OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, September 12, 2011
The Old Lyme Zoning Commission held a Public Hearing on Monday, September 12, 2011, at 7:30 p.m. in the Auditorium of Old Lyme Middle School. Those present and voting were: Jane Cable, Chairman, Jane Marsh, Secretary, John Johnson, Vice Chairman, Tom Risom (Regular Member) and Pat Looney (Regular Member). Also present were Joan Bozek (Alternate), Ted Kiritsis (Alternate) and Ann Brown, Zoning Enforcement Officer.
Chairman Cable called the meeting to order at 7:32 p.m. She noted that the Fire Marshal has indicated that the limit for the auditorium is 315 people and there can be no standing. Chairman Cable immediately recessed the Regular Meeting to conduct the Public Hearing. She reconvened the Regular Meeting at 8:56 p.m.
A Motion was made by Tom Risom, seconded by John Johnson and voted unanimously to move item number 6 on the agenda to item number 1 and then renumber.
1. Petition to Amend the Zoning Regulations, Section 2, Area/Use Classification; Section 3, Definitions; Section 5, Use Regulations; Section 9, Non-Conforming Lots, Uses, Buildings and/or Structures; Section 11, Special Regulations (all pertaining to seasonal/year-round use) and Section 7, Accessory Uses, Buildings and Structures (pertaining to reduction in setbacks for sheds), Town of Old Lyme, applicant.
Mr. Looney stated that he has been on the Zoning Commission for five years. He indicated that the topic of seasonal use has come up over and over again during this time. Mr. Looney stated that he has felt that the Zoning Commission should lessen the seasonal regulations. He indicated that he sees the outcry from a large group of people and has researched their concerns over the years. Mr. Looney stated that he does not expect a large turnaround of homes but rather minor changes over a number of years. He indicated that he has never run into anyone against eliminating the seasonal regulations. Mr. Looney stated that this topic needs to be resolved once and for all.
Mr. Looney stated that he also feels that the setback for sheds should be amended. He indicated that he would like to add a small change, allowing a 200 square foot shed as a 100 square foot shed is not very useful. He suggested that they should also add a line that requires that the shed be no less than the distance the house is to the street. Attorney Knapp stated that because they would be increasing the coverage allowed in the setback, this amendment would have to be re-advertised. Attorney Knapp indicated that the Commission could break out the changes to Section 7 and only deal with the Seasonal amendment this evening.
A motion was made by Pat Looney, seconded by Tom Risom and voted unanimously to separate Section 7, Accessory Uses, Buildings and Structures from the proposed Petition to Amend the Zoning Regulations.
Mr. Risom stated that he has been on the Zoning Commission for twenty five years and the Water Pollution Control Authority from its inception in the early 1990’s until just last year. He stated that they have looked at a lot of issues related to seasonal use over the years. Mr. Risom stated that Old Saybrook has removed seasonal use from their Zoning Regulations. He indicated that his concern is infrastructure. He indicated that he is worried about the addition of more systems that will take water to New London. Mr. Risom stated that he is worried about water supply. He indicated that many homes at the beach cannot meet the Health Regulations and the WPCA is now looking at neighborhood systems.
Mr. Risom stated that the transformers are overheating so there is a power problem. He noted that the private roads are not sufficient for fire trucks. Mr. Risom stated that he is concerned that the systems that support the beach areas are not sufficient to support a year round neighborhood. He indicated that handling this through the Building and Health Departments is what the Town should do now. He indicated that they should try to avoid litigation and trust that the Health and Building departments will require adequate improvements to keep the beach areas safe.
Ms. Marsh stated that she has served the Town on the Zoning Commission and the Planning Commission over the years. She indicated that she knows how each of the Commission members feels on this subject as she has had the opportunity to discuss it with each of them over the years. Ms. Marsh stated that she lives in a beach community and appreciates all the things that go along with it.
Ms. Marsh pointed out that the beach areas must be held to the same Regulations of every other property owner in the Town. She indicated that she feels as though this change would make the Zoning Commission obsolete and everything would be decided by water and sewer. Ms. Marsh stated that the beach areas were developed many years before the awareness of the effect it would have on the environment. She noted that these cottages were truly cottages early on and provided an inexpensive summer getaway. Ms. Marsh noted that the beach areas have changed greatly in her lifetime. She noted that the problem is that the land underneath these cottages is still the same. Ms. Marsh stated that she agrees with the Planning Commission on this matter and she feels the Town is not equipped to handle all
these homes being converted to year round. Ms. Marsh stated that the problems that will develop will cost the Town much more than the current litigation. Ms. Marsh stated that she believes Zoning has a place and as a land use regulator she cannot vote in favor of this.
Mr. Johnson stated that he has been a Zoning Commission member in Old Lyme and Darien for 33 years. He indicated he came to Old Lyme in 1993 and he has been in favor of abolishing the seasonal designation since that time. Mr. Johnson stated that he feels it is time for healing in Town, as the three Selectmen stated. He indicated that the Building and Health Officials will make the right decisions for the Town.
Ms. Cable stated that she is in favor of the Regulation change as she does not feel that the Zoning Commission should be in the business of the other codes such as Health, Building and Safety. She indicated that the current structure creates two classes of residents and citizens in Old Lyme and she is uncomfortable with that.
A motion was made by John Johnson, seconded by Pat Looney and voted unanimously to move the question.
A motion for approval was made by John Johnson, seconded by Tom Risom as follows:
Whereas, the Zoning Commission has submitted an application to modify the Old Lyme Zoning Regulations with respect to Section 2, Area/Use Classification; Section 3, Definitions; Section 5, Use Regulations; Section 9, Non-Conforming Lots, Uses, Buildings and/or Structures and Section 11, Special Regulations (all pertaining to seasonal/year-round use), Town of Old Lyme, applicant;
Whereas, the Zoning Commission has held a duly noticed public hearing on September 12, 2011, and the Commission has had an opportunity to hear testimony from citizens of Old Lyme, and has obtained comments from the Old Lyme Planning Commission, the Conn. River Gateway Commission, the Southeastern Connecticut Council of Governments, and the Department of Energy and Environmental Protection – Office of Long Island Sound Program; and
Whereas, the Old Lyme Planning Commission has recommended that the Zoning Commission not approve the proposed modifications concerning Seasonal – Year Round Use designations until such time as a list is generated of seasonal properties and an ordinance is put in place that defines the process of conversion from seasonal to year round;
Whereas, the Commission has considered the Plan of Conservation and Development, and finds that the proposed regulations are made in accordance with the comprehensive plan;
Whereas, the Commission finds that there is sufficient evidence to demonstrate that the proposed text is appropriate.
Whereas, the Commission finds that the proposed regulation will permit the Commission:
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 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 comments from the Office of Long Island Sound Programs of the Department of Energy and Environmental Protection, after submitting the application materials to them for review, the Commission determines that the proposed regulations as they will be revised are consistent with the goals and policies of the Coastal Management Act;
And whereas, the Commission concludes that the Zoning Regulations are not the best tool to enforce the Seasonal – Year Round Use distinction, and that there are other codes, including but not limited to Health Code, Building Code, Housing Code, Fire Code, and Federal Emergency Management Regulations, which must be met prior to occupying a seasonal structure on a year round basis;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to the proposed modification to the Zoning Regulations of Section 2, Area/Use Classification; Section 3, Definitions; Section 5, Use Regulations; Section 9, Non-Conforming Lots, Uses, Buildings and/or Structures and Section 11, Special Regulations (all pertaining to seasonal/year-round use) with any modifications specified.
The effective date of this amendment is September 16, 2011.
Motion passed 4:1, with Jane Marsh voting against.
2. Special Permit Application and Municipal Coastal Site Plan Review Application to permit construction of 2 multifamily buildings for the initial phase of a 4 building project, each building will contain 6, 2 bedroom apartments on property located at 77 Lyme Street, Lyme Academy College of Fine Arts, Inc, applicant.
No action taken. The Public Hearing for this item has been continued to the October 12, 2011 Regular Meeting.
3. Special Permit Application to permit renovation of single family residence on property located at 2 Meetinghouse Lane, which is in the Connecticut River Gateway Conservation Zone, where the existing dwelling is in excess of 4,000 square feet, Marcia McLean and Peter R. Lasusa, Jr., applicants. The applicant requested, in accordance with Section 4.10.12.1 of the Zoning Regulations, an Exception to the Special Permit process.
Ms. Brown stated that the application is before the Commission this evening for receipt. She indicted that Joe Wren would like to discuss waivers. Mr. Wren stated that the house is unassuming; first house on the left, 1.5 story ranch. He noted that the existing house is 4,500 square feet. He noted that the 8,000 square foot house being proposed includes a carport and a porch that are included in this figure because of the definition of floor area. He noted that there is not much change in the building footprint. Mr. Wren stated that the house is 1 mile from the eastern shore of the Connecticut River; he pointed the home out on the aerial photograph that he submitted as part of the application. He noted that CRERPA stated that there will be no visual intrusion.
Mr. Wren read his waivers for the record. He indicated that they are requesting a waiver of the application fee also. Mr. Wren noted that the house is subject of a variance request this month because the house is in the front setback.
Mr. Johnson stated that it appears the house size is increasing 80 percent. Mr. Wren indicated that they are adding a floor; or going from 1.5 stories to 2.5 stories.
Ms. Marsh stated that the file should contain photographs taken from the river up to the house. She noted that the real question is will the expanded house be seen from the river. Ms. Marsh stated that if there were no trees on the site, would the house be seen from the Connecticut River. Mr. Wren stated that Torrance Downes feels that the house will not be seen from the Connecticut River and he has more experience in that regard. Ms. Marsh stated that the idea is to blend the house into the scenery. Ms. Marsh read the Zoning Regulations in regards to waivers.
Ms. Cable suggested floating a balloon off the roof of the house to show that the house will not be seen from the river. Ms. Cable pointed out that if the Commission gives an exemption they cannot hold the applicant to the Statement of Use. Mr. Looney suggested that the Commission members visit the property.
A motion was made by Tom Risom, seconded by John Johnson and voted unanimously to receive the Special Permit Application for 2 Meetinghouse Lane and set a Public Hearing for October 12, 2011 (Wednesday).
A motion was made by Jane Marsh, seconded by Pat Looney and voted unanimously to continue the discussion to the October 12, 2011 Regular Meeting with respect to waiving the Special Permit process for the Special Permit Application for 2 Meetinghouse Lane.
4. Special Permit Application to permit construction of a 4’ x 6’ concrete pad to support ramp hinge, a 3.5’ x 25’ ramp and a 6.8’x 15’ floating dock, for occasional private use by property owner only on property located at 11 Halls Road, James Graybill, applicant.
A motion was made by Tom Risom, seconded by John Johnson and voted unanimously to receive the Special Permit Application for 11 Halls Road and set a Public Hearing for November 14, 2011.
5. Special Permit Application and Municipal Coastal Site Plan Review Application to permit construction of a new single family dwelling on property located at 26 Champion Road, Dante J. Boffi Design, LLC, applicant; Joyce Nasin, owner.
A motion was made by John Johnson, seconded by Pat Looney and voted unanimously to receive the Special Permit Application and Municipal Coastal Site Plan Review Application for 26 Champion Road and set a Public Hearing for November 14, 2011.
6. Special Permit Application to permit an accessory apartment on property located at 136-1 Neck Road, H. Michael Schaefer, applicant/owner.
A motion was made by John Johnson, seconded by Tom Risom and voted unanimously to receive the Special Permit Application for 136-1 Neck Road and set a Public Hearing for October 12, 2011 (Wednesday).
7. Special Permit Application to permit a 3’ x 95’ boardwalk, a 3’ x 22’ ramp and an 8’x 10’ floating dock on property located at 18 Sandpiper Point Road, Tallmadge Renault, applicant.
Public Hearing set for October 12, 2011 (Wednesday).
8. Special Permit Application to permit conversion of existing building to a private Jazz Club and Production Studio on property located at 2 Huntley Road, Michael Bellaria, applicant.
Public hearing set for October 12, 2011 (Wednesday).
9. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting of August 8, 2011.
No action taken. This item was tabled to the October Regular Meeting.
10. Any Old or New Business
a. Registry Letters – no action taken, Petition to Amend Zoning Regulations approved
Chairman Cable stated that she appreciates the way everyone handled the seasonal issue, noting that no one was emotional and everyone was professional. Ms. Bozek suggested that Attorney Knapp be contacted regarding what should be done with all the seasonal designations already in the land records. Ms. Marsh stated that she does not think anything needs to be done because they are not deeming the homes year round, just year round from a zoning perspective. Ms. Brown will discuss the issue with Attorney Knapp.
11. Correspondence
None
12. Zoning Enforcement
a. Zoning Enforcement Report
Mr. Kiritsis questioned whether the Bee and Thistle is running a spa. Ms. Brown indicated that she would confirm the actual use. Mr. Kiritsis noted that they advertise on line.
b. Site Inspection Report
None.
13. Miscellaneous/Adjourn
The Meeting adjourned at 10:15 p.m. on a motion by Pat Looney; seconded by Tom Risom and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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