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RECORD OF VOTE
OLD LYME ZONING BOARD OF APPEALS
REGULAR MEETING
TUESDAY, FEBRUARY 24, 2015
MEMORIAL TOWN HALL, 52 LYME STREET
OLD LYME, CT - 7:00 P.M.
Present and voting were Art Sibley, Vice Chairman, Kip Kotzan, regular member, Mary Stone, Secretary, Karen Conniff, regular member and Nancy Hutchinson, alternate
Present: Kim Barrows, Clerk
Absent: Judy McQuade, Chairman, Jack Mut, alternate and Harry Plaut, alternate
Case 15-01 A – Appeal of a Cease & Desist Order issued by the Zoning Enforcement Officer dated September 25, 2014 for certain uses not allowed (i.e. barre type exercise, spin bikes, yoga, zumba, acupuncture, personal training and chiropractic services) on property located at 14 Lyme Street (Vitality Spa), Warren Hannas, applicant. CONTINUED TO MARCH 17, 2015
Case 15-07 – Alexander Twining, 13 River Bank Lane
A Motion was made by K. Kotzan, seconded by K. Conniff to GRANT the necessary variances to build as per plans submitted to add the small additions on the property. Discussion: N. Hutchinson stated that the hardship is that it is a very old building that needed to be modernized, it is an unusual piece of property, the additions presented are done very well and have a minimal impact to the property. The CT River Gateway Commission approved the project since the resulting construction will not create any significant visual impact to the riverway scene based upon the small size of the additions in relation to the size of the existing structure to which they will be added. No further discussion and a vote was taken: In favor: A. Sibley, K. Kotzan, M. Stone, K. Conniff, N. Hutchinson In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
Case 15-06 – KCA Realty, LLC, Elizabeth Karter, 4 Joel Road
A Motion was made N. Hutchinson, seconded by K. Kotzan to DENY w/out prejudice and waive only the fee for submission of a future Zoning Board of Appeals application with respect to this particular matter. The reason for the denial is so that the applicant has time for additional work to be done with respect to this matter. Discussion: N. Hutchinson stated that matters could have been dealt with better on both sides; just not knowing that you need a building permit is not enough of an excuse to proceed without one and also not knowing the issues about the flood plain regulations. This is a tough situation, saying you are just under the 50% rule and the experts say you are over and then something changes. K. Kotzan had sympathy towards the situation. M. Stone stated the Board can’t address
the applicant’s treatment throughout this and the Board can’t remedy any unfairness about how the applicant feels. N. Hutchinson stated “what is the hardship for granting the variance”. No further discussion and a vote was taken. In favor: A. Sibley, K. Kotzan, M. Stone, K. Conniff, N. Hutchinson In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
New Business
Election of Officers – TABLED to the March 17, 2015 Regular Meeting
Letter from Mr. Mortimer to the ZBA dated December 26, 2014 requesting an additional one year extension for the variance granted for 26 Seaview Road, previous extension due to expire February 19, 2015.
A Motion was made by K. Kotzan, seconded by N. Hutchinson to DENY the request for an extension of time. Discussion: Board felt the previous extension for three years was sufficient. No further discussion and a vote was taken. In favor: A. Sibley, K. Kotzan, M. Stone, K. Conniff, N. Hutchinson In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
Minutes
A Motion was made by M. Stone, seconded by K. Kotzan to APPROVE the Minutes of the January 20, 2015 Regular Meeting with the following corrections: page 2- half way down “Mr. Brown stated that on the Hartford Avenue side”, it should be “Swan Avenue side”; page 10 – 4th line down, it says “stressing class”, it should be “stretching class”; page 11 – 2nd line from the bottom, “Clara” should be “Sarah” and page 15 – half way down, it states “driveway is impervious”, it should be “pervious”. No further discussion and a vote was taken: In favor: A. Sibley, K. Kotzan, M. Stone In opposition: None Abstaining: K. Conniff, N. Hutchinson The motion passed. 3-0-2
Adjournment
A Motion was made by K. Kotzan, seconded by K. Conniff to adjourn the February 24, 2015 Meeting [rescheduled from Regular Meeting of February 17, 2015 due to inclement weather]; no discussion and a vote was taken. The motion to adjourn passed unanimously. 5-0-0 The meeting adjourned at 9:15 p.m.
Art Sibley, Acting Chairman
The next Regular Meeting will be held on Tuesday, March 17, 2015
at 7:00 p.m. in the Mezzanine Conference Room at the Town Hall.
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