OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, February 14, 2011
The Old Lyme Zoning Commission held a Regular Meeting on Monday, February 14, 2011, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were: Jane Cable, Chairman, John Johnson, Jane Marsh, Secretary, Pat Looney, Ted Kiritsis (Alternate) and Joan Bozek (Alternate). Also present was Ann Brown, Zoning Enforcement Officer.
Chairman Cable called the meeting to order at 7:30 p.m. She noted that Alternate Ted Kiritsis would be seated for Tom Risom. Chairman Cable noted that THERE ARE NO PUBLIC HEARINGS THIS EVENING. It was suggested that they move items 1 and 2 up on the agenda to await Tom Risom's arrival.
1. Special Permit/Municipal Coastal Site Plan Application to permit construction of a new 4 bedroom residence in the Gateway Zone in excess of 4,000 square feet; and a Special Permit Application for the existing house to be converted and used as a one bedroom accessory apartment on property located at 62 Buttonball Road, Alex and Patrice Romeo, applicants.
A motion was made by Jane Marsh, seconded by Pat Looney and voted unanimously to receive the Special Permit/Municipal Coastal Site Plan Application for 62 Buttonball Road, Alex and Patrice Romeo and schedule a public hearing for March 14, 2011.
2. Town of Old Lyme Petition to Amend the Zoning Regulations: Definition Section 3.72 Floor Area; Section 8.1.1 Measurement of Total Floor Area; New Section 9.3.1a Nonconformity of number of Stories; plus other miscellaneous “housekeeping” changes as noted in the Petition on file in the Land Use office. Public Hearing scheduled for March 14, 2011
Ann Brown stated that they received comments back from Attorney Branse which the Commission members have received. She indicated that they need to come up with final text this evening. Ms. Brown stated that the Planning Commission will be holding a Special Meeting prior to the Public Hearing on this item and at that time they will make a recommendation on the Zoning amendments.
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.
Chairman Cable noted that the voting members for this application would be Jane Marsh, Jane Cable, and Pat Looney.
Chairman Cable stated that her notes show that there was objections from the immediate neighbors, the Burlinghams. She indicated that they tabled their decision until this evening in order to come up with conditions that might lessen the effect of the pavilion on the neighbors.
Ms. Marsh stated that she would like to be sure that the pavilion does not impact the Burlinghams. Ms. Cable suggested requiring that the chimney height be raised so that the smoke does not go directly to the neighbors. Mr. Looney stated that increasing the height of the chimney will help, but he can't say that it will be the answer. He noted that on a heavy, overcast day the smoke will go directly to the ground.
Chairman Cable pointed out that there is a planting of trees along the border and the Commission could specify that it be maintained and trees be replaced if they die. She noted that this would also reduce light. She also noted that the applicants would be happy to remove the light on the back of their house.
Ms. Marsh stated that she thinks the chimney should be as high as the chimney on the house. Mr. Looney indicated that he is not going to make a recommendation on the chimney height. He noted that building code requires that the chimney be 2 feet higher than anything within 10 feet of it.
Ms. Cable stated that the Commission is not warrantying their conditions of approval, meaning they are not guaranteeing that they will work. She indicated that they are trying to remedy the situation for the Burlinghams and if it does not make things better, they have other avenues to get remedy. Ms. Marsh suggested placing a 6 foot insert into the chimney.
Ms. Bozek pointed out that the Commission does not regulate chimneys. Ms. Marsh agreed, and noted that they are trying to lessen its nuisance effect on the neighboring property.
Ms. Cable suggested the following conditions be included as part of approval in addition to those already on the draft motion: Add six (6) feet to the height of the existing chimney to dissipate smoke; Maintain hot (non-smoldering) fires of seasoned wood in the fireplace and wood-fired oven; The arborvitae trees along the property line between 14 and 16 Walnut shall be added to and continually maintained to provide screening between the properties; Remove the spotlight from the rear of the house; Place solid screen around gas tank; No lights to be installed on the exterior of the pavilion along the side next to the Burlinghams.
A motion was made by Jane Marsh, seconded by Pat Looney and voted unanimously to approve the 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, as follows:
Whereas, the Zoning Commission has received an application for a Special Permit to permit approval of an open-air summer pavilion constructed behind the existing dwelling at 14 Walnut Road, dated December 6, 2010, with accompanying transmittal letter, statement of use, “Record Drawing prepared for Gregory & Kimberly E. Massicotte, 14 Walnut Road, Point ‘O’ Woods – Old Lyme, Connecticut” prepared by Tarbell, Heintz & Assoc., Inc. dated June 26, 2009 and an Architectural Drawing entitled “Plan Pavilion” dated 2/7/09.
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 applicant; and
Whereas, the Zoning Commission at its January 10, 2011 meeting made a motion 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.
Whereas, the proposed activity is permitted by Special Permit under the Old Lyme Zoning Regulations section 9.1.3.2, Exceptions to General Rule by Special Permit by the Commission. The Commission finds that the applicant has sufficient evidence to demonstrate compliance with the standards of Sections 13B and Section 9.1.3.2 of the Regulations as written in the Zoning Regulations and grants with the following conditions:
1. There shall be no exterior lighting on the structure.
2. Any interior lighting shall be extinguished after 11:00 p.m.
3. Work on the structure done while Cease and Desist Issued will need proper permitting and inspections, i.e. propane tanks, roofing, etc.
4. The arborvitae trees along the property line between 14 and 16 Walnut shall be added to and continually maintained to provide screening between the properties.
5. Add six (6) feet to the height of the existing chimney to dissipate smoke.
6. Maintain hot (non-smoldering) fires of seasoned wood in the fireplace and wood-fired oven.
7. Remove the spotlight from the rear of the house.
8. Place solid screen around gas tank.
9. No lights to be installed on the exterior of the pavilion along the side next to the Burlinghams.
Whereas, the Commission finds that the applicant 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 for an open-air summer pavilion constructed behind the existing dwelling at 14 Walnut Road.
3. Town of Old Lyme Petition to Amend the Zoning Regulations: Definition Section 3.72 Floor Area; Section 8.1.1 Measurement of Total Floor Area; New Section 9.3.1a Nonconformity of number of Stories; plus other miscellaneous “housekeeping” changes as noted in the Petition on file in the Land Use office. Public Hearing scheduled for March 14, 2011
Ms. Brown noted that she precipitated these proposed changes to the Regulations. She noted that some are clarifications, some are typographical errors, and some are omissions.
The Commission discussed the proposed Amendments and the comments provided by Attorney Branse.
The Commission agreed to hold the Public Hearing for these Zoning Amendments on March 14, 2011, with the exception of Section 9.3.1.
4. 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). Public Hearing scheduled for March 14, 2011.
This Public Hearing is set for the March 14, 2011 Regular Meeting.
Ms. Brown explained that a new list of South Lyme Property Owners has been proposed and will be presented by Ken Slater. She noted that she has asked for a comparison list that shows the difference between the two lists.
5. Approval of Minutes – Minutes of Public Hearing and Regular Meeting of December 13, 2010; Minutes of Public Hearing and Regular Meeting of January 10, 2011; Minutes of Special Meeting January 24, 2011.
A motion was made by John Johnson, seconded by Pat Looney and voted unanimously to approve the Public Hearing minutes and the Regular meeting minutes for the December 13, 2010 Meeting, as submitted.
A motion was made by John Johnson, seconded by Pat Looney and voted unanimously to approve the Minutes of the Special Meeting of January 24, 2011, as submitted.
6. Any new or old business
a. General discussion re Mr. Chontos, property located at 36 Neck Road and a proposal to build a “boathouse” and the definition of.
Attorney Mike Cronin was present, along with Joe Chontos and Charlie Mueller, architect. He explained that he is looking for an interpretation of the Regulations. Attorney Cronin explained the property is located at 38 Neck Road, just north of the marina. He noted that the residence is across the street and overlooks this parcel.
Attorney Cronin stated that the parcel goes back to 1860 and was associated with a farm. He noted that the parcel is located in a WF-20 zone and is 13,000 square feet. Attorney Cronin stated that there is an outstanding approved permit to build a dock on the property and he has super-imposed the dock on the site plan. He noted that the applicant would like to construct a boathouse on this parcel so that they can use the dock without going back to the house. Attorney Cronin stated that Section 5.9.2 states that a Marine Facility is allowed, which is defined as a dock. He stated that boathouse is allowed by Special Exception but a lot variance would be required because it is less
than 20,000 square feet. He noted that the property also contains both tidal and inland wetlands. Attorney Cronin stated that they would also need a CAM approval. He indicated that Section 4.9.4 states that an accessory use to a permitted use is a private boathouse or dock, subject to 4.3. Attorney Cronin stated that Section 4.3 refers to tidal river protection other then Connecticut River and later states, see Section 4.2 and 4.10.3 for the setback from the Connecticut River or any of its tributaries. He indicated that 4.10.3 lists the setback as 100' from the high tide line; Section 4.3 states 50'. Attorney Cronin stated that 4.10.3 allows piers, docks and boathouses less than 50' by Special Permit because of their necessity in being near the water.
Attorney Cronin stated that he believes that Section 4.10.3 should be applied.
He stated that the next question is what is a boat house. Mr. Looney stated that the plan shows a heated living area. Mr. Chontos stated that the first level is an unfinished basement for storage and small boats such as kayaks and canoes. He noted that the main level would have a bathroom, changing area and a gathering/recreational space. He noted that there is an attic for dry storage. Mr. Chontos stated that they will be asking for an encroachment permit to go back under the road to hook up to his existing well or another new well on his property. Ms. Cable stated that the building shows water, heat, electricity and a septic system. Ms. Marsh reiterated that the applicant is stating that the
boathouse is an accessory structure to the dock. Ms. Brown stated that in the Waterfront District that would be accurate. Ms. Marsh stated that it is a residential dock and the Waterfront District is a business district. She noted that it will not be a marine business.
Ms. Marsh stated that the boathouse is intended for the residence. She noted that a Marine Facility is a business. Ms. Marsh stated that she could consider accessory to the residence if it is one lot that is bisected by the road. Mr. Chontos stated that he has no desire to have the properties separate. He indicated that looking at the uses in 5.9, there are some that are some such as Club, that speaks fairly well to the way he would like to use the property. He stated that there are uses in the WF Zone that speak closely to the way he would like to use the property. Attorney Cronin stated that they would like to present it as an accessory use to a dock which is permitted. He indicated that the intent is not to have a public Club with
a membership list. Ms. Marsh stated that she thinks the two lots should be merged.
Attorney Cronin stated that he is looking for clarification from the Commission. Mr. Looney stated that it appears that the second story deck is in the setback. He questioned what variances would be sought. Ms. Brown stated that a variance is needed for lot area. She noted that they would not need a lot area variance if the two lots were merged.
Ms. Marsh stated that she does not like the boathouse being considered accessory to a residential dock. Mr. Looney stated that it comes down to the definition of a marina and a marina is a business.
The Commission agreed that the applicant could come to the Commission with an application that includes both lots, asking for a boathouse accessory to the residence. Mr. Chontos questioned how the Commission felt about the deck. Mr. Johnson noted that the deck in the setback will have to go to Zoning Board of Appeals.
b. Preliminary discussion with Bob Doane for multi-family apartments at 77 Lyme Street, the 39 acre parcel located across the street from The Lyme Art Academy.
Mr. Resnikof was as present representing a group of developers that have made a deal with the Lyme Academy of Fine Arts to develop apartments at 77 Lyme Street. He indicated that the apartments will be for students at the Lyme Art Academy, but they will not be dorms. Mr. Bresnekoff stated that they would like to begin the project by constructing two buildings, each with six apartments. He noted if they do well, they will construct additional buildings. Mr. Resnikof noted that there is no work in the wetlands and they do not need any variances.
Bob Doane, engineer and land surveyor stated that they are proposing to divide the property into three sections. He noted that the section Mr. Resnikof is purchasing is a little over 12 acres (Lot #2 on the site plan). He noted that five acres will of the 12.5 will be deeded open space. Mr. Doane stated that they are proposing 24 apartments in four separate buildings. He noted that they are placed on the lot meeting all zoning regulations.
Mr. Doane stated that in order to meet the 100' wetland setback the buildings would have to be pushed nearer to the school. He noted that the Zoning Regulations require multifamily housing 100' setback from adjoining property, but the Commission has the right to reduce this to 75'. He indicated that they would be seeking relief and asking for 75' setback to the school property. Mr. Doane stated that the road will also be 10' too close to the school property so they will be asking for 10' relief on that, which the Commission is able to do.
Mr. Resnikof stated that he will be purchasing the property from the Lyme Academy. He indicated that Dr. Miller has reviewed the plan and indicates his approval, but requesting that the berm and plantings be installed. He noted that Dr. Miller also expressed interest in the street lighting which they discussed.
Mr. Resnikof stated that the septic systems will be located on sight; he noted that there will be two systems. Mr. Johnson questioned if they would be visible from the street. Mr. Resnikof stated that he did not think so as the first building is 1,000 feet back and there is a big tree line. He explained their plans for a cross walk. Mr. Resnikof stated that they would like to deliver units for August of 2012; they would like to tell incoming students that they will have housing next
year.
Mrs. Brown stated that one of the proposed Amendments to the Regulations is to allow multifamily housing in the multifamily zone. This Amendment would have to be approved and effective before they can apply.
c. Review of By-Laws
The Commission members noted that they reviewed the By-Laws.
A motion was made by Jane Marsh, seconded by Pat Looney and voted unanimously to continue with the current By-Laws as written.
7. Correspondence
Mrs. Brown noted that she received a letter from the DEP Flood Plain Coordinator. She noted that the new flood maps will be adopted on July 18, 2011. Mrs. Brown stated that the Zoning Commission is obligated to approve and adopt them also.
Mrs. Brown stated that the Flood Plain Coordinator has reviewed the Zoning Regulations and made all necessary modifications. She noted that she has reviewed the proposed changes and will forward them on to Mark. She explained that they should plan to hold a Public Hearing in June with a July effective dates.
Mr. Johnson pointed out that one of the changes is to allow mobile home parks. Mrs. Brown suggested that allowing them may be required but she will ask Attorney Branse.
8. Zoning Enforcement
a. Zoning Enforcement Report
None.
Mrs. Brown stated that most of the heavy equipment has been removed from Anton's property. She noted that they have indicated that they will apply for a permit for the structure.
b. Site Inspection Report
None.
9. Miscellaneous/Adjourn
The Meeting adjourned at 10:00 p.m. on a motion by Jane Marsh; seconded by Pat Looney and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
| 
