OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, February 8, 2010
The Old Lyme Zoning Commission held a Regular Meeting on Monday, February 8, 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, Beth Sullivan (alternate) 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 9:16 p.m.
1. Special Permit Application/Coastal Site Plan Review to construct a new stair and terrace on waterside of structure and to renovate the existing structure, 10 West End Drive, Carlos & Melissa Santos, applicants.
Ms. Brown noted that the Hearing has been closed and the Commission has 65 days to act on the application. Ms. Marsh stated that she does not believe in what the applicant wants to do because she feels it is creating something that will be a problem going forward. She noted that she understands their wanting to use the front of the house, but the front of their house is very close to Long Island Sound. She indicated that she feels they are putting structures in harm’s way. Ms. Marsh stated that it is not a simple stairway to have access out a door to the front of their house.
Mr. Risom agreed with Ms. Cable and noted that Mr. Flower did a great job designing and presenting the proposal. He indicated that once a line is defined, such as it has been drawn, he does not believe they can deny the application.
Mr. Johnson stated that he hopes everyone had the opportunity to visit the site. He stated that if the Commission approves this structure they are setting a precedent. Mr. Johnson stated that he does not believe they should approve a deck in the sand which is what they will be doing. He stated that he thinks it is a beautiful design but he does not feel it belongs on the beach.
Mr. Looney stated that he agrees with the other Commission members. He stated that the feeling and appearance that he saw at the site; how far the water comes up, etc., he does not feel this is a good place for the structure. Mr. Looney stated that it is substantially close to the water.
Ms. Cable stated that she is inclined to give an approval and let the DEP or OLISP do what they see fit. She indicated that it is not the Zoning Commission’s job to referee. Ms. Cable stated that she would give an approval with modifications to the construction.
Mr. Johnson stated that they are asked to judge what has been presented. He indicated that if the Commission feels they want something less obtrusive then the applicant should come back with a new design.
Mr. Risom stated that the Commission needs to look at the application from a Zoning prospective. He indicated that whether the structure holds up is an issue for the Building Department and the engineers.
Beth Sullivan stated that if the Commission says no, doesn’t it have to be because it does not meet the Zoning Regulations and what part does not meet the regulations.
Ms. Marsh stated that the CAM review allows the commission to look at its impact on the coastal resources. She indicated that it is not just a zoning review. Ms. Marsh stated that there is a lot of bird activity in the area.
Chairman Cable stated that if the Commission feels there is environmental impact they could ask the applicant to resubmit something smaller without a deck. Mr. Looney agreed. Chairman Cable suggested denying the application without prejudice so that the applicant could have the opportunity to resubmit. Mr. Risom stated that he believes the structure is on the correct side of the high tide line. Ms. Cable stated that the house exists where it exists, but adding the door is creating a problem and the coastal resources shouldn’t be burdened with a stair and if it must be, the less impact the better.
Mr. Johnson suggested tabling their decision to have an opportunity to review a proposed motion.
A Motion was made by John Johnson, seconded by Tom Risom and voted unanimously to table the decision on the Special Permit Application/Coastal Site Plan Review to construct a new stair and terrace on waterside of structure and to renovate the existing structure, 10 West End Drive, Carlos and Melissa Santos, applicants, to the March 8, 2010 Regular Meeting.
2. Special Permit Application to demolish existing dwelling and to construct a one and one-half (1 ½) story dwelling on property located at 42 Breen Avenue, Nicholas DiCorletto, applicant
No action taken. The Public Hearing for this item is continued to the March 8, 2010 Regular Meeting.
3. Letter dated January 13, 2010 from the Old Lyme Country Club requesting release of the $4,575.00 bond posted for Erosion and Sedimentation Control as per the Certificate of Decision dated February 13, 2008.
No action taken. Ms. Brown suggested that action on this item be tabled. She said that the Wetlands Commission is recommending a restoration plan for some of the work performed in the wetlands.
4. Special Permit Application to construct a 20’ x 24 boat/tractor storage shed within 50’ of the tidal wetlands on property located at 8 Duck River Lane, Keith and Debra Czarnecki, applicants. Receive and set Public Hearing.
No Action Taken. Application was not received in the Land Use Department.
5. Special Permit Application to convert church to year-round use and install 159 seats within the existing church structure, 287 Shore Road , Shoreline Church, Inc., applicant. Receive application and set public hearing.
Mr. Looney recused himself for this application. Chairman Cable stated that the applicant has decided to go impervious on the parking area which requires a Special Permit. She indicated that she believes that their approval has expired. Ms. Brown stated that the applicant did not submit a recordable mylar in the required timeframe so the Special Permit has expired. She indicated that because they would now like an impervious surface, along with drainage, she explained that they would need a Special Permit.
A Motion was made by John Johnson, seconded by Tom Risom and voted unanimously to receive the Special Permit Application to convert to year-round use and install 159 seats within the existing church structure, 287 Shore Road, Shoreline Church, applicant, and to set the Public Hearing for the March 8, 2010 Regular Meeting. (Vote: 4:0:0:, no one seated for Pat Looney).
6. Petition to Amend the Old Lyme Zoning Regulations to include a regulation with respect to buildings (commercial, residential, house, garage or shed) having temporary roof coverings for more than six (6) months, Christy Laurence-Hannas, Petitioner. Receive and set Public Hearing.
Public Hearing set for March 8, 2010.
7. Any new or old business
Ms. Brown stated that she is in receipt of an application from Ms. Marsh to amend the Zoning Regulations to add alternative energy systems to the RU-40, RU-80 and LI-80 zones. She noted that Ms. Marsh would like to put a wind turbine on her property. Ms. Marsh stated that the Commission allows wind turbines, but not specifically in any zones. She stated that she felt this should be done and suggested that the Commission amend the Regulations to clarify this, or she would do it herself. Mr. Looney questioned whether there was a height issue. Ms. Brown noted that the Regulations allow a wind turbine of 80 feet. Ms. Marsh stated that the Regulations state that the height is measured to the center of the propeller.
Mr. Looney stated that he feels the Federal Government will eventually step in as they did with cell towers. He indicated that eventually it will not be in the Town’s purview.
The Zoning Commission put forth an Amendment to the Zoning Regulations to add “Alternative Energy Systems, subject to 11.13” to Sections 5.1.3, 5.2.3 and 5.12.3,” Zoning Districts RU-40, RU-80 and LI-80.
A Motion was made by Pat Looney, seconded by John Johnson and voted unanimously to petition to amend the Zoning Regulations by adding Alternative Energy Systems, subject to 11.13 to Sections 5.1.3, 5.2.3 and 5.12.3, Old Lyme Zoning Commission, applicant, and set a Public Hearing for the April 12, 2010 Regular Meeting.
8. Approval of Minutes
A motion was made by Pat Looney, seconded by John Johnson and voted unanimously to approve the minutes of the December 14, 2009, Regular Meeting and Public Hearing; the January 11, 2010 Regular Meeting and Public Hearing; and the February 3, 2010 Special Meeting.
9. Correspondence
Ms. Cable reminded the Commission that there is a Special Meeting of the Commission in two weeks and she will be inviting the Planning Commission.
Chairman Cable stated that Mr. Kiritsis is concerned about the Town Meeting that allowed the Selectmen to suspend any permit fee involving the Regional School District. Chairman Cable read the proposal that was before the Selectmen. She then read the final decision. Chairman Cable stated that Mr. Kiritsis is concerned that the Board of Selectmen waived fees that were established by the Zoning Commission. She noted that State Statute states that the Zoning Commission is able to charge processing fees, which is the Commission’s estimate of what an application costs. Ms. Brown stated that the Selectmen’s intention was to waive building fees. Chairman Cable suggested that the Commission could amend their Regulations to collect processing fees instead of application
fees.
Mr. Johnson questioned why the Commission would go through this process. He noted that practically, this would be making a mountain out of a mole hill. Mr. Kiritsis stated that there was no contact from the Selectmen, even as a courtesy, to let the Commission know what they were contemplating. Chairman Cable stated that it goes beyond the power of the Town Meeting because the Town Meeting does not have zoning power. Ms. Marsh stated that the Commission could appeal it.
Mr. Risom stated that the fees are paid by the taxpayers either way. Mr. Looney stated that the fees of the Zoning Commission are by Ordinance set by the Zoning Commission. He stated that in reality it costs the taxpayers either way. Chairman Cable stated that they could collect money from Lyme. Ms. Marsh suggested asking for clarification. Mr. Risom questioned what the Commission would be gaining.
Mr. Johnson questioned the move to put Public Notices on the internet. Ms. Brown stated that it costs quite a bit of money to advertise. Ms. Cable stated that foreclosure ads used to cost $600.00 and now the ad says just to see the website. Mr. Kiritsis stated that they are assuming that everyone has a computer. Mr. Johnson stated that he does not feel this would be fair to the public.
Ms. Brown stated that they are sending the registry information on computer discs and the process will begin soon.
Ms. Brown stated that the Board of Selectmen, in Executive Session, decided not to give Ms. Barrows a step increase this year. The Commission expressed their disbelief. Ms. Brown stated that the Board of Selectmen did not invite her to their meeting. Ms. Brown stated that she doesn’t have any resolution.
The Commission discussed the fact that the Town Hall does not have a Certificate of Occupancy. Mr. Johnson stated that the Town should be addressing the situation one issue at a time.
Ms. Brown stated that Mr. Metcalf is reviewing everything in Mr. Tolchinsky’s file. She noted that they will be going on a site walk of the property with Mr. Tolchinsky and will notify him of what needs to be done.
10. Zoning Enforcement
a. Zoning Enforcement Report
No report.
b. Site Inspection Report
No report.
11. Miscellaneous/Adjourn
The Meeting adjourned at 10:25 p.m. on a motion by Pat Looney; seconded by Tom Risom and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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