UNAPPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Wednesday, October 15, 2008
The Old Lyme Zoning Commission held a Public Hearing on Wednesday, October 15, 2008 at 7:30 p.m. in the Auditorium of Memorial Town Hall. Members present were Tom Risom (Chairman) Jane Cable (Vice Chairman), Jane Marsh (Secretary), John Johnson, and Patrick Looney. Also present was Ann Brown, Zoning Enforcement Officer.
1. Convene Meeting; announcement of voting alternates.
Chairman Risom called the Public Hearing to order at 7:30 p.m. Chairman Risom immediately recessed the Regular Meeting to conduct the Public Hearing. The Regular Meeting reconvened at 9:13 p.m.
A motion was made by Jane Marsh, seconded by Jane Cable and voted unanimously to amend the agenda to include discussion of the Coastal Site Plan approval at 11-1 Shore Acres Road.
2. Coastal Site Plan approval, 11-1 Shore Acres Road
Attorney Bennett stated that he was not involved in the original Coastal Site Plan review. He noted that the lot is pre-existing on the Three Mile River. Attorney Bennett stated that there were nine conditions of approval, one of which they are questioning. He stated that they are not clear as to why the Commission would want a conservation easement for the land between the disturbed area and the Three Mile River.
Ms. Cable stated that she remembers it being a recommendation of OLISP. Ms. Brown read the letter from Marcy Balint, Office of Long Island Sound Programs, which did not suggest a conservation easement. Ms. Brown stated that it is restricted anyway because it is tidal wetlands. She questioned what the harm would be to have a conservation easement. Ms. Brown stated that it is helpful to future owners to ensure that they know it is an area that they cannot disturb.
The Commission suggested amending the condition to allow a 4’ access through the easement area. Attorney Bennett stated that the applicant would like to take some time to think it over.
3. Special Permit Application to add a protective structure to a portion of deck, 1 Washington Avenue, Carlos Scadura, applicant.
A motion was made by Patrick Looney, seconded by John Johnson and voted unanimously to approve the Special Permit Application to add a protective structure to a portion of deck, 1 Washington Avenue, Carlos Scadura, applicant, as follows:
Whereas, the Zoning Commission has received an application for a Special Permit approval, one sheet as prepared by David Coonrod titled, “Map Showing Property Located at 1 Washington Ave. Old Lyme, CT Prepared for Carlos J. Sacadura”, dated July 2, 2008, and Drawing 1, dated 6/7/08 and titled, “New Weather Protective Structure for Existing Wood Deck”;
Whereas, the Zoning Commission has held a duly noticed public hearing on September 8 and October 15, 2008, and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and from the applicant; and
Whereas, the proposed use (addition on a non-conforming lot) is permitted by Special Permit under the Old Lyme Zoning Regulations section 9.1.3, and the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 13B of the Regulations with the following conditions and/or modifications required to be added to the final plan:
- The site plan submitted is deemed adequate for this application;
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;
c. to be in architectural harmony with the surrounding area;
d. 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 Carlos Sacadura for a Special Permit to make an addition at 1 Washington Avenue, Old Lyme, CT, with the modifications specified.
A motion was made by Jane Cable, seconded by Patrick Looney and voted unanimously to amend the motion to include the following condition:
1. Fiberglass screens, as per testimony, not fixed windows, shall be constructed in the addition.
Chairman Risom noted that the plans show a knee wall with screens above. Ms. Marsh pointed out that the protective cover will only be on the shaded area on the deck.
4. Special Permit Application to construct a shed, 77 Sea Spray Road, Mark & Maryellen Phelan, applicants.
Ms. Marsh stated that Attorney Gahagan pointed out that the shed will obstruct the neighbors view. Ms. Cable stated that there is no easement of view in Connecticut. Ms. Marsh stated that because this is nonconforming it must be an improvement. Ms. Cable stated that building code drove the height increase. Ms. Marsh stated that it drove part of the increase but the doors are also taller and the roof pitch was increased. Mr. Johnson noted that the Commission should take this into consideration because they are dealing with a nonconformity. Ms. Brown pointed out that the neighbor does not feel that the nonconformity is being lessened; they feel it is being increased.
Chairman Risom stated that he feels the shed is an improvement. Mr. Looney stated that they could have rebuilt the shed in the same spot. Chairman Risom agreed, but noted that in that case they would have had to keep the shed the same size and shape. He suggested that perhaps the applicant should be required to move the shed to its original location/size/shape. Ms. Cable stated that there was a tremendous amount of construction required in anchoring the shed. She suggested that if they were to deny the application and require that the shed be removed, they should give further guidance such as suggestion the height be reduced. Mr. Looney noted that if the Commission denies the application, it is up to the applicant to submit an application that fits into the Regulations.
Ms. Marsh suggested approving the application with the condition that the height not exceed 8’ above grade. She noted that the Commission has to put aside the fact that the shed has already been constructed, as it was constructed without a permit. Ms. Marsh stated that the applicant would have had to go to the Zoning Board of Appeals to increase the height of the shed.
The Commission discussed the request to reduce the Special Permit application fee for the shed. The Commission agreed that they could not reduce the fee.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to approve the Special Permit Application to construct a shed, 77 Sea Spray Road, Mark & Maryellen Phelan, applicants, as follows:
Whereas, the Zoning Commission has received an application for a Special Permit approval, for property of Mark and Maryellen Phelan at 77 Sea Spray Road, with a survey plan, one sheet, titled, “Property of Mark and Mary Phelan 77 Sea Spray Road Old Lyme, Connecticut” dated 12/12/84 with revisions through 08/01/06, and a plot plan and building designs;
Whereas, the Zoning Commission has held a duly noticed public hearing on September 8 and October 15, 2008, 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 (a modification to an existing non-conforming building to be less non-conforming) is permitted by Special Permit under the Old Lyme Zoning Regulations section 9.4, and the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 13B of the Regulations with the following conditions and/or modifications required to be added to the final plan:
1. The plot plan submitted is deemed adequate for this application; waiver granted.
2. Structure height shall not exceed height of previous structure (8 feet) above grade.
3. Gas bottle shall stay in the present location.
4. The fee stays the same.
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;
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 modify the shed as requested at 77 Sea Spray Road, Old Lyme, CT, with the modifications specified.
5. Special Permit Application to convert a two-family dwelling to a one-family dwelling and enclose the existing upper and lower front porches, 12 Old Colony Road, Gregg F. Neely, applicant.
No action taken. The Public Hearing has been continued to the November Regular Meeting.
6. Site Plan Modification Application to revise parking area, 1 McCurdy Road, Church of Christ the King, applicant.
No action taken. The Public Hearing has been continued to the November Regular Meeting.
7. Site Plan Modification Application to revise parking, 43 Hatchetts Hill Road, Telaid, applicant.
Matthew White, MacDonald/Sharpe & Associates, and Scott Hurley, Telaid, were present to explain the application. Mr. Hurley stated that Telaid is currently located in Niantic and has a fabrication facility in Waterford. Mr. White stated that they are under contract to purchase the property of Diebolt and Diebolt and they would like to increase the parking to accommodate 35 employees and modify the septic system. He noted that they submitted a Site Plan Modification Application.
Mr. White stated that they are adding 17 parking spaces and they currently have 18 parking spaces. He noted that the Regulations would require 27 based on the size of the building. Mr. White stated that there will be a little grading and pointed out a retaining wall on the site plan.
Mr. Hurley stated that Telaid is a telecommunications integrator. He noted that they have clients nationwide, with the largest clients being Merrill Lynch and Bank of America. Mr. Hurley stated that they are currently leasing 5000 square feet on Cross Road in Waterford. He indicated that they have grown in the last 10 years from 46 employees to 150 and from one product line to three. He noted that they also have 6 offices nationwide. Mr. Hurley stated that they are moving out of Waterford when the lease expires at the end of December. He noted that those 20 employees will go directly to this new location, along with 15 employees from Niantic so that the entire business unit is in the same facility.
The Commission agreed that a Public Hearing would not be necessary for these small changes and agreed that Ms. Brown and Tom Metcalf could perform the review.
A motion was made by Jane Marsh, seconded by Patrick Looney and voted unanimously that this proposal is a minor modification to the site plan which can be approved by the Zoning Enforcement Officer.
8. Regulation Modification
- Additions/Corrections to Regulations
- Registry Regulation - discussion
Ms. Brown noted that Sue Bartlett and she still need to go over the minor revisions.
9. Zoning Enforcement
- Zoning Enforcement Report
No report.
No report.
10. Approval of Minutes
Ms. Brown noted that she has not finished the September 8, 2008 Regular Meeting minutes. She explained that that was the evening they had a problem with the recorder and were not able to record the end of the meeting.
A motion was made by John Johnson, seconded by Jane Cable and voted unanimously to approve the minutes of the August 11, 2008 Regular Meeting and Public Hearing.
A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to approve the minutes of the September 8, 2008 Public Hearing
11. Any new or old business
Ms. Cable stated that she would like to meet with the Planning Commission to discuss their definitions of open space, etc. Ms. Brown stated that she will invite them, along with Linda Krause, to the November Regular Meeting. The Commission agreed to put this item on the agenda for 8:00 p.m. as there are only two continued Public Hearings that evening.
12. Correspondence
None.
13. Miscellaneous/Adjourn
A motion was made by John Johnson, seconded by Jane Cable and voted unanimously to adjourn at 10:20 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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