OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, June 9, 2014
The Old Lyme Zoning Commission held a Regular Meeting on Monday, June 9, 2014, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were: Jane Cable, Chairman, Jane Marsh, Secretary, Tom Risom, regular member, Joan Bozek (arrived at 7:08 p.m.), regular member and Ted Kiritsis, alternate
Also present: Gil Soucie, alternate and Keith Rosenfeld, Land Use Coordinator
At 7:31 p.m., Jane Cable called the Regular Meeting to order and noted that all members present would be voting this evening. She immediately recessed the Regular Meeting to conduct the Public Hearing. At 8:14 p.m. Chairman Cable reconvened the Regular Meeting.
A motion was made by Ted Kiritsis, seconded by Tom Risom and voted unanimously to amend the agenda to move Item number 4 to Item number 1 and renumber the agenda.
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.
Rebecca Sharp was present to represent the applicant. She indicating that they are requesting a Public Hearing in July. Chairman Cable stated that it was voted at the May meeting that if Big Y wanted to go forward with this application, there would need to be a public hearing. Chairman Cable asked for a motion to receive the application and set the Public Hearing for July.
Ms. Sharpe questioned whether the application is complete or if they need additional information. Chairman Cable stated that they will need to bring their mailing receipts from notifying their abutters. It was suggested that the applicant contact the Zoning Office to be sure they have a complete list of abutters.
A motion was made by Tom Risom, seconded by Jane Marsh and voted unanimously 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.
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.
Ms. Bozek suggested a condition requiring an as-built to be sure that it is no higher than 24 feet above grade.
A motion was made by Tom Risom, seconded by Ted Kiritsis and voted unanimously 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;
2. 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:
to achieve safety, comfort and convenience;
to conserve as much of the natural terrain and provide for vegetation on the site to
the extent practical;
to be in architectural harmony with the surrounding area;
to protect nearby residential and preservation areas;
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.
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.
The Public Hearing for this item has been continued to the July 14, 2014 Regular Meeting.
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.
Ms. Bozek questioned whether there was concern that the incorrect section of the zoning regulations was used in the legal notice. Chairman Cable stated that she does not feel it mislead anyone in that they would not have attended the Public Hearing because of the error in citing the proper regulation. Mr. Risom agreed.
Ms. Bozek stated that this addition will improve the view from the river and be a benefit to the Gateway.
A motion was made by Tom Risom, seconded by Joan Bozek and voted unanimously 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:
to achieve safety, comfort and convenience;
to conserve as much of the natural terrain and provide for vegetation on the site to the extent practical;
to be in architectural harmony with the surrounding area;
to protect nearby residential and preservation areas;
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.
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.
Chairman Cable noted that this application is the Town’s application for a salt shed. She noted that this will come in as a municipal service building which the Commission just added to the Regulations in the Industrial Zone.
A motion was made by Tom Risom, seconded by Joan Bozek and voted unanimously 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.
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.
Chairman Cable suggested that the Commission do a site walk of this property.
A motion was made by Joan Bozek, seconded by Tom Risom and voted unanimously 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.
7. Release of Bond Request dated November 19, 2013 from Henry Resnikoff, a member of Lyme Academy Apartments, LLC.
No action taken.
8. Approval of Minutes
A motion was made by Jane Marsh, seconded by Joan Bozek and voted unanimously 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.
9. Correspondence
None
10. Zoning Enforcement
a. Zoning Enforcement Report
Mr. Rosenfeld stated that Pat Looney has appealed the Zoning Board of Appeals’ ruling.
b. Site Inspection Report
None
11. Miscellaneous/Adjourn
Ms. Bozek stated that she reviewed the file at 40 Hatchetts Hill Road. She explained that in 1973 a site plan was approved for a 90’ x 100’ shed for use in commercial storage and office space and including exterior storage of gravel. Ms. Bozek stated that as everyone knows over time the term storage has grown. She noted that this use was in conjunction with a construction business. Ms. Bozek stated that although it was not clear from the Statement of Use, there was a sense that early on there would be storage or transition of gravel and road type things used for road maintenance, but the intent was for it to be transitional. She noted that there is no definition of how many cars, how many trucks, what type of storage. Ms. Bozek stated that it has grown over time to include huge
dumpsters that they would dump construction debris in and take off site. She noted that they received a DEEP permit for solid waste. Ms. Bozek stated that in 1996 Marilyn Ozols sought to have them bring in a site plan to have everything approved. She noted that they filed an application in 1996 and there were a number of things they requested approval for such as repairing their own vehicles, storage of portolets, and storage of gravel and earth by-products. Ms. Bozek stated that it came to a public hearing before the Commission and shortly afterwards the application was withdrawn. She noted that the next thing in the file is a report from the Resident State Trooper indicating that someone was living at the property. Ms. Bozek stated that there is also a note from Mr. Machnik to the First Selectman questioning why the Zoning Enforcement Officer was giving him a hard time when he had been doing the same thing for years.
Ms. Bozek noted that DEEP issued a permit based on the 1973 approval. She noted that Ms. Krause, DEEP, wrote a letter to Ms. Ozols noting that the Town does not have to allow a use just because the DEEP approved a permit.
Ms. Bozek noted that the 1973 permit is for commercial use and storage of gravel. She noted that the plan is rudimentary. She noted that they are butted up against a history of someone that has been doing this for years. Ms. Bozek stated that there are many pictures in the file from over the years. She noted that there is also a huge berm on the property.
Ms. Bozek suggested that they could look at the old regulations and see if the uses were allowed and are grandfathered. Ms. Marsh noted that the Zoning Regulations were much broader in 1973.
Ms. Bozek stated that there is a note in the file from the Dog Warden complaining about garage that is drawing flies. She noted that there are also notes from Ms. Ozols noting that she has spoken to the property owner and that they were removing some cars.
Ms. Bozek stated that she can go back to Ms. Ozols 5 page letter where she goes through the list of unpermitted uses. The Commission agreed that that would be a good next step.
The meeting adjourned at 9:06 p.m. on a motion by John Johnson; seconded by Tom Risom and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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