OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, March 8, 2010
The Old Lyme Zoning Commission held a Regular Meeting on Monday, March 8, 2010, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were Jane Cable, Chairman, Jane Marsh, Secretary, John Johnson, Joan Bozek (alternate) and Ted Kiritsis (alternate). Also present were Eric Knapp, Commission Counsel, and Ann Brown, Zoning Enforcement Officer.
Chairman Cable called the meeting to order at 7:32 p.m. Chairman Cable noted that all five members present this evening would be voting; she explained that in cases where something has been continued from a prior month, Ms. Bozek would not be participating and there would only be four voting members. She immediately recessed the Regular Meeting to conduct the Public Hearing. The Regular Meeting reconvened at 8:38 p.m.
A motion was made by Joan Bozek and seconded by Jane Marsh to move Item 3 up on the agenda.
Mr. Johnson pointed out that the representative for Item 1 is also in the audience. Chairman Cable noted that Item 1 could take some time to discuss.
The motion carried, 4:1, with Mr. Johnson voting against.
1. 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.
Chairman Cable stated that waivers were requested of the need for a dumpster and loading space. Ms. Bozek noted that she was not present for the first public hearing which was incorporated into this record. Both Ms. Cable and Ms. Marsh indicated that they did not believe that would affect her ability to vote on this matter.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to grant the waiver requests for a dumpster and a loading space.
Chairman Cable stated that Ms. Brown has provided a draft motion to approve, including a condition that the landscaping must be evergreen shrubs. Ms. Marsh stated that they should add a condition requiring that Mr. Roberge’s comments regarding the propane tank be adhered to. Mr. Johnson noted that that condition is already in the draft motion.
A motion was made by Jane Marsh, seconded by Ted Kiritsis and voted unanimously 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.”
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to grant the Special Permit Application to convert to year round use and install 159 seats within the existing Church structure on property located at 287 Shore Road, Shoreline Church, Inc., applicant, 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 the 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.
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.
The Commission took a five minute recess at this time.
2. 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.
Chairman Cable noted that Ms. Bozek would not be seated for this item; the voting members are Cable, Marsh, Johnson and Kiritsis.
Chairman Cable stated that this is a Special Permit/Coastal Site Plan Application for steps accessing on the east and west sides and a terrace. Ms. Marsh stated that at the last meeting the Commission was on the verge of voting but decided they needed time to draft a proper motion, which staff has done based on the Commission’s comments.
Chairman Cable stated that she recalls a great deal of discussion about the patio being a unique permanent structure at the beach in Old Lyme. She indicated that Ms. Marsh expressed concern about the width of the landing at the top of the stairs. Ms. Marsh stated that the Commission made the determination that the project was going to serve as a seawall, as an obstruction to the beach, and even though the homeowner wanted this to make use of the front of his house, it is not possible due to the proximity of the high water line. She noted that the location of the high water line varies, which made the Office of Long Island Sound Programs, for the first time, take a pretty strong stance against the project.
Chairman Cable stated that the structure she is most concerned about is the permanent patio on the beach. She indicated that she would be okay with the stair access, particularly if there was free flow water and sand underneath. Mr. Johnson stated that he is opposed to putting a structure on the sand within what he considers the high tide line. He stated that he thinks that the applicant could come back to the Commission with an application to put a set of stairs out to the beach. Chairman Cable stated that they could approve part of the application and deny part.
Mr. Kiritsis stated that he does not believe it should be denied in part and approved in part; he would like to see a new application. Mr. Johnson agreed. He indicated that the structure will cause wash-away on the beach. Ms. Marsh agreed; she noted that any type of obstruction, even a big rock, will create movement around it.
Chairman Cable asked Commission members to read alternative on Page 2, numbers 12, 13 and 14 of the draft motion. She noted that this is where a few alternative ideas/plans are listed. Mr. Johnson stated that listing alternatives is inappropriate and sets a bad precedent.
Ms. Marsh read number 18 of the draft motion. Ms. Brown explained that the Regulations allow the Commission to approve an addition not intended for human occupancy within 50’ of the high tide line. She noted that under the definition of human occupancy the structure has to have a roof and this project does not. Ms. Brown stated that she would like the Commission to consider whether this is an addition because it is attached or whether it would have to be a totally separate structure. Mr. Kiritsis stated that this project is attached an integrated into the structure. Ms. Brown stated that there is a prohibition to having a house within 50’ but an accessory structure can be allowed within 50’. Ms. Brown read the regulation to the Commission. Chairman Cable stated that an
accessory structure is not part of the main building. Ms. Brown pointed out that there is an opportunity to go to the Zoning Board of Appeals. The Commission discussed what other things might need to be within 50’ of the high tide line. Ms. Marsh stated that docks and boathouses would.
Mr. Flower began speaking and Ms. Marsh stated that they are discussing the application and the record has been closed.
Ms. Brown stated everyone seems to agree that Section 4.3 is less than clear. Ms. Marsh suggested finishing their deliberations for 10 West End Drive.
Reading from the proposed motion, Ms. Marsh indicated she would use items 1 through 9. She asked the Commission members about Item 10. Mr. Johnson stated that he does not think they should tell the applicant what they will or will not approve in the future. The Commission members eliminated Items 11 through 14 and Item 18.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously,
A motion was made by Jane Marsh, seconded by John Johnson and voted to deny the Special Permit/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:
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;
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. Motion to deny carried 3:1, with Jane Cable voting against.
Mr. Flower stated that he would be interested in attending any meeting where they discuss this Regulation. He indicated that the Commission looked informally at his application and stated that it was something they would consider.
3. 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.
A motion was made by Jane Marsh, seconded by Joan Bozek and voted unanimously 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.
4. 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.
Ms. Brown stated that there is still work to be done. Mr. Johnson stated that there is a lot of work to be corrected. Ms. Brown agreed. She noted that Mr. Metcalf determined several deficiencies during his inspection. Mr. Johnson stated that he very much appreciates Mr. Metcalf’s work; he questioned what precipitated him writing the letter. Ms. Brown stated that she asked and he indicated that it was just something that he had been meaning to do for a while, to thank the commission for the work they provide him.
5. Petition to Amend the Old Lyme Zoning Regulations to add “Alternative Energy Systems, subject to 11.13” in Sections 5.1.3, 5.2.3 and 5.12.3, Zoning Districts RU-40, RU-80 and LI-80 respectively.
Public Hearing will be held at the April 12, 2010 Regular Meeting.
6. Any new or old business
Mr. Kiritsis questioned why Zoning required a permit for a roof replacement. Ms. Brown stated that in a flood zone she needs to keep track of the dollar amounts for FEMA and she noted that it is also good to keep an eye on things to make sure that dormers aren’t constructed while re-roofing, etc.
Ms. Cable stated that in reviewing the proposed budget she found $5,000.00 to get professional work on low impact development. She stated that $5,000.00 will not get them very far. Mr. Kiritsis stated that in Rhode Island it is 250.00 per person. Ms. Cable stated that they are trying to find it cheaper for low-impact development only. She indicated that she would like to move forward with this.
7. Approval of Minutes
A Motion was made by John Johnson, seconded by Jane Marsh and voted unanimously to approve the Minutes of the Public Hearing and Regular Meeting of February 8, 2010 with the correction to specify voting members and members present by adding John Johnson, correcting Chair and Vice Chair and the random number 8, and to approve the Minutes of the Special Meeting of February 22, 2010, as submitted..
9. Correspondence
None.
10. Zoning Enforcement
a. Zoning Enforcement Report
No report.
b. Site Inspection Report
No report.
11. Miscellaneous/Adjourn
The Meeting adjourned at 10:23 p.m. on a motion by John Johnson; seconded by Joan Bozek and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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