APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, April 10, 2006
The Old Lyme Zoning Commission held a Regular Meeting on Monday, April 10, 2006 at 7:30 p.m. in the Auditorium of Memorial Town Hall. Members present were Ted Kiritsis (Chairman), Tom Risom (Vice Chairman – arrived at 7:45 p.m.), Jane Marsh (Secretary), John Johnson, Jane Cable, Steven Ames (Alternate) and Brian Kyle (Alternate). Also present was Ann Brown, Zoning Enforcement Officer.
1. Convene Meeting; announcement of voting alternates.
Chairman Kiritsis called the meeting to order at 7:31 p.m. He immediately recessed the Regular Meeting to conduct the Public Hearing. Chairman Kiritsis reconvened the Regular Meeting at 9:45 p.m.
2. Petition to Amend the Old Lyme Zoning Regulations to create a new Section 32.5.10, Conversion of a Non-Residential Building to Dwelling Units, Michael Cohen and Steven Wallet, applicants.
Ms. Marsh indicated that the Commission cannot act on this item until they know whether a super-majority is needed. She suggested that the protest issue be referred to Attorney Branse. Mr. Johnson suggested that they also consult with Attorney Branse on whether the 65 day timeframe applies to this matter versus unlimited time because it is a legislative matter. Mr. Risom suggested that the entire protest issue be reviewed by Attorney Branse, i.e., whether the petition is even valid.
A motion was made by John Johnson, seconded by Jane Cable and voted unanimously to refer three matters to Attorney Branse: 1) Is the petition valid; 2) Is a super-majority vote required to pass this amendment; 3) What is the time limit for the Commission to render a decision.
The Commission agreed to defer discussion on this matter. They asked Ms. Brown to contact Attorney Branse as soon as possible and to report his findings to the Commission members.
A motion was made by Jane Marsh, seconded by Tom Risom and voted unanimously to table the Petition to Amend the Zoning Regulations to create a new Section 32.5.10, Conversion of a Non-Residential Building to Dwelling Units, Michael Cohen and Steven Wallet, applicants, to the May 8, 2006 Regular Meeting.
3. Site Plan/Special Exception Application to operate a preschool, 75 Rogers Lake Trail, Margaret Ames, applicant. Applicant requested an extension on the opening of the Public Hearing to the May 8, 2006 Regular Meeting.
Ms. Brown stated that the applicant has requested an extension to the opening of the hearing to provide the Commission with a Site Plan.
A motion was made by Tom Risom, seconded by John Johnson and voted unanimously to accept the extension request of the applicant and to set the opening of the Public Hearing to the May 8, 2006 Regular Meeting.
4. Site Plan/Special Exception Application to construct a six-foot fence in the front setback, 2 North Road, Rob Shickel, applicant.
The Public Hearing for this item has been continued to the May 8, 2006 Regular Meeting.
5. Site Plan/Special Exception Application to construct a six foot fence in the front setback, 29 Neck Road, Brian and Kellianne Farnham, applicants. Receive and set Public Hearing.
Ms. Marsh stated that she agrees that having a commercial property surrounding the property makes the beautification of the property a little difficult. She indicated that the she understands the applicants reasoning for a chain link fence, although it is not necessarily the most aesthetically pleasing. Ms. Marsh stated that the 6’ fence along the front for privacy she has a little problem with because it takes away the rural, open feeling. Ms. Brown stated that Huntley Road has quite a bit of commercial traffic and that is the reason for the privacy fence along the front.
Mr. Ames agreed that the chain link fence is a good idea in the wetlands. Ms. Cable stated that the vegetation will probably hide the chain link fence.
A motion was made by Jane Marsh, seconded by Jane Cable and voted unanimously to approve the Site Plan/Special Exception Application to construct a six-foot fence in the front setback, 29 Neck Road, Brian and Kellianne Farnham, applicants, as follows:
Whereas, the Zoning Commission has received application for Site Plan/Special Exception approval to allow a six foot tall fence in the front setback at 29 Neck Road; and
Whereas, the Zoning Commission has held a duly noticed public hearing on April 10, 2006, and the commission has had an opportunity to hear testimony from both citizens of Old Lyme and the applicant; and
Whereas, the six foot tall fence is allowed by Special Exception under the Old Lyme Zoning Regulations section 7.4.6(b), the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions section 7.4.6(b) of the Regulations.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 31.3, 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;
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 Brian and Kellianne Farnham for the Site Plan/Special Exception application for property at 29 Neck Road, Old Lyme, CT, with the modifications specified on this 10th day of April, 2006.
6. Site Plan Application for the repair/replacement of back stairs, replacement of propane tank and placement of AC condensers in the Sound View Village District (SVVD), 39 Hartford Avenue, Sound View Beach Association, applicant.
Gail Fuller, Vice President of Sound View Beach Association, was present to explain the application. Ms. Fuller read her letter requesting a waiver of the Site Plan requirement. She explained in this letter that the State of Connecticut Office of Policy and Management awarded a grant to the association for an HVAC System. She noted that the propane tanks and AC condensers are necessary for the operation of the building HVAC system. Ms. Fuller noted that a code-compliant metal fire escape and its installation was donated to the association to replace the wooden rear stairs. She explained that the new stairs will be in the same location as the existing stairs. Ms. Fuller noted that the three items requested, the propane tank, the AC condensers and the code-compliant fire escape, will all
be physically connected to the rear of the existing building per code. Ms. Fuller pointed out that the Zoning Commission granted a waiver in 2003 for the formal site plan. She indicated that they are again requesting this same waiver.
Chairman Kiritsis noted that the configuration of the stairs appears to be changing. Ms. Fuller acknowledged this and noted that it is to meet fire code.
Chairman Kiritsis stated that the last waiver given was before the adoption of the SVVD Zone. He noted that this application is changing the exterior of the building.
Ms. Cable questioned whether a propane tank and an AC unit are part of the building, although she acknowledged that the stairs are. Ms. Brown noted that a month of two ago the Commission decided that a fence would have to come before the Commission in the SVVD. She noted that a fence is not part of the building and is generally not considered a structure. Ms. Brown stated that the SVVD Regulations appear to require that any exterior changes come before the Commission. Ms. Cable indicated that she would be inclined to find that the propane tank and ac condensers would be excluded from review but the stairs would not be exempt.
Ms. Fuller explained that she received several quotes for the site plan from surveyors which ranged from $2,000.00 to $5,000.00. She noted that they are a non-profit and do not have the funds. Ms. Fuller explained that they have to remove the temporary propane tanks by the end of April and they would not have any heat or air conditioning. Ms. Fuller stated that the application is for 3 ninety-nine gallon propane tanks on a concrete pad.
Mr. Johnson stated that he feels a formal site plan is required. He indicated that he does not feel an exception should be made this early on in the SVVD process. Ms. Marsh stated that this application is for the community center. She noted that the plan presented shows everything that a formal site plan will show. Ms. Marsh stated that she would agree that a public hearing should be held for the stairs. She reiterated that she did not feel a formal site plan was necessary.
Mr. Kyle stated that he is concerned about starting a precedent on making exceptions. Mr. Ames agreed and stated that exceptions cannot be granted because one approves personally of what the applicant is doing.
The Commission agreed that the propane tank and ac condensers do not require a review by the Zoning Commission but a site plan is required for the stairs.
A motion was made by Jane Marsh, seconded by John Johnson and voted to grant a waiver so that the propane tank and ac condensers are not part of a formal review process by the Zoning Commission and to not grant a waiver with respect to the site plan to show the fire escape and the improvements as-built. Motion carried, 4:1, with Ms. Cable voting against.
7. Approval of Minutes
A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to approve the Minutes of the February 15, 2006 Regular Meeting and Public Hearing.
A motion was made by John Johnson, seconded by Jane Cable and voted unanimously to approve the minutes of the March 13, 2006 Regular Meeting and Public Hearing with modifications.
8. Zoning Enforcement – Zoning Enforcement Report
Ms. Brown stated that the Braza’s on Shore Road have corrected their fence and have paid the Town $2,157.90 for reimbursement of attorney fees. She explained that she is persuing her enforcement to have Mr. Tolchinsky modify his building to comply with both the Zoning and ZBA approvals granted. Ms. Brown stated that Mr. Tolchinsky submitted a drawing that he felt was a compromise, but she rejected it in the best interest of the Town. She explained that the walls were not lowered in that drawing. Ms. Brown indicated that it appears they will be going to trial.
Ms. Brown stated that the Clintons have a commercial kennel on Old Stage Coach Road. She noted that they would like to make an addition onto the kennel building for a greenhouse and a lap pool. Ms. Brown stated that the kennel regulations require that they have at least 15 acres and that they live on the premises. She noted that it is a combination of residential and commercial uses. Ms. Brown stated that she just wants to be sure that the Commission is in agreement that a residential addition to their commercial building is allowed. The Commission agreed that it would be allowed.
9. Regulation Rewrite – Set special meeting.
A Regulation Rewrite Meeting was set for Monday, April 24, 2006 at 7:30 p.m. Mr. Kiritsis noted that this is the same day that the Commission will be holding an Executive Session at the New Haven Federal Court House at 2:00 p.m. this same day for discussion of pending litigation regarding South Lyme Property Owners.
10. Correspondence
None.
11. Any new or old business to come before Commission.
None.
12. Miscellaneous/Adjourn
A motion was made by John Johnson, seconded by Steve Ames and voted unanimously to adjourn at 10:10 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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