OLD LYME ZONING COMMISSION
PUBLIC HEARING
Monday, February 13, 2012
The Old Lyme Zoning Commission held a Public Hearing 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, arrives at 8:23 p.m.), Ted Kiritsis (Alternate) and Harland Frazier (Alternate). Also present was Ann Brown, Zoning Enforcement Officer
Chairman Cable called the Public Hearing to order at 7:32 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 (Section 9.1.3.2) on property located at 73 Swan Avenue, Bogdan and Francine Brocki, applicant/owners.
Chairman Cable noted that this Public Hearing has been continued from the January Regular Meeting and the legal ad was read at that time. Ms. Marsh read the list of Exhibits for the record.
Jeff Flower, Architect, was present to represent the applicants. He submitted proof of mailing for the record. Mr. Flower explained that they currently have a variance from the Zoning Board of Appeals to raise the house 3’ 4” to meet FEMA requirements. He noted that they are requesting to add an addition to the side of the house that would be conforming and remove some existing additions. He presented pictures of the existing home. Mr. Flower stated that the lot is very flat and the home is currently only six inches above the existing grade; he noted that the house is the lowest in the area. He stated that as part of the project of raising the house they will be doing grading so that the water will run toward the street and alley. Mr. Flower stated that they will not
be encumbering the neighbors with the drainage. He displayed the plan for the new house and noted that it will have a new septic system. Mr. Flower stated that the new septic system will be repair compliant.
Mr. Flower explained that the cross-hatched area on the plan, the front porch, will be removed resulting in an increase in the front setback. He noted that the house is currently 8’ from the front property line and will be more compliant at 15’ from the front property line. He pointed out another area that will be removed, along with a stairway near the alley. Mr. Flower stated that the existing fence shown is on the neighbor’s property by a few inches. He noted that they will be removing a back porch that will increase the rear setback. Mr. Flower stated that the difference in square footage between the new area on the first floor and what they are removing is a net loss of 52 square feet. He explained that they are adding additional square footage on the second
floor, resulting in decent size bedrooms. He noted that the house is currently 9 bedrooms in 4 units and they are making it a single-family home.
Mr. Flower stated that they are reducing many nonconformities: front setback, coverage, floor area, number of units, number of bedrooms and rear setback. He noted that it is currently a two story house with an attic that contained bedrooms and they are reducing it to a two story home.
Mr. Flower explained the process that will be used to raise the house. He noted that they will raise the grade and the house will be constructed on a slab. Mr. Flower stated that the process they will be using is the same that he used last year when they raised 9 Sea Lane. Mr. Flower noted that the ridge height will be approximately 28’ and noted that they have a variance to do this. He indicated that if the applicant had a choice they would much rather tear the house down and start from scratch. He noted that they were before the Zoning Board of Appeals several times and it became obvious that if they tore it down they would have to build a conforming house. He indicated that they are before the Zoning Commission to get approval to make alterations that make the existing house
more conforming.
Mr. Flower stated that the applicant has to get a well exception from the State because the septic is located within 75’ of a neighboring well; this application was made and is in process. He noted that the new septic location is farther from the neighboring well then the existing one. Chairman Cable stated that the Public Hearing should remain open pending approval from the State. Mr. Johnson stated that the Commission could make it contingent on Health approval. Mr. Flower agreed.
Mr. Flower stated that the FEMA requirements changed last year, resulting in no change for this property.
Frank Lishing, 75 Swan, stated that this would beneficial for both the Town and the neighborhood and urged the Commission to approve the application.
Hearing no further comments, Chairman Cable asked for a motion to close the Public Hearing.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to close the Public Hearing on the Special Permit Application to permit raising the 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.
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.
Chairman Cable noted that the Public Hearing for this item has been continued from the January Regular Meeting and the legal notice was read at that time. Ms. Marsh read the list of Exhibits.
Ms. Brown explained that she felt it might make sense to reduce the setback for small sheds in R-20, R-15 and R-10 districts. She noted that that small is defined in the proposal as not larger than 100 square feet and no taller than 10’ in height. She noted that Mr. Looney suggested that it also include the restriction that the shed could not be located any closer to the street that the primary structure. She indicated that he also felt that a 200 square foot/15’ high shed should be the limit, and no closer than 5’ to the side and rear setbacks. Chairman Cable and Mr. Kiritsis felt that 200 square feet is a rather large shed. Chairman Cable stated that the one letter they received was from a resident that felt 15’ in height was too low. Ms. Cable noted that she
does not want to make it difficult for people but she feels this is too large for the beach areas.
Chairman Cable stated that she feels the original proposal is reasonable. Mr. Johnson stated that 100 square feet would not be large enough to be a garage. He agreed that 15’ was too high. Ms. Brown clarified that the stipulation that the shed be no closer than the primary structure only applies to this exception for sheds. The Commission members acknowledged that it would not apply to a conforming structure such as a garage that could be located in a conforming location closer to the street then the primary structure.
No one present spoke in favor of or against the application. Hearing no further comments, Chairman Cable asked for a motion to close the Public Hearing.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to close the Public Hearing on the 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.
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 from this application. Tom Risom arrived at this time. Mr. Johnson read the legal notice for the record as published in the New London Day. He also read the list of Exhibits for the record. Mr. Johnson read an email dated February 8, 2012, from Marcy Balint, OLISP, in its entirety.
Donald Gerwick was present to represent the applicants. He stated that the property is just under five acres and the proposed dwelling is 356’ back from the street. Mr. Gerwick explained that the dwelling is located 104’ from the nearest tidal wetlands. He noted that the views are blocked from Johnnycake Hill and open space which cannot be clear-cut, which is the reason for their waiver request.
Mr. Gerwick stated that they designed storm water management for the site in accordance with the original subdivision approvals. He noted that the system was designed assuming that the driveway would be paved, although the applicant is not sure whether the driveway will be pervious or imperious. Mr. Gerwick stated that the driveway is not proposed to be curbed. He explained the drainage as shown on the site plan.
Mr. Gerwick stated that the house is just under 6,200 square feet and the footprint is a little over 3,000 square feet. He stated that the house will be 29.5 feet in height.
Ms. Brown stated that the house location has changed slightly since it was originally submitted. Mr. Gerwick stated that it is a foot or two farther from the tidal wetlands. Ms. Brown stated that the Conservation Buffer is shown on the plan, as well as existing trees.
Ms. Linda Marsh stated that the roof material is asphalt and the siding will be maintenance free.
No one present spoke in favor of or against the application. Hearing no further comments, Chairman Cable asked for a motion to close this Public Hearing.
A motion was made by John Johnson, seconded by Ted Kiritsis and voted unanimously to close the Public Hearing on the application to permit construction of a single-family house on property located at 88-1 Buttonball Road, Lot 6, Edward and Linda Marsh, applicants.
The Public Hearing adjourned at 8:34 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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