Old Lyme CT - Zoning Commission Minutes 04/11/2011

Zoning Commission Minutes 04/11/2011

OLD LYME ZONING COMMISSION

REGULAR MEETING

Monday, April 11, 2011

The Old Lyme Zoning Commission held a Regular Meeting on Monday, April 11, 2011, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were: Jane Cable, Chairman, Tom Risom (arrived at 8:00 p.m.), John Johnson, Vice Chairman, Jane Marsh, Secretary, Pat Looney, Ted Kiritsis (Alternate) and Joan Bozek (Alternate).

Chairman Cable called the meeting to order at 7:30 p.m. and seated Alternate Joan Bozek in the absence of Tom Risom. She noted that there are two applications to be added to the agenda.

A motion was made by John Johnson, seconded by Jane Marsh and voted unanimously to amend the agenda to add the following Special Permit Applications:

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.

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.

(Joan Bozek was seated for Tom Risom for this vote).

1. Chairman Cable recessed the Regular Meeting to hold the Public Hearings.

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.

No action taken. The Public Hearing for this item has been continued to the May 9, 2011 Regular Meeting.

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.

A motion was made by Jane Marsh, seconded by Pat Looney to approve the 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, as follows:

Chairman Cable noted that the draft motion that the vegetative buffer be maintained and marked on the landward side; the elevation not exceed 45 feet, with a base elevation of 10’ and the height not to exceed 35 feet; roof ridge elevation to be measured by a license land surveyor after the structure is framed; Easements for driveway and well will be executed and recorded; existing dwelling may be an accessory apartment.

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:

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.
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).
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.
Easements for driveway and well will be executed and recorded forthwith, along with the mylar.
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.

Motion carried, 5:0.

A motion was made by Jane Marsh, seconded by Pat Looney and voted unanimously to approve the Special Permit to allow the existing house at 62 Buttonball Road to be converted and used as a one-bedroom accessory apartment 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 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:

Easements for driveway and well will be executed and recorded forthwith, along with the mylar.
The existing dwelling may be used as an accessory apartment.

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

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.

3. Municipal Coastal Site Plan Review Application for a new dwelling at 12 Buttonball Road, Edmund Freeman and Sandra Downing, applicants.

Edmund Freeman explained that he plans to construct a replica 1900’s colonial on the property. He showed a photo of the exact house he would like to construct, noting that it is assembled in panels and delivered. Ms. Marsh stated read the exhibit list. Ms. Marsh read the referral response from Marcy Balint, in which she asks for a 100 foot voluntary setback. Ms. Marsh stated that Ms. Brown’s letter notes that the property is not in the Gateway Zone.

A motion was made by Tom Risom, seconded by Pat Looney and voted unanimously to approve the Municipal Coastal Site Plan, 12 Buttonball Road, 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;

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.

4. 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.

It was noted that approval was received in 2005 for the pergola but it was not constructed due to finances. Ms. Marsh read the exhibit list for the record. Ms. Barrows stated that the applicant is requesting a waiver of the Special Permit Requirement, Section 13B.2.2.

A Motion was made by John Johnson, seconded by Tom Risom and voted unanimously 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.

5. 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.

Chairman Cable stated that the permit is for the purpose of a liquor license. Ms. Barrows stated that the applicant is requesting a waiver of a traffic impact study. Ms. Woods stated that there is no outdoor seating planned at this time.

A motion was made by Jane Marsh, seconded by Tom Risom and voted unanimously to receive the 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 and to set the Public Hearing for May 9, 2011.

A motion was made by John Johnson, seconded by Tom Risom and voted unanimously 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, noting that this is an existing restaurant and the permit is for the service of liquor.

6. Special Permit Application to permit additions/renovations to the existing dwelling at 2 Sill Lane, James and Hanna Childs, applicants.

James Childs stated that they were hoping to have an exemption from the Public Hearing. He stated that he and his wife are planning a small renovation. Mr. Childs stated that they were not aware, being nowhere near the river, that they would have to go through the Special Permit Process. He noted that there are six or seven acres of land between him and the Lieutenant River.

Chairman Cable stated that because the house is over 4,000 square feet and located in the Gateway Zone, it needs a Public Hearing. Ms. Marsh explained the Public Hearing process to Mr. Childs, noting that the applicants earlier, the Romeo’s, were present this evening for the same type of application.

A motion was made by John Johnson, seconded by Tom Risom and voted unanimously to receive the Special Permit Application to permit additions/renovations to the existing dwelling at 2 Sill Lane, James and Hanna Childs, applicants, and to set the Public Hearing for May 9, 2011.

7. Approval of Minutes – Minutes of Public Hearing and Regular Meeting of March 14, 2011

A motion was made by John Johnson, seconded by Pat Looney and voted to approve the Public Hearing minutes and the Regular Meeting minutes of the March 14, 2011 Regular Meeting and Public Hearing.

8. Any new or old business

Chairman Cable reported that the Open Space Commission is purchasing 81 acres of land for $10,000.00 an acre from Steve Ames and is receiving 32 acres at no charge. She noted that this will have to be approved at Town Meeting.

9. Correspondence

Ms. Cable stated that she has a copy of Representative Reynolds’ Bill, giving Towns more to say when an affordable housing application comes in. She indicated that she would be happy to share it with anyone interested in it.

8. Zoning Enforcement

a. Zoning Enforcement Report

None.

b. Site Inspection Report

None.

9. Miscellaneous/Adjourn

The Meeting adjourned at 8:55 p.m. on a motion by John Johnson; seconded by Pat Looney and voted unanimously.

Respectfully submitted,

Susan J. Bartlett

Recording Secretary