RECORD OF VOTE
OLD LYME ZONING BOARD OF APPEALS
REGULAR MEETING
TUESDAY, SEPTEMBER 8, 2009
MEMORIAL TOWN HALL, 52 LYME STREET
OLD LYME, CT - 7:30 P.M.
Present and voting were Susanne Stutts, Chairman, Judy McQuade, Vice President, Kip Kotzan, Joseph St. Germain, alternate and Fran Sadowski, alternate
Absent: Richard Moll
Present: Ann Brown, Zoning Enforcement Officer and Eric Knapp, attorney
A Motion was made by K. Kotzan, seconded by J. St. Germain to adjourn the Regular meeting at 11:00 p.m. and carry the cases not acted upon over until next Wednesday, September 16, 2009 at 7:30 p.m. at the Memorial Town Hall, 52 Lyme Street; a vote was taken and the motion passed unanimously 5-0-0.
For the record, K. Kotzan listened to the tape of the July 13, 2009 Regular Meeting and is eligible to vote on the continued cases.
Case 09-10 Francisco J. & Mary Lee Pimentel, 85 Connecticut Road
A Motion was made by K. Kotzan, seconded by J. St. Germain to GRANT the necessary variances to build, as per plans submitted, the dwelling on Case 09-10 Francisco J. & Mary Lee Pimentel, 85 Connecticut Road; discussion: S. Stutts stated that there was a letter from Attorney Cronin requesting, to reiterated his statement made during the public hearing, an extension of 18 months to await the sewer hookup, then K. Kotzan asked the Board members if the DEP comment should be added regarding the vegetative buffer. The buffer condition was not added, but the motion was amended to add “to grant an extension of 18 months for the extenuating circumstances to allow the septic to be hooked up and the project to be done as intended.” J. St. Germain seconded the amendment to
the motion; a vote was taken and the motion passed unanimously 5-0-0.
Case 09-12 John G. & Lorraine M. Gibson, 45 Connecticut Road
A Motion was made by J. McQuade, seconded by K. Kotzan to GRANT the variance needed for Case 09-12 John G. & Lorraine M. Gibson, 45 Connecticut Road to convert from seasonal to year-round; discussion: J. St. Germain stated should it be conditioned on the sewer and water hookup, the condition was not imposed but would not become year-round until the hookup; a vote was taken and the motion passed unanimously 5-0-0.
Case 09-13 Thomas E. Lally, 54 Sea Spray Road
A Motion was made by J. St. Germain, seconded by K. Kotzan to GRANT the necessary variances, as shown on the revised plan, for two open porches on the north and south side on Case 09-13 Thomas E. Lally, 54 Sea Spray Road; a vote was taken and the motion passed unanimously 5-0-0.
Case 09-15 – Appeal, Gregory & Kim Massicotte, 14 Walnut Road
A Motion was made by K. Kotzan, seconded by J. St. Germain to UPHOLD the Zoning Enforcement Officers decision to issue a Cease & Desist Order re Gregory & Kim Massicotte, 14 Walnut Road dated June 17, 2009; a vote was taken and the motion passed unanimously 5-0-0.
Case 09-17 – Appeal, On the Beach, LLC, Leonard J. Corto Jr., 88-90 Hartford Avenue
The Cease & Desist Order dated July 10, 2009 re Case 09-17 Appeal, On the Beach LLC, Leonard J. Corto, Jr., 88-90 Hartford Avenue was WITHDRAWN by the Zoning Enforcement Officer. A Special Permit was never issued by a Commission for solo acoustic music.
Case 09-20 – Christine Wysocki, 19 Brighton Road
A Motion was made by K. Kotzan, seconded by J. St. Germain to CONTINUE the Public Hearing on Case 09-20 Christine Wysocki, 19 Brighton Road to the October 13, 2009 Regular Meeting to await the Inland Wetlands and Watercourses decision; a vote was taken and the motion passed unanimously 5-0-0.
Case 09-21 Mark & Jo-Ann Staves, 6 Liberty Street
A Motion was made by K. Kotzan, seconded by J. St. Germain to CONTINUE the Public Hearing on Case 09-21 Mark & Jo-Ann Staves, 6 Liberty Street until the Wednesday, September 16, 2009 continued meeting in order to review new plans deleting the front porch and adding a 6’ wide covered entryway; a vote was taken and the motion passed unanimously 5-0-0.
Adjournment
A Motion was made by K. Kotzan, seconded by J. St. Germain to CONTINUE the September 8, 2009 Regular Meeting to Wednesday, September 16, 2009 at 7:30 p.m. in the auditorium to vote on the remaining agenda items; the motion to adjourn passed unanimously. The meeting ended at 11:40 p.m. and was continued.
Susanne Stutts, Chairman
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