OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, March 9, 2015
The Old Lyme Zoning Commission held a Regular Meeting on Monday, March 9, 2015, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were: Jane Cable, Chairman, Jane Marsh, Secretary, Gil Soucie, regular member and Stacy Winchell, alternate.
Also present: Keith Rosenfeld, Land Use Coordinator
At 7:31 p.m., Chairman Cable called the Regular Meeting to order, noting that the Stacy Winchell, alternate, will be seated. She immediately recessed the Regular Meeting to conduct the Public Hearing. At 8:50 p.m. Chairman Cable reconvened the Regular Meeting.
A Motion was made Joan Bozek, seconded by Stacy Winchell to amend the agenda to move item 4-a, Discussion on Connecticut River Gateway Commission Standards to item number 1 and renumber.
1. Discussion of proposed new standards with Torrance Downes, Peter Cable and Suzanne Thompson from the Gateway Commission
Peter Cable introduced himself and stated that he is Old Lyme’s Representative to the Gateway Commission. He noted that the Gateway Regulations have not been revised since 2004. Mr. Cable stated that Mr. Downes will explain the changes.
Mr. Downes indicated that in the 2004 changes they included the special requirements for homes larger than 4,000 square feet. He explained that one Town did not adopt the regulations. He noted that part of this effort was to modify the regulations in a way that would be acceptable to Gateway and would be supported by all Towns. Mr. Downes explained that these regulations give a little more authority to the Town Zoning Commissions and eases off the standards. He noted that the new standards are indicated in red.
Mr. Downes stated that the eight Towns that are part of Gateway are obligated to adopt the regulations as part of their Zoning Regulations. He noted that Gateway is seeking comment to see if there are any issues or additional items each Town may want to add.
Mr. Downes reviewed each proposed change, noting that the first is a small clarification regarding existing nonconformities and casualties. He noted that they made a few changes to the definitions one of which is the addition of Coastal Jurisdiction Line. Another clarification has to do with the riparian buffer; there will be a pre-application discussion site by site rather than making the towns map out their shoreline. He indicated that multi-family project was
defined as a three-family and it has been reduced it to two-family. Mr. Downes stated that there has been confusion regarding vegetation which has been clarified to note that if there is grass and/or gardens they can maintain them within 50’ of the water. He noted that a definition for view shed analysis has been defined because Gateway occasional requests one and now it is clear. Mr. Downes stated that Essex dropped their land coverage from 15% to 7.5% in the village which resulted in a large number of variances. He explained that this regulation change will not require a variance from Gateway for properties that are under 15% coverage. Mr. Downes stated that the cutting of timber footpath is a 5 foot wide pathway to water for the property owner to access the water and allows for trimming
trees 1/3 for views; clarification is that that the path should not be directed straight down the middle to prevent erosion. Mr. Downes noted that structures over 4,000 square feet require a special exception application. Feedback to Gateway from the Towns was that the towns can do it with a Site Plan Review. Gateway decided that they preferred special exception because of the discretion it gives Commissions, but if the house is not on the water or once removed, it is up to the commission to decide if they want a site plan or a special exception. .
Ms. Marsh stated that she is concerned that it is either or, instead of how it currently is where the Commission is allowed an initial review and can find that the applicant does not need to submit an application. Ms. Marsh noted that one half of Old Lyme is in the Gateway Zone. Mr. Downes noted that this is still their intention and he will review and add that back in. He explained that the Commission can also just leave in the special exception and not provide the choice to applicants and that is fine as well. Mr. Downes noted that Old Saybrook is being more restrictive and Towns have the discretion to do that.
Chairman Cable questioned how many people that build in the gateway come to the Gateway Commission first. Mr. Downes stated that 50 to 70 percent do, as the Zoning Enforcement Officers of the Towns typically recommend it. He noted that many of the properties are very expensive and the homeowners have engineers and architects on the project and they are familiar with Gateway.
Mr. Downes stated that Gateway should be adopting the Regulations in May and they are looking for the Towns to adopt them this summer.
2. Special Permit Application to permit a Connecticut Water Company Well Station to be located at 216 Mile Creek Road, Connecticut Water Company, applicant.
Chairman Cable suggested a condition that their approval is subject to no detrimental effect on neighborhood wells and that the infiltrator be 75 feet from the wells on the site and reflected on an as-built plan. Ms. Marsh stated that it is her understanding from the applicant that the Water Company is obligated to be sure there is no effect on surrounding wells. Ms. Bozek suggested that they add that the Commission’s approval is subject to a continued obligation of the Water Company to have no detrimental effect on neighborhood wells as required by applicable laws.
Mr. Soucie stated that CT Water Company is a reputable company and he believes they would take care of any problems that may occur.
A motion was made by Jane Marsh, seconded by Gil Soucie and voted unanimously 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:
- 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:
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 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.
3. Special Permit Application and Municipal Coastal Site Plan Review 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.
Chairman Cable stated that an as built drawing should be a condition, as well as that erosion control measures are taken. Ms. Marsh stated that the applicant should also add the flood zone line on the as-built. Chairman Cable indicated that another condition of approval should be that if driveways and walkways are added in the future they be made of pervious material.
A motion was made by Joan Bozek, seconded by Jane Marsh and voted unanimously 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:
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 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.
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 Joan Bozek, seconded by Jane Marsh and voted unanimously 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.
A motion was made Joan Bozek, seconded by Jane Marsh and voted unanimously 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.
5. Old Business - Discussion with respect to the definition of “school” as an amendment to the Zoning Regulations
Stacy Winchell noted that she has been working on the definition of schools. She presented her first draft and stated she welcomes comments. Ms. Marsh stated that she is concerned about what could go in a residential zone. She explained that in a residential area she does not want to see a broad definition of school. Ms. Marsh stated that she likes the first sentence but the other things should not be in a residential zone. Ms. Bozek thanked Ms. Winchell for her work. She agreed with Ms. Marsh’s comments and stated that the other things listed are other activities, not schools. Chairman Cable stated that just because someone is teaching something it does not mean it is a school.
In discussing the definition of camp, Ms. Bozek stated that there are rowing camps and baseball camps that the Town does not want to shut down. Ms. Bozek noted that High Hopes is an education institution and questioned how it is classified. Chairman Cable stated that it is probably a pre-existing use. Mr. Rosenfeld stated that they may want to look at minimum property size for a school which would limit a lot of residential homes and the other way may be that the school has to be the primary use of the property.
Ms. Marsh stated that she thinks home occupations that incorporate some type of teaching should not have more than 5 students at a time. Ms. Bozek noted that Project Learn in the Industrial Zone was an issue for many of the townspeople that lived in the area. She stated that she would like to see dance classes and that type of thing in the industrial area. Ms. Marsh agreed and noted that her only reluctance is the residential zone. It was agreed that other school type activities can be allowed in the Industrial Zone.
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. The motion passed, 4-0-1, with Ms. Cable abstaining. Jane Cable was elected Chairman.
Vice Chairman: J. Bozek nominated J. Johnson to serve as Vice Chairman, G. Soucie seconded the nomination. J. Bozek moved to close nominations for Vice Chairman, G. Soucie seconded the motion. The motion passed, 5-0-0. John Johnson was elected Vice Chairman.
Secretary: J. Bozek nominated J. Marsh to serve as Secretary, G. Soucie seconded the nomination. J. Bozek moved to close nominations for Secretary, G. Soucie seconded the motion. The motion passed unanimously, 4-0-1, with Ms. Marsh abstaining. Jane Marsh was elected Secretary.
7. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting of January 12, 2015
A motion was made by Gil Soucie, seconded by Jane Marsh and voted unanimously to approve the Minutes of the Public Hearing and Regular Meeting of January 12, 2015 as submitted.
8. Correspondence
Mr. Tom Schellens, Academy Lane, stated that he agrees that institutions are schools but teaching activities do not belong in a residential zone. He stated that camps are short term activities. He stated that more than five students in a residential zone should be a maximum.
Mr. Schellens stated he had a good meeting with a police officer and Ms. Reemsnyder and he sent a letter to his neighbors explaining the outcome. He submitted a copy of the letter to the Commission. Mr. Schellens stated that he wants to keep the Commission in the loop. He stated that they are trying to move this forward with the Town. Chairman Cable stated that she feels he is handling it the right way. He indicated that he doesn’t want to take on the expense of having it surveyed. Mr. Schellens thanked the Commission.
Norman Angus, 15 Academy Lane, stated that his house was built in 1930. He stated that on his survey Academy Lane didn’t exist to the Lieutenant River. Mr. Angus stated that he has been trying for more than five years to give a fire lane without a cost to the Town. He stated that there is no record of the town ever having gained access to his property. He noted that the surveys show that he owns a piece of the landing. Mr. Angus stated that this will continue to be a problem because he does not want that to be a developed boat launch as there is no parking in the area.
9. Zoning Enforcement Report
No Report.
Miscellaneous/Adjourn
The meeting adjourned at 9:35 p.m. on a motion by Joan Bozek; seconded by Gil Soucie and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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