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Zoning Board of Appeals Record of Vote 06/17/2014
RECORD OF VOTE
OLD LYME ZONING BOARD OF APPEALS
REGULAR MEETING
TUESDAY, JUNE 17, 2014
MEMORIAL TOWN HALL, 52 LYME STREET
OLD LYME, CT - 7:30 P.M.

Present and voting were Judy McQuade, Chairman, Art Sibley, Vice Chairman, Kip Kotzan, regular member, Karen Conniff, regular member, Harry Plaut, alternate (seated for Case 14-13 Havens)

Present:  Nancy Hutchinson, alternate (seated for Case 14-14 Gotowka) and Kim Barrows, Clerk

Absent: M. Stone, regular member

Case 14-13 – Samuel H. Havens, 24 West End Drive

A Motion was made by K. Kotzan, seconded by A. Sibley to GRANT the necessary variances to build as per plans submitted.  Discussion:  J. McQuade stated the proposal is in keeping with the neighborhood and needed to be improved for safety and livability; H. Plaut stated the majority of the houses that have been changed have not started at the roofline; the size of the house will conform closer to the minimum square foot size of 12,000 s.f.  No further discussion and a vote was taken:  In favor:  J. McQuade, A. Sibley, K. Conniff, Kip Kotzan  In opposition:  H. Plaut   Abstaining:  None   The motion passed. 4-1-0

Reasons to grant:  Existing structure very impractical due to no headroom on second floor, dormers only to increase usability of the two bedrooms on second floor; staircase widened and heightened for safety; not an expansion of use, residential use already exists; height of building doesn’t exceed the 24’ allowed. The Chairman stated that with the granting of the variance for Section 9.1.3, variances are also granted for Sections 8.8.7, 8.8.8 and 8.8.9.

Reason for denial:  H. Plaut stated expansion in floor area and increase in height. The majority of the houses in the area have not changed at the roofline.  Consideration should have been given in the proposal to add the dormers to elevate the house to meet FEMA regulations.

Case 14-14 – Thomas G. & Christina J. Gotowka, 25 Library Lane

A Motion was made by A. Sibley, seconded by K. Conniff to GRANT with conditions the necessary variances that will allow the enclosure of the deck making it a three-season room. The conditions are as follows:  the three-season room can never be made

into year-round living space; no heat to be installed in the room; the exterior of the house shall remain “as is” in the three-season room enclosure, i.e. no sheet rock walls on the existing outside of the structure and there will never be a deck above the three-season structure, it will remain a roof.   No further discussion and a vote was taken:  In favor:  A. Sibley, K. Conniff, Kip Kotzan, N. Hutchinson   In opposition:  J. McQuade   Abstaining:  None   The motion passed. 4-1-0

Reasons to grant:  This proposal is minimal compared to the size of structure that exists; K. Kotzan stated that the porch might remediate the look/size of the existing structure and will make it look better; N. Hutchinson stated that enclosing the deck in would look better than having the open deck; there are no coverage issues.  The conditions will help make sure that the structure will not be overbuilt further. The proposal had neighborhood support.    

Reason for denial:  J. McQuade stated that her reasons for denying the variances are as follows:  the property is totally overbuilt; the applicants already have a very reasonable use of the property; other variances in the past have been granted for the construction of a new structure and then a garage close to the wetlands; this is a case of want versus need and the view from the street is a large imposing structure affecting the streetscape.  Not everyone in Town has an enclosed porch, the house is full of windows.

Minutes

A Motion was made by K. Kotzan, seconded by H. Plaut to approve the Minutes of the May 20, 2014 Regular Meeting with the following corrections:  9 Lake Drive: (Page 5, paragraph 5):  [……..] He noted that Lake Drive is a narrow street and the front yard setback increases to 29’ at one point and 35’ at the other end where the street narrows, and that the proposed new two-car garage would be situated entirely in the setback from the street, 3.5 feet from the property line. […..]; (Page 6, paragraph 2):
Mr. Wren stated that there is currently a one car garage which will remain.  Ms. Hutchinson stated that their proposal appears to have been sensitive to Wetlands, but not to zoning.  Because they propose to construct the new two-car garage only a few feet from a narrow road, she questioned what would happen if the road was widened in the future.  She also pointed out the potential liability if snow plows pushed snow and ice into the garage, causing damage.  Ms. Hutchinson asked whether they had considered adding a one-car garage, since they already have a one-car garage.  Mr. Wren pointed out the Town right-of-way could allow the road to be widened on the other side of the street, away from the applicants’ property, if necessary.  [………………….] Mr. Grant stated that he measured where the snow plows came the past two winters and believes that the new garage would be far enough from the road to avoid damage.
35 Brightwater Road: (Page 6, paragraph 6): […………] He noted that it is 66 decibels (dba), which is quiet, similar to a lawn mower. […………] Mr. Donovan stated that this lot is one of the larger in Old Lyme Shores. 24 West End Drive: (page 9, paragraph 1): [……….] He noted that there are currently two bedrooms on the second floor, and they propose to maintain two bedrooms.  Chairman McQuade questioned the height.  [……..]  No further discussion and a vote was taken:  In favor:  J. McQuade, A. Sibley, K. Conniff, Kip Kotzan, H. Plaut   In opposition:  None   Abstaining:  None   The motion passed unanimously. 5-0-0

Adjournment

A Motion was made by K. Kotzan, seconded by H. Plaut to adjourn the June 17, 2014 Regular Meeting; no discussion and a vote was taken.  The motion to adjourn passed unanimously.  5-0-0    The meeting adjourned at 9:40 p.m.

Judy McQuade, Chairman


The next Regular Meeting will be held on Tuesday, July 15, 2014
at 7:30 p.m. at the Town Hall