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Zoning Commission Regular Meeting Minutes 01/13/2010
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, January 11, 2010

The Old Lyme Zoning Commission held a Regular Meeting on Monday, January 11, 2010, at 7:30 p.m. in the Auditorium of Memorial Town Hall.  Those present and voting were Jane Cable, Chairman, Tom Risom, Vice Chairman, Jane Marsh, Secretary, John Johnson, Patrick Looney and Ted Kiritsis (Alternate).    Also present was Ann Brown, Zoning Enforcement Officer.

Chairman Cable called the meeting to order at 7:32 p.m.  She immediately recessed the Regular Meeting to conduct the Public Hearing.  The Regular Meeting reconvened at 9:36 p.m.

  • 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.
Ms. Marsh stated that the applicant requested use of a new grade for calculation of building height, which she believes is a good solution due to the many reasons stated in the public hearing.

A motion was made by Jane Marsh, seconded by Tom Risom and voted unanimously to approve the for 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, applicant, as follows:

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, modifications and/or findings be added to the final plan:

  • 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.
  • The Zoning Commission has reviewed Section 4.10.12.4 of the Zoning Regulations and finds that the application meets said criteria.  
  • 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.   
  • 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.   
  • The Gateway Commission’s concerns are the views from the river, not the views of the neighbors.
  • There were also concerns raised by the Conservation Commission and the need for the Commission to balance the concerns.
  • 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.
  • 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.  

Mr. Kiritsis was seated for Mr. Johnson for this vote.

Ms. Marsh stated that Gateway had several concerns; one being the height and the other being the view from the river.   She stated that if the house were to be moved there would be a much greater impact on the river, even though it creates a slight increase in the height.  Mr. Risom stated that Gateway is concerned with the view from the river, not necessarily the views of the neighbors.

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 Tom  Risom, seconded by John Johnson and voted unanimously 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.

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.  

No action taken.  The Public Hearing for this item has been 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.

A motion was made by Jane Marsh, seconded by and Pat Looney voted unanimously to approve the 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, as follows:

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.  

Ms. Marsh stated that it should be made clear that the boilerplate approval is part of this approval.
  • 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 Jane Marsh, seconded by Tom Risom and voted unanimously to receive the Special Permit Application for 42 Breen Avenue, DiCorletto and set the Public Hearing for the February 8, 2010 Regular Meeting.

  • 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.  
The Public Hearing for this item is set for the February 8, 2010 Regular Meeting.

  • Petition to Amend the the Old Lyme 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.
Ms. Cable stated that there is a house next to Ms. Laurence’s that has had a blue tarp for a roof for eleven years.  Ms. Lawrence has made a request to amend the Zoning Regulations to regulate using temporary coverings on a dwelling for more than 6 months.  She indicated that Ms. Lawrence feels it is an aesthetic and safety issue.  Ms. Brown stated that the property owner is either tearing down the house and rebuilding or reroofing.  She noted that Ms. Lawrence is becoming frustrated.  Ms. Brown stated that Mr. Rose has become involved to try to resolve it with the property owner.  

Chairman Cable stated that Ms. Lawrence submitted a copy of Montville’s Ordinance.  She noted that the NL Day reported that this ordinance created an uproar in the Town.  Ms. Brown stated that Old Lyme has a minimum maintenance code in the housing code.  Ms. Marsh stated that she does not believe there is.  Ms. Barrows explained that the Sound View District will be proposing a blight ordinance for the Town.  She indicated that she forwarded this to Ms. Lawrence and Ms. Lawrence still wants to move forward with her proposal.  Mr. Johnson suggested that Chairman Cable call Ms. Lawrence.  Ms. Marsh stated that if Ms. Lawrence is to submit a regulation amendment it should contain more then the regulation from another Town.  Ms. Brown stated that they could provide the applicant the opportunity to revise the amendment.  

A motion was made by Tom Risom, seconded by Pat Looney and voted to receive the Petition to amend the Zoning Regulations and set a Public Hearing for the March 8, 2010 Regular Meeting; motion carried 4:0:1, with Mr. Johnson abstaining.

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

Action tabled to the February 8, 2010 Regular Meeting.

9.      Any new or old business

Mr. Risom stated that the fire department damaged two trucks reporting to two separate incidents at the same residence on Meeting House Lane.  He indicated that they have asked him to investigate whether the Fire Department and the Town could work on an ordinance that requires people to maintain a 12’ clearance on their driveways for emergency vehicles.  He stated that Mr. Griswold mentioned that the tree commission is doing the same thing regarding low hanging branches.

10.  Correspondence

Ms. Brown stated that the first selectman is strongly suggestion that the zoning department send the registry information to property owners on a CD and only provide a paper copy when it is requested.  Chairman Cable noted that it is much cheaper to mail a CD rather than a large envelope of paper.  Ms. Brown stated that this will create 1500 people of the 2,000 coming to the office asking for copies of their files.  Chairman Cable stated that she already told the First Selectman that they would send CD’s.  Ms. Brown stated that she has asked Ms. Roach to provide the Zoning Department with a duplicate CD for when the property owner asks for it to be printed.  

11.  Zoning Enforcement

a.      Zoning Enforcement Report

                No report.

        b.      Site Inspection Report

                No report.

12. Miscellaneous/Adjourn                                                       

The Meeting adjourned at 10:23 p.m. on a motion by Jane Marsh; seconded by Pat Looney and voted unanimously.                                            

Respectfully submitted,



Susan J. Bartlett
Recording Secretary