OLD LYME ZONING COMMISSION
PUBLIC HEARING
Monday, September 14, 2009
The Old Lyme Zoning Commission held a Public Hearing on Monday, September 14, 2009, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were Jane Cable, Acting Chairman, Jane Marsh, Secretary, John Johnson, Patrick Looney, Beth Sullivan (alternate), Ted Kiritsis (alternate) and John Eichholz (alternate). Also present were Ann Brown, Zoning Enforcement Officer and Eric Knapp, Commission Counsel.
Acting Chairman Cable called the Public Hearing to order at 7:36 p.m.
1. Special Permit Application to convert to year round use and install 172 seats within the existing Church structure on property located at 287 Shore Road, Shoreline Church, Inc., applicant.
Chairman Risom noted that the Public Hearing for this item is continued to the October 14, 2008 Regular Meeting.
A motion was made by John Johnson, seconded by Pat Looney and voted unanimously to move Item 2 to after the Public Hearing for the Registry Regulations.
2. Petition to amend Old Lyme Zoning Regulations, Section 3, Definitions, to include Seasonal Dwelling, Seasonal Use, Year-Round Use and Year Round Dwelling and a new Section 11.19A, shall replace the existing 11.19 which shall set up a new system for the regulation of seasonal uses, including a registry of which properties contain seasonal dwellings and which contain year-round dwellings. As proposed, the registry will include all properties within the R-10 Zoning Districts of the Town of Old Lyme; Old Lyme Zoning Commission, applicant.
Chairman Risom read a description of the proposed Regulation Amendment and described the location of the R-10 Districts in Town. Chairman Risom explained that the proposed registry process is the result of a suit by the South Lyme Property Owners. He noted that the suit was withdrawn with the agreement that the Town invoke a registry process. Chairman Risom stated that Attorney Knapp, Commission Counsel, will explain the process. He indicated that Ann Brown, Zoning Enforcement Officer, will be working the process and potentially hiring additional staff to assist her.
Ms. Marsh read the legal notice as published in the New London Day.
Chairman Risom asked anyone interested in speaking to come to the podium when the time comes.
Attorney Eric Knapp stated that his role is to explain what the regulation does. He noted that the process is not complicated. He stated that once the October 1, 2009 Grand List is in place, the Zoning Enforcement Officer will send all of the R-10 District property owners a copy of the Registry Form and Regulation. Attorney Knapp explained that the instructions will indicate that all properties need to fill out the application whether they are year round or seasonal. He noted that the application will ask whether the property owner believes the property is year round or seasonal. He noted that the property owner will have until September 30, 2010 to return the form and any evidence that they would like to present along with it. Attorney Knapp stated that the Zoning Enforcement Officer
will review the application to see that it has all the needed components and if not, the property owner will be informed. He noted that at this time she will not be making any determinations at this time.
Attorney Knapp stated that once the application is completed and submitted, the Zoning Enforcement Officer or some one designated by the Zoning Commission will review the application and the information provided and either agree or disagree with what the property owner has indicated on the form. He explained that if the reviewer agrees, the process is done. Attorney Knapp stated that if the reviewer disagrees, the property owner will have the opportunity to bring the matter to the Zoning Board of Appeals for review. He explained that the purpose of the registry is to determine what properties are seasonal and the ones that are year round. Attorney Knapp stated that 11.19B, Conversion, is virtually the same as the current regulation. He explained that the goal is to gather information on the
existing status of homes.
Chairman Risom stated that he would like all comments addressed directly to the Commission. He asked that anyone interested in speaking should come to the podium and give their name and address. Chairman Risom noted that there are people in the foyer who are not able to come into the room and stated that if anyone objects to this they can adjourn the meeting and reschedule it to a larger venue.
Ms. Marsh read the Exhibit list for the record. Ms. Cable pointed out two typographical errors for corrections.
Chairman Risom asked for public comment in favor of the proposed amendment.
Attorney Ken Slater indicated that he represented the South Lyme Property Owners in their suit. He thanked the Commission for its hard work in putting this regulation together. He stated that the suit challenged the previous process for determining whether properties were seasonal or year round. He indicated that this process allows the homeowner to participate in the process. Attorney Slater pointed out another typographical error on Page 5. He pointed out a second one on Page 6 of 8.
Attorney Slater stated that the registry system is determining the zoning status, seasonal or year round, of a property and does not make a determination that other regulatory agencies are bound by the determination. He indicated that this should be clear to all.
Lou Riccelli, 21 Columbus, stated that he purchased his property in 1999 and found out shortly thereafter what seasonal meant. He indicated that he applied for conversion in early 2000 and was told that to hold off because there was a suit in progress. Mr. Riccelli stated that he received a copy of the Registry Regulation and notes that there is really no change. He stated that he is still paying year round taxes for using his property a few months of the year. He questioned why he has to pay year round taxes. Chairman Risom stated that he does not want to ignore the question but he does not have an answer for it; he noted that tonight they are only discussing the proposed regulation. Mr. Riccelli stated that nothing has changed in all these years. He stated that he purchased his
property from an estate and has no idea about the previous use.
Mr. Riccelli stated questioned whether the applications would be acted on in the order they are received. Ms. Brown indicated that it would be first in, first out. Ms. Cable stated clarified that they would have to be complete applications to be considered in.
Mr. Riccelli questioned whether there is a listing of the people who participated in the suit and whether they would be getting special treatment. Attorney Knapp replied that the Regulation states that the members of the South Lyme Property Association will be able to claim their property year round as a result of the litigation. He indicated that they are being treated differently. Attorney Knapp stated that this is a zoning regulation and does not alter other codes that properties are subject to. He indicated that for the purpose of zoning, those properties will be designated as year round but still need to meet building, health and other codes. Attorney Knapp stated that the proposed regulation is a zoning regulation. He explained that the purpose of the regulation is to gather as
much information as they can about each property. Mr. Riccelli stated that if the members of the lawsuit get year round designations and he does not, knowing that he has a larger property then most, his attorney has indicated that it would be illegal. Chairman Risom pointed out that the Zoning Commission did not set the list.
Barbara Pellicherry, 13 Champion Road, questioned how the areas were originally designated R-10 Zones. Chairman Risom explained that it the 1950s, when zoning was established, the zoning designations were set.
Jerry Brocki, 28 Old Colony Road, stated that the date of 1999 is discriminatory because the people that purchased after that were not given an opportunity to be part of the lawsuit. He stated that people are being rewarded if they occupied their homes illegally prior to 1999. Mr. Brocki stated that the date should be September 30, 2009, not 1999. Attorney Knapp stated that ultimately the goal is not to reward illegally procedure. He stated that they are trying to pick a date in time far enough back so that people were not occupying illegally with the intent to get an automatic year round status. Mr. Brocki pointed out that it will specifically exclude anyone who has purchased their property since then. He proposed that the Commission move the date forward to September 30, 2009.
Attorney Knapp stated that the goal is not to have people submit untruthful applications.
Dennis Bosio, 25 Sea View Avenue, stated that he has owned his home for 10 years and never lived their year round. He noted that his home has a foundation and heat. Mr. Bosio stated that they have put sewers in Point O Woods. He questioned why he is not automatically now designated year round. Chairman Risom stated that it is not automatic, he would have to apply for a change in status. Mr. Bosio noted that he does not have 10,000 square feet. Chairman Risom explained that he could appeal it to the Zoning Board of Appeals. Mr. Bosio questioned why they didnt just change the minimum land requirement for Point O Woods. Chairman Risom explained that there are many other aspects beside Health. He stated that they are trying to maintain the look of the beach areas.
Kathleen McKeough, 5 West Joffre Road, stated that the regulation is unclear that the participants in the lawsuit would get an automatic year round status. Attorney Knapp stated that the members of the south lyme property owners association still need to fill out the paper work for the registry but will get an automatic year round status designation from Zoning. He explained that they will still need to meet the requirements of other Codes. Ms. McKeough stated that she agrees with Mr. Bosios comments and asked the Commission to consider Point O Woods property owners requiring less than 10,000 square feet of land because of the sewers. She asked that the Commission also take into consideration the comment earlier regarding moving the date of 1999 forward in time.
Norbert Church, Attorney for Point O Woods WPCA, stated that the regulation acknowledges that the POW WPCA regulates their sewers. Chairman Risom agreed that it does. Attorney Church stated that the sewers will be done by the summer of 2010. He questioned what would happen if the sewers were not complete by the September 2010 deadline in the regulation. Chairman Risom stated that he would say it will not be an issue. He stated that for the purpose of Zoning it will not matter; it will matter when the application goes forward to the Health Department. Attorney Church suggested that the 10,000 square foot lot requirement should not apply to areas that have sewers because generally speaking land area is required for separation of wells and septic systems. He noted that these elements
are removed when there are sewers. Attorney Church asked the Commission to allow these homes to go to year round use without the land requirement.
Ed Meehan, 12 Grassy Hill Road, asked that the public hearing be left open. He stated that he is disappointed that the Commissions attorney has not issued an opinion on the proposed regulation. Mr. Meehan stated that the property owners that are part of the lawsuit are being treated different then the other property owners. He suggested that in Section 7C there be time limits on the ZEOs review of an application. Ms. Cable noted that the time limits are on the next page; all decisions will be made by September 30, 2011. He stated that there is no time limit on the ZEO deeming an application complete. Mr. Meehan stated that all these properties were given a hardship when zoning was instituted and made their properties nonconforming. He stated that he also thinks the date of
1999 should be moved forward as it is not fair to newer property owners.
Donald Schaub, 34 Center Beach, questioned whether the 1999 date applies if someone was using the house prior to 1999. Attorney Knapp stated that if someone can demonstrate use prior to 1999 and the use has not been abandoned, it should be sufficient. He pointed out that removing the heat would be an example of abandoning the use.
A motion was made by Jane Marsh and seconded by Jane Cable to close the public hearing for the Petition to amend the Old Lyme Zoning Regulations, Section 3, and new Section 11.19.A, Old Lyme Zoning Commission, applicant.
Mr. Johnson stated that the Public Hearing should be left open. He noted that there were 125 people present this evening and more may want to speak. Ms. Cable noted that everyone was given an opportunity to speak. Mr. Eichholz stated that Chairman Risom may have scared some of the people when he asked them not to repeat comments already made. He indicated that it takes a lot to come forward and speak. He noted that the podium should be moved to the back of the room. It was pointed out that keeping the Public Hearing open would not affect the process as the Grand List wont be released until January 31, 2010. Ms. Sullivan stated that she believes everyone that wanted to speak did so, but noted it would hurt to keep the hearing open for another month.
Motion did not carry, 2:3:0, with Tom Risom, John Johnson and Pat Looney voting against.
A motion was made by John Johnson, seconded by Pat Looney and voted unanimously to continue the Public Hearing for the Petition to Amend the Old Lyme Zoning Regulations, Section 3 and new Section 11.19.A, Old Lyme Zoning Commission, applicant to the October 14, 2009 Regular Meeting.
3. Petition to Amend the Old Lyme Zoning Regulations, Definition of Height in the Gateway Zone, Old Lyme Zoning Commission, applicant.
Chairman Risom noted that Mr. Kiritsis was seated for this hearing last month for him and would be seated again this evening.
Ms. Cable stated that the hearing was left open for comment from the Planning Commission. Ms. Cable read the Planning Commissions response for the record; she noted that they were in favor of it.
A motion was made by Jane Marsh, seconded by Jane Cable and voted unanimously to close the public hearing for the Petition to Amend the Old Lyme Zoning Regulations, Section 4.10, Definition of Height in the Gateway Zone, Old Lyme Zoning Commission, applicant.
Chairman Risom adjourned the Public Hearing at 9:20 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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