OLD LYME ZONING BOARD OF APPEALS
Tuesday, February 16, 2016
The Old Lyme Zoning Board of Appeals held a Regular Meeting on Tuesday, February 16, 2016, at 7:00 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were: Judy McQuade, Chairman, Mary Stone, Secretary, Kip Kotzan, regular member, Karen Conniff, regular member, and Nancy Hutchinson, alternate.
Also present were Marisa Hartmann, alternate and Keith Rosenfeld, Land Use Coordinator
Chairman McQuade called the meeting to order at 7:02 p.m. and noted that she would announce the members voting before each case.
1. Case 16-02 – Paula & Anthony Schiavone, 57 Brightwater Road
Chairman stated that this Public Hearing was continued from the January Regular meeting and noted that the applicant is not present this evening. Mr. Rosenfeld confirmed that the applicant and/or a representative are not present. He suggested that the Board deny without prejudice during the open voting session and could consider waiving the application fee at that time.
2. Case 16-04 - Robert and Dorothy Cipolla, 24 Walnut Road, variances to allow expansion of the existing second floor by adding a bedroom and bath to current building code.
Larry Tomasetti from Tomasetti Builders was present to represent the applicants. He explained that the existing second floor is small with a ridge beam 6’ high that slants down to the floor, there are stairs to access that do not meet code and the windows are very small. Mr. Tomasetti explained that the applicants would like to expand and add a bedroom and bath for a total of two bedrooms on the second floor. He noted that it is currently one large room.
Chairman McQuade questioned the lot size as there are two different figures noted in the file. Mr. Tomasetti stated that the survey shows 8,961 square feet. Mr. Rosenfeld agreed. Chairman McQuade stated that the property size is nonconforming, as well as one of the side setbacks. She noted that the shed also violates the setback and the shed will remain. Chairman McQuade explained that the regulations only allow 1.5 stories and Mr. Tomasetti explained that they will not be expanding beyond 50 percent of the second floor so the proposed home will be 1.5 stories. Mr. Tomasetti stated that the first floor is 1,086 square feet and the proposed addition to the second floor is 380 square feet. Chairman McQuade stated that the original zoning application states a proposed second floor of 650
square feet. Mr. Tomasetti stated that they changed the proposal to a total of 527 square feet on the second floor after discussions with Mr. Rosenfeld. He explained that there will only be one bedroom on the first floor for a total of 3 bedrooms.
Ms. Hutchinson stated that the second floor addition encroaches on the side setback. She questioned whether they looked at expanding other than in that area of the second floor. Mr. Tomasetti stated that they did and found that it was not possible due to the need for code compliant stairs and also to get the proper size windows for egress.
Chairman McQuade noted that the height of the structure was increasing from 15’5” to 24’. Mr. Tomasetti stated that the height is 21’10” on the ZBA application. He noted that there is a shed dormer in the front and a full dormer on the rear of the structure to avoid bulk in the front.
No one present spoke in favor of or against the application. Hearing no further comments, Chairman McQuade called this Public Hearing to a close.
OPEN VOTING SESSION
1. Case 16-02 – Paula & Anthony Schiavone, 57 Brightwater Road
A Motion was made by K. Kotzan, seconded by K. Conniff to DENY w/out prejudice and to waive the fee on ZBA application for Paula & Anthony Schiavone, 57 Brightwater Road in order to demolish existing one car garage and remove existing shed in order to construct a 24’ x 24’ two car garage. No discussion and a vote was taken. In favor: J. McQuade, K. Kotzan, K. Conniff, M. Stone, N. Hutchinson Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
2. Robert and Dorothy Cipolla, 24 Walnut Road, variances to allow expansion of the existing second floor by adding a bedroom and bath to current building code.
Chairman McQuade reviewed the facts of the case.
Ms. Stone stated that she feels the bulk issue has been addressed pretty well and there is good continuity between the two story house on the right and the bungalow on the left side. She stated that it is a graceful transition between the three homes.
Ms. Hutchinson stated that the hardship provided is that the current configuration does not allow for a code compliant stairway. She questioned whether what they need could be accomplished with less square footage on the second floor.
Ms. Stone stated that she looked at the plans before she went to the site and then she looked at them again after her visit. She noted that there is not really much they can take out of the proposal.
A Motion was made by K. Kotzan, seconded by M. Stone to GRANT the necessary variances to allow expansion of the existing second floor by adding a bathroom and two bedrooms bringing space to current building code, as per plans submitted without imposing any conditions. No discussion and a vote was taken. In favor: J. McQuade, K. Kotzan, K. Conniff, M. Stone Opposed: N. Hutchinson Abstaining: None The motion passed. 4-1-0
Reasons for granting:
- To bring space up to current building codes.
- To improve safety for occupants of second floor.
A Motion was made by K. Conniff, seconded by M. Stone to approve the minutes of the January 19, 2016 Regular Meeting as submitted. No discussion and a vote was taken. In favor: J. McQuade, K. Kotzan, K. Conniff, M. Stone, N. Hutchinson Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Haines Park Boathouse Project
Chairman McQuade stated that they have received a request to extend the variance for the Haines Park Boathouse Project, 166 Boston Post Road, Case 14-17 and 14-21.
Mr. Paul Gianquinto, Co-chairman of the project, stated that in 2014 they were granted two variances, one for the height of the proposed building. He noted that they subsequently appeared and requested a variance to extend the length of the existing structure that did not meet the side yard setback. Mr. Gianquinto stated that both of these variances were granted. He noted that they have spent all of 2015 reviewing the design of the boathouse and working with four new members and they now have a new proposed building. He stated that it became apparent that the height variance has expired and the second one will expire in the middle of March. He noted that the structure is now proposed to be approximately 24’8” feet tall instead of the previously approved 30’1” feet.
Mr. Gianquinto stated that because they eliminated the second floor they will now locate the reduced in size exercise area on the first floor which results in additional length of the building toward Town Woods Road. He stated that the building will now be 88’ in length instead of the previously approved 84’. He noted that this request does not involve the area where the side setback variance was granted.
Mr. Gianquinto stated that there is another issue, the location of the basketball court, which they will have to come back to the Board for in the future. He noted that the basketball court does not have the required 60’ setback in the front for the C-30 Zone.
Chairman McQuade stated that the new plan will have to come before the Board just as it went to the other commissions. She noted that there have been many substantial changes and they must formally bring them to the Board. Mr. Kotzan agreed and noted that by the sound of the changes it should be a quick hearing.
Ms. Stone stated that if the Board granted extensions, those extensions would be for plans that the applicant has no intention of construction.
Mr. Gianquinto stated that he will apply for the three variances. Chairman McQuade stated that the Board could vote on the new plans and there would be no need to deal with the plans that are expiring.
Ms. Hutchinson stated that it is her understanding that there is still discussion on the location of the basketball court. She suggested that everything be decided before they reapply.
Mr. Kotzan stated that he would be willing to hold a special meeting if that helps the applicant.
Mr. Rosenfeld stated that if the application is received by March 4th it can be heard at the April Regular Meeting.
The meeting adjourned at 7:45 p.m. on a motion by Karen Conniff and seconded by Mary Stone; so voted unanimously.
Susan J. Bartlett