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Zoning Board of Appeals Record of Vote 05/17/2011
RECORD OF VOTE
OLD LYME ZONING BOARD OF APPEALS
REGULAR MEETING
TUESDAY, MAY 17, 2011
MEMORIAL TOWN HALL, 52 LYME STREET
OLD LYME, CT - 7:30 P.M.

Present and voting were Susanne Stutts, Chairman, Judy McQuade, Vice Chairman, Kip Kotzan, Secretary, Joseph St. Germain and Richard Moll

Present:  Richard Smith, alternate, Marilynn Ossmann, alternate and Kim Barrows, Clerk

Absent:  Fran Sadowski, alternate

Case 11-14 – Edmund Boryczewski, 66 Billow Road

A Motion was made by K. Kotzan, seconded by J. McQuade to DENY the granting of the necessary variances to build as per plans submitted on the grounds that they do have other options to potentially to achieve this year round use of the property but that would include diminishing some of the dimensions of the structure in the process of moving it and creating the leaching field. The property to the rear is harmed by the proposed plans and we do not have the right to impose that burden on that property for this owner to achieve his aims as shown.  There are other reasonable ways to accommodate and change things, it may diminish the size of the structure but that, unfortunately, is the burden that the property must bear.  This is not a property that can be have things just shift around it is wildly overbuilt it is 51% of floor area on it, even proposed is 49.7% so essentially 51% coverage.  Discussion:   S. Stutts stated that it would have a lot less impact on the neighbors if it was diminished and if it wasn’t moved to the back.  No further discussion and a vote was taken.  In favor:  S. Stutts, J. McQuade, K. Kotzan, J. St. Germain, R. Moll   In opposition:  None    Abstaining:  None   The motion passed unanimously.  5-0-0

Case 11-15  Warren Hannas, 9-1 Halls Road

A Motion was made by K. Kotzan, seconded by R. Moll to GRANT the necessary variances to build as per plans submitted for the interest of safety to establish a second point of egress and the existing regulations that apply to this property have little meaning.  Not imposing on any of the neighboring properties, it has minimal impact on the area.  Discussion:  R. Moll stated that this variance is driven by the Fire Marshal’s request for an additional form of egress. S. Stutts stated that it is a unique juxtaposition to the street which is the hardship.  No further discussion and a vote was taken.  In favor:  S. Stutts, J. McQuade, K. Kotzan, J. St. Germain, R. Moll   In opposition:  None    Abstaining:  None    The motion passed unanimously.  5-0-0

Case 11-16 – John and Michele Roncaioli, 56 Columbus Avenue

A Motion was made by K. Kotzan, seconded by R. Moll to GRANT the necessary variances to build as per plans submitted. The reason is that it is a reasonable use of the property that the strict application of the regulations would prevent and allowing these regulations to be varied in the application, will not affect the overall zoning plan.  It will not offend the intent of the regulations that have been varied.  Discussion:  There was no one present at the hearing in objection and there were no letters of objection from the neighbors in the file.  No further discussion and a vote was taken.  In favor:  S. Stutts, J. McQuade, K. Kotzan, J. St. Germain, R. Moll   In opposition:  None    Abstaining:  None    The motion passed unanimously.  5-0-0

Case 11-17 – Sydna and Marvin Hyman, 44 Corsino Avenue

A Motion was made by K. Kotzan, seconded by J. St. Germain to GRANT the necessary variances to lift the building as per plans submitted and put a new foundation that makes it possible to put in the compliant septic system arrangement.  This is in the interest of public health and no detriment to zoning.  No further discussion and a vote was taken.  In favor:  S. Stutts, J. McQuade, K. Kotzan, J. St. Germain, R. Moll   In opposition:  None    Abstaining:  None    The motion passed unanimously.  5-0-0

Case 11-18 – Bernadette Hirst, 8 Oak Road

A Motion was made by K. Kotzan, seconded by R. Moll to GRANT the necessary variances, with the exception of the variance requested for two stories, to build this project according to plans that will be submitted to the Chairperson and approved by her that basically reduce the scope of the project so that it will be a one and a half story structure rather than a two story structure, within the existing footprint (not expanding over the front porch).  If the Chairperson determines that the plans have substantial alterations so that it doesn’t look substantially like the plan submitted with reduced dimension it should come back to the Board.  Discussion:  R. Moll discussed the requirements in the application for pump out ticket and this application had them all.  Also discussed was the seasonal aspect on the Assessor’s card.  No further discussion and a vote was taken.  In favor:  S. Stutts, J. McQuade, K. Kotzan, J. St. Germain, R. Moll   In opposition:  None    Abstaining:  None    The motion passed unanimously.  5-0-0

Approval of Minutes of the April 19, 2011 Regular Meeting

        A Motion was made by S. Stutts, seconded by J. McQuade to approve the April 19, 2011 Regular Meeting minutes as corrected.  Correction:  on page 4, last paragraph, to read:  “Mr. Boryczewski stated that he purchased. . .”  No further discussion and a vote was taken.  In favor:  S. Stutts, J. McQuade, K. Kotzan, J. St. Germain, R. Moll   In opposition:  None    Abstaining:  None The motion passed unanimously. 5-0-0

Adjournment

        A Motion was made by K. Kotzan, seconded by J. St. Germain to adjourn the May 17, 2011 Regular Meeting; no discussion and a vote was taken.  The motion to adjourn passed unanimously.  5-0-0    The meeting adjourned at 9:45 p.m.


Susanne Stutts, Chairman