OLD LYME ZONING COMMISSION
PUBLIC HEARING
Monday, May 11, 2015
The Old Lyme Zoning Commission held a Public Hearing on Monday, May 11, 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 and Stacy Winchell, 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 permit a vertical expansion of the existing structure by adding two shed dormers and expanding the existing second floor bedrooms to the northwest above the existing first floor foot print with no additional bedrooms being added to the second floor, 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.
Chairman Cable noted that his hearing was opened at the April Regular Meeting and continued to this evening. Ms. Marsh read the exhibit list for the record. She noted that the Sanitarian has limited the dwelling to two bedrooms.
Attorney Harry Heller, Uncasville, and Walt Craven, Architect, were present to represent the applicant. Attorney Heller noted that he bedroom on the first floor has been changed to a study and pointed this out to the Commission on the revised plans. He noted that the door opening has been changed so that the study does not qualify as a bedroom.
Attorney Heller noted that the special permit is required for the vertical expansion of the 1.5 story cape style home. He noted that current second floor headroom is lacking. Attorney Heller stated that they would like to make the home a two-story dwelling by adding two shed dormers on each side. He noted that the height of the structure will not increase.
Attorney Heller stated that they are making application under Section 9.3.1because the lot is nonconforming. He noted that there is public water and an on site septic system. Attorney Heller explained that the homeowner received a variance from the Zoning Board of Appeals that enabled them to file this application with the Zoning Commission. He noted that here is a variance for coverage and a variance to allow the two story structure and a few variances for setback because of the vertical expansion and a variance of 4.2.12 for enlargement of a building within the CAM zone. Attorney Heller stated that the proposal is to add two shed dormers to increase living space on the second floor and they will not increase the peak height of the structure. He noted that the structure meets the height
requirement for the R-10 zone. Attorney Heller stated that the additional living space will increase the floor area ratio but it will still be within the allowed and the project has no impact on the coastal resources.
Attorney Heller stated that West End Avenue has a number of different style houses and a fair number of two-story homes. He stated that the lot fronts on West End Avenue and the house is set back twenty feet from the road. He stated that this proposal will not change anyone’s views of Long Island Sound. Attorney Heller stated that there are no additional bedrooms proposed so the septic system will stay the same and is currently suitable for a two-bedroom dwelling. He noted that access to the lot and use of the lot will not change.
Attorney Heller stated that the regulations require 1200 square feet of living space for a two-story dwelling and this proposal will make this structure less nonconforming in this regard. He pointed out that the proposal will be consistent with the other dwellings along West End Avenue.
Ms. Marsh questioned the hardship. Attorney Heller stated that the cottage was constructed prior to zoning in Old Lyme. He explained that West End Avenue is not a deeded road so a number of nonconformities were created by the public right away that cuts through the lot. Attorney Heller stated that the hardship is a matter for consideration of the Zoning Board of Appeals. He noted that a hardship is not a consideration for a Special Permit. She noted that the Zoning Commission cannot allow the creation of nonconformities and pointed out that the proposed increase in bulk is an increase in the nonconformity. Attorney Heller stated that the second floor is not functional as it currently exists. He noted that at 5’8” he can only stand up in the middle of the second floor and the
stairway is extremely dangerous and narrow. Ms. Marsh questioned whether the stairs met building code. Attorney Heller stated that they do not meet building code.
Chairman Cable asked if there was anyone in the audience who would like to speak; no one came forward. Attorney Heller stated that a few of the neighbors wrote letters in support of the variance application.
Ms. Marsh questioned whether it was possible to have one bedroom on the first floor and one bedroom on the second floor. Attorney Heller replied that it would be possible. He noted that without changing the roofline there would still be a problem with the functionality of the second floor. She stated that in that case the dormer would not have to be added across the entire second story. Attorney Heller stated that the house will still be less living space than that which the regulations require. Ms. Marsh stated that she likes the idea of making the stairs code compliant. She noted that there are many houses in the area shaped such as this one and she feels there should be more of a compelling reason to grant this application.
Hearing no further comments, Chairman Cable asked for a motion to close the Public Hearing.
A motion was made by Jane Marsh, seconded by Stacy Winchell and voted unanimously to close the Public Hearing for the Special Permit Application to permit a vertical expansion of the existing structure by adding two shed dormers and expanding the existing second floor bedrooms to the northwest above the existing first floor foot print with no additional bedrooms being added to the second floor on property located at 24 West End Drive.
2. Special Permit Application for a grocery beer permit on property located at 389 Shore Road, South Lyme Station, LLC, applicant.
Ms. Marsh read the legal notice as published in the New London Day on Tuesday, April 28 and Tuesday, May 5, 2015, and the list of exhibits for the record.
Ms. Marsh read the referral letter from the Sanitarian which indicated that there could be no preparation or sale of food. Chairman Cable suggested getting clarification from the Sanitarian.
Ms. Sicuranza stated that she has made many improvements to the property which is multi-use. She indicated that they had a tenant that had a grocery beer permit in the same location and when the tenant left they had the opportunity to get in and make a lot of improvements. She stated that the space that was vacated by the Scoop Shop would be the area that they would like to have a store with groceries and beer. Chairman Cable stated that when Amish got his beer permit across from the post office she asked him why he needed a beer permit and he replied that the boaters pick up sandwiches and a few six-packs. She noted that it is for this reason she is a little concerned about the Sanitarian’s letter. Ms. Sicuranza stated that they already have the ability to do sandwiches at the Scoop Shop. She
noted that the State of Connecticut will not allow the sale of beer without the sale of food. Mr. Sicuranza stated that there is a distance requirement but it does not apply to grocery beer permits. Mr. Sicuranza stated that they are asking for a waiver of the special permit requirements, under 13B.2.2. Ms. Marsh stated that it looks like the conditions with the waiver would be met. She noted that there was an establishment selling beer there a year ago and the parking was sufficient at that time.
Mr. Chodry has tried to get a grocery beer permit at his establishment for 15 years. Chairman Cable noted that this establishment is not within 200 feet of a church. He indicated that he has been here since 1999 and everyone wants to achieve more business. Chairman Cable stated that his attorney was asking the Commission to remove the distance requirement. She indicated that the Commission decided not to change the regulations, which in effect will not allow him to get a permit.
Kristin Sicuranza stated that she is requesting this permit out of requests from her patrons. She noted that many of them are living in the neighborhood and can walk to the store.
Chairman Cable asked for a written request that the Public Hearing be continued to the June 8 Regular Meeting to get clarification from the Sanitarian and also to put their waiver request in writing.
A motion was made by Jane Marsh, seconded by Stacy Winchell and voted unanimously to continue the public hearing on the Special Permit Application for a grocery beer permit on property located at 389 Shore Road, South Lyme Station, LLC, applicant, to the to the June 8, 2015 Regular Meeting.
Chairman Cable adjourned the Public Hearing at 8:34 p.m.
Respectfully,
Susan J. Bartlett
Recording Secretary
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