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RECORD OF VOTE
OLD LYME ZONING BOARD OF APPEALS
REGULAR MEETING
TUESDAY, FEBRUARY 21, 2012
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, Richard Smith, alternate, arrived at 7:50 p.m. (seated for Joseph St. Germain) and Mary Stone, alternate (seated for Arthur Sibley)
Present: Martha Rumskas, alternate and Kim Barrows, Clerk
Absent: Joseph St. Germain, regular member, Arthur Sibley, regular member
Case 12-01 – Margaret B. Farrelly, 1 Sea Lane
Seated: S. Stutts, K. Kotzan, M. Stone, R. Smith, M. Rumskas
A Motion was made by K. Kotzan, seconded by R. Smith to GRANT the necessary variances to build the open porch as per plans submitted. No discussion and a vote was taken. In favor: S. Stutts, K. Kotzan, R. Smith, M. Stone, M. Rumskas In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
Reason to Grant: Applicant worked hard to reduce lot coverage and reduced size of deck. Large lawn and should not impact neighbors negatively.
Case 12-05 – Louis and Nancy Rossi, 22 Massachusetts Road
Seated: M. Stone, M. Rumskas, K. Kotzan, S. Stutts, J. McQuade
A Motion was made by K. Kotzan, seconded by J. McQuade to GRANT the necessary variances to build as per plans submitted with the condition that the Zoning Enforcement Officer confirms that the percentage calculation of first floor and second floor ratio meet the half story definition and that the two story variance is not required. Discussion: what is the hardship? The hardship stated is not unique, i.e. placement of house on the lot, built in 1930’s prior to zoning; this is an intensification of the use of the property; structure getting bigger and taller; too ambitious; encroachment into the setback is key. No further discussion and a vote was taken. In favor: None In opposition: S. Stutts, K. Kotzan, J. McQuade, R. Smith, M. Stone Abstaining: None The motion failed to pass. 0-5-0
A Motion was made by K. Kotzan, seconded by J. McQuade to DENY the granting of the variances to build as per plans submitted on the grounds that it is a very small lot with 3 bedrooms existing, intensification of use, adding additional bulk into the setbacks and current owners may not abuse the additional number of bedrooms, but future owners could easily abuse it. No further discussion and a vote was taken. In favor: S. Stutts, K. Kotzan, J. McQuade, R. Smith, M. Stone In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
Case 12-06 – Wolcott and Julianne Phelps, 18 Sargent Road
Seated: S. Stutts, J. McQuade, K. Kotzan, R. Smith, M. Stone for the rest of the meeting
A Motion was made by K. Kotzan, seconded by J. McQuade to GRANT the necessary variances to build as per plans submitted with the condition that the Zoning Enforcement Officer accepts the floor area as being less than 25%; reduced bedrooms from 4 to 3. No discussion and a vote was taken. In favor: S. Stutts, K. Kotzan, J. McQuade, R. Smith, M. Stone In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
Reason to Grant: Reasonable update for better use of the home.
Case 12-07 – John and Shelly Biancamano, 23 White Sands Beach Road
A Motion was made by M. Stone, seconded by R. Smith to GRANT the necessary variances to build as per the revised plans to be submitted which will show the removal of the garage and the inset of the chimney into the existing structure. No discussion and a vote was taken. In favor: S. Stutts, K. Kotzan, J. McQuade, R. Smith, M. Stone In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
Reason to Grant: Good job of trying to improve an old house within current zoning regulations; removal of the existing garage.
New Business
Election of Officers -- A Motion was made by K. Kotzan seconded by R. Smith to re-nominate the exiting slate as follows: S. Stutts, Chairman, J. McQuade, Vice Chairman and K. Kotzan, Secretary. No further nominations and a vote set the slate was taken; In favor: S. Stutts, K. Kotzan, J. McQuade, R. Smith, M. Stone In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
Changes to “Instruction Sheet” of the ZBA Application -- A Motion was made by K. Kotzan seconded by J. McQuade to make the changes to the “instruction sheet” attached to the Zoning Board of Appeals Application effective immediately. No discussion and a vote was taken. In favor: S. Stutts, K. Kotzan, J. McQuade, R. Smith, M. Stone In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
Minutes of the January 17, 2012 Regular Meeting
A Motion was made by K. Kotzan, seconded by R. Smith and voted unanimously to approve the minutes of the January 17, 2012 Regular Meeting with the following correction: “present: Ann Brown” to “present: Kim Barrows”, Ann Brown was not present at the January meeting. No discussion and a vote was taken. In favor: S. Stutts, K. Kotzan, J. McQuade, R. Smith, M. Stone In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
Adjournment
A Motion was made by K. Kotzan, seconded by R. Smith to adjourn the February 21, 2012 Regular Meeting; no discussion and a vote was taken. The motion to adjourn passed unanimously. 5-0-0 The meeting adjourned at 10:10 p.m.
Susanne Stutts, Chairman
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