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Zoning Commission Record of Vote 01/11/2010
RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR  MEETING
Monday – January 11, 2010, 7:30 P.M.
Memorial Town Hall
52 Lyme Street

1.   Convene Meeting; present and voting were regular members, Jane Cable, Chairman, Tom Risom, Vice Chairman, Jane Marsh, Secretary, John Johnson and Pat Looney
  
Also present:  Ted Kiritsis (alternate seated for 31 Smiths Neck Road-Griswold only), Ann Brown, Zoning Enforcement Officer, Kim Barrows, Zoning Administrative Assistant

Absent:  Beth Sullivan (alternate) and John Eichholz (alternate)

CONTINUED PUBLIC HEARINGS

1.  Special Permit/Coastal Site Plan Review to permit demolition of existing house and construction of a new house (total footprint 4,512 s.f.) in approximately the same location on property located at 31 Smiths Neck Road, Peter A. and Katherine R. Griswold, applicants.

A Motion was made by T. Risom, seconded by P. Looney to CLOSE the public hearing for 31 Smiths Neck Road.  No discussion and a vote was taken.  In favor:  J. Marsh, J. Cable, T. Risom, P. Looney, T. Kiritsis    In opposition:  None   Abstaining:  None    The motion passed unanimously.  5-0-0

2.  Special Permit Application to obtain a liquor permit for the sale of beer only at 389 Shore Road (Dairy Mart), Sara Khan, applicant.    John Johnson seated

A Motion was made by J. Johnson, seconded by T. Risom to CLOSE the public hearing for 389 Shore Road.  No discussion and a vote was taken.  In favor:  J. Marsh, J. Cable, T. Risom, P. Looney, J. Johnson    In opposition:  None   Abstaining:  None    The motion passed unanimously.  5-0-0

PUBLIC HEARINGS

1.  Coastal Site Plan Review to permit construction of a new stair and terrace on waterside of home while renovating existing structure on property located at 10 West End Drive, Carlos & Melissa Santos, applicants.  

A Motion was made by J. Johnson, seconded by P. Looney to CONTINUE the public hearing for the Coastal Site Plan Review of 10 West End Drive to the February 8, 2010 Regular Meeting.  No discussion and a vote was taken.  In favor:  J. Marsh, J. Cable, T. Risom, P. Looney, J. Johnson    In opposition:  None   Abstaining:  None    The motion passed unanimously.  5-0-0

A Motion was made by J. Marsh, seconded by P. Looney to receive Special Permit Application for 10 West End Drive under Section 4.3 of the Zoning  Regulations and SET A PUBLIC HEARING for February 8, 2010 Regular Meeting.  No discussion and a vote was taken.  In favor:  J. Cable, T. Risom, J. Marsh, P. Looney, J. Johnson   In opposition:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

2.  Special Permit/Coastal Site Plan Application to permit the drying and temporary storage of dredging material on property located at 2-4 Bank Road, Robert Asselin, applicant.

A Motion was made by J. Johnson, seconded by P. Looney to CLOSE the public hearing for 2-4 Bank Road.  No discussion and a vote was taken.  In favor:  J. Marsh, J. Cable, T. Risom, P. Looney, J. Johnson    In opposition:  None   Abstaining:  None    The motion passed unanimously.  5-0-0

REGULAR MEETING

1.  Special Permit/Coastal Site Plan Review to permit demolition of existing house and construction of a new house (total footprint 4,512 s.f.) in approximately the same location on property located at 31 Smith Neck Road, Peter A. and Katherine R. Griswold, applicants.

Whereas, a Motion for Approval was made by J. Marsh, seconded by T. Risom -

        Whereas, the Zoning Commission has received an application for a Special Permit/Coastal Site Plan approval to permit demolition of existing house and construction of new house (total footprint 4,512 s.f.) in approximately the same location, and a request has been made to allow the height to be measured from a new finished manufactured grade in compliance with section 4.10.12 of the Zoning Regulations .  The following plans were submitted with the applications and reviewed by the Zoning Enforcement Officer, the Gateway Commission and the Town’s Engineer:  On Site Wastewater Disposal Plan dated 9/15/09, revised to 12/10/09 prepared by Criscuolo Engineering, LLC (Page 1 of 2), Erosion and Sediment Control Notes and Details dated 9/15/09 (Page 2 of 2); Coastal Resource Map prepared by Criscuolo Engineering, LLC dated 9/15/ 2009 (Page 1 of 1); Sheet A1-0 Foundation Plan by ADL III Architecture P.C.; Sheet A1-1 First Floor Plan by ADL III Architecture P.C.; Sheet A1-2 Second Floor Plan by ADL III Architecture P.C.;  Sheet A2-1 Front View (East Elevation) by ADL III Architecture P.C.; Sheet A2-2 Side View (South Elevation) by ADL III Architecture P.C.; Sheet A2-3 Rear View (West Elevation) by ADL III Architecture P.C.; Sheet A2-4 Side View (North Elevation) by ADL III Architecture P.C.  

        Whereas, the Zoning Enforcement Officer, the Gateway Commission and the Town’s Engineers provided comments with respect to the plans submitted and applicant’s engineer subsequently replied to said comments by letter dated December 10, 2009.


        Whereas, the Zoning Commission has held a duly noticed public hearing on December 14, 2009 that was then continued to January 11, 2010 and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and from the applicants; and

        Whereas, the proposed activity (residential structure over four thousand (4,000) square feet in total floor area) is permitted by Special Permit under the Old Lyme Zoning Regulations Sections 4.10.12.1, and  allowing the height to be measured from a new finished manufactured grade is permitted in compliance with section 4.10.12.4.e;  the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13A, 13B and Section 4.10.12 of the Regulations and grants with the following conditions and/or modifications required to be added to the final plan:

1.  The applicant is requesting consideration for the use of Section 4.10.12.4 e of the Old Lyme Zoning Regulations, specifically as it pertains to the use of a “new finished manufactured grade” for the calculation of building height and the Commission has incorporated the granting of this as part of the motion.

2.  The Zoning Commission has reviewed Section 4.10.12.4 of the Zoning Regulations and finds that the application meets said criteria.  

        a)  That only a 1/3 to a 1/4 of the total building frontage exceeds the height limit and is seen from the river and that moving the house to get a better grade or having the house redesigned is not practical and this is the best solution using the Commission’s ability to exempt it.   

        b)  The Gateway Commission has several concerns with respect to the height restriction and the look from the river, keeping its natural view.  The commission is choosing one over the other by keeping the natural view from the river.   

        c)  The Gateway Commission’s concerns are the views from the river, not the views of the neighbors.

        d)  There were also concerns raised by the Conservation Commission and the need for the Commission to balance the concerns.  

3.  Applicant shall submit a separate sheet plan showing the trees and vegetative areas that will be maintained to screen the portion of the building that exceeds height requirements from view from the river.  A note will be included saying those trees will be retained and replaced with new plantings (trees) to maintain the view barrier from the river.

4.  A landscape plan for the foundation will be supplied and maintained.

        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

        Whereas, the Zoning Commission has received an e-mail stating that the project is generally consistent with the policies of the Connecticut Coastal Management Act 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 also determines that the application and plans are consistent with the goals and policies of the Coastal Management Act;

        Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for a Special Permit to permit demolition of existing house and construction of new house (total footprint 4,512 s.f.) in approximately the same location, and to allow the height to be measured from a new finished manufactured grade per plans submitted, and approves the Municipal Coastal Site Plan Review Application for property at 31 Smith Neck Road, Old Lyme, CT, with the conditions specified.  No further discussion and a vote was taken.  In favor:  J. Marsh, J. Cable, T. Risom, P. Looney, T. Kiritsis    In opposition:  None   Abstaining:  None    The motion passed unanimously.  5-0-0
2.  Special Permit Application to obtain a liquor permit for the sale of beer only at 389 Shore Road (Dairy Mart), Sara Khan, applicant.

        A Motion was made by T. Risom, seconded by J. Johnson to APPROVE the Special Permit Application to obtain a beer permit for 389 Shore Road (Dairy Mart), with the condition that the Zoning Enforcement Officer receive a signature from the owner of the plaza on the application so that he is aware of the application and the sale of beer on the premises.  No discussion and a vote was taken.  In favor:  J. Marsh, J. Cable, T. Risom, P. Looney, J. Johnson    In opposition:  None   Abstaining:  None    The motion passed unanimously.  5-0-0
3.  Coastal Site Plan Review to permit construction of a new stair and terrace on waterside of home while renovating existing structure on property located at 10 West End Drive, Carlos & Melissa Santos, applicants.  Public hearing continued to the February 8, 2010 Regular Meeting.

4.  Special Permit/Coastal Site Plan Application to permit the drying and temporary storage of dredging material on property located at 2-4 Bank Road, Robert Asselin, applicant.

        Whereas, a Motion for Approval was made by T. Risom, seconded by P. Looney -

Whereas, the Zoning Commission has received an application for a Special Permit/Coastal Site Plan approval to permit de-watering of dredge materials in a de-watering basin to be constructed on site at 4 Bank Road, property of Asselin & Vicele Partnership LLC, the following drawings prepared by Indigo Land Design, LLC, “Site Plan prepared for Asselin & Vicele Partnership LLC, Four Mile River Marina, 4 Bank Road, Old Lyme, Connecticut” dated 12/1/09 sheet SP-1, and, “E&S Control Details and Notes” dated 12/1/09 sheet D-1, a plan titled, “Site Plan, Replacement of Fuel Tank, Four Mile River Marina, 4 Bank Road, Old Lyme, CT” prepared by Rustic Designs Consulting Engineers Land Surveyors, dated 4/21/88.

Whereas, the Zoning Commission has held a duly noticed public hearing on January 11, 2010, and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and from the applicants; and

Whereas, the proposed activity (temporary stockpiling and de-watering of dredge materials) is permitted by Special Permit under the Old Lyme Zoning Regulations Section 15;   the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13A, 13B and Section 15 of the Zoning Regulations, but grants approval with the following conditions and/or modifications required to be added to the final plan:

  • Any dirt/silt materials which are deposited onto Bank Road should be swept up at the end of each work day.
  • There should be a provision for dust control and/or prevention for the de-watering materials, if necessary.
  • An estimate of the cost for erosion and sedimentation structures and installation should be submitted so that a proper E&S bond can be determined.  The E&S bond should be required and submitted prior to endorsement of the plan. The determination of the bond amount shall be made by the Town’s Engineer, the Project Engineer and the Zoning Enforcement Officer.
  • An as-built plan must be submitted at the completion of the project and prior to the final Certificate of Zoning Compliance.
  • Hours of moving material off-site shall not exceed Monday through Saturday, 8 a.m. to 4 p.m.
        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:

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 and plans as revised are consistent with the goals and policies of the Coastal Management Act;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for de-watering of dredge materials in a de-watering basin to be constructed on site at 4 Bank Road, Old Lyme, CT, property of Asselin & Vicele Partnership LLC, with the conditions specified.  No discussion and a vote was taken.  In favor:  J. Marsh, J. Cable, T. Risom, P. Looney, J. Johnson    In opposition:  None   Abstaining:  None    The motion passed unanimously.  5-0-0
5.  Special Permit Application to remove existing structure and install a suitable house not to exceed one and one-half (1 ½) stories on property located at 42 Breen Avenue, Nicholas DiCorletto, applicant.  Receive application and set public hearing.

A Motion was made by J. Marsh, seconded by T. Risom to receive the Special Permit Application for 42 Breen Avenue, DiCorletto and SET A PUBLIC HEARING for the February  8, 2010 Regular Meeting.  No discussion and a vote was taken.  In favor:  J. Cable, T. Risom, J. Marsh, P. Looney, J. Johnson   In opposition:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

6.  Special Permit Application to permit construction of a new stair and terrace on waterside of home while renovating existing structure on property located at 10 West End Drive, Carlos & Melissa Santos, applicants.  Public hearing set for the February 8, 2010 Regular Meeting, as noted above.

7.  Petition to Amend the Zoning Regulations to include a regulation with respect to buildings (commercial, residential, house, garage or shed) having temporary coverings on a dwelling for more than six (6) months.  Christy Laurence-Hannas, petitioner.

A Motion was made by T. Risom, seconded by P. Looney to receive the Petition to amend the Zoning Regulations and SET A PUBLIC HEARING for the March 8, 2010 Regular Meeting.  No discussion and a vote was taken.  In favor:  J. Cable, T. Risom, J. Marsh, P. Looney   In opposition:  J. Johnson   Abstaining:  None    The motion passed. 4-1-0

8. Approval of Minutes – Minutes of Public Hearing and Regular Meeting of December 14, 2009.

A Motion was made by T. Risom, seconded by J. Marsh to TABLE the approval of the minutes of the December 14, 2009 Regular Meeting and Public Hearing until next month to try and clarify the wording of the missing portion of the meeting on the disc.  No discussion and a vote was taken.  In favor:  J. Cable, T. Risom, J. Marsh, P. Looney, J. Johnson   In opposition:  None   Abstaining:  None   The motion passed unanimously.  5-0-0

9.  Any new or old business
        
10.  Correspondence

11.  Zoning Enforcement

a.      Zoning Enforcement Report - None
        b.      Site Inspection Report - None

12. Miscellaneous/Adjourn                                                       

A Motion was made by P. Looney, seconded by J. Johnson, to adjourn the January 11, 2010 meeting; the motion passed unanimously and the meeting adjourned at 10:23 p.m.  


Jane Cable, Chairman