APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF SPECIAL MEETING
Monday, August 27, 2007
The Old Lyme Zoning Commission held a Special Meeting on Monday, August 27, 2007 at 7:00 p.m. at the Church of Christ the King Parish Center. Members present were Ted Kiritsis (Chairman), Jane Marsh (Secretary), Jane Cable, John Johnson (arrived at 7:12 p.m.) and Steven Ames (Alternate, seated). Also present was Ann Brown, Zoning Enforcement Officer.
1. Convene Meeting; announcement of voting alternates.
Chairman Kiritsis called the meeting to order at 7:00 p.m. He noted that Mr. Ames would be a voting alternate.
2. Regulation Rewrite
Gateway Regs
Chairman Kiritsis stated that because Mr. Johnson is not present, he would request a motion to table this item until later in the meeting.
A motion was made by Jane Cable, seconded by Steve Ames and voted unanimously to table this item to later in the meeting.
Zoning Map
Ms. Brown noted that they need to review the existing map and make the appropriate changes so that a new map can be made by the Public Hearing date. She noted that there are fewer zones in the new Regulations. Ms. Brown displayed the existing map and noted that the new Regulations have RU-80 and RU-40, but the R-80 and R-40 have been eliminated. She noted that there is also an R-15, R-10, MFR-80, MFR-40, MFR-20, WF-20, C-30, C-30S, C-10, and LI-80. She noted that LI-80S has been eliminated. Ms. Brown indicated that she can make the changes to the map, as long as the Commission is still in agreement that they would like these changes made.
Mr. Johnson arrived at this time (7:12 p.m.)
A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to amend the Zoning Map to conform with the proposed zone designations; RU-40, RU-80, R-15, R-10, R-20, MFR-80, MFR-40, MFR-20, WF-20, C-30, C-30S, C-10, LI-80, and SVVD.
A motion was made by Jane Marsh, seconded by Jane Cable and voted to convert the LI-80 that is north of Route 95 to RU-40, as shown in orange on the zoning map; to change the north side of the Shore Road from commercial to residential (opposite of the post office/convenience store). Motion carried 4:1, with Mr. Johnson opposed.
Mr. Johnson indicated that he is concerned about eliminating commercial areas.
Mr. Johnson stated that every property owner whose zone is being changed should be notified. Chairman Kiritsis stated that they will ask Attorney Branse if notification of property owners is legally required.
Gateway Regs
Chairman Kiritsis indicated that the changes to the Gateway Regulations are shown in bold.
In discussing the Gateway Regulation, Mr. Ames indicated that he is not in favor of adopting them. He stated that Gateway has indicated that they will not have anything to do with what Towns do and they did the exact opposite when they sued the Town of Chester. Ms. Marsh explained that Gateway did not sue the Planning and Zoning Commission, they sued the Zoning Board of Appeals for waiving the regulations. Mr. Ames noted that his point is that the Chester ZBA has the right to grant exceptions and Gateway got involved because they did not approve of the variance being granted. Ms. Cable stated that perhaps the Chester Planning and Zoning Commission should have sued the ZBA if all of their Regulations were being overturned. She noted that to that extent, she agrees with Mr. Ames. Mr. Ames
stated that he does not want a group of people who are not from Old Lyme to dictate what is done in Old Lyme. He indicated that the existing Regulations are adequate. Ms. Marsh stated that no matter how adequate the Regulations are, the Zoning Board of Appeals can vary all of them. Ms. Marsh stated that the Old Lyme Zoning Board of Appeals supports the Regulations and are not trying to undercut them. She noted that this is a big problem now in Essex.
Development Area – Ms. Cable stated that the height and floor area definitions may cause concern as it is a substantive change. She noted that it measures height from the undisturbed ground at the lowest part of the building but it can be varied by the Zoning Commission.
Mr. Johnson stated that Special Permits give the Zoning Commission great discretionary power. He indicated that he would like to figure out a way to keep it from being so discretionary. Ms. Cable stated that there are standards for granting a Special Permit. Mr. Ames stated that he has a problem with their limiting the size of the house if it meets the other requirements of the Town. He noted that people by the property and pay the taxes on it to have a view of the river. Ms. Cable stated that the Regulation states that if one builds a house of 4,000 square feet or more they will have to pay more attention to fitting it into the landscape then if you were building a smaller house. She noted that this is not a bad thing. Mr. Johnson indicated that he does not feel that 4,000 square
feet is an overly large house. He noted that it is only 50’ x 40’, two stories.
Ms. Marsh stated that she is interested in protecting the shoreline and being a good member Town. She indicated that if the only way to get regulations adopted is by changing the square footage of the house, then she would be agreeable. Ms. Marsh stated that she is interested in hearing opinions from everyone, and pointed out that adopting something is better then adopting nothing.
Mr. Johnson stated that the waterfront is now over-regulated, specifically by the DEP. He indicated that the waterfront does not need another layer of regulation. Ms. Marsh stated that it is a limited commodity and it requires preservation and regulation. She indicated that she is a shoreline owner and she understands the need for regulation. Ms. Marsh stated that she is not resentful of the regulation because it applies to everyone. She indicated that she is also aware the shoreline is fragile. Ms. Marsh stated that there is always a balance between private rights and public rights.
Mr. Johnson stated that he does not want to be run by the environmental community and that is what Gateway is all about. Ms. Marsh indicated that he would be one of the decision makers on each of these applications.
A motion was made by Jane Cable to include “Developed Areas, definition of” in the Zoning Regulations. The motion was not seconded.
Mr. Ames suggested that the Commission defer discussion of the Gateway Regulations until more members are present. Mr. Johnson asked if the Chairman could find out from Gateway if the Commission could change the proposed Regulation and also find out the consequences for the Town of Old Lyme, if they do not approve the regulations. Mr. Kiritsis stated that he believes Ms. Krause indicated to the Commission that they could modify the Regulations. He indicated that he would get clarification.
Mr. Johnson stated that on Page 9 there is a regulation that requires the Commission to grant a Special Permit for a homeowner to install a flag pole. He indicated that he mows all the way to the water on his property and he does not want some one in the future to tell him he cannot. Ms. Marsh stated that his property is already developed. She noted that these proposed regulations are for the creation of new homes along the river. Ms. Marsh stated that she feels it is very personal for Mr. Johnson. She noted that the Regulations are written to preserve the river just as the Zoning Commission has requirements for septic systems so that they do not pollute the Long Island Sound.
Ms. Brown indicated that she would ask Ms. Krause the ramifications of the Zoning Commission not adopting the Gateway Regulations and how much latitude there is in the Zoning Commission revising the Regulation. She indicated that she would also ask Attorney Branse.
Section 8.9.3
Discussion on this Section was tabled to the next Regulation Rewrite Meeting.
Schedule A-1 and B-1
Ms. Brown indicated that the Commission previously asked that in the R-10 Zone, height be limited to 24 feet and 1 ½ stories.
Remove MFR-10 and MFR-15, RU-20, and all MFRU’s are to be eliminated.
Ms. Brown questioned whether the Commission wanted to change the height in the C-10 Zone. Mr. Ames indicated that all the C-10 is along the railroad tracks and will have no effect on Sound View. The Commission agreed to leave the height and number of stories as it currently is.
Ms. Brown suggested changing the Public Hearing date for the Regulations from the end of September to the end of October. Mr. Johnson stated that the Hearing should be announced in the press so that the public has the opportunity to respond. The Commission agreed to set a date of October 22, 2007.
3. Adjourn
A motion was made by John Johnson, seconded by Steve Ames and voted unanimously to adjourn at 9:05 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
| 
