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Zoning Commission Public Hearing Minutes 07/14/2014






OLD LYME ZONING COMMISSION
PUBLIC HEARING
Monday, July 14, 2014

The Old Lyme Zoning Commission held a Public Hearing on Monday, July 14, 2014, at 7:30 p.m. in the Auditorium of Memorial Town Hall.  Those present and voting were:  Jane Cable, Chairman, John Johnson, Vice Chairman, Jane Marsh, Secretary (arrived at 8:14 p.m.), Gil Soucie, alternate and Ted Kiritsis, alternate.

Also present:  Keith Rosenfeld, Land Use Coordinator

Chairman Cable called the Public Hearing to order at 7:32 p.m.

1.      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.  

Chairman Cable noted that this public hearing was continued so that the green notification cards could be submitted for the record.  No one present spoke in favor of or against the application.  

Mr. Kiritis questioned who much fill would be removed.  Mr. Chupron stated that he will remove as much as he needs to get to water but no more.  He showed the area on the site plan where he plans to use the fill.  He indicated that he will be removing some fill to offset the cost of digging.

A motion was made by Ted Kiritsis, seconded by Gil Soucie and voted unanimously to close the Public Hearing on the Special Permit Application to allow removal of fill resulting from construction of an agricultural irrigation pond at 220-1 Whippoorwill Road.  

Mr. Johnson read the legal notice for the remaining Public Hearings.
2.      Site Development Plan Modification Application to permit moving the bottle recycling machines from the inside to the outside of the structure at the Big Y Supermarket located at 90 Halls Road, F. William Brown, LLC, applicant.  

Mr. Johnson read the Exhibit List for the record.  Mr. Johnson read the Fire Marshal’s letter commenting on the application.
        
Laurie Bryant submitted proof of mailing cards.  She noted that the Fire Marshal’s concerns have all been addressed.  She presented an updated plan showing these changes.

First Selectwoman, Bonnie Reemsnyder indicated lighting and trash is a valid concern.  She stated that she hopes it will be well monitored.

Laurie Bryant stated that there will be no lights on after the store closes and the bottle machines will be turned off.

Hearing no further comments, Chairman Cable asked for a motion to close the Public Hearing.

A motion was made by John Johnson, seconded by Ted Kiritsis and voted unanimously to close the Public Hearing on the Special Permit Application to permit moving the bottle recycling machines from the inside to the outside of the structure at the Big Y Supermarket located at 90 Halls Road.  

3.      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 the Inland Wetlands Commission meets on July 22, and at that time they will set a site walk.  She stated that their vote will take place at their August 26, 2014 meeting.  She noted that the Zoning Commission can open the Public Hearing this evening but won’t be able to vote until their September Regular Meeting so the Public Hearing will need to be continued to that time.

Mr. Johnson read the Exhibit List for the record.

Bonnie Reemsnyder, First Selectman, stated that the building is solely for storage by Pubic Works.  She noted that the structure will be on a concrete base.

No one present spoke in favor of or against the application.  Ms. Reemsnyder agreed to hold the Public Hearing open until September 8, 2014.

A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to continue the Public Hearing until the September 8, 2014 Regular Meeting on order to obtain Wetlands approval on the Special Permit Application to allow construction of a 60’ wide by 100’ long x 30’ +/- high storage building at 3 Machnik Drive.

Ms. Marsh arrived at this time, 8:14 p.m.

4.      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.

Ms. Marsh read the Exhibit List for the record.  Thomas and Maria Prignano were present to explain their application.  They were not able to provide mailing notifications to their abutters so Chairman Cable noted that testimony can be taken but the Public Hearing will have to be held open to the August 11, 2014, Regular Meeting.

Greg Hanner, representative for the builder, began working with Tom and Maria in September 2013.  He explained that they met with Ms. Brown and her recommendation was to redesign to be in compliance with the height requirements so they did and came back with the new design, but still require a Special Permit and a variance for a setback.  Mr. Hanner stated that the proposal is to demolish the existing nonconforming home.  He read the zoning chart, noting the existing nonconformities.  

Chairman Cable explained that the purpose of the Special Permit is to give relief so that people do not have to get variances to make improvements, but she noted that conversely the Zoning Commission does not want to give relief and then have people get a variance the next month for height.  She noted that this recently happened.  Chairman Cable noted that this is a quite difficult lot.

Mr. Hanner stated that they are reducing the nonconformities on the lot with the proposed plan.  Mr. Kiritsis stated that from the rear the home appears to be 2.5 stories.  Mr. Hanner noted that there is a walk-out basement.  He noted that the basement will not be used for habitation and noted that the ceiling height is 5’ 11”.  Chairman Cable noted that the Commission may make that a condition if the application is approved.

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 August.

A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to continue the Public Hearing until the August 11, 2014 Regular Meeting to obtain certified receipts on the Special Permit Application and Municipal Coastal Site Plan Review Application to demolish existing seasonal cottage and construct a year round single family residence.  
 
Chairman Cable adjourned the Public Hearing at 8:25 p.m.

Respectfully,


Susan J. Bartlett
Recording Secretary