UNAPPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, March 13, 2006
The Old Lyme Zoning Commission held a Regular Meeting on Monday, March 13, 2006 at 7:30 p.m. in the Auditorium of Old Lyme Middle School. Members present were Ted Kiritsis (Chairman) Jane Marsh (Secretary), John Johnson, Jane Cable, Steven Ames (Alternate - seated) and Howard Tooker (Alternate). Also present was Ann Brown, Zoning Enforcement Officer.
1. Convene Meeting; announcement of voting alternates.
Chairman Kiritsis called the meeting to order at 7:31 p.m. He immediately recessed the Regular Meeting to conduct the Public Hearing. Chairman Kiritsis reconvened the Regular Meeting at 9:30 p.m.
2. Petition to Amend the Old Lyme Zoning Map, Hatchetts Hill Road, from LI-80, LI-80S and RU-80 to MFRU-80, Diebolt and Diebolt Development, LLC, applicant.
Chairman Kiritsis noted that this application has been withdrawn.
3. Petition to Amend the Old Lyme Zoning Regulations to create a new Section 32.5.10, Conversion of a Non-Residential Building to Dwelling Units, Michael Cohen and Steven Wallet, applicants.
The Public Hearing for this item has been continued to the April 10, 2006 Regular Meeting.
4. Site Plan/Special Exception Application to construct a six foot fence in the front setback, 3 Sea Spray Road, Paul Kwasniewski, applicant.
Ms. Marsh stated that the installation of the fence is justified by removal of shrubbery and trees which blocked the sight line. She noted that it should be required that the sight line be maintained by keeping the vegetation down.
A motion was made by John Johnson, seconded by Jane Cable and voted unanimously to approve the Site Plan/Special Exception Application to construct a six foot fence in the front setback, 3 Sea Spray Road, Paul Kwasniewski, applicant, as follows:
Whereas, the Zoning Commission has received application for Site Plan/Special Exception approval to allow a six foot tall fence in the front setback along Sea Spray Road and Shore Road; and
Whereas, the Zoning Commission has held a duly noticed public hearing on March 13, 2006, and the commission has had an opportunity to hear testimony from both citizens of Old Lyme and the applicant; and
Whereas, the six foot tall fence is allowed by Special Exception under the Old Lyme Zoning Regulations section 7.4.6(b), the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions section 7.4.6(b) of the Regulations with the following modifications required to be added to the final plan:
Conditioned upon the continued maintenance of cleared site line in area of fence.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 31.3, in particular that the proposed use, buildings and other structures and site development are designed and arranged as follows:
to achieve safety, comfort and convenience;
to conserve as much of the natural terrain and provide for vegetation on the site to the extent practical;
to be in architectural harmony with the surrounding area;
to protect nearby residential and preservation areas;
Whereas, the Zoning Commission has deliberated and considered the evidence presented at the hearing as well as the input of its staff and professional consultants; and
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to Paul Kwasniewski for the Site Plan/Special Exception application for property at 3 Sea Spray Road, Old Lyme, CT, with the modifications specified on this 13th day of March, 2006.
5. Site Plan/Special Exception Application to construct a six foot fence in the front setback, 115 Shore Road, Dawn Root, applicant.
Ms. Marsh suggested the same condition of clearing as placed on the last application.
A motion was made by John Johnson, seconded by Jane Cable and voted unanimously to approve the Site Plan/Special Exception Application to construct a six foot fence in the front setback, 115 Shore Road, Dawn Root, applicant, as follows:
Whereas, the Zoning Commission has received application for Site Plan/Special Exception approval to allow a six foot tall fence in the front setback at 115 Shore Road; and
Whereas, the Zoning Commission has held a duly noticed public hearing on March 13, 2006, and the commission has had an opportunity to hear testimony from both citizens of Old Lyme and the applicant; and
Whereas, the six foot tall fence is allowed by Special Exception under the Old Lyme Zoning Regulations section 7.4.6(b), the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions section 7.4.6(b) of the Regulations with the following modifications required to be added to the final plan:
1. Conditional upon the continued maintenance of cleared site line in area of fence.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 31.3, in particular that the proposed use, buildings and other structures and site development are designed and arranged as follows:
a. to achieve safety, comfort and convenience;
b. to conserve as much of the natural terrain and provide for vegetation on the site to the extent practical;
c. to be in architectural harmony with the surrounding area;
d. to protect nearby residential and preservation areas;
Whereas, the Zoning Commission has deliberated and considered the evidence presented at the hearing as well as the input of its staff and professional consultants; and
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to Dawn Root for the Site Plan/Special Exception application for property at 115 Shore Road, Old Lyme, CT, with the modifications specified on this 13th day of March, 2006.
6. Site Plan/Special Exception Application to construct a six foot fence in the front setback, 124 Boston Post Road, Margaret Ebbets, applicant.
Again, Ms. Marsh suggested the same condition on sight line clearing.
A motion was made by John Johnson, seconded by Jane Cable and voted unanimously to approve the Site Plan/Special Exception Application to construct a six foot fence in the front setback, 124 Boston Post Road, Margaret Ebbets, applicant, as follows:
Whereas, the Zoning Commission has received application for Site Plan/Special Exception approval to allow a six foot tall fence in the front setback at 124 Boston Post Road; and
Whereas, the Zoning Commission has held a duly noticed public hearing on March 13, 2006, and the commission has had an opportunity to hear testimony from both citizens of Old Lyme and the applicant; and
Whereas, the six foot tall fence is allowed by Special Exception under the Old Lyme Zoning Regulations section 7.4.6(b), the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions section 7.4.6(b) of the Regulations with the following modifications required to be added to the final plan:
1. Conditioned upon the continued maintenance of cleared site line in area of fence.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 31.3, in particular that the proposed use, buildings and other structures and site development are designed and arranged as follows:
a. to achieve safety, comfort and convenience;
b. to conserve as much of the natural terrain and provide for vegetation on the site to the extent practical;
c. to be in architectural harmony with the surrounding area;
d. to protect nearby residential and preservation areas;
Whereas, the Zoning Commission has deliberated and considered the evidence presented at the hearing as well as the input of its staff and professional consultants; and
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to Margaret Ebbets for the Site Plan/Special Exception application for property at 124 Boston Post Road, Old Lyme, CT, with the modifications specified on this 13th day of March, 2006.
7. Site Plan/Special Exception Application to construct a dock, 17 Sandpiper Road, Robert and Patricia Volland, applicants.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to approve the Site Plan/Special Exception Application to construct a dock, 17 Sandpiper Road, Robert and Patricia Volland, applicants, as follows:
Whereas, the Zoning Commission has received application for Site Plan/Special Exception approval to allow construction of a dock for property of Robert and Patricia Volland at 17 Sandpiper Road, Old Lyme, CT, one sheet titled, “Site Development Plan Showing Proposed Improvements Prepared for Robert & Patricia Volland, Sandpiper Point Road, Old Lyme, Connecticut”, as prepared by Angus McDonald/Gary Sharpe & Associates, Inc., Old Saybrook, Connecticut and dated January 3, 2005;
Whereas, the Zoning Commission has held a duly noticed public hearing on March 13, 2006, and the Commission has had an opportunity to hear testimony both from citizens of Old Lyme and the applicant; and
Whereas, the proposed use is permitted by Site Plan/Special Exception under the Old Lyme Zoning Regulations, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 31.2 of the Regulations.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 31.3, in particular that the proposed use and structures and site development are designed and arranged as follows:
a. to achieve safety, comfort and convenience;
b. to conserve as much of the natural terrain and provide for vegetation on the site to the extent practical;
c. to be in architectural harmony with the surrounding area;
d. to protect nearby residential and preservation areas;
e. to show that reasonable consideration has been given to the matter of restoring and protecting the ecosystem and habitat of Long Island Sound and reducing the amount of hypoxia, pathogens, toxic contaminants and floatable debris therein; and
Whereas, the Zoning Commission finds that the applicant has demonstrated compliance with the General Standards of Section 32.9.3, in particular that the proposed use, buildings or other structures and site development conform to the standards of this section.
Whereas, the Zoning Commission has deliberated and considered the evidence presented at the hearing as well as the input of its staff and professional consultants; and
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for the Site Plan and Special Exception application to construct a dock for property of Robert and Patricia Volland at 17 Sandpiper Road, Old Lyme, CT, dated this 13th day of March, 2006, with the modifications specified.
8. Site Plan/Special Exception Application to operate a preschool, 75 Rogers Lake Trail, Margaret Ames, applicant. Set Public Hearing.
Ms. Brown stated that she would like the Board to consider whether the site plan submitted is sufficient before scheduling the Public Hearing. Ms. Ames stated that the plan shows sufficient parking and traffic flow on the site. She noted that it is currently the association clubhouse. Ms. Ames explained that she is making no exterior changes other than a 4’ fence on one side to enclose a playground. She noted that everything inside will be mobile so that it can be packed away. Ms. Ames indicated that it will have to be licensed by the State. She indicated that lead, radon and water testing has been performed.
Ms. Brown stated that the applicant is requesting that the drawing provided be substituted for an engineered site plan because she is intending no site changes. Ms. Ames indicated that she measured the distances as shown on the site plan.
Mr. Johnson and Ms. Marsh both indicated that an engineered site plan should be required. Ms. Ames asked that the Public Hearing be set for April and indicated that she would get an engineered site plan. She noted that she would let the Commission know if she is unable to get one.
A motion was made by John Johnson, seconded by Jane Cable and voted unanimously to set the Public Hearing for the Site Plan/Special Exception Application to operate a preschool, 75 Rogers Lake Trail, Margaret Ames, applicant, for April 10, 2006.
9. Site Plan/Special Exception Application to construct a dock, 2 North Street, Rob Shickel, applicant. Receive and set Public Hearing.
Mr. Shickel stated that North Street is immediately on the right as one goes through the entrance to Point O’ Woods. He noted that the reason for the dock is that there is no physical way to get from the upland portion, which is the area of the house, out to Three Mile River. Mr. Shickel stated that all the property around it is private. He noted that all of the land to the west is tidal wetlands. Mr. Shickel stated that prior to this submission he received approval from both the DEP and Corps of Engineers. He explained that the dock will be either pressure treated or plastic, as approved by the DEP. Mr. Shickel stated that there will be walkway lighting, 10 watts, shining downward. He noted that the lighting is strictly for safety. He noted that the owners of the property
are David and Lena Tuck.
A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to set the Public Hearing for the Site Plan/Special Exception Application to construct a dock, 2 North Street, Rob Shickel, applicant, for April 10, 2006.
10. Site Plan/Special Exception Application to construct a six foot fence in the front setback, 29 Neck Road, Brian and Kellianne Farnham, applicants. Receive and set Public Hearing.
Brian Farnham was present to explain his application. Ms. Marsh noted that the fence has not yet been constructed. Mr. Farnham stated that he lives on the corner of Huntley and Route 156. He explained that he would like to construct a six-foot fence along the perimeter of his property. Mr. Farnham stated that he has requested for more fencing than he plans on installing, but is applying for all the fencing proposed as he is not sure how adjacent properties will be developed in the future. Mr. Farnham noted that the fencing is proposed along his front setback on Huntley Road, not Neck Road. He indicated that this will be important as people may assume Neck Road because it is his address.
A motion was made by John Johnson, seconded by Jane Cable and voted unanimously to set the Public Hearing for the Site Plan/Special Exception Application to construct a six foot fence in the front setback, 29 Neck Road, Brian and Kellianne Farnham, applicants, for April 10, 2006.
11. Election of Officers.
A motion was made by John Johnson, seconded by Steve Ames and voted unanimously to keep the following slate of officers: Ted Kiritsis, Chairman; Tom Risom, Vice Chairman; and Jane Marsh, Secretary.
12. Fee Schedule – Discussion of Engineering Fees
Ms. Brown stated that the proposal is designed to encourage accurate submittals upfront from the applicants. She explained that this policy will provide notice to applicants that any additional documents received after the initial submission will require additional review fees paid to the Town.
Mr. Johnson suggested using the word shall, not may. He indicated that the word “may” indicates there is discretion. Ms. Brown stated that that statement is referring to what the Ordinance states; she noted that the second paragraph is the actual policy being adopted.
A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to adopt the Review Fee Policy.
13. Approval of Minutes
No action taken.
14. Zoning Enforcement – Zoning Enforcement Report
None.
15. Regulation Rewrite – Set special meeting.
Chairman Kiritsis recommended that the Commission members spend a little time reviewing the entire set of Regulations as provided to each member. A Regulation Rewrite Meeting was set for Monday, March 27, 2006 at 7:00 p.m.
16. Correspondence
Chairman Kiritsis stated that there will be a presentation Wednesday, March 15th at 2:30 p.m. at the Town Hall for 100 Acres LLC property. He indicated that anyone interested is invited to attend.
Chairman Kiritsis stated that he has received a letter from an architect, without license at the moment, who is interested in becoming the SVVD consultant. Ms. Brown pointed out that the architect for the SVVD must be licensed.
Chairman Kiritsis stated that on March 27, 2006 at 4:30 p.m. the Planning Commission will be conducting an open space workshop and anyone interested is invited to attend.
17. Any new or old business to come before Commission.
Ms. Marsh stated that Mr. Mountzoures’ new building on Four Mile River Road has lighting everywhere. It was also pointed out that there is a very large sign on the property.
Mr. Tooker questioned the procedure for cutting trees on property along Lyme Street. Chairman Kiritsis stated that the tree warden has no jurisdiction. Ms. Brown stated that the Statutes do not give the Historic District control over plantings. Ms. Marsh stated that the tree warden only controls trees in the public area.
18. Miscellaneous/Adjourn
A motion was made by John Johnson, seconded by Steve Ames and voted unanimously to adjourn at 10:10 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
| 
