RECORD OF VOTE
OLD LYME ZONING BOARD OF APPEALS
REGULAR MEETING
TUESDAY, JUNE 18, 2013 continued to
WEDNESDAY, JUNE 19, 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, Mary Stone, Secretary, Kip Kotzan, regular member, Art Sibley, regular member
Present: Richard Smith, alternate and Kim Barrows, Clerk
Absent: Martha Rumskas, alternate
Case 13-15C – Carolyn V. Adams, Trustee, 24 Champion Road
A Motion was made by A. Sibley, seconded by K. Kotzan to the necessary variances to allow elevating the existing structure and decking to comply with FEMA Flood Requirements (elevation 12). The decking to be modified to eliminate existing encroachments and the house raised as shown on the plans entitled “Coastal Site Plan Land of Carolyn V. Adams, Trustee 24 Champion Road, Map 86, Lot 3 Old Lyme, Connecticut dated April 3, 2013 revised to 5/17/13 minor deck revisions prepared by Indigo Land Design, LLC” and the Coastal Site Plan Review Application is approved as well because it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impacts the following conditions added:
1. Details on the raising and placement of pilings underneath the structure be fully detailed on site plans and in writing.
2. No concrete foundation connection between all pilings at ground level, i.e. sand between the pilings and preferably no garage.
3. Stairs in front to be realigned to not intrude further into the setback.
4. Impact from construction to the berm will be mitigated.
Reasons to Grant: 1) Parts of deck extending outside property lines will be removed; 2) the protruding stairway will be placed parallel to deck to reduce the setback and 3) strength and safety of structure will be improved to meet current FEMA requirements.
No further discussion and a vote was taken: In favor: S. Stutts, K. Kotzan, J. McQuade, M. Stone, A. Sibley In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
Case 13-16C – Sharon Griffin Trustee, 113 Hillcrest Road
A Motion was made by M. Stone, seconded by A. Sibley to GRANT the necessary variances to allow demolition and reconstruction of existing structure on same footprint within 50’ of the coastal shorefront as shown on the plot plan prepared by Deveaux Architects for the Griffin Residence 113 Hillcrest Road dated 4-2-2013 Sheet L-1 and the “Site Development Plan property of Sharon Griffin Trustee 113 Hillcrest Road Old Lyme, Connecticut dated December 28, 2012, Sheet 1 of 1 Revised to 4-5-13 house revision”. The Coastal Site Plan Review Application is approved as well because it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impacts. Reasons to Grant: 1) Per the DEEP OLISP, the
proposed (replacement) home is not located in a flood zone; 2) Several measures have been taken to take previously stated concerns into account; 3) proposal will maintain character of the neighborhood; 4) going from 5 bedrooms to 3 and 5) reconstruction will result in a sturdier, code-compliant building. No further discussion and a vote was taken: In favor: S. Stutts, K. Kotzan, J. McQuade, M. Stone, A. Sibley In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
Case 13-17 – Marla Richardson, 10 Seaside Lane
A Motion was made by A. Sibley, seconded by M. Stone to GRANT the necessary variances to allow construction of a storage room on the second floor above the existing first floor kitchen as shown on the drawing entitled “Second Floor Plan” noted in red and approximately 103.50 s.f. on the property at 10 Seaside Lane with the following conditions:
1. Detailed measured plans for addition to be provided;
2. Ceiling height to be kept under six feet (6’) in addition to prevent addition being used as living space.
3. Detailed plans must include elevation of rear of house.
Reasons to Grant: Sufficient hardship has been shown and we are trying to keep the use of the property consistent. No further discussion and a vote was taken: In favor: K. Kotzan, J. McQuade, M. Stone, A. Sibley In opposition: S. Stutts Abstaining: None The motion passed. 4-1-0 Reasons to deny: the property is extremely overbuilt already and there are other ways of achieving the same storage within the existing footprint.
Case 13-18 – Luis and Alicia Castanho, 52 Gorton Avenue
A Motion was made by K. Kotzan, seconded by A. Sibley to OPEN THE PUBLIC HEARING FOR 52 GORTON AVENUE AND CONTINUE IT TO THE JULY 16, 2013 REGULAR MEETING, NO TESTIMONY TO BE TAKEN. A letter dated June 13, 2013 from Geri Deveaux, Deveaux Architects made the request on behalf of the applicant. No discussion and a vote was taken: In favor: S. Stutts, K. Kotzan, J. McQuade, M. Stone, A. Sibley In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
Minutes of the May 21, 2013 Regular Meeting
A Motion was made by M. Stone, seconded by K. Kotzan to approve the Minutes of the May 21, 2013 Regular Meeting with the following amendment: page 7 second line to read “Motion did not carry, 4:1, with Mr. R. Smith voting against.” No discussion and a vote was taken: In favor: S. Stutts, K. Kotzan, J. McQuade, M. Stone, A. Sibley In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
A Motion was made by K. Kotzan, seconded by A. Sibley at 10:20 p.m. to CONTINUE THE PUBLIC HEARING TO WEDNESDAY, JUNE 19, 2013 AT 7:30 P.M. .” No discussion and a vote was taken: In favor: S. Stutts, K. Kotzan, J. McQuade, M. Stone, A. Sibley In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
June 19, 2013 at 7:30 p.m.
Case 13-19 A – 50 Shore Road, Randy Nixon, appellant - Appeal of Zoning Enforcement Officer
A Motion was made by A. Sibley, seconded by M. Stone to NOT UPHOLD THE INTERPRETATION OF THE ZONING ENFORCEMENT OFFICER with respect to the appeal of 50 Shore Road for the following reason: The shelter is intended to be a permanent docking area for the boat, which comes and goes. No further discussion and a vote was taken: In Favor: A. Sibley Opposed: S. Stutts, J. McQuade, K. Kotzan, M. Stone Abstaining: None The motion failed to pass.
A. Motion was made by K. Kotzan, seconded by J. McQuade to UPHOLD THE INTERPRETATION OF THE ZONING ENFORCEMENT OFFICER with respect to the appeal of 50 Shore Road for the following reason: based solely on the language of current Zoning Regulations, the ZEO’s interpretation can be construed as correct. No further discussion and a vote was taken: In Favor: S. Stutts, J. McQuade, K. Kotzan, M. Stone Opposed: A. Sibley Abstaining: None The motion passed.
Case 13-20 – Ronald S. Levitt, 25 Sargent Road
A Motion was made by M. Stone, seconded by A. Sibley 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, 2013 which was modified to show the decking to be removed, the shed to be removed and the size of the garage which is 14’ x 22’ on property located at 25 Sargent Road. Reasons to grant: Applicant has removed the need for variance for maximum lot coverage and hardship shown due to topography and difficulty of getting in and out of a car. No further discussion and a vote was taken: In favor: S. Stutts, K. Kotzan, J. McQuade, M. Stone, A. Sibley In opposition: None Abstaining: None The motion passed
unanimously. 5-0-0
Case 13-21 – Town of Old Lyme, 166 Boston Post Road
A Motion was made by A. Sibley, seconded by K. Kotzan to GRANT the necessary variances to allow an 8’ high fence enclosure in the setback for installation of a temporary boat storage facility until the existing boat house is modified to accommodate the boats stored at the property located at 166 Boston Post Road with the following condition: the fence should be removed once the boat house has been modified. Reason to grant: it is a temporary solution to increase safety and security of the property. No further discussion and a vote was taken: In favor: S. Stutts, K. Kotzan, J. McQuade, M. Stone, A. Sibley In opposition: None Abstaining: None The motion passed unanimously.
5-0-0
Case 13-22C – Kasie Munson, 26 Katherine Road
A Motion was made by K. Kotzan, seconded by A. Sibley to GRANT the necessary variances to allow elevation of the existing home to comply with FEMA Regulations (BFE 15) position of structure as noted on the “Property survey map depicting of property of Daniel B Falkenstein #26 Katherine Road Old Lyme Connecticut Sheet 1 of 1 dated February 19, 2013, revised to 6/19/13 mean high water notation prepared by Hendriks Associates, Anthony Hendriks, L.S. LLC”. The Coastal Site Plan Review Application is approved as well because it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impacts. Reason to grant: proposal will meet upcoming FEMA regulations with minimal impact to lot. No further
discussion and a vote was taken: In favor: S. Stutts, K. Kotzan, J. McQuade, M. Stone, A. Sibley In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
Adjournment
A Motion was made by K. Kotzan, seconded by M. Stone to adjourn the June 18, 2013 Regular Meeting which was continued to June 19, 2013; no discussion and a vote was taken. The motion to adjourn passed unanimously. 5-0-0 The meeting adjourned at 10:00 p.m.
Susanne Stutts, Chairman
The next Regular Meeting will be held on Tuesday, July 16, 2013
at 7:30 p.m. at the Town Hall
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