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Zoning Board of Appeals Record of Vote 07/21/2015
RECORD OF VOTE
OLD LYME ZONING BOARD OF APPEALS
REGULAR MEETING
TUESDAY, JULY 21, 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, Mary Stone, Secretary, Kip Kotzan, regular member and Nancy Hutchinson, alternate

Present:  Harry Plaut, alternate and Keith Rosenfeld, Land Use Coordinator

Absent:  Karen Conniff, regular member

Case 15-20 – Harry S. Plaut, 53 Breen Avenue

A Motion was made by K. Kotzan, seconded by M. Stone to DENY without prejudice the variances requested for 53 Breen Avenue (plans dated June 26, 2015).  An A-2 survey must be submitted with the next variance application. 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

Reasons for denial:  The plans submitted violate intentions of regulations the applicant seeks to vary; proposed house is larger and taller than strictly necessary to overcome hardship and achieve a reasonable use of the property and property could be made FEMA compliant if built smaller.

Case 15-22 – Ernest & Sandra Perlini, 37 Ridgewood Road

A Motion was made by K. Kotzan, seconded by M. Stone to CONTINUE the Public Hearing on 37 Ridgewood Road, Perlini to the September 15, 2015 Regular Meeting at 7:00 p.m., Mezzanine Conference Room, 52 Lyme Street.  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 15-23 – Joanne Centola, 70 Grassy Hill Road

A Motion was made by M. Stone, seconded by N. Hutchinson to GRANT the necessary variances to build as per plans submitted which are dated April 21, 2015 to allow construction of a third bedroom to a prior approved three bedroom dwelling (one prior bedroom converted to a den), with the proposed addition on the second floor of the east side of the dwelling house.  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

Reasons for granting:   The varying of the regulations does not violate the intent of the regulations; the hardship is that there is no other way to achieve replacement of third bedroom on a legal sized lot and the height does not exceed the legal limit.

Case 15-24 – Graybill Properties, LLC, 151 Boston Post Road

A Motion was made by K. Kotzan, seconded by J. McQuade to GRANT the necessary variances to build as per plans submitted to demolish existing restaurant building, retain the mixed use building on the east side of the property and construct a new mixed use building in the vicinity of the existing restaurant building.  The new building will be approximately 7,038 s.f. and will include a restaurant and retail/office space on the ground floor and office space on the second floor.  The front setback increases from 21.3’ to 47.7’ (60’ required).  Parking to remain in front but landscaping will be added to reduce the existing non-conformity.  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

Reasons for granting:  The proposed plans lessen existing nonconformity of building setback; new building sustains and improves the character of this commercial and residential district; proposed plan reduces lot coverage to conformity and neighbors most affected unanimously spoke in favor of the project.  

Minutes

A Motion was made by M. Stone, seconded by K. Kotzan to Approve the April 21, 2015 Minutes as submitted.  No discussion and a vote was taken.  In favor:  A. Sibley, K. Kotzan, M. Stone   Opposed:  None   Abstaining:  None  The Motion passed unanimously.  3-0-0

A Motion was made by K. Kotzan, seconded by A. Sibley to Approve the May 19, 2015 Minutes with the following corrections which are in bold:   Page 3 second to last paragraph, second to last sentence: Karen Conniff questioned whether the other neighbors have rights to the right of way.  Page 6 second to last paragraph, last sentence: Nancy Hutchinson agreed and noted that the applicant cannot move forward without a decision by the board.~ Page 7 Case 15-15, first paragraph, last sentence:  Mr. Kotzan stated that it was inferred that the second floor area could be used for sleeping, and noted that the second floor was not designated as living space on the tax records.  Page 8 first sentence: ~Ms. Hutchinson stated that this is a reasonable request to fix an odd configuration and a safety and health issue due to the water problem.  No further discussion and a vote was taken.  In favor:  A. Sibley, K. Kotzan, N. Hutchinson  Opposed:  None   Abstaining:  None  The Motion passed unanimously.  3-0-0

Minutes of the June 16, 2015 Meeting were TABLED to the September 15, 2015 Regular Meeting.

Adjournment

A Motion was made by M. Stone, seconded by K. Kotzan to adjourn the July 21, 2015 Meeting.  No further discussion and a vote was taken.  The motion to adjourn passed unanimously.  5-0-0    The meeting adjourned at 11:04 p.m.        

                                                Judy McQuade, Chairman  

          
                           No August Meeting/Next Meeting September 15, 2015 at 7:00 p.m.