RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – March 9, 2015, 7:30 P.M.
Meeting Hall at Memorial Town Hall
52 Lyme Street, Old Lyme, CT
1. Convene Meeting; announcement of voting members. Members present: J. Cable, J. Marsh, J. Bozek, G. Soucie, S. Winchell
Present: Keith Rosenfeld, Land Use Coordinator
Absent: J. Johnson
CONTNUED PUBLIC HEARING:
1. Special Permit Application to permit a Connecticut Water Company Well Station to be located at 216 Mile Creek Road, Connecticut Water Company, applicant.
A Motion was made by J. Marsh, seconded by S. Winchell to CLOSE the Public Hearing on the Special Permit Application to permit a Connecticut Water Company Well Station to be located at 216 Mile Creek Road. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J.Bozek, G. Soucie, S. Winchell Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
PUBLIC HEARING:
1. Special Permit Application to permit an addition to rear of the structure, construct dormers on each side of the structure, redo the front porch and other house renovations (i.e. siding, new roof, soffit over hangs on gables) on property located at 35 Ridgewood Road, Conrad & Angela Fongemie, owners, Larry Tomasetti, PHI Construction Services, applicant.
A Motion was made by J. Marsh, seconded by G. Soucie to CLOSE the Public Hearing on the Special Permit Application to permit an addition to rear of the structure, construct dormers on each side of the structure, redo the front porch and other house renovations (i.e. siding, new roof, soffit over hangs on gables) on property located at 35 Ridgewood Road. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J.Bozek, G. Soucie, S. Winchell Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
REGULAR MEETING:
A Motion was made J. Bozek, seconded by S. Winchell to amend the agenda to move item 4-a, Discussion on Connecticut River Gateway Commission Standards to item number 1 and renumber. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J.Bozek, G. Soucie, S. Winchell Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
1. (4-a) New Business – Connecticut River Gateway Commission Standards discussion of proposed new standards with Torrance Downes, Peter Cable and Suzanne Thompson from the Gateway Commission.
2. Special Permit Application to permit a Connecticut Water Company Well Station to be located at 216 Mile Creek Road, Connecticut Water Company, applicant.
A Motion was made by J. Marsh, seconded by G. Soucie to Approve the Special Permit Application as follows:
Whereas, the Zoning Commission has received a Special Permit Application dated December 1, 2014 from the Connecticut Water Company with accompanying Statement of Use, abutter list and the following plans: Plans prepared for Connecticut Water Mile Creek Well Station 216 Mile Creek Road Old Lyme, Connecticut – Sheet 1 of 5 Title Sheet, Sheet 2 of 5 Site Plan (Existing) dated August 22, 2014, Sheet 3 of 5 Site Plan (Proposed) dated October 14, 2014, Sheet 4 of 5 Floor Plan dated October 14, 2014, Elevations & Details and Sheet 5 of 5 Erosion & Sedimentation Control Plan dated November 18, 2014. Sheets 1, 2 and 3 prepared by Donald L. Gesick, Jr., L.S. of Gesick & Associates, P. C. 19 Cedar Island Avenue, Clinton, Connecticut and Sheets 4 and 5 prepared by James Casagrande, P.E. of the Connecticut
Water Company;
Whereas, the Zoning Commission has held a duly noticed public hearing on January 12, 2015, which was continued to February 9, 2015 to await a decision from the Inland Wetlands and Watercourses Commission, but was postponed to March 9, 2015 due to inclement weather. At the March 9, 2015 Regular Meeting the Commission has had an opportunity to hear testimony from the public and from the applicant; and
Whereas, the proposed CT Water Company Water Mile Creek Well Station is allowed by Special Permit of the Old Lyme Zoning Regulations, and the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions in Section 13B of the Regulations with the following conditions required to be added:
1. Subject to a continued obligation to have no detrimental effect on neighborhood wells, as required by applicable laws; and
2. Infiltrator to be 75’ from wells reflected on “as-built” plans.
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. privacy, light, and air for the subject Lot and Abutting Lots;
g. 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 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 along with the Inland Wetlands and Watercourses Commission Minutes of February 5, 2015 stating “. . .a motion to find the proposed activity a permitted by right use under Connecticut State Statutes Section 22a-40 and also a right per Section 4e of the Town of Old Lyme Inland Wetlands and Watercourses Regulations.” motion passed unanimously; and
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for a Special Permit Application for the proposed CT Water Company Water Mile Creek Well Station located at 216 Mile Creek Road, Old Lyme, CT. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, G. Soucie, S. Winchell Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
3. Special Permit Application to permit an addition to rear of the structure, construct dormers on each side of the structure, redo the front porch and other house renovations (i.e. siding, new roof, soffit over hangs on gables) on property located at 35 Ridgewood Road, Conrad & Angela Fongemie, owners, Larry Tomasetti, PHI Construction Services, applicant.
A Motion was made by J. Bozek, seconded by J. Marsh to Approve the Special Permit Application as follows:
Whereas, the Zoning Commission has received a Special Permit Application for 35 Ridgewood Road, Conrad & Angela Fongemie applicants dated December 29, 2014, with statement of use, abutter list, Project Statement and Drainage Report proposed addition 35 Ridgewood Road Old Lyme, Conn Point O’Woods dated December 23, 2014 prepared by Joseph M. Green, P.E. for Robert Green Associates 6 Old Waterbury Road Terryville, Conn., First Floor Plan maximum lot coverage by buildings and structures and First Floor Plan maximum total ground coverage as percent of lot area. Survey depicting “ Existing Conditions and Removals Assessors Lot 126 Land Owned by James I. Grant 35 Ridgewood Road Point O’ Woods Old Lyme, Connecticut Scale 1”=20’ December 23, 2014 prepared by Robert C. Green and Joseph M. Green” sheet 1 of
2; “Layout, Site Grading and Soil & Erosion Control Plan Assessors Lot 126 Land Owned by James I. Grant 35 Ridgewood Road Point O’ Woods Old Lyme, Connecticut Scale 1”=20’ December 23, 2014 prepared by Robert C. Green and Joseph M. Green” sheet 2 of 2’ and Schematic Plans for Fongemie Residence dated 12-16-14 Sheet A-1 prepared by Blue Moon Design Architectural Design LLC; Existing Elevations for Fongemie Residence dated 12-16-14 Sheet A-2 prepared by Blue Moon Design Architectural Design LLC and Proposed Elevations for Fongemie Residence dated 12-16-14 Sheet A-3 prepared by Blue Moon Design Architectural Design LLC;
Whereas, the Zoning Commission was to hold a duly noticed public hearing on February 9, 2015 but the opening of the public hearing was postponed to the March 9, 2015 Regular Meeting due to inclement weather. The Zoning Commission opened the public hearing on March 9, 2015 and the Commission has had an opportunity to hear testimony from the public and from the applicants; and
Whereas, the proposed residential addition, proposed dormers on each side of the structure, the reconstruction of the front porch and other house renovations are allowed by Special Permit of the Old Lyme Zoning Regulations, and the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions in Section 13B of the Regulations with the following conditions required to be added:
1. Driveways, walkways and patios that may be added now or in the future must be pervious;
2. Erosion control measures shall be utilized; and
3. An As-built survey including flood zone line shall be submitted.
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. privacy, light, and air for the subject Lot and Abutting Lots;
g. 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 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 for the proposed residential addition, proposed dormers on each side of the structure, the reconstruction of the front porch and other house renovations located at 35 Ridgewood Road, Old Lyme, CT. . No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J.Bozek, G. Soucie, S. Winchell Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
4. Special Permit Application to permit a vertical expansion by adding two shed dormers and expanding the second floor to the northwest above the existing first floor foot print on property located at 24 West End Drive in accordance with Section 9.1.3.1 of the Old Lyme Zoning Regulations, Samuel H. Havens, owner/applicant.
A Motion was made by J. Bozek, seconded by J. Marsh to receive the Special Permit Application to permit a vertical expansion by adding two shed dormers and expanding the second floor to the northwest above the existing first floor foot print on property located at 24 West End Drive and set a Public Hearing for Monday, April 13, 2015 at 7:30 p.m. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Bozek, G. Soucie, S. Winchell Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
A Motion was made J. Bozek, seconded by J. Marsh to amend the agenda to move item 6, Old Business – Discussion with respect to the definition of “school” as an amendment to the Zoning Regulations to item number 5 and renumber. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J.Bozek, G. Soucie, S. Winchell Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
5. Old Business – Discussion with respect to the definition of “school” as an amendment to
the Zoning Regulations
6. New Business – Election of Officers
Chairman: J. Bozek nominated J. Cable to serve as Chairman, G. Soucie seconded the nomination. J. Bozek moved to close nominations for the Chairman, G. Soucie seconded the motion. A vote was taken: In favor: J. Marsh, J. Bozek, G. Soucie, S. Winchell Opposed: None Abstaining: J. Cable The motion passed. 4-0-1 Jane Cable was elected Chairman.
Vice Chairman: J. Bozek nominated J. Marsh to serve as Vice Chairman, G. Soucie seconded the nomination. J. Bozek moved to close nominations for Vice Chairman, G. Soucie seconded the motion. A vote was taken: In favor: J. Cable, J. Bozek, G. Soucie, S. Winchell Opposed: None Abstaining: J. Marsh The motion passed. 4-0-1 Jane Marsh was elected Vice Chairman.
Secretary: J. Bozek nominated J. Johnson to serve as Secretary, G. Soucie seconded the nomination. J. Bozek moved to close nominations for Secretary, G. Soucie seconded the motion. A vote was taken: In favor: J. Cable, J. Marsh, J. Bozek, G. Soucie, S. Winchell Opposed: None Abstaining: J. Marsh The motion passed unanimously. 5-0-0 John Johnson was elected Secretary.
7. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting of January 12, 2015
A Motion was made by G. Soucie, seconded by J. Marsh to Approve the Minutes of the Public Hearing and Regular Meeting of January 12, 2015 as submitted. No discussion and a vote was taken. In favor: J.
Cable, J. Marsh, J. Bozek, G. Soucie, S. Winchell Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
8. Correspondence
9. Zoning Enforcement Report
10. Miscellaneous/Adjournment
A Motion was made by J. Bozek, seconded by G. Soucie to adjourn the March 9, 2015 Regular Meeting. The meeting adjourned at 9:30 p.m.
Jane Cable, Chairman
NEXT MEETING OF THE ZONING COMMISSION IS
MONDAY, APRIL 13, 2015,
7:30 P.M., MEETING HALL, 52 LYME STREET, OLD LYME, CT
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