UNAPPROVED MINUTES
ZONING BOARD OF APPEALS –~REGULAR MEETING
TUESDAY, JULY 17, 2018 -~7:00 P.M.
MEZZANINE CONFERENCE ROOM
MEMORIAL TOWN HALL, 52 LYME STREET, OLD LYME, CT
I.~~~~~~Meeting called to order at 7:00 PM
II.~~~~~Roll Call
Present:~Nancy Hutchinson (Chair), Kip Kotzan (Vice Chair), Marisa Hartmann (Secretary), Dan Montano, and Alternates Stephanie Mickle, Tom Schellens and Stephen Dix.
III.~~~~Continued Public Hearing
Case 18-06 – Philip Orenstein, 8 Jericho Drive,~requests variances to allow a 24’ x 28’ garage on the right side of the home at the top of the driveway.
Voting on this case will be N. Hutchinson, K. Kotzan, Stephanie Mickle, Tom Schellens and Stephen Dix, as they were present for the opening of public hearing at the June ZBA meeting.
The Chair introduced this case as one that was continued from the June ZBA meeting at the request of the applicant, to allow the applicant to submit a revised plan based on Board feedback. On July 6, 2018 the applicant submitted a revised Plot Plan dated July 2, 2018 showing a new location for the proposed detached 2-car garage.
Mr. Orenstein reintroduced himself to the Board and noted that after receiving guidance from the Board at the June ZBA meeting he requested a continuance of the Public Hearing and went back to the drawing board and submitted a revised plan. In his revised plan he moved the proposed 2-car garage 10 feet closer to the house and attached a portion of the garage to the house, with the overlap extending 4 feet to allow an entrance to the garage from the existing structure. Also revised with be the pitch of the roof to match the pitch of the roof on the other side of the house, to look balanced.
He noted that moving the garage further back towards the rear of the house would increase the garage’s encroachment into the side setback due to the angle of the home on the property, and moving it forward towards the street would bring it forward of the house, which he felt would be unacceptable based on what he has read. He felt the revised location of the garage was the best location based on the constraints of his property, to minimize encroachment into the side setback, and to look visually pleasing and integrated with the rest of the house.
S. Dix asked several questions about proposed changes to the garage structure and orientation. The applicant said that in working with his architect the only difference from the structural drawings submitted to the Board would be the roof pitch to match the existing roof pitch on the other side of the house. In response to other Board questions, he stated he was not concerned about drainage because he will be adding gutters; he is happy with the proposed new location and he cannot move the existing shed that is in the setback without tearing it down and rebuilding to reduce that non-conformity. He noted that in support of this project he has removed a carport, which reduces a non-conformity. He also reviewed hardships of his land being location of the septic system, the steep drop-off in the rear
of his property; and noted that their have been no issues raised by his neighbors. He also spoke with his neighbor Greg Simons, who indicated that he had no issue, and has not appeared to raise any objections. Ms. Mickle also noted that the proposed encroachment in the side set-back is very far from his neighbor’s house. K. Kotzan also noted that in this day and age having a 2-car garage is a reasonable use of the property, and this appears to be the best location in light of the hardships described. The applicant noted that he will have the added expense of moving electrical lines to accommodate this location.
It was discussed that the maximum encroachment into the side setback is now less than 6 feet at the farthest corner, and all other corners of the garage are compliant, and outside of the side setback. N. Hutchinson reviewed that the new information provided by the applicant that the new location significantly reduces the encroachment into the side setback; the garage can’t be located on the other side of the house due to location of the septic system; it can’t be located in the back yard due to the steep drop-off of the property, and it can’t be slid further back along the house without increasing the encroachment into the side setback.
S. Dix expressed concern about the change in drainage, specifically the potential for water to be diverted from two roofs onto the driveway and then into the street. The applicant noted that he would seek to appropriately manage the water drainage as he wouldn’t want a sheet of ice on his driveway in the winter and could divert the water towards the side woodlot. He also noted that there will work done to modify the driveway to accommodate the new garage location, and that would allow the drainage management to happen, along with the work associated with installing underground electrical.
The Chair opened the hearing to public comment, and no one was present to speak for or against.
A~Motion~was made by K. Kotzan, seconded by T, Schellens, to~CLOSE~the Public Hearing for Case 18-06 – Philip Orenstein, 8 Jericho Drive.
Voting in favor N. Hutchinson, K. Kotzan, Stephanie Mickle, Tom Schellens and Stephen Dix; Opposed:~None; Abstaining:~~None. The motion passed unanimously: 5-0-0.
IV.~ Open Voting Session
Case 18-06 – Philip Orenstein, 8 Jericho Drive,~requests variances to allow a 24’ x 28’ garage on the right side of the home at the top of the driveway.
The chair requested discussion of the evidence presented supporting an unusual and unnecessary hardship, any reduction in non-conformity, that the variance requested is the minimum needed and in harmony with the intent and purpose of zoning regulations.
K. Kotzan stated he felt this was a classic case of an unnecessary hardship; the proposed new location is the only sane place to put the garage, which is a reasonable modern use of the property; the applicant is requesting the minimum variance needed; and there is no adverse impact on the intent of the zoning regulation for this regulation (side set-back) which is to keep properties from crowding each other and which is not the case here. T. Schellens also highlighted that this project involves the removal of one non-conforming structure (carport) and replaces with a less non-conforming structure. K. Kotzan also reviewed the hardships with the land (septic system location, steep drop off in the rear), and the location of the existing dwelling on the property.
With respect to addressing the concern raised about drainage, T. Schellens suggested that since that is not the purview of the ZBA that one condition may be that the building inspector consider the need for a French drain or some other device to mitigate the potential for added run-off down the driveway and into the street because the applicant is significantly increasing the rain collection in that area due to increased roof area.
A~Motion~was made by K. Kotzan, seconded by S. Mickle, to~GRANT with condition the requested variance to Section 8.8.9 (side set-back) to allow construction of a new 2-car garage at the top of the driveway as per the Plot Plan dated July 2, 2018 and per structure drawings dated April 4, 2018 and stamped/signed by the ZBA Chair at this meeting. The condition is that the Building Inspector consider whether a French drain or other device is needed to divert water drainage away from the street due to additional roof run-off.
Voting in favor:~N. Hutchinson, K. Kotzan, Stephanie Mickle, Tom Schellens and Stephen Dix; Opposed:~~None; Abstaining:~~None. The motion passed unanimously: 5-0-0.
The Reasons for GRANTING:
- Reduction in non-conformity by the removing of car port.
- Does not offend the intent of the regulation requested for variance (side set-back).
- The addition of a 2-car garage is a reasonable modern use of the property.
- Hardship of the land due to location of septic system, drop-off of property (topography), and location of existing dwelling on the lot.
V.~~~~~~Regular Meeting
T. Schellens needed to leave the meeting early and was replaced by M. Hartman, Secretary, as voting member.
- New Business – None
- Old Business – Discuss proposed Variance and ZBA process improvements
The Chair noted that this discussion would touch upon potential legal issues prior to legal review as well as consideration of staff performance, so would be more appropriate for discussion during an executive session.
A~Motion~was made by S. Mickle, seconded by K. Kotzan to go into executive session to discuss the proposed Variance and ZBA process improvements as they may have potential legal implications and potential performance discussions.
Voting~In favor: N. Hutchinson, K. Kotzan, Stephanie Mickle, Stephen Dix, and M. Hartmann;
Opposed: None; Abstaining: None.~ The Motion passed unanimously: 5-0-0.
Executive session was entered at 7:45 PM and closed at 8:48 PM.
- Correspondence and Announcements – None
- Meeting Minutes – ZBA Regular Meeting Minutes – June 15, 2018
S. Dix said he noticed that a section of the minutes from page 1 was repeated on the bottom of page 2 and the top of page 3 and should be removed. All agreed.
A~Motion~was made by K. Kotzan, seconded by S. Mickel to~Approve~the Minutes of the ZBA Regular Meeting June 15, 2018 with the recommended amendment: removal of the redundant section from pages 2-3.
The redundant text to be removed starts on page 2 with the sentence: “N. Hutchinson confirmed for the record…” until “…to retain the existing patio” on page 3. The minutes then continue with “Ms. Hutchinson also noted a new plot plan dated May 29, 2018 was submitted with the new variance application.”
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Voting~In favor: N. Hutchinson, K. Kotzan, Stephanie Mickle, and Stephen Dix: Opposed: ~None; Abstaining: M. Hartmann.~ The Motion passed: 4-0-1.
VI.~~~~~Adjournment
A~Motion~was made by K. Kotzan, seconded by M. Hartmann, to adjourn the JULY 17, 2018 Regular Meeting.
Voting in favor:~N. Hutchinson, K. Kotzan, Stephanie Mickle, Stephen Dix, and M. Hartmann; Opposed:~~None; Abstaining:~~None. The motion passed unanimously: 5-0-0.
The meeting was adjourned at 8:52 PM.
Respectfully submitted, Nancy Hutchinson
Next regularly scheduled ZBA Meeting is on Tuesday, September 18, 2018 at 7:00 PM in the Mezzanine Conference Room, Town Hall, at 52 Lyme Street, Old Lyme, CT.
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