OLD LYME ZONING BOARD OF APPEALS
REGULAR MEETING
Tuesday, March 20, 2012
The Old Lyme Zoning Board of Appeals held a Regular Meeting on Tuesday, March 20, 2012, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Present and voting were Susanne Stutts, Chairman, Judy McQuade, Vice Chairman, Kip Kotzan, Secretary, Arthur Sibley, regular member and Mary Stone, alternate (seated for Joseph St. Germain). Also present were Richard Smith (Alternate) and Kim Barrows (Clerk).
Chairman Stutts called the meeting to order at 7:32 p.m.
PUBLIC HEARINGS
1. Case 12-08C – Frank W. Hamilton, III and Pamela Dyer Hamilton, 20 Ferry Road, Variance to allow addition to existing single-family dwelling; two car garage, guest quarters, and second floor attic.
Chairman Stutts noted the existing nonconformities: 8.8.7, minimum street setback, 50’ required, 20.2’ existing. She noted that the proposal does not comply with the following: 8.0.c, Yards and Lot Coverages; 9.3.1, Enlargement; and 4.10.3, Connecticut River Setback, 100’ of mean high tide line, variance of 43’ required
Attorney Cronin and Angus MacDonald were present to represent the applicants. He explained that the variance requested is for the setback from the tidal wetlands of the Connecticut River. Attorney Cronin stated that the other variances are for constructing in a nonconforming location. He explained that the house was built in 1775.
Attorney Cronin explained that the applicant would like to construct a two car garage with a guest room at the rear of the garage, with an attic above the garage. He noted that there were a few comments from Ms. Brown regarding some of the information on the plot plan. He explained that the plot plan did not take into account the reduced area of the lot due to the reduction because of the wetlands. Attorney Cronin stated that under the Zoning Regulations, one has to reduce the lot size by the amount of wetlands. He explained that this fact does not make the lot nonconforming but the reduced area does change the percentage of coverage. Attorney Cronin submitted a revised site plan for the record, noting that all the coverages are well within the allowed for the 40,000 square foot zone.
Angus MacDonald explained that the green line shown on the plan is the 50’ setback from the wetlands and the pink line represents the 100’ Gateway setback. He noted that all the work is outside the Town’s 50’ setback but is within the 100’ Gateway setback. Mr. MacDonald explained that there is a big elevation change between the east and west side of the house; the west side is at elevation 5 and 6 and the east side is at elevation 12 and 13; by the existing garage the elevation is 10. He noted that this dictates the location of the driveway. Mr. MacDonald stated that the area is only really wetlands by soil type. He noted that water does get in, but it is not wet.
Attorney Cronin stated that the only connection to the Lieutenant River is the drainage pipe that comes into the property. He indicated that there will be no visual connection to the Connecticut River. Attorney Cronin stated that they would like to keep the existing garage to use for storage.
Attorney Cronin stated that the existing house was constructed in 1775 and is an historic structure. He explained that the applicants, although not located in the Historic District, took their plan to the Historic District Commission and received a very laudatory letter. Attorney Cronin read a portion of this letter and submitted it as part of the record.
Attorney Cronin submitted a copy of the existing floor plan for the record.
Mr. MacDonald explained that it would be impossible to get to the new garage from the existing entrance, which is the reason for the new, second entrance. He noted that there are three other properties that have two accesses to their property right on Ferry Road. Mr. MacDonald stated that there is a 500’ sight line coming out of the driveway which will be much safer.
Kip Kotzan read a letter addressed to Ms. Brown dated March 15, 2012, for the record. He also read the referral responses from the Office of Long Island Sound Programs and the Gateway Commission.
No one present spoke in favor of or against the application. Hearing no further comments, Chairman Stutts closed this Public Hearing.
2. Case 12-09 – Gretchen Knauff, 228 Mile Creek Road, Variance to Change Roof Line of Existing Structure.
Chairman Stutts read the existing nonconformities: 8.8.7, minimum street setback, 50’ required, 29’ provided. She noted the following variances are required: 8.0.c, Yards and Lot Coverages; 9.3.1, Enlargement; and 8.8.9, minimum street setback, 50’ required, 29’ provided. She noted that the hardship provided is that the existing shed roof is almost flat and they would like to replace it with a pitched roof.
Ms. Knauff stated that the existing roof is virtually flat and rotting and she was advised to replace it with a pitched roof. She noted that she has two letters of support from her neighbors. These letters were marked Exhibits 1 and 2. Mr. Kotzan read these letters for the record.
No one present spoke in favor of or against the application. Hearing no further comments, Chairman Stutts closed the Public Hearing.
OPEN VOTING SESSION
1. Case 12-08C – Frank W. Hamilton, III and Pamela Dyer Hamilton, 20 Ferry Road, Variance to allow addition to existing single-family dwelling; two car garage, guest quarters, and second floor attic.
Chairman Stutts reviewed the facts of the case. Ms. McQuade stated that the fact that OLISP and Gateway have no problem with the addition and that it will not be seen from the water are big factors. She stated that the Historic District Commission was also complimentary of the proposal. Mr. Sibley stated that he has industrial property affected by the 100’ setback and after the last big storm he still has not had water on his property. He noted that this property was tested as well and the water did not come up to the house.
Mr. Kotzan stated that a garage is a modern upgrade to a structure and this will have minimum impact to the property or the neighborhood. Chairman Stutts agreed and noted that the house was constructed 200 years ago.
Mr. Sibley suggested adding a condition to any approval limiting the addition to one guest bedroom.
A motion was made by Kip Kotzan, seconded by Arthur Sibley to and voted unanimously to grant the necessary variances to build as per plans submitted with the condition that there is only one bedroom in the addition. The Municipal Coastal Site Plan Review Application is approved because it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impacts.
Reasons to Grant:
- Project would have minimal impact on the neighborhood.
- Favorable letters from the Office of Long Island Sound Programs, the Conn. River Gateway Commission and the Historic District Commission after review of the project.
2. Case 12-09 – Gretchen Knauff, 228 Mile Creek Road, Variance to Change Roof Line of Existing Structure.
Chairman Stutts reviewed the facts of the case. She noted that there is no increase in nonconformities.
A motion was made by Kip Kotzan, seconded by Mary Stone and voted unanimously to grant the necessary variances to change the roof line of the existing structure at 228 Mile Creek Road, Gretchen Knauff, applicant, as per plans submitted.
Reasons to Grant:
- Modest change to structure to improve safety.
- Roof pitch no higher than existing structure and no change in footprint.
Minutes of the February 21, 2012 Regular Meeting
A Motion was made by Mary Stone, seconded by Kip Kotzan and voted unanimously to approve the minutes of the February 21, 2012 Regular Meeting.
Adjournment
The Meeting adjourned at 8:30 p.m. on a motion by Kip Kotzan; seconded by Arthur Sibley and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
| 
