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Zoning Commission Minutes Record of Vote 03/08/2010





RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR  MEETING
Monday – March 8, 2010, 7:30 P.M.
Memorial Town Hall
52 Lyme Street

1.   Convene Meeting; present and voting were regular members, Jane Cable, Chairman, Jane Marsh, Secretary, John Johnson, Ted Kiritsis (alternate) and Joan Bozek (alternate)
 
Also present:  Ann Brown, Zoning Enforcement Officer and Kim Barrows, Recording Clerk

Absent:  Tom Risom, Vice Chair, Pat Looney, Beth Sullivan (alternate)

CONTINUED PUBLIC HEARINGS

Voting members for the continued public hear are:  J. Cable, J. Marsh, J. Johnson, T. Kiritsis

1.  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 DiCorleto, applicant.  

        A letter dated March 8, 2010 by Paul Geraghty, attorney for the applicant, requesting a continuation of the Public Hearing in order to do more test holes on the property and for Sanitarian review.

        A Motion was made by J. Cable, seconded by J. Johnson to CONTINUE the public hearing on Special Permit Application on 42 Breen Avenue to the April 12, 2010 Regular Meeting.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, T. Kiritsis   Opposed:  None    Abstaining:  None  The motion passed 4-0-0

PUBLIC HEARINGS

1.  Special Permit Application to convert to year round use and installation of 159 seats within the existing Church structure on property located at 287 Shore Road – Shoreline Church, Inc., applicant.  

        A Motion was made by J. Johnson, seconded by T. Kiritsis to CLOSE the public hearing on Special Permit Application on 287 Shore Road – Shoreline Church, Inc.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, T. Kiritsis, J. Bozek     Opposed:  None    Abstaining:  None     The motion passed unanimously.  5-0-0

2.  Petition to Amend the Zoning Regulations to include a regulation that states “no structure shall have temporary roofing material for longer than six months”.  Christy Laurence-Hannas, petitioner.

        A Motion was made by J. Johnson, seconded by J. Bozek to CLOSE the public hearing on the Petition to Amend the Zoning Regulations.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, T. Kiritsis, J. Bozek     Opposed:  None    Abstaining:  None     The motion passed unanimously. 5-0-0

        A Motion was made by J. Bozek, seconded by J. Marsh to amend the agenda as follows:  move agenda item number 3 to number 1 and renumber accordingly since there were several people in the audience awaiting the decision on item number 3.  Discussion:  J. Johnson did not agree, the agent for item number 1 was present.  No further discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, T. Kiritsis, J. Bozek    Opposed:  J. Johnson    Abstaining:  None.   The motion passed 4-1-0

REGULAR MEETING

1.  Special Permit Application to convert to year round use and installation of 159 seats within the existing Church structure on property located at 287 Shore Road – Shoreline Church, Inc., applicant.  

Motion with respect to the waivers requested by the applicant:

        A Motion made by J. Marsh seconded by T. Kiritsis to waive the following Sections of the Old Lyme  Zoning Regulations:  Section 13A.2.2 (b) “Statement of Use – provision made for water supply, sewage disposal, solid and liquid waste . . .”, Section 13A.3.11 (c)~“Sanitation-provisions shall be made for collection of, storage and disposal of solid waste”, Section 13A.2.3 g (i) and (vii) “Location, Design and Dimensions for Existing and Proposed Parking . . .” and Section 13A.3.9 “Parking and Loading”, Section 18.5 “Loading Space Standards” and Section 18.8.1 “Number of spaces”.  No further discussion and a vote was taken.   In favor:  J. Cable, J. Marsh, J. Johnson, T. Kiritsis, J. Bozek  Opposed: None   Abstaining:  None The motion passed. 5-0-0

Motion to grant the Special Permit Application.  

        A Motion was made by J. Marsh, seconded by J. Johnson to GRANT the Special Permit Application for 287 Shore Road, Shoreline Church, Inc. as follows:

        Whereas, the Zoning Commission has received an application for Special Permit approval dated February 4, 2010 including a letter from LBM Engineering, Inc. dated January 25, 2010 regarding Stormwater Management Report and accompanying proposed floor plan prepared by Home Designs by Bruno dated Jan. 5, 2009 and Site Plan prepared for Shoreline Church by Dutch & Associates dated May 5, 2009, revised September 2,1 2009, January 21, 2010, February 1, 2010, February 8, 2010, March 3, 2010 and March 5, 2010 Sheets 1 thru 7 and Sheet SL-1 dated 9/29/09 entitled Site Lighting Point Calculation.  

        Whereas, the Zoning Commission has held a duly noticed public hearing on March 8, 2010, 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 (conversion to year round use and installation of up to 159 seats within existing church structure) is permitted by Special Permit under the Old Lyme Zoning Regulations Section 5.5.3 and Section 18.8.4.  The Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13B, Section 5.5.3 and Section 18.8.4 of the Regulations, the findings are as follows:   

        1.  That the landscaping on the site is adequate.

        2.   That site lighting shall be installed and maintained in compliance with Section 18.4.14.b.

        3.   That the proposed alternative surface cover, pursuant to Section 18.8.4.d is found to be adequate.
 
Approval granted with the following conditions:

        1.   That an Erosion and Soil control bond in the amount of $2,500.00 be in place prior to site work.

        2.   The applicant is fully committed to the maintenance responsibilities outlined in the parking surface note on sheet 5 of 7 (reference 18.8.4.c) and maintenance of the stoned perimeter drainage and roof runoff structures are part of the overall site improvement maintenance.  

        3.   That the items listed in the Report from the Old Lyme Fire Marshal dated March 8, 2010 be complied with.  

        4    The miscellaneous shrubbery noted on the plan shall be evergreen shrubs.

        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 protect nearby residential and preservation areas;
to be in architectural harmony with the surrounding area; and
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 to permit conversion to year round use and installation of up to 159 seats within existing church structure, 287 Shore Road, Old Lyme, CT, with the conditions specified.  No further discussion and a vote was taken.   In favor:  J. Cable, J. Marsh, J. Johnson, T. Kiritsis, J. Bozek  Opposed: None   Abstaining:  None The motion passed. 5-0-0

2.  Merged Special Permit Application/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. Marsh, seconded by J. Johnson to DENY the Special Permit Application/Coastal Site Plan Review on property located at 10 West End Drive.  

        Whereas, the Zoning Commission has received an applications for a Special Permit approval and for a Coastal Site Plan, consisting of Coastal Site Plan dated November 6, 2009 with revisions through December 29, 2009 prepared by J. W. Flower Architects, and plans titled “Renovation of Residence”, three sheets, dated November 6, 2009 prepared by J. W. Flower Architects and three color photographs, and a survey titled, “Property Survey, Map Depicting Property of Melissa Riccio Santos” dated June 10, 2009 with revisions through October 20, 2009 prepared by Rowley, Hendriks and Associates, LLC;

        Whereas, the Zoning Commission has held a duly noticed public hearings on January 11, 2010 and February 8, 2010 for the Coastal Site Plan and on February 8, 2010 for the Special Permit, and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and the applicant; and

        Whereas, under the Old Lyme Zoning Regulations, the Commission finds that the applicant has not provided sufficient evidence to demonstrate compliance with the technical provisions of Section 4.2 Coastal Boundary, and Section 4.3 Tidal Waters Protection, and Section 13 Site Development Plans and Special Permits of the Zoning Regulations for the following reasons:

The Office of Long Island Sound Program (OLISP) described the proposed stairs and terrace structure as  “seawalls”;
The Office of Long Island Sound Program has stated that the proposed project is INCONSISTENT with the goals and policies of the Connecticut Coastal Management Act (CCMA);
According to OLISP, the proposed additions will have the effect of modifying erosion and the movement of beach sediments, thereby representing a shoreline flood and erosion control structure pursuant to CGS Section 22a-109( c ), which is allowed under only very limited circumstances, none of which apply in this case, per CCMA;
According to OLISP, the placement of seawall and other flood and erosion control structures in such sensitive and dynamic areas usually cause adverse impacts to adjacent properties, and exacerbate the erosion problem rather than eliminating it;
The OLISP suggests that the applicant should confer at greater length with OLISP prior to finalizing a plan for submission to the Town to ensure that the proposal does not require any permit(s) from the State and that resource mapping is accurate;
The Commission has determined that there is a likelihood that the proposed additions will in fact have an adverse effect on the movements of beach sediments;
The proposed steps on the rear of the building are in fact not simply steps, but actually a deck and steps;  the deck must meet the rear setback or obtain a variance;
Any addition on the water side of the house would be putting the addition and the structure in harm’s way;
The Commission finds that there is adverse impact to the Coastal Resources from this proposal;

        Whereas, the Commission finds that the applicant has not demonstrated compliance with the General Standards of Sections 4.2, 4.3 and 13, in particular that the proposed use, buildings and other structures and site development are not 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;
to demonstrate that the proposed activity is consistent with the coastal policies in Conn. Gen. Statutes Section 22a-92;
to demonstrate that the proposed activity incorporates all reasonable measures which will mitigate potential adverse impacts on both coastal recourses and future water-dependent development activities;
to demonstrate that the potential adverse impacts of the proposed activity on coastal resources and future water-dependent opportunities are acceptable; 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 comments from the Office of Long Island Sound Program of the Department of Environmental Protection, after submitting the application materials to them for review, and the Commission determines that the application and  plans are inconsistent with the goals and policies of the Coastal Management Act;

        Now, therefore be it resolved that the Old Lyme Zoning Commission denies approval to the Special Permit and Coastal Site Plan applications for property at 10 West End Drive, Old Lyme, CT, for the reasons specified.  There was no further discussion and a vote was taken.  In favor:  J. Marsh, J. Johnson, T. Kiritsis  Opposed:  J. Cable   Abstaining:  None   The motion for denial passed.  3-1-0

3.  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 DiCorleto, applicant.  Public Hearing continued to April 12, 2010 at 7:30 p.m.

4.  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 J. Marsh, seconded by J. Bozek to reject the request to amend the Zoning Regulations with respect to temporary coverings since it is an inappropriate subject for the Zoning Commission to address.  No further discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, T. Kiritsis, J. Bozek  The motion passed unanimously.  5-0-0

5.  Letter dated January 13, 2010 from the Old Lyme Country Club to release the $4,575.00 bond posted for Erosion and Sedimentation Control as per the Certificate of Decision dated February 13, 2008.  No action will be taken until work completed as approved by the Commission.

6.  Proposed 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 respectively.  Public Hearing set for April 12, 2010.

7. Approval of Minutes –

A Motion was made by J. Johnson, seconded by J. Marsh to APPROVE with the correction to specify voting members and members present by adding J. Johnson, correct Chair and Vice Chair and the random number 8 to the following minutes: Minutes of Public Hearing and Regular Meeting of February 8, 2010 and approve the Minutes of the Special Meeting of February 22, 2010, as submitted.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, T. Kiritsis, J. Bozek   In opposition:  None   Abstaining:  None   The motion passed unanimously. 5-0-0

8.  Any new or old business

        Discussion with respect to low impact development
                
9.  Correspondence

10.  Zoning Enforcement

a.      Zoning Enforcement Report
        b.      Site Inspection Report

11. Miscellaneous/Adjourn                                                       

        A Motion was made by J. Johnson, seconded by J. Bozek, to adjourn the March 8, 2010 meeting; the motion passed unanimously and the meeting adjourned at 10:23 p.m.



Jane Cable, Chairman