OLD LYME ZONING COMMISSION
PUBLIC HEARING
Monday, April 9, 2012
The Old Lyme Zoning Commission held a Public Hearing on Monday, April 9, 2012, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were Jane Cable, Chairman, John Johnson, Vice Chairman, Jane Marsh, Secretary, 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)
Chairman Cable called the Public Hearing to order at 7:32 p.m. Ms. Marsh read the legal notice for the Public Hearings for the record.
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.
Ms. Marsh read the exhibit list for the record.
Attorney Michael Cronin was present to represent the applicant, along with Ms. Cartegena, Point One Architects. Attorney Cronin stated this improvement is under 9.1.3.2. He indicated that his clients wanted to improve the structure and in order to do so, because of the flood regulations, they had to raise the structure to meet FEMA. He explained that they prepared an application and received a variance from the Zoning Board of Appeals. Attorney Cronin stated that the applicants would like to add air conditioning and would like to install the compressor on the rear roof of the structure. He explained that the Zoning Regulations have a relatively new section that gives exception to the rule that all increases in bulk on a nonconforming lot require a variance. Attorney Cronin
noted that Section 9.1.3.2 allows for expansion where the expansion meets all the other bulk requirements.
Ms. Cartegena explained that FEMA Regulations require that an air conditioning unit must be at the first floor elevation. She explained that because of the location of the house there are two possible locations, one being the side of the house and the other being the roof. Ms. Cartegena stated that as shown on the drawings, the compressor will be set down into the roof. She presented photographs of the house and noted that one can barely see the tip of the compressor on the roof. Ms. Cartegena stated that the builder already built the platform and set the compressor on the platform but it is not yet hooked up. Ms. Cartegena presented a photograph where she has drawn in the compressor on a platform on the side of the house so the Commission would have an idea what it would look like in that
location. She noted that in this location the compressor would be six feet off the ground.
Mr. Johnson questioned where the noise would be more objectionable. Attorney Cronin stated that sound moves up and out so it would be less objectionable on the roof, both visually and audibly.
Ms. Cartegena stated that a structural engineer reviewed the drawings and has certified that it meets the Flood Zone Requirements for construction. She noted that the unit is 30” x 30”, 4 tons. She noted that the house next door has three units that are the same size.
John Francis, Rocky Hill, father of the applicant, stated that the objective of putting the compressor on the roof was to move the noise away from the neighbors and also to lessen the visual effect for the neighborhood.
Ms. Cartegena noted that there is a bedroom directly below the compressor unit.
Hearing no further comments, Chairman Cable asked for a motion to close the Public Hearing.
A motion was made by John Johnson, seconded by Tom Risom and voted unanimously to close the Public Hearing for the 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.
2. Petition to Amend the Zoning Regulations, Section 8.6 (lots on narrow streets), Town of Old Lyme Zoning Commission, applicant.
Ms. Marsh read the exhibit list for the record. Ms. Marsh read an exhibit letter from a townsperson who was under the impression that the proposed amendment was eliminating private roads; she then read Exhibit F, Attorney Knapp’s response. Ms. Marsh read a letter from Mr. Ross. Ms. Brown explained that in 2008 when the Zoning Regulations were rewritten, they were inadvertently changed to read that the narrow road regulation applied to all roads, not just public roads. She noted that prior to that it only applied to public roads prior to 2008. Ms. Brown noted that shortly after the Regulations were adopted, the Commission made an amendment to the Regulations which incorporated many typos and other small changes and this change was one that was intended to be made at that time. She
explained that she thought it had been done and has been enforcing it since then only on public streets. Ms. Brown stated that the change before the Commission this evening is just bringing the Regulations back to the way they were in 2008; she noted that the proposed amendment is basically a correction to an error.
Ms. Marsh read the proposed amendment. Chairman Cable stated that the amendment is perfectly clear.
Hearing no further comments, Chairman Cable asked for a motion to close the Public Hearing.
A motion was made by Tom Risom, seconded by John Johnson and voted unanimously to close the Public Hearing on the Petition to amend the Zoning Regulations, Section 8.6 (lots on narrow streets), Town of Old Lyme Zoning Commission, applicant.
The Public Hearing adjourned at 8:08 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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