RECORD OF VOTE
OLD LYME ZONING BOARD OF APPEALS
REGULAR MEETING
TUESDAY, MARCH 18, 2014
MEMORIAL TOWN HALL, 52 LYME STREET
OLD LYME, CT - 7:30 P.M.
Present and voting were Judy McQuade, Vice Chairman, Mary Stone, Secretary, Art Sibley, regular member, Karen Conniff, regular member and Kip Kotzan, regular member
Present: Harry Plaut, alternate, Laurie O’Brien, alternate, David M. Royston, Esquire, ZBA attorney and Kim Barrows, Clerk
Case 14-04 A – Appeal of a Cease & Desist Order, 18 Lyme Street, Barbara
Crowley, applicant
The public hearing closed this evening.
A Motion was made by K. Kotzan, seconded by M. Stone to defer the decision on Case 14-04A – Appeal of a Cease & Desist Order, 18 Lyme Street to a Special Meeting which is scheduled for Tuesday, March 25, 2014 at 7:30 p.m. in the Meeting Hall, Town of Old Lyme. No discussion and a vote was taken: In favor: A. Sibley, J. McQuade, M. Stone, K. Conniff, K. Kotzan Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Case 14-05 A – Appeal of a Cease & Desist Order, 2 Moss Point Trail, Patrick & Diane Looney, applicants
A Motion was made by K. Kotzan, seconded by A. Sibley to CONTINUE the public hearing on Case 14-05A, 2 Moss Point Trail to the next Regular Meeting which is scheduled for Tuesday, April 15, 2014 at 7:30 p.m. in the Meeting Hall, to see if the parties can try to come to an agreement on the matter. No discussion and a vote was taken: In favor: A. Sibley, J. McQuade, M. Stone, K. Conniff, K. Kotzan Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Case 14-02C – Warren E. Hannas, 9-1 Halls Road
A Motion was made by M. Stone, seconded by A. Sibley to GRANT Variance application 14-02C – 9-1 Halls Road, per the plans submitted and in accordance with the Site Development Plan prepared by Angus McDonald Gary Sharpe & Associates, Inc. entitled “Site Development Plan property of Warren E. Hannas 9-1 Halls Road Old Lyme, Connecticut, date: October 17, 2013, Scale: 1” =20’ Sheet 1 of 1 revised to 12/5/13” and “E.W. Hannas Building Renovations and Additions 9-1 Hall Rd. Old Lyme CT 06371 – 1st Floor Renovation & Proposed Addition prepared by Arthur Hurst Design, LLC dated 10/14/13 Drawing numbers A-1, A-2, A-3 and A-4”. 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. With the following conditions:
1. No removal of trees on the property and the orientation of the proposed addition in relation to the existing structure is critical to the minimal visual impact finding made by the Gateway Commission.
2. Existing terrace and steps be renovated, but are not to extend further into the setbacks.
No discussion and a vote was taken: In favor: A. Sibley, K. Conniff Opposed: J. McQuade, M. Stone, H. Plaut Abstaining: None The motion failed to pass. 2-3-0
Reasons for those who opposed the granting of the variance:
1. Further expansion of a building on a non-conforming lot.
2. Owner has reasonable use of the property as it exists.
3. Existing building could be renovated and not expanded.
Case 14-06 – Margaret M. Borchert, 58 West End Drive; Garry R. & Margaret Legein, 60 West End Drive; The Heckman Family Limited Partnership, 56 West End Drive and Vincent Marino as applicant
A Motion was made by M. Stone, seconded by K. Kotzan to GRANT Variance application 14-06 – to reconfigure the lot lines for 56-57 West End Drive, 58-59 West End Drive and 60-61 West End Drive per the plan submitted entitled “Plan Showing Existing Conditions Survey on Property of Margaret M. Borchert 58 West End Drive and proposed boundary line adjustments between properties located at 56, 57, 58,59, 60 & 61 West End Drive Old Lyme Connecticut, Scale 1” = 10’ Date: February 21, 2013 prepared by Gerwick – Mereen, LLC”. Reasons to grant:
1. The new lot boundaries will more nearly define the areas of historical use by each property owner.
2. Lot sizes will remain virtually the same, but side setback distances will change, some longer (less non-conforming) and some shorter (more non-conforming).
3. A Boundary Line Agreement will be recorded on the Land Records as well as a mylar of the boundary line adjustments between the properties.
No discussion and a vote was taken: In favor: A. Sibley, J. McQuade, M. Stone, K. Conniff, K. Kotzan Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Correspondence
A letter dated March 14, 2014 from Deveaux Architects regarding 52 Gorton Avenue, Castanho Residence. Mr. Deveaux went over the changes to the plans that were originally approved at the July 16, 2013 ZBA meeting. The modification is requested to allow adjustment to the exterior stair locations and expansion of the deck area to accommodate mechanical equipment required to be elevated above the Base Flood Elevation (BFE). The front stair will be reduced in size by 34 s.f. and relocated to reduce intrusion into the front setback by 4’-0”. The rear stair will increase in size by 46 s.f. and will comply with side and rear setbacks. The deck area will increase by 55 s.f. for placement of (2) HVAC condensers elevated above BFE and will also comply with side and rear setbacks. Also the
placement height of “On-Demand” waters heaters in the structure have been installed 7” above the base flood elevation. The Zoning Regulations require one foot, but the heaters are in compliance with the Building Code and FEMA.
The items were discussed and the Board made the following motion:
A Motion was made by K. Kotzan, seconded by A. Sibley to accept the amendments to the plan as they are within the intent of the original variance. No discussion and a vote was taken: In favor: A. Sibley, J. McQuade, M. Stone, K. Conniff, K. Kotzan Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Minutes
Minutes deferred to the April 15, 2014 Regular Meeting
Election of Officers
Election of Officers was tabled to the March 25, 2014 Special Meeting
Adjournment
A Motion was made by K. Kotzan, seconded by A. Sibley to adjourn the March 18, 2014 Meeting; no discussion and a vote was taken. The motion to adjourn passed unanimously. 5-0-0 The meeting adjourned at 1:00 a.m.
Judy McQuade, Vice Chairman
The next Regular Meeting will be held on Tuesday, April 15, 2014
at 7:30 p.m. at the Town Hall
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