RECORD OF VOTE
OLD LYME ZONING BOARD OF APPEALS
REGULAR MEETING
TUESDAY, NOVEMBER 15, 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, Richard Moll, Kip Kotzan and Richard Smith, alternate (seated for Joseph St. Germain)
Present: Kim Barrows, Clerk
Absent: Joseph St. Germain, regular member, Fran Sadowski, alternate, Marilyn Ossmann, alternate
Case 11-26 Patricia P. Kenefick, 10 Ridgewood Road
A Motion was made by S. Stutts, seconded by K. Kotzan to CONTINUE, per letter from applicant, the Public Hearing until the January 17, 2012 Regular Meeting. No discussion and a vote was taken. In favor: S. Stutts, J. McQuade, K. Kotzan, R. Moll, R. Smith In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
Case 11-29A Doreen Day, Trustee/owner and Robert L. Day Co., Inc., applicant, 32 Grandview Avenue
The appeal was withdrawn per letter dated November 15, 2011 from Alexander Tighe, Esquire, attorney for Doreen Day, Trustee/owner and Robert L. Day Co., Inc.
Case 11-30 – Dominick and Beverly Cappello, 46 Connecticut Road
A Motion was made by K. Kotzan, seconded by J. McQuade to GRANT the necessary variances as per plans submitted with the condition that it remain a two bedroom dwelling. No further discussion and a vote was taken. In favor: S. Stutts, J. McQuade, K. Kotzan, R. Moll, R. Smith In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
Reasons to grant: The need for the variance for floor area has been eliminated; this is a small alteration to make a small house more livable and it is within the intent of Zoning.
Case 11-31 – John Stankiewicz, 41 Connecticut Road
A Motion was made by K. Kotzan, seconded by J. McQuade to CONTINUE the Public Hearing on 41 Connecticut Road until the January 17, 2012 Regular Meeting. No discussion and a vote was taken. In favor: S. Stutts, J. McQuade, K. Kotzan, R. Moll, R. Smith Opposed: None Abstaining: None The Motion passed unanimously. 5-0-0
Case 11-32 – Michele Johnson, 1 Hawks Nest Road
A Motion was made by K. Kotzan, seconded by J. McQuade to GRANT the necessary variances as per plans submitted with the conditions that the nonconforming shed is to be removed and that the height of the chimney be added to the plans. No further discussion and a vote was taken. In favor: S. Stutts, J. McQuade, K. Kotzan, R. Moll, R. Smith In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
Reasons to grant: This is a great improvement to a very plain house, will enhance the neighborhood and is within the intent of Zoning.
Case 11-33 – Diane D. Mallory, 20 Lyme Street
A Motion was made by K. Kotzan, seconded by J. McQuade to GRANT the necessary variances as per plans submitted, with no conditions. Discussion: R. Moll stated that this was a very unique property. The applicant did all of the homework needed, i.e. notifying neighbors and the Historic District. No further discussion and a vote was taken. In favor: S. Stutts, J. McQuade, K. Kotzan, R. Moll, R. Smith In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
Reasons to grant: Historic District Commission and neighbors preferred the rear positioning and it is within the intent of Zoning.
Case 11-34 – Joseph Ryan, 3 Sea Spray Road
A Motion was made by K. Kotzan, seconded by J. McQuade to DENY granting the variances for this application on the grounds that the intrusion into the setback is not necessary for the kind of use the applicant is asking for, a sunroom is not worthy of the variance of the regulations. No further discussion and a vote was taken. In favor: S. Stutts, J. McQuade, K. Kotzan In opposition: R. Moll, R. Smith Abstaining: None The motion to DENY passed. 3-2-0
Reasons to deny: Creating a new nonconformity; garage given a 17 foot variance into the Brookside setback, there is an existing porch on the front of the house.
Minutes of the September 20, 2011 Regular Meeting
A Motion was made by Judy McQuade, seconded by Joseph St. Germain and voted unanimously to approve the minutes of the September Regular Meeting with the following corrections: Page 1, Fran Sadowski was not seated for Kip Kotzan, Kip Kotzan was present; Marilyn Ossmann was present but arrived late; on page 13, under new or old business it should be “Richard Smith is up for re-election”, not Richard Moll.
Approval of Minutes of the October 18, 2011 Regular Meeting
A Motion was made by K. Kotzan, seconded by J. McQuade to approve the October 18, 2011 Regular Meeting minutes with the following correction: on page 7, under Reasons: delete the sentence “The alternative is to have . . . . in the event of an emergency.” No discussion and a vote was taken. In favor: S. Stutts, J. McQuade, K. Kotzan, R. Moll, R. Smith Opposed: None Abstaining: None The Motion passed unanimously. 5-0-0
New Business
- 2012 Meeting Schedule
A Motion was made by K. Kotzan, seconded by R. Smith to APPROVE the 2012 Regular Meeting Schedule for the ZBA to hold meetings on the third Tuesday of each month in the Town Hall, 52 Lyme Street, except for the months of August and December. No discussion and a vote was taken. In favor: S. Stutts, J. McQuade, K. Kotzan, R. Moll, R. Smith Opposed: None Abstaining: None The Motion passed unanimously. 5-0-0
- Extension letter for construction for 73 Swan Avenue
A letter dated October 31, 2011 from Jeff Flower, Architect requesting a one year extension to start construction at 73 Swan Avenue, Old Lyme. The applicant plans to start construction process in the spring.
A Motion was made by K. Kotzan, seconded by J. McQuade to GRANT the one year extension to start construction as requested. Discussion: R. Moll felt that Mr. Flower should have included the reason for the extension. No further discussion and a vote was taken. In favor: S. Stutts, J. McQuade, K. Kotzan, R. Smith. Opposed: R. Moll Abstaining: None The Motion passed. 4-1-0
Adjournment
A Motion was made by K. Kotzan, seconded by R. Smith to adjourn the November 15, 2011 Regular Meeting; no discussion and a vote was taken. The motion to adjourn passed unanimously. 5-0-0 The meeting adjourned at 10:00 p.m.
Susanne Stutts, Chairman
| 
