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RECORD OF VOTE
OLD LYME ZONING BOARD OF APPEALS
REGULAR MEETING
TUESDAY, SEPTEMBER 20, 2016
MEMORIAL TOWN HALL, 52 LYME STREET
OLD LYME, CT - 7:00 P.M.
Present and voting were J. McQuade, Chairman, M. Stone, Secretary, K. Kotzan, N. Hutchinson, alternate and M. Hartmann, alternate
Present: Keith Rosenfeld, Land Use Coordinator
Absent: A. Sibley, K. Conniff and H. Plaut, alternate
Case 16-13C – Richard [Jr. & Sr.] & Michelle Frascarelli, 32 Massachusetts Road
A Motion was made by Nancy Hutchinson and seconded by Kip Kotzan to GRANT with a condition the requested variances to elevate the existing structure to meet FEMA Flood Regulations and Town Flood Regulations [height 33.09’, a variance of 9.09’] and to reconstruct deck and stairs to access the elevated structure, as per the plans submitted: “Sheet CSP-1, Coastal Site Plan dated 6/2/2016”, Architectural Demo Plans dated May 5, 2016 added Addendum 2 – 7/7/16, Sheet A-1.0, Floor Plans dated May 5, 2016,Elevations dated May 5, 2016 added Addendum 2 - 7/7/16, Sheet A-2.0, prepared by Capital Studio Architects and Site Plan, sheet SP-1, dated 6/29/15, revised 5/19/16 submitted for Zoning Compliance Permit, revised 6/14/16 added existing bituminous drive sawcut line and revised and further revised
8/31/16 modified variances, deck location change, prepared by Design Professionals.” The condition is that a maximum latitude of 6” inches from the plans referenced for the placement and elevation of the building is allowed. 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: J. McQuade, M. Stone, K. Kotzan, N. Hutchinson, M. Hartmann In opposition: None Abstaining: None The motion passed unanimously.
Reasons for granting:
- Lot coverage was reduced to make it conforming, visible exterior stairways were reduced from plans previously submitted, height was reduced from plans previously submitted, garage/shed will be eliminated and floor coverage is reduced to a conforming 22.2%
Case 16-15C – James Manafort, Jr., 20-1B Pond Road
A Motion was made by Mary Stone and seconded by Kip Kotzan to GRANT the requested variances as per plans submitted dated May 16, 2016, revised May 20, 2016, May 31, 2016 and August 19, 2016 prepared by Deveaux Architects to increase the building height for the
reconstruction of an existing two story structure elevated to comply with FEMA BFE VE 13 for a new code-complying V-zone foundation, and to allow work within a 50’ coastal shorefront. Accompanying “Site Development Plan Property of James A. Manafort, Jr. 20-1B Pond Road dated July 22, 2016, Scale: 1”=10’ Sheet 1 of 1 prepared by Angus McDonald Gary Sharpe & Associates, Inc.” 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: J. McQuade, M. Stone, K. Kotzan, M. Hartmann, N. Hutchinson Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Reasons for granting:
- Proposal brings structure into FEMA compliance, proposal does not expand building footprint., proposal reduces the number of bedrooms from 4 to 3 and existing non-conformities are not increased, with the exception of the height variance.
Case 16-16 – Diana H. Young, Trustee, 76 Shore Drive
A Motion was made by Mary Stone and seconded by Marisa Hartmann to GRANT with conditions the requested variances as per plans submitted to allow an accessory building [garage 24’ x 24’] on a lot which is not the lot that contains the principal building. Under the Zoning Regulations, accessory buildings must be on the same lot as the principal building. The conditions are: the garage will never be used as living space, 76 Shore Drive and 79 Shore Drive shall be viewed as one lot for zoning purposes and these two properties may not be separated nor sold individually in the future. No further discussion and a vote was taken. In favor: J. McQuade, M. Stone, K. Kotzan, M. Hartmann, N. Hutchinson Opposed: None Abstaining: None
The motion passed unanimously. 5-0-0
Reasons for granting:
- It is a reasonable use of this property, the property on which the house is located is too steep to add a garage and the two properties have been treated as one for 79 years.
Case 16-17 A – Appeal of a ruling of the Zoning Enforcement Officer – 34 Shore Acres, Lacy
A Motion was made by K. Kotzan, seconded by M. Stone to CONTINUE the Public Hearing to the October 18, 2016 Regular Meeting at 7:00 p.m. in the Mezzanine Conference Room, Memorial Town Hall in order to seek input from counsel. No further discussion and a vote was taken. In favor: J. McQuade, M. Stone, K. Kotzan, M. Hartmann, N. Hutchinson Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Case 16-18C – Ronald J. Swaney, 131 Shore Road
A Motion was made by Mary Stone and seconded by Kip Kotzan to GRANT with conditions the requested variances as the per plans submitted [Coastal Site Plan prepared for Ronald J. Swaney 131 Shore Road – Map 43 Lot 2 Old Lyme, Connecticut dated August 2, 2016 CSP-1 Sheet 1 of 3 revised 8/5/16 revisions to PR
Gross Floor area and PR building height, E&S information added, misc., further revised to 8/16/16 revisions per Health Dept comments (Sheet 2 Soil Test Data & Septic Design and Sheet 3 E&S and Construction Details with same revision dates) prepared by Indigo Land Design] to demolish existing structure and construct a new 3-bedroom year-round dwelling which will be FEMA compliant and constructed outside the FEMA VE zone. The conditions are as follows: no mature trees are to be removed from the area bordering the wetlands, both to the south and west or elsewhere on the site where it is not absolutely necessary for construction purposes; the four foot stone wall that is proposed for the wetland side of the development is visually buffered and appellant is to plant vegetation or shrubbery that will grow to hide the stone wall as much as possible and the residential structure itself is visually buffered but that landscaping be planted at its
westward-facing foundation. And also that the neighbor, Mr. Morelli’s existing view easement is to be fully respected. 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: J. McQuade, M. Stone, K. Kotzan, M. Hartmann, N. Hutchinson Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Reasons for granting:
1. The proposal brings structures into FEMA compliance.
2. The proposal reduces building encroachment into tidal and coastal areas.
3. The proposal reduces non-conformity with respect to tidal line and minimum setback.
Regular Meeting
a) New Business – None
b) Old Business – None
c) Minutes – ZBA Regular Meeting July 19, 2016
A Motion was made by Nancy Hutchinson and seconded by Mary Stone to approve the minutes of the July 19, 2016 Regular Meeting with the following corrections: J. McQuade said that on page 8, “Chairman Cable stated…” should be changed to Chairman McQuade stated...” and N. Hutchinson said that on page 4, the first two paragraphs beginning with “Mrs. Stone” should be changed to “Ms. Hutchinson.” No further discussion and a vote was taken. In favor: J. McQuade, M. Stone, K. Kotzan, M. Hartmann, N. Hutchinson Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
d) Correspondence and Announcements – None
Adjournment
A Motion was made by K. Kotzan, seconded by M. Hartmann to adjourn the September 20, 2016 Regular Meeting. No further discussion and a vote was taken. In favor: J. McQuade, M. Stone, K. Kotzan, M. Hartmann, N. Hutchinson Opposed: None Abstaining: None The motion passed unanimously. 5-0-0 The meeting adjourned at 12:00 a.m.
THE NEXT ZBA MEETING IS SCHEDULED FOR TUESDAY, OCTOBER 18, 2016 AT 7:00 P.M. IN THE MEZZANINE CONFERENCE ROOM, MEMORIAL TOWN HALL, 52 LYME STREET
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