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Zoning Board of Appeals Record of Vote 03/15/2016
RECORD OF VOTE
OLD LYME ZONING BOARD OF APPEALS
REGULAR MEETING
TUESDAY, MARCH 15, 2016
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, Karen Conniff, regular member and Nancy Hutchinson, alternate

Present:  Keith Rosenfeld, Land Use Coordinator

Absent:  Marisa Hartmann, alternate and Harry Plaut, alternate

Case 16-05 – Heidi DiNino Fields, 49 Hartford Avenue

A Motion was made by M. Stone, seconded by A. Sibley to GRANT the necessary variances to allow conversion of an existing commercial structure housing a deli and a package store into two conforming, two bedroom apartments, each with a garage and outside parking in the rear, as per plans submitted.  No discussion and a vote was taken.  In favor:  J. McQuade, A. Sibley, K. Kotzan, M. Stone  Opposed:  N. Hutchinson   Abstaining:  None  The motion passed. 4-1-0

Reasons for granting:  1) In accordance with intent of Soundview Village District to create affordable housing and improve structures and 2) Improves safety and building code compliance of the existing structure.

Case 16-06 – Sound View Holdings, LLC, 61B Hartford Avenue

A Motion was made by M. Stone, seconded by A. Sibley to GRANT the necessary variance to allow the moving of the existing package store located at 49 Hartford Avenue to the subject property, 61 Hartford Avenue, to occupy a reduced retail space, as per plans submitted. No discussion and a vote was taken.  In favor:  J. McQuade, A. Sibley, K. Kotzan, N. Hutchinson, M. Stone  Opposed:  None   Abstaining:  None   The motion passed unanimously. 5-0-0
Reasons for granting:  1)Off-street parking available; 2) Reduced size of existing package store and 3) does not add to the net total of non-conforming uses I the area.  

Case 16-07 – Patricia Nylin, 40 Hillcrest Road

A Motion was made by K. Kotzan, seconded by A. Sibley to GRANT the necessary variances to allow adding on to compliant areas of the first floor and the existing single car garage which is 1.5 feet from the easterly property line will be removed.  A new basement under the structure will be added, current one does not meet code.  The number of bedrooms will be reduced from 3 to 2, as per plans submitted.  No discussion and a vote was taken.  In favor:  J. McQuade, A. Sibley, K. Kotzan, K. Conniff, M. Stone  Opposed:  None   Abstaining:  None   The motion passed unanimously. 5-0-0

Reasons for granting or reasons for denial:  1) Removing the existing one-car garage will increase conformity of setback and lot coverage; 2) Structure will become building code compliant and 3) Decrease in number of bedrooms diminishes use.

Case 16-08C – William L. Bailey, applicant, Garvin Family Corp., Inc., owner, 80 Hawks Nest Road

A Motion was made by A. Sibley, seconded by K. Kotzan to GRANT the necessary variances to remedy a pre-existing nonconforming situation whereby a single-family cottage on the lot next to the subject property was built over the property line and encroaches onto the subject property.  For liability purposes, the contract purchaser of the subject property wishes to have a lot line adjustment done so that the encroaching cottage would be completely on its own lot, as per plans submitted.   The Coastal Site Plan Review Application for this appeal is approved because it is consistent with all applicable costal policies and includes all reasonable measures to mitigate adverse impacts.  No discussion and a vote was taken.  In favor:  J. McQuade, A. Sibley, K. Kotzan, K. Conniff, M. Stone  Opposed:  None   Abstaining:  None   The motion passed unanimously. 5-0-0

Reasons for granting:  1) Title cannot be cleared without lot line adjustment

Case 16-09C – Steven & Carol Rosenfield, 28 West End Drive

A Motion was made by K. Conniff, seconded by M. Stone to GRANT the necessary variances to elevate the existing structure to meet FEMA flood requirements and to construct new stairs, decks and platforms to read utility meters in order to access the main level of the house, as per plans submitted. The Coastal Site Plan Review Application for this appeal is approved because it is consistent with all applicable costal policies and includes all reasonable measures to mitigate adverse impacts.  No discussion and a vote was taken.  In favor:  J. McQuade, A. Sibley, K. Kotzan, K. Conniff, M. Stone  Opposed:  None   Abstaining:  None   The motion passed unanimously. 5-0-0
Reasons for granting: 1) The lot is grossly undersized relative to the current zoning regulation; 2) It would be impossible to construct a habitable house on this lot that conforms to all zoning regulations; 3) Elevating the main level of the structure above the floodplain requires a new means of outside access to that level; 4) Elevating the main level of the structure simply above the 100 year base flood elevation would still require all of the variances requested, although the degree of variance would change for Section 8.8.6 (building height); 5) Utility meters are required to be located above the floodplain, which need a means of access to read the meters; 6) There are no additions to the main house structure proposed and 7) The house would have to remain at its current elevation, below the 100 year base flood elevation, and would be highly susceptible to further damage and flooding by future storms if not elevated.   

New Business

An e-mail from Mr. Paul Gianquinto, Co-chair of the Boathouse Project requesting a Special Meeting on April 5, 2016 at 7:00 p.m. to hear a new ZBA application for the Hains Park Bouthouse Project, 166 Boston Post Road.

A Motion was made by M. Stone, seconded by K. Conniff to Schedule a Special Meeting for April 5, 2016 at 7:00 p.m. for the new ZBA Application for the Hains Park Boathouse, 166 Boston Post Road.  No discussion and a vote was taken.  In favor:  J. McQuade, A. Sibley, K. Kotzan, K. Conniff, M. Stone  Opposed:  None   Abstaining:  None   The motion passed unanimously. 5-0-0

Minutes

A Motion was made by M. Stone, seconded by A. Sibley to approve the minutes of the February 16, 2016 Regular Meeting with the following correction:  “Nancy Hutchinson abstained from voting on the January minutes.  No discussion and a vote was taken.  In favor:  J. McQuade, A. Sibley, K. Kotzan, K. Conniff, M. Stone  Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0
 
Adjournment

A Motion was made by K. Kotzan, seconded by A. Sibley to adjourn the March 15, 2016 Meeting.  No further discussion and a vote was taken.  In favor:  J. McQuade, A Sibley, K. Kotzan, K. Conniff, M. Stone   The motion to adjourn passed unanimously.  5-0-0    The meeting adjourned at 9:55 p.m.         
                
Judy McQuade, Chairman            



THE NEXT SPECIAL ZBA MEETING IS SCHEDULED FOR TUESDAY, APRIL 5, 2016 AT 7:00 P.M. IN THE MEZZANINE CONFERENCE ROOM, MEMORIAL TOWN HALL, 52 LYME STREET

THE NEXT ZBA MEETING IS SCHEDULED FOR TUESDAY, APRIL 19, 2016 AT 7:00 P.M. IN THE MEZZANINE CONFERENCE ROOM, MEMORIAL TOWN HALL, 52 LYME STREET



 
 
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