OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, January 9, 2012
The Old Lyme Zoning Commission held a Regular Meeting on Monday, January 9, 2012, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were: Jane Cable, Chairman, Jane Marsh, Secretary, John Johnson, Vice Chairman, Tom Risom (Regular Member) and Pat Looney (Regular Member). Also present: Joan Bozek (Alternate who arrived at 7:55 p.m.) and Ann Brown, Zoning Enforcement Officer.
Chairman Cable called the meeting to order at 7:32 p.m. Chairman Cable immediately recessed the Regular Meeting to conduct the Public Hearing. She reconvened the Regular Meeting at 8:24 p.m.
1. Special Permit Application to permit construction of a 4’ x 6’ concrete pad to support ramp hinge, a 3.5’ x 25’ ramp and a 6.8’x 15’ floating dock, for occasional private use by property owner only on property located at 11 Halls Road, James Graybill, applicant.
Ms. Brown stated that at the December meeting there were comments from the Fire Marshal and the Commission members expressed a desire to visit the property. She noted that although the Public Hearing is closed, a new letter has been received from the Fire Marshal who is considered staff. Ms. Marsh read this letter dated January 9, 2012, from David Roberge, Fire Marshal, indicating that all his concerns have been addressed by the applicant.
Ms. Brown stated that there was question as to whether there is a fire lane easement and she presented the original map which clearly depicts the right-of-way. She indicated that the Commission approved a site plan several years ago (2008) that has a loading zone; she noted that these are existing, approved site plans.
Ms. Marsh read Mr. Roberge’s original letter of December 12, 2011, at the request of Commission member Pat Looney. She noted that Mr. Roberge’s letter references a January 9, 2012 letter of Mr. Graybill to Mr. Roberge which cannot be part of the Public Hearing record as it was received after the close of the Public Hearing.
Ms. Brown stated that she has made two draft motions for the Commission, one for approval and one for denial.
A motion was made by Tom Risom, seconded by Pat Looney and voted unanimously to approve the Special Permit Application to permit construction of a 4’ x 6’ concrete pad to support ramp hinge, a 3.5’ x 25’ ramp and a 6.8’x 15’ floating dock, for occasional private use by property owner only on property located at 11 Halls Road, James Graybill, applicant, as follows:
Whereas, the Zoning Commission has received application for Special Permit approval to allow construction of a dock on property of Graybill Properties, LLC, at 11 Halls Road, Old Lyme, CT, one sheet titled, “Property Survey Plan property of Graybill Properties, LLC 11 Halls Road, Old Lyme, Connecticut”, prepared by Angus MacDonald Gary Sharpe & Associates, Inc., dated December 22, 2010, sheet one of three, with 8 ½ x 11 site maps;
Whereas, the Zoning Commission has held a duly noticed public hearing on November 14, 2011, 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 Special Permit under the Old Lyme Zoning Regulations Section 4.10.3, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 13A and B of the Regulations with the following conditions:
- The Commission finds that this dock is a private, accessory structure for the use of the owner of the property;
- The Commission concludes that the parking spaces shown on the existing pavement, as required by the Department of Environmental Protection, are acceptable for this accessory use;
- In accordance with the letter from the Fire Marshal dated December 12, 2011, the overgrown vegetation which restricts access to the Lieutenant River must be removed and maintained in such a way so as to minimize future growth; and
- Some sort of crash protection (design to be acceptable to the Fire Marshal) shall be installed to prevent a motor vehicle from traveling off the bulkhead into the river; and
- A fence or some “fall protection” (design to be acceptable to the Fire Marshal) for individuals standing on the bulkhead must be installed and maintained; and
- Appropriate signs (design and location to be acceptable to the Fire Marshal) shall be installed and maintained to identify both the “Fire Lane” and the presence of the “Fire Well” in order to restrict parking so motor vehicles do not impede access to the bulkhead by emergency apparatus;
- The owner of the property must maintain snow plowing and clearing on the old roadbed;
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13A, in particular that the proposed use and 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 finds that the applicant has demonstrated compliance with the General Standards of Section 4.10.3, 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 Special Permit to allow construction of a dock and walkway on property of Graybill Properties, LLC, at 11 Halls Road, Old Lyme, CT, with the modifications specified.
2. Special Permit Application to permit raising house in compliance with variance granted; install a new septic system; reduce the number of bedrooms and convert to single family house; modify the house to be more conforming in size, location and number of stories on property located at 73 Swan Avenue, Bogdan and Francine Brocki, applicants/owners.
No action taken. The Public Hearing for this item has been continued to the February 13, 2012 Regular Meeting.
3. Special Permit Modification Application to permit outdoor liquor service on property located at 100 Lyme Street, Two Jacks, LLC d/b/a Bee & Thistle Inn, applicant/owners.
Chairman Cable stated that the waivers requested were granted at the December 12, 2011 Regular Meeting. Ms. Brown stated that there is specific language that the applicant requested be added to the permit and provided it to the Commission so that it could be incorporated into the motion.
A motion for approval was made by John Johnson, seconded by Pat Looney and voted unanimously to approve the Special Permit Modification Application to permit outdoor liquor service on property located at 100 Lyme Street, Two Jacks, LLC d/b/a Bee & Thistle Inn, applicant/owners as follows:
Whereas, the Zoning Commission has received an application for Modification to a Special Permit for liquor service at the Bee and Thistle Inn at 100 Lyme Street to allow outdoor liquor service; and
Whereas, the original Special Exception (Special Permit) was approved by the Zoning Commission in 1978 and allowed liquor service only inside the building; and
Whereas, the Zoning Commission has held a duly noticed public hearing on January 9, 2012, and the commission has had an opportunity to hear testimony from citizens of Old Lyme and from the applicant; and
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 Two Jacks, LLC., d/b/a Bee & Thistle Inn, for Modification to a Special Permit for liquor service to allow outdoor liquor service at special events and more specifically, the liquor service at special events may be from a temporary bar set up outdoors during the event on property located at 100 Lyme Street, Old Lyme, CT.
4. Municipal Coastal Site Plan Review Application to permit single family residential home on property located at 17 Sill Lane, GALCO, LLC, applicant.
Mr. Risom stated that he is comfortable approving the application and letting the Health Department deal with the septic system situation. Ms. Cable stated that she would like to have a pervious surface on the driveway. Mr. Looney stated that the maintenance of a pervious surface would be difficult. He also noted that the soils are very good and it will not make much of a difference for such a short driveway. Ms. Cable stated that she is concerned with the driveway draining into Mill Brook. Mr. Risom stated that the water will be absorbed before it gets to Mill Brook.
A motion was made by Pat Looney, seconded by John Johnson and voted unanimously to approve the Municipal Coastal Site Plan Review Application to permit single family residential home on property located at 17 Sill Lane, GALCO, LLC, applicant as follows:
Whereas, the Zoning Commission has received a Coastal Site Plan Review Application for construction of a single family house within 200 feet of tidal wetlands, with accompanying maps: Improvement Location Survey, Property of GALCO, LLC Location 17 Sill Lane – Old Lyme, CT dated June 21, 2011 and revised through 12/5/2011 Sheet 1 of 2; Sheet 2 of 2 dated June 21, 2011 revised through 11/15/2011 to add wetlands permit to sheet and a copy of the Wetlands Map noting the site location;
Whereas, the Zoning Commission has held a duly noticed public hearing on January 9, 2012, and the commission has had an opportunity to hear testimony from citizens of Old Lyme and from the applicant; and
Whereas, the proposed use requires a Coastal Site Plan approval under the Old Lyme Zoning Regulations Section 4.2.2, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 4 of the Regulations.
Whereas, the Commission finds that the applicant has demonstrated:
a. consistency of the proposed activity with the applicable policies in the Coastal Management Act (Conn. Gen. Stats. §22a-92);
b. the acceptability of potential adverse impacts of the proposed activity on coastal resources as defined in Conn. Gen. Stats. §22a-93(15);
c. the acceptability of potential adverse impacts of the proposed activity on future water-dependent development opportunities as defined in Conn. Gen. Stats. §22a-93(17);
d. the adequacy of any measures taken to mitigate the adverse impacts of the proposed activity on coastal resources and future water-dependent development opportunities; and
Whereas, the Commission finds 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;
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 has deliberated and considered the evidence presented at the hearing as well as the input of its staff, professional consultants, and the Office of Long Island Sound Programs; and
Now, therefore be it resolved that the Old Lyme Zoning Commission GRANTS approval to GALCO, LLC for the Coastal Site Plan for property at 17 Sill Lane, Old Lyme, CT.
5. Petition to amend the Zoning Regulations, Section 7.1.c, Reduced setback in Residence Districts for some Accessory Buildings, Old Lyme Zoning Commission, applicant.
No action taken. The Public Hearing for this item is continued to the February 13, 2012 Regular Meeting.
6. Site Development Plan Application and Municipal Coastal Site Plan Review Application to permit construction of a single–family house on property located at 88-1 Buttonball Road, Lot 6, Edward and Linda Marsh, applicants.
Jane Marsh recused herself and Joan Bozek was seated in her place. Donald Gerwick, PE, was present to represent the applicants. He explained that the Gateway requires a Special Permit for houses in excess of 4,000 square feet. Mr. Gerwick stated that they are approximately 8,000 feet from the nearest point of the Connecticut River. He explained that this is a five acre lot adjacent to the original farm. Mr. Gerwick stated that he went onto Big Maps and zoomed in to find the existing neighboring homes. He noted that the proposed house will be located between these two homes and noted that these homes are barely seen. Mr. Gerwick stated that looking at the height of the trees along the shoreline it will be virtually impossible to see this home, even in the winter. Mr. Gerwick
requested that the Commission waive the requirement for a Special Permit.
A motion was made by Tom Risom, seconded by Pat Looney and voted unanimously that in compliance with Section 4.10.12.1 of the Zoning Regulations, a Request of an Exception to requiring a Special Permit for construction of a single–family house on property located at 88-1 Buttonball Road, Lot 6, which is in the Connecticut River Gateway Conservation Zone is granted, finding that the proposed structure or structures will not be visible from the Connecticut River.
A motion was made by John Johnson, seconded by Joan Bozek and voted unanimously to receive the Municipal Coastal Site Plan Review Application for 17 Sill Lane and set a Public Hearing for February 13, 2012.
7. Approval of Minutes
A motion was made by John Johnson, seconded by Tom Risom and voted unanimously to approve the Minutes of the Public Hearing and Regular Meeting of December 12, 2011.
8. Any new or old business
Chairman Cable stated that former Commission Member Eric Fries passed away last week.
- Review of Special Events regulations in the Zoning Regulations – further discussion
Ms. Brown explained that they discovered that there is no ability in the new Regulations to monitor special events. She noted that in the past when an establishment or person wanted to hold a special event they would apply for a permit and it would be signed off by the appropriate Town officials, including herself. Ms. Brown stated that this could be handled by Ordinance. She indicated that she wanted to bring this to the Commission’s attention.
- Discussion of Ground Water Protection Study
Ms. Cable explained that she has attended a few of Steve Ross’s Water Resource Committee Meetings where she met Mark Cohen. She noted that Mr. Cohen’s business, Atlantic States Water Protection, has received grants for water resource work and he is assistance Steve’s committee with identifying ground water sources for the Town of Old Lyme. Ms. Cable stated that he sent her a report that he did for another Town. She noted that it is an incredible report. Ms. Cable stated that another $5,000.00 is required to finish the job for Old Lyme. She stated that this would be an excellent tool for laying the ground work to protect Old Lyme’s groundwater and aquifers. Ms. Cable stated that the Water Resource Committee has no budget.
Ms. Cable stated that the Commission is under on their legal budget this year. She indicated that they also have extra money in the engineering budget. Ms. Brown stated that the Board of Finance has also given the Commission money in their budget for just this type of thing. Mr. Risom stated that he does not see this report becoming a plan. Ms. Cable stated that she would like to see Steve Ross’ committee become a Commission that controls the quantity and quality of groundwater.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to designate the appropriation for the LID to the Ground Water Protection Study.
Ms. Brown stated that she attended a meeting today in Hartford at the request of Ron Rose. She noted that they met with Representative Guiliani and the Commissioner and Assistant Commissioner of the Department of Health. She explained that Dennis Greci from DEP was also present. Ms. Brown stated that Mr. Rose requested the meeting to try to get the DEP to give up the requirement that they would approve alternate technology and give it to the Department of Health.
Ms. Brown stated that the State paid for a study in Old Colony that shows pollution in Old Colony. She indicated that Mr. Rose was not happy because only four wells were tested. Mr. Risom stated that he heard $75,000.00 was paid for the study. She noted that all have agreed that the communication has been bad and have agreed to include the local health department in the future. Ms. Brown stated that the Commission of DOH stated that the beach communities have contacted them about sewers. She noted that the conclusion of the meeting is that there are many groups in Old Lyme and all should be involved in what happens in the beach areas and all pollution needs to be dealt with. Ms. Brown suggested having the Zoning Commission take the reins. She stated that all the
groups needs to come together and come to a vision and consensus and how it can deal with the calculated pollution. Ms. Brown stated that they also have money available to help Town’s with pollution abatement studies.
Mr. Risom stated that the point of the meeting was that the Sanitarian feels that a few technology systems is all that is needed. He indicated that they are at the same log-jam that they were in in 1998. Ms. Cable stated that septic systems are polluting wells rather than the Long Island Sound. She noted that public water could be made available.
Ms. Cable stated that she is willing to put in the time with this effort if there will be resolution at some point. Mr. Risom stated that he spent decades on the WPCA just churning, which is why he stepped down.
Ms. Marsh stated that the DEP likes pipes, not septic systems. Mr. Risom questioned whether there is a process or instrument in the Town that prevents a seasonal home from being occupied year round. Ms. Brown stated that the Health Department could do an enforcement, although she is not aware that they ever have.
Ms. Bozek stated that she thinks any change will come working with other Towns that are having the same problems. Mr. Risom stated that the Zoning should work on what they want the beach areas to look like after the solution is instituted, whatever that solution may be.
9. Correspondence
None
10. Zoning Enforcement
a. Zoning Enforcement Report
None
b. Site Inspection Report
None
11. Miscellaneous/Adjourn
The meeting adjourned at 9:41 p.m. on a motion by Tom Risom; seconded by Pat Looney and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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