OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, May 11, 2015
The Old Lyme Zoning Commission held a Regular Meeting 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
At 7:31 p.m., Chairman Cable called the Regular Meeting to order. She immediately recessed the Regular Meeting to conduct the Public Hearing. At 8:34 p.m. Chairman Cable reconvened the Regular Meeting.
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.
Ms. Marsh read Section 9.1.3.2 which indicates there can be no increase in nonconformities. She noted that this particular section was created by the Commission to deal with critical situations. Chairman Cable stated that until it is addressed by changing the Regulations, an applicant can get variances and then come to the Commission under 9.1.3.2. Ms. Marsh stated that the bulk is being increased and it is a new nonconformity. Chairman Cable stated that the dormers were part of the application to the ZBA. She indicated that if the Commission wants to stop doing this, they must change the regulations. Ms. Marsh noted that the bulk does not exist at this time. She noted that the more variances a property is loaded up with, the less the Zoning Commission should grant work under
9.1.3.2. Chairman Cable stated that the Commission needs to change the regulations and give notice to applicants; she stated that the regulations need to spell out what is required.
Chairman Cable noted that an as-built survey should be required as a condition of approval to verify that it was constructed to the plans.
A motion was made by Gil Soucie, seconded by Stacy Winchell to grant the Special Permit Application as follows:
Whereas, the Zoning Commission has received a Special Permit Application for 24 West End Drive, Samuel H. Havens, applicant/owner dated October 29, 2014 w/abutter list, Authorization for Attorney Heller to represent Mr. Havens, Statement of Use, letter dated February 25, 2015 from Heller, Heller & McCoy with the Special Permit and
attachments including copies of abutting septic systems and deed to property. Exhibit A “1”: “Property Survey” Map Depicting Property of Samuel H Havens 24 West End Drive Old Lyme, Connecticut dated October 23, 2013, Scale 1 inch = 10ft. revised 2/5/14 existing deck revised & adj. builds added; revised 2/6/14 approx SS locations added” and Exhibit A “2”: “Construction Drawings: additions and alterations to one family residential dwelling located at: 24 West End Drive Hawks Nest Beach Old Lyme, CT 06371 design date 07-28-13, page A1.1, prepared by W. W. Craven & Sons, Inc. (floor plans and interior elevations); “Construction Drawings: additions and alterations to one family residential dwelling located at: 24 West End Drive Hawks Nest Beach Old Lyme, CT 06371 design date 07-28-13,
page A2.0, prepared by W. W. Craven & Sons, Inc. (proposed east and west elevations); “Construction Drawings: additions and alterations to one family residential dwelling located at: 24 West End Drive Hawks Nest Beach Old Lyme, CT 06371 design date 07-28-13, page A3.1, prepared by W. W. Craven & Sons, Inc. (cross section/roof framing plan) and “Construction Drawings: additions and alterations to one family residential dwelling located at: 24 West End Drive Hawks Nest Beach Old Lyme, CT 06371 design date 07-28-13, page C1.2, prepared by W. W. Craven & Sons, Inc. (existing west elevation/site plan).
Whereas, the Zoning Commission has held a duly noticed public hearing on April 13, 2015 which was continued to May 11, 2015, and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and from the applicant; and
Whereas, the proposed activity (expansion of Existing Building or Structure on Nonconforming Lot) is permitted by Special Permit under the Old Lyme Zoning Regulations section 9.1.3. The Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13B and Section 9.1.3 of the Regulations with the following conditions and/or modifications required to be added to the final plan:
1. An As-built survey showing that it conforms to applicants plans
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of the Zoning Regulations, 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 to construct a new dwelling per plans submitted at 24 West End Drive, Old Lyme, CT. Motion Carried 3:1:0 with Ms. Marsh voting against.
2. Municipal Coastal Site Plan Review Application for demolition and construction of a new single family dwelling on property located at 10 Joffre Road West.
Mr. Hendriks stated that the property is located at the end of Joffre Road West in Point ‘O Woods. He noted that the home is 850 to 900 square feet and outlined on the site plan. He stated that the applicant is proposing to replace the home with a 1,300 square foot home in relatively the same location. Mr. Hendriks stated that the plan is in conformance with the Regulations and requires no variances and in addition it meets FEMA codes. He explained that Marcy Balint reviewed the plans and submitted a letter to the Commission. Ms. Marsh read this letter for the record. Chairman Cable noted that OLISP approved the plans as submitted and made several recommendations.
Mr. Hendriks stated that the situation is unique because the lot is almost 25,000 square feet. He noted that the house has a nice view across the marshes. He noted that the current house is at elevation 11.2 and the proposed home will be at elevation 12; he noted that the FEMA requirement is elevation 11. He noted that the dwelling is located outside the flood zone. Mr. Hendriks stated that there is a small margin of inland wetlands so ultimately they will also have to go before the Wetlands Commission.
A motion was made by Jane Marsh, seconded by Gil Soucie and voted unanimously to grant approval of the Municipal Coastal Site Plan Review Application as follows:
Whereas, the Zoning Commission has received a Municipal Coastal Site Plan Review Application for 10 Joffre Road West dated March 30, 2015, Elevation Certificate dated April 1, 2015 with proposed North and East view and a “Coastal Site Plan” entitled “Property Survey” Map depicting property of Kathleen T. McKeough #10 West Joffre Road Old Lyme, Connecticut dated August 20, 2014 Sheet 1 of 1 revised 10-20-14 Tidal Wetland Line added, 10-28-14 Site Data Table added and 3-30-15 CAM data added site data table revised.
Whereas, the Zoning Commission has held a duly noticed public meeting on May 11, 2015 and the Commission has had an opportunity to hear testimony both from citizens of Old Lyme and the applicant; and
Whereas, the proposed use is permitted under the Old Lyme Zoning Regulations with the approval of a Coastal Site Plan, the Commission finds that the applicant has
provided sufficient evidence to demonstrate compliance with the technical provisions in Section 4.2.5 and Section 13A of the Regulations.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13A.3.1, 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
Whereas, although the Zoning Commission has received comments from the Office of Long Island Sound Programs of the Department of Environmental Protection, after submitting the application materials to them for review, the Commission determines that the application as presented is consistent with the goals and policies of the Coastal Management Act;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval of the application for Municipal Coastal Site Plan Review plan entitled - “Coastal Site Plan” entitled “Property Survey” Map depicting property of Kathleen T. McKeough #10 West Joffre Road Old Lyme, Connecticut dated August 20, 2014 Sheet 1 of 1 revised 10-20-14 Tidal Wetland Line added, 10-28-14 Site Data Table added and 3-30-15 CAM data added site data table revised.
3. Special Permit Application for a grocery beer permit on property located at 389 Shore Road, South Lyme Station, LLC, applicant.
The Public Hearing for this item is continued to the June 8, 2015, Regular Meeting.
4. Special Permit Application for Fire Wharf Reconstruction on the western terminus of Academy Lane in connection with Section 5.4.3 of the Old Lyme Zoning Regulations, Town of Old Lyme, applicant.
Mr. Rosenfeld stated that Keith Neilson will be presenting this application for the Town.
A motion was made by Jane Marsh, seconded by Gil Soucie and voted unanimously to receive the Special Permit Application for Fire Wharf Reconstruction on the western terminus of Academy Lane, Town of Old Lyme, applicant, and set the Public Hearing for Monday, June 8, 2015 at 7:30 p.m. in the Meeting Hall.
5. New Business – None.
6. Old Business - Discussion with respect to the definition of “school” as an amendment to the Zoning Regulations
Chairman Cable stated that she would like more members present to discuss this item. It was agreed to table this item to the June Regular Meeting.
7. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting of March 9, 2015 and April 13, 2015.
A motion was made by Gil Soucie, seconded by Stacy Winchell and voted unanimously to approve the Minutes of the Public Hearing and Regular Meeting of March 9, 2015 with the following insertion on page 8 of the Regular Meeting Minutes under Correspondence: that “Tom Schellens talked about the Town right-of-way width and parking at the Village Shoppes.”
Action on the minutes of the April 13, 2015 Regular Meeting and Public Hearing was tabled to the June 8, 2015 Regular Meeting.
8. Correspondence
Chairman Cable stated that she has two people for alternate positions. She stated that if Mr. Johnson is not available in the next few weeks she will ask Mr. Soucie to do the interviews with her. She noted that other members are welcome if they are interested.
Mr. Rosenfeld stated that he has received notice from the Old Saybrook Zoning Commission that they are revising several sections of their regulations.
9. Zoning Enforcement Report – No report.
Miscellaneous/Adjourn
The meeting adjourned at 9:20 p.m. on a motion by Gil Soucie; seconded by Stacy Winchell and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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