RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – April 9, 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) and Pat Looney (Regular Member)
Also present: Joan Bozek (Alternate, arrived at 7:35 p.m.) and Ann Brown, Zoning Enforcement Officer
Absent: Ted Kiritsis (Alternate) and Harland Frazier (Alternate)
PUBLIC HEARINGS:
1. 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.
A Motion was made by J. Johnson, seconded by T. Risom to CLOSE the Public Hearing on the application for 81 Connecticut Road, Michael and Helen Francis. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Risom, P. Looney Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
2. 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 T. Risom, seconded by J. Johnson to CLOSE the Public Hearing on the Petition to amend the Zoning Regulations, Section 8.6 (lots on narrow streets). No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Risom, P. Looney Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
REGULAR MEETING:
1. 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.
A Motion for Approval was made by T. Risom, seconded by J. Johnson as follows:
Whereas, the Zoning Commission has received a Special Permit Application dated March 9, 2012 with proposal, abutter list, deed and sketch showing proposed AC Unit Location dated February 22, 2012 prepared by Point One Architects; Property Survey prepared for Michael J. & Helen Francis, 81 Connecticut Road Old Lyme, CT Date: July 7, 2010, sheet 1 of 1 by Kenneth J. Picard, L.S.; Proposed Architectural Site Plan, Construction Phase, dated 10/17/2011 revised 2/22/12 for ZBA submittal, revised 2/16/12 AC Location Sheet SP1.0.; and
Whereas, the Zoning Commission has held a duly noticed public hearing on April 9, 2012, and the commission has heard testimony from citizens of Old Lyme and the applicant; and
Whereas, the proposed modification (installation of an air conditioning condenser on the roof of the house) is permitted under section 9.1.3.2 of the Old Lyme Zoning Regulations, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 13 A and 13 B of the Regulations.
Whereas, the Commission has considered the following standards of Section 9.1.3.2:
a. the density or intensity of the Lot and the surrounding area, including the area and topography of the Lot, its coverage by Buildings, the height and volume of such Buildings, the number of Dwelling Units or bedrooms, and the ratio of impervious surfaces;
b. the natural resources on the Lot and in the vicinity of the Lot which may be adversely impacted;
c. the access to the Lot, including whether access roads are public or private, their surface condition, width, grade, flood hazard, drainage, existing traffic volume, and suitability for increased traffic or population to be served;
d. Access to the existing or proposed Building(s) or Structure(s) on and Abutting the Lot for emergency vehicles and public safety personnel;
e. the character of the neighborhood, including the scale of other Buildings or Structures in the area, the streetscape, impact on marine or coastal vistas as viewed from public Streets or other public viewing areas;
f. the goals of the Connecticut Coastal Management Act, despite the exemption from such Act for Single Family Dwellings; and specifically including a consideration of the protection of the coastal resources on or adjacent to the site; and impacts to such coastal resources shall be found to be acceptable for the proposed application. Such
review shall also include a recognition that many areas of the R-10 District are within coastal flood hazard areas and that the potential danger to life and property shall be reduced or minimized by the proposed application.
g. privacy, light, and air for the subject Lot and Abutting Lots;
h. increased effluent disposal volumes, the condition of the existing septic system on the Lot, and the impact on potential future repair or expansion of any such septic system.
i. An A-2 Survey shall be provided in support of any application under this Subsection.
And, whereas, the Commission confirms that this proposal, in particular that the proposed installation of the condenser on the roof, is 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 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, although the Zoning Commission has received comments from the Office of Long Island Sound Programs of the Department of Environmental Protection, after submitting the application materials to them for review, the Commission determines that the application and plans as they will be revised are consistent with the goals and policies of the Coastal Management Act;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to Michael and Helen Francis at 81 Connecticut Road, Old Lyme, CT. No discussion and a vote was taken. In favor: J.
Cable, J. Marsh, J. Johnson, T. Risom, P. Looney Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
2. Petition to Amend the Zoning Regulations, Section 8.6 (lots on narrow streets), Town of Old Lyme Zoning Commission, 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 8.6 Lots on Narrow Streets, to make this section apply only to properties on town roads and state highways, and not to apply to properties on private roads;
Whereas, the Zoning Commission has held a duly noticed public hearing on April 9, 2012, and the commission has had an opportunity to hear testimony from citizens of Old Lyme and others; and
Whereas, the Commission has considered the Comprehensive Plan of Zoning and finds that the proposed change is compatible with the Comprehensive Plan of Zoning; and
Whereas, the Commission has considered comments from the Old Lyme Planning Commission and others; and
Whereas, the Commission finds that there is sufficient evidence to demonstrate that the proposed changes to the text 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, although the Zoning Commission has received comments from the Office of Long Island Sound Programs of the Department of Environmental Protection, after submitting the application materials to them for review, the Commission determines that the application and plans as they will be revised are consistent with the goals and policies of the Coastal Management Act;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to the proposed modification to the Zoning Regulations to: modify Section 8.6 Lots on Narrow Streets with the modifications specified. The effective date shall be May 1, 2012. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Risom, P. Looney Opposed: None Abstaining: None The motion passed
unanimously. 5-0-0
3. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting of March 12, 2012
Motion was made by J. Marsh, seconded by P. Looney to APPROVE the Minutes of the Public Hearing and Regular Meeting of March 12, 2012 with the following correction to the Public Hearing minutes, page 1 “Those present and voting were:” is listed twice. No further discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom, P. Looney Opposed: None Abstaining: J. Johnson The motion passed unanimously. 4-0-1
4. Any new or old business - None
5. Correspondence – Gateway Cruise June 7th at 5:30 p.m. at Eagle Landing, Haddam, CT. RSVP by May 25th
6. Zoning Enforcement Report - None
A Motion was made by J. Bozek, seconded by P. Looney, to adjourn the March 12, 2012 Regular Meeting portion. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, T. Kiritsis, J. Bozek. 5-0-0 The motion passed unanimously and the REGULAR meeting adjourned at 8:25 p.m.
7. Executive Session beginning at 8:30 p.m. to discuss litigation involving a pending civil action in the U.S. District Court, Anderson v. Town of Old Lyme, 3:10cv1876 (MRK), regarding the seasonal dwelling registry, Section 11.19A of the Zoning Regulations. The Zoning Commission will be inviting the Board of Selectmen to attend the executive session, as both bodies and their members are named as defendants, as well as Ann Brown, Zoning Enforcement Officer.
Chairman Cable invited Attorney Thomas Gerarde of Howd & Ludorf, LLC the attorney hired by CIRMA, Ann Brown, Zoning Enforcement Officer and First Selectwoman Bonnie Reemsnyder to join the Zoning Commission members in the Executive Session.
A Motion was made by J. Johnson, seconded by T. Risom to go into Executive Session at 8:26 p.m. with the following people in attendance: Jane Cable, Chairman, Jane Marsh, Secretary, John Johnson, Vice Chairman, Tom Risom (Regular Member), Pat Looney (Regular Member), Joan Bozek (Alternate), Ann Brown, Zoning Enforcement Officer, Attorney Thomas Gerarde Officer and First Selectwoman Bonnie Reemsnyder into the Executive Session. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Risom, P. Looney Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
The Zoning Commission members and those invited to attend went into Executive Session at 8:26 p.m.
The following vote was taken to come out of Executive Session at 9:00 p.m.:
A Motion was made by J. Johnson, seconded by P. Looney, to leave the Executive Session at 9:00 p.m. A vote was taken: In favor: J. Cable, J. Marsh, J. Johnson, P. Looney and T. Risom. In Opposition: None Abstaining: None. The Motion passed unanimously. Those present came out of Executive Session.
Chairman Cable stated that during the Executive Session those present made no decisions, took no votes, and no action was taken.
A Motion was made by J. Johnson, seconded by P. Looney, to adjourn the Executive Session. No discussion; and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, P. Looney and T. Risom. In Opposition: None Abstaining: None. The Motion passed unanimously. Executive Session adjourned at 9:00 p.m.
Jane Cable, Chairman
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