RECORD OF VOTE
OLD LYME ZONING BOARD OF APPEALS
REGULAR MEETING
TUESDAY, NOVEMBER 18, 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, Mary Stone, Secretary and Karen Conniff, regular member
Present: Jack Mut, alternate and Keith Rosenfeld, Land Use Coordinator
Absent: Nancy Hutchinson, alternate and Harry Plaut, alternate
Case 14-19 – Scott & Kathleen Boulanger, 73 Portland Avenue
A Motion was made by K. Kotzan, seconded by A. Sibley to DENY the variances to permit a public parking lot at 73 Portland Avenue per the plans submitted. The variances are denied because of the intent of the Soundview Village District Commission to reduce parking expansion for reasons of congestion and safety. The proposal is not within the intent of Planning or Zoning. The lot can still be used for parking but not paid parking. No discussion and a vote was taken: In favor: A. Sibley, J. McQuade, K. Kotzan, M. Stone, K. Conniff In opposition: Abstaining: None The motion passed unanimously. 5-0-0
Case 14-27C – Roseanne & Richard Tynan, 68 Sea View Road
A Motion was made by K. Kotzan, seconded by A. Sibley to GRANT the necessary variances as per plans submitted for the following reasons: that it will be a code compliant structure that meets FEMA regulations and has not changed in any way except for a slight diminishment of the footprint due to the removal of impervious surfaces. 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. No further discussion and a vote was taken: In favor: A. Sibley, J. McQuade, K. Kotzan, M. Stone, K. Conniff In opposition: Abstaining: None The motion passed unanimously. 5-0-0
Reasons to grant: the proposal minimizes neighborhood impact while meeting FEMA and building codes. There is a decrease in impervious areas of coverage.
Case 14-28 – Marisa Hartman, 5 Cord Grass Lane
A Motion was made by M. Stone, seconded by K. Conniff to GRANT the necessary variances to allow the shed with the condition that the shed will never be used for anything but storage, no human occupancy. The hardship is the topography and dimensions of the lot. No further discussion and a vote was taken: In favor: A. Sibley, J. McQuade, K. Kotzan, M. Stone, K. Conniff In opposition: Abstaining: None The motion passed unanimously. 5-0-0
Case 14-29 – Salvatore & Carol Cancelliere, 59 Center Beach Avenue
A Motion was made by K. Kotzan, seconded by A. Sibley to GRANT the necessary variances to build a shed/garage as per the plans submitted. The reasons for granting the variances are that it is a minimal intrusion; it is also replacing a structure that is already there and decrepit looking. There was a letter in support and two neighbors in favor speaking at the public hearing. No further discussion and a vote was taken: In favor: A. Sibley, J. McQuade, K. Kotzan, M. Stone, K. Conniff In opposition: Abstaining: None The motion passed unanimously. 5-0-0
Reasons to grant: Placement of garage/shed was approved by the Sanitarian with respect to the location of the septic system. Minimal intrusion which will help organize and add value to the property and since the lot is so narrow and based on the location of the septic system placement of shed in any area would intrude into a setback.
New Business
A Motion was made by K. Conniff, seconded by M. Stone to APPROVE the 2015 Zoning Board of Appeals Meeting Schedule with the new time of 7:00 p.m. No discussion and a vote was taken. In favor: J. McQuade, A. Sibley, K. Kotzan, K Conniff, M. Stone Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Minutes
A Motion was made by K. Kotzan, seconded by A. Sibley to APPROVE the Minutes of the October 21, 2014 Regular Meeting with the following corrections: page 2, item number 3 refers to Chairman Cable, should be Chairman McQuade; page 5, second
paragraph regarding Umars – “He noted that there are always . . .” should be “He noted that there are already”; page 5 under Case 14-23 reads “Chairman McQuade noted that the applicant is reducing many of the existing variances.”, it should read “Chairman McQuade noted that the applicant is reducing many of the existing nonconformities.” No discussion and a vote was taken: In favor: A. Sibley, J. McQuade, K. Kotzan In opposition: Abstaining: K. Conniff, M. Stone The motion passed. 3-0-2
Executive Session
A Motion was made by K. Kotzan, seconded by K. Conniff to go into Executive Session at 10:15 p.m. Those invited into Executive Session were J. McQuade, K. Conniff, A. Sibley, M. Stone, K. Kotzan, J. Mut and K. Rosenfeld. No discussion and a vote was taken. In favor: J. McQuade, A. Sibley, K. Kotzan, K Conniff, M. Stone Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
A Motion was made by K. Kotzan, seconded by K. Conniff to come out of Executive Session at 10:20 p.m. No discussion and a vote was taken. In favor: J. McQuade, A.
Sibley, K. Kotzan, K Conniff, M. Stone Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
A Motion was made by M. Stone, seconded by K. Conniff to not pursue an appeal on the Nixon/Lage v. Old Lyme Zoning Board of Appeals and the Zoning Enforcement Officer decision dated October 31, 2014. No discussion and a vote was taken. In favor: J. McQuade, A. Sibley, K. Kotzan, K Conniff, M. Stone Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Adjournment
A Motion was made by A. Sibley, seconded by K. Kotzan to adjourn the November 18, 2014 Regular Meeting; no discussion and a vote was taken. The motion to adjourn passed unanimously. 5-0-0 The meeting adjourned at 10:22 p.m.
Judy McQuade, Chairman
NO MEETING IN DECEMBER
The next Regular Meeting will be held on Tuesday, January 20, 2015
at 7:30 p.m. at the Town Hall. The ZBA does not meet in August
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