OLD LYME ZONING BOARD OF APPEALS
REGULAR MEETING
Tuesday, April 21, 2015
The Old Lyme Zoning Board of Appeals held a Regular Meeting on Tuesday, April 21, 2015, at 7:00 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were Art Sibley, Vice Chairman, Kip Kotzan, Regular Member, Mary Stone, Secretary, Karen Conniff, Regular Member and Jack Mut, Alternate.
Also present was Keith Rosenfeld, Land Use Coordinator
Vice Chairman Sibley called the meeting to order at 7:00 p.m.
PUBLIC HEARINGS
1. Case 15-08 – Ernest & Sandra Perlini, 37 Ridgewood Road, variance to construct a first floor addition over an existing deck.
Jerry Karpuska stated that Attorney Michael Cronin is not available this evening so he is asking that the hearing be continued to the May Regular Meeting. Mr. Rosenfeld asked Mr. Karpuska to sign a written request for an extension.
A motion was made by Kip Kotzan, seconded by Karen Conniff and voted unanimously to continue the public hearing on 37 Ridgewood Road to the next regular meeting scheduled for May 19, 2015.
2. Case 15-10 – Susan Bacarella, 50 Billow Road, variance to allow construction of a 10’ x 40’ front porch, expansion of an existing bedroom and repair of garage structure.
Kevin Gallagher, general contractor, was present to represent the applicant. He noted that he homeowner decided to remove her request for the front porch because of the ground cover issue. He noted that this public hearing was continued from the March meeting. Mr. Gallagher noted that they will be keeping the roof line at the existing height. He noted that the proposal for the garage will remain the same.
Mr. Sibley stated that he thinks the proposal looks much better.
Mr. Kotzan stated that on a small lot it is hard to ask the Board to exceed coverage. He indicated that this proposal is much better. Mr. Kotzan stated that they might condition the approval on the review of final plans.
Ms. Stone stated that what is proposed for the garage expansion does not appear to have a hardship. Kevin Gallagher stated that at the current time the homeowner does not have room for both storage and their cars in the garage. He noted that they would like to get their cars off the street and have the second floor of the garage for storage. Mr. Gallagher noted that the garage is 12’ x 20’.
No one present spoke in favor of or against the application. Hearing no further comments, Vice Chairman Sibley called this Public Hearing to a close.
3. Case 15-11 – Jeremiah J. Grady, 40 Billow Road, variance to construct a two-car garage.
Jerry Karpuska stated that the owner was before the Board six months ago and was denied a variance. He showed the original proposal. Mr. Karpuska explained that the proposal is to construct a two-car garage. He noted that the original proposed garage was to be 3’ from the side property line and it is now proposed 5 feet from the side property line. Mr. Karpuska noted that they are setting the garage back to keep it in line with the other garages in the neighborhood as well as to protect the large tree. He noted that the garage is 15 feet in height. He explained that there will be 3 or 4 feet above for storage. Mr. Karpuska stated that the coverage will be 23%. He noted that the variances are required for setback only. Ms. Conniff questioned whether the homeowner considered
attaching the garage to the house like some others in the neighborhood. Mr. Karpuska noted that there is one a few doors down but he noted that 99 percent of the garages are toward the rear of the property. He noted that by putting it in the back corner it does not stick out.
Ms. Stone questioned whether the current driveway will be removed when the new driveway is installed. Mr. Karpuska indicated that it would be removed.
Mr. Karpuska asked that the letters from neighbors in favor of the proposal from the last hearing be made part of this record.
Ms. Stone suggested that the garage be moved forward a little bit to lessen the amount of variances required. Mr. Karpuska stated that he could move the garage two feet forward and make the variance required 5’ for the rear property line.
No one present spoke in favor of the application. Hearing no further comments Vice Chairman Sibley called this public hearing to a close.
4. Case 15-12 – Craig & Colleen Pernerewski, 32 Hillcrest Road, variance to allow construction of two window dormers, front of the second floor roof.
Craig Pernerewski stated that the purpose of the dormer windows is emergency egress. He noted that he has a letter from Mr. Roberge, Fire Marshal, indicating that he likes the idea and the proposed windows meet egress regulations. Mr. Pernerewski stated that he does not have exact dimensions of the dormers.
Ms. Stone stated that the Board needs dimensions on a drawing that they can approve. She suggested that they could continue the hearing until the applicant has a dimension of the dormer.
Mr. Rosenfeld stated that the addition of dormers is purely to allow for an egress out of the second floor.
No one present spoke in favor of or against the application. Hearing no further comments, Vice Chairman Sibley called this Public Hearing to a close.
OPEN VOTING SESSION
1. Case 15-08 – Ernst & Sandra Perlini, 37 Ridgewood Road
No action taken. The Public Hearing for this item has been continued to the May Regular Meeting.
2. Case 15-10 – Susan Bacarella, 50 Billow Road
Vice Chairman Sibley reviewed the facts of the case and noted that the Board should ask, as a condition of approval, for dimensioned building plans for both the house and the garage.
Ms. Stone stated that she is glad the applicant withdrew the porch but she questions the expansion of the garage. She acknowledged that the second floor of the house is in need of repair.
Mr. Sibley stated that the applicant is in need of storage and the Board has granted variances to accommodate this in the past.
Mr. Kotzan agreed and noted that the basement is deficient and it is likely that additional storage is needed. Ms. Conniff stated that she has been inside the house and there is no area for storage.
A motion was made by Kip Kotzan, seconded by Jack Mut and voted unanimously to grant the necessary variances for 50 Billow Road as per the plans submitted with the following conditions: The actual dimensioned building plans for the house and garage must be reviewed by the Zoning Enforcement Officer to confirm conformity to illustration “Exhibit A” in the file and the garage shall not be used for living space.
Reasons: Proposed structure is in harmony with the neighborhood and provides a modern amenity for storage.
3. Case 15-11 – Jeremiah J. Grady, 40 Billow Road
Ms. Stone stated that the applicant agreed to increase the rear setback to 5’. She also suggested that there be no living area in the garage. Mr. Kotzan stated that the Board looks at a garage as a modern use of the property and they like to accommodate when it is in harmony with the neighborhood.
A motion was made by Mary Stone, seconded by Kip Kotzan and voted unanimously to grant the necessary variances for 40 Billow Road as per the plans submitted, with the following conditions: the rear setback is increased from 2’ to 5’ as per “Exhibit A” in the file and the garage shall never be used for living space.
Reasons to grant: A garage is a modern use of the property and the location of the garage does not offend neighbors.
4. Case 15-12 – Craig & Colleen Pernerewski, 32 Hillcrest Road
Mr. Mut stated that these dormers must be allowed to meet fire code. Mr. Sibley agreed and noted the letter from the Fire Marshal. He noted that the size of the windows has been specified.
A motion was made by Kip Kotzan, seconded by Jack Mut and voted unanimously to grant the necessary variances for 32 Hillcrest Road as per the plans submitted with the following conditions: dimensioned drawings will be reviewed by the Zoning Enforcement Officer to ensure that they match the intent of the proposal described at the meeting, i.e. windows for second floor egress.
New Business
Election of Officers
A motion was made by Kip Kotzan, seconded by Jack Mut and voted unanimously to postpone the election of officers until the May 19, 2015 Regular Meeting.
Minutes
A motion was made by Kip Kotzan, seconded by Karen Conniff and voted unanimously to approve the February 17, 2015 Minutes with the following corrections provided by N. Hutchinson: Page 3, first paragraph, 4th sentence: Replace: “Ms. Hutchinson agreed that she should not have to be here in the first place. She”… with: Ms. Hutchinson said that Ms. Karter needs to discuss that issue with the Building Official, as he is the building expert, not the ZBA. Ms Karter…; Second paragraph, first sentence: Ms. Karter said…; 4th sentence: Ms. Stone stated
that she would feel better about granting the variance if Ms. Karter provided a letter….; Page 5, Case 15-07: end of paragraph: Mr. Kotzan agreed and felt a hardship was the fact that nearly the entire house was within the 100’ setback from the river. Case 15-06:…. is not an excuse to proceed without a building permit. Second paragraph, second sentence: “one” refers to a building a “building permit”.
A motion was made by Kip Kotzan, seconded by Mary Stone and voted unanimously to approve the March 17, 2015 Minutes as submitted.
Adjournment
The meeting adjourned at 8:01 p.m. on a motion by Kip Kotzan and seconded by Jack Mut; so voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
| 
