RECORD OF VOTE
OLD LYME ZONING BOARD OF APPEALS
REGULAR MEETING
TUESDAY, MARCH 17, 2015
MEMORIAL TOWN HALL, 52 LYME STREET
OLD LYME, CT - 7:00 P.M.
Present and voting were Judy McQuade, Chairman, Art Sibley, Vice Chairman, Kip Kotzan, regular member, Mary Stone, Secretary, and Nancy Hutchinson, alternate
Present: Kim Barrows, Clerk and Keith Rosenfeld, Land Use Coordinator
Absent: Karen Conniff, regular member, Jack Mut, alternate and Harry Plaut, alternate
Case 15-08 – Ernst & Sandra Perlini, 37 Ridgewood Road
A Motion was made by M. Stone, seconded b y N. Hutchinson to CONTINUE the public hearing on 37 Ridgewood Road to the next regular meeting scheduled for April 21, 2015 to see if the floor area ratio can be reduced. No discussion and a vote was taken. In favor: J. McQuade, A. Sibley, K. Kotzan, M. Stone, N. Hutchinson Opposed: None Abstaining: None The Motion passed unanimously. 5-0-0
Case 15-10 – Susan Bacarella, 50 Billow Road
A Motion was made by M. Stone, seconded b y A. Sibley to CONTINUE the public hearing on 50 Billow Road to the next regular meeting scheduled for April 21, 2015 to have plans presented that show height, setbacks and floor area ratios. No discussion and a vote was taken. In favor: J. McQuade, A. Sibley, K. Kotzan, M. Stone, N. Hutchinson Opposed: None Abstaining: None The Motion passed unanimously. 5-0-0
Case 15-09 – Frances & Donna DeRosa, 32 Brightwater Road
A Motion was made by K. Kotzan, seconded b y A. Sibley to GRANT the necessary variances to place the propane tanks as indicated on the plans submitted. No discussion and a vote was taken. In favor: J. McQuade, A. Sibley, K. Kotzan, M. Stone, N. Hutchinson Opposed: None Abstaining: None The Motion passed unanimously. 5-0-0
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.
A Motion was made by M. Stone, seconded by J. McQuade to NOT UPHOLD the Cease and Desist Order except that any activity must be limited to two people. Discussion: N. Hutchinson stated they should vote on each one. M. Stone does not want to be in the business defining spa activities. No further discussion and a vote was taken. In favor: M. Stone Opposed: J. McQuade, A. Sibley, K. Kotzan, N. Hutchinson Abstaining: None The Motion failed to pass. 1-4-0
Before the vote was taken, Art Sibley left the meeting room leaving only 4 voting members. Kip Kotzan and Nancy Hutchinson stated that this is a straight up vote, do not need four. Usually the applicant is asked whether or not they would like to proceed with four voting members versus five voting members since it takes as stated in What’s 2004 Legally Required?: “The concurring vote of four members of the Board is necessary to sustain an appeal from a zoning enforcement order or decision; to grant any variance, special permit, or special exception; or to decide in favor of the applicant any matter upon which the Board is required to rule under the zoning regulations.”
A Motion was made by J. McQuade, seconded by K. Kotzan to UPHOLD the Zoning Enforcement Officer’s Cease and Desist Order in its entirety with the exception of yoga for which there is evidence that that went on prior to the expansion into the new space. Discussion: N. Hutchinson with a clarification is there another motion to state that the reason they think yoga is not a class activity and is limited to something the Board decides. If previous voted as stated it means that they can have unlimited class sizes for yoga. No further discussion and a vote was taken. In favor: McQuade, K. Kotzan, N. Hutchinson Opposed: M. Stone Abstaining: None The Motion failed to pass. 3-1-0
A Motion was made by N. Hutchinson, seconded by ______ to say that the acceptable yoga activity in the spa setting is a one on one activity, not a class activity because that was not a prior pre-existing use. K. Kotzan wanted three. Further discussion ensued between the remaining Board members. . . . . . . Motion was never seconded.
New Business
Election of Officers – TABLED to the April 21, 2015 Regular Meeting
Minutes
The approval of the Minutes of the February 17, 2015 meeting have been TABLED to the April 21, 2015 Regular Meeting
Adjournment
A Motion was made by K. Kotzan, seconded by J. McQuade to adjourn the March 17, 2015 Meeting. Discussion: K. Kotzan stated the Board needed to seek advice from our attorney about what the consequences of the outcome of this meeting represent. N. Hutchinson wanted to know what the implications are of Art walking out of the meeting. No further discussion and a vote was taken. The motion to adjourn passed unanimously. 4-0-0 The meeting adjourned at 12:20 a.m.
Judy McQuade, Chairman
The next Regular Meeting will be held on Tuesday, April 21, 2015
at 7:00 p.m. in the Mezzanine Conference Room at the Town Hall.
| 
