RECORD OF VOTE
OLD LYME ZONING BOARD OF APPEALS
REGULAR MEETING
TUESDAY, APRIL 17, 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, Arthur Sibley, regular member and Mary Stone, alternate (seated for Joseph St. Germain)
Present: Kim Barrows, Clerk
Absent: Joseph St. Germain, regular member, Richard Smith, alternate and Martha Rumskas, alternate
Case 12-10 – Christina & Thomas Gotowka, 25 Library Lane – WITHDRAWN
Case 12-11 – Vincent S. & Rose Miceli Family LLC, 40 Washington Avenue
A Motion was made by K. Kotzan, seconded by J. McQuade to GRANT the necessary variances to build the enclosure with the condition that amended plans are brought forth with detailed drawings that show how it ties into the existing house with the height dimension and will meet with the approval of the Chairman as discussed. Discussion: the rear setback variance has been discussed. No further discussion and a vote was taken. In favor: K. Kotzan, J. McQuade, A. Sibley, M. Stone In opposition: S. Stutts Abstaining: None The motion passed. 4-1-0
Reasons to Grant: Reasonable use of property; doesn’t offend the intent of the zoning regulations being varied. Cement slab already exists; limited in other options due to the configuration of the property.
Case 12-12 – John Heckman & Helen Cantrell, 21-3 Library Lane
A Motion was made by A. Sibley, seconded by J. McQuade to GRANT the plan presented and include the Board’s desire to be very clear that the pergola will remain in an open fashion. Also as discussed the presentation was very good, the plans and drawings presented will make it easy to see what is approved and what is built so that they are adhered to. Discussion: M. Stone, this was a well thought project and shows sensitivity to the environment. The roof over the doorway is for safety reasons. K. Kotzan stated that this is a landscape feature. No further discussion and a vote was taken. In favor: S. Stutts, K. Kotzan, J. McQuade, A. Sibley, M. Stone In opposition: None Abstaining: None The motion passed unanimously.
5-0-0
Case 12-13 – William Randazzo, 40 Sea Spray Road
A Motion was made by K. Kotzan, seconded by A. Sibley to GRANT the necessary variances to build as per plans submitted for the construction of the covering over the front steps with the condition that the structure is drawn on the plans to be submitted for approval by the Chairman and it is no bigger than 18 square feet. No discussion and a vote was taken. In favor: S. Stutts, K. Kotzan, J. McQuade, A. Sibley, M. Stone In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
Reason to grant: for safety and protection from the elements.
A Motion was made by K. Kotzan, seconded by M. Stone to GRANT the necessary variances to build the pergola as per plans submitted with the condition that construction drawings show the dimensions of the pergola and the attachment of it to the house. Discussion: S. Stutts did not feel that the proposed pergola was aesthetically pleasing and that it was too close to the road. No hardship was involved. J. McQuade felt that the pergola added to the bulk of the structure and there are other alternatives, i.e. awnings. K. Kotzan felt that the large addition added in 2010 added to the ground coverage on the property and that there was no hardship. Large patio area in the rear. No further discussion and a vote was taken. In favor: M. Stone In opposition: S. Stutts, K. Kotzan, J. McQuade, A. Sibley Abstaining: None The motion failed to pass unanimously. 1-4-0 The variances for the construction of the Pergola have been DENIED.
Reasons: Proposed as a roof like structure; self imposed hardship; could have been included in the design of the addition in 2010 so it did not exceed ground coverage.
Executive Session to discuss settlement proposal in pending litigation (Sullo vs. ZBA Appeal Docket # KNL CV11 6010923S). Appeal of ZBA decision regarding location of shed at 9 Sea Lane.
Susanne Stutts asked for a motion to go into Executive Session to discuss settlement proposal in pending litigation (Sullo vs. ZBA Appeal Docket # KNL CV11 6010923S). Appeal of ZBA decision regarding location of shed at 9 Sea Lane. Members of the ZBA as noted above as well as Kim Barrows, Zoning Assistant, were to go into Executive Session.
The following motion was made to go into Executive Session at 9:15 p.m.:
A Motion was made by S. Stutts, seconded by J. McQuade, to go into Executive Session at 9:15 p.m. and to allow those seated at the table and previously noted above to be included in the Executive Session. A vote was taken: In favor: S. Stutts, J. McQuade, K. Kotzan, A. Sibley, M. Stone In Opposition: None Abstaining: None. The Motion passed unanimously.
The Zoning Board of Appeals members and Kim Barrows went into Executive Session at 9:15 p.m.
The following vote was taken to come out of Executive Session at 10:00 p.m.:
A Motion was made by K. Kotzan, seconded by J. McQuade, to leave the Executive Session at 10:00 p.m. A vote was taken: In favor: S. Stutts, J. McQuade, K. Kotzan, A. Sibley, M. Stone In Opposition: None Abstaining: None. The Motion passed unanimously. Those present came out of Executive Session.
The following consensus of the Zoning Board of Appeals with respect to a settlement proposal was as follows:
The new proposal doesn’t satisfy the intent of the reasons given for the previous denial. Some effort needs to be made to minimize setbacks and to reduce ground coverage. The decision hinges on height of the structure, the dimensions of the structure and the location of the structure on the lot. This consensus was unanimous.
Adjournment
A Motion was made by A. Sibley, seconded by K. Kotzan to adjourn the April 17, 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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