OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, March 9, 2009
The Old Lyme Zoning Commission held a Regular Meeting on Monday, March 9, 2009 at 7:30 p.m. in the Auditorium of Memorial Town Hall. Members present were Jane Cable (Acting Chairman), Jane Marsh (Secretary), Patrick Looney, Ted Kiritsis (Alternate), and Beth Sullivan (Alternate). Also present was Ann Brown, Zoning Enforcement Officer.
1. Convene Meeting; announcement of voting alternates.
Acting Chairman Cable called the Meeting to order at 7:30 p.m. She noted that Mr. Kiritsis and Beth Sullivan would be seated for Mr. Johnson and Mr. Risom. Acting Chairman Cable recessed the Regular Meeting to conduct the Public Hearing at 7:32 p.m.
A motion was made by Jane Marsh, seconded by Ted Kiritsis and voted unanimously to add, as Item 1, the Petition to Amend the Zoning Regulations, Old Lyme Zoning Commission, applicant.
2. Petition to Amend the Old Lyme Zoning Regulations to correct and clarify technical errors contained in the comprehensive revision of the Old Lyme Zoning Commission, as adopted on March 7, 2008, Old Lyme Zoning Commission, applicant
A motion was made by Jane Marsh, seconded by Patrick Looney and voted unanimously to approve the Petition to Amend the Old Lyme Zoning Regulations to correct and clarify technical errors contained in the comprehensive revision of the Old Lyme Zoning Commission, as adopted on March 7, 2008, Old Lyme Zoning Commission, applicant, with the two additional corrections to Sections 8.8.1 and 9.6.2, effective April 1, 2009.
3. Special Permit Application to construct a structure in the Gateway Conservation Zone in excess of 4,000 square feet, 7 Town Landing Road, Steven A. and Barbara Gaudio, applicants.
No action taken. Public Hearing for this item is continued to the April, 2009 Regular Meeting, by request of the applicant.
4. Petition to Amend the Old Lyme Zoning Regulations to create a School District, Regional School District #18, applicant.
5. Petition to Amend the Old Lyme Zoning Map,
Ms. Brown noted that these two applications have been received from the Regional School District. She noted that they would like the Commission to schedule a Public Hearing. Acting Chairman Cable indicated that the Public Hearing would be set for May 11, 2009. Ms. Brown stated that they could set the Public Hearing for April knowing that it would have to be continued to May. The Commission agreed to set the Public Hearing for April 13, 2009.
6. Request for a waiver for the submission of the Special Permit for the construction of a structure over 4,000 square feet in accordance with 4.10.12.1 of the zoning regulations, 14 Lieutenant River Lane, H. & M. Davis, applicants.
Ms. Brown explained that there is a provision in the Gateway Regulations that says if the house is not going to show from the river, the Commission has the ability to waive the Special Permit requirement. She indicated that she felt the applicant should explain to the Commission why they believe the house will not be seen.
Mr. Davis displayed a map and circled his home for the Commission’s reference. He pointed out the topography that he believes will block his home from view. Mr. Davis showed photographs of various different angles and noting that it will not be seen from the Connecticut River. Ms. Cable questioned whether the house would be higher that it currently is. Mr. Davis indicated that it would not be.
A motion was made by Jane Cable, seconded by Ted Kiritsis, and voted unanimously to waive the submission of a Special Permit Application for the construction of a structure over 4,000 square feet in accordance with 4.10.12.1 of the Zoning Regulations, 14 Lieutenant River Lane, H. & M. Davis, applicants.
Ms. Barrows noted that Torrence Downes, representing Gateway, indicated that the house will not be visible from the Connecticut River.
Motion carried, 5:0.
7. Petition to Amend the Old Lyme Zoning Regulations, Section 12, Planned Residential Conservation Development, Osprey Landing, applicant.
Attorney Steven Sheehan was present to represent Osprey Landing. He noted that Osprey Landing owns property on Shore Lane. Attorney Sheehan stated that they would like the Petition to be set for Public Hearing. He indicated that the PRCD Regulations are not frequently used. Attorney Sheehan stated that they are proposing a plan for conscientious development. He indicated that the proposed amendment would allow some relief with regard to setbacks and with the intent of maximizing the contiguous open space. He noted that one of the comments he ears most often is that open space is not contiguous. Attorney Sheehan stated that larger setbacks defeat the goal of contiguous open space.
Ms. Cable stated that she attended a land use seminar recently and learned that the thing people dislike more than sprawl is density. Ms. Marsh noted that there are no sewers to support this dense type of development. She indicated that she understands the concept of the proposal but noted that they need to be sure that there is a limit to the density.
Mr. Kiritsis questioned whether they have presented the amendment to Open Space. Attorney Sheehan indicated that they have not. Ms. Brown stated that the Zoning Commission can refer the amendment to the Open Space Committee.
Acting Chairman Cable indicated that the Public Hearing would be set for the May 11, 2009 Regular Meeting.
8. Special Permit Application to construct a Dormer Addition to Existing Single Family Dwelling, 83 Shore Drive, Michael Brady, Applicant.
Ms. Brown explained that this application is for a dormer addition on a nonconforming lot under Section 9.1.3. Acting Chairman Cable stated that the Public Hearing would be set for April 13, 2009.
9. Special Permit/Coastal Site Plan Application to demolish existing dwelling and construct a new dwelling, 92-1 Millbrook Road, Richard and Kathleen R, applicants.
Ms. Brown explained that the applicants intend to demolish and reconstruct their home under Section 9.1.3. She noted that a Coastal Site Plan Review is also required. Acting Chairman Cable stated that the Public Hearing would be set for April 13, 2009.
10. Bond Release Request, Church of Christ the King
Acting Chairman Cable indicated that Tom Metcalf, consulting engineer, has written the commission indicating that the work has been completed and the $10,500.00 bond could be released. She noted that because a mylar is still required, any release would have to be conditional on a mylar being filed on the Land Records.
A motion was made by Jane Marsh, seconded by Pat Looney and voted unanimously to release the $10,500.00 bond for the Church of Christ the King, with the condition that the mylar be filed on the Land Records.
11. Graybill Property, Halls Road, Discussion on Chimney
Ms. Brown noted that there is nothing to report. She noted that Attorney McGarry is still working on the wording for a contingent Zoning Compliance approval. Ms. Marsh indicated that she does not think they can get a water supply. Ms. Brown noted that Mr. Graybill was having difficulty with that.
12. 83 Hartford Avenue, Sugar Shack
Mr. Grills stated that one of the issues was the shrubs in front of the parking area and he has decided to put in low holly bushes for sanitary reasons. He noted that if the Commission agreed with this they would be planted before he opens for the season. Mr. Grills stated that he has someone designing a cover for the vent and he believes it will be like a deck going around the vent. He noted that this should be enough to shield it from view.
Mr. Looney suggested using an awning type structure because using wood will make it exceptionally large. Ms. Brown noted that even fencing would take away the visual effect of a big aluminum vent. Mr. Looney stated that even a white chain link type fence might shield the vent effectively. Ms. Brown suggested that he bring a few ideas to the Zoning Office for her review prior to the next Zoning Commission meeting.
13. Registry Regulations
Ms. Brown stated that all members were sent a new text. She explained that there are several modest changes that Attorney Branse has proposed. Ms. Brown stated that Attorney Branse felt a small paragraph should be added regarding enforcement, and how the registry does not preclude enforcement. She noted that this change is forthcoming. Ms. Brown asked that the Commission members review the document and get comments to her. She indicated that she is hoping to have a final draft for the April Meeting.
11. Approval of Minutes - Regular Meeting Minutes of February 9, 2009
A motion was made by Jane Cable, seconded by Ted Kiritsis and voted unanimously to approve the minutes of the February 9, 2009 Regular meeting with the changes noted.
10. Any new or old business
Ms. Cable stated that she would like the Commission to discuss the wind turbine regulations at the next meeting. Ms. Brown stated that the Citing Council would be approving this type of application.
11. Correspondence
None
12. Zoning Enforcement
- Zoning Enforcement Report
No report.
No report.
13. Miscellaneous/Adjourn
A motion was made Pat Looney, seconded by Ted Kiritsis and voted unanimously to adjourn the meeting at 8:55 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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