EAST LYME ZONING BOARD OF APPEALS

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Case No. 2-2008

EAST LYME ZONING BOARD OF APPEALS

PUBLIC HEARING AND REGULAR MEETING Monday, OCTOBER 27th, 2008

MINUTES

A Public Hearing and Regular Meeting of the East Lyme Zoning Board of Appeals was held on Monday, October 27, 2008 at 7:30 PM at the East Lyme Town Hall, 108 Pennsylvania Avenue, Niantic, CT.

PRESENT: Bill Mountzoures, Chairman, Tom Boguszewski, Acting Secretary, Leo Mostowy, Skip Saunders

ALSO PRESENT: Eric Krause, Property Owner/Applicant

Cynthia Sutherland, Property Owner/Applicant

ABSENT: H. Peter Hunt, Secretary, Craig Mason, Shawn McLaughlin, Alternate

1. Call Public Hearing to Order

Chairman Mountzoures called the Public Hearing to order at 7:30 PM. He noted that they had a quorum and that four regular members were present.

2. Read Notice of Public Hearing

Mr. Mountzoures asked Mr. Boguszewski, Acting Secretary to read the Notice of the Public Hearing:

Case No. 2-2008: Application of Eric Krause for a request of a variance of Section 7.3 and 7.3.4 of the East Lyme Zoning Regulations to allow a single family home on the property identified in the Application as 29 Spring Street, Niantic, Connecticut. Said parcel appears on East Lyme Assessor’s Map 17.6, Lot 32.

The Public Hearing notice was sent to the New London Day for publication on 10/16/08 and 10/23/08.

Mr. Mountzoures introduced the Board members and polled each for any conflict of interest. Hearing no conflicts of interest, he explained the rules of the meeting and asked that anyone speaking please stick to the subject matter of the application.

Mr. Mountzoures called for the applicant to make his presentation.

Eric Krause, 31 Brainerd Rd. said that he and his sister Cynthia Sutherland inherited property from their mother upon her death and that part of it was a 25’ x 50’ lot at 29 Spring Street. This parcel is sent a separate tax bill from the other property that they own. He said that they also recently received an assessment from the Sewer Department for 29 Spring Street as they put in a lateral. They are now trying to put a small house on this parcel. This lot predates the zoning regulations and if they were to have to follow them, it would place a hardship on them by making this lot unbuildable as based on the current zoning regulations for R-10, they would only be able to build a house that is 1’ wide by 8’ long. Pine Grove started out as a beach community with most of the houses being rather small and placed very closely together. It has turned into a year round community with a few cottages left. He said that they have also submitted a list of similar sized lots with houses on them in Pine Grove. The plan that they have submitted for a house would require variances on the side yard of 7.5 feet and a rear yard setback of 7 feet. With respect to the front yard setback the three in a row within 750’ rule would come into play. He said that they submit that the proposed house on this lot is consistent with other properties in this area.

Mr. Saunders commented that the 25’ x 50’ lot was at one time known as two (2) tent lots.

Mr. Mountzoures asked if the Board members had any questions at this time –

Hearing none –

Mr. Mountzoures called for anyone who wished to speak regarding this application, noting that they generally hear from those who wish to speak in favor of the application first –

George Laverne, 29 Cove Street said that this lot abuts all of his property and this proposed house would be right in their property with the 4.5’ on each of the side yards when there is supposed to be 12’. They asked if the variance is for 7.5’.

Mr. Mountzoures said yes, the variance request is for 7.5’.

Mrs. Laverne said that it would be very close to her garage and that it would block the air currents that they get now and also that a two-story house would completely overlook her yard.

Fred O’Connell, 30 High Street said that he bought the lot next to Mr. Krause a couple of weeks ago and that he understands that they have to be 13’ above the high tide line.

Mr. Mountzoures said that is not their jurisdiction here and that if they do allow the variance that Mr. Krause would have to adhere to the flood zone codes.

Mr. O’Connell said that he bought the lot and joined it to his at 30 High Street to keep it free of any development or building.

Mrs. O’Connell said that the lot is such a small area that she could not see how they could put a house in that small area as there really is no room except for a large dog house.

Cynthia Sutherland, 54 Smith Street, owner/applicant said that with the advent of sewers in the area that everyone is building there now or doing improvements with additions.

Bruce Parks, 29 High Street said that he has intentions of demolishing his house and putting up a larger one however; his lot is much larger than this one. He asked how large Mr. Krause’s lot is.

Mr. Mountzoures said that it is 25’ x 50’.

Mr. Parks said that is very small and while he has nothing against Eric and his sister, he would hate to see a house there. People in the area are spending money to fix their homes and to make everything look better and he thinks that it is ludicrous to build on a 25’ x 50’ lot.

Mr. Krause, applicant, noted that he had submitted a list of properties in Pine Grove that are lots of even smaller size than his and that since they are being assessed for a lateral – why shouldn’t they build?

Mrs. George, 29 Cove Street asked how many of those properties have houses that are 4.5’ from each other, like this one will be to her garage.

Mr. Mountzoures said that they have to allow a person to build a reasonably sized house on a pre-existing non-conforming lot.

Mr. Krause, applicant said to Mrs. George that there is a 10’ area to his lot that belongs to his mother’s house on the other side of her garage. This separates her lot and garage from his lot and them there is the 4.5’ of the side yard. This would mean that it would be 14.5’ from her garage to his proposed house.

Mr. Parks, 29 High Street asked what size house would be allowed to be built on the property if this were to be approved.

Mr. Mountzoures said that the maximum size of the house with a porch would be 16’ wide x 40’ in length.

Mr. Saunders asked Mr. Krause about the three in a row rule and if his reference to it applies to the other part of Spring Street.

Mr. Krause said yes.

Mr. Saunders asked if the pre-fab house example that was provided with the application is a sample of the type of house that would be put on the lot.

Mr. Krause said yes.

Mr. O’Connell, 30 High Street said that when he purchased the adjacent lot some three (3) weeks ago that he had also been applying for something with Mr. Mulholland and that he was refused because he did not have the 25’ x 75’ and this lot also does not have that.

Mr. Saunders explained that he thought that it might be because they are not allowed to increase a non-conformity and Mr. Krause has an empty pre-existing non-conforming lot. If he had something on it, he would not be allowed to expand the non-conformity.

Mr. O’Connell said that he had his lot surveyed and that he does not get the 50’ for Mr. Krause’s lot and that Eric only has 38.5’.

Mr. Krause said that his lot is only 25’ x 50’.

Bruce Parks, 29 High Street asked if a house at 16’ wide would be allowed to have overhangs.

Mr. Mountzoures said that by the regulations (Section 20.14) that regarding projection into setbacks nothing shall prohibit a 1’ overhang.

Mr. Boguszewski commented that the overhang is not their issue to determine at this time.

Mr. Mountzoures asked the Board members if they had any other questions.

Hearing none - he said that he would now close the Public Hearing.

Mr. Mountzoures closed this Public Hearing at 8:10 PM.

Mr. Mountzoures said that they would now deliberate and make a decision on the application.

Mr. Mountzoures explained that the only comments that they can take now are from the applicant and only if they have technical questions that they need answered. He also informed the applicant that in the event that they wish to contest the decision that they have 15 days to appeal it to the Superior Court.

REGULAR MEETING

Mr. Mountzoures opened the Regular Meeting at 8:11 PM.

Mr. Mountzoures called for discussion.

Mr. Mostowy commented that they had gone through this with Giants Neck Heights when they were sewered and that they cannot deny people the use of their property. Pine Grove is Pine Grove – it is what it is and the only thing that they can do if they are not happy with this is to buy up their neighbors’ property if it becomes available.

Mr. Boguszewski said that the lot is a pre-existing non-conforming lot and that they need to decide if the 4.5’ side yards are appropriate. He said that his concern is with the rear setback and having only 5’ in the rear.

Mr. Saunders said that he agrees with the others and that he cannot see reducing the size of the house if it is only 16’ in width. No one wants to be the last one to build as it changes the character of the landscape however; he said that he would probably vote in favor of this as he believes that 16’ x 40’ for a house is reasonable.

Mr. Boguszewski said that the porch is 9’ and that if it were made smaller that they could have a larger rear yard setback as 5’ is very tight.

Mr. Mountzoures said that he agreed with his fellow Board members and that they could not deny the owner the reasonable use of his property. He then asked if they were ready to make a motion.

**MOTION (1)

Mr. Saunders moved to APPROVE the Application of Eric Krause for a request of a variance as submitted, of Section 7.3 and 7.3.4 of the East Lyme Zoning Regulations to allow a single family home on the property identified in the Application as 29 Spring Street, Niantic, Connecticut. Said parcel appears on East Lyme Assessor’s Map 17.6, Lot 32.

Mr. Mostowy seconded the motion.

Mr. Mountzoures called for a vote on the motion.

Vote in Favor to APPROVE: 4 – 0 – 0. Motion passed.

Mr. Mountzoures asked if anyone had any other business –

Hearing none –

Mr. Mountzoures called for a motion to adjourn.

ADJOURNMENT

**MOTION (2)

Mr. Mostowy moved to adjourn Case #2-2008 of the East Lyme Zoning Board of Appeals at 8:25 PM.

Mr. Boguszewski seconded the motion.

Vote: 4 – 0 – 0. Motion passed.

Respectfully submitted,

Karen Zmitruk,

Recording Secretary