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Zoning Commission Record of Vote 10/12/2011





RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR  MEETING
Wednesday – OCTOBER 12, 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, Pat Looney (Regular Member) and Ted Kiritsis (Alternate)
Also present:  Ann Brown, Zoning Enforcement Officer

Absent:  Tom Risom (Regular Member) and Joan Bozek (Alternate)

CONTINUED PUBLIC HEARING:

1.  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.  

A Motion was made by J. Johnson, seconded by P. Looney to CONTINUE the Public Hearing to the November 14, 2011 Regular meeting on the application for 77 Lyme Street, Lyme Academy College of Fine Arts, Inc., applicant for IWWC decision.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, P. Looney, J. Johnson, T. Kiritsis  Opposed:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

PUBLIC HEARINGS:

1.  Special Permit Application to permit renovation and an addition of a carport to a 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., owners.   Applicant to request, in accordance with Section 4.10.12.1 of the Zoning Regulations, an Exception to the Special Permit process.  

A Motion was made by J. Johnson, seconded by P. Looney to CLOSE the Public Hearing on the application for 2 Meetinghouse Lane, Lasusa, applicant.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, P. Looney, J. Johnson, T. Kiritsis   Opposed:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

2.  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.  

A Motion was made by J. Johnson, seconded by P. Looney to CLOSE the Public Hearing on the application for 18 Sandpiper Point Road, Renault applicant.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, P. Looney, J. Johnson, T. Kiritsis   Opposed:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

3.  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 J. Johnson, seconded by P. Looney to CONTINUE the Public Hearing to the November 14, 2011 Regular meeting on the application for 136-1 Neck Road, H. Michael Schaefer, applicant.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, P. Looney, J. Johnson, T. Kiritsis  Opposed:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

REGULAR MEETING:

1.  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 – Public Hearing Continued to November 14, 2011.

2.  Special Permit Application to permit renovation and an addition of a carport to a 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., owners.   Applicant to request, in accordance with Section 4.10.12.1 of the Zoning Regulations, an Exception to the Special Permit process.  

A Motion for approval was made by J. Marsh, seconded by J.  Johnson as follows:

Whereas, the Zoning Commission has received an application for a Special Permit to allow an addition to a dwelling where the floor area of the buildings on site are in excess of 4,000 square feet in the Conservation Zone (Gateway Zone), for property of Marcia McLean and Peter R. Lasusa, Jr., located at 2 Meetinghouse Lane, including the following drawings titled, Special Permit Application dated September 11, 2011 with accompanying documentation; letter from Joseph Wren, P.E. with application; aerial view of area; e-mail from Torrance Downes stating Gateway Provision could be waived; Lasusa drawings depicting elevations and Site Plan dated July 27, 2011 revised to show Health Comments and prepared by Indigo Land Design, LLC; and

Whereas, the Zoning Commission has held a duly noticed public hearing on October 12, 2011 and the commission has had an opportunity to hear testimony both from the public and from the applicants; and

Whereas, the proposed activity (an addition to a residential structure where the floor area of the buildings on site are in excess of 4,000 square feet in the Conservation Zone {Gateway Zone}) is permitted by Special Permit under the Old Lyme Zoning Regulations Sections 4.10.12.3, 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 of the Regulations and waives the submission of any additional information which might otherwise not be necessary in order to decide the application.
        
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;

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 makes the following findings in compliance with Section 4.10.12.3:
a. Proposed site development shall maintain the essential natural characteristics of the site, such as major land forms, natural vegetative and wildlife communities, hydrological features, scenic
qualities and open space that contributes to a sense of place.

b. Structures shall be adapted to the existing terrain, rather than altering the earth form to create a platformed development site.

c. Structures located above the crest of hillsides facing the river shall be held back from the crest of the hill to maintain a clear sense of the hillside brow in its natural condition.

d. Architectural elements shall not be overemphasized in a manner which disrupts the natural silhouette of the hillside. Structures shall be designated so that the slope of the angle of the roof pitch is
generally at or below the angle of the natural hillside or manufactured slope.

e. Building forms shall be scaled to the particular environmental setting to avoid excessively massive forms that fail to enhance the hillside character. Massing of structural elements such as large roof areas shall be broken up to approximate natural slopes.

f. Roof lines shall relate to the slope and topography. Rooftop treatment shall be designed to avoid monotony of materials, forms and colors. Dark-colored roof treatments, which reduce visual
impact on the structure of the landscape are preferred.

g. Site design shall preserve the existing natural landscape where possible and include new landscaping which is compatible with existing natural vegetation, the scenic character of the area, and
increases visual buffering between the building and the River or its tributaries within the Conservation Zone.
h. Development shall be located so as to minimize the disturbance of sensitive areas. The smallest practical area of land should be exposed at any one time during development and the length of
exposure should be kept to the shortest practical time. Disturbed areas shall be replanted with non-invasive trees, shrubs and ground cover species which are compatible with existing vegetation.

i. Site grading shall avoid straight and unnatural slope faces. Cut and fill slopes shall have curved configurations to reflect as closely as possible the forms and shapes of surrounding topography. At
intersections of manufactured and natural slopes, abrupt angular intersections should be avoided, and contours should be curved to blend in with the natural shape.

Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for a Special Permit to construct an addition to the dwelling per plans submitted for property at 2 Meetinghouse Lane, Old Lyme, CT. Discussion:  P. Looney has concerns regarding the height as submitted.  No further discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, T. Kiritsis   Opposed:  P. Looney   Abstaining:  None    The motion passed. 4-1-0

3.  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.  

A Motion for approval was made by J. Johnson, seconded by P. Looney as follows:

Whereas, the Zoning Commission has received application for Special Permit approval to allow construction of a 3’ x 95’ boardwalk at two different levels, 89’ of which will extend waterward of the High Tide Line, a 3’ x 22’ ramp, and an 8’ x 10’ floating dock, at 18 Sandpiper Point Road, as shown on Plan View Showing Proposed Conditions prepared for Robert & Tallmadge S.  Renault by Angus McDonald/Gary Sharpe & Associates, Inc. sheet 5 of 9 dated December 16, 2008, revised to June 10, 2010; sheet 6 of 9 entitled Detail Plan View Showing Proposed Conditions prepared for Robert & Tallmadge S.  Renault by Angus McDonald/Gary Sharpe & Associates, Inc. dated December 16, 2008 revised to June 10, 2010; sheet 7 of 9 Boardwalk Detail prepared by Angus McDonald/Gary Sharpe & Associates and Property Survey Plan property of Robert & Tallmadge S.  Renault dated December 16, 2008 prepared by Angus McDonald/Gary Sharpe & Associates; and

Whereas, the Zoning Commission has held a duly noticed public hearing on October 12, 2011, and the Commission has had an opportunity to hear testimony both from citizens of Old Lyme and from the applicant; and

Whereas, the proposed use is permitted by Special Permit under the Old Lyme Zoning Regulations Section 4.3.1, the Commission finds that the applicant has provided sufficient evidence to demonstrate
compliance with the technical provisions Section 13 of the Regulations.

Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13, in particular that the proposed use and 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 finds that the applicant has demonstrated compliance with the General Standards of Section 13, in particular that the proposed use, buildings or other structures and site development conform to the standards of this section.

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 the Special Permit application to construct a of a 3’ x 95’ boardwalk at two different levels, 89’ of which will extend waterward of the High Tide Line, a 3’ x 22’ ramp, and an 8’ x 10’ floating dock, at 18 Sandpiper Point Road, as shown on the plans.  

No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, P. Looney, T. Kiritsis   Opposed:  None   Abstaining:  None    The motion passed unanimously.  5-0-0

4.  Special Permit Application to permit an accessory apartment on property located at 136-1 Neck Road, H. Michael Schaefer, applicant/owner – Public Hearing Continued to November 14, 2011.

5.  Special Permit Application to permit a three bay barn/garage on property in the Connecticut River Gateway Conservation Zone, where the buildings are in excess of 4,000 square feet floor area, 40 Smith Neck Road, Lisa Brault, owner.   

A Motion was made by J. Johnson, seconded by J. Marsh to receive the Special Permit Application for 40 Smith Neck Road and set a Public Hearing for November 14, 2011.  No discussion and a vote was taken.  In favor:   J. Cable, J. Marsh, J. Johnson, P. Looney, T. Kiritsis    Opposed:  None   Abstaining:  None    The motion passed unanimously. 5-0-0
6.  Special Permit Application and Municipal Coastal Site Plan Review Application to permit a small fixed pier (5’ x 55’) for recreation use on property located at 30 Neck Road, Robert Staab, applicant.  

A Motion was made by J. Johnson, seconded by J. Marsh to receive the Special Permit Application for 30 Neck Road and set a Public Hearing for November 14, 2011.  No discussion and a vote was taken.  In favor:   J. Cable, J. Marsh, J. Johnson, P. Looney, T. Kiritsis    Opposed:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

7.  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. Public hearing set for November 14, 2011.

8.  A Motion was made by J. Johnson, seconded by P. Looney to add Roger Smith of 15 Meetinghouse Lane to the agenda to discuss possible exception to Section 4.10.12 of the Zoning Regulations.  No discussion and a vote was taken.  In favor:   J. Cable, J. Marsh, J. Johnson, P. Looney, T. Kiritsis    Opposed:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

        A Motion was made by J. Marsh, seconded by J. Cable to grant the exception to Section 4.10.12 in accordance with the criteria outlined in Section 4.10.12.1 of the Zoning Regulations.  No discussion and a vote was taken.  In favor:   J. Cable, J. Marsh, J. Johnson, P. Looney, T. Kiritsis    Opposed:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

9. Approval of Minutes –   Minutes of the Public Hearing and Regular Meeting of August 8, 2011  
                                                –    Minutes of the Public Hearing and Regular Meeting of September 12, 2011

        A Motion was made by J. Johnson, seconded by T. Kiritsis to approve the Minutes of the Public Hearing and Regular Meeting of August 8, 2011 and the Minutes of the Public Hearing and Regular Meeting of September 12, 2011 as submitted.  No discussion and a vote was taken.  In favor:   J. Cable, J. Marsh, J. Johnson, P. Looney, T. Kiritsis    Opposed:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

10.  Any new or old business

11.  Correspondence

12.  Zoning Enforcement

a.      Zoning Enforcement Report
        b.      Site Inspection Report

13. Miscellaneous/Adjournment                   

        A Motion was made by P. Looney, seconded by J. Johnson, to adjourn the October 12, 2011 meeting.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, P. Looney, T. Kiritsis.  The motion passed unanimously and the meeting adjourned at 10:25 p.m.

                                                                                                                                        Jane Cable, Chairman