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Zoning Commission Record of Vote 12/10/2012
 RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR  MEETING
Monday – December 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, John Johnson, Vice Chairman, Tom Risom (Regular Member) and Harland Frazier (Alternate)

Also present:  Ann Brown, Zoning Enforcement Officer

Absent:  Pat Looney (Regular Member), Ted Kiritsis (Alternate) and Joan Bozek (Alternate)

CONTINUED PUBLIC HEARING:

1.  Special Permit Application to demolish existing structure and construct a new 3 bedroom dwelling in accordance with Section 9.1.3.2 and/or Section 9.4 of the Zoning Regulations on property located at 14 Oak Road, Grampa Fred and the Girls LLC, applicant.

A Motion was made by T. Risom, seconded by J. Johnson to CLOSE the Public Hearing on the Special Permit Application for 14 Oak Road, Grampa Fred and the Girls, LLC, applicant.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, T. Risom, H. Frazier   Opposed:  None   Abstaining:  None   The motion passed unanimously. 5-0-0

PUBLIC HEARING:

1.  Special Permit Application to demolish existing 2 family dwelling and construct a new single family dwelling in accordance with Section 9.1.3.2 and/or Section 9.4 of the Zoning Regulations on property located at 42 Portland Avenue, Fred Guidobono, applicant.

A Motion was made by J. Johnson, seconded by H. Frazier to CLOSE the Public Hearing on the Special Permit Application for 42 Portland Avenue, Fred Guidobono, applicant.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, T. Risom, H. Frazier  Opposed:  None   Abstaining:  None   The motion passed unanimously. 5-0-0

REGULAR MEETING:

1.  Special Permit Application to allow renovation and modification of an existing convenience store building and minor reconfiguration of the existing parking lot, also the existing retail convenience store space will be expanded into the area currently occupied by (3) automobile repair bays.  A walk in cooler will replace the existing shed at the rear of the building and a new 227 s.f. addition will be built at the west side of the building, there will also be a food take out use, in accordance with Sections 9.4 and 5.10.3 of the Zoning Regulations on property located at 85 Halls Road, CPD Energy Corp., applicant.

A Motion was made by J. Johnson, seconded by J. Marsh to receive the Special Permit Application for 85 Halls Road, CPD Energy Corp., applicant and set a Public Hearing for Monday, January 14, 2013.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, T. Risom, J. Johnson, H. Frazier  Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

2.  Special Permit Application to demolish existing structure and construct a new 3 bedroom dwelling in accordance with Section 9.1.3.2 and/or Section 9.4 of the Zoning Regulations on property located at 14 Oak Road, Grampa Fred and the Girls LLC, applicant.

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

Whereas, the Zoning Commission has received a Special Permit Application dated October 10, 2012 to allow demolition of existing structure and construction of a new 3 bedroom dwelling which includes the following attachments:  list of abutters, Statement of Use and copy of the Deed; Zoning Location Survey map depicting existing house to be demolished & proposed house to be constructed prepared for Frederick H. Callahan III & Christine Cleveland 14 Oak Road, Old Lyme, CT dated February 3, 2012 prepared by Hendriks Associates, LLC, Sheet 1 of 1 revised to 11/13/12 to address Town Engineer’s Comments; Proposed Floor Plans Sheet A1.0 dated 02/01/2012 and Proposed Exterior Elevations Sheet A2.0 dated 02/01/2012 also as exhibit “G”, Preliminary Plans for Zoning Presentation dated November 4, 2012, Existing Plans and Elevations Sheet EX1.0;  Existing and Proposed Site Plans Sheet ASI.0; Proposed Floor Plans Sheet A1.0;  Proposed Exterior Elevations Sheet A2.0; Proposed Structural Diagrammatic Plans Sheet A3.0;

Whereas, the Zoning Commission has held a duly noticed public hearing on November 14, 2012, which was continued to December 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 and/or 9.4 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 since it is part of the Point O’Woods Sewage System; and
  • there is no new nonconformity, nor increase in any existing nonconformity, with respect to setback, coverage, and other Bulk requirements;
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 with the following modifications required to be added to the final plan:

1.  Plan showing impact on surface drainage due to placement of the gravel drive, house and other improvements which are in close proximity to abutter who is in a low area.  Landscape methods will be employed to divert surface water along the driveway toward the rear of the property and not onto abutter’s lot.  Devices such as landscape timbers set into the ground at least 2” or raised plantings will suffice;

2.  Paved apron at driveway intersection to Oak Road;

3.  Letter stating that the one-site septic system has been properly abandoned;

4.  An as-built survey of the constructed building location, prepared by a licensed land surveyor be submitted to the Town to verify compliance with approved plans and that the shed has been moved to a compliant location;

        5.  Outside cellar entry to be shown on the Zoning Location Survey;

        6.  Verification that cellar sump pump, if there is one, or if other drainage system will be installed.  If so discharge of the drainage should be shown;

        7.  Erosion control measures to be installed and maintained during construction; and

        8.  Demolition material shall be loaded directly into trucks or containers for proper off-site disposal.  No on-site burial of demolition debris should be allowed.


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

Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for a Special Permit Application dated October 10, 2012 to allow demolition of existing structure and construction of a new 3 bedroom dwelling on property located at 14 Oak Road, Point O’Woods, Grampa Fred and the Girls, LLC applicants.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, T. Risom, J. Johnson, H. Frazier  Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0
3.  Special Permit Application to demolish existing 2 family dwelling and construct a new single family dwelling in accordance with Section 9.1.3.2 and/or Section 9.4 of the Zoning Regulations on property located at 42 Portland Avenue, Fred Guidobono, applicant.

A Motion to GRANT was made by J. Marsh, seconded by H. Frazier, as follows:

Whereas, the Zoning Commission has received a Special Permit Application dated November 6, 2012 to allow demolition of existing 2 family dwelling and construction of a new single family dwelling with the following attachments: list of abutters, Statement of Use, current Assessor’s Card, Zoning Compliance Permit Application and a copy of the Deed; Survey prepared for Frederick Guidobono, 42 Portland Avenue, Old Lyme, Connecticut dated 09/14/12 and revised 10/21/12 add’l spot shots and further revised 11/30/12 per meeting comments by Compass Land Surveying, LLC, Kenneth Herbert, L.S., sheet 1 of 1; Sub Surface Sewage Disposal System Design, Prepared by Chris Zibbideo, P.E. dated October 24, 2012, sheet 1 of 1 and Pre-design elevations and floor plans dated 9/24/2012, drawing No. PR.1; Floor Plan Specifications, Sheet A.1, Building Elevations, Sheet A.2 and Foundation plan, building section and construction notes dated 11/15/2012 prepared by MeJ.A (M.E. Johnson & Associates, LLC), Sheet A.3 and received December 4, 2012.

Whereas, the Zoning Commission has held a duly noticed public hearing on December 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 and/or 9.4 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:
1.  A fully compliant septic system will be installed;
2.  There are no new nonconformities, nor increase in any existing nonconformity, with respect to setback, coverage and other Bulk requirements and
3.  Nonconformities are reduced.

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 with the following modifications required to be added to the final plan:
                        1.  Site Plan to be updated to correct size of the proposed house and side setback measurement;

                        2.  “As-built” survey of the constructed building location, prepared by a licensed land surveyor shall be submitted to the Town to verify compliance with approved plans;

                        3.  Erosion control measures to be installed and maintained during construction, i.e. silt fence to be erected;

                        4.  Parking on grassy area; no driveway;
                        
                        5.  Note to be corrected to show that concrete pad/well to be converted to dry well, if compliant with code;

                        6.  Roof leaders and sump pump, if any, to be piped to “drywell” structure; and

                        7.  Demolition material shall be loaded directly into trucks or containers for proper off-site disposal.  No on-site burial of demolition debris should be allowed.


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

Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for a Special Permit Application dated November 6, 2012 to allow demolition of existing 2 family dwelling and construction of a new single family dwelling on property located at 42 Portland Avenue, Fred Guidobono, applicant.   No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, T. Risom, J. Johnson, H. Frazier  Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

4. Approval of Minutes –   Minutes of the Public Hearing and Regular Meeting of November 14, 2012

        A Motion was made by J.  Johnson, seconded by T. Risom to APPROVE the Minutes of the Public Hearing and Regular Meeting of November 14, 2012 as submitted. No further discussion and a vote was taken.  In favor:  J. Cable, J. Johnson, J. Marsh, T. Risom, H. Frazier   Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

5.  Any new or old business

        -  Informal discussion regarding Section 7.4.2 Fences, Walls and Terraces.  Martin Griswold would like to discuss a modification to height with respect to deer fencing.

        -  Election of Officers

A Motion was made by T. Risom, seconded by H. Frazier to nominate the existing slate of officers - Jane Cable as Chairman, John Johnson as Vice Chairman and Jane Marsh as Secretary.  No discussion and a vote was taken and the nominations closed.  No discussion and a vote was taken.  In favor:  J. Cable, T. Risom, J. Marsh, J. Johnson, H. Frazier   In opposition:  None   Abstaining:  None   The motion passed unanimously.  5-0-0

A Motion was made by T. Risom, seconded by H. Frazier to re-elect the existing slate of officers - Jane Cable as Chairman, J. Johnson as Vice Chairman and Jane Marsh as Secretary.  No discussion and a vote was taken.  In favor:  J. Cable, T. Risom, J. Marsh, J. Johnson, H. Frazier   In opposition:  None   Abstaining:  None   The motion passed unanimously.  5-0-0

6.  Correspondence

7.  Zoning Enforcement Report

        - proposed regulation changes concerning non-conformity and coastal resources

8. Miscellaneous/Adjournment    

        A Motion was made by J. Johnson, seconded by T. Risom, to adjourn the December 10, 2012 meeting.  No discussion and a vote was taken.  In favor:  J. Cable, J. Johnson, J. Marsh, T. Risom, H. Frazier.  5-0-0  The motion passed unanimously and the meeting adjourned at 9:20 p.m.

                
                                Jane Cable, Chairman