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Zoning Commission Record of Vote 02/13/2012
RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR  MEETING
Monday – FEBRUARY 13, 2012, 7:30 P.M.
Auditorium of Memorial Town Hall
52 Lyme Street, Old Lyme, CT

1.   Meeting convened at 7:30 p.m.; those present and voting were the following members:  Jane Cable, Chairman, Jane Marsh, Secretary, John Johnson, Vice Chairman, Tom Risom (Regular Member, arrives at 8:23 p.m.), Ted Kiritsis (Alternate) and Harland Frazier (Alternate)

Also present:  Ann Brown, Zoning Enforcement Officer

Absent:  Pat Looney (Regular Member) and Joan Bozek (Alternate)

CONTINUED PUBLIC HEARING:

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.

        A Motion was made by J. Marsh, seconded by J. Johnson to CLOSE the Public Hearing on the application for 73 Swan Avenue, Bogdan and Francine Brocki.   No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, T. Kiritsis, H. Frazier    Opposed:  None   Abstaining:  None   The motion passed unanimously. 5-0-0

2.  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.  

        A Motion was made by J. Marsh, seconded by J. Johnson to CLOSE the Public Hearing on the Petition to amend the Zoning Regulations, Section 7.1.c.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, T. Kiritsis, H. Frazier  Opposed:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

PUBLIC HEARINGS:

Jane Marsh recused herself from this application

1.  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.

A Motion was made by J. Johnson, seconded by T. Kiritsis to CLOSE the Public Hearing on the application  for 88-1 Buttonball Road, Lot 6.  No discussion and a vote was taken.  In favor:  J. Cable, J. Johnson, T. Risom, T. Kiritsis, H. Frazier   Opposed:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

REGULAR MEETING:

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 on property located at 73 Swan Avenue, Bogdan and Francine Brocki, applicant/owners.  Seated:  J. Marsh, J. Cable, J. Johnson, T. Kiritsis, H. Frazier

        A Motion for Approval was made by J. Marsh, seconded by J. Johnson as follows:

        Whereas, the Zoning Commission has received an application for Special Permit approval which includes:  copy of  Municipal Coastal Site Plan Review Application (approved by ZBA 4/10/2010); exiting first floor plans dated December 18, 2009, sheet A1; existing second floor plan dated December 18, 2009 and revised to Feb. 11, 2009 (think typo), sheet A2; exiting third floor plans dated December 18, 2009, sheet A3 prepared by j.w. Flower Architect, 2 Essex Square, Essex,  CT  06426; property survey map prepared for Bogdan Brocki 73 Swan Avenue Old Lyme CT dated December 18, 2008 Scale 1” = 10’ by Cole – Harry E. Cole & Son engineering surveying planning; proposed first floor renovations dated November 7, 2011, sheet A4 and proposed second floor renovations dated November 7, 2011, sheet A5 prepared by j.w. flower Architect, 2 Essex Square, Essex, CT  06426; existing elevation drawings prepared by j.w.flower architect, for Francine & Bogdan Brocki Residence, 73 Swan Avenue dated December 18, 2009 as follows:  A4 – Existing South Elevation; A5 – Existing East Elevation; A6 – Existing North Elevation; A7 – Existing West Elevation and Proposed Renovation drawings prepared by j.w.flower architect, for Francine & Bogdan Brocki Residence, 73 Swan Avenue dated  February 1, 2012 as follows:  A1 - Proposed foundation plan; A2 Sq Ft – Proposed First Floor Plan; A3 Sq Ft – Second Floor Renovation; A2 – Proposed First Floor Plan; A3 – Second Floor Renovation; A4 – Proposed South Elevation; A5 – Proposed East Elevation;  A6 – Proposed North Elevation; A7 – Proposed West Elevation.

        Whereas, the Zoning Commission has held a duly noticed public hearing on January 9, 2012, and February 13, 2012, 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 allowed by Special Permit under the Old Lyme Zoning Regulations Section 9.4, 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 modifications required to be added to the final plan:

        1.  Subject to Ron Rose’s approval for modification of septic system.

        Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13A and B, in particular that the proposed use, buildings and or other 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;
to show that reasonable consideration has been given to the matter of restoring and protecting the ecosystem and floatable debris therein; and

        Whereas, the Zoning Commission finds that the applicant has demonstrated specific compliance with the Standards of Section 9.4 Modification Of Non-Conformity To Achieve Improvement, in particular that the proposed use, buildings or other structures and site development are designed and arranged as follows:
        a.  the proposed construction shall result in a general improvement of the Lot with regard to safe access, suitable drainage and adequate landscaping; and
        b.  there shall be no increase in the Nonconformity of Buildings and other Structures and site improvements.

        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 Swan Management, LLC, Bogdan and Francine Brocki, for a Special Permit under Section 9.4 for property at 73 S wan Avenue, Old Lyme, Ct, with the modifications specified.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, T. Kiritsis, H. Frazier  Opposed:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

2.  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.   

        A Motion for Approval was made by J. Marsh, seconded by J. Johnson as follows:

        Whereas, the Zoning Commission has submitted a petition to amend the Zoning Regulations with respect to Section 7, Accessory Uses, Buildings and Structures as shown in the attached text;

        Whereas, the Zoning Commission has held a duly noticed public hearing on January 9, 2012 and continued to February 13, 2012, and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and others; and

        Whereas, the Commission finds that there is sufficient evidence to demonstrate that the proposed changes to the text, a copy of which is attached, is appropriate;

      Whereas, the Commission finds that the proposed regulation changes will permit the Commission
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 and professional consultants; and

        Whereas, the Zoning Commission has received comments from the Office of Long Island Sound Programs of the Department of Energy and Environmental Protection, The SouthEastern CT Council of governments Regional Planning Commission, Old Lyme Planning Commission, CRERPA and Conn. River Gateway Commission all approving the change to Section 7 with respect to sheds;

        Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to the proposed modification to the Zoning Regulations to Section 7, Accessory Uses, Buildings and Structures as shown in the attached text.   An effective date of March 1, 2012 is set.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, T. Kiritsis, H. Frazier  Opposed:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

3.  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.

        A Motion for Approval was made by T. Kiritsis, seconded by J. Johnson as follows:

        Whereas, the Zoning Commission has received application for Coastal Site Plan approval which includes: Site Development Plan Application dated January 4, 2012 with accompanying materials:  Municipal Coastal Site Plan Review Application dated 11/10/2011; Letter dated January 4, 2012 from Donald W. Gerwick, P.E., L.S. requesting an exception from the Special Permit requirement;  Proposed Site Plan & Retention /Recharge Area Prepared for Ted & Linda Marsh  88-1 Buttonball Road, Old Lyme, Connecticut, Scale 1” = 20’ Dated December 29, 2011 (revision note Town Comments), further revised to February 9, 2012 for house location; Coastal Area Management Plan Prepared for Ted & Linda Marsh  88-1 Buttonball Road, Old Lyme, Connecticut, Scale 1” = 40’ Dated November 11, 2011, Revision date December 29, 2011revision note Town Comments, further revised to February 9, 2012 for house location; Floor Plans and Elevations prepared for Marsh Residence Buttonball Road, by KV designs dated March 9, 2011, A1, sheet 1 of 1;  

        Whereas, the Zoning Commission has held a duly noticed public hearing on February 13, 2012, and the commission has had an opportunity to hear testimony from citizens of Old Lyme and the applicant; and

        Whereas, the Coastal Site Plan approval is required under section 4 of the Old Lyme Zoning Regulations because the proposed house is within 200 feet of tidal wetlands; and

        Whereas, 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 compliance with the Standards of Section 4, in particular that the proposed use, buildings and other structures and site development are designed and arranged as follows:
a.      the proposed activity with any conditions or modifications imposed by the commission or board is consistent with the coastal policies in Conn. Gen. Stats. §22a-92;
        
                b.      that the proposed activity incorporates as conditions or modifications all reasonable measures which would mitigate potential adverse impacts on both coastal resources and future water-dependent development activities; and,

                c.      that the potential adverse impacts of the proposed activity on coastal resources and future water-dependent development opportunities with any conditions or modifications imposed by the Commission or Board are acceptable.  

        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 Edward and Linda Marsh for the Coastal Site Plan, for property at 88-1 Buttonball Road, Old Lyme, CT, with the modifications specified.  No discussion and a vote was taken.  In favor:  J. Cable, J. Johnson, T. Risom, T. Kiritsis, H. Frazier   Opposed:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

4.  Special Permit Application to permit an accessory apartment within a single-family house on property located at 138 Four Mile River Road, Nancy M. Meinke, applicant.  

        A Motion was made by J. Johnson, seconded by T. Risom to receive the Special Permit Application for 138 Four Mile River Road and set a Public Hearing for March 12, 2012.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, T. Risom, T. Kiritsis   Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

5.  Special Permit Application to permit a 6 foot high fence within the front setback on property located at 1 Haywagon Drive, Cori-Ann and David DiMaggio, applicants.

        A Motion was made by J. Johnson, seconded by T. Risom to receive the Special Permit Application for 1 Haywagon Drive and set a Public Hearing for March 12, 2012.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, T. Risom, T. Kiritsis   Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

6.  Petition to Amend the Zoning Regulations, Section 8.6 (lots on narrow streets), Town of Old Lyme Zoning Commission, applicant.

        A Motion was made by J. Marsh, seconded by J. Johnson to receive the Petition to Amend the Zoning Regulations, Section 8.6 to read as follows:  “The Minimum Required Front Yard setback from a Street Line of a town road or a state highway having a width of less than 50 feet shall be increased by one-half of the difference between 50 feet and the actual width of the Street” and any assorted typographical errors needing correction and set a Public Hearing for April 9, 2012.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, T. Risom, T. Kiritsis   Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

7. Approval of Minutes –   Minutes of the Public Hearing and Regular Meeting of January 9, 2012

        A Motion was made by T. Risom, seconded by J. Johnson to APPROVE the Minutes of the Public Hearing and Regular Meeting of January 9, 2012 with the following correction:  where stated “Ms. March”, it should be “Ms. Marsh”.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, T. Risom, T. Kiritsis   Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0
                        
8.  Any new or old business

        -  Review of Special Events regulations in the Zoning Regulations
        
9.  Correspondence

10.  Zoning Enforcement

a.      Zoning Enforcement Report
        b.      Site Inspection Report

11. Miscellaneous/Adjournment                   

        A Motion was made by T. Risom, seconded by H. Frazier, to adjourn the February 13, 2012 meeting.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, T. Risom, H. Frazier.  5-0-0  The motion passed unanimously and the meeting adjourned at 9:12 p.m.

                                                                                        

                                                                                                        Jane Cable, Chairman                    





APPROVED TEXT EFFECTIVE MARCH 1, 2012


7.1.c. Reduced setbacks in Residence Districts for some Accessory Buildings:

(i) on any Lot in a Residence RU-40 District, or a Residence RU-80 District, one (1) detached Accessory Building not used for human occupancy or for the housing of animals and not exceeding fifteen (15) feet in height and 200 square feet in Floor Area may extend into the Required Side for Rear Yard (but not the Required Front Yard) by a distance equal to one-half of the Minimum Required Side Yard or Rear Yard for the District;  and no such Accessory Building shall be any closer to the Streetline than the Principal Building.


(ii) on any Lot in a Residence R-20 District, or a Residence R-15 District, or Residence R-10 District, one (1) detached Accessory Building not used for human occupancy or for the housing of animals and not exceeding ten (10) feet in height and 100 square feet in Floor Area, may extend into the Required Side for Rear Yard (but not the Required Front Yard) by a distance of not less than five (5) feet from the rear or side boundary lines; and no such Accessory Building shall be any closer to the Streetline than the Principal Building.