OLD LYME ZONING COMMISSION
REGULAR MEETING
MONDAY, June 8, 2009, 7:30 P.M.
Auditorium of Memorial Town Hall
52 Lyme Street, Old Lyme, CT
The Old Lyme Zoning Commission held a Regular Meeting on Monday, June 8, 2009, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were: Tom Risom (Chairman), Jane Cable (Vice Chairman), Jane Marsh (Secretary), Patrick Looney, Ted Kiritsis (Alternate), John Eichholz (Alternate), and Beth Sullivan (Alternate).
Chairman Risom called the meeting to order at 7:30 p.m. He noted that Mr. Kiritsis would be seated for John Johnson. Chairman Risom immediately recessed the Regular Meeting to conduct the Public Hearing. The Regular Meeting reconvened at 9:15 p.m.
1. Old Lyme Shore Beach Association – letter requesting the ZC to declare the “primary use” of the Association owned recreation fields at the North end of Gorton Avenue Extension to be recreation in order to place a “port-o-potty” and a storage shed for sports equipment on said property.
Gil Sousa, resident and member of the Board of Governors of Old Lyme Shores was present to explain the application. He explained that the deed contains a deed restriction that requires that the land be used for creation or a club house and for no other purpose. Ms. Brown stated that the shed and port-o-potty are not to support the activities on that lot, but rather the security barn. Mr. Sousa explained that the storage building will contain the recreational equipment which is currently kept in members’ garages and in the case of the raft, is left outside. He explained that they employ professional security guards now and there is a need for bathroom facilities. Ms. Cable stated that the shed is an accessory use to a recreational facility, but not the port-o-potty.
Ms. Brown stated that she would like the Commission to agree that they believe the shed is in support of recreation but she is afraid that the port-o-potty does not. Ms. Brown stated that she could write a zoning permit for both if the Commission agrees. Mr. Sousa indicated that the shed would be approximately 15 x 20’. Chairman Risom suggested that the port-o-potty could possibly have a fence around it for screening. Mr. Sousa stated that they would be agreeable to screening on two sides and the third side would be screened by the shed building. He noted that the port-o-potty would only be on site a few months of the year.
Ms. Cable stated that the storage shed is housing recreation equipment used off site. She questioned how this could meet the criteria of recreational use. Mr. Sousa indicated that the softball equipment will be stored in the shed and that is used on the site. Ms. Cable stated that she does not think this is a recreational use, more of a utility shed. Ms. Brown agreed and noted that if there was a clubhouse, she could see a shed as an accessory use to the shed. Chairman Risom noted that sheds are not permitted on a lot with a primary use. Ms. Cable stated that she believes it is accessory to the recreational use. She indicated that she would like to see screening required.
Mr. Looney suggested allowing Ms. Brown to write a permit for the shed, allowing the port-o-potty for June, July and August. Ms. Cable agreed. Mr. Sousa was instructed to fill out a zoning permit compliance application and include a detailed site plan of the shed and port-o-potty locations, along with adequate screening.
2. Site Development Plan/Coastal Site Plan Application to permit dock modifications and driveway/parking area improvements at South Lyme Marina, 8 Bank Road, Keith Neilson, P.E. Docko, applicant’s agent.
Ms. Cable stated that there were riparian rights claims from two abutters and Mr. Johnson requested an opinion from Attorney Branse before consideration of the application. Chairman Risom noted that everyone received a copy of Attorney Branse’s decision. He noted that Mr. Kiritisis would be seated to vote for this item.
A Motion was made by Jane Cable and seconded by Pat Looney to approve the Site Development Plan/Coastal Site Plan Application to permit dock modifications and driveway/parking area improvements at South Lyme Marina, 8 Bank Road, Keith Neilson, P.E. Docko, applicant, per plans submitted.
Hearing no discussion, Chairman Risom asked for a vote.
Motion carried unanimously.
3. Petition to Amend the Old Lyme Zoning Regulations, Section 12, Planned Residential Conservation Development, proposed new Section 12.9.1 PRCD Incentive, Osprey Landing, LLC, applicant.
No action taken. The Public Hearing for this item has been continued to the July 13, 2009 Regular Meeting.
A Motion was made by Jane Cable, seconded by Beth Sullivan and voted unanimously to move agenda item number 5 before agenda item number 4.
4. Special Permit Application to replace existing fence, 227 Shore Road, Alice Marie Fitzgerald, applicant.
Chairman Risom noted that Alternate Beth Sullivan would be seated for this item. Ms. Marsh stated that the fence is needed because the property is located on a very busy highway and the fence will block noise and light and allow privacy that would be impossible to achieve without a fence.
A Motion for Approval made by Jane Marsh, seconded by Pat Looney and voted unanimously, as follows:
Whereas, the Zoning Commission has received an application for a Special Permit approval to construct a six foot backyard fence, on property of Edward J. and Alice Marie Fitzgerald;
Whereas, the Zoning Commission has held a duly noticed public hearing on June 8, 2009, and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and from the applicant; and
Whereas, the proposed activity (fence, walls and terraces) is permitted by Special Permit under the Old Lyme Zoning Regulations Section 7.3.2 (b) and finds there are special circumstances of the property which the Commission determines a fence taller than four (4) feet in height appropriate. The Commission also finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13A, 13B and Section 9.1.3 of the Regulations with the following conditions and/or modifications required to be added to the final plan:
1. The measurement from the house to the trees which the permit will specify. The distance is 20 feet.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of the Zoning Regulations, in particular that the proposed use, buildings and other structures and site development are designed and arranged as follows:
- to achieve safety, comfort, privacy and convenience;
- to conserve as much of the natural terrain and provide for vegetation on the site to the extent practical;
- a 6 foot high fence that will reduce light trespass and noise from traffic;
- will not interfere with sight lines;
- to be in architectural harmony with the surrounding area; and
- 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 agree that Route 156, Shore Road at this location is very busy.
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for a Special Permit to construct a six foot backyard fence, on property of
Edward J. and Alice Marie Fitzgerald located at 227 Shore Road, Old Lyme, CT, with the modifications specified.
5. Special Permit Application to construct a new bus parking facility, 109 Four Mile River Road, Town of Old Lyme, applicant.
Chairman Risom stated that Alternate John Eichholz was seated for this public hearing and would be seated for the vote.
Ms. Cable stated that she would like to see restrictions on idling, noise and the horn blowing that the Jadon Drive residents complained about. Ms. Sullivan stated that she would like to see a restriction placed on the approval that would not allow buses to use Hatchetts Hill Road. She indicated that it is a very busy, windy road. Chairman Risom stated that he does not believe they can prohibit use, although he would be glad to ask them to restrict use of it.
Ms. Brown stated that she does not believe motor vehicles are covered by the Town noise ordinance. She noted that one can say no excessive idling, but it is not something easily enforced. Ms. Cable stated that she would like there to be conditions that there be no excessive idling, noise or use of horns. Mr. Looney suggested that they may have to test horns before they leave the site. The Commission agreed that they would eliminate the condition on the use of horns. Ms. Cable suggested that the Town deal with the issue of the use of Hatchetts Hill Road. Ms. Marsh stated that the Zoning Commission regulates property, not Town roads.
A Motion was made by Pat Looney and seconded by John Eichholz to approve the Special Permit Application to construct a new bus parking facility, 109 Four Mile River Road, Town of Old Lyme, applicant, as per the current plans submitted dated June 8, 2009, with the condition that there be no excessive idling or noise from the buses.
John Eichholz left the meeting at this time (10:05 p.m.)
6. Review finalized version of Registry Regulations and set Public Hearing.
Ms. Brown distributed revised regulations. She noted that some of these changes were done at the suggestion of Sue Bartlett and Kim Barrows. Chairman Risom indicated that he was not aware that the settlement extended the seasonal period from April 1 to November 15 to April 1 to November 30. Ms. Brown indicated that she was aware of that part of the settlement and pointed out that it also allows for some use in the off season.
Ms. Brown pointed out the changes in the revised regulations. She noted that most are very minor in nature and noted that Attorney Branse has not reviewed her changes. Ms. Cable indicated that they are good changes.
The Commission agreed to set a Public Hearing for the September Regular Meeting.
A Motion was made by J. Cable, seconded by Beth Sullivan and voted unanimously to set the Public Hearing for the Petition to Amend the Old Lyme Zoning Regulations, new Registry Section, Town of Old Lyme Zoning Commission, applicant, for the Monday, September 14, 2009 Regular Meeting at 7:30 p.m.
7. Approval of Minutes – Public Hearings and Regular Meeting of May 11, 2009
A Motion was made by J. Cable, seconded by P. Looney and voted unanimously to approve the minutes of the May 11, 2009 Regular Meeting and Public Hearing noting that the word “Eichholz” needs to be inserted where necessary.
8. Any new or old business
Ms. Marsh stated that the Connecticut River Estuary Regional Planning Agency will now have additional members; all Selectman will now be members. She noted that it will be interesting to see if Selectman actually attend as they are now required to attend so many regional meetings.
9. Correspondence
a. Letter from Conn. River Gateway Commission dated May 13, 2009 requesting that the Zoning Commission revise the Definition of Height within the Gateway Conservation Zone.
Mr. Looney stated that Gateway’s letter makes sense and it is something that the Zoning Commission should consider. Ms. Brown agreed and noted that it needs to be corrected in two places in the Old Lyme Zoning Regulations.
10. Zoning Enforcement
a. Zoning Enforcement Report
No report.
No report.
The meeting adjourned at 10:00 p.m. on a motion by Pat Looney; seconded by Jane Marsh and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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