OLD LYME ZONING COMMISSION
PUBLIC HEARING
Monday, January 9, 2012
The Old Lyme Zoning Commission held a Public Hearing 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 Public Hearing to order at 7:32 p.m.
Ms. Marsh read the Legal Notice for the two new Public Hearings (Items 3 and 4 below).
1. 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 (Section 9.1.3.2) on property located at 73 Swan Avenue, Bogdan and Francine Brocki, applicant/owners.
Chairman Cable read an e-mail from Jeff Flower, the applicant’s representative, requesting that the public hearing be continued to the February meeting and that no testimony be taken. In his letter Mr. Flower also grants an extension of time to keep the hearing open.
A motion was made by John Johnson, seconded by Jane Marsh and voted unanimously to continue the Public Hearing for the 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 (Section 9.1.3.2) on property located at 73 Swan Avenue, Bogdan an,d Francine Brocki, applicant/owners to the February 13, 2012 Regular Meeting
2. 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.
Ms. March read the Exhibit List for the record. Attorney John Bennet was present to represent the applicants. He submitted the green cards indicting that the abutters had been notified. Attorney Bennet reminded the Commission that they previously granted waivers for many items and noted that this is a purely administrative application. He noted that the word “outside” is not indicated on the Liquor Permit and alcohol is provided outside when there are weddings and so forth. He explained that they are not changing anything because this has been done on site since at least 1978. Attorney Bennet read the amended Liquor Permit.
Attorney Bennet stated that his clients purchased the Inn several years ago and they were under the impression that all permits were in place as the Inn had been operated in this manner for approximately 30 years.
Bob Nelson, Niantic, stated that he was the owner of the Bee and Thistle from 1982 to 2000. He indicated that he knew there were code violations; the septic system was above ground and he worked out the problems with Frank Kneen as he could afford them. He indicated that he worked out problems with the Fire Official in the same manner. Mr. Nelson stated that in today’s environment, he would think that the Town would want to help them to succeed. He asked the Commission to support the new owners.
Maggie Gallagher, Essex, stated that she is also a business owner in Old Saybrook. She stated that the business that the Inn offers is critical to the shoreline and it is important that everyone supports them.
Bob Potter, resident of 3 Rose Lane and former executive director of Lyme Art Association. He stated that he has seen the Inn evolve. Mr. Potter stated that the owners support Old Lyme and it is a historic part of the Community. He asked that they be supported.
Warren Hannas, adjacent property owner and long-term resident of Old Lyme, stated that he would like the Bee and Thistle to flourish and he believes this is a reasonable request, as it has been operated in this manner for many years.
Jim Elliott, owner of E.F. Watermelon Company, looks forward to the Bee and Thistle prospering because it is an integral part of the art community. He asked the Commission to support them.
Ms. Rufo, owner, stated that she hopes that the Commission understands what they are trying to do. She indicated that they have chosen this lifestyle and thanked everyone for their support.
Hearing no further comments, Chairman Cable asked for a motion to close the Public Hearing.
A motion was made by John Johnson, seconded by Tom Risom and voted unanimously to close the Public Hearing for 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.
3. Municipal Coastal Site Plan Review Application to permit a single family residential home on property located at 17 Sill Lane, GALCO, LLC, applicant.
Ms. Marsh read the exhibit list for the record; she read the letter from Marcy Balint, OLISP, in its entirety.
Robert Pfanner was present to represent the applicant. He explained the property is located in both the R-15 and R-40 Zones and they have located the house to take advantage of the smaller setbacks in the R-15 Zone. Mr. Pfanner stated that the house is approximately 1,500 square feet and will have minimal impact. He noted the locations of both the well and septic system. Mr. Pfanner stated that they spent three or four months before the Inland Wetlands Commission to get approval. He noted that Ms. Balint questioned the disturbance line. He stated that they are leaving as much existing trees and vegetation as they can on the back side. Mr. Pfanner stated that the surface of the driveway was discussed with the Inland Wetlands Commission. He noted that the driveway is fairly
small and it was felt that there would not be much drainage coming off the driveway.
Mr. Pfanner stated that there are two septic systems on the property, one being the neighbors. He explained that the neighbors septic will remain on the property and lawyers are drawing up an agreement. He noted that they are putting in a large landscape buffer to the wetlands to help with infiltration. Mr. Pfanner stated that most of the drainage goes to Mill Brook and the design is taking advantage of the long travel time. He noted that the parcel is 2.1 acres. Mr. Pfanner stated that Sheet 2 shows the type of plantings for the buffer.
Ms. Brown stated that Marcy Balint did not have all the information from the Wetlands Commission. She indicated that she put the information in the Zoning file because the Wetlands Commission had some concerns and the Wetlands Commission, two soil scientists and the applicant went through the plan very thoroughly. Ms. Cable questioned whether there were conditions of the Wetlands approval. Mr. Pfanner indicated that there are conditions of approval and Ms. Cable read them for the record. She noted that the Wetlands Commission did not find that the construction would impact the wetlands. Mr. Pfanner reiterated that the drainage goes away from the wetlands, not toward the wetlands.
Ms. Marsh noted that the plan indicates that an invasive species will not be removed. Ms. Brown noted that the soil scientist hired by the Town and paid for by the applicant indicated that there is an invasive species that she would not recommend be removed because the removal would be more disruptive then the existence of the invasive species.
Mr. Risom questioned whether there would be a full basement and Mr. Pfanner indicated that there is a basement.
Ms. Brown stated that the map does not show how badly his lot has been treated by the neighbors. She noted that there are four-wheel trails that have ruined much of the lot. She noted that this construction may improve drainage because there will be grass.
No one present spoke in favor of or against the application.
Ms. Marsh questioned whether the reason that the Sanitarian did not approve the application because of the neighbor’s septic system. Mr. Pfanner stated that they are working out easements. Ms. Brown stated that the Commission can act on the application because the house will not be constructed until Mr. Rose approves the plan.
Hearing no further comments, Chairman Cable asked for a motion to close the Public Hearing.
A motion was made by Pat Looney, seconded by John Johnson and voted unanimously to close the Public Hearing for the Municipal Coastal Site Plan Review Application to permit a single family residential home on property located at 17 Sill Lane, GALCO, LLC, applicant.
4. Petition to amend the Zoning Regulations, Section 7.1.c, Reduced Setback in Residence Districts for some Accessory Buildings, Zoning Commission, Town of Old Lyme, applicant.
Ms. Cable stated that the Town’s computer system was down today so communications were not able to be received. She indicated that she knows that there are two residents in Town who were not able to email comments. Ms. Cable suggested continuing the Public Hearing to the February Regular Meeting.
A motion was made by Pat Looney, seconded by John Johnson and voted unanimously to continue the Public Hearing to the February 13, 2012 Regular Meeting on the Petition to amend the Zoning Regulations, Section 7.1.c, Reduced Setback in Residence Districts for some Accessory Buildings, Zoning Commission, Town of Old Lyme, applicant.
The Public Hearing adjourned at 8:24 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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