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Zoning Commission Record of Vote 06/09/2014
RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
MONDAY – JUNE 9, 2014, 7:30 P.M.
Meeting Hall at Memorial Town Hall
52 Lyme Street, Old Lyme, CT

1.      Convene Meeting; announcement of voting members.

Present:  Jane Cable, Chairman, Jane Marsh, Secretary, T. Risom, regular member, J. Bozek, regular member and Ted Kiritsis, alternate

Also present:  Gil Soucie, alternate and Keith Rosenfeld, Land Use Coordinator

Absent:  John Johnson, Vice Chairman

CONTINUED PUBLIC HEARING:

1.  Special Permit Application and Municipal Coastal Site Plan Review Application to allow the expansion of outdoor seating and food service by permitting tables and chairs on the beach in front of existing patio and liquor service on the beach on property located at 88 Hartford Avenue, Leonard T. Corto, applicant – Discussion about the request for waivers under Section 13A2.11, 13A2.8, 13A2.9 and 13A2.12 of the Zoning Regulations – THE APPLICATION HAS BEEN WITHDRAWN

PUBLIC HEARINGS:

1.  Special Permit Application to allow a 630 sq. ft. art studio addition at 30 Seaview Road in accordance with Section 9.1.3.2 of the Zoning Regulations, Tai Soo Kim, applicant.  

A Motion was made by T. Risom, seconded by T. Kiritsis to CLOSE the Public Hearing on the Special Permit Application to allow a 630 sq. ft. art studio addition at 30 Seaview Road in accordance with Section 9.1.3.2 of the Zoning Regulations, Tai Soo Kim, applicant.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, T. Risom, G. Soucie, T. Kiritsis   Opposed:  None   Abstaining:  None   The motion passed unanimously. 5-0-0

Joan Bozek arrived, seated for the rest of the meeting

2.  Special Permit Application to allow removal of fill resulting from construction of an agricultural  irrigation pond at 220-1 Whippoorwill Road in accordance with Section 15.3 of the Zoning Regulations, Dennis Chupron, applicant.  

A Motion was made by J. Bozek, seconded by T. Risom to CONTINUE the Public Hearing to the July 14, 2014 Regular Meeting for the Special Permit Application to allow removal of fill resulting from construction of an agricultural irrigation pond at 220-1 Whippoorwill Road in accordance with Section 15.3 of the Zoning Regulations, Dennis Chupron, applicant.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, T. Risom, G. Soucie, T. Kiritsis   Opposed:  None   Abstaining:  None   The motion passed unanimously. 5-0-0
        
3.  Special Permit Application to allow renovation of an existing structure and an addition of a second floor balcony on the west side on property located at 15-2 Tantummaheag Road, in accordance with Section 4.10.12 of the Zoning Regulations, H. P. Broom – Housewright, Inc., applicant, Rives and Nancy Potts, owners.  

A Motion was made by T. Kiritsis, seconded by T. Risom to CLOSE the Public Hearing on the Special Permit Application to allow renovation of an existing structure and an addition of a second floor balcony on the west side on property located at 15-2 Tantummaheag Road, in accordance with Section 4.10.12 of the Zoning Regulations, H. P. Broom – Housewright, Inc., applicant, Rives and Nancy Potts, owners.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, T. Risom, J. Bozek, T. Kiritsis   Opposed:  None   Abstaining:  None   The motion passed unanimously. 5-0-0

REGULAR MEETING:

A Motion was made by T. Kiritsis, seconded by T. Risom to amend the agenda to move Item number 4 to Item number 1 and renumber the agenda.  No discussion and a vote was taken. In favor:  J. Cable, J. Marsh, T. Risom, J. Bozek, T. Kiritsis   Opposed:  None   Abstaining:  None   The motion passed unanimously. 5-0-0

1. (4.)  Site Development Plan Modification Application to permit moving the bottle recycling machines from the inside to the outside of the structure under at the at the Big Y Supermarket located at 90 Halls Road, F. William Brown, LLC, applicant.  Applicant is requesting that the Zoning Commission determine that this proposal is minor change that can be delegated to the Zoning Enforcement Officer Section 13A.4.10 of the Old Lyme Zoning Regulations.  

A Motion was made by T. Risom, seconded by J. Marsh to receive the Site Development Plan Modification Application to permit moving the bottle recycling machines from the inside to the outside of the structure under at the at the Big Y Supermarket located at 90 Halls Road and set a Public Hearing for Monday, July 14, 2014.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, T. Risom, J. Bozek, T. Kiritsis  Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

2.  Special Permit Application to allow a 630 sq. ft. art studio addition at 30 Seaview Road in accordance with Section 9.1.3.2 of the Zoning Regulations, Tai Soo Kim, applicant.  

A Motion was made by T. Risom, seconded by T. Kiritsis to grant as follows:

Whereas, the Zoning Commission has received a for Special Permit Application dated April 22, 2014 with statement of use, abutter list and a copy of Zoning Compliance Permit Application.  Plans prepared by Tai Soo Kim, owner/architect depicting site plan, site data table soil erosion and sediment control plan and sediment control detail dated 4/24/2014, page 1 of 5, Roof plan and existing  First floor plan dated 4/24/2014 page 2 of 5, page 3 of 5 contains east elevation, west
elevation and south elevation dated 4/22/2014, page 4 of 5 depicts height dated 4/22/2014 and page 5 of 5 dated 4/22/2014 depicts roof and floor framing and foundation plan;

Whereas, the Zoning Commission has held a duly noticed public hearing on June 9, 2014, 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:

  • the property is hooked into the Point O’ Woods sanitary system;
  • there is no new nonconformity, nor increase in any existing nonconformity, with respect to setback, coverage, and other Bulk requirements;   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.
                                        
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.  The Plan shall be modified to show an as-built condition of no more than 24 feet above existing grade.

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 April 22, 2014, to allow a 630 s.f. art studio addition on property located at 30 Seaview Road, Old Lyme, CT, Tai Soo Kim, applicant, with the modifications specified.
No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, T. Risom, J. Bozek, T. Kiritsis  Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

3.  Special Permit Application to allow removal of fill resulting from construction of an agricultural  irrigation pond at 220-1 Whippoorwill Road in accordance with Section 15.3 of the Zoning Regulations, Dennis Chupron, applicant – PUBLIC HEARING CONTINUED TO JULY 14, 2014

4.  Special Permit Application to allow renovation of an existing structure and an addition of a second floor balcony on the west side on property located at 15-2 Tantummaheag Road, in accordance with Section 4.10.12 of the Zoning Regulations, H. P. Broom – Housewright, Inc., applicant, Rives and Nancy Potts, owners.  

A Motion was made by T. Risom, seconded by J. Bozek to grant as follows:

Whereas, the Zoning Commission has received an application for Special Permit approval dated May 9, 2014 with the following:  statement of use, abutter list, drawing depicting the “cantilever deck”, drawing depicting the “bay window”, a copy of the Warranty Deeds and a copy of the recorded Certificate of Decision from September 9, 2013.   Photocopy of area showing silt fencing, drawing depicting cross section of bay window, drawing depicting West Exterior Elevation dated 6/7/13, drawing number A-6, drawing of front of house, drawing depicting North Exterior Elevation dated 6/7/13 drawing number A-4 and drawing depicting bay windows.   Survey – Title: Land of G.R. Cummings II Old Lyme, CT dated 6/14/89 revised 8/14/89 for Monuments and R.O.W. delineation added, 6/5/92 to revise Title and add Parcel “A” allocation, 5/22/00 for R.O.W. in favor of Parcel “A” added and 2/9/01 Deed references added, Sheet 2 of 2 same, Prepared by Frederick A. Radcliffe, P.C.  Notation Map recorded as Map #3094 only revised to 5/22/00, Map #3095 only revised to 5/22/00; and


Whereas, the Zoning Commission has held a duly noticed public hearing on June 9, 2014, and the Commission has had an opportunity to hear testimony both from citizens of Old Lyme and the applicant; and

Whereas, the proposed renovations of the existing structure and an addition of a second floor balcony  on the west side require the approval of a Special Permit under the Old Lyme Zoning Regulations Section 4.10.12 because the Floor Area of the structures on the site will exceed 4,000 sf,;

Whereas, the Commission has considered the following conditions, and the Commission has concluded that:
        1. Proposed site development shall maintain the essential natural characteristics of the site, such as major land forms, natural vegetative and wildlife communities, hydrological features, scenic qualities and open space that contributes to a sense of place.
        2. Renovations and the balcony shall be adapted to the existing terrain, rather than altering the earth form to create a platformed development site.
             3. Structures located above the crest of hillsides facing the river shall be held back from the crest of the hill to maintain a clear sense of the hillside brow in its natural condition.
        4. Architectural elements shall not be overemphasized in a manner which disrupts the natural silhouette of the hillside.  Structures shall be designated so that the slope of the angle of the roof pitch is generally at or below the angle of the natural hillside or manufactured slope.
        5. Building forms shall be scaled to the particular environmental setting to avoid excessively massive forms that fail to enhance the hillside character.  Massing of structural elements such as large roof areas shall be broken up to approximate natural slopes.
        6. Roof lines shall relate to the slope and topography.  Rooftop treatment shall be designed to avoid monotony of materials, forms and colors.  Dark-colored roof treatments, which reduce visual impact on the structure of the landscape are preferred.
        7. Site design shall preserve the existing natural landscape where possible and include new landscaping which is compatible with existing natural vegetation, the scenic character of the area, and increases visual buffering between the building and the River or its tributaries within the Conservation Zone.
        8. Development shall be located so as to minimize the disturbance of sensitive areas.  The smallest practical area of land should be exposed at any one time during development and the length of exposure should be kept to the shortest practical time.  Disturbed areas shall be replanted with non-invasive trees, shrubs and ground cover species which are compatible with existing vegetation.
        9. Site grading shall avoid straight and unnatural slope faces.  Cut and fill slopes shall have curved configurations to reflect as closely as possible the forms and shapes of surrounding topography.  At intersections of manufactured and natural slopes, abrupt angular intersections should be avoided, and contours should be curved to blend in with the natural shape; and

Whereas, the Commission makes the following findings concerning this proposal:
                        a.      Proposed structures and site work have been designed to fit the hillside rather than
                   altering the hillside to fit the structure and site design.
                        b.      Disturbance to existing topographic forms is minimized and proposed grading and
                   excavation will not result in soil erosion and silting of lower slopes.
                        c.      The proposed development retains or enhances the visual character of the site and
                      the  area by utilizing proper structural scale and character, varied architectural
                       treatments and appropriate plant materials to buffer the mass of the building from
                       the Connecticut River or its tributaries within the Conservation Zone.
                        d.      The proposed design preserves or enhances significant natural features and
                       maintains or restores the natural and traditional character of the river scene.
                        
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 to Rives and Nancy Potts for the Special Permit application for property at 15-2 Tantummaheag Road, Old Lyme, CT.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, T. Risom, J. Bozek, T. Kiritsis  Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

5.  Special Permit Application to allow construction of a 60’ wide by 100’ long x 30’ +/- high storage building at 3 Machnik Drive in accordance with Sections 5.12 & 13B of the Old Lyme Zoning Regulations, Town of Old Lyme, applicant.

A Motion was made by T. Risom, seconded by J. Bozek to receive the Special Permit Application to allow construction of a 60’ wide by 100’ long x 30’ +/- high storage building at 3 Machnik Drive and set a Public Hearing for Monday, July 14, 2014.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, T. Risom, J. Bozek, T. Kiritsis  Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

6.  Special Permit Application and Municipal Coastal Site Plan Review Application to demolish existing seasonal cottage and construct a year round single family residence, in accordance with Sections 9.1.3, 9.1.3.2 and 9.07 of the Old Lyme Zoning Regulations, on property located at 75 Hillcrest Road, Thomas & Maria Prignano, applicants.

A Motion was made by J. Bozek, seconded by T. Risom to receive the Special Permit Application and Municipal Coastal Site Plan Review Application to demolish existing seasonal cottage and construct a year round single family residence, on property located at 75 Hillcrest Road and set a Public Hearing for Monday, July 14, 2014.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, T. Risom, J. Bozek, T. Kiritsis  Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

7.  Release of Bond Request dated November 19, 2013 from Henry Resnikoff, a member of Lyme Academy Apartments, LLC – NO ACTION AT THIS TIME

8. Approval of Minutes  –  Minutes of the Public Hearing and Regular Meeting of April 14, 2014
                                    –  Minutes of the Regular Meeting of May 12, 2014 – next month

A Motion was made by J. Marsh, seconded by J. Bozek to APPROVE the Minutes of the Public Hearing and Regular Meeting of April 14, 2014 and the Minutes of the Regular Meeting of May 12, 2014, as submitted.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, T. Risom, J. Bozek, T. Kiritsis   Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0
                                                
9.  Correspondence - None

10.  Zoning Enforcement Report

11.  Miscellaneous/Adjournment          

A Motion to adjourn was made by T. Kiritsis, seconded by J. Bozek.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, T. Risom, J. Bozek, T. Kiritsis   In opposition:  None   Abstaining:  None  The Motion carried 5-0-0  The meeting adjourned at 9:06 p.m.

                                        Jane Cable, Chairman    



NEXT MEETING OF THE ZONING COMMISSION IS
MONDAY, JULY 14, 2014,
7:30 P.M., MEETING HALL, 52 LYME STREET, OLD LYME, CT