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MINUTES OF THE ZONING BOARD OF APPEALS
SPECIAL MEETING
SEPTEMBER 27, 2010
NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Town of Old Lyme at its Special Meeting that was held on Monday, September 27, 2010 at 5:30 p.m. at the Old Lyme Town Hall, 52 Lyme Street heard and decided the following appeals:
The Chairman of the Board, Susanne Stutts, opened the meeting and introduced the Board members who were seated and voting for the meeting.
Present and voting were Susanne Stutts, Chairman, Judy McQuade, Vice Chairman, Kip Kotzan, Secretary, Joseph St. Germain Richard Smith, alternate, seated for Kip Kotzan and Marilyn Ossmann, alternate, seated for Richard Moll
Present: Kim Barrows, Clerk
Absent: Kip Kotzan, Richard Moll and Fran Sadowski, alternate
The meeting was then called to order at 7:35 p.m.
The following public hearings were conducted, as well as the voting session. The meeting has been recorded on tape and the following actions were taken:
VOTING SESSION:
Case 10-09 John Maloney, 19 Saltaire Drive
S. Stutts stated that this is a request for variances to allow the kitchen to move to the existing garage and renovate existing bathroom in garage. The existing nonconformities Section 8.8.1, minimum lot area of 10,000 sq. feet required, 8,000 sq. feet existing, Section 8.8.2, minimum lot area for each dwelling unit 10,000 sq. feet required, 8,000 sq. feet existing, Section 8.8.7, minimum setback from street line, Section 8.8.8, minimum setback from rear property line and Section 8.8.9, minimum setback from other property line. The proposal does not comply with Section 8.0.c (Yards and Lot Coverage) and Section 9.1.3.1 (General Rule).
The original permit granted the roof, but denied the garage expansion to kitchen. S. Stutts states that their hardship is that the existing garage is unusable as a garage. The existing house is 1,360 square feet with three bedrooms, they have public water and their garage is 10’ wide and 24’ deep with a garage in the back corner. Are there conditions that affect the land, is this hardship unique. The Board discussed how applicants can sometimes go to the Zoning Commission and obtain a Special Permit with a nonconforming lot under Section 9.1.3 of the Zoning Regulations, it is because the applicants are reducing their nonconformities. The Board discussed why the applicant could not knock down the existing garage since it is so close to the property line and put an addition to the rear or
the other side. J. McQuade asked that if the variances were granted, could a condition be placed on the variance, i.e. no increase in number of bedrooms, or no further expansion of living space. The expansion of the house will remain on the same footprint and the kitchen space will, on the outside, look like a garage as it does now. The house is a seasonal dwelling.
A Motion was made by J. McQuade, seconded by M. Ossmann to GRANT w/condition the necessary variances to allow the kitchen to move to the existing garage and renovate/update the existing kitchen and bathroom. The condition is that there be no increase in the number of bedrooms, bedrooms to remain three (3). The proposal is not against the intent of zoning, it is extending the use of the house they have now, not increasing the use. It is a reasonable request to make the house much more livable without changing the footprint or asking for any change in setbacks. No further discussion and a vote was taken. In favor: S. Stutts, J. McQuade, J. St. Germain, R. Smith, M. Ossmann In opposition: None
Abstaining: None The motion passed unanimously. 5-0-0
The hardship is the substandard kitchen and garage. The changes are in harmony with the neighborhood. The condition is that there shall be no additional bedrooms.
Case 10-12 Lyn & Maryann Menard, 4 Ridgewood Road
The applicant at the public hearing removed the addition of the requested deck. That will not be part of any variance granted.
S. Stutts stated that this is a request for variances to allow raising of the roofline of the entire house, change in the pitch of the roof over the existing porch and reconfiguration of existing interior space. The existing nonconformities Section 8.8.1, minimum lot area of 10,000 sq. feet required, 5,000 sq. feet existing, Section 8.8.2, minimum lot area for each dwelling unit 10,000 sq. feet required, 5,000 sq. feet existing, Section 8.8.3, minimum dimension of a square on the lot 75 feet, currently 50 feet exists, Section 8.8.7, minimum setback from street line, 25 feet require, 16 feet existing and Section 8.8.9, minimum setback from other property line, 12 feet required, 10.5 feet existing on the east side and 9.5 feet on the west side. The proposal does not comply with Section 8.0.c (Yards and Lot
Coverage), Section 9.3.1 (enlargement) and Section 9.1.3.1 (General Rule). The hardship is the small lot and there will be no expansion of the footprint.
This is a small lot and the applicants are not expanding the footprint. The hardship is the size of the lot. There is only 760 square feet of living space without the porch. This house is closer to the street than the other houses in the neighborhood. The applicants at the public hearing stated that the front door will be moved from the side entrance to the front into the converted living space. Two bedrooms will remain, applicants will to interior upgrades, i.e. electric and insulation and the wall in the porch will be taken out and become part of the living space. The Board discussed the raising of the roof (4 feet) and would it remain a one floor living space with cathedral ceilings to provide extra light. The Board discussed that if any attic space was created, that it remains for storage only,
and it is not habitable space.
A Motion was made by J. St. Germain, seconded by R. Smith to GRANT w/conditions the necessary variances to allow the conversion of the existing porch to be incorporated into the living room area and the resulting increase in the height of the roof to accommodate the need for replacement of a new roof with the proper pitch. The conditions are that there shall be no increase in the number bedrooms, that the living space is restricted to the first floor and any other created space due to the roof height shall remain storage. No further discussion and a vote was taken. In favor: S. Stutts, J. McQuade, J. St. Germain, R. Smith, M. Ossmann In opposition: None Abstaining: None The
motion passed unanimously. 5-0-0
The hardship is the size of the house since it is only 760 square feet, and this is a minimal roof reconfiguration and it is in keeping with the neighborhood.
Approval of Minutes of the July 20, 2010 Regular Meeting
A Motion was made by J. McQuade, seconded by M. Ossmann to approve the minutes of the July 20, 2010 Regular Meeting as submitted. No discussion and a vote was taken. In favor: S. Stutts, J. McQuade, J. St. Germain, R. Smith, M. Ossmann In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
Adjournment
A Motion was made by S. Stutts, seconded by J. McQuade to adjourn the September 27, 2010 Special Meeting; no further discussion and a vote was taken. The motion to adjourn passed unanimously. 5-0-0 The meeting adjourned at 6:35p.m.
The next Regular Meeting of the ZBA will be on Tuesday, October 19, 2010 at 7:30 p.m. at the Town Hall, Auditorium/Meeting Hall, 52 Lyme Street, Old Lyme, CT.
Respectfully submitted,
Kim N. Barrows, Clerk
Old Lyme Zoning Board of Appeals
Old Lyme, Connecticut 06371 Old Lyme, Connecticut 06371
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