OLD LYME ZONING BOARD OF APPEALS
REGULAR MEETING
Tuesday, April 15, 2014
The Old Lyme Zoning Board of Appeals held a Regular Meeting on Tuesday, April 15, 2014, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were Judy McQuade, Chairman, Mary Stone, Secretary, Art Sibley, Vice Chairman, Karen Conniff, regular member and Laurie O’Brien, alternate.
Present: Harry Plaut, alternate (seated for 11 Kinner Avenue) and Kim Barrows, Clerk
Chairman McQuade called the meeting to order at 7:30 p.m.
PUBLIC HEARINGS
1. Case 14-05 A – Appeal of a Cease & Desist Order, 2 Moss Point Trail, Patrick & Diane Looney, applicants.
Pursuant to a letter from the Appellant’s attorney, Paul Geraghty dated April 15, 2014, the public hearing has been continued to May 20, 2014.
Attorney Geraghty indicated that the appellant has gotten rid of some lawn mowers and snow mobiles. He stated that they are trying to work on this and see if they can come up with a solution that resolves the issue.
A motion was made by Karen Conniff, seconded by Arthur Sibley and voted unanimously to continue the public hearing to the next Regular Meeting on May 20, 2014 for Case 14-05 A – Appeal of a Cease & Desist Order, 2 Moss Point Trail, Patrick & Diane Looney, applicants.
2. Case 14-07 – Old Lyme Country Club, 40 McCurdy Road
David Lane was present to represent the applicant, Old Lyme Country Club. Chairman Cable noted that a variance is requested to reconfigure the roof line on an existing maintenance shed. She noted a variance is required of the street setback to Johnny Hill Cake Road, 50’ required, 35’ provided, for a variance of 15’.
Mr. Lane stated that the existing roof is flat and over the period of ten to twenty years it is sagging in the middle. He noted that it is unusable because the roof is leaking. Mr. Lane presented photographs of the structure. Mr. Sibley questioned whether the building would be resided. Mr. Lane replied that it would be resided. Chairman McQuade noted that that would be a significant improvement.
A property owner on Johnny Cake Hill Road stated that the Country Club does not maintain the structure and it is very shabby looking. She noted that the fence was replaced and it was promised that it would be maintained but it needs paint. She presented photographs of another structure that is also in disrepair. Mr. Lane provided her the name of the President so that she could express her concerns.
Hearing no further comments, Chairman McQuade called this Public Hearing to a close.
3. Case 14-08 – Robert K. Janes & Jenelle E. Janes, 60 Grassy Hill Road
Chairman McQuade noted that the applicants are requesting a variance to construct a new structure with a full basement that exceeds the allowed height. Nina Peck, Architect, explained that the application contains hand drawn drawings and she submitted computer drawings for the record. Chairman McQuade stated that there are currently twelve nonconformities on the site and the proposal significantly reduces that number but adds a height variance; 27’ proposed, 24’ required.
Ms. Peck stated that they are demolishing the existing nonconforming house and constructing a small, six room house; she noted that the plans show three rooms on the first floor and three rooms on the second floor. She noted that because of the high water table they must bring the foundation up four feet which increases the height to 27 feet. Ms. Peck noted that the house is only 2 inches taller than the original house.
Ms. Peck stated that the basement is required for mechanicals. She noted that the footprint is larger because the new house has a garage. Ms. Stone questioned whether the existing shed was going to be demolished. Ms. Peck replied that it will not be demolished.
Tony Hendriks, Professional Land Surveyor, stated that the site plan has been reviewed and approved by the Wetlands Commission. He noted that they are trying to construct being sensitive to the wetlands and the lake. Mr. Hendriks stated that he has been given a verbal approval from the Sanitarian for the new septic system. He indicated that currently there is a cesspool. Mr. Hendriks stated that there will also be a new well which will also be in conformance with the Public Health Code.
Ms. O’Brien questioned the exact height variance because some of the paperwork says 2 feet and some of it says 4 feet. Ms. Peck indicated that the variance requested is 3 feet. She noted that the ceiling height is 7’6”. She noted that the proposed house is lower than the neighboring homes.
Kevin McMann, 59 Grassy Hill Road, stated that he lives directly across the street from this property and is 100 percent in favor of it. He noted that the project increases his waterview and he looks forward to seeing the beautiful new home and the removal of the 200 year old home. Mr. McMann stated that it is a great improvement for the whole neighborhood.
Property owner at 61 Grassy Hill Road stated that the increase in height will not block his view and the proposal would be a great improvement.
Ms. Barrows stated that there are two letters in favor of the application.
Roger Bruenig, Grassy Hill Road, stated that he hopes they are building high enough. He noted that in March 2010 the water was over the damn 31 inches. Mr. Bruenig stated that he hopes that has been factored into the design. He noted that the Town fixed the damn instead of redesigning it and it now has less surge capability when there is runoff from the 4,850 acres of watershed that Rogers Lake resides in. He stated that prior to fixing the damn it leaked so water could go out the bottom and not just over the top.
Ms. Barrows stated that a completed Certificate of Zoning Compliance is required in order for the Board to go further. She indicated that it is not completed based on the fact that they do not have Health approval. Ms. Barrows noted that Ms. Brown signed off on the permit before the Sanitarian.
Chairman McQuade indicated that she thought that they could act because the building permit would not be issued until Health approval is received. Ms. Barrows indicated that the Board has not done that in the five years she has been with them.
The Board agreed to continue the Public Hearing.
A motion was made by Karen Conniff, seconded by Mary Stone and voted unanimously to continue the public hearing to the next Regular Meeting on May 20, 2014 for Case 14-08 – Robert K. Janes & Jenelle E. Janes, 60 Grassy Hill Road.
4. Case 14-09 – Frank J. and Susan W. Cummiskey, 11 Kinner Avenue
Chairman McQuade recused herself for this item and Harry Plaut was seated.
Whitney Huber, Architect, was present to represent the applicant. He explained that the property pre-dated zoning. Mr. Huber stated that this property is the largest piece of land on Kinner Avenue and is long and skinny as shown on the plan. He pointed out the buildable area on the lot. Mr. Huber stated that the house was constructed in 1988 and was granted by variance to replace an 1890 structure. He indicated that they were required to build within the original footprint. Mr. Huber stated that the garage and shed are well within the setback. He stated that they would like to remove these two structures and construct a new garage to replace them. Mr. Huber stated that they would like to add a little area on the west side of the house to extend the dining room. He
noted that the new garage is shown on the site plan in green. Mr. Huber explained that the new garage would be two stories in order to add a bedroom; he noted they would be losing one of the existing bedrooms in order to gain access to this area. Mr. Huber noted that the house will remain three bedrooms.
Mr. Huber stated that the property meets all other bulk requirements with the exception of the front and rear setbacks. Acting Chairman Sibley questioned whether with the removal of the shed and garage there would be no rear setback violation. Mr. Huber noted that there will be a reduced rear setback violation. He noted that it will also increase the neighbor’s views.
Ms. Barrows stated that two of the neighbors submitted letters in favor of the application; Louis and Elizabeth Alfonso at 12 Kinner dated April 7, 2014 and Pete and Kathy Griswold at 31 Smith Neck Road dated April 8, 2014. She noted that Gateway reviewed the application and they requested that the pine tree in the northwest corner of the property remain if at all possible. Mr. Cummiskey replied that he would retain that tree.
No one present spoke in favor of or against the application. Hearing no further comments, Acting Chairman Sibley called this Public Hearing to a close.
5. Case 14-10 – Adam Pietrowicz, 27 Hillside Road
Chairman McQuade stated that the applicant would like to change the pitch of a garage roof and add dormers. She noted the existing nonconformity is Section 8.8.8, minimum setback from rear property line, 35’ required, 10’ existing. Chairman McQuade noted that a variance is being requested of Section 8.8.8, minimum setback from rear property line, 35’ required, 5’ proposed.
Mr. Pietrowicz stated that the current garage is 3-bay with a 6 pitch. He noted that the right side is rotted out and the roof is caving in. Mr. Pietrowicz stated that he would like to attach the structure to the house and go up with a roofline of 12 pitch, add dormers, and make useable space above. He indicated that he is a local business owner and would like to eventually use this space as an office. Mr. Pietrowicz noted that the house has three bedrooms and the septic review shows that the septic is for a four bedroom home. He explained that because the area above the garage has a bathroom, the room is considered a bedroom for sanitation purposes. He noted that the proposed garage will be constructed on the original footprint.
Mr. Pietrowicz stated that the proposed breezeway will be enclosed. Ms. Stone questioned whether the small shed on the property would remain. Mr. Pietrowicz stated that it would remain. Ms. Stone questioned what he would be doing to strengthen the garage to support a second floor. Ms. Pietrowicz stated that he will be removing the existing structure and rebuilding the garage.
Mr. Plaut questioned whether there would be a shower in the bathroom. Mr. Pietrowicz replied that he is planning a shower.
No one present spoke in favor of or against the application. Hearing no further comments, Chairman McQuade called this Public Hearing to a close.
OPEN VOTISING SESSION
1. Case 14-05 A – Appeal of a Cease & Desist Order, 2 Moss Point Trail, Patrick & Diane Looney, applicants.
No action taken. The Public Hearing on this item has been continued to the May 20, 2014, Regular Meeting.
2. Case 14-07 – Old Lyme Country Club, 40 McCurdy Road
Chairman McQuade reviewed the facts of the case. She noted it would be a great improvement.
A motion was made by Mary Stone, seconded by Arthur Sibley and voted unanimously to grant Variance application 14-07 – 40 McCurdy Road, per the plans submitted in order to change the roof line to the existing maintenance shed, as sufficient hardship has been shown, and with the condition that the building must be restored to a much better condition, including the roof.
3. Case 14-08 – Robert K. Janes & Jenelle E. Janes, 60 Grassy Hill Road
No action taken. The Public Hearing on this item has been continued to the May 20, 2014, Regular Meeting.
4. Case 14-09 – Frank J. and Susan W. Cummiskey, 11 Kinner Avenue
Harry Plaut is seated for Chairman McQuade. Acting Chairman Sibley reviewed the facts of the case.
A motion was made by Karen Conniff, seconded by Mary Stone and voted unanimously to grant Variance application 14-09 – 11 Kinner Avenue, per the plans submitted to permit construction of an attached 2-story garage and construction of a 70 s.f. one-story infill addition in the front yard setback. The site plan entitled “Site Plan prepared for Frank J III & Susan W. Cummiskey, 11 Kinner Avenue Old Lyme, Connecticut dated February 20, 2014, sheet 1 of 1 prepared by Hendriks Associates” and Modified Site Plan, Sheet 1 of 3 dated March 7, 2014, Existing & Proposed Floor Plans, Sheet 2 of 3 dated March 7, 2014 and Existing & Proposed Exterior Elevations, Sheet 3 of 3 dated March 7, 2014 prepared by J.W. Huber Architect, LLC, as sufficient hardship has been shown, and with the
following conditions:
1. The Connecticut River Gateway Commission in its letter dated April 8, 2014 stated that “it was determined that the Gateway Commission would likely not oppose the granting of the requested variances because the resulting construction will not be significant in visual impact when compared to existing development and will be visually buffered by the existing structure to a great degree.” The Connecticut River Gateway Commission requests that if granted, a condition be placed to require the retention of the single, large pine tree located off the northwest corner of the structure, if at all possible since it will provide additional visual buffering of the site, especially in the view line of the proposed two-story
garage.
Reasons:
1. The proposal is consistent with the neighborhood.
2. Several neighbors have written in support of the project.
5. Case 14-10 – Adam Pietrowicz, 27 Hillside Road
Chairman McQuade reviewed the facts of the case. She noted that the entire garage will be renovated which is badly needed.
A motion was made by Mary Stone, seconded by Arthur Sibley and voted unanimously to grant Variance application 14-10 – 27 Hillside Road, per the plans submitted in order to change the roof pitch to the garage and add dormers to create a second floor in the garage, as there will be no change in the footprint and sufficient hardship has been shown, and with the condition that the garage be rebuilt according to the Building Code.
ANY NEW OR OLD BUSINESS
Chairman McQuade noted that there are two people interested in the alternate position and both are unaffiliated. Ms. Barrows suggested that Chairman McQuade discuss the situation with the First Selectman.
MINUTES
A motion was made by Mary Stone, seconded by Arthur Sibley and voted unanimously to approve the Minutes of the February 24, 2014 Regular Meeting, as submitted.
ADJOURNMENT
A motion was made by Arthur Sibley, seconded by Mary Stone and voted unanimously to adjourn the April 15, 2014 Regular Meeting at 8:39 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
| 
