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RECORD OF VOTE
OLD LYME ZONING BOARD OF APPEALS
REGULAR MEETING
TUESDAY, SEPTEMBER 18, 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 (acting as Chairman), Kip Kotzan, Secretary, Arthur Sibley, regular member, Richard Smith, alternate (seated for Susanne Stutts for Case 12-21 only) and Mary Stone, alternate (seated for Joseph St. Germain)
Present: Kim Barrows, Clerk
Absent: Joseph St. Germain, regular member, and Martha Rumskas, alternate
Case 12-21 – Nicholas DiCorleto, 42 Breen Avenue
Voting: J. McQuade, K. Kotzan, A. Sibley, M. Stone, R. Smith
A Motion was made by A. Sibley, seconded by R. Smith to accept the proposal listing the variances that are required and making note that since this is a very tight site, no mistakes are going to be made and it will be built as shown to the Board on the plans without any exceptions [“Site Plan Nicholas J. DiCorleto, Jr. Corner of Breen & Maple Avenue Old Lyme, Connecticut prepared by Buck & Buck, LLC, Engineers dated 2/24/09, 1”=10” Drawing No. 1, revised 2/25/09, 11/24/09, 6/3/10, 10/5/10, 11/8/10, 12/10/10, 1/3/11, 9/5/12 and 9/13/12”. “Modified Saint Clair Design Nicholas J. DiCorleto, Jr. 42 Breen Avenue Old Lyme, Connecticut prepared by Buck & Buck, LLC, Engineers dated 8/29/12 Drawing No. C5” plan does not show a revision date but is signed by the Acting
Chairman, Judy McQuade of the ZBA and dated 9/18/12]. The condition is that the enclosing of the front porch never be contemplated or done in the future. Discussion: K. Kotzan asked about variances being granted, the open porch is calculated into floor area, but it is never to be enclosed and is not living space. M. Stone, the variances are being granted to meet the minimum size required for living space. No further discussion and a vote was taken. In favor: J. McQuade, K. Kotzan, A. Sibley, R. Smith, M. Stone In opposition: None Opposed: None The Motion passed unanimously. 5-0-0
Reason to grant: Reasonable use with this size lot. House has been designed to fit the property. New septic to be installed.
Case 12-22C – Estate of James Kerwin, Kathleen Cox, Executrix, 37 Seaside Lane
A Motion was made by A. Sibley, seconded by K. Kotzan to accommodate their request for variances per the plans submitted but a special stipulation added that under no circumstances should anything be put in the way of the existing open three bay area underneath, that area is to remain open for flood compliance purposes. The CAM application is also approved because it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impacts. No discussion and a vote was taken. In favor: S. Stutts, J. McQuade, K. Kotzan, A. Sibley, M. Stone In opposition: None Opposed: None The Motion passed unanimously. 5-0-0
Reason to grant: Reasonable use, proposal is in harmony with the neighborhood and no negative impact to the Coastal Resources.
Case 12-23C – William & Carla Bergenty, 32 Pond Road
A Motion was made by A. Sibley, seconded by K. Kotzan to approve the variances being required to build the structure as per plans submitted and that very careful conformance to the location of the structure be taken and also that a condition be imposed that the carport area never be enclosed [as noted on plan entitled “Coastal Site Plan Land of William Bergenty II & Carla Bergenty 32 Pond Road – Tax Map 75 Lot 111 Old Lyme, Connecticut dated July 27, 2012, Scale: 1”=10’ prepared by Indigo Land Design, LLC revised 8/2/12, further revised to 8/28/12” and shown as note numbered 2 under Schedule of Total Building Gross Floor Area]. The CAM application is also approved because it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate
adverse impacts. Discussion: the number of bedrooms are being reduced from 4 to 3 and the shed is to be removed. No further discussion and a vote was taken. In favor: S. Stutts, J. McQuade, K. Kotzan, A. Sibley, M. Stone In opposition: None Opposed: None The Motion passed unanimously. 5-0-0
Reason to grant: Several nonconformities being reduced. New septic to be installed and the structure will be FEMA compliant. Addition of more pervious surfaces on the lot to mitigate water runoff. The additional structure gets mechanicals out of the flood area. Less intensive use.
Minutes of the June 19, 2012 and the July 17, 2012 Regular Meeting
A Motion was made by S. Stutts, seconded by J. McQuade and voted unanimously to approve the minutes of the June 19, 2012 Regular Meeting as submitted. 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
A Motion was made by M. Stone, seconded by K. Kotzan and voted unanimously to approve the minutes of the July 17, 2012 Regular Meeting, with the following correction on page 5, fifth paragraph where it states “Acting Chairman Cable”, it should state “Acting Chairman McQuade”. 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
Adjournment
A Motion was made by K. Kotzan, seconded by A. Sibley to adjourn the September 18, 2012 Regular Meeting; no discussion and a vote was taken. The motion to adjourn passed unanimously. 5-0-0 The meeting adjourned at 9:55.m.
Susanne Stutts, Chairman
The Zoning Board of Appeals next regular meeting will be Tuesday, October 16, 2012
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