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RECORD OF VOTE
OLD LYME ZONING BOARD OF APPEALS
SPECIAL MEETING
TUESDAY, MARCH 25, 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 and Kim Barrows, Clerk
Case 14-04 A – Appeal of a Cease & Desist Order, 18 Lyme Street, Barbara
Crowley, applicant
The public hearing closed on March 18, 2014. A. Sibley stated it is a change in use since the hours were increased from opening at 11:00 a.m. to 7 a.m.; Consumable items are sold to be eaten on the premises, i.e. increase in tables, installation of wi-fi and muffins and quiche heated and sold. K. Conniff stated that it is a use change with the addition of a “café”. M. Stone stated the scope of the decision is very narrow: has the use changed from 2008 to present? Where the business is now from where it is today is a change in use. K. Kozan stated it was clearly a change of use without the proper permitting. It has become more of a restaurant as opposed to what it had been. J. McQuade quoted Attorney Hudson’s three factors to consider: “1) the extent to
which the current use reflects the nature and purpose of the original use; 2) any differences in the character, nature and kind of use involved; and 3) any substantial difference in effect upon the neighborhood resulting from the differences in the activities conducted on the property.”; Clearly these three factors come into effect with this particular case.
A Motion was made by A. Sibley, seconded by K. Kotzan to support the Zoning Enforcement Officer who filed the Cease & Desist Order, 18 Lyme Street. It is sustained. 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
Election of Officers
A Motion was made by K. Conniff, seconded by K. Kotzan to nominate J. McQuade as Chairman. No further nominations and a vote was taken. In favor: A. Sibley, K. Kotzan, M. Stone, K. Conniff In opposition: None Abstaining: J. McQuade The motion passed. 4-0-1
A Motion was made by J. McQuade, seconded by K. Kotzan to nominate A. Sibley as Vice Chairman. No further nominations and a vote was taken. In favor: K. Kotzan, J. McQuade, K. Conniff, M. Stone In opposition: None Abstaining: A. Sibley The motion passed. 4-0-1
A Motion was made by A. Sibley, seconded by K. Kotzan to re-nominate M. Stone as Secretary. No further nominations and a vote was taken. In favor: A. Sibley, K. Kotzan, J. McQuade, K. Conniff In opposition: None Abstaining: M. Stone The motion passed. 4-0-1
A Motion was made by K. Kotzan, seconded by A. Sibley to vote on the slate as nominated. No further discussion and a vote was taken. In favor: A. Sibley, K. Kotzan, J. McQuade, K. Conniff, 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 March 25, 2014 Special Meeting; no discussion and a vote was taken. The motion to adjourn passed unanimously. 5-0-0 The meeting adjourned at 7:55 p.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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