floor does overhang the first floor. She noted that the new area is shown as dark lines on the plan and the lighter lines depict what currently exists.
Chairman Stutts noted that the height of the structure after renovation would be 21'6"; she noted that the only variance required is for the front setback, which is really unchanged. She noted that any addition would be in the front setback.
Ms. Brown explained that the house is not in the Historic District, but the Historic District Commission, as a courtesy, was given the plans and approved of the renovations. Ms. Sedgwick submitted a copy of the letter from the Historic District Commission.
Ms. Sedgwick stated that she took the plans to each of her neighbors and all expressed approval of the plan. One neighbor spoke in favor of the application. Hearing no further comments, Chairman Stutts called this Public Hearing to a close.
2. Public Hearing Case 08-25 Margaret Skau, 63 Shore Drive, variance to construct a second story addition.
Chairman Stutts noted that this application was before the Commission a month ago and was denied because of the increase in floor area over the maximum allowed. Ms. Skau indicated that they have made some changes to the plans. Chairman Stutts stated that this proposal reduces the floor area by 108 square feet and the house is being centered on the lot thereby eliminating the need for side setback variances. She explained that the house is now under the allowed floor area ratio percentage.
Bob Chapman, Builder, explained that the proposed height is 24 feet. Ms. Skau stated that the reason for the addition is to increase the ceiling height in the second floor bedrooms. Mr. Chapman noted that the second floor ceiling height would now meet the building code. He noted that currently there are no closets on the second floor and squaring off the second floor will now allow them to add closets; he noted that they are reducing the number of bedrooms from four to three.
Chairman Stutts noted that the house is seasonal. Mr. Chapman stated that a new septic system plan was designed and has been approved by the Sanitarian.
Ms. Brown stated that the definition of half-story defines it as more than 50 percent of the floor area of the first floor. She noted that although this is not the intended definition, this proposal is considered a one and one-half story home. Ms. Brown noted that the proposal complies with the Zoning Regulations except for the fact that it is a nonconforming lot.
A neighbor residing at 55 Shore Drive spoke in favor of the application. Another abutting neighbor expressed concern that the excavation would harm a tree on her property. She also noted that she was notified of the hearing at an improper address. Ms. Brown noted that the address used is that which is on file with the Tax Assessor. Chairman Stutts assured her that the construction was on the opposite side of the property. Hearing no further comments, Chairman Stutts called this Public Hearing to a close.
3. Public Hearing Case 08-26 Constance Holmes, 70 Columbus Avenue, variance to construct a second story addition.
Chairman Stutts noted that variances are required of Sections 8.8.6, maximum height 24’, proposed 26’8” for a variance of 2’ 8”; 8.8.7, minimum setback 30’ for a narrow street, 19’ 4” variance requested; 8.8.10, maximum floor area as a percentage of lot, 25% allowed, 297 square foot variance requested. Chairman Stutts noted that this proposal was previously before the Board and was denied.
Jeff Flower was present to represent Ms. Holmes. He noted that they previously discussed raising the height of the structure 8” to allow them to pour a slab and bring the house up to eliminate flooding. Mr. Flower explained that this is one of the changes to the proposal and the reason for the increase in the height variance. He noted that the original plan called for expanding the sun porch just so that the roofs will match. Mr. Flower stated that he adjusted the second floor so that the second floor wall meets the 25’ setback with the exception of the closet which goes 1.5 feet into the setback; but not the 30’ narrow street setback which was an error and will be corrected in the near future by the Zoning Commission. Chairman Stutts stated that her notes show a setback
from the front property line of 19’ 4”. Ms. Brown noted that there is a variance of 19’4” for the entryway, not the second floor addition.
Mr. Flower noted that the number of bedrooms is three and they are not increasing that number. Chairman Stutts questioned the increase in floor area. Mr. Flower stated that the house, without calculating the basement, they are asking for total floor area of 3 percent. He noted that ½ of a percent is the front porch. Mr. Flower stated that 2.5 percent is 125 square feet. He noted that another Zoning Regulation requires 1200 square feet living area in a two-story home. Mr. Flower stated that the total living area will be 1,251 square feet. He explained that the hardship for the height variance is that the lot is one of the only sloping lots in the area and they must calculate the average height. He noted that the grade change front to back is 5 feet. Mr. Flower
stated that currently, one walks in at grade. He noted that when they are done with the project there will be one step.
Mr. Kotzan questioned why Mr. Flower believes it would be unfair for the Board to consider the basement floor area in the floor area calculation. Mr. Flower explained that floor area is typically the amount of usable floor space. He noted that the ceiling height is 6’ 1.5” in the basement and it is unusable and would not meet building code. Chairman Stutts stated that she thought the floor area variance last time was 175 square feet and this application requests a 297 square feet variance. Ms. McQuade noted that her notes are in agreement with those figures. She asked Mr. Flower to explain. Ms. Brown stated that floor area is extraordinarily difficult to calculate. Ms. Holmes noted that the original floor area request was 1,315 and it is now 1,279 square feet, which is
the difference in the sunrooms.
Mr. Flower noted that the proposal is very similar to the surrounding homes. He noted that there were letters in favor of the application during the last Public Hearing and asked that they be incorporated into this file. Chairman Stutts noted that the other file is not here this evening.
Mr. St. Germain suggested decreasing the ceiling height in the basement, thereby reducing the total overall height. Mr. Flower expressed concern that that would reduce the practical use of storage in the basement.
Ms. Brown explained that if the applicant decides to demolish the house and rebuild, an additional variance would be required. She noted that without it, once the house is demolished they could not reconstruct on a nonconforming lot. Mr. Flower stated that the existing foundation is cinderblock and they are hoping to keep this foundation. He noted that some contractors have suggested otherwise. Ms. Holmes stated that she would prefer to gut the existing house. Mr. Kotzan warned that if they did decide to demolish they would need another variance. The Board agreed that another variance application would be required and they could not consider that as part of this application.
Chairman Stutts noted that there are letters from six abutting neighbors giving their support of the proposal. No one present spoke in favor or against the application. Hearing no further comments, Chairman Stutts called this Public Hearing to a close.
4. Open Voting Session
Case 08-24 Robin Sedgwick, 23 Ferry Road
Chairman Stutts noted that this is a historic home built in 1789/1816 and the applicant is asking to construct a second floor addition. She noted that the proposal reconfigures the interior of the house on the first floor so that the homeowner does not have to enter through a mechanical room. She reviewed the variances requested.
Mr. Kotzan stated that the second story addition is further from the street setback than the existing first floor. Mr. St. Germain noted also that the peak of the house is not rising. Mr. Kotzan stated that it certainly seems like the upgrades proposed are very reasonable.
Chairman Stutts that the number of bedrooms is not increasing. She noted that there is no basement or attic for storage. Chairman Stutts stated that the proposal is also correcting a problem with the existing chimney, which is being removed.
A motion was made by Kip Kotzan, seconded by Joseph St. Germain and voted unanimously to grant the necessary variances to construct a second story addition, 23 Ferry Road, Robin Sedgwick, applicant, as per the plans submitted.
Reasons
- Within the intent of the Plan of Zoning.
- Odd shaped lot located between the wetlands and the street.
Case 08-25 Margaret Skau, 63 Shore Drive
Chairman Stutts stated that the lot is 6,578 square feet and located in an R-10 Zone. She noted that the applicant was before the Board in October and made some reductions in the plans to satisfy concerns of the Board. Chairman Stutts stated that the house will be demolished and reconstructed in the center of the lot eliminating the need for setback variances. She noted that the floor area variance request was also eliminated as they reduced the square footage in this proposal.
Mr. St. Germain stated that the proposal is a great improvement to the property from a zoning standpoint and is the type of project that the Board should approve. Chairman Stutts stated that the main hardship is the headroom on the second floor. She noted that the number of bedrooms is not increasing.
A motion was made by Kip Kotzan, seconded by Judy McQuade and voted unanimously to grant the necessary variances to construct a second story addition, 63 Shore Drive, Margaret Skau, applicant, as per the plan submitted.
Reasons
- Repositioning of the house has eliminated existing setback nonconformity.
- Within the intent of the Plan of Zoning.
Case 08-26 Constance Holmes, 70 Columbus Avenue
Chairman Stutts noted that the applicant was before the Board in September and the application was denied. She noted that it is a 4,559 square foot lot in an R-10 Zone. Chairman Stutts stated that the house will increase 2’ 8” in height. She noted that a 3.5 percent variance is also required for the floor area ratio.
Chairman Stutts noted that the basement ceiling height is 6’ 1 1/2” and is only suitable for storage. She noted that raising the house 8” and putting it on a slab will prevent the flooding that typically occurs a few times a year. She noted that the slope of the lot is what dictates the need for a height variance of 2’ 8”.
Mr. Kotzan stated that the applicant addressed most of the issues that the Board had expressed concerns about. He stated that he would be most concerned about the increase in height, but in this case it is justified because of the slope of the property and the requirement of measuring the height by average grade.
Mr. Kotzan stated that there is a slight increase over in the floor area, but noted that it is being brought into conformity with the 1200 square feet of living area required for a two-story home. He noted that they reduced the floor area from the previous proposal. Chairman Stutts noted that it will be in harmony with the surrounding homes.
A motion was made by Kip Kotzan, seconded by Judy McQuade and voted unanimously to grant the necessary variances to construct a second story addition, 70 Columbus Avenue, Constance Holmes, applicant, as per the plans submitted, with the condition that the height not exceed the 26’ 8”.
Reasons
1. Unique sloping lot with periodic flooding.
2. Within the character of the neighborhood.
3. Attempt was made to decrease the number of variances required.
4. Within the intent of the Plan of Zoning.
5. Approval of Minutes of the July 8, 2008 Regular Meeting
A motion was made by Fran Sadowski, seconded by Judy McQuade and voted unanimously to approve the minutes of the July 8, 2008 Regular Meeting.
7. Any New or Old Business
Ms. Brown stated that the interview committee has selected a replacement for Sue Bartlett and she has accepted the position verbally. Ms. Brown stated that the candidate’s name is Kim Barrows and she currently is the Secretary to the Old Saybrook Zoning Board of Appeals; a position which she will keep. She noted that Ms. Barrows will probably start in early November.
Ms. Brown noted that the Zoning Commission will be making many little changes to the Zoning Regulations in the very near future. She noted that she and Ms. Bartlett have to review the changes and then they will go to Public Hearing. Ms. Brown explained that the Zoning Commission is also working on the Registry in response to the South Lyme Property Owner’s lawsuit. She noted that one of the agreements is that the Zoning Commission would have to create a Registry and a new Zoning Regulation will have to be enacted to set out a new process of determining year round use.
Ms. Brown stated that any homeowner that does not agree with the Town’s determination will have to come to the Zoning Board of Appeals. She noted that the first step will be the Town sending out packets of information to every property owner in the R-10 Zone, roughly 1,800. Ms. Brown noted that the packets will contain the Zoning, Building and Health files, along with an explanation of the process. Ms. Brown noted that this, in the determination of the Federal Judge, is due process. She noted that a review will then be done by the Town and any homeowner who does not agree will appeal the decision to the Zoning Board of Appeals, who will make the final determination.
8. Adjourn
A motion was made by Kip Kotzan, seconded by and voted unanimously to adjourn at 9:20 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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