OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, February 13, 2012
The Old Lyme Zoning Commission held a Regular Meeting on Monday, February 13, 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, arrived at 8:23 p.m.), Ted Kiritsis (Alternate) and Harland Frazier (Alternate). Also present was 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 8:34 p.m.
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
Ms. Brown stated that Section 9.4 lists criteria by which the Commission should evaluate this application and there are some that are not applicable, such as signs. She suggested that the Commission may want to review the criteria and note that which is not applicable. Ms. Marsh read Section 9.4.
A Motion for Approval was made by Jane Marsh, seconded by John 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. So voted unanimously, 5:0.
2. Petition to Amend the Zoning Regulations, Section 7.1.c, Reduced Setback in Residence Districts for some Accessory Buildings, Town of Old Lyme Zoning Commission, applicant.
Seated: J. Marsh, J. Cable, J. Johnson, T. Kiritsis, H. Frazier
Chairman Cable noted that the proposal is as presented with the exception of the square footage which will be reduced from 200 square feet to 100 square feet.
A motion for approval was made by Jane Marsh and seconded by John 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. Motion carried unanimously, 5:0.
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.
Seated: J. Marsh, J. Cable, J. Johnson, T. Kiritsis, T. Risom
Chairman Cable noted that she attempted to visit the property but it was gated. She indicated that the lot is meadow-like. Mr. Kiritsis read the proposed motion of approval.
A motion for approval was made by Ted Kiritsis and seconded by John 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. Motion carried unanimously, 5:0.
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.
Chairman Cable noted that she lives directly across the street from this property and asked Mr. Meinke if he would have a problem with her participating. Mr. Meinke indicated that he would be fine with Ms. Cable participating.
A motion was made by John Johnson, seconded by Tom Risom and voted unanimously to receive the Special Permit Application for 138 Four Mile River Road and set a Public Hearing for March 12, 2012.
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 John Johnson, seconded by Tom Risom and voted unanimously to receive the Special Permit Application for 1 Haywagon Drive and set a Public Hearing for March 12, 2012.
6. Petition to Amend the Zoning Regulations, Section 8.6 (lots on narrow streets), Town of Old Lyme Zoning Commission, applicant.
Chairman Cable indicated that she would like to add the correction of miscellaneous typographical errors to this application as she has found one.
Ms. Brown noted that the way the Regulation is currently written was an error.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously 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.
7. Approval of Minutes
A motion was made by Tom Risom, seconded by John Johnson and voted unanimously 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”.
8. Any new or old business
Review of Special Events Regulations in the Zoning Regulations
Ms. Brown stated that she has searched and found one Town that has Regulations for special events. She stated that it was very detailed and onerous. She noted that policy has been in Old Lyme that if someone comes to the Town for a special lliquor permit she will sign off as Zoning Officer and the Fire Marshal will also review it. Mr. Kiritsis stated that there were limits to special events in the Regulations. Mr. Johnson stated that he believes the limits to the special events were part of the site plan approval, such as with the Florence Griswold.
Ms. Brown stated that she believes the Commission should just continue with past practices unless and until it becomes a problem.
Ms. Brown stated that the Gaudios, 7 Town Landing, have not been able to do the work approved by the Zoning Commission because of a lawsuit. She indicated that they have received two extensions, the last one being 18 months to commence work. She noted that the Regulations require that work be completed in three years. Ms. Brown asked the Commission for confirmation that when they granted an 18-month extension to commence work they were also granting an extension to the completion of work. The Commission members agreed that that was their intent. Ms. Brown noted that the legal issues have been resolved and work has begun.
Ms. Brown stated that the two lawsuits in Federal Court are proceeding. She noted that she is awaiting final plans from Dimitri Tolchinski.
9. Correspondence
None
10. Zoning Enforcement
a. Zoning Enforcement Report
None
b. Site Inspection Report
None
11. Miscellaneous/Adjourn
The meeting adjourned at 9:12 p.m. on a motion by Tom Risom; seconded by Harland Frazier and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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