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RECORD OF VOTE
OLD LYME ZONING BOARD OF APPEALS
REGULAR MEETING
TUESDAY, MAY 20, 2014
MEMORIAL TOWN HALL, 52 LYME STREET
OLD LYME, CT - 7:30 P.M.
Present and voting were Judy McQuade, Chairman, Mary Stone, Secretary, Art Sibley, Vice Chairman, Kip Kotzan, regular member, Karen Conniff, regular member
Present: Harry Plaut, alternate (seated for Case 14-05-A and Case 14-08), Nancy Hutchinson, alternate and Kim Barrows, Clerk
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 K. Conniff to UPHOLD THE CEASE & DESIST ORDER ISSUED BY THE ZONING ENFORCEMENT OFFICER dated January 17, 2014 with respect to the appeal of 2 Moss Point Trail, Patrick and Diane Looney for maintaining a junkyard and storing rubbish, machinery, trash, refuse, debris and/or junk motor vehicles in violation of Sections 6.1.2, 6.1.5 and 6.1.24 of the Zoning Regulations for the following reason: the Cease & Desist Order was issued correctly since all of the listed violations exist. No discussion and a vote was taken: In favor: J. McQuade, A. Sibley, K. Kotzan, K. Conniff, H. Plaut In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
Case 14-08 – Robert K. Janes & Jenelle E. Janes, 60 Grassy Hill Road
A Motion was made by A. Sibley, seconded by H. Plaut to GRANT Variance application 14-08 – 60 Grassy Hill Road, per the plans submitted and in accordance with the Property Survey entitled “Property Line Survey/Site Plan prepared for ROBERT & JENELL JANES #60 Grassy Hill Road Old Lyme, Connecticut, sheet 1 0f 1 prepared by Hendriks Associates dated February 10, 2014” and plans prepared by Nina Cuccio Peck, Architect. The reasons to grant are as follows: proposal has been approved by the Health Department; the variance in height will allow the basement to be above the water table; cesspool will be removed and a new septic system will be installed which will benefit the area; the new structure will be centrally placed within the buildable area and the existing structure is in
ill-repair, so replacement is necessary. No further discussion and a vote was taken: In favor: J. McQuade, A. Sibley, M. Stone, K. Conniff, H. Plaut In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
Case 14-11 – Betsy P. Grant, Trustee, 9 Lake Drive
A Motion was made by M. Stone, seconded by K. Conniff to GRANT Variance application 14-11 – 9 Lake Drive, per the plans submitted and in accordance with the plan entitled “Site Plan prepared for Betsy P. Grant, Trustee 9 Lake Drive – Map 66 Lot 151 Old Lyme, Connecticut date February 21, 2014, sheet 1 of 1 prepared by Indigo Land Design” and Plans entitled “Project Overview detached garage Tom & Betsy Grant 9 Lake Drive Old Lyme CT dated March 19, 2014 Sheet P-1 and Sheet P-2 prepared by Sapia Builders Corp.” Discussion: four neighbors were in favor of the application; K. Kotzan though it was gray, realized that there was already a one car garage attached to the house and also felt it is a siting issue. M. Stone felt the structure could be smaller to not be so
close to the lot line. It is a large structure that would have an impact on the road. The height of the garage is 20’6” and the garage is 24’ x 26’. A smaller structure should be proposed. No further discussion and a vote was taken: In favor: None In opposition: J. McQuade, M. Stone, A. Sibley, K. Conniff, Kip Kotzan Abstaining: None The motion failed to pass. 0-5-0
A Motion was made by K. Kotzan, seconded by A. Sibley to DENY w/out prejudice Variance application 14-11 – 9 Lake Drive. Reasons to deny: too large a structure so close to the road; too large a variation to the regulation was requested; the property already has a one-car garage and a smaller structure would still allow the owners reasonable use of a garage for storage of a boat or vehicle or other goods. No further discussion and a vote was taken: In favor: J. McQuade, M. Stone, A. Sibley, K. Conniff, Kip Kotzan In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
Case 14-12 – Kathryn Costelloe, 35 Brightwater Road
A Motion was made by K. Conniff, seconded by A. Sibley to GRANT Variance application 14-12 – 35 Brightwater Road, per the plan submitted at the Public Hearing on May 20, 2014 showing the distances and locations of the generator and the condenser. The hardship stated to grant the variance is the position of existing buildings on the lot which leaves no alternatives for placement of the generator and the condenser. No discussion and a vote was taken: In favor: J. McQuade, M. Stone, A. Sibley, K. Conniff, Kip Kotzan In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
Case 14-13 – Samuel H. Havens, 24 West End Drive
A Motion was made by K. Conniff, seconded by M. Stone to CONTINUE the public hearing to June 17, 2014 in order to seek legal counsel regarding the Zoning Regulations and the granting of the variance. No discussion and a vote was taken: In favor: J. McQuade, M. Stone, A. Sibley, K. Conniff, Kip Kotzan In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
Minutes
A Motion was made by J. McQuade, seconded by M. Stone to approve the Minutes of the March 18, 2014 Regular Meeting with the following correction: page 7, half way down the page it should read “She indicated that the use in that building is different from [not than] the use at the Chocolate Shell. Attorney Knapp stated an operation had to exist legally in the building to be considered grandfathered [missing word] and Nightingales did not operate legally.” No further discussion and a vote was taken: In favor: J. McQuade, M. Stone, A. Sibley, K. Conniff, Kip Kotzan In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
A Motion was made by J. McQuade, seconded by M. Stone to approve the Minutes of the March 25, 2014 Regular Meeting, as submitted. No discussion and a vote was taken: In favor: J. McQuade, M. Stone, A. Sibley, K. Conniff, Kip Kotzan In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
Adjournment
A Motion was made by M. Stone, seconded by A. Sibley to adjourn the May 20, 2014 Regular Meeting; no discussion and a vote was taken. The motion to adjourn passed unanimously. 5-0-0 The meeting adjourned at 10:40 p.m.
Judy McQuade, Chairman
The next Regular Meeting will be held on Tuesday, June 17, 2014
at 7:30 p.m. at the Town Hall
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