RECORD OF VOTE
OLD LYME ZONING BOARD OF APPEALS
REGULAR MEETING
TUESDAY, SEPTEMBER 20, 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 Smith, alternate (seated for Richard Moll)
Present: Marilynn Ossmann, alternate, Kim Barrows, Clerk
Absent: Fran Sadowski, alternate and Richard Moll
Case 11-22 Dominic J. Nardi, 115 Hillcrest 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 Coastal Site Plan Review application for this appeal is approved because it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impacts. It is also a very unique piece of property, will become FEMA compliant and being built in the same spot lessens the visual impact on the neighborhood and the point. Discussion: For the elements of safety involved with this it becomes FEMA compliant, the risk involved in keeping the house in that spot and the disruption to the coastline off sets moving it further inland, it is not that significant. It is not such a horrible thing that destroys the coastline or the safety
of the occupants. The house is where it has been since 1927. If there wasn’t already a house on the point, the Board couldn’t even foresee putting a structure on it. This is what an existing nonconformity represents. S. Stutts didn’t feel that moving the structure further away from the coastline was such a big thing. No further discussion and a vote was taken. In favor: J. McQuade, K. Kotzan, J. St. Germain, R. Smith In opposition: S. Stutts Abstaining: None The motion passed. 4-1-0
Case 11-23 – Joseph A. Sullo, 9 Sea Lane
A Motion was made by K. Kotzan, seconded by R. Smith to DENY granting the variances requested for the reason that this worthwhile proposal to make it FEMA compliant could happen in a different and not impact the neighborhood in a negative the way we think it will in its current location, also the relocation would reduce the nonconformity of the streetline and property line setbacks. Discussion: S. Stutts stated
there is no hardship to warrant the granting of this many variances. There are other remedies to achieve his use that would have less of a negative impact on the neighborhood. There is less of an impact if it is closer to the house, it is too close to the street which as a negative impact on the neighborhood. No further discussion and a vote was taken. In favor: S. Stutts, J. McQuade, K. Kotzan, J. R. Smith In opposition: J. St. Germain Abstaining: None The motion passed. 4-1-0
Case 11-24 – Peter R. Lasusa, Jr. and Marcia A. McLean, 2 Meetinghouse Lane
A Motion was made by K. Kotzan, seconded by J. McQuade to GRANT the necessary variances as per plans submitted. The variance for height is no longer required. No further discussion and a vote was taken. In favor: S. Stutts, J. McQuade, K. Kotzan, J. St. Germain, R. Smith In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
Reason to grant: The hardship is the topography and the narrow street setback and it is a large lot. The applicant will be putting pavers in the driveway and eliminating the asphalt. The abutting neighbor approved the plans submitted.
Case 11-25 – Jonathan & Lissa Kowalski, 10 Moore Avenue
A Motion was made by K. Kotzan, seconded by J. McQuade to DENY w/out prejudice. There was insufficiency in the plans submitted and the description of the work to be done. No further discussion and a vote was taken. In favor: S. Stutts, J. McQuade, K. Kotzan, J. St. Germain, R. Smith In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
Reason to deny: The hardship is not clear. There is the possibility of eliminating all of the nonconformities if the applicant decides to. The height exceeds that allowed in the district by 4” and can be reduced to conform, not a sufficient reason to increase it by 4”. This is a large lot that can accommodate the house.
Approval of Minutes of the June 21, 2011 Regular Meeting
A Motion was made by S. Stutts, seconded by K. Kotzan to approve the June 21, 2011 Regular Meeting minutes with the following corrections: Page 9 – “reason” is for denial re Case 11-21 Daniel Peck, 38 Saltaire Drive, S. Stutts want to make sure it was clear about the reasons for denial. No discussion and a vote was taken. In favor: S. Stutts, J. McQuade, K. Kotzan, J. St. Germain, R. Smith In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
Adjournment
A Motion was made by S. Stutts, seconded by J. St. Germain to adjourn the September 20, 2011 Regular Meeting; no discussion and a vote was taken. The motion to adjourn passed unanimously. 5-0-0 The meeting adjourned at 12:40 p.m.
Susanne Stutts, Chairman
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