UNAPPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, July 14, 2008
The Old Lyme Zoning Commission held a Public Hearing on Monday, July 14, 2008 at 7:30 p.m. at the Phoebe Griffin-Noyes Library. Members present were Tom Risom (Chairman), Jane Cable (Vice Chairman), Jane Marsh (Secretary), John Johnson, Patrick Looney, and Ted Kiritsis (Alternate). Also present was Ann Brown, Zoning Enforcement Officer and Eric Knapp, Commission Counsel.
1. Convene Meeting; announcement of voting alternates.
Chairman Risom called the Regular Meeting to order at 7:30 p.m. He immediately recessed the Regular Meeting to conduct the Public Hearing. The Regular Meeting reconvened at 7:58 p.m.
2. Special Permit/Coastal Site Plan Application to install three pump stations and sanitary sewers in Point ‘O Woods, the Point ‘O Woods Association, Inc., Water Pollution Control Authority, applicant.
Chairman Risom noted that the Public Hearing was closed at the June Meeting, which has left all communications from then forward between staff only, including the Town Engineer and Zoning Counsel. He noted that there are two letters from Tom Metcalf, Commission Engineer, which Commission members have received; one dated July 3 and one dated July 10, 2008.
Mr. Kiritsis stated that George James’ letter (marked Exhibit U) was not read at the Public Hearing and he asked that it be passed out to the Commission members. Ms. Cable noted that Attorney Branse addressed this letter at the Public Hearing.
Ms. Brown stated that Attorney Branse sent a draft motion, revision 5, late this afternoon. She distributed it to the Commission members. Ms. Brown noted that the motion includes findings and conditions.
A motion was made by Jane Cable and seconded by John Johnson to approve the Point ‘O Woods Sewer Application as proposed in Attorney Branse’s draft motion, revision 5.
Ms. Marsh stated that Mr. Metcalf’s letter indicates that a pump station is within the flood zone. Ms. Brown noted that Mr. Metcalf’s second letter addresses this matter. She indicated that Mark Branse revised the motion for the fifth time based on Mr. Metcalf’s letter. Ms. Marsh stated that the motion (under conditions, Number 11, second bullet) indicates that the plans should be revised to reflect Mr. Metcalf’s comments on the flood zone. Ms. Brown read Mr. Metcalf’s letter of July 10, 2008. Ms. Marsh stated that she would like to modify this condition to include not only revisions to the plans but also that all comments in Mr. Metcalf’s letter of July 10, 2008 be carried out.
Ms. Cable amended her motion to replace the existing text with the following text under conditions, Number 11, second bullet:
In accordance with Section 4.4.6.3, the plans shall be modified as recommended by Mr. Metcalf’s letters (item 6(b) in the July 3, 2008 letter) to reflect the Boat Basin Pump Station location in the 100-year flood zone. The pump chamber chamber access manhole and critical support facilities should be elevated above the base flood elevation. Additionally, if the manhole access is within one foot of the base flood elevation it shall have a water-tight type cover and any critical support facilities within one foot of the base flood elevation be flood-proofed and/or capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy as applicable. All manholes in the 100-year Flood Zone or within one foot of the base flood elevation must have water-tight covers.
Mr. Johnson seconded the modification.
Ms. Cable stated that the average per day gallon limit that was stated at the public hearing appears in the agreement between DEP and the Town of East Lyme does not show a maximum capacity. She noted that East Lyme’s agreement states that if the capacity is exceeded, POW will be billed for the additional capacity. Ms. Marsh stated that the daily average capacity is not a limiting factor with respect to the approval they are seeking. Ms. Cable stated that the representation was made that the sewers will serve only Point ‘O Woods. Chairman Risom stated that he took from the testimony that the system was designed for the worst case scenario given existing users at the peak of use in the summer. He indicated that he was lead to believe that the system could not handle more.
Chairman Risom stated that it could handle the maximum capacity every day, but never more capacity in a day.
Ms. Marsh stated that Mr. Metcalf has indicated that there would only need to be a very minimal change in order to change the average daily capacity. She indicated that she wants everyone to understand that the capacity could be exceeded because that is not the impression she got during the public hearing. Ms. Marsh noted that she is not telling the Commission because she thinks there is anything they can do about it; she is telling the Commission that she had a different impression before she began reading the documents. Attorney Knapp questioned whether Ms. Marsh believed they would be in violation of the permit if they exceeded the capacity. Ms. Marsh replied that they would not be in violation of the permit because there is no capacity in the approval. She reiterated that she just wanted
the Commission to be aware that the stated capacity is not truly a real capacity.
Chairman Risom asked Ms. Brown to compile a list of year-round homes in Point ‘O Woods. Ms. Brown questioned how she could do so. Attorney Knapp noted that there is no list of year-round homes in Point ‘O Woods and due to the next item on the agenda, a regulation regarding a registration, there is no reason to attempt to compile such a list.
Chairman Risom stated that at the Public Hearing Attorney Branse addressed a letter from George James (Exhibit U) and indicated that Mr. James was not qualified to have intervener status. Ms. Brown noted that Attorney Branse indicated that the letter was not a proper plea and therefore Mr. James did not qualify. Attorney Knapp explained the proper process to become an intervener.
The amended motion reads as follows:
The Commission makes the following findings of fact based on the documents and testimony in the record:
1. The Point O’ Woods Association (“POW”) is a specially chartered municipal corporation having its territorial boundaries within the Town of Old Lyme.
2. POW has created a Water Pollution Control Authority (“WPCA”) under the authority of Conn. Gen. Stats. §7-245, et. Seq.; and its Charter, §1.5(8), (10), and (17).
3. POW entered into a consent order with Connecticut Department of Environmental Protection requiring that it abate water pollution resulting from substandard and malfunctioning septic systems. POW, acting by and through its WPCA, has been in exclusive control of selecting the methods by which such order shall be implemented, without any involvement by the Town of Old Lyme or any agency thereof.
4. POW has represented that the proposed capital improvement is in compliance with Conn. Gen. Stats. §8-24 because the municipality that is solely responsible for that capital improvement, POW, does not have a Planning Commission to which a referral can be made. The Commission accepts and relies upon this representation.
5. POW, acting by and through its WPCA, has had the exclusive authority and responsibility to finance, design, and construct the proposed water and sewerage systems and has been exclusively involved in the selection of legal counsel, engineers, and other consultants. No agency of the Town of Old Lyme has had any involvement whatsoever in these matters.
6. Upon completion of the proposed water and sewerage systems, POW, acting by and through its WPCA, will have the exclusive authority and responsibility to finance, own, operate and manage these systems. No agency of the Town of Old Lyme has taken any action, or entered into any agreement, concerning these systems.
7. The approval of the proposed water and sewerage systems by this Commission did not include any review of, nor does it constitute any approval or ratification of, the financing, design, construction, operation, management, or repair of the proposed systems.
8. POW has represented to the Commission that it has the financial, managerial, and administrative capacity to fulfill its obligations under the consent order and to finance, own, manage, repair, and otherwise operate the proposed systems.
9. POW has represented to the Commission that the force main which will carry sewerage from the development to a point within East Lyme will not be capable, from an engineering perspective, of accepting any further service connections and that no such connections are to be permitted by POW or East Lyme.
10. POW had repeatedly acknowledged before the Commission that the installation of year-round water and sewer service will not authorize the conversion of existing seasonal dwellings to year-round occupancy except in compliance with Section 11.19 of the Zoning Regulations.
11. The public health, safety, and welfare grounds which support regulation of the conversion of seasonal cottages to year-round occupancy are numerous and critical. Seasonal communities in Old Lyme exhibit, at the least, the following types of challenges to year-round occupancy:
· Lot sizes are small, depth to the water table and/or ledge is minimal, and percolation rates are either excessively rapid (inadequate renovation of effluent) or excessively slow (inadequate acceptance of effluent volume). Most lots in the seasonal communities cannot comply with current Public Health Code standards for septic systems.
· Due to small lot size and high density, wells (when they exist) are often shallow and too close to potential contamination sources, such as pre-existing septic systems, automobile parking areas, and surface waters. Community water supplies, when they exist, are often not operational during the winter months and/or have inadequate pressure, supply, or quality.
· Wells and community water system lack sufficient pressure and volume to support fire-fighting. For example, even the new water system for Point O’ Woods will not include fire hydrants.
· Streets are typically narrow, steep, and do not meet current construction standards for load-bearing capacity. In winter conditions, plowed snow narrows the width of such roads even further. Streets are also characterized by sharp turning radii. Due to small lot sizes, cars must frequency park on the roadways, creating restrictions in already narrow road widths. Such roads lack modern stormwater management systems, allowing icing conditions during the winter months. For these reasons, access by fire apparatus and other emergency vehicles is difficult in summer conditions, but is even more difficult in winter
conditions. Because most of these roads are owned and maintained by semi-public associations, the Town of Old Lyme cannot mandate that they be upgraded.
· Located on peninsulas or other shoreline locations between Long Island Sound and the Amtrak line or Interstate I-95, seasonal communities frequently have inadequate access options from arterial public roads. In the case of Point O’ Woods, for example, there is only one single access for 425 dwellings, and that access is very narrow, of limited height, and located between concrete railroad bridge abutments with the main Amtrak line running overhead. There is no traffic light.
· Few, if any, of the seasonal communities have sidewalks or any other provisions for pedestrian or bicycle movement. During the summer months, this creates a modest risk to pedestrians, but occupancy during the winter months would expose school children to the need to walk to a school bus stop during pre-dawn hours on potentially snowy or icy streets without any way to escape a skidding car on a narrow street.
· Lot sizes are small relative to the homes located upon them, even when the homes themselves are small. High percentages of impervious surface create excessive stormwater runoff which has inadequate opportunities for renovation by flow through vegetated areas. This excessive proportion of impervious surface constitutes its own source of water pollution that has been recognized by the Connecticut Department of Environmental Protection. Conversion of small seasonal cottages to year-round use will increase pressure for enlargement of existing dwellings, thereby exacerbating the problem of impervious coverage.
· Most cottages were constructed to be just that: seasonal vacation homes without heat or heavy utility use. Cottages do not conform to current electrical, structural, plumbing, fire or other building safety codes. Expanding the use of such structures to winter occupancy places additional strain on building systems that are already inadequate by modern standards.
· Many seasonal communities rely for recreational opportunities on the beach itself, and do not have other non-summer recreational opportunities for children or adults. Point O’ Woods is unusual in that it does have tennis courts, a playground, a pavilion, a basketball court, and a boat basin for recreation, but even those facilities have limited use in winter or inclement weather.
12. The application by POW to create water and sewerage systems addresses the first two (2) of the above list of nine (9) separate and distinct issues. The other seven (7) issues are equally critical health, safety, and welfare threats and will remain after the proposed systems are installed. For this reason, approval of the pending application does not constitute any finding that conversion of seasonal dwellings to year-round occupancy will further the public health, safety, and welfare. POW has repeatedly represented to the Commission that it acknowledges the validity of Section 11.19 and that the pending application is intended only to address the current abatement order and is not intended to pave the way for large-scale seasonal
conversions to year round occupancy.
13. POW has represented to the Commission that there are between 30 and 40 existing year round dwellings at Point O’ Woods (having an existing winter water supply). These dwellings have not been identified.
14. POW has represented that although the new water supply distribution system will be operational during the winter months, there will be no changes to seasonal service laterals for each dwelling. Therefore, no existing cottage with a seasonal water system will be capable of operating during the winter months unless the service lateral is reconstructed, which reconstruction POW has represented it will not perform. Such reconstruction would require a permits from the Old Lyme Zoning Enforcement Officer, the Building Official, the Director of Health, and Housing Code administrator.
15. The construction work required to complete the POW water and sewerage systems will involve work within both Association and public road rights of way, with the potential for traffic congestion or risk to motorists if not suitably managed.
16. There is the potential for pipe trenches to divert the flow of groundwater unless suitable steps are taken to prevent it.
17. POW has represented before the Commission that there will be no need for stockpiling of material from the trenches due to the “dig and back fill” method that they anticipate; and processing of any removed ledge will be performed at a location in compliance with the Zoning Regulations if located within Old Lyme.
18. POW acknowledges that maintenance of the sewerage system will be critical to the protection of the public health, safety and welfare, but does not yet have a signed maintenance agreement with a qualified entity. POW has acknowledged during the public hearing that proper administration of the system is critical, and, as the applicant, assumes the responsibility for such administration.
WHEREFORE, based on the foregoing findings, the Old Lyme Zoning Commission hereby grants the application of POW for a Special Permit to allow Government Service in accordance with the application materials, subject to the following conditions and modifications:
POW shall be responsible for providing traffic management personnel to protect the public safety and prevent traffic congestion at its sole expense. Such personnel, and their deployment, shall be subject to the approval of the First Selectman.
There shall be no stockpiling of surplus material for more than one (1) day.
Any processing of rock or ledge removed from the trenches shall be performed only on a premises that complies with the Old Lyme Zoning Regulations, if such processing is to occur within the Town of Old Lyme.
POW shall submit the truck route(s) to be used for the hauling of any material to or from the construction site, which route(s) will be subject to the review and approval of the Commission.
There shall be a pre-construction meeting with the East Lyme and Old Lyme Inland Wetlands and Watercourses Officers, Town Engineers, Building Official, Fire Marshal, Sanitarian, and First Selectmen or their respective designee(s).
Check dams shall be used where groundwater is encountered in trenches to prevent diversion of ground water flow along the trench route.
POW’s designated engineer shall provide construction supervision to ensure compliance with the approved plans, erosion and sedimentation control, and installation of check dams, and other provisions of this Motion.
Construction work within the access road to Point O’ Woods in the area of the railroad bridge shall only be performed during non-peak season i.e., when the public water supply has been shut off; and on non-peak days or hours so as to minimize the risk of restricted emergency access.
Prior to the commencement of construction, the maintenance contract for the sewerage system shall be subject to review and approval by the Commission’s engineering consultant and attorney to assure that the maintenance as represented by POW during the public hearing will be performed.
No water connection lateral for any dwelling shall be altered to allow for winter occupancy without the approval of the Director of Health and the Zoning Enforcement Officer in accordance with Section 11.19 of the Zoning Regulations.
The approval shall be subject to the recommendations contained in the letters from the Commission’s consulting engineer, Thomas Metcalf, P.E., dated July 3, 2008 and July 10, 2008, specifically including:
a. Dewatering plans shall be submitted to Mr. Metcalf to confirm that they have been prepared (item (b) of his July 3, 2008 letter). Review by Mr. Metcalf of these plans (or any others) shall not be construed as any acceptance of responsibility for the design, oversight, or supervision of the system by Mr. Metcalf or the Town of Old Lyme.
b. In accordance with Section 4.4.6.3, the plans shall be modified as recommended by Mr. Metcalf’s letters (item 6(b) in the July 3, 2008 letter) to reflect the Boat Basin Pump Station location in the 100-year flood zone. The pump chamber chamber access manhole and critical support facilities should be elevated above the base flood elevation. Additionally, if the manhole access is within one foot of the base flood elevation it shall have a water-tight type cover and any critical support facilities within one foot of the base flood elevation be flood-proofed and/or capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy as applicable. All manholes in the 100-year Flood Zone or within one foot of the
base flood elevation must have water-tight covers.
c. A stormwater pollution prevention plan shall be prepared by a licensed professional engineer and submitted for review and approval by Mr. Metcalf prior to the start of construction.
d. Submission of an erosion and sedimentation control bond in an amount to the satisfaction of Mr. Metcalf, and in a form acceptable to the Commission’s attorney, Mark K. Branse. This may be the same bond required in accordance with the Inland Wetlands and Watercourses Commission’s approval March 3, 2008.
e. The applicant shall coordinate construction work and scheduling per item 6(f) of Mr. Metcalf’s July 3, 2008 letter.
f. A Flood Hazard Area Permit, if required under Section 4.4.7, shall be obtained prior to the commencement of construction.
12. This approval does not constitute approval of the conversion of any dwelling from seasonal occupancy to year round occupancy, now or in the future. Such conversion requires an application in accordance with Section 11.19 of the Zoning Regulations.
Motion carried 4:1, with Chairman Risom voting against.
Chairman Risom explained that he voted against because he is aware of many areas of the United States, with Myrtle Beach being a perfect example, which started as cute homes in a seasonal environment where people knew each other and there was a nice sea front seasonal community. He noted that many of these communities are the exact opposite of that today. Chairman Risom pointed out that East Lyme’s Giants Neck neighborhood is a perfect example. He noted that it is Zoning’s job to control the density. Chairman Risom stated that the very reason these properties are enjoyed is being undermined by sewers. He noted that Zoning, Health, welfare and safety issues are the reasons he has voted against.
3. Special Permit Application to enlarge outbuilding, 7 Portland Avenue, Dennis and Valerie Melluzzo, applicants.
No action taken. The Public Hearing for this item will be held on August 11, 2008.
4. Special Permit Application to construct an addition, 20 Ridgewood Road, Kenneth and Joanne Russell, applicants.
No action taken. The Public Hearing for this item will be held on August 11, 2008.
5. 83 Hartford Avenue – Discussion – mechanical equipment box and landscaping.
Ms. Brown explained that one of the conditions of approval was that the vent for the hood would be enclosed. She noted that the vent is an aluminum mushroom. Ms. Brown stated that it is not enclosed and there are apparently physical problems with enclosing the vent.
Keith Grills, owner, explained that he has learned that if the vent is enclosed the heat will not dissipate and will not work effectively. Ms. Cable questioned whether they could use lattice work. Mr. Grills stated that he wrongly assumed that the vent could be boxed in when the Commission requested that it be enclosed. He noted that it is not shown as enclosed on the drawing.
Ms. Brown stated that this property is in the SVVD which is why they were before the Commission. Ms. Cable again suggested lattice work. Mr. Grills stated that he would look into it, although he is not sure that lattice would look good. Ms. Brown explained that it is a small building with a large vent and an enclosure would not be in proportion to the roof. Mr. Grills indicated that he is requesting a waiver of this condition because any type of lattice would probably be very difficult to keep up in high winds.
Ms. Marsh questioned whether there is a photograph of the vent. Mr. Risom noted that the business is open, which is good, but he would like to address this issue. He asked the Commission members to go by the structure and asked Mr. Grills to return in August for further review and discussion. Mr. Grills indicated that he would look into other solutions, such as lattice work.
Mr. Grills indicated that he would also like to discuss the landscaping. He indicated that he is digging the ground up next year for a new septic system and he would like to put off half the landscaping until that work is completed so that it does not have to be removed. Chairman Risom stated that they will discuss the landscaping at the next meeting also.
A motion was made by John Johnson, seconded by Jane Cable and voted unanimously to move Item 10 up on the agenda.
6. Zoning Enforcement.
Attorney Knapp stated that there will be a registration as a result of the seasonal dwelling lawsuit and the Commission will have to revise Section 11 of the Zoning Regulations. He noted that the lawsuit has been withdrawn based on the settlement. Attorney Knapp explained that the registry will be for all properties in the R-10 zone and will require that the Town send each property a large amount of information about their property, along with a registration form and people will send it back along with a registration fee. He indicated that the goal is that on or before June 30, 2010, the process will be completed and at that point in time in the Town Clerk’s Office and the Zoning Office there will be text of the registry and at that point beyond which the registry will be changed only for people
who perform proper conversion in zoning process. Attorney Knapp noted that conversion can only take place if all requirements are met, such as health code. Attorney Knapp noted that if a registration is not submitted for whatever reason, they will be put on the seasonal list.
Attorney Knapp asked the Commission members to review the Regulation for discussion at the next meeting and after which they can set it for Public Hearing.
Ms. Brown stated that the registry will be presenting staffing problems in the office, along with a large quantity of work for the Zoning Board of Appeals. She noted that the First Selectman thinks it would be of benefit for the Zoning Commission, Zoning Board of Appeals, office staff and attorneys to meet to discuss the process so that everyone understands what the process will be and where the responsibilities lie. She suggested that the Commission think about when it would be convenient to hold a special meeting for this purpose. Ms. Marsh suggested the fourth Monday of September. The Commission agreed to hold off setting a meeting with the First Selectman and others pending their review of the Regulations.
Mr. Johnson questioned how many properties are in the R-10 zone. Ms. Brown indicated that there are approximately 1,750 to 1,800. She reiterated that it will be a lot of work.
7. Informal Discussion – 15-1 and 15-2 Tantummaheag Road, CT River Gateway Conservation Zone.
Mr. Johnson recused himself for this discussion. Attorney David Royston was present to represent Randall Hack, perspective purchaser of these properties. He noted that Mr. Hack has a contract to purchase these properties, one of which (15-1) is a pre-existing, nonconforming lot both to area and frontage and one setback. Attorney Royston stated that the two parcels are owned by two separate partnerships which are trustees within the Cummings family. He noted that the properties were purchased by George Cummings prior to zoning and subdivision regulations. Attorney Royston stated that there are two other properties that use the driveway which has 40’ of frontage on Tantummaheag Road. He explained that the Hack’s would like to return to Old Lyme.
Attorney Royston stated that the properties are unique for a number of reasons. He distributed a summary of the development of these properties to the Commission members. Attorney Royston stated that they have discussed the proposal with the Gateway Commission because homes over 4,000 square feet require a special permit. He noted that the two properties currently contain three dwelling units. Attorney Royston stated that the main house was built on a piece of property which was referred to as the Hill tract. He indicated that this is the front section of the property. Attorney Royston stated that on a separate parcel in the back, approximately 1.25 acres in an R-80 zone, has a cottage and a garage. He noted that this is the land-locked piece. Attorney Royston explained that
there is a larger barn structure which is probably the most predominant when viewing the property from the river. He displayed photographs of the barn. Attorney Royston stated that the barn was destroyed prior to 1984 and was rebuilt with a full residential unit on the first floor.
Attorney Royston explained that the proposal is to remove all three structures and construct two independent homes and one caretaker cottage to replace the residential barn structure. He stated that they want to reconfigure the lots so that there are two conforming lots with regards to area. He noted that 15-1, when reconfigured, will not have the required frontage as there is only 40 feet to begin with. Attorney Royston noted that the new lot will remain landlocked but will have the required area.
Ms. Brown explained that there are currently two lots and there will be two lots in the end. She noted that the existing landlocked piece will be enlarged, but remain landlocked. Ms. Brown stated that all three buildings will be razed and new structures will be erected; two new houses and one caretaker cottage that would be a full stand-alone dwelling on the lot with the main house.
Attorney Royston stated that Mr. Hack does not have time in the purchase contract to go through the application process and get his approvals. He noted that they went before the Gateway Commission informally because one of the issues right of the bat is height. Attorney Royston stated that because of the topography of the lot in the area of the house and because of the way height is measured in the Gateway Zone, the proposed height is slightly higher then the 35’ that is allowed. He indicated that the Gateway Commission indicated that they have no objection to the proposal under the circumstances.
Ms. Brown questioned where in the Gateway Regulations it allows the Zoning Commission to make an exception and allow a house taller than 35 feet. Attorney Royston stated that it is in Section 4.10.12.3. Ms. Brown noted that there is also a Zoning Regulation that limits the height of the house to 35 feet. Attorney Royston stated that except that the zoning regulations allow you to measure from the manufactured grade provided they make a determination that the intent of the Gateway Zone are met by the construction. Chairman Risom noted that there is also a height limit of 35 feet in the zoning district. Ms. Cable pointed out that the height is measured differently in the Gateway Zone.
Ms. Brown noted that the other issue is the guest cottage. Attorney Royston stated that guest cottages, as defined in the Zoning Regulations, are for employees and guests, not paying guests, of the occupant of the lot. He indicated that they propose to reduce the size of the cottage, which would reduce the nonconformity and they would qualify to apply for a Special Permit under Section 9.4.
Attorney Royston noted that he is aware that any discussion this evening is not binding and that the Hack’s will at some point make a judgment. He indicated that the discussion with the Gateway Commission was also not binding. Mr. Looney noted that one thing that they will have to take into consideration during the public hearing is any input from the public. He questioned whether they have shown the proposal to adjacent property owners. Mr. Hack indicated that he has presented the plan to the Baggs and the Johnston’s.
Ms. Brown warned the applicant to be sure the lots are not in the same ownership if the structures are demolished so that the lots will not be automatically merged.
8. Informal Discussion – 120 Boston Post Road, Bolles.
Jim Bolles stated that he was notified that he had to remove the rental apartment from his barn. He noted that the barn was constructed in 1990 and he has been renting up until this year when he was notified that it was an illegal apartment.
Ms. Brown noted that the property is in an R-20 zone where accessory apartments are not allowed. She indicated that he has no way of legitimizing the apartment without going to the Zoning Board of Appeals. Ms. Brown stated that he wants to know whether the Commission would consider modifying the regulations to allow accessory apartments in the R-20 zone.
Ms. Cable noted that the Van Gools down the road were just required to remove the kitchen in their accessory apartment. Ms. Brown explained that Mr. Bolles is researching whether the Zoning Commission would consider modifying the Regulations to allow apartments in the R-20 zone.
Ms. Cable indicated that she would not be in favor of allowing accessory apartments in the R-20 Zone. Chairman Risom noted that the minimum lot size now allowed in Old Lyme is 30,000 square feet and it would not be consistent allowing 2 residences on a lot as small as 20,000 square feet.
Mr. Bolles noted that his use might be grandfathered. Ms. Brown noted that she never found any approvals for the apartment, only for the barn. Mr. Bolles questioned his options. Chairman Risom stated that Mr. Bolles could remove the kitchen or apply for a variance.
9. Special Permit Application for a grocery beer permit, 19 Halls Road, Units #101 & 102, Nicole’s Convenience Store, Applicant. Receipt.
Ms. Cable stated that she has done work for the owners in the purchase and sale of their personal residence. She indicated that she asked if the ombudsman for the ethic’s commission had been appointed so that she could get a written opinion that she does not have a conflict of interest because she has no economic interest in this application. Ms. Cable stated that no ombudsman has been appointed and there will be no written opinion. She noted that there is a non-functioning ethics commission is opinions cannot be obtained. Ms. Cable stated that she will recuse herself only because she does not want to do any harm to the applicants.
The Commission received the application and set the Public Hearing for August 11, 2008 on a motion by Patrick Looney and seconded by John Johnson; so voted unanimously.
10. Site Plan/Coastal Site Plan Application to construct a garage/office/storage building, 310 Breen Avenue, Robert & Terry Swaney, applicants. Receipt.
The Commission received the application and set the Public Hearing for August 11, 2008 on a motion by John Johnson and seconded by Jane Cable; so voted unanimously.
11. Petition to Amend the Old Lyme Zoning Regulations, Section 12, Planned Residential Conservation Development (PRCD), Short Hills Properties, LLC, applicant. Public Hearing scheduled for August 11, 2008.
No action taken. The Public Hearing is scheduled for August 11, 2008.
12. Special Permit Application to construct a shed, 25 Library Lane, Thomas and ? Gotowka, applicants. Receipt.
The Commission received the application and set the Public Hearing for August 11, 2008 on a motion by John Johnson and seconded by Jane Cable; so voted unanimously.
13. Special Permit Application to construct a garage, 18 Clifton Street, Receipt.
The Commission received the application and set the Public Hearing for August 11, 2008 on a motion by Jane Marsh and seconded by Jane Cable; so voted unanimously.
14. Zoning Enforcement.
a. Zoning Enforcement Report
Mr. Kiritsis stated that there are many items that have not been followed up in quite some time. He asked that she give the status of those. Ms. Brown stated that she has not had the chance to get to Kellogg to see if the storage containers have been removed. Mr. Kiritsis indicated that Mr. Saunders is bring in more things then he is removing. Ms. Brown indicated that she does need to get back to his property.
b. Site Inspection Report
No report.
15. Approval of Minutes
A motion was made by Patrick Looney, seconded by John Johnson and voted unanimously to approve the minutes of the June 9, 2008 Regular Meeting and Public Hearing as amended.
16. Any new or old business
None
17. Correspondence
None.
18. Miscellaneous/Adjourn
A motion was made by Patrick Looney, seconded by John Johnson and voted unanimously to adjourn at 9:55 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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