OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, January 10, 2011
The Old Lyme Zoning Commission held a Regular Meeting on Monday, January 10, 2011, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were: Jane Cable, Chairman, Tom Risom, Jane Marsh, Secretary and Pat Looney. Also present was Kim Barrows, Zoning Assistant.
Chairman Cable called the meeting to order at 7:32 p.m. She noted that with four members present there was a quorum. She immediately recessed the Regular Meeting to conduct the Public Hearing. Chairman Cable reconvened the Regular Meeting at 8:55 p.m.
1. Special Permit Application to permit demolition and reconstruction of dwelling on property located at 42 Breen Avenue, Nicholas DiCorleto, Jr., applicant.
Tom Risom stated that he would like Tom Metcalf's proposal incorporated into the motion. Mr. Looney questioned whether architectural plans have been submitted. Ms. Barrows noted that one of the conditions of approval in the proposed motion is that the architectural drawings be submitted and approved before the Certificate of Decision is filed on the land records. Chairman Cable stated that she would like to include the requirements set forth at the December Meeting.
A motion was made by Tom Risom, seconded by Pat Looney and voted unanimously as follows:
Whereas, the Zoning Commission has received an application for a Special Permit to remove existing structure and install a suitable house not to exceed one and one-half stories at 42 Breen Avenue, dated 7/27/10, with accompanying transmittal letter, proposed house design and floor plan, a certification of the proposed height of the new house, IWWC permit, and a copy of a Year-Round Use determination which was recorded on 8/26/99. The following plans are attached - “Site Plan dated 2/24/09 revised to 12/10/10, prepared by Buck & Buck, LLC”, “Floor Area Computations, House Sections for Nicholas J. DiCorleto, Jr. 42 Breen Avenue” dated October 5, 2010 and revised to 12/10/10, prepared Buck & Buck, LLC” and “Property Survey dated
December 27, 1999 and revised to 4/11/03 prepared by Angus McDonald Gary Sharpe & Associates, Inc.
Whereas, the Zoning Commission has held a duly noticed public hearing on September 13, 2010, continued to October 13, 2010, November 8, 2010 and further continued to December 13, 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 is permitted by Special Permit under the Old Lyme Zoning Regulations section 9.4, Modification of Non-conformity to Achieve Improvements . The Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13B and Section 9.4 of the Regulations as follows:
1. The proposed construction shall result in a general improvement of the Lot with regard to safe
access and suitable drainage, and in overall compliance with the Zoning Regulations;
2. There is no increase proposed in the Nonconformity of Buildings and other Structures and site improvements; the proposed house is more conforming as to rear setback and other setbacks;
With the following conditions and/or modifications required to be added to the final plan:
1. The existing well shall be shall be sealed;
2. This house is a Year-Round Use Dwelling;
3. That the applicant submit proper house plans to the Zoning Enforcement to confirm that the proposed dwelling is in compliance with all applicable Zoning Regulations prior to recording the Certificate of Decision on the Land Records.
4. Silt fencing be placed along the disturbance limits on the Montano property.
5. The foundation be field staked by a land surveyor prior to construction and an as-built survey of the foundation location be submitted to the Town prior to the construction of the house.
6. The burial of construction debris is not allowed.
7. The proposed front porch shall never become enclosed.
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 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; 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
Now, therefore be it resolved that the Old Lyme Zoning Commission APPROVES the Special Permit to remove existing structure and install a suitable house not to exceed one and one-half stories, and in compliance with the plans submitted, at 42 Breen Avenue Old Lyme, CT, with the modifications and conditions specified.
2. Special Permit Application to permit educational and/or office use (tutoring) on property located at 19 Halls Road, Units 104 & 105, Chauhdry Habib Sultan d/b/a Tutelage, LLC, applicant.
Ms. Marsh asked that the hours of operation, 10:00 a.m. To 8:00 p.m., be added to the approval.
A motion was made by Jane Marsh, seconded by Tom Risom and voted unanimously, as follows:
Whereas, the Zoning Commission has received an application for a Special Permit approval to permit educational and/or office use (tutoring) on the property known as 19 Halls Road, Units 104 & 105 dated December 15, 2010 with Statement of Use, Floor Plan and Mortgage Survey for Amato Properties, LLC, #19 Halls Road (U.S. Route 1) Old Lyme, CT Scale 1” = 40’ Date: 12-07-2001 Revised: 1-02-02.
Whereas, the Zoning Commission has held a duly noticed public hearing on January 10, 2011 and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and from the applicants; and
Whereas, the proposed activity is permitted by Special Permit under the Old Lyme Zoning Regulations Sections 5.10.3, and the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13B and Section 5.10.3 of the Regulations with the following conditions:
- In accordance with the Fire Marshal letter dated January 10, 2011 – a) No more than 24 persons as based upon the available net square footage of the two rental units; b) provide Fire Marshal with an updated floor plan accurately quantifying the proposed occupant load as defined in Section 1004.1.2 of the CT Fire Safety Code.
- The hours of operation will be 10:00 a.m. to 8:00 p.m., six days a week.
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 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; 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
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for a Special Permit to permit educational and/or office use (tutoring) on the property known as 19 Halls Road, Units 104 & 105 which is in accordance with Section 5.10.3 of the Zoning Regulations.
3. Special Permit Application to permit approval of an open-air summer pavilion constructed behind the existing dwelling on property located at 14 Walnut Road, Gregory and Kimberly Massicotte, applicants.
The Commission reviewed the requested waivers.
A motion was made by Tom Risom, seconded by Pat Looney and voted unanimously to grant the following waivers: 13A.2.9 Soil Erosion and Sediment Control Plan; 13A.2.11 Traffic Impact Report; 13A.2.12 Additional Reports; 13A.2.13 Other for 14 Walnut Road, Gregory and Kimberly Massicotte, applicants.
Mr. Looney stated that he would be ready to make a motion to approve the application as it meets all the Zoning Regulations. Chairman Cable questioned whether it meets all the criteria of (a) through (i). Mr. Looney stated that many times people are surprised that things come out so much larger than they thought they would from looking at a record drawing. He noted that all the work was done with permits and he is not sure whether the smoke is a Zoning issues and could go on in the yard regardless of the pavilion. Mr. Looney stated that the smoke is a Health issue.
Ms. Cable stated that she feels there are things that could be done to mitigate the effect on the neighbors. She questioned whether Mr. Looney felt that it did not make economic sense to make them move it 13 feet. Mr. Looney replied that he did not take the economics into consideration at all. He reiterated that it does not violate the Zoning Regulations in its current location.
Ms. Cable stated that this application gives the Zoning Commission the discretion to determine whether this is appropriate in that area. She noted that they can judge the criteria under Section 9.3 and to say it is there and does not violate any Regulations is boot strapping. She indicated that the Commission has to evaluate the criteria.
Mr. Risom stated that he does not believe the 13 feet is going to make a difference. Ms. Marsh stated that she feels it is unfortunate that it has been constructed because she does not like economic waste. She stated that she also would like the Commission to consider some limitations that could be put on the approval that would make the situation better for the neighbor. Ms. Cable stated that putting a time frame on the lights may alleviate some of the problem, as well as discussing the possible conversion of the wood burning oven to gas.
Mr. Risom suggested increased plantings, but noted that it will also cut down on the air that passes onto the Burlingham's property. He noted that it is the nature of the area; he stated that he lived on Sargent Road for a year. Mr. Risom stated that in the days of Marilyn Ozols the foundation would have been checked and signed off on, which may have averted this problem.
Ms. Marsh stated that there is more use of this pavilion then there would be of a regular deck. She stated that she is not sure if the oven could be vented differently or directed differently. Ms. Cable stated that she would like to take some time and defer the decision to the February 14, 2011 Meeting to have time to think about some possible solutions.
It was suggested to defer for Ms. Brown to have the opportunity to answer a few questions regarding the patio and propane tank.
A motion was made by Pat Looney, seconded by Jane Marsh and voted to defer the decision and further discussion to the February 14, 2011 Regular Meeting. Motion carried 3:1:0, with Tom Risom voting against.
4. Approval of Minutes – Minutes of Public Hearing and Regular Meeting of December 13, 2011
No action taken.
5. Any new or old business
Review of By-Laws
A motion was made by Tom Risom, seconded by Pat Looney and voted unanimously to defer the discussion on the By-Laws to the February 14, 2011 Regular Meeting.
6. Correspondence
7. Zoning Enforcement
a. Zoning Enforcement Report – In the absence of Ann Brown the Zoning Enforcement Officer, Kim Barrows handed out several changes to the Zoning Regulations for the Commission to consider. The Commission did a cursory review, and agreed to discuss further at the February Regular Meeting.
A motion was made by Tom Risom, seconded by Pat Looney and voted unanimously to hold a public hearing on the proposed changes at the March 14, 2011 Regular Meeting and to discuss further at the February 14, 2011 Regular Meeting.
b. Site Inspection Report - None
8. South Lyme Property Owners Association petition to amend the text of the Zoning Regulations, Section 11.19A.4 (list of South Lyme Property Owners Association).
A motion was made by Jane Marsh, seconded by Tom Risom and voted unanimously to receive the petition to amend the regulations, Section 11.19.A.4 and schedule a public hearing for March 14, 2011.
9. Miscellaneous/Adjournment
Tom Risom stated that the lights on the building to the west of 19 Halls Road has lights that shine very bright; a glarely example of what the Commission tries so hard to avoid. He asked that Ms. Brown write a letter to the property owner.
Ms. Cable stated that they need to hold a Special Meeting before the February Regular Meeting. She noted that Tim Griswold would like to attend so they have chosen the date of Monday, January 24, 2010 at 6:00 p.m. The Commission members agreed.
Ms. Cable stated that Beth Sullivan has indicated that she does not want to participate as an alternate to the Zoning Commission any longer. The Board members expressed dismay as they felt she was a good appointment to the Commission and Mr. Looney indicated that he would contact her.
Dimitri Tolchinski stated that he is the Chairman of the Water Pollution Control Authority and will be attending as many Zoning Commission Meetings as he can. He asked that the two Commissions work together.
10. Miscellaneous/Adjourn
The Meeting adjourned at 9:55 p.m. on a motion by Pat Looney; seconded by Jane Cable and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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