RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – APRIL 11, 2011, 7:30 P.M.
Auditorium of Memorial Town Hall
52 Lyme Street, Old Lyme, CT
1. Meeting convened at 7:30 p.m.; those present and voting were the following members: Jane Cable, Chairman, Jane Marsh, Secretary, John Johnson, Vice Chairman, Tom Risom (Regular Member) arrived at 8:00 p.m. and Pat Looney (Regular Member)
Also present: Ted Kiritsis (alternate), Joan Bozek (alternate) and Kim Barrows, Zoning Assistant
The Chairman stated that there were two items to be added to the agenda for the meeting tonight.
A Motion to amend the agenda to add the following Special Permit Applications was made by J. Johnson, seconded by J. Marsh:
6. Special Permit Application to permit liquor service and request a waiver of Section 13A.2.11 (traffic impact) of the Zoning Regulations on the property located at 100 Shore Road, Barbara Woods, applicant. Receive application and set a public hearing.
7. Special Permit Application to permit additions/renovations to the existing dwelling at 2 Sill Lane, James and Hanna Childs, applicants. Receive application and set a public hearing.
And renumber remaining items of the agenda. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, J. Bozek (who was temporarily seated for T. Risom). In opposition: None Abstaining: None The motion passed. 5-0-0
PUBLIC HEARING:
1. South Lyme Property Owners Association petition to amend the text of the Zoning Regulations, Section 11.19A.3 (list of South Lyme Property Owners Association) – Approval granted at the March 14, 2011 Meeting, no effective date was set, public hearing called to ratify the March 14, 2011 vote to approve and set an effective date.
The public hearing was held for the limited and sole purpose of setting the effective date for the text change that was approved on March 14, 2011.
A Motion made by J. Johnson, seconded by P. Looney, to close the public hearing and move as follows:
Whereas, the Zoning Commission has received the Petition to Amend the Zoning Regulations filed by the South Lyme Property Owners Association seeking to amend Table 11.19A.3 of the Zoning Regulations.
Whereas, after a public hearing held on March 14, 2011, the Commission unanimously voted to approve the proposed text amendment. The proposed regulation change is consistent with the Plan of Conservation and Development and in harmony with the purposes of the adoption of the Table. Notice of that decision was published in the New London Day on Friday, March 25, 2011. The decision of the Commission lacked an effective date, which is required. In order to remedy this earlier oversight, the Commission has taken the step of bringing this matter back before it for the limited and sole purpose of setting the effective date.
Now therefore, the Commission moves to ratify and affirm its decision of March 14, 2011, approving the application of the South Lyme Property Owners Association for the amendment to Table 11.19A.3 of the Zoning Regulations, and setting an effective date of May 9, 2011.
No discussion and a vote was taken: In favor: J. Cable, J. Marsh, J. Johnson, P. Looney, J. Bozek n opposition: None Abstaining: None The motion passed. 5-0-0
CONTINUED PUBLIC HEARINGS:
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 J. Johnson, seconded by P. Looney to CLOSE the Public Hearing on the application for 62 Buttonball Road, Alex and Patrice Romeo, applicants. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, J. Johnson, J. Bozek Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
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.
A Motion was made by T. Risom, seconded by P. Looney to CONTINUE the Public Hearing to the May 9, 2011 on the Petition to Amend the Zoning Regulations by the Zoning Commission in order to obtain a referral response from the Planning Commission. No discussion and a vote was taken. In favor: J. Cable, T. Risom, J. Marsh, P. Looney, J. Johnson Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
REGULAR MEETING
1. South Lyme Property Owners Association petition to amend the text of the Zoning Regulations, Section 11.19A.3 (list of South Lyme Property Owners Association) – Approval granted at the March 14, 2011 Meeting, the March 14, 2011 vote to approve was ratified and the effective date is May 9, 2011.
2. 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 for Approval made by J. Marsh, seconded by P. Looney as follows:
Whereas, the Zoning Commission has received an application for a Special Permit/Coastal Site Plan approval to permit the construction of a new, four bedroom residence in the Connecticut River Gateway Conservation Zone in excess of 4,000 square feet, and an application for a Special Permit to allow the existing house to be converted and used as a one bedroom accessory apartment, on property located at 62 Button Ball Road, along with a copy of a property survey prepared 2011 with two pictures showing house design, a site plan prepared for Alex & Patrice Romeo 62 Buttonball Road Old Lyme, CT, dated February 8, 2011 prepared by Doane-Collins Engineering Associates, LLC, Civil engineering & Land Surveying, Scale: 1” = 20’. Sheet 1 of 4 depicts Map 8, Lot 7, Sheet 2 of 4 depicts details, Sheet 3
of 4, Soil and Sedimentation and Erosion Control Notes and Details and Sheet 4 of 4 “Showing Relation of Work Site To Entire Lot dated February 8, 2011 revised through March 11, 2011. Main and Upper Floor plans (ver. 5, 2-4-11) prepared by Brom Builders, Inc. 207 West Town Street Norwich CT. All plans revised through 4/11/11. Brom Builders Architectural Drawings for proposed residence for Romeo Residence 62 Buttonball Road Old Lyme, CT 06371, Drawing Nos. A-1 through A-6 dated March 17, 2011 with elevations; Brom Builders , Inc. Architectural Drawings A-1, A-3 and A-7 revised through 4/4/11.
Whereas, the Zoning Commission has held a duly noticed public hearing on March 14, 2011, which was continued to April 11, 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 (residential structure over four thousand (4,000) square feet in total floor area) is permitted by Special Permit under the Old Lyme Zoning Regulations Sections 4.10.12 through Section 4.10.12.4. The Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13A, 13B and Section 4.10.12 through Section 4.10.12.4 of the Regulations, and grants the Special Permits with the following conditions and/or modifications required to be added to the final plan:
1. No further clearing of the 50’ wide vegetative buffer shall take place, the vegetative buffer and any restoration thereof shall be maintained and the landward side of the buffer shall be permanently marked.
2. The elevation of the top of the dwelling structure shall not exceed elevation 45.0 ft. (elevation 10.0 ft. lowest existing elevation +35 ft. maximum building height = elevation 45.0 ft). The vertical datum would be based on NAVD88 Datum as shown/noted on the site plan (reference Bench Mark, nail set in 24” Maple, elevation 16.35 ft. NAVD88 Datum).
3. The applicant is to provide the Zoning Enforcement Officer with the elevation of the roof ridge when framed (prior to completion of the building structure) to verify the building height is in compliance. This should be in the form of an elevation of the ridge (not a measurement dimension from ground level) based on the site topographic datum and performed by a licensed land surveyor. This will identify any potential problems prior to further construction.
4. Easements for driveway and well will be executed and recorded forthwith, along with the mylar.
5. The existing dwelling may be used as an accessory apartment.
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;
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; and
Whereas, the Commission makes the following findings as required by Section 4.10.12.4:
a. The disturbance to existing topographic forms is minimized, and proposed grading and excavation will not result in soil erosion and silting of lower slopes;
b. The proposed development retains or enhances the visual character on the site and the area by utilizing proper structural scale and character, varied architectural treatments and appropriate plant materials to buffer the mass of the building from the Connecticut River or its tributaries within the Conservation Zone;
c. The proposed design preserves or enhances significant natural features and maintains or restores the natural and traditional character of the river scene;
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 an e-mail stating that the project is generally consistent with the policies of the Connecticut Coastal Management Act from the Office of Long Island Sound Programs of the Department of Environmental Protection, after submitting the application materials to them for review. The Commission also determines that the application and plans are consistent with the goals and policies of the Coastal Management Act;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for a Special Permit to permit the construction of a new, four bedroom residence in the Connecticut River Gateway Conservation Zone in excess of 4,000 square feet, and approves the Municipal Coastal Site Plan Review Application, per plans submitted, for property at 62 Button Ball Road Old Lyme, CT, with the conditions specified.
No discussion and a vote was taken: In favor: J. Cable, J. Marsh, J. Johnson, P. Looney, J. Bozek In opposition: None Abstaining: None The motion passed. 5-0-0
A Motion for Approval made by J. Marsh, seconded by P. Looney as follows:
Whereas, the Zoning Commission has received an application for a Special Permit to allow the existing house to be converted and used as a one bedroom accessory apartment, on property located at 62 Button Ball Road, along with a copy of a property survey prepared 2011.
Whereas, the Zoning Commission has held a duly noticed public hearing on March 14, 2011, which was continued to April 11, 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 an accessory apartment is regulated and permitted by Special Permit under the Old Lyme Zoning Regulations Section 7.8.2 through Section 7.8.2.2. The Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13A, 13B and Section 7.8.2 through Section 7.8.2.2 of the Regulations, and grants the Special Permit with the following conditions and/or modifications required to be added to the final plan:
1. Easements for driveway and well will be executed and recorded forthwith, along with the mylar.
2. The existing dwelling may be used as an accessory apartment.
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:
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;
e. 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; 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 an e-mail stating that the project is generally consistent with the policies of the Connecticut Coastal Management Act from the Office of Long Island Sound Programs of the Department of Environmental Protection, after submitting the application materials to them for review. The Commission also determines that the application and plans are consistent with the goals and policies of the Coastal Management Act;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for a Special Permit for an accessory apartment in the existing dwelling at property located at 62 Button Ball Road Old Lyme, CT, with the conditions specified.
No discussion and a vote was taken: In favor: J. Cable, J. Marsh, J. Johnson, P. Looney, J. Bozek In opposition: None Abstaining: None The motion passed. 5-0-0
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 CONTINUED TO MAY 9, 2011
4. Municipal Coastal Site Plan Review Application for a new dwelling at 12 Buttonball Road, Edmund Freeman and Sandra Downing, applicants.
A Motion was made by T. Risom, seconded by P. Looney to approve the following Municipal Coastal Site Plan as follows:
Whereas, the Zoning Commission has received an application for Municipal Coastal Site Plan Review for approval, Plan entitled, “Site Development Plan Showing Portion of Property of Edmund L. Freeman & Sandra J. Downing Buttonball Road Old Lyme, Connecticut”, dated March 3, 2011 with revisions through 3/15/11: Footing Drain;
Whereas, the Zoning Commission heard testimony at its April 11, 2011 Regular Meeting, and the commission has had an opportunity to hear testimony from the applicant; and
Whereas, the proposed use is permitted under the Old Lyme Zoning Regulations with the approval of a Coastal Site Plan, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions in Section 4.2.5 and Section 13A of the Regulations.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13A.3.1, in particular that the proposed use, buildings and other structures and site development are 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;
e. 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; 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, although the Zoning Commission has received comments from the Office of Long Island Sound Programs of the Department of Environmental Protection, after submitting the application materials to them for review, the Commission determines that the application as presented is consistent with the goals and policies of the Coastal Management Act;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval of the application for Municipal Coastal Site Plan Review, Plan entitled, “Site Development Plan Showing Portion of Property of Edmund L. Freeman & Sandra J. Downing Buttonball Road Old Lyme, Connecticut”, dated March 3, 2011 with revisions through 3/15/11: Footing Drain. No further discussion and a vote was taken. In favor: J. Cable, J. Johnson, J. Marsh, T. Risom, P. Looney In opposition: None Abstaining: None The motion carried. 5-0-0
5. Special Permit Application to permit a pool pergola at the Old Lyme Country Club, 40 McCurdy Road and request a waiver of Section 13B.2.2 of the Old Lyme Zoning Regulations.
A Motion was made by J. Johnson, seconded by T. Risom, to waive Section 13B.2.2, Special Permit Requirement; Waiver as follows:
The Zoning Commission finds that the proposed construction of the pergola on the existing Swim Pool Deck constitutes insignificant change to the appearance and intended uses. The existing Swim Pool was approved by the Zoning Commission in June of 2004 with a pergola. The pergola had not been constructed at that time.
There being no further discussion, a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Risom, P. Looney In opposition: None Abstaining: None The motion to waive Section 13B.2.2 has been granted. 5-0-0
6. Special Permit Application to permit liquor service and request a waiver of Section 13A.2.11 (traffic impact) of the Zoning Regulations on the property located at 100 Shore Road, Barbara Woods, applicant. Receive application and set a public hearing.
A Motion was made by J. Marsh, seconded by T. Risom to receive the application and set a Public Hearing for May 9, 2011. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, J. Johnson, T. Risom Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
A Motion was made by J. Johnson, seconded by T. Risom to WAIVE Section 13A.2.11 of the Zoning Regulations pertaining to submitting a Traffic Impact Report for the Special Permit application on property at 100 Shore Road. This is an existing restaurant and the permit is for the serving of liquor. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, J. Johnson, T. Risom Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
7. Special Permit Application to permit additions/renovations to the existing dwelling at 2 Sill Lane, James and Hanna Childs, applicants.
A Motion was made by J. Johnson, seconded by T. Risom to receive the application and set a Public Hearing for May 9, 2011. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, J. Johnson, T. Risom Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
8. Approval of Minutes – Minutes of the Regular Meeting and Public Hearing of March 14, 2011
A Motion was made by J. Johnson, seconded by P. Looney to APPROVE the Regular Meeting and the Public Hearing Minutes for the March 14, 2011 Meeting. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, J. Johnson, T. Risom Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
9. Any new or old business
10. Correspondence
11. Zoning Enforcement
a. Zoning Enforcement Report
b. Site Inspection Report
12. Miscellaneous/Adjournment
A Motion was made by J. Johnson, seconded by P. Looney, to adjourn the April 11, 2011 meeting. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, P. Looney, T. Risom. The motion passed unanimously and the meeting adjourned at 9:00 p.m.
Jane Cable, Chairman
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