OLD LYME ZONING COMMISSION
PUBLIC HEARING
Monday, July 12, 2010
The Old Lyme Zoning Commission held a Public Hearing on Monday, June 12, 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 (arrived at 7:58 p.m.), Pat Looney, John Johnson, Joan Bozek (Alternate), Beth Sullivan (Alternate) and Ted Kiritsis (Alternate). Also present was Ann Brown, Zoning Enforcement Officer.
Chairman Cable called the Public Hearing to order at 7:33 p.m. She noted again that Ms. Bozek would be seated for Ms. Marsh. Mr. Johnson read the legal notice for all three Public Hearings, as published in the New London Day.
1. Special Permit Application to permit hot dog cart on property at the Citgo Gas Station, 281 Shore Road, Barbara Williams, applicant. UMARS, LLC, property owner.
Mr. Johnson read the list of exhibits for the record. Chairman Bozek questioned whether Ms. Williams had proof of mailing to the abutting property owners. Ms. Johnson indicated that she has a letter in her car and asked for a moment to retrieve the letter. She returned and explained that she didn’t understand the letter and did not notify her abutters. Chairman Cable stated that she would allow the hearing to go forward but it would have to be held open until the abutters are notified and given the chance to appear at a continued hearing. She noted that the Commission will be holding a Special Meeting on July 26 and would put this item on the agenda if the notices went out immediately and cards are returned by that time.
Ms. Williams stated that her intention is to bring her hotdog cart to 281 Shore Road as she did last year. She noted that the cart is a push-cart and is open mid-morning to late afternoon. Ms. Williams stated that she locks the cart and leaves it on the side of the gas station at the end of the day.
Mr. Johnson questioned whether she operated over the 4th of July weekend. Ms. Williams indicated that she did operate mobilely.
The Commission reviewed the site plan. Ms. Bozek questioned whether there are adequate trash receptacles. Ms. Williams replied that she provides her own small trash can at the side of the cart. She noted that she has provided photographs for the Commission.
No one present spoke in favor or against the application. Chairman Cable noted that the Public Hearing will be continued to the July 26 Special Meeting at 7:00 p.m., as long as the notification requirements are met by that time.
A motion was made by John Johnson, seconded by Joan Bozek and voted unanimously to continue the Public Hearing on the application to permit hot dog cart at 281 Shore Road to July 26, 2010 Special Meeting at 7:00 p.m. in the second floor conference room.
Joan Bozek voted in Ms. Marsh’s absence.
2. Special Permit/Coastal Site Plan Application to demolish existing dwelling and construct a new dwelling on property at 3 Sea Lane, Onofrio and Cheryl Patafio, applicants.
Mr. Johnson read the exhibit list for the record. Ms. Marsh arrived at this time (7:58 p.m.), and Ms. Bozek is no longer seated.
Attorney Peter Sibbles was present to represent the applicants. He noted that Cheryl Patafio is the owner of the property. Attorney Sibbles reviewed the site plan, noting the current location and indicating that the lot is 7,133 square feet in size. He noted that the R-10 Zone requires 10,000 square feet. Attorney Sibbles stated that the applicants would like to replace the existing four-bedroom house with a new four-bedroom house that will reduce the ground cover greatly and the total square footage of the house slightly. He noted that the proposed house is superimposed on the site plan. Attorney Sibbles stated that they are applying under Section 9.4 of the Zoning Regulations and went on to read that section aloud. He stated that they are not proposing to create any additional
nonconformities but rather are eliminating nonconformities.
Attorney Sibbles stated that nonconformities are protected by law. He noted too that they are not something that are valued and Zoning Commissions are looking to reduce them. Attorney Sibbles indicated that that is what they are proposing to do. He noted that there are six nonconformities that will be reduced or eliminated. Attorney Sibbles read the statement of use, which states: West setback will be conforming at 12’ rather than the existing 3.5’; front setback is currently 8.5’ and will be a conforming 40’; lot coverage reduced from 31 percent to 20.9 percent (conforming); ground coverage reduced from 31.5 percent to a conforming 21.5 percent; maximum floor area reduced from 31.9 to 31.7 percent; and flood elevation will be met, where it currently is not.
Attorney Sibbles stated that the nonconformities are being greatly reduced. He indicated that they have also submitted a CAM Application and Ms. Balint indicated approval of the fact coverage is being reduced, as that reduces the impact on the coastal resources.
Peter St. George, Architect, indicated that there was considerable flooding last spring at this property. He noted that at that time they indicated the need to meet flood zone requirements and correct the other nonconformities. Mr. St. George explained that they will be bringing the first floor to elevation 12 to meet the Flood Zone requirements. He noted that there will be a crawl space underneath the home. Mr. St. George stated that the house is currently almost 70’ long and will be reduced to 48’ long. He noted that currently the second floor is over a small portion of the house and the proposal is to increase the second floor square footage to make up for the loss taken from reducing the first floor coverage. Mr. St. George stated that the first floor is currently at
elevation 8.8.
Mr. St. George stated that the floor area of the existing house is 2,272 and the proposed is 2,258. Mr. Johnson questioned whether the house is year-round currently. Mr. St. George indicated that it is and will continue to be. He explained that a new septic system will be installed. He noted that they currently have Connecticut Water. Ms. Cable questioned whether it is supplied year round or seasonally. Mr. St. George stated that they are requesting it be changed to year round after the house is completed. Attorney Sibbles stated that he is of the understanding that they are applying to replace the house, regardless of its seasonal or year round status. Ms. Cable stated that it will affect the septic system. Ms. Brown asked Attorney Sibbles if he understands that the
application is for replacement of the house and that its seasonal or year round status is to be determined elsewhere. Attorney Sibbles indicated that he understands that.
Mr. St. George stated Mr. Metcalf expressed concern with discrepancies in the grade shown on the site plan. He indicated that it is not unusual for a surveyor to show minor changes to the grade without using an engineer. Mr. St. George stated that the grade around the perimeter is not changing. He indicated that he would change the plans to address the concerns in the FEMA review letter.
Mr. St. George stated that the existing driveway is gravel and it will remain gravel. He noted that there will be not gutters on the dwelling. Mr. Looney stated that the first floor shows elevation 12’ and the second floor shows 20’6”. He questioned whether there will be 7.5 foot ceilings. Mr. St. George indicated that there would be.
Chairman Cable stated that Tom Metcalf has rarely asked for a Public Hearing to be held open to receive revised plans. Ms. Brown stated that Mr. Metcalf indicated to her that it would be much better for the applicant and the Commission if all the details where shown on the site plan.
Ms. Brown stated that the regulations allow for a 1.5 story home. She noted that the definition states not more than 50 percent of the floor area of the floor below it. Ms. Brown stated that she would like the Commission to consider this in their deliberation and make it an active part of their approval. Ms. Marsh indicated that another nonconformity may be being created by adding square footage to the second floor. Mr. St. George stated that the house appears to be 1.5 stories to anyone walking by the front. He noted that the original house was 1,500 square feet on the first floor and 562 square feet on the second floor.
Frank Barilla, neighbor to the west, stated that he has questions about the septic system. He indicated that the relocation of the septic system closer to the water is a concern to him and others in the neighborhood.
Tom Smith, neighbor, stated that he is concerned about the hedge that borders their properties and would like to see it preserved.
Bill Catfield stated that he is concerned with the septic system. He noted that the flooding occurs from the rear of the property, not the front. Mr. Catfield stated that it has happened twice in the last five years.
The Commission agreed that the Public Hearing should be held open to the August Meeting. The applicant asked to be on the agenda for the Special Meeting on July 26. Chairman Cable indicated that the prior applicant is on the agenda only because her season is ending soon.
A motion was made by Jane Cable, seconded by Joan Bozek and voted unanimously to continue the Public Hearing on the application to demolish existing dwelling and construct a new dwelling on property at 3 Sea Lane to the August 9, 2010 Regular Meeting. (Regular Members seated).
3. Petition to amend the Old Lyme Zoning Regulations, Section 4.2.12 Construction or Enlargement of Certain Buildings Adjoining Coastal Resources and Section 4.3 Tidal Waters Protection, Old Lyme Zoning Commission, applicant.
Ms. Marsh read the exhibit list for the record. Ms. Cable stated that the difficulty was that the regulation did not say “except for properties located in the Conservation Zone.” Ms. Brown explained that right after the title it states “in the conservation zone the 100’ applies and goes on to say outside the conservation zone . . .” She noted that the entire section is then repeated. The Commission agreed that the revision is minor enough in nature that they could act on it tonight. Ms. Brown read the current Section 4.3 to the Commission.
No one present spoke in favor of or against the petition to amend the Zoning Regulations.
A motion was made by John Johnson, seconded by Pat Looney and voted unanimously to close the Public Hearing on the petition to amend the Old Lyme Zoning Regulations, Section 4.2.12 and 4.3. (Regular Members seated)
Chairman Cable adjourned the Public Hearing at 8:47 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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