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Zoning Board of Appeals Record of Vote 04/16/2013
RECORD OF VOTE
OLD LYME ZONING BOARD OF APPEALS
REGULAR MEETING
TUESDAY, APRIL 16, 2013
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, regular member

Present:  Richard Smith, alternate and Kim Barrows, Clerk

Absent:  Martha Rumskas, alternate

Case 13-07 – Ronald S. Levitt, 25 Sargent Road

        A Motion was made by A. Sibley, seconded by M. Stone to GRANT the necessary variances to allow the construction of a one car garage with storage as shown on the property survey dated January 23, 2013on property located at 25 Sargent Road with the following conditions:  1) the property survey is to be revised to show the garage as 14’ wide by 24’ deep and 2.  the existing shed is to be removed.  The reasons for granting the variances are the size of proposed garage has been reduced by two feet in width and the topography of the lot is too difficult to develop according to current zoning regulations.  No further discussion and a vote was taken:  In favor:  None  In opposition:  S. Stutts, J. McQuade, A. Sibley, K. Kotzan, M. Stone   Abstaining:  None

Reasoning for denial:  Size of deck could be reduced to reduce the overall coverage; percentage of coverage would exceed allowable percentage by at least 12% and there are other alternatives to achieve these goals.

        A Motion was made by K. Kotzan, seconded by J. McQuade to DENY the necessary variances requested based on the reasons previously stated.  A vote was taken:  In favor: S. Stutts, J. McQuade, A. Sibley, K. Kotzan, M. Stone   In opposition:  None Abstaining:  None

Case 13-10 – John and Maureen Swarts, 68 Corsino Avenue

A Motion was made by K. Kotzan, seconded by A. Sibley to GRANT the necessary variances to allow elevating the existing structure to meet FEMA regulations and remain in the same location as shown on the property survey titled “Existing Conditions survey prepared for John L & Maureen H Swarts #68 Corsino Avenue, Old Lyme Connecticut” dated December 12, 2012 prepared by Anthony Hendriks, L.S., LLC and the preliminary plans and elevations prepared by KV Designs dated February 22, 2013 on property located at 68 Corsino Avenue with the following conditions: 1) The property survey titled above should be updated to reflect the staircases up to the structure and 2) the elevations to be noted on the property survey as well.  The reasons for granting the variances are that the excessive floor area is caused by raising the structure, the space under the structure will never be living space, the Board seeks to comply with FEMA regulations and the intrusion into the front setback is caused by the existing foundation which will be used when the house is raised.  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 13-11 – Michael and Debra Noddin, 29 Flagler Avenue

        A Motion was made by K. Kotzan, seconded by J. McQuade to GRANT the necessary variances to allow the existing screened gazebo to remain in its current location on property located at 29 Flagler Avenue with the following conditions:  1)  the gazebo will never be electrified; 2) the gazebo will never be attached to the house; 3) the gazebo will never be enclosed with permanent windows and 4) no deck(s) shall connect the gazebo to the house.  The reasons for granting the variances are that a similar sized shelter has been in the same location for a number of years and the structure exceeds the allowable square footage for outbuildings by a small amount. 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

Minutes of the February 19, 2013 Regular Meeting

        A Motion was made by K. Kotzan, seconded by M. Stone to approve the Minutes of the February 19, 2013 Regular Meeting as amended:  Correct the date at top of minutes from 2012 to 2013.   On page 6, there should be more detail in the reasons for denial (second paragraph).  In the fifth paragraph, reasons for denying without prejudice, reason number 1 should clarify the statement with respect to not encroaching outside the existing footprint: was that the actual intent of the discussion?  Also on page 6, delete under Reasons: “The Board would agree to a rebuild of the existing but not an expansion.”  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

Election of Officers

        A Motion was made by S. Stutts seconded by K. Kotzan to nominate the slate as follows:  S. Stutts, Chairman (until November, 2013), J. McQuade, Vice Chairman and M. Stone, Secretary.  No further nominations and a vote set the slate 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 April 16, 2013 Regular Meeting; no discussion and a vote was taken.  The motion to adjourn passed unanimously.  5-0-0    The meeting adjourned at 10:20 p.m.


                                Susanne Stutts, Chairman


The next Regular Meeting will be held on Tuesday, May 21, 2013
at 7:30 p.m. at the Town Hall