RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – NOVEMBER 14, 2011, 7:30 P.M.
Auditorium of Memorial Town Hall
52 Lyme Street, Old Lyme, CT
1. Meeting convened at 7:33 p.m.; those present and voting were the following members: Jane Marsh, Secretary, John Johnson, Vice Chairman, Pat Looney (Regular Member) and Ted Kiritsis (Alternate)
Also present: Ann Brown, Zoning Enforcement Officer
Absent: Jane Cable (Chairman), Tom Risom (Regular Member), 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 P. Looney, seconded by J. Marsh to CONTINUE the Public Hearing to the December 12, 2011 Regular meeting on the application for 77 Lyme Street, Lyme Academy College of Fine Arts, Inc., still awaiting a decision from the IWWC. No discussion and a vote was taken. In favor: J. Marsh, P. Looney, J. Johnson, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
2. 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 T. Kiritsis, seconded by P. Looney to CLOSE the Public Hearing on the application for 136-1 Neck Road, H. Michael Schaefer, applicant. No discussion and a vote was taken. In favor: J. Marsh, P. Looney, J. Johnson, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
PUBLIC HEARINGS:
1. 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 P. Looney, seconded by T. Kiritsis to CLOSE the Public Hearing on the application for 11 Halls Road, James Graybill, applicant. No discussion and a vote was taken. In favor: J. Marsh, P. Looney, J. Johnson, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
2. 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 P. Looney, seconded by J. Marsh to CONTINUE the Public Hearing to the December 12, 2011 Regular Meeting on the application for 40 Smith Neck Road, Lisa Brault, owner. No discussion and a vote was taken. In favor: J. Marsh, P. Looney, J. Johnson, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
3. 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 P. Looney, seconded by T. Kiritsis to CLOSE the Public Hearing on the application for 30 Neck Road, Robert Staab, applicant. No discussion and a vote was taken. In favor: J. Marsh, P. Looney, J. Johnson, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
A Motion was made by J. Johnson, seconded by P. Looney to amend the agenda to add Special Permit and Coastal Site Plan Review Application to permit reduction in nonconforming space and conversion to conforming space on property located at 73 Swan Avenue, Bogdan and Francine Brocki, applicant/owners to Receive and Set Public Hearing. No discussion and a vote was taken. In favor: J. Marsh, P. Looney, J. Johnson, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
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 December 12, 2011.
2. Special Permit Application to permit an accessory apartment on property located at 136-1 Neck Road, H. Michael Schaefer, applicant/owner.
A Motion for Approval was made by J. Marsh, seconded by P. Looney as follows:
Whereas, the Zoning Commission has received an application for Special Permit approval, including floor plans and a Site Development Plan map showing a re-subdivision to be known as The Ursula Schaefer Estate 136 Neck Road (Route #156), Old Lyme, CT sheet 2 of 3 dated October 23, 2008 revised through 9-10-09;
Whereas, the Zoning Commission has held a duly noticed public hearing on October 12, 2011, and November 14, 2011, and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and the applicant; and
Whereas, the proposed use (Accessory Apartment) is permitted by Special Permit under the Old Lyme Zoning Regulations section 7.8.2, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 13 A and B of the Regulations with the following modifications required to be added to the final plan:
Submit a sketch showing parking spaces;
Verify adequate water and
Mark plans in “Blue” showing outline of apartment
Whereas, the Commission finds that the applicant has demonstrated compliance with the specific requirements of Section 7.8.2 for this proposed use; the 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
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to H. Michael Schaefer for the Special Permit for an Accessory Apartment for property at 136-1 Neck Road, Old Lyme, CT, with the modifications specified. No discussion and a vote was taken. In favor: J. Marsh, P. Looney, J. Johnson, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
3. 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 J. Marsh, seconded by P. Looney to TABLE the decision to the December 12, 2011 Regular Meeting on the application for 11 Halls Road, James Graybill, applicant. No discussion and a vote was taken. In favor: J. Marsh, P. Looney, J. Johnson, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
4. 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 – Public Hearing continued to December 12, 2011.
5. 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 for Approval was made by J. Marsh, seconded by T. Kiritsis as follows:
Whereas, the Zoning Commission has received application for Special Permit Application and Municipal Coastal Site Plan Review Application dated September 28, 2011 with Statement of Use; 8 ½ x 11 maps (Location Map, Coastal Resource Map, Shellfish Concentration Map, Flood Map and Soil Survey); CT DEEP Permit; US ACOE Permit; Photographs and drawing and Site Plan Pier Modifications Connecticut River September 12, 2011 Property of Robert Staab 30 Neck Road – Old Lyme CT Sheet 1 of 1 prepared by Docko, Inc.
Whereas, the Zoning Commission has held a duly noticed public hearing on November 14, 2011, and the Commission has had an opportunity to hear testimony both from citizens of Old Lyme and the applicant; and
Whereas, the proposed use is permitted by Special Permit under the Old Lyme Zoning Regulations Section 4.10.3, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 13A and B of the Regulations.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13A, 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;
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 finds that the applicant has demonstrated compliance with the General Standards of Section 4.10.3, 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 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 and plans are consistent with the goals and policies of the Coastal Management Act;
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 Special Permit/Coastal Site Plan to allow construction of a dock on property of Robert Staab, at 30 Neck Road, Old Lyme, CT. No discussion and a vote was taken. In favor: J. Marsh, P. Looney, J. Johnson, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
6. Special Permit Application to modify liquor permit and discuss spa use on property located at 100 Lyme Street, The Bee & Thistle Inn, Linnea and David Rufo, owners/applicant – No application was received, no action taken.
** 6.a Special Permit and Coastal Site Plan Review Application to permit reduction in nonconforming space and conversion to conforming space on property located at 73 Swan Avenue, Bogdan and Francine Brocki, applicant/owners to Receive and Set Public Hearing.
A Motion was made by P. Looney, seconded by J. Marsh to receive the Special Permit Application and Coastal Site Plan Review Application for 73 Swan Avenue and set a Public Hearing for December 12, 2011. No discussion and a vote was taken. In favor: J. Marsh, P. Looney, J. Johnson, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
7. Special Permit Application to permit an addition to an existing single family residence on property in the Connecticut River Gateway Conservation Zone, where the structure is in excess of 4,000 square feet floor area, 21 Talcott Farm Road, Maryanne and Mario Bertolini, owners/applicants. Applicants to request an exception for requiring the Special Permit for an addition on an existing single family residence in the Connecticut River Gateway Conservation Zone – Receive application and set public hearing.
A Motion was made by J. Marsh, seconded by P. Looney, that in compliance with Section 4.10.12.1 of the Zoning Regulations, a Request of an Exception to requiring a Special Permit for an addition on an existing single family residence in the Connecticut River Gateway Conservation Zone is GRANTED. The findings are
that the proposed structure or structures will not be visible from the Connecticut River. No discussion and a vote was taken. In favor: J. Marsh, P. Looney, J. Johnson, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
8. Special Permit Application to permit a 2 car garage with an attached guest room to an existing single family residence on property in the Connecticut River Gateway Conservation Zone, where the structure is in excess of 4,000 square feet floor area, 20 Ferry Road, Pamela Hamilton, owner/Skip Broom, applicant. Applicant to request an exception for requiring the Special Permit for a 2 car garage with an attached guest room on an existing single family residence in the Connecticut River Gateway Conservation Zone – Receive application and set public hearing.
A Motion was made by J. Marsh, seconded by J. Johnson, that in compliance with Section 4.10.12.1 of the Zoning Regulations, a Request of an Exception to requiring a Special Permit for additions on an existing single family residence in the Connecticut River Gateway Conservation Zone is GRANTED. The findings are that the proposed structure or structures will not be visible from the Connecticut River. No discussion and a vote was taken. In favor: J. Marsh, P. Looney, J. Johnson, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
9. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting of October 12, 2011
A Motion was made by J. Marsh, seconded by T. Kiritsis to approve the Minutes of the Public Hearing and Regular Meeting of October 12, 2011 and the Minutes of the Public Hearing and Regular Meeting of September 12, 2011 with the following corrections: page 1 and 2 of the Public Hearing Minutes change David Bickman, 76 Lyme Street to David Bickerman, 76 Lyme Street. Also on page 1 of the Public Hearing Minutes, second paragraph from the bottom “. . .Lyme Academy and he knows”, it should read “he [Mr. Bickerman] knows”. No discussion and a vote was taken. In favor: J. Marsh, J. Johnson, P. Looney, T. Kiritsis Opposed: None Abstaining: None
The motion passed unanimously. 4-0-0
10. Any new or old business
a) Discussion of changes to Section 7 of the Zoning Regulations with respect to shed setbacks
A Motion was made by J. Johnson, seconded by T. Kiritsis, to schedule a Public Hearing for January 9, 2012 on the following proposed change to Section 7 of the Zoning Regulations:
7.1.c. Reduced setbacks in Residence Districts for some Accessory Buildings:
(i) on any Lot in a Residence RU-40 District, or a Residence RU-80 District, one (1) detached Accessory Building not used for human occupancy or for the housing of animals and not exceeding fifteen (15) feet in height and 200 square feet in Floor Area may extend into the Required Side for Rear Yard (but not the Required Front Yard) by a distance equal to one-half of the Minimum Required Side Yard or Rear Yard for the District; and no Accessory Building shall be any closer to the Streetline than the Principal Building.
(ii) on any Lot in a Residence R-20 District, or a Residence R-15 District, or Residence R-10 District, one (1) detached Accessory Building not used for human occupancy or for the housing of animals and not exceeding ten (10) feet in height and 200 square feet in Floor Area, may extend into the Required Side for Rear Yard (but not the Required Front Yard) by a distance of not less than five (5) feet from the rear or side boundary lines; and no Accessory Building shall be any closer to the Streetline than the Principal Building.
No discussion and a vote was taken. In favor: J. Marsh, J. Johnson, P. Looney, T. Kiritsis. The motion passed unanimously
b) Approval of 2012 Zoning Commission Meeting Schedule
A Motion was made by J. Marsh, seconded by P. Looney, to ADOPT the 2012 Meeting Schedule of the Zoning Commission to hold meetings on the second Monday of each month at 7:30 at the Memorial Town Hall, 52 Lyme Street, Old Lyme. No discussion and a vote was taken. In favor: J. Marsh, J. Johnson, P. Looney, T. Kiritsis. The motion passed unanimously. 4-0-0
c) Request for an exception for requiring a Special Permit for an addition on an existing single family residence on property located at 7 McCurdy, which is in the Connecticut River Gateway Conservation Zone, where the existing dwelling is in excess of 4,000 square feet, Chris Caufield, applicant and Amy M. Forte, owner.
A Motion was made by J. Marsh, seconded by P. Looney, that in compliance with Section 4.10.12.1 of the Zoning Regulations, a Request of an Exception to requiring a Special Permit for additions on an existing single family residence in the Connecticut River Gateway Conservation Zone is GRANTED. The findings are that the proposed structure or structures will not be visible from the Connecticut River. No discussion and a vote was taken. In favor: J. Marsh, P. Looney, J. Johnson, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
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 T. Kiritsis, to adjourn the November 14, 2011 meeting. No discussion and a vote was taken. In favor: J. Marsh, J. Johnson, P. Looney, T. Kiritsis. 4-0-0 The motion passed unanimously and the meeting adjourned at 10:22 p.m.
Jane Cable, Chairman
| 
