OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, March 12, 2012
The Old Lyme Zoning Commission held a Regular Meeting on Monday, March 12, 2012, at 7:30 p.m. in the Auditorium of Memorial Town Hall. 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 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 8:10 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.
Ms. Marsh noted that the Chairman suggested a condition of approval that the applicant provide is a sketch with a continuous floor plan consisting of 2 sheets, one per floor; each showing apartment, ingress and egress to be provided prior to granting permit.
Mr. Kiritsis stated that he is concerned about the precedent set by approving the apartment just because it is “existing”. Chairman Cable stated that it is one thing to approve it for the person that knowingly did it and another for the person who has unknowingly inherited it. Mr. Looney stated that this comes up frequently in his job when people are buying, selling or refinancing.
A motion for approval was made by Jane Marsh, seconded by Pat Looney and voted unanimously, as follows:
Whereas, the Zoning Commission has received an application for Special Permit approval dated February 12, 2012 for an accessory apartment on property at 138 Four Mile River Road, Jeffrey R. and Nancy N. Meinke, owners;
Whereas, the Zoning Commission has held a duly noticed public hearing on March 12, 2012, and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and the applicant; and
Whereas, the proposed accessory apartment is allowed by Special Permit under the Old Lyme Zoning Regulations Section 7.8.2;
Whereas, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Sections 13B of the Regulations with the following modifications required to be added to the final plan:
- Sketch with a continuous floor plan – 2 sheets, one per floor; showing apartment, ingress and egress to be provided prior to granting permit.
2. Requires renewal by Affidavit every 5 years.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of 13A of the Zoning Regulations, in particular that the proposed use, buildings and 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;
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 Nancy N. Meinke for the Special Permit to allow an accessory apartment at 138 Four Mile River Road, Old Lyme, CT, with the modifications specified.
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.
Mr. Kiritsis stated that he would like to add a condition that the location of the fence be approved by the State. Ms. Marsh stated that the Commission cannot approve the application based on an approval from the State. Chairman Cable stated that the applicant has been duly warned to verify the fence location with the State.
A motion for approval was made by Pat Looney, seconded by Jane Marsh and voted unanimously, as follows:
Whereas, the Zoning Commission has received an application for Special Permit approval to construct a six foot fence along Route 156, the property of David and Cori DiMaggio, 1 Haywagon Drive, Old Lyme;
Whereas, the Zoning Commission has held a duly noticed public hearing on March 12, 2012, and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and from the applicant; and
Whereas, the proposed activity (fence, walls and terraces) is permitted by Special Permit under the Old Lyme Zoning Regulations Section 7.4.2 (b) and finds there are special circumstances of the property which the Commission determines a fence taller than four (4) feet in height appropriate. The Commission also finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13A and 13B of the Regulations.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of the Zoning Regulations, in particular that the proposed use, buildings and other structures and site development are designed and arranged as follows:
a. to achieve safety, comfort, privacy and convenience;
b. to conserve as much of the natural terrain and provide for vegetation on the site to the extent practical;
c. a 6 foot high fence that will reduce light trespass and noise from traffic;
d. will not interfere with sight lines;
e. to be in architectural harmony with the surrounding area; and
f. to protect nearby residential and preservation areas;
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 agree that Route 156, Shore Road at this location is very busy.
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for a Special Permit to construct a six foot fence along Route 156, on property of David & Cori DiMaggio located at 1 Haywagon Drive, Old Lyme, CT.
3. Special Permit Application to permit an air-conditioning unit (compressor) on the roof (rear of existing structure) in accordance with Section 9.1.3.2 on property located at 81 Connecticut Road, Michael and Helen Francis, applicants.
Ms. Brown stated that the house is located on a nonconforming lot and received a variance to raise the structure. She noted that they are having difficulty locating the air conditioning unit and would like to set it into the roof. Ms. Brown noted that in this location it meets the setback requirements; she noted that the applicants have already received a variance for height.
A motion was made by Joan Bozek, seconded by Pat Looney and voted unanimously to receive the Special Permit Application for 81 Connecticut Road and set a Public Hearing for April 9, 2012.
4. Petition to Amend the Zoning Regulations, Section 8.6 (lots on narrow streets), Town of Old Lyme Zoning Commission.
Ms. Brown stated that prior to 2008 the narrow road setback only applied to public roads. She noted that after the revision of the Regulations, it included private roads, which the Commission did not intend. Ms. Brown stated that it just came to light that this correction was never made later in 2008 as the Commission had intended. The Public Hearing for this item scheduled for April 9, 2012.
5. Approval of Minutes
A motion was made by Jane Marsh, seconded by Ted Kiritsis and voted unanimously to approve the Minutes of the Public Hearing and Regular Meeting of February 13, 2012 and the Special Meeting Minutes of February 13, 2012.
6. Any new or old business
Corrected Regular Meeting Schedule
A motion was made by Jane Marsh, seconded by Ted Kiritsis and voted unanimously to approve the 2012 Corrected Regular Meeting Schedule for the Zoning Commission.
Fee Schedule Revision
Chairman Cable stated that an application that is only a Gateway or Coastal Site Plan pays a $100.00 application fee and the legal notice costs up to $300.00. Ms. Brown explained that a Special Permit Application with a Coastal Site Plan will pay a Special Permit Fee plus a $100.00 CAM fee. Ms. Brown stated that the application fees go into the Town’s General Fund. She indicated that the Commission only charges $100.00 for a Special Permit Application for a fence.
A motion was made by Jane Marsh, seconded by Joan Bozek and voted unanimously to amend and approve the Zoning Commission fee schedule as follows: Municipal Coastal Site Plan Review $410.00 from $100.00 if not accompanied by a Special Permit Application or Zoning Board of Appeals application. Also include Special Permit Application fee for fences $100.00.
7. Correspondence
None
8. Zoning Enforcement
a. Zoning Enforcement Report
Ms. Brown noted that Cherrystone’s has been sold and she has been told by the buyer that he will be opening a restaurant there. She noted that he will be before the Commission for a curb cut shortly and to serve on the patio for the summer while they do construction.
Ms. Brown stated that she has a problem on Spruce Avenue with a gentleman who put an addition on a few years back. She indicated that he took the addition down and now has put it back up. Ms. Brown stated that there is also a shed that does not have a permit. She indicated that Attorney Knapp is filing for contempt with the Court.
b. Site Inspection Report
None
9. Miscellaneous/Adjourn
The meeting adjourned at 8:45 p.m. on a motion by Joan Bozek; seconded by Pat Looney and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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