OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, April 8, 2013
The Old Lyme Zoning Commission held a Regular Meeting on Monday, April 8, 2013, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were Jane Cable, Chairman, Jane Marsh, Secretary, Pat Looney (Regular Member), Harland Frazier (Alternate) and Joan Bozek (Alternate arrived at 7:42 p.m.)
Also present: Ann Brown, Zoning Enforcement Officer.
Chairman Cable called the meeting to order at 7:32 p.m. She noted that all members and alternates present this evening would be voting. She immediately recessed the Regular Meeting to conduct the Public Hearing. The Regular Meeting reconvened at 9:20 p.m.
1. Special Permit Application to permit demolition of existing garage and construction of a new garage in accordance with Section 9.1.3.2 on property located at 46 Saltaire Drive, Estate of Margaret O. & Norman J. Yester, owners.
Mr. Looney suggested that in the future he would like to hear about the current condition of structures from Ms. Brown or the building inspector.
Ms. Brown noted that the septic system is not located on the property and Section 9.1.3.2 requires a code compliant septic system with no code exceptions. Mr. Looney stated that the garage is smaller than the existing garage. Ms. Brown questioned whether the Commission would like to eliminate the septic system requirement from the Regulation. Mr. Looney indicated that he did not want to eliminate it from the Regulation, but rather note that it does not apply in the situation of a garage with no living space.
A motion to grant was made by Pat Looney, seconded by Jane Marsh, as follows:
Whereas, the Zoning Commission has received a for Special Permit Application dated February 12, 2013 with cover letter, list of abutters, Statement of Use, Zoning Compliance Permit Application, a copy of the Deed, Water Easement Agreement between Garvin Family Corporation, Inc. and The Connecticut Water Company, Water Company Easement Deed between Perry Garvin, Jr. and Adeline P. Garvin and Harold P. Garvin, III and Alice C. Garvin and the Revised Easement Agreement recorded in Book 349, Page 0069 dated October 22, 2007; plan drawn February 1, 2013, revised March 7, 2013 stating “Existing Garage Re-Built”, page A1; Site Development Plan property of Estate of Margaret D. Yester & Norman J. Yester 46 Saltaire Drive Old Lyme, Connecticut dated February 5, 2013 revised 3-8-13 prepared by Angus McDonald Gary
Sharpe & Associates, Inc., sheet 1 of 1;
Whereas, the Zoning Commission has held a duly noticed public hearing on April 8, 2013, and the Commission has had an opportunity to hear testimony from the public and from the applicant; and
Whereas, the proposed use, modification to the garage, 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:
1. 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.
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. 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.
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:
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 February 12, 2013, to modify the garage, at 46 Saltaire Drive, Old Lyme, CT, Estate of Margaret O. and Norman J. Yester, applicant. Motion carried unanimously, 5:0.
2. Special Permit Application and Municipal Coastal Site Plan Review Application to permit raising house in compliance with variance granted; install a new septic system; reduce the number of bedrooms and convert to single family house; modify the house to be more conforming in size, location and number of stories (Section 9.4) on property located at 73 Swan Avenue, Bogdan and Francine Brocki, applicants/owners.
The Public Hearing for this item has been continued to the May 13, 2013 Regular Meeting.
3. Site Development Plan Modification Application, Special Permit Application and Municipal Coastal Site Plan Review Application to construct a building (28’ x 36’) to the west of the existing building with outdoor seating and takeout food (seasonal); parking lot renovations (100 +/- spaces) and landscaping; interior and exterior renovations; two entryways (one approved in front setback by ZBA); full service restaurant with State Liquor License and two outside patios (east and west) for dining and the service of alcohol (east and west sides) as an accessory use to the restaurant on property located at 218 Shore Road, Big Green Outdoor, LLC applicant.
A motion was made by Jane Marsh, seconded by Pat Looney and voted unanimously to grant the following waivers:
Waiver of Sections 13A.3.17d and 13A.3.17e, the reduction in number of trees in landscaped parking area to 21 total and no “green” buffer along street line.
Ms. Brown suggested that the Commission note in their approval that the signs shown on the plan are not part of this approval. The Commission discussed a condition that the type and number of bathrooms, male/female/handicap meet the State Building Code, and it was suggested that the Commission did not need to include this stipulation of approval as it was a requirement of the State and would have to be met. It was agreed to add a condition that the Zoning Enforcement Officer could modify the handicap parking. Ms. Marsh noted that the applicant is not requesting entertainment at this time and it was agreed to include this in the motion of approval.
A motion to grant was made by Pat Looney, seconded by Joan Bozek, as follows:
Whereas, the Zoning Commission has received applications for Site Plan Modification, Coastal Site Plan, and Special Permit approvals, to construct a building (28’ x 36’) to the west of the existing building with outdoor seating and takeout food (seasonal); parking lot renovations (100 +/- spaces) and landscaping; interior and exterior renovations; two entryways (one approved in front setback by ZBA); full service restaurant with State Liquor License and two outside patios (east and west) for dining and the service of alcohol (east and west sides) as an accessory use to the restaurant on property; Site Development Plan Modification Application, Special Permit Application and Municipal Coastal Site Plan Review Application dated March 8, 2013 with abutter list, Statement of Use, copy of
Zoning Compliance Permit Application, deeds, Plan entitled Proposed Clam Bar Annex dated March 7, 2012 prepared by Point One Architects titled Sheet A1.0; Plan entitled Proposed First Floor Plan dated March 8, 2013 prepared by Point One Architects titled Sheet A1.1; Plan entitled Proposed Basement and Second Floor/Roof Plans dated March 8, 2013 prepared by Point One Architects titled Sheet A1.2; Plan entitled Existing and Proposed Elevations [north and east] dated March 8, 2013 prepared by Point One Architects titled Sheet A2.1; Plan entitled Existing and Proposed Elevations [west and south] dated March 8, 218 Shore Road (Conn. Route 156) Old Lyme, Connecticut dated March 6, 2013 Drawing No. SP-1, Sheet 1 of 4 prepared by Indigo Land Design, LLC; Septic Design Plan prepared for Big Green Outdoor, LLC 218 Shore Road (Conn. Route 156) Old Lyme, Connecticut dated March 6, 2013 Drawing No. ST-1, Sheet 2 of 4 prepared by Indigo Land Design, LLC; Construction
Details prepared for Big Green Outdoor, LLC 218 Shore Road (Conn. Route 156) Old Lyme, Connecticut dated March 6, 2013 Drawing No. D-1, Sheet 3 of 4 prepared by Indigo Land Design, LLC; E&S Control Plan prepared for Big Green Outdoor, LLC 218 Shore Road (Conn. Route 156) Old Lyme, Connecticut dated March 6, 2013 Drawing No. D-1, Sheet 4 of 4 prepared by Indigo Land Design, LLC, 2013 prepared by Point One Architects titled Sheet A2.2 and Plan entitled Existing Floor Plans dated March 8, 2013 prepared by Point One Architects titled Sheet AX1.1. Site Plan prepared for Big Green Outdoor, LLC,
Whereas, the Zoning Commission has held a duly noticed public hearing on April 8, 2013, and the commission has heard testimony from both citizens of Old Lyme and the applicant; and
Whereas, the take-our food service is permitted by Special Permit (sec. 5.10.3), the service of alcoholic beverages as an accessory to a restaurant is permitted by Special Permit (sec. 14.5), and the site modifications are permitted by sections 13A and 13B of the Old Lyme zoning Regulations; and
Whereas, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 13A of the Regulations with the following modifications required to be added to the final plan:
1. Building signs shown on plan are not part of the approval and
2. Modification of site plan for Handicap Accessible parking may be modified by the Zoning Enforcement Officer.
3. Entertainment is not included at this time.
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 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 of the Site Plan Modification, Coastal Site Plan, and Special Permits, to construct a building (28’ x 36’) to the west of the existing building with outdoor seating and takeout food (seasonal); parking lot renovations (100 +/- spaces) and landscaping; interior and exterior renovations; two entryways (one approved in front setback by ZBA); full service restaurant with State Liquor License [entertainment not included at this time] and two outside patios (east and west) for dining and the service of alcohol (east and west sides) as an accessory use to the restaurant on property for property at 218 Shore Road with the modifications specified, Big Green Outdoor, LLC applicant. Motion passed unanimously, 5:0.
4. Special Permit Application to install a 6’ tall privacy fence along the North side of the house on property located at 30 Lyme Street, Anthony Kornacki and Lee Ann Molenaar, owners.
A motion was made by Pat Looney, seconded by Joan Bozek and voted unaniously to receive the Special Permit Application for 30 Lyme Street, Anthony Kornacki and Lee Ann Molenaar, owners and set a Public Hearing for Monday, May 13, 2013.
5. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting of March 11, 2013
A motion was made by Jane Cable, seconded by Joan Bozek and voted to approve the Minutes of the Public Hearing and Regular Meeting of March 11, 2013 with a change to the Public Hearing Minutes, page 9 – Amish Shock, Andy’s Deli should be “Amish Shah”. Motion carried, 5:0:1, with Mr. Looney abstaining.
6. Any new or old business
Ms. Brown stated that the bulk requirements are percentage requirements, with the exception of the setbacks. She suggested that 9.1.1, requiring a minimum of 18,000 square feet and allowing construction of dwellings regardless of zone size if it meets certain requirements, is a bit of a hybrid and there have been some that have been approved that may have been missing one of the requirements. She suggested removing this section. Mr. Looney stated some lots were created 50 years ago and existing lots of record are protected. Ms. Brown pointed out that lots that are not a part of subdivisions are not protected.
Ms. Marsh stated that it creates an inequity when someone can construct a dwelling on an undersized lot in other than the R-10 Zone because it is more than 18,000 square feet and has not been developed when the neighbor next door cannot put on an addition because their lot is nonconforming, even though it might be the exact same size.
Chairman Cable stated that when the people in the A Zones come to the Commission to rebuild their homes it will be a nightmare. Ms. Brown stated that they will be before the Zoning Board of Appeals. Ms. Brown stated that one of the proposed changes is to note in 9.4 that one cannot have a variance for any part of the project. Ms. Marsh stated that 9.4 was never considered to be an adjunct to Section 9.1. She noted that 9.1 has many very strict requirements. Ms. Marsh stated that the Regulation was included in the re-write because it was pre-existing in the Regulations and the Commission wasn’t thinking when they reviewed it. Chairman Cable noted that Attorney Branse has recommended that Section 9.4 be eliminated. The Commission agreed to accept Attorney Branse’s
recommendations as follows: Keep 9.1.1, add recommended language to 9.1.3.2(h), to keep 9.07 and to eliminate 9.4.
Ms. Brown suggested adding a requirement of an A-2 Survey for any variance. Chairman Cable agreed. Ms. Brown questioned whether the Commission wants to waive A-2 surveys in 9.1.3.2(i). The Commission agreed not to eliminate the A-2 Survey.
Ms. Brown stated that 9.1.4 requires an A-2 survey, and she does not believe it is necessarily required because it is in the larger zones. She indicated that she would like the ability to waive the A-2 Survey. Chairman Cable stated that the applicant could request a waiver. Ms. Brown stated that there are many instances where there is no question at all that the addition is conforming.
Ms. Marsh stated that the Commission writes the Regulations and the Commission feels that people aren’t allowed to improve their property, than the Regulations should be changed. She indicated that she does not feel that the Special Exception should be used for the variance process.
Ms. Marsh stated that eliminating 9.4 will eliminate a lot of problems.
The Commission agreed to all the changes regarding the coastal flood zones; they agreed to eliminate dry cleaning uses from the LI-80 zone.
Ms. Brown stated that requiring a Special Permit for a guest house is extraordinarily confusing and suggested that there was no need for a Special Permit. The Commission agreed.
Ms. Marsh stated that she would like to discuss Section 21.4.2 with Ms. Brown because what she is suggesting seems circular.
A public hearing was scheduled for June 10, 2013 to hear the following changes to the Zoning Regulations:
1) Proposed regulation changes concerning non-conformity and coastal resources submitted at the December, 2012 meeting;
2) Proposed changes to Section 4.4, Flood Hazard Regulations, for minimum compliance with program standards. Revisions to text and revised Map Panels must be adopted and become effective August 5, 2013;
3) Delete dry cleaning establishments in the LI-80 zone; and
4) Eliminate the requirement of a Special Permit for approval of a guest house.
7. Correspondence
None.
8. Zoning Enforcement
a. Zoning Enforcement Report
b. Site Inspection Report
None.
9. Miscellaneous/Adjourn
The meeting adjourned at 10:15 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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