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Zoning Commission Record of Vote 10/10/2012
RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR  MEETING
WEDNESDAY – October 10, 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, Tom Risom (Regular Member), Pat Looney (Regular Member), Ted Kiritsis (Alternate) and Harland Frazier (Alternate)

Also present:  Ann Brown, Zoning Enforcement Officer

Absent:  John Johnson, Vice Chairman and Joan Bozek (Alternate)

2.   Discussion and action on approving settlement of Nicholas J. DiCorleto, Jr. vs. Town of Old Lyme Zoning Commission, United States District Court (3:11-CV-00281JHC) regarding the property located at 42 Breen Avenue in Old Lyme.

A Motion was made by T. Risom, seconded by P. Looney to ACCEPT the Settlement as follows:  “Subject to approval by the court, the Commission approve the proposed settlement by granting Nicholas J. DiCorleto, Jr. permission to demolish the existing structure located at 43 Breen Ave., Old Lyme and build a new dwelling in accordance with the September 18, 2012 decision of the town of Old Lyme  Zoning  Board of appeals and the Site Plan and “Modified  St. Clair Design” approved by the Town of Old Lyme Zoning Board of Appeals on September 18, 2012 and the Commission’s Decision dated January 10, 2011.”   No discussion and a vote was taken.  In favor:  J. Cable, P. Looney, T. Risom   Opposed: J. Marsh, T. Kiritsis  Abstaining:  None   The motion passed. 3-2-0

CONTINUED PUBLIC HEARING:

1.  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.

A Motion was made by J. Marsh, seconded by H. Frazier to CLOSE the Public Hearing on the Petition to amend the Old Lyme Zoning Regulations, Kasie Munson, 7 Duchess Drive and Patrick Pryor, 41 Jericho Drive, applicants.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, P. Looney, T. Kiritsis, H. Frazier  Opposed:  None   Abstaining:  None   The motion passed unanimously. 5-0-0

PUBLIC HEARING:

1.  Special Permit Application to construct a 3 car detached garage on property located at 18 Clifton Street, Lawrence and Judith Odishoo, property owner.  

A Motion was made by T. Risom, seconded by P. Looney to CLOSE the Public Hearing on the application for 18 Clifton Street, Lawrence and Judith Odishoo, property owner.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, P. Looney, T. Risom, H. Frazier  Opposed:  None   Abstaining:  None   The motion passed unanimously. 5-0-0

REGULAR MEETING:

1.  Special Permit Application and Municipal Coastal Site Plan Review Application to construct 9’x13’ rear entry on existing accessory structure on property in the Connecticut River Gateway Conservation Zone, where the structure is in excess of 4,000 square feet floor area at 5 Smiths Neck Road, Camille Chwalek, applicant.  

A Motion was made by J. Marsh, seconded by T. Risom, that in compliance with Section 4.10.12.1 of the Zoning Regulations, a Request of an Exception to requiring a Special Permit for construction of a 9’x13’ rear entry on existing accessory structure on property, which is in the Connecticut River Gateway Conservation Zone is GRANTED.  The findings are that the proposed rear entry will not be visible from the Connecticut River due to the natural terrain and the other structure, so the applicant does not need to submit a Special Permit Application.  No discussion and a vote was taken.  In favor:  J. Cable, T. Risom, J. Marsh, P. Looney, H. Frazier   Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0   Special Permit Application will be withdrawn by applicant.

2.  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.

A Motion was made by P. Looney, seconded by T. Kiritsis to TABLE the DECISION on the Petition to Amend the Zoning Regulations to the next meeting which is scheduled for Wednesday, November 14, 2012.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, P. Looney, T. Kiritsis, H. Frazier  Opposed:  None   Abstaining:  None   The motion passed unanimously. 5-0-0

3.  A Motion was made by T. Risom, seconded by H. Frazier to MODIFY the Amended Agenda to add the Special Permit Application to demolish existing structure and construct a new single family dwelling in accordance with Section 9.1.3.2 of the Zoning Regulations on property located at 14 Oak Road, Grampa Fred and the Girls, LLC, Applicants to Receive Application and Set Public Hearing and renumber the agenda.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, T. Risom, P. Looney, H. Frazier  Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

A Motion was made by T. Risom, seconded by P. Looney to receive the Special Permit Application for 14 Oak Road and set a Public Hearing for Wednesday, November 14, 2012.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, T. Risom, P. Looney, H. Frazizer  Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

4.  Special Permit Application to construct a 3 car detached garage on property located at 18 Clifton Street, Lawrence and Judith Odishoo, property owner.  

A Motion to APPROVE was made by J. Marsh, seconded by T. Risom, as follows:

Whereas, the Zoning Commission has received a for Special Permit Application dated September 5, 2012 for construction of a garage on a non-conforming lot, with list of abutters, Assessors Card, Deed; elevation drawings – front, left, right; foundation/floor plan; roof cross-section; truss drawing sketch. 11” x 17” copy of survey for proposed garage location for 18 Clifton Street Hawks Nest Beach Lawrence & Judith Odishoo Old Lyme, Connecticut dated 8-31-12 prepared by J L Surveying; and

Whereas, the Zoning Commission has held a duly noticed public hearing on October 10, 2012, and the Commission has had an opportunity to hear testimony from the public and from the applicant; and

Whereas, the proposed use is allowed by Special Permit 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 of this section:
  • the septic system is in compliance with the current Public Health Code without the use of any exceptions provided by such Code;
  • there is no new nonconformity, nor increase in any existing nonconformity, with respect to setback, coverage, and other Bulk requirements;
  • an A-2 Survey shall be provided in support of this application; and
Whereas, the Commission has considered:
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.
                        [Amended Effective 4-1-09]
                
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; and

Whereas, 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.

Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13B, 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 Environmental Protection, after submitting the application materials to them for review, and the Commission determines that the application and  plans as they may 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 a for Special Permit Application dated September 5, 2012 for construction of a garage on a non-conforming lot, elevation drawings – front, left, right; foundation/floor plan; roof cross-section; truss drawing sketch. 11” x 17” copy of survey for proposed garage location for 18 Clifton Street Hawks Nest Beach Lawrence & Judith Odishoo Old Lyme, Connecticut dated 8-31-12 prepared by J L Surveying. No further discussion and a vote was taken.   In favor:  J. Cable, J. Marsh, T. Risom, P. Looney, H. Frazier  Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

5. Approval of Minutes –   Minutes of the Public Hearing and Regular Meeting of September 10, 2012

A Motion was made by J.  Marsh, seconded by P. Looney to APPROVE the Minutes of the Public Hearing and Regular Meeting of September 10, 2012 as submitted. No further discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, T. Risom, P. Looney, T. Kiritsis   Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

6.  Any new or old business

7.  Correspondence

8.  Zoning Enforcement Report

9. Miscellaneous/Adjournment    

A Motion was made by P. Looney, seconded by T. Kiritsis, to adjourn the October 10, 2012 meeting.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, T. Risom, P. Looney, T. Kiritsis.  5-0-0  The motion passed unanimously and the meeting adjourned at 10:03 p.m.

                                        Jane Cable, Chairman