UNAPPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, November 10, 2008
The Old Lyme Zoning Commission held a Public Hearing on Monday, November 10, 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 introduced and welcomed the new Zoning Administrative Assistant, Kim Barrows.
He immediately recessed the Regular Meeting to conduct the Public Hearing. The Regular Meeting reconvened at 7:51 p.m.
2. Presentation of the Regional Plan of Conservation and Development – Linda Krause
Chairman Risom introduced Linda Krause, Regional Planning Agency, was present to explain the Regional Plan of Conservation and Development. Ms. Brown stated that she invited many Commissions to attend the meeting and invited them to sit at the table with the Commission.
Ms. Krause stated that as Town’s are required to update their Plan of Conservation and Development every ten years, so is the Regional Planning Agency. She explained that they are almost four years late in doing so. Ms. Krause stated that Statutes have changed; there is legislation that gives more teeth to the State Plan of Conservation and Development, which was last updated in 2005 with an amendment in 2008. She noted that one of the updates is that they have hooked State funding to the Plan and have also established an Office of Responsible Growth which prepares the Plan and has developed the new legislation.
Ms. Krause stated that she is asking Towns for consistency with the Regional and State Plans of Conservation and Development. She explained that Smart Growth means putting growth where there is existing infrastructure. She presented a map of the 2001/2010 plan which shows a large amount of white in Old Lyme and noted that the area shown in white is rural or a Conservation Area. She noted that the State will not pay for sewers or waterlines in these white areas, nor would they help with industrial growth in this area. Ms. Krause noted that the next category is the neighborhood conservation area and Old Lyme has a little of this around Rogers Lake and along the beach areas (shown in pink). She explained that these are developed areas that are considered urban areas and can be expanded within
the capacity of available services. Ms. Krause stated that for that reason this would not be considered a developable area. She noted that Old Lyme has no yellow areas, which indicates a rural center. Ms. Krause noted that green areas are preservation and wetland areas and these are shown on Old Lyme’s plan. She explained that the last color is orange/beige and this area is designated for new growth.
Ms. Krause stated that some of the areas shown in Old Lyme for new growth are sensitive areas and she has questioned why these are so indicated. Ms. Cable agreed that it did not all appear to make sense, as some of this is located in a flood zone. Ms. Krause stated that the Town should get involved if there are areas designated that they do not agree with. She noted that they are looking to complete the Regional Plan in the early spring. Ms. Krause stated that they will note these areas of inconsistency to the State. She indicated that Old Lyme should look at this State Plan and think about their future growth.
Ms. Krause stated that Ms. Marsh is one of Old Lyme CRERPA representatives and noted that the Planning Commission has not replaced Alan Bayruether. She explained that his replacement does not have to be on the Planning Commission, they just need to have an interest in Planning.
Ted Crosby stated that he went to CRERPA with the database and the GIS Map and there are corrections that they will be correcting. He noted that the urban development area leaves out Point ‘O Woods. Ms. Krause stated that the next Plan will have a much more detailed process for mapping. She noted that there is no central planning office in Connecticut except the few people in the Office of Responsible Growth created two years ago. Ms. Krause explained that CRERPA is trying to assist in the compilation of Town data and recently received a charge to map sewered areas and she is suggesting that they include areas under Order also.
Ms. Krause stated in 2011 they will be restudying the configuration of the Regions and it might be that Old Lyme will end up in the New London/Groton Region and it is unclear where Lyme may end up. Ms. Krause explained that these two Towns are the only on the north side of the river. She indicated that she feels it would be unfortunate if this happened and will do all she can to prevent that from happening. Ms. Krause stated that it makes sense to keep Old Lyme in the Connecticut River Region.
Ms. Krause stated that the first thing she is asking the Commission to do is to look at the Town’s development goals and compare them to those of the State, noting discrepancies. She stated that the Regional Plan is due now, as is the State’s, so the time to get input for Old Lyme into the State’s Plan is now.
Ms. Krause stated that CRERPA plans for the region as a whole and one of the questions is what does Old Lyme see as its part in the Region; obviously Old Lyme is not the downtown of the region, nor is it the outback. She questioned that if the Region was a house, what room would Old Lyme be? Ms. Krause stated that these are some questions for Old Lyme. The Commission discussed this and some possible suggestions were the Conservatory or the Library and a beach community. Mr. Crosby stated that this statement would define Old Lyme. Chairman Risom stated that the Commission has defended a suit for ten years on seasonal use and it has just been settled. Mr. Crosby stated that the major tax base is in the beach community. Ms. Krause stated that the tax base does not have to define the
Town. She noted that for many Towns the beach is an asset, but not necessarily the defining aspect of the town. Mr. Risom stated that Old Lyme is surrounded on four sides by water.
Ms. Krause stated that she is asking the Town of Old Lyme to think about the issues that may not have been addressed in the past. Ms. Marsh acknowledged that 95 goes through Town, but stated that she does not want to necessarily encourage development in Old Lyme. Ms. Cable agreed. Ms. Krause stated that Old Lyme’s vision statement should say that. Mr. Crosby stated that Old Lyme’s goal should be to maintain its rural character and develop its natural resources.
Ms. Krause stated that CRERPA has tried to develop a mapping that shows resource layers. She noted that the CRERPA would like to know what else they can provide the Towns. Ms. Marsh stated that if Towns do not want a certain type of development they need to have Zoning Regulations that will prevent it. Ms. Cable stated that there is also the Plan of Conservation and Development to protect the Town. Chairman Risom pointed out the sewer project in Point ‘O Woods as an example of how plans and Regulations cannot stop development.
The Commission thanked Ms. Krause for her informative presentation.
3. Special Permit Application to convert two-family dwelling to a single-family dwelling and enclose the upper and lower existing porches, 12 Old Colony Road, Gregg F. Neely, applicant.
Chairman Risom questioned whether the Commission feels the plot plan is adequate as Ms. Brown only received it this morning and has not had an opportunity to review it. Ms. Brown indicated that it is a sealed survey and should be adequate. Ms. Marsh pointed out that the lot and the structure are nonconforming. Ms. Brown noted that the proposed use is conforming and the current use, two-family, is nonconforming.
A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to approve the Special Permit Application to convert two-family dwelling to a single-family dwelling and enclose the upper and lower existing porches, 12 Old Colony Road, Gregg F. Neely, applicant, as follows:
Whereas, the Zoning Commission has received an application for a Special Permit approval, for property of Karen Montenaro Kingston and Richard J. Kingston, Jr. at 12 Old Colony Road, with plans, one sheet, titled, “Proposed House Renovations for Kingston Residence 12 Old Colony Road old Lyme, Connecticut”,
Whereas, the Zoning Commission has held a duly noticed public hearing on October 15, 2008 which was continued to November 10, 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:
The plot plan dated November 6, 2008 and noted as Exhibit “L” is deemed adequate for this application;
The zoning status is converted from nonconforming two-family use to a single family use.
The use of the cottage is a seasonal use.
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 hearings 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 modify the house as requested at 12 Old Colony Road, Old Lyme, CT, with the modifications specified.
4. Site Plan Modification Application to revise parking, 1 McCurdy Road, Church of Christ the King, applicant.
A motion was made by John Johnson, seconded by Patrick Looney and voted unanimously to approve the Site Plan Modification Application to revise parking, 1 McCurdy Road, Church of Christ the King, applicant, as follows:
Request for Site Plan Modification with respect to the “revised parking area” more specifically the northern overflow parking area as shown on the plan entitled “Improvement Location Survey Record Asbuilt Plan Prepared for The Church of Christ the King, Old Lyme Inc. Old Lyme, Connecticut” 1”=40ft. Revised 8/28/08 by Hendriks Associates, LLC and the “’Addendum A’ Improvement Location Survey Sketch Depicting Paved Parking Area Prepared for The Church of Christ the King, Old Lyme Inc. Old Lyme, Connecticut” 1”=20 ft. August 28, 2008 by Hendriks Associates, LLC.
Whereas, the Zoning Commission has received an application for Site Plan Modification as referenced above.
And, whereas, the Zoning Commission held a duly noticed public hearing on October 15, 2008 which was continued to November 10, 2008, and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and the applicant; and
And, whereas, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with Commission’s requirements for the modification with the following conditions:
- That landscaping flanking the entrance to the modified parking area be provided.
Now, therefore be it resolved that the Old Lyme
Zoning Commission grants approval to Church of Christ the King for the application to revise the parking area for property at 1 McCurdy Road, Old Lyme, CT, with the modifications specified.
5. Request to modify condition #2 of decision for the Special Permit Application of Carlos Sacadura, 1 Washington Avenue.
Ms. Brown explained that the applicant is indicating that his plans showed screens and he would like to put windows on the porch. She noted that the applicant was hoping that the Commission amend their approval to note a window on one side. Chairman Risom indicated that he would not be in favor of that because it was an important part of the Commission’s original approval that there be screens, not windows. The other Commission members agreed.
6. Request for Clarification of approval for shed at 77 Sea Spray Road, Jeff Flower.
Mr. Flower stated that he measured the existing area to figure out how he could comply with the Commission’s approval. He noted that the new roof will 2.4 feet lower than the existing shed roof. Mr. Flower stated that the Commission’s approval stated that it should be lowered to existing height and then went on to say 8 feet. He noted that he stated the existing height to be 8’ 10”. Mr. Flower stated that he would like to compromise with 8’6 ¾ inches.
Mr. Flower stated that his dimensions are based on the structure, not the grade. He noted that he has not yet finished the grading. He noted that he is reducing the height 2’8”.
7. Zoning Enforcement
- Zoning Enforcement Report
No report.
No report.
8. Approval of Minutes
No action taken.
9. Any new or old business
Ann Brown discussed the proposed amendments to the Zoning Regulations which will describe a “Registry”, which will be a fair and legal system by which the Town and property owners in the R-10 zone district can determine which dwellings are legally Seasonal Use Only and which are legally Year Round Use under the Zoning Regulations. The latest draft will be sent to all members of the commission, and it is hoped that a final text can be approved at the January meeting. A public hearing for the proposed regulation changes must be scheduled after the text is finalized. The goal is that the Registry regulation will be in place by March 1, 2009. In addition, there are a number of other regulation modifications necessary to correct what are essentially typographical errors in the new zoning
regulations. It is hoped that final text will be presented at the January meeting so that a public hearing can be scheduled for those modifications too.
Ann Brown updated the commission on the law suit concerning 28 Lone Pine Trail (Iovanna). Although the ZBA lawsuit has been completed, the town has been notified that it has been brought into the lawsuit brought by Ms. Iovanna against her engineering firm.
Norm Thibeault stated that he asked to get on the agenda to discuss the Commission’s feelings toward a campground. He noted that he does not see this specifically anywhere in his Regulations. Mr. Thibeault stated that they are thinking about RV’s and tents and perhaps a few small cabins. He noted that he has a client that is looking at land in Old Lyme for this use and the land is currently zoned RU-80. Mr. Thibeault stated that the land they are looking at is the Four Ponds Development that expired.
Mr. Johnson stated that it would be a tough sell. Ms. Cable stated that subdivisions give open space to the Town and they would not have that opportunity with a campground. Mr. Thibeault stated that he is currently developing a campground in Plainville and the stipulation in their Regulations is that it cannot be year round. The Commission agreed that it would be a tough sell with the community also.
10. Correspondence
None.
11. Miscellaneous/Adjourn
A motion was made by John Johnson, seconded by Jane Cable and voted unanimously to adjourn at 10:10 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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