OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, August 11, 2014
The Old Lyme Zoning Commission held a Regular Meeting on Monday, August 11, 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, Tom Risom, regular member and Joan Bozek, regular member.
Present: Keith Rosenfeld, Land Use Coordinator and Gil Soucie, alternate.
At 7:31 p.m., Chairman Cable called the Regular Meeting to order, noting that all the Regular Members would be seated. She immediately recessed the Regular Meeting to conduct the Public Hearing. At 7:34 p.m. Chairman Cable reconvened the Regular Meeting.
1. 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.
Mr. Soucie was seated for Ms. Bozek for this matter. Ms. Bozek questioned whether a variance was obtained, noting that she was not clear from the minutes. She noted that the minutes indicated that a variance is required. Chairman Cable stated that she does not remember a variance be required and that the minutes should be clarified.
The Commission members reviewed the site plan. Mr. Johnson noted that the side setback is 12’. Chairman Cable noted that the stairs and landing on the right hand side are in the setback. She noted that although this is recorded in the minutes, the Commission did not discuss this matter at the July Public Hearing.
Mr. Johnson noted that the Commission cannot approve an application that requires a variance. Chairman Cable noted that they could approve it contingent that the stairs and landing on the south side are removed. Ms. Bozek stated that the stairs would have to be reset.
Keith Rosenfeld noted that architectural features can project 1 foot into the setback. Mr. Johnson noted that the stairs project more than one foot into the setback. Ms. Bozek stated that the stairs are not an architectural feature but rather part of the structure. She suggested that perhaps the Commission should consult with their attorney and postpone making a decision. Chairman Cable stated that the Commission could approve with the provision that the stairs and landing cannot project into the setback.
There was discussion as to whether the stairs where a support to the deck. Mr. Johnson stated that he feels the 3’ x 4’ area is a landing, not a deck.
A motion was made by John Johnson, seconded by Gil Soucie and voted unanimously to grant the Special Permit Application and Municipal Coastal Site Plan Review Application, as follows:
Whereas, the Zoning Commission has received an application for Special Permit approval which includes: Special Permit Application and Municipal Coastal Site Plan Review Application dated May 21, 2014, applicants Thomas & Maria Prignano with statement of use, abutter list, location maps and quit-claim deed. Property/Boundary Survey showing proposed new house 75 Hill Crest Road Old Lyme, Connecticut prepared for Thomas & Maria Prignano dated December 20, 2013 sheet 1 of 1 prepared by J Dempsey Associates LLC, New London, CT and proposed renderings of proposed residence for Thomas & Maria Prignano 75 Hill Crest Road Old Lyme, CT 06371 dated 4/29/14 prepared by Brom Builders, Inc., Norwich, Drawing numbers A-1, A-2, A-3, A-4 and A-5.
Whereas, the Zoning Commission has held a duly noticed public hearing on July 14, 2014 which was continued to August 11, 2014, and the Commission has had an opportunity to hear testimony both from citizens of Old Lyme and the applicant; and
Whereas, the proposed use (to demolish existing seasonal cottage and construct new year-round dwelling served by public water and city sewer) is allowed by Special Permit under the Old Lyme Zoning Regulations Sections 9.1.3, 9.1.3.2 and 9.07, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 13A and B of the Regulations with the following modification required to be added to the final plan:
1. The stairs on the south side of the building to be eliminated from the side yard setback.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13A and B, in particular that the proposed use, buildings and or 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 floatable debris therein; 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.
[Amended Effective 4-1-09]
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 Zoning Commission has received comments from the Office of Long Island Sound Programs of the Department of Energy and Environmental Protection, after submitting the application materials to them for review, and the Commission determines that the application and plans, as they will be revised, are consistent with the goals and policies of the Coastal Management Act;
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 Thomas & Maria Prignano, for a Special Permit/Coastal Site Plan for property at 75 Hillcrest Road, Old Lyme, Ct, with the modification specified above. Motion carried 4:0:0.
Chairman Cable asked Mr. Rosenfeld to find out from Ms. Brown what she was considering when she approved this application.
2. Special Permit Application to permit a yoga studio in an existing building, in accordance with Section 13B of the Old Lyme Zoning Regulations, on property located at 23 Lyme Street, Mimi Brainard, applicant, Jeff Cooley property owner.
A motion was made by John Johnson, seconded by Tom Risom and voted unanimously to receive the Special Permit Application to permit a yoga studio in an existing building on property located at 23 Lyme Street and set a Public Hearing for Monday, September 8, 2014.
3. Special Permit Application to permit reconstruction of existing storage shed in a conforming location which will be raised to a floor level that will negate flooding except in major hurricane events and the structure will conform to all setback and height requirements, in accordance with Sections 9.1.3.2, 9.3, 9.3.1, 9.3.2 and 9.3.3 of the Old Lyme Zoning Regulations, on property located at 9 Sea Lane, Joseph Sullo, applicant.
A motion was made by John Johnson, seconded by Tom Risom and voted unanimously to receive the Special Permit Application to permit for reconstruction of existing storage shed in a conforming location which will be raised to a floor level that will negate flooding on property located at 9 Sea Lane and set a Public Hearing for Monday, September 8, 2014.
4. 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.
The Public Hearing for this item has been continued to the September 8, 2014, Regular Meeting awaiting Wetlands approval.
5. Petition to Amend the Zoning Regulations to allow an animal shelter which is not listed as a Permitted Use in Section 5.12 Light Industry LI-District (LI) under Section 5.12.3 Special Permit Uses, Per Section 13B, Pet Connections, Inc., M. Glynn McAraw, President, applicant.
The Public Hearing for this item is scheduled for the September 8, 2014, Regular Meeting.
A motion to move the item regarding the definition of shelters from under correspondence to item number 6 and renumber was made by John Johnson, seconded by Joan Bozek and voted unanimously.
6. Discussion with respect to further amendment of the zoning regulations to include a definition for an animal shelter per letter dated August 4, 2014 from Branse & Willis.
Ms. Bozek noted that the Commission was in receipt of a letter regarding a change in language to the proposal. Chairman Cable noted that the language could be amended the evening of the hearing if there is no change in the intent. There was discussion on how to proceed. Mr. Rosenfeld will contact the petitioner, Ms. McAraw, on how to proceed.
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 Joan Bozek, seconded by John Johnson to and voted unanimously to approve the Minutes of the Public Hearing and Regular Meeting of July 14, 2014 with the following correction to the Public Hearing minutes page 3, second paragraph to delete “and a variance for a setback” [it was stated that a Special Permit was needed and variance for the “landing and stairs.”]
9. Correspondence
– Correspondence received from Wilcox Tree Experts, LLC, Jason Wilcox owner, outlining his business and suitability for the site located at 224 Shore Road.
Chairman Cable questioned whether there would be an application to move the business to Shore Road. Mr. Jason Wilcox stated that the site on Shore Road is located to the east of Cherrystone’s. He indicated that his business is currently on Buttonball. Mr. Risom noted that the property is located in the C30 zone. He noted that the lot is almost 2 acres.
Mr. Wilcox stated that the property is a mess right now and he plans to clean it up. Mr. Rosenfeld stated that he and the applicant have discussed what needs to be done on the property. Mr. Wilcox noted that the property will be used for the storage of his equipment and no work will take place at the site. He indicated that he would eventually like to construct a garage. Mr. Wilcox stated that there may be firewood stored in addition to wood chips. He stated that the garage would be turned away from the street so that there could be plantings in front.
Ms. Marsh noted that the Commission would need a site plan in order to approve the use. Mr. Wilcox stated that he is looking to find something to bring to the bank. He displayed a site plan showing what currently exists on the site. Mr. Wilcox explained approximately where he would propose to put the two-bay garage and fencing. Ms. Marsh suggested that the applicant be sure there are no wetlands on the property. Chairman Cable stated that she does not recall wetlands on the property. Chairman Cable suggested that a little money will need to be invested to hire a soil scientist. She noted that the Commission looked at this property with an application from Joe Wren.
Chairman Cable stated that the activity is an approved use in this zone.
Mr. Wilcox noted that the existing house is currently rented and he will continue to rent it out. Chairman Cable noted that she feels the proposal is reasonable. Mr. Wilcox noted that the property has been an eyesore for years. Chairman Cable stated that when he is ready to move forward he should bring an application to the Commission for site plan approval.
– Zoning Enforcement Report – Discussion with respect to District 18 Regional High School and outstanding punch list items.
Mr. Rosenfeld stated that there is a 32 item punch list and he thought it best that the Commission review the list. Chairman Cable stated that her husband is on the building committee and he was unaware there was a zoning punch list.
Mr. Johnson stated that if the Commission made the conditions they need to be lived up to. He noted that he feels the issue is administrative and Mr. Rosenfeld should review and make sure they are met. Mr. Rosenfeld noted that some items were included because they had to do with the children’s safety and were not necessarily added by the Commission.
Ms. Bozek stated that the Commission ran into this same type of issue with the Church and they came before the Commission to discuss and come to an agreement. She noted that agreed to changes were shown on the as-built plan.
Mr. Johnson stated that Mr. Rosenfeld should go through the list and bring any concerns to the Commission. He reiterated that this is an administrative task. Mr. Johnson stated that as far as he is concerned they should do everything on the list unless there is a good reason. Chairman Cable stated that many of the changes were made by the building committee without the knowledge that Zoning had other requirements.
It was agreed that Mr. Rosenfeld would review the list and discuss with Mr. Rhodes.
– Discussion with respect to Lyme Academy College of Fine Arts, Inc. “Southwick Commons” and outstanding punch list items.
Mr. Rosenfeld noted that this item is very similar to the last; a punch list of items to be reviewed. He indicated that he was supposed to meet with the contractor today but he never heard from them. Mr. Rosenfeld stated that there are still design issues with the parking lot and lighting issues with the neighbors. He noted that both the school and the academy are operating on temporary CO’s and he would like to get all the issues resolved quickly. Mr. Risom stated that item 9 in Mr. Metcalf’s letter regarding Southwick, last sentence, is a true statement. Referring to the plantings required, it was noted that September is a good time to plant.
10. Miscellaneous/Adjourn
Ms. Bozek stated that she read a letter in The Day regarding sewers and Old Lyme. She noted that she was unaware of the situation until she read the article. She asked if other Commission Members were aware of it and whether there is anything that Zoning should be thinking about. Ms. Bozek stated that she thought Old Lyme was a sewer avoidance Town and asked whether the Commission thought it should be on the agenda in the near future.
Chairman Cable stated that the Town wanted local, small waste treatment which would have included the Zoning Commission. She noted that DEP pulled the rug out and said that Old Lyme will have sewers.
Mr. Risom stated that the Town has taken a 180 degree turn. He noted that the Town of Old Lyme is not under an Order but a few of the beach areas are. Mr. Risom noted that this situation, unfortunately, takes the Town out of the equation. Chairman Cable stated that the answer to Ms. Bozek’s question is that the Zoning Commission will not be involved in the sewers. Mr. Risom agreed.
The meeting adjourned at 9:10 p.m. on a motion by John Johnson; seconded by Joan Bozek and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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