OLD LYME ZONING COMMISSION
PUBLIC HEARING
Monday, June 9, 2014
The Old Lyme Zoning Commission held a Public Hearing on Monday, June 9, 2014, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Jane Cable, Chairman, Jane Marsh, Secretary, Tom Risom, regular member, Joan Bozek, regular member (arrived at 7:08 p.m.) and Ted Kiritsis, alternate
Also present: Gil Soucie, alternate and Keith Rosenfeld, Land Use Coordinator
Chairman Cable called the Public Hearing to order at 7:32 p.m. Ms. Marsh read the legal notices, as published in the New London Day, for the record.
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.
This application was withdrawn.
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. Marsh read the list of exhibits for the record. Mr. Kim stated that he is the owner of 30 Seaview Road and would like to construct a 630 sq. ft. addition for use as an art studio. He noted that it is for his personal use, along with his wife’s use. He explained the site plan to the Commission, noting that the existing house is one story. Mr. Kim stated that his proposed coverage is 24.58 percent, where 30 percent is allowed. He noted that the addition also meets the setback requirements. He noted that the maximum height allowed is 24 feet and the addition will be 14 feet high. Mr. Kim stated that his lot is 8,852 square feet in a zone that requires 10,000 square feet, which is the reason he is before the Commission. He noted that the addition cannot be seen from the
street. Mr. Kim indicated that he spoke to his abutting neighbors and they are in favor of the proposal.
Joan Bozek arrived at this time (7:08 p.m.) and was seated for the remainder of the meeting.
Ms. Marsh questioned whether the roof addition was connecting to the house to crease a passageway. Mr. Kim replied that he was not creating a passageway. Ms. Marsh questioned the height of the peak. Mr. Kim replied that it is 23 or 24 feet. Ms. Marsh noted that the limit is 24 feet.
Ms. Bozek questioned whether the grade is being changed. Mr. Kim replied that he is not changing the grade. Chairman Cable questioned whether there will be a sink. Mr. Kim replied that there is a sink and there will also be a fireplace.
Mr. Soucie questioned whether Mr. Kim paints or sculpts. Mr. Kim replied that he is a painter.
No one present spoke in favor of or against the application. Hearing no further comments, Chairman Cable asked for a motion to close the Public Hearing.
A motion was made by Tom Risom, seconded by Ted Kiritsis and voted unanimously 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.
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.
Ms. Marsh read the exhibit list for the record.
Mr. Chupron stated that he would like to have a tree farm and in order to do that he needs an irrigation pond. He explained that in building the pond he must remove fill. He noted that he has room to stockpile the fill but he is asking permission to move it offsite. Mr. Chupron stated that they will use some for driveway maintenance and low spots on the property. Mr. Kiritsis questioned how many yards would be removed. Mr. Chupron stated that it depends on how deep the water table is in the area. He noted that he will stockpile the fill so that it drives. He noted that the water will go back into the ground. Mr. Chupron stated that there is a berm all the way around the property and nothing will be able to run off onto the neighboring properties. He noted that it is an
old sand and gravel pit.
Mr. Chupron noted that his property is the highlighted on the site plan. Chairman Cable questioned whether he planned to lease space on the property to raise Christmas trees. Mr. Chupron replied that he is and he will be the person responsible for taking care of the trees.
Ms. Marsh read the Statement of Use for the record, which states that the pond will be approximately 200 feet by 200 feet.
Chairman Cable suggested that the Commission might make a condition that the berm be maintained. Mr. Chupron noted that there are trees growing on the berm and he has no intention of disturbing the berm.
Chairman Cable questioned where the excavated material would be stored. Mr. Chupron pointed out a flat area on the plan and noted that the river will not receive run-off.
Chairman Cable questioned whether Mr. Chupron brought his cards showing that all his abutters have been notified. Mr. Chupron noted that he only has one abutter. Chairman Cable explained that Mr. Chupron needs to notify his abutters and the Public Hearing will have to be continued until next month.
No one present spoke in favor of or against the application. Hearing no further comments, Chairman Cable asked for a motion to continue the Public Hearing to the July Regular Meeting.
A motion was made by Joan Bozek, seconded by Tom Risom and voted unanimously 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.
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. Marsh read the exhibit list for the record. Mr. Broom was present to represent the applicants. He submitted a mailing receipt indicating that he sent notice to his abutters. Mr. Broom stated that the proposed balcony is 12’ wide by 4.5 feet and is off the master bedroom space on the second story. He noted that there will be no supports to the ground as it will be supported by the structure.
Mr. Risom questioned why the application is coming in under Section 4.10.12. He noted that the only issue he sees is a Gateway issue. Chairman Cable noted that 4.10.12 is wetlands and there does not appear to be a wetlands issue.
Mr. Broom stated that the house is not 4,000 square feet. Mr. Soucie questioned whether the other buildings on the property combined total 4,000 square feet. It was noted that all buildings on the property combined are more than 4,000 square feet, which is when Gateway approval is required. Chairman Cable stated that Torrance Downes has indicated that Gateway has no problem with this proposal.
No one present spoke in favor of or against the application. Hearing no further comments, Chairman Cable asked for a motion to close the Public Hearing.
A motion was made by Ted Kiritsis, seconded by Tom Risom and voted unanimously 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.
Chairman Cable adjourned the Public Hearing at 8:14 p.m.
Respectfully,
Susan J. Bartlett
Recording Secretary
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