Skip Navigation
This table is used for column layout.
Zoning Commission Minutes 08/13/2012


OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, August 13, 2012


The Old Lyme Zoning Commission held a Regular Meeting on Monday, August 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 (arrived 8:05 p.m.), John Johnson, Vice Chairman (arrived at 7:44 p.m.), Tom Risom (Regular Member), Pat Looney (Regular Member), Ted Kiritsis (Alternate) and Harland Frazier (Alternate).

Also present:  Ann Brown, Zoning Enforcement Officer.

Chairman Cable called the meeting to order at 7:32 p.m.  She noted that Mr. Frazier and Mr. Kiritsis would be voting in the absence of two Regular Members.  She immediately recessed the Regular Meeting to conduct the Public Hearing. The Regular Meeting reconvened at 9:40 p.m., after a five-minute recess.

A motion to amend the agenda to move item number 5 to item number 1 was made by Tom Risom, seconded by John Johnson and voted unanimously.
        
1.      Special Permit Application and Municipal Coastal Site Plan Review Application to construct a 14,600 s.f. two story professional office building at 1 Huntley Road, Huntley & Halls, LLC, applicants.

Greg Fedus, Fedus Engineering, 47 Water Street, Mystic, was present to represent the applicant.  Mr. Fedus explained that the project was approved in 2008 and they are hoping that the approval may still be valid, but in case it is not they wanted a placeholder application for September.

Mr. Fedus stated that they are asking for a waiver for 4.10.12, Gateway Zone.  He explained that the structure is greater than 4,000 square feet which would require Gateway approval.  Chairman Cable suggested that the applicants bring photographs and such to show that the building will not be seen from the Connecticut River.  Ann Brown stated that the attorneys are discussing whether this approval is still valid.  She noted that the Regulations have changed since this was approved in 2008.  Ms. Brown stated that in the past the Commission has allowed waivers in the Gateway Zone before the Special Permit is required.  Chairman Cable indicated that the applicant does not have evidence with him this evening.  Ms. Brown stated that she would then advertise for a Special Permit.  Mr. Fedus showed a google earth picture with the structure drawn on it, along with a USGS Map, which is very small scale, so they blew it up a little.  He pointed out that the contours come down on Huntley Road.  Mr. Johnson stated that he does not believe the Commission should be deciding this waiver tonight.  Mr. Risom stated that he is confident it will not be seen from the river.  

A motion was made by Jane Marsh, seconded by Tom Risom and voted that in compliance with Section 4.10.12.1 of the Zoning Regulations, a Request of an Exception to requiring a Special Permit for a structure over 4,000 s.f. in the Connecticut River Gateway Conservation Zone is granted.  The findings are that the proposed structure will not be visible from the Connecticut River.  Motion carried 4:0:1, with Mr. Johnson abstaining.

A motion was made by Tom Risom, seconded by Pat Looney to and voted unanimously to receive the Special Permit Application on the application for 1 Huntley Road, Huntley & Halls, LLC, applicants and set the Public Hearing for September 10, 2012.  

2.      Special Permit Application to install a 10’ x 42” diameter buried propane tank and concrete pad (Section 4.3); also reaffirmation of April 9, 2012 approval of a Special Permit Application to permit an air-conditioning unit (compressor) on the roof of existing structure on property located at 81 Connecticut Road, Michael and Helen Francis, applicants.  

Seated were:   J. Cable, T. Risom, P. Looney, T. Kiritsis and H. Frazier.

Mr. Johnson noted that the reaffirmation of the Special Permit approval for the a/c compressor was because the abutters were not notified.  Ms. Brown stated that she realized shortly after the Public Hearing that the notifications were not made.

A motion to grant approval was made by Tom Risom and seconded by Pat Looney.  

Mr. Risom stated that they will need to craft words for the insulation to deaden the noise and the proposed enclosure.  Ms. Brown stated that the Commission wants a solid fence that is at least 30 inches tall.  Mr. Risom stated that he wants the fencing visually solid, which could include a louvered type.  He indicated that he would like the staff to determine whether it is an acoustical barrier.  Ms. Brown suggested holding off on the approval until words are crafted that might be enforceable.  She indicated that Mr. Metcalf might also have to review the proposal.  Ms. Cable stated that the Commission can request sound mitigation but there is no guarantee it will be satisfactory.

Ms. Marsh stated that she has learned a lot about sound from her windmill application.  She stated that vibrations are bothersome, not necessarily the noise level.  Chairman Cable stated that they cannot take in any more information because the Public Hearing is closed and the staff does not have knowledge of sound deadening requirements.  Ms. Brown stated that as staff she could look into it and get back to the Commission next month.

Mr. Risom withdrew his motion and Mr. Looney withdrew his second.

A motion was made by Tom Risom, seconded by Pat Looney and voted unanimously to table the decision to the September 10, 2012 Regular Meeting on the application for 81 Connecticut Road, Michael and Helen Francis, applicants.  

Chairman Cable noted that all the Regular Members will be voting for the remainder of the Regular Meeting.

3.      Special Permit Application to construct an addition to the rear of the existing structure to house telephone equipment, relocation of existing equipment courtyard from west side of facility to north side behind addition and the reconfiguration of existing parking area located at the rear of the existing facility (under Section 5.4.3 Special Permit Uses – Public Utility Facility) on property located at 5 Beckwith Lane, SNET/SBC/AT&T Communications, Inc., applicant.

Ms. Marsh stated that she would like to put conditions on the approval.  She indicated that she would like them to repair the chain link fence, remove the encroaching trees on the neighboring property (west side), interior lights will be motion sensored, blinds installed on the windows, outside lights to be both motion and photo-sensored to avoid the lights being left on all night and plantings along the east side and on the west side of the property near the new construction.  She indicated that she would like the building to appear house-like.  Ms. Marsh stated that the applicants should be required to do general maintenance.

Ms. Marsh stated that the sound attenuating fencing around the equipment was specified on the plan and should be included in the approval.

A motion to approve was made by Jane Marsh, seconded by John Johnson, as follows:

Whereas, the Zoning Commission has received an application for a Special Permit dated May 17, 2012 to permit an addition to the rear of the existing structure to house telephone equipment, relocation of existing equipment courtyard from west side of facility to north side behind addition and the configuration of existing parking area located at the rear of the existing facility with accompanying documentation:  Statement of Use, wetlands letter from Ethan A. Steward, Soil Scientist, Diversified Technology Consultants, Inc., abutter list, deed and plans entitled at&t old Lyme Co. 5 Beckwith Lane Building Addition 06/19/2012 prepared by Ames & Whitaker Architects [Planning & Zoning Review Submission Not For Construction]; Drawing index General-G001 Cover Sheet; Civil-Survey Plan dated 1/23/2012 prepared by Martin Surveying Associates, LLC, C1.2 Site Plan  dated 6/19/2012, C1.3 Detail Sheet dated 6/19/2012; Architectural-A100, Architectural Site Plan dated 6/19/2012, A101-First Floor Plan dated 6/19/2012, A201-Exterior Elevations dated 6/19/2012, A-202-Exterior Elevations dated 6/19/2012;

Whereas, the Zoning Commission has held a duly noticed public hearing on August 13, 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 is permitted by Special Permit under the Old Lyme Zoning Regulations section5.4.3, Special Permit Uses, Per Section 13B.  The Commission finds that the applicant has sufficient evidence to demonstrate compliance with the standards of Sections 13B of the Regulations as written in the Zoning Regulations and grants with the following conditions:

1.      Exterior lighting, if any, should be depicted on the plan(s), as specified in file.
2.      Type of “sound-attenuating fencing” surrounding the outside equipment courtyard, as specified in file.
3.      All demolition materials including removed pavement should be disposed of off-site.
4.      Screening of the parking area from neighboring residential properties (Section 18.3.6 Landscaping & Screening).
5.      Repair chain link fence.
6.      Site and building to be well maintained, i.e. mowing and upkeep.
7.      Remove encroaching trees.
8.      Additional plantings in area up front and in area of new construction.
9.      Shut off sensors for interior lighting, install venetian blinds or shades in windows.  
10.     Outside lighting on motion sensors and photo sensors for use when someone is present.  Lighting to be as specified on plan in file.

Whereas, the Commission finds that the applicant 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:

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; 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

Now, therefore be it resolved that the Old Lyme Zoning Commission APPROVES the Special Permit to permit an addition to the rear of the existing structure to house telephone equipment, relocation of existing equipment courtyard from west side of facility to north side behind addition and the configuration of existing parking area located at the rear of the existing facility.

Motion carried unanimously, 5:0.

4.      Special Permit Application and Municipal Coastal Site Plan Review Application to demolish and replace existing single family home on property located at 76 Center Beach Avenue, Rocco & Kerri Todaro, applicants.

Ms. Brown stated that the Regulations require that the Commission make findings because the application does not meet all the bulk requirements.  Mr. Johnson read the findings for the record, as included in the motion.

Chairman Cable questioned whether the Commission wanted a bond for erosion control.  The Commission agreed that they did not have the need to hold a bond.  It was suggested by Chairman Cable that a condition be added that the dump trucks that are removing the debris not be left on the site.

Final plan approval for compliance be reviewed by Ann, including verification of the ceiling height.  Ms. Brown stated that she will confirm that the finished house meets the floor area regulations and the 1.5 story regulation.

A motion to approve was made by John Johnson, seconded by Jane Marsh, as follows:

Whereas, the Zoning Commission has received applications for a Special Permit and Municipal Coastal Site Plan Review Application dated July 2 and July 3, 2012 respectfully with scope of work and contract agreement, abutter list, deed, flood map (current and proposed);  Basement Foundation Plan dated 3/13/12 noted as Drawing F-1; First Floor Plan dated 3/13/12 noted as Drawing A-1; Second Floor Plan dated 3/13/12 noted as Drawing A-2; Roof Plan dated 3/13/12 noted as Drawing A-3; West Ext. Elevation dated 3/13/12 noted as Drawing A-4; South Ext. Elevation dated 3/13/12 noted as Drawing A-5; East Ext. Elevation dated 3/13/12 noted as Drawing A-6; North Ext. Elevation dated 3/13/12 noted as Drawing A-7 and Zoning Location Survey of Land of Rocco Todaro 76 Center Beach Avenue Old Lyme, Connecticut Scale 1” = 10’ May 8, 2012 prepared by Finn Survey;

Whereas, the Zoning Commission has held a duly noticed public hearing on August 13, 2012, and the commission has had an opportunity to hear testimony from citizens of Old Lyme and the applicant; and

Whereas, the proposal to demolish the existing house and to construct a new house is allowed by Special Permit under the Old Lyme Zoning Regulations Section 9.1.3.2, and the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions of Section 13A and Section 13B of the Regulations with the following conditions:

1.      All demolition materials are to be removed via dumpster without delay; and
2.      Confirmation that the Floor Area Ratio and the one and one-half story requirements are complied with.  

Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 9.1.3.2, in particular that the proposed use, buildings and other structures and site development are designed and arranged as follows:

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 commission has found that the septic system is in compliance with the current Public Health Code without the use of any exceptions provided by such Code, that there is no new nonconformity, nor increase in any existing nonconformity, with respect to setback, coverage, and other Bulk requirements, and that the commission has considered the following, as suggested by 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 any possible 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.

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 Rocco and Kerri Todaro for the Coastal Site Plan, and Special Permit applications for the demolition of the existing house and construction of a new house on property at 76 Center Beach Road, Old Lyme, CT.

Motion carried unanimously, 5:0.

5.      Special Permit Application and Municipal Coastal Site Plan Review Application to replace 4’ wide fixed wood pile/post and timber walkway with new walkway, replace an existing 172 +/- s.f. pile/pipe restrained float with new float with associated ramp, restraint piles and three new tie-off piles waterward of high tide line.  Plus minor alterations to walkway and floating dock on property located at 21 Ferry Road, Edward O’Hanlan, applicant and 23 Ferry Road, Robin Sedgwick, applicant.

Mr. Risom noted that the only jurisdiction that the Commission has is the first twenty feet or so of the walkway.  He indicated that he believes it meets the Zoning Regulations.

A motion to approve was made by Tom Risom, seconded by John Johnson, as follows:

Whereas, the Zoning Commission has received applications for Special Permit Application [dated July 3, 2012] and Municipal Coastal Site Plan Review Application dated June 25, 2012; Statement of Use; letter from Gary Yuknat of Shoreline Sanitation, Inc. dated July 5, 2012 to Robin Sedgwick; letter from John Bennet, Esquire dated November 11, 2011 to Susan Bailey of the DEEP; photos of dock restoration [3];Location map, Coastal Resource Map, Shellfish Concentration Map, Tax Assessor Map, Flood Map; Certificate of Permission from DEEP to Edward O’Hanlan dated June 19, 2012 with attachments; cover letter  from Keith B. Neilson, P.E. of Docko, Inc. dated July 3, 2012; Plan dated June 25, 2012 “Special Permit Dock Reconstruction Lieutenant River Applicant Edward O’Hanlan Old Lyme, CT Prepared by Docko, Inc. Sheet 1 of 1; Map prepared by Frederick A. Radcliffe Consulting Civil Engineer Consulting Civil Engineer Essex Industrial Park Centerbrook, Conn. Title:  Land to be Conveyed to Elsie P. Chapman from Robert B. & Isabel X. Cooney Ferry Road, Old Lyme, Conn. Scale 1: = 20’ dated 6/7/68 Sheet 1 of 1;

Whereas, the Zoning Commission has held a duly noticed public hearing on August 13, 2012, and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and the applicant; and

Whereas, the proposed installation of a dock is allowed by Special Permit under the Old Lyme Zoning Regulations, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions of Section 13A and Section 13B of the Zoning 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 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, the Zoning Commission has received comments from the Office of Long Island Sound Programs of the Department of Energy and Environmental Protection, after submitting the application materials to them for review, and 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 Edward O’Hanlan the Coastal Site Plan and Special Permit applications for property at 23 Ferry Road, Old Lyme, CT.  

Motion carried unanimously, 5:0.

6.      Petition to Amend the Old Lyme Zoning Regulations to allow in a Light Industrial District (LI-80) zone the constructing and operating of indoor recreational facilities.  This would be a “Special Permit Use” under the
provisions of Section 5.12.3 of the Zoning Regulations, Kasie Munson, 7 Duchess Drive and Patrick Pryor, 41 Jericho Drive, applicants.

The Public Hearing for this application is set for September 10, 2012.

7.      Any new or old business

Ms. Brown stated that the noise from air condition units has been an issue throughout the beach areas.  The Commission discussed noise levels, attenuation and dba’s.

Ms. Brown noted that the Commission wants to schedule a Resource Water Protection Workshop.  Chairman Cable stated that it should be scheduled after the summer when people are back from their vacations.  Ms. Brown asked the Commission to think about when they would like to schedule that meeting and who they might like to invite.

Ms. Brown explained that Kim Barrows is now a Certified Zoning Technician and in order to become a Certified Zoning Enforcement Official she is required to do an enforcement and write a report.  She asked the Commission to make a motion to authorize Kim Barrows to make an enforcement.

A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to authorize Kim Barrows to do one enforcement in order to obtain CZEO Certification.  
        
8.      Approval of Minutes

A motion was made by Jane Marsh, seconded by Tom Risom and voted unanimously to approve the Minutes of the Public Hearing and Regular Meeting of July 9, 2012 as submitted.

9.      Correspondence

None.

10.     Zoning Enforcement

        a.      Zoning Enforcement Report
        
She stated that Eric Knapp has made a motion for a judgment of non-response for Lenny’s.  She noted that the Commission won the lawsuit to enforce the Zoning Regulations and Lenny’s appealed the decision. Ms. Brown indicated that Eric Knapp filed for an enforcement and Lenny’s has not responded.  Ms. Brown stated that it is possible there is a change in behavior and they are not violating as much as they have been in the past.  She noted that she heard this from a policeman.

Ms. Brown stated that the Selectmen have almost resolved the Anderson lawsuit.

        b.      Site Inspection Report

                None

11.     Miscellaneous/Adjourn

The meeting adjourned at 10:33 p.m. on a motion by Pat Looney; seconded by John Johnson and voted unanimously.                                                  

Respectfully submitted,



Susan J. Bartlett
Recording Secretary