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RECORD OF VOTE
OLD LYME ZONING BOARD OF APPEALS
REGULAR MEETING
TUESDAY, FEBRUARY 10, 2009
MEMORIAL TOWN HALL, 52 LYME STREET
OLD LYME, CT - 7:30 P.M.
Present and voting were Susanne Stutts, Kip Kotzan, Richard Moll, Judy McQuade and Joseph St. Germain, alternate
Case 08-28 Theresa Genovese, 8 Seaside Lane
A Motion was made by S. Stutts, seconded by K. Kotzan, to continue the Public Hearing to March 10, 2009; the motion passed unanimously.
Case 09-02 Swan Management LLC, 73 Swan Avenue
A Motion was made by K. Kotzan, seconded by J. St. Germain, to GRANT the necessary variances to demolish an existing 4 family, 9 bedroom building and replace with a 2 family, 5 bedroom home as per plans submitted, marked Exhibit B received 1/13/09. Discussion: The Chairman asked each member what they would like to see, specifically, to make the plan a better fit to the property. D. Moll stated to reduce the density of the population in the house, reduce the number of bedrooms. K. Kotzan stated that in the balance of things this is a widely overstressed property but it will be less so if this is granted. K. Kotzan doesn’t feel that there is a bottomless supply of well intentioned and financially endowed people that will buy properties like this and do what we want to see happen,
this proposal is close. Discussion about keeping a wall up. S. Stutts looks at it like the Board is in a position to direct the way the Town develops. This is the charge and the Board needs to move in that direction. Discussion as to the direction of the Town. D. Moll states the Board needs to look at the impact of what is put on the land. J. McQuade states the applicant wants to make the property nicer, but he cant’ make it much nicer the way it is. The applicant can have a 1 ½ story house and can get reasonable use of property but he is trying to accommodate too many families. The Board does not have to approve such a large house on a small (3,750 s.f.) lot. There can be fewer bedrooms, does not have to be two families and remove the second kitchen. J. McQuade felt they were not taking away the use of the property. Discussion ensued with respect to the hardship. K. Kotzan said the hardship is the
condition of the structure and that it needs to be brought up to code. No further discussion and a vote was taken: In favor: K. Kotzan, J. St. Germain Opposed: J. McQuade, D. Moll, S. Stutts; the motion failed to pass. It was denied.
K. Kotzan voting to grant based on it’s a grandfathered use, proposal greatly reduced from what is there. J. St. Germain states the new septic protects the general health and welfare of the public. J. St. Germain stated the usage is reduced by 50%. D. Moll stated it failed to meet the intent of zoning. S. Stutts and J. McQuade felt it could be a 1 ½ story dwelling, no second kitchen, a total of 4 bedrooms and a smaller footprint.
Approval of Minutes of the January 13, 2009 Regular Meeting
A Motion was made by S. Stutts, seconded by J. McQuade, to approve the minutes of the January 13, 2009 meeting; the motion was approved unanimously.
Adjournment
A Motion was made by J. St. Germain, seconded by S. Stutts to adjourn the February 10, 2009 Regular Meeting; the motion was approved unanimously. The meeting adjourned at 9:45 p.m.
Susanne Stutts, Chairman
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