OLD LYME ZONING COMMISSION
PUBLIC HEARING
Monday, March 12, 2012
The Old Lyme Zoning Commission held a Public Hearing on Monday, March 12, 2012, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were: Those present and voting were Jane Cable, Chairman, Jane Marsh, Secretary (arrives at 7:40 p.m.), Pat Looney (Regular Member), Ted Kiritsis (Alternate), and Joan Bozek (Alternate). Also present was Harland Frazier (Alternate) and Ann Brown, Zoning Enforcement Officer.
Chairman Cable called the Public Hearing to order at 7:32 p.m.
1. 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 Ms. Bozek would act as Secretary until Ms. Marsh’s arrival and Mr. Harlan would be seated in her absence.
Joan Bozek read the legal notice for the record as published in the New London Day on Tuesday, February 28, and Tuesday, March 6, 2012. She also read the Exhibit List for the record, noting that Mr. Ron Rose, Sanitarian, has approved the plan.
Ms. Marsh arrived at this time, 7:40 p.m.
Mr. Meinke submitted an affidavit, as requested, noting that he and Ms. Meinke, as well as their daughter Dana own the property. He noted that his daughter occupies the main property and Patricia Bugby is occupying the apartment.
Mr. Meinke stated that they purchased the home in the summer of 2004 and it had an apartment at that time. He indicated that they did not realize there was a problem until recently during a refinance when the appraiser discovered it during a review of the file at Town Hall. He explained that they are making no changes but rather trying to get approval for what has exists for quite some time.
Mr. Meinke stated that when he purchased the property the daughter and son-in-law of the homeowner were living in the apartment, which was established in the early 1990’s. Ms. Brown stated that the addition that contains the apartment was approved as a bonus room. Mr. Meinke stated that the photographs he provided, although not great quality, give an idea of the layout.
Ed Clayton questioned whether this, if approved, would be an exception or an approved use. Ms. Cable indicated that it would be an approved use.
No one present spoke in favor of or against the application.
Ms. Brown noted that the applicants would like to request a waiver of the requirement for all the plans (Section 13). Chairman Cable stated that she would like to see floor plans included in the file, at a minimum.
A motion was made by Jane Marsh, seconded by Joan Bozek and voted unanimously to waive the requirements of Section 13 for Special Permit for the application for 138 Four Mile River Road, Nancy Meinke, applicant.
Hearing no further comments, Chairman Cable asked for a motion to close the Public Hearing.
A motion was made by Pat Looney, seconded by Joan Bozek and voted unanimously to close the Public Hearing for 138 Four Mile River Road, Nancy Meinke, applicant.
2. 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.
Ms. Marsh noted that the Legal Notice was read earlier in the Public Hearing. She read the Exhibit List for the record.
Mr. DiMaggio stated that they would like a 6’ privacy fence along Route 156 for privacy and to protect them from noise. He indicated on the site plan where the fence would be located. Ms. Brown stated that the front setback for a fence taller than 4’ is 50 feet. Mr. Di Maggio stated that the fence will be a vinyl picket fence. Ms. Bozek stated that that maintaining a sight line for the vehicles exiting Haywagon is important. Ms. Brown stated that there is quite a way between his property line and the edge of pavement. Ms. Bozek told the applicant to be aware that the State probably owns quite a bit of property from the edge of pavement and she urged him to check with the State before installing the fence. Ms. Brown suggested that the Commission, if inclined, grant
permission to the applicant to install the fence on the first 50 feet of his property line. Ms. Bozek stated that she would be more comfortable knowing where the fence will be located. Chairman Cable stated that most people want it on or very near their property line so that it does not cut their property in half and more effectively blocks traffic noise and headlights. Mr. DiMaggio stated that his intention is to put it as close to the remnants of the stone wall as possible.
Bill Sablane, next door neighbor, indicated that he is in favor of the fence.
Hearing no further comments, Chairman Cable asked for a motion to close the Public Hearing.
A motion was made by Jane Marsh, seconded by Pat Looney and voted unanimously to close the Public Hearing on the application for 1 Haywagon Drive, Cori-Ann and David DiMaggio, applicants.
The Public Hearing adjourned at 8:10 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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