OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, March 10, 2014
The Old Lyme Zoning Commission held a Regular Meeting on Monday, March 10, 2014, at 8:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were: Jane Cable, Chair, John Johnson, Vice Chairman, Jane Marsh, Secretary, Tom Risom, Joan Bozek, and Ted Kiritsis, alternate.
Also present was Ann Brown, Zoning Enforcement Officer.
7:30 p.m. to 8:30 p.m. – Diane Ifkovic, State NFIP Coordinator, National Flood Insurance Program (NFIP), CT DEEP, guest speaker. The following topics will be discussed: NFIP History, Basics & Government Roles; CT Flood Mapping; NFIP Statistics in Connecticut and Old Lyme; Suspension from NFIP; Variances; FEMA Mitigation Grants, Sandy funding and State-funded projects in the floodplain.
Chairman Cable introduced Diane Ifkovic at 7:30 p.m. Ms. Ifkovic went over a powerpoint presentation and answered questions from members of the public.
At 8:35 p.m., Jane Cable called the Regular Meeting to order. She noted that there are no public hearings this evening.
1. Special Permit Application to permit construction of a detached garage on property in the Connecticut River Gateway Conservation Zone, where the structures are in excess of 4,000 square feet floor area, 62 Neck Road, S. Nicholas Sapia, owner/applicant.
Nick Sapia was present to explain his application. He explained that he is asking for an exception to the Gateway requirement because his project is not visible from the Connecticut River. Mr. Sapia explained that he is proposing to construct a garage. He submitted photographs, including aerial photographs. Chairman Cable questioned whether someone in the middle of the Connecticut River in a canoe could see the proposed structure. Mr. Sapia replied that one would have to look up to see the property from the middle of the river. He noted that it is also set very far back. Mr. Sapia explained that the garage is tucked into a niche. The Commission reviewed the elevations. Mr. Sapia noted that the garage is 19’10” in height. Ms. Marsh indicated that she
does not believe it will be seen from the river.
Ms. Bozek stated that the Commission finds that the proposed structure will not be visible from the Connecticut River.
A motion was made by Joan Bozek, seconded by Tom Risom and voted unanimously to approve the Special Permit Application to permit construction of a detached garage on property in the Connecticut River Gateway Conservation Zone, where the structures are in
excess of 4,000 square feet floor area, 62 Neck Road, S. Nicholas Sapia, owner/applicant, as it is in compliance with Section 4.10.12.1.
2. Special Permit Application and Municipal Coastal Site Plan Review Application to permit dock renovations in accordance with Section 4.3.2.a of the Zoning Regulations on property located at 23 Ferry Road, Robin Sedgwick, applicant/property owner.
A motion was made by Jane Marsh, seconded by Tom Risom and voted unanimously to receive the Special Permit Application and Municipal Coastal Site Plan Review Application for 23 Ferry Road, Robin Sedgwick, applicant, and set a Public Hearing for Monday, April 14, 2014.
3. Special Permit Application to allow under Section 5.4.3, Special Permit Uses, Per Section 13B a gathering place for live, local and homegrown music, Gail Stevens of Nightingales Acoustic Cafe, applicant, 68 Lyme Street; MusicNow Foundation, Inc. a 501 (c) (3) nonprofit organization.
Mr. Risom noted that 68 Lyme Street is across from the barbershop. Ms. Brown stated that the non-profit organization would like to change the use. She noted that the applicant would like to serve food and have children come in and play their instruments.
A motion was made by Joan Bozek, seconded by Tom Risom and voted unanimously to receive the Special Permit Application for Nightingales Acoustic Café, 68 Lyme Street, Gail Stevens, applicant and set a Public Hearing for Monday, April 14, 2014.
4. Release of Bond Request dated November 19, 2013 from Henry Resnikoff, a member of Lyme Academy Apartments, LLC.
No action taken.
5. Approval of Minutes
Minutes of the Public Hearing and Regular Meeting of February 10, 2014
A motion was made by Tom Risom, seconded by Joan Bozek and voted unanimously to table the minutes of the February 10, 2014 Meeting until the next Regular Meeting on Monday, April 14, 2014.
6. Correspondence
Letter dated March 5, 2014 from Christina Clayton, President of the Old Lyme Land Trust (OLLT). The OLLT is applying for a grant under DEEP’s 2014 Open Space and Watershed Land Acquisition Grant Program to acquire land at 106 Four Mile River Road from Miami Beach LLC and would like the Zoning Commission to review and write a letter of support.
Chairman Cable stated that she was contacted by neighbors of the Land Trust who were very unhappy with the stewardship of the land by the Land Trust. She indicated that she is not sure whether she should recuse herself. Chairman Cable stated that the Land Trust has purchased a lot in a subdivision to access their larger parcel. She indicated that the fact that the land is on Four Mile River Road where she lives is not the part that bothers her. She stated that she has doubts in her mind that the Land Trust should get a grant from the State to get more land.
Jane Marsh recused herself.
Chairman Cable stated that Open Space is writing a letter of support.
Mr. Risom stated that land in one subdivision could be used to access open space in another which could create traffic in the subdivision. Chairman Cable stated that unless this is time sensitive, she would like to see the Land Trust negotiate with their upset neighbors, maybe with the Selectman’s assistance, and table this item to the April Regular Meeting. Chairman Cable stated that the issues were parking throughout the subdivision on street, blocking driveways, inappropriate interactions with homeowners, and camping overnight.
Ms. Brown noted that the application needs to be filed by March 31, 2014.
Ms. Bozek stated that good citizenship is important and suggested that the neighbors could negotiate with the Land Trust as far as designating appropriate parking. She noted there are many things that could be done to improve the stewardship.
Chairman Cable stated that the land across from Stone Leigh Knoll is beautifully maintained and not a nuisance to their neighbors. She noted that she doesn’t think that the Commission can write a letter saying that they are in favor as long as the Land Trust is a good steward of the property. Chairman Cable stated that she asked the First Selectman to hold a meeting between the two parties because the parking on the road and the width of the road is a Town issue.
A motion was made by Tom Risom, seconded by Ted Kiritsis and voted to write a letter of support on behalf the Old Lyme Land Trust for its grant application under the DEEP’s 2014 Open Space and Watershed Land Acquisition Grant Program to acquire land at 106 Four Mile River Road. Motion carried, 3:0:1, with Chairman Cable abstaining.
Ms. Bozek will write the letter for the Commission.
7. Zoning Enforcement
a. Zoning Enforcement Report
The Commission reviewed the enforcement report. Ms. Bozek volunteered to continue the review of the property on Hatchetts Hill Road.
Ms. Brown noted that there was an article in The Day today regarding the Chocolate Shell. She suggested that the Commission members read the article.
Ms. Brown noted that Mr. Looney has appealed his Cease and Desist Order; the hearing is Tuesday, March 18, 2014.
b. Site Inspection Report - None
8. Miscellaneous/Adjourn
The meeting adjourned at 9:15 p.m. on a motion by Joan Bozek; seconded by Jane Marsh and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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