APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF THE PUBLIC HEARING
Monday, January 12, 2004
The Old Lyme Zoning Commission held its Public Hearing on Monday, January 12, 2004, in the auditorium of Memorial Town Hall. Members present were Ted Kiritsis (Chairman), Jane Marsh (Secretary), Eric Fries (Vice Chairman - arrived at 7:45 p.m.), Joan Bozek (Member) Tom Risom (Member), Howard Tooker (Alternate), and John Johnson (Alternate). Also present was Ann Brown, Zoning Enforcement Officer.
The Public Hearing convened at 8:00 p.m.
1. Petition to Amend the Zoning Map, 57 Four Mile River Road, from RU-40 to LI-80, Judith and Salvatore Carpenteri, applicants.
David Coonrod, Surveyor, and Judith and Salvatore Carpenteri, applicants, were present. Mr. Coonrod explained that the parcels were created in 1969 by a subdivision in East Lyme when Colton Road was built. He noted that the parcel is partially in East Lyme and Old Lyme. Mr. Coonrod stated that in 1989 the Town of Old Lyme conveyed a piece of land to this parcel to square it up. He explained that in 1994, Judith Carpenteri gave Sal Carpenteri a 40’ wide strip to match the zone line. Mr. Coonrod stated that in order to develop the lot, they need to meet the Zoning Requirements of Old Lyme and in order to do that, they would like to extend the zone an extra 45 feet. He noted that this would make the parcel 72,000 square feet of land in Old Lyme, which meets the 90 percent rule of the
Zoning Requirements. He noted that there would be an additional 23,000 square feet in East Lyme. He noted that the remaining land of Judith Carpenteri meets all the requirements of the zone. Mr. Coonrod pointed out that they are attempting to make Sal Carpenteri’s land conforming in order to develop it.
Mr. Risom questioned the zone of the 23,000 square feet of land in East Lyme. Mr. Coonrod replied that that land is also in a light industrial zone. He indicated that his next step would be to go to the Planning Commission for a lot line revision.
Mr. Fries questioned whether a lot could be created that only meets 90 percent of the zone. Ms. Brown explained that the lot already exists and with the proposed change the Commission would be making the lot less nonconforming. She reiterated that they are not creating a new lot, but just changing a zone line. Ms. Marsh pointed out that there is also 23,000 square feet of land in East Lyme that is part of the lot.
Ms. Bozek questioned whether the proposal was referred to the Town of East Lyme and whether they had replied. Ms. Brown noted that all the required referrals were made and East Lyme has not responded. She pointed out that they held the Public Hearing open from the December meeting in order to give the Town of East Lyme the required reply period.
Mr. Coonrod noted that changing the zone line does not create any nonconformities with the residential lot.
No one present spoke in favor or against this petition. Hearing no further comments, a motion was made by Tom Risom, seconded by Eric Fries and voted unanimously to close the Public Hearing for the Petition to Amend the Zoning Map, 57 Four Mile River Road, from RU-40 to LI-80, Judith and Salvatore Carpenteri, applicants.
Ms. Bozek noted for the record that she has listened to the tapes of the December Regular Meeting and Public Hearings.
Site Plan/Special Exception Application for Accessory Apartment, 9 Coult Lane, Frank and Maria Purdue, applicants.
Chairman Kiritsis read the legal advertisement as published in the New London Day on Thursday, January 1 and Thursday, January 8, 2004. He read the list of exhibits for the record.
Frank Purdue was present to explain his application. He stated that he purchased the property in 1998 and at that time was under the assumption that the existing in-law apartment was legal. Mr. Purdue stated that he has since put the property on the market and learned that this apartment was not legal which is why he is before the Commission this evening. He noted that the perspective purchaser of the property would like to use this apartment for their parents.
Mrs. Purdue explained the site plan to the Commission. She noted that her mother has lived in the in-law apartment since they purchased the property. Mrs. Purdue stated that the existing barn is a guesthouse above with a garage below. Mr. Purdue stated that the guesthouse in the barn has a kitchen, which he will remove, as requested by the Zoning Enforcement Officer. Ms. Brown explained that the Purdue’s had no knowledge that the accessory apartments were not permitted and have been extremely cooperative in the resolution of the violations.
Robert Wallace, 7 Coult Lane, stated that he would like to make sure that the barn does not become an apartment. He questioned how long people could stay in the barn without a kitchen. Mr. Fries replied that there is no requirement on the amount of time a guesthouse may be used. Mr. Wallace stated that the Purdue’s have been wonderful neighbors, but he would not like to see the guesthouse become a full-time residence.
A motion was made by Jane Marsh, seconded by Tom Risom and voted unanimously to close the Public Hearing for the Site Plan/Special Exception Application for Accessory Apartment, 9 Coult Lane, Frank and Maria Purdue, applicants.
The Public Hearing adjourned at 8:25 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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