OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, November 8, 2010
The Old Lyme Zoning Commission held a Regular Meeting on Monday, November 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, Pat Looney and John Johnson. Also present was Ann Brown, Zoning Enforcement Officer.
Chairman Cable called the meeting to order at 7:40 p.m. She immediately recessed the Regular Meeting to conduct the Public Hearing. The Regular Meeting reconvened at 8:00 p.m.
1. Special Permit Application to permit demolition and reconstruction of dwelling on property located at 42 Breen Avenue, Nicholas DiCorleto, Jr., applicant.
The Public Hearing for this application has been continued to the December 2010 Regular Meeting.
2. Special Permit Application to remodel an three bedroom residence, add new master bedroom and renovate bath and install new 1,000 gallon septic tank, 16 Washington Avenue, John and Joanna Carmelli, applicants.
The Public Hearing for this application has been continued to the December 2010 Regular Meeting.
3. 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 taken. Ms. Brown stated that that they are not ready to have the bond released.
A motion was made by John Johnson, seconded by Pat Looney and voted unanimously to approve the Regular and Public Hearing Minutes of September 13, 2010 as amended.
Mr. Johnson questioned why the Special Meeting Minutes of October 18, 2010 indicated that they are corrected when in fact the Commission has not seen or acted upon them. Ms. Brown explained that Ms. Bartlett does the Regular Meeting minutes and Ms. Barrows does the Special Meetings and all records of vote. She noted that Ms. Barrows had submitted these documents to the Clerk and then realized she needed to make a correction, which is why the document is marked corrected. Ms. Bozek stated that the confusion is that the minutes and record of vote appear to be combined. Ms. Brown agreed. Ms. Bozek suggested that the standard practice should be maintained and the two documents remain separate to alleviate confusion.
A motion was made by John Johnson and seconded by Tom Risom to approve the Special Minutes of November 3, 2010. It was pointed out that there is the same issue with this Special Meeting where the minutes and record of vote are one document, although not marked corrected. Mr. Johnson withdrew his motion and Mr. Risom withdrew his second. It was requested that these minutes/record of vote be two different documents.
Approval of the October 13, 2010 Regular Meeting and Public Hearing Minutes was tabled to the December Regular Meeting.
5. 2011 Meeting Schedule
Chairman Cable pointed out that the only meeting not on a Monday is the October Regular Meeting because of Columbus Day.
A Motion was made by Jane Marsh, seconded by Tom Risom and voted unanimously to approve the 2011 Regular Meeting Schedule.
6. Elimination of Seasonal Housing
Mr. Johnson stated that he believes the Town will be severely impacted with litigation due to the seasonal issue. He indicated that he is in favor of eliminating it. Mr. Looney stated that he agrees it should be eliminated from the Zoning Regulations. He indicated that he believes that the Town attorneys could defend the seasonal regulations, but it will all boil down to the Health Department anyway.
Mr. Johnson stated that people impacted by the seasonal designation have been deprived of their rights as a property owner. He indicated that he feels it is discrimination and he is tired of it. Ms. Cable stated that she is sorry they didn't explore an explanatory judgment. She indicated that she believes going through with litigation to hear a judge say the Town is wrong is an expensive way to determine the Town is wrong and there likely could be damages.
Mr. Looney questioned whether they could put this to vote by the Public. Chairman Cable questioned what would be gained by doing that. Ms. Bozek pointed out that if the Regulation were to be changed, there would have to be Public comment. Chairman Cable agreed.
Ms. Marsh pointed out that seasonal housing has been in the Plan of Development for over 30 years and the Zoning Commission is supposed to support the Plan of Development. She noted that the concerns she hears is the threat of litigation and it is not something the Commission should do without input from the Planning Commission and the townspeople. Ms. Marsh stated that eliminating seasonal housing will change the Town. She reminded the Commission that the Zoning Commission hears land use issues on many basis, including the environment and traffic. She indicated that the threat of litigation is not usually what they use to evaluate something. Ms. Marsh stated that making hard decisions is what they are elected to do.
Chairman Cable stated that if the Zoning requirement of seasonal use was removed, there will still be other barriers such as Health Department issues.
Mr. Looney stated that there will be other impacts to the Town, such as a few more children in the schools.
Ms. Brown stated that approximately 300 letters were sent that agree that the properties are year round. She noted that the applications are being considered in the order they were received. Mr. Risom questioned whether any affirmative letters were sent that were only affirmative because of the list. Ms. Brown replied that many of the 300 sent would be in that category.
Mr. Looney asked how many R-10 properties there are. Ms. Brown replied that there are roughly 1,800. Mr. Looney questioned how many more homes would be given year round use if the seasonal regulations were dropped. Ms. Brown declined to guess.
Ms. Bozek stated that the seasonal regulations exist because the Zoning Commission has the right to regulate use. She indicated that it concerns her to hear them say
they want to back away from something because they are concerned about a lawsuit. She indicated that the Zoning Commission has been given the authority to regulate and should not walk away saying that there are other agencies that can regulate. Ms. Bozek stated that not having seasonal properties will effect and change the Town. She indicated that the character of the Town will change.
Mr. Looney stated that he feels the population in the beach areas might drop because homeowners will be less likely to have weekly rentals to large groups. Ms. Marsh stated that living in the beach, she can say it pretty much empties out in the winter. She indicated that a seasonal community gives a great experience that cannot be gained in a year round community. Ms. Marsh stated that she is nostalgic for what is and has been. She noted that the homes and roads are not built for year round use. She pointed out that most of the homes are in the flood zone.
Mr. Johnson stated that he believes the Town will get hammered if they stand before a Judge on this matter. Ms. Marsh disagreed. Mr. Johnson agreed that it will change the Town of Old Lyme. Ms. Marsh stated that if the Federal Judge rules that the Town cannot regulate seasonal use, it will be a decision that effects the entire country. She noted that otherwise, these areas aren't even suitable for development.
Mr. Johnson stated that he will draft something to bring before the Commission next month.
Ms. Marsh stated that she thinks that the Planning Commission should be contacted before something like this is done. Ms. Bozek suggested polling the Planning Commission, DEP and other agencies. She stated that if the Zoning Commission is considering this type of change to the Town, there should be a survey of the experts who have guided them over the years.
Ms. Cable stated that there are a number of Towns with this same issue and she cannot understand why Old Saybrook hasn't gotten into trouble in doing such. Mr. Risom stated that in Old Saybrook it wasn't done through Zoning.
Mr. Risom stated that when the Town was laid out the R-10 Zone was laid out the way it was, it was because it fit the use at the time. He indicated that if the use changes, then the underlying zone would need to change also. Ms. Brown stated that currently any newly created lot needs to be 30,000 square feet in the R-10 Zone.
7. Any new or old business
None.
8. Correspondence
None.
9. Zoning Enforcement
a. Zoning Enforcement Report
None.
Ms. Brown stated that the ZBA was sued twice last month and one was a C&D she had issued to Lenny's that was appealed. She noted that the C&D was for many different things and the Zoning Board of Appeals upheld her C&D.
10. Miscellaneous/Adjourn
The Meeting adjourned at 9:03 p.m. on a motion by Jane Marsh; seconded by Pat Looney and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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