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Zoning Commission Record of Vote 12/12/2011


RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR  MEETING
Monday – DECEMBER 12, 2011, 7:30 P.M.
Auditorium of Memorial Town Hall
52 Lyme Street, Old Lyme, CT

1.   Meeting convened at 7:35 p.m.; those present and voting were the following members:  Jane Cable, Chairman, Jane Marsh, Secretary, John Johnson, Vice Chairman, Pat Looney (Regular Member left at 9:30 p.m.) and Ted Kiritsis (Alternate)
Also present:  Tom Risom (Regular Member arrived at 8:30 p.m.), Joan Bozek (Alternate) and Ann Brown, Zoning Enforcement Officer

        A Motion was made by J. Johnson, seconded by P. Looney to amend item number 5 of the Agenda with respect to Special Permit Modification Application to permit outdoor liquor service and add a request for waiver of Section 13(b)3.4 of the Zoning Regulations on property located at 100 Lyme Street, Two Jacks, LLC d/b/a Bee & Thistle Inn, applicant/owners to the Agenda for receipt and to set public hearing.  No discussion and a vote was taken.  The Motion passed unanimously. 5-0-0

CONTINUED PUBLIC HEARING:

Voting Members are:  J. Cable, J. Marsh, J. Johnson, P. Looney, T. Kiritsis

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 CLOSE the Public Hearing on the application for 77 Lyme Street, Lyme Academy College of Fine Arts, Inc.  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

Voting Members are:  J. Marsh, J. Johnson, P. Looney, T. Kiritsis
T. Risom arrived at 8:30

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 J. Johnson, seconded by P. Looney to CLOSE the Public Hearing 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

PUBLIC HEARINGS:

Regular Members seated

1.  Special Permit Application to permit raising house in compliance with variance granted; install a new septic system; reduce the number of bedrooms and convert to single family house; modify the house to be more conforming in size, location and number of stories (Section 9.1.3.2) on property located at 73 Swan Avenue, Bogdan and Francine Brocki, applicant/owners.

        A Motion was made by J. Johnson, seconded by T. Risom to OPEN and Continue the Public Hearing to the January 9, 2012 Regular Meeting on the application for 73 Swan Avenue, Bogdan and Francine Brocki.   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

REGULAR MEETING:

Voting Members are:  J. Cable, J. Marsh, J. Johnson, P. Looney, T. Kiritsis

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 for Approval was made by J. Johnson, seconded by P. Looney as follows:

Whereas, the Zoning Commission has received applications for a Special Permits and a Coastal Site Plan, A set of Site Plans, 6 sheets total, prepared by Doane-Collins Engineering Associates, LLC (Doane-Collins hereafter).  Ident. No. 1, 2, 3 and 5 of 6 reflect a revision date of 11/11/11.  Ident. No. 4 and 6 of 6 reflect a revision date of 11/14/11;  A Landscape Plan revised to 11/11/11 prepared by Doane-Collins; Architectural Plans A1.01 and A2.01 dated 10/07/11 prepared by BL Companies, for the construction of two multi-family apartment buildings, a 1,250 foot access road (driveway) which includes a bridge over a watercourse, two sanitary systems, two wells, parking and access aisles, stormwater management systems, and construction of a fire pond; further, revised plans were submitted with revision dates site plan 12/07/11, landscaping plan 12/5/11, new lighting plan – 2 sheets – 12/6/11;

Whereas, the Special Permits requested are for a multi-family development (sec. 11.25), a use having a septic discharge greater than 1,500 gallons per day (sec. 17A.2.15), construction of structures in excess of 4,000 sf floor area (sec. 4.10.12), and to allow measurement of height from a new finished manufactured grade (sec. 4.10 Height, Building Height);

Whereas, the Zoning Commission has held a duly noticed public hearing on September 12, 2011, October 12, 2011, November 14, 2011, and December 12, 2011, and the commission has heard testimony from both citizens of Old Lyme and the applicant; and

Whereas, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Sections 13A and 13B of the Regulations with the following conditions and modifications to the final plan:
  •         Prior to signature of final plans by the ZC, legal documents associated with the open space dedication be reviewed and approved by the Zoning Commission’s attorney.
  •         The “statutory five-year period for completion” legend should be included to the signature block on the plans;
  • The proposed street entrance location, sidewalk and crosswalk within the Lyme Street “right-of-way” must be reviewed and approved by the Board of Selectmen.
  • A note shall be placed on the plan and/or any approval granted by the Zoning Commission noting that the driveway is not a Town Road.
  • The location and proposed use of the “overflow parking” adjacent to Lyme Street are acceptable to the zoning Commission.
  • Any terms of an agreement between the applicant and Miller property owner for construction of the privacy fence and landscaping shall include the completion date for the fence and landscaping installation and who shall be responsible for installation; language of the agreement shall be reviewed and approved by the Zoning Commission attorney.
  • The proposed 4 foot sidewalk width and bituminous concrete surface is acceptable.
  • The proposed fire pond and dry hydrant assembly shall be reviewed and approved by the Old Lyme Fire Department; Connection fittings shall be compatible and acceptable with the Fire Department.
  • In concept, the proposed 30 ft. x 50 ft. bridge spanning the wetland/watercourse is acceptable.  
  • Prior to issuance of a Zoning Permit or a Building Permit or any construction, including clearing, bridge shop drawings, prepared by a professional engineer, should be submitted to the Town.  In addition to dimensioning of structural components, elevations of key components, i.e. top of footing, top of abutment, top of steel, etc.) be included.  We believe this warrants field verification of topographic conditions.
  • Prior to issuance of a Zoning Permit or a Building Permit or any construction, including clearing, bridge shop drawings, prepared by a professional engineer, shall be submitted to the Town; dimensioning of structural components, elevations of key components, i.e. top of footing, top of abutment, top of steel, etc. shall be included; field verification of topographic conditions are required.
  • The elevations of the watercourse “stream bed”, wetland surface and partial stone wall in relation to the bridge structure shall be considered/coordinated.
  • The design, construction materials and construction methods shall be compliant with Connecticut Department of Transportation requirements, including bridge guiderails.
  • Approach guiderails shall be properly flared away from the travelway.
  • Proper bridge signage or markings shall be posted.
  • Prior to any construction or clearing, the wetland limits shall be clearly staked; the limit staking should remain throughout construction and be readily identifiable.
  • Dewatering for construction of the bridge abutments will most likely be necessary; provisions for dewatering shall be addressed with shop drawing submission.
  • Prior to any construction or clearing, the applicant shall provide acceptance from applicable utility companies for the placement of utilities as shown in the bridge detail (Ident. No. 6 of 6).
  • The applicant shall address the “Emergency Access” to the property over District 18 property to the satisfaction of the Zoning commission; the Zoning commission attorney shall review and approve the wording of any easement/access documents.
  • The time (hours) of construction activities and vehicle access routes shall be identified and agreed upon by all parties.
  • The Emergency Access will result in a loss of a minimum of two (2) School parking spaces;  District 18 shall replace those spaces in a location which is acceptable to the zoning Commission.
  • Driveway/parking curbing limits shall be clearly delineated to assure proper drainage flow.
  • Roof drain outfalls shall be shown.
  • Section 11.25.4.  The reduction of the 100 ft. minimum property line setback for buildings, parking and service areas to 75 ft.  As proposed, the buildings are 75 ft. from a property boundary.  The Zoning Commission finds that this is acceptable.
  • Section 11.25.5.  The reduction of the 50 ft. minimum property line setback for roadways to 25 ft.  As proposed, the access street is less than 50 ft. from property boundaries. The Zoning Commission finds that this is acceptable.
  • Section 11.25.10.a.  No outdoor refuse storage area is shown.  The Zoning Commission finds that this is acceptable.
  • Section 11.25.11.  The applicant shall verify that there is a supply of “…a minimum daily supply of not less than 450 gallons (of water) under adequate pressure.” prior to issuance of a Certificate of Zoning Compliance; the applicant should be aware of the risk of completing or partially completing the project without verifying the 450 gallons of water under adequate pressure can be achieved.   
  • Typical Road Section (cross-slope). Curtain/underdrain stone size shall be identified to Conn. DOT material requirements.  
  • Requirements for pavement markings (painted cross walks, directional arrows) shall be included in the Traffic Sign Detail; referencing Conn. DOT specification/requirements shall be sufficient.
  • Dead End/No Outlet, street name (and private street identification) and speed limit signs shall be posted.
  • An erosion control bond in an amount to be approved by the Commission Engineer shall be posted for the project; considering the size and scope of the project, the bonding shall include an amount for site stabilization and construction of the stormwater recharge basin in the event the project is terminated during construction.
  • Construction of the bridge shall be inspected by the design engineer or professional engineer and that a notice of construction compliance with design plans be provided to the Town upon completion.
  • Survey as-built plans showing the location and applicable elevations of all improvements be submitted to the Town prior to issuance of a Zoning Certificate of Compliance.   
  • Privacy fence to be installed on abutter’s property and to be installed within a year of approval of plan or final disposition of any appeal.
  • Applicant shall submit a landscaping bid to the Commission for approval for the required landscape bonding.

Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13A and 13B, 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 Energy and Environmental Protection, after submitting the application materials to them for review, the Commission determines that the application and  plans as they will be revised 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 of the Special Permits requested for a multi-family development (sec. 11.25), for a use having a septic discharge greater than 1,500 gallons per day (sec. 17A.2.15), for construction of structures in excess of 4,000 s.f. floor area (sec. 4.10.12), and for the measurement of height from a new finished manufactured grade (sec. 4.10 Height, Building Height), and grants approval of the Coastal Site plan for the Lyme Academy College of Fine Arts, Inc, for property at 77 Lyme Street, Old Lyme, CT, with the modifications specified, on this date, December 12, 2011.  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 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.

Voting Members are:  J. Marsh, J. Johnson, P. Looney, T. Kiritsis

        A Motion was made by J. Johnson, seconded by P. Looney to TABLE the Decision on 11 Halls Road until the January 9, 2012 Meeting so that individual members can walk the site with the Fire Marshal letter of December 12, 2011.  Discussion:  about adding clearing as a condition.  No further discussion and a vote was taken.  In favor:  J. Johnson, P. Looney, T. Kiritsis    Opposed:  J. Marsh   Abstaining:  None.  The motion passed.  3-1-0

3.  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.   

Voting Members are:  J. Marsh, J. Johnson, P. Looney, T. Kiritsis

A Motion for Approval was made by J. Johnson, seconded by T. Kiritsis as follows:

Whereas, the Zoning Commission has received an application for a Special Permit approval to permit a three bay barn/garage on property in the Connecticut River Gateway Zone District where the floor area of the buildings are in excess of 4,000 square feet, Special Permit Application dated October 4, 2011 with accompanying information;  copy of “Carriage House” garage kit; hand drawn plot plan; preliminary plan from Country Carpenters regarding basic kit for garage and a Map entitled “Existing Conditions Survey Land of Lisa Brault Smiths Neck Road Old Lyme, Connecticut dated Oct. 20, 2010 prepared by Richard W. Gates, Land Surveyor”.

Whereas, the Zoning Commission has held a duly noticed public hearing on November 14, 2011 and continued to December 12, 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 is permitted by Special Permit under the Old Lyme Zoning Regulations Sections 4.10.12.  The Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13A, 13B and Section 4.10.12.3 of the Regulations and waives the submission of any additional information which might otherwise not be necessary in order to decide the application but grants said 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

Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for a Special Permit to construct a three bay barn/garage on property in the Connecticut River Gateway Zone District where the floor area of the buildings are in excess of 4,000 square feet, for property of Lisa Brault at 40 Smith Neck Road, per plans submitted.   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 raising house in compliance with variance granted; install a new septic system; reduce the number of bedrooms and convert to single family house; modify the house to be more conforming in size, location and number of stories on property located at 73 Swan Avenue, Bogdan and Francine Brocki, applicant/owners – Public Hearing continued to January 9, 2012 Regular Meeting

5.  Special Permit Modification Application to permit outdoor liquor service and a request for waivers of Section 13(b)3.4 of the Zoning Regulations on property located at 100 Lyme Street, Two Jacks, LLC d/b/a Bee & Thistle Inn, applicant/owners.

Pat Looney left at 9:30 p.m.; Tom Risom recused himself; J. Bozek Seated for P. Looney on this Application

        A Motion was made by J. Cable, seconded by J. Johnson to receive the Special Permit Modification Application to permit outdoor liquor service for 100 Lyme Street and set a Public Hearing for January 9, 2012.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, J. Bozek, T. Kiritsis   Opposed:  None   Abstaining:  None   The motion passed unanimously. 5-0-0

        A Motion was made by J. Johnson, seconded by J. Bozek to WAIVE the requirement to submit 6 copies of the Special Permit Site Plan.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, J. Bozek   Opposed:  None   Abstaining:  T. Kiritsis     The motion passed unanimously. 4-0-1

        A Motion was made by J. Bozek, seconded by J. Johnson to WAIVE the requirement for submission of Architectural Plans.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, J. Bozek   Opposed:  None   Abstaining:  T. Kiritsis     The motion passed unanimously. 4-0-1

        A Motion was made by J. Johnson, seconded by J. Bozek to WAIVE the requirement for submission of a Soil and Erosion and Sediment Control Plan.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, J. Bozek   Opposed:  None   Abstaining:  T. Kiritsis   The motion passed unanimously. 4-0-1

        A Motion was made by J. Johnson, seconded by J. Bozek to WAIVE the requirement for submission of a Traffic Impact Report.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, J. Bozek   Opposed:  None   Abstaining:  T. Kiritsis   The motion passed unanimously. 4-0-1

        A Motion was made by J. Johnson, seconded by J. Bozek to WAIVE the requirement for submission of additional reports.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, J. Bozek   Opposed:  None   Abstaining:  T. Kiritsis   The motion passed unanimously. 4-0-1

6.  Special Permit Application and Municipal Coastal Site Plan Review Application to permit construction of a single–family house on property located at 88-1 Buttonball Road, Lot 6, Edward and Linda Marsh, applicants –WITHDRAWN

7.  Municipal Coastal Site Plan Review Application to permit single family residential home on property located at 17 Sill Lane, GALCO, LLC, applicant.

        A Motion was made by J. Cable, seconded by T. Risom to receive the Municipal Coastal Site Plan Review Application for 17 Sill Lane and set a Public Hearing for January 9, 2012.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, T. Risom, T. Kiritsis   Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

8.  Petition to amend the Zoning Regulations, Section 7.1.c, Reduced setback in Residence Districts for some Accessory Buildings.  Public Hearing scheduled for January 9, 2012

9. Approval of Minutes –   Minutes of the Public Hearing and Regular Meeting of November 14, 2011

        A Motion was made by J. Johnson, seconded by J. Marsh to approve the Minutes of the Regular Meeting for November 14, 2011 with the following corrections:  page 1, 3rd paragraph to change the wording to read as follows:  “to add the Special Permit/Coastal Site Plan Application to permit elevation and reduction of the footprint of the building for 73 Swan Avenue, for receipt.” and Page 5, 1st paragraph under item number 6, line 5 to read as follows:  “. . .the Bee and Thistle gets a small percentage of the fee.”.  No further discussion and a vote was taken.  In favor:  J. Johnson, J. Marsh, J. Cable, T. Kiritsis, T. Risom   Opposed:  None   Abstaining:   None   The motion passed unanimously.  5-0-0

        A Motion was made by J. Johnson, seconded by J. Cable to approve the Minutes of the Public Hearing for November 14, 2011 with the following corrections:  Page 3, 3rd Paragraph, change the words “Dianne Johnson” to “Diana Johnson” and on the same paragraph, 4th sentence down change the sentence to read as follows:  “she indicated that the Lyme Academy does not anticipate being on the list next year.”  No further discussion and a vote was taken.  In favor:  J. Cable, J. Johnson, J. Marsh, T. Kiritsis, T. Risom   Opposed:  None   Abstaining:   None   The motion passed unanimously.  5-0-0
                
10.  Any new or old business

        - Review of Special Events regulations in the Zoning Regulations – Ann Brown reports

        - Election of Officers

        A Motion was made by J. Johnson, seconded by T. Risom to nominate the existing slate of officers - Jane Cable as Chairman, John Johnson as Vice Chairman and Jane Marsh as Secretary.  No discussion and a vote was taken and the nominations closed.  No discussion and a vote was taken.  In favor:  J. Cable, T. Risom, J. Marsh, J. Johnson, T. Kiritsis   In opposition:  None   Abstaining:  None   The motion passed unanimously.  5-0-0

A Motion was made by J. Johnson, seconded by T. Risom to re-elect the existing slate of officers - Jane Cable as Chairman, J. Johnson as Vice Chairman and Jane Marsh as Secretary.  No discussion and a vote was taken.  In favor:  J. Cable, T. Risom, J. Marsh, J. Johnson, T. Kiritsis   In opposition:  None   Abstaining:  None   The motion passed unanimously.  5-0-0

11.  Correspondence

12.  Zoning Enforcement

a.      Zoning Enforcement Report
        b.      Site Inspection Report

13. Miscellaneous/Adjournment                   

        A Motion was made by T. Risom, seconded by J. Johnson, to adjourn the December 12, 2011 meeting.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, T. Risom, T. Kiritsis.  5-0-0  The motion passed unanimously and the meeting adjourned at 10:05 p.m.

                                                                                                Jane Cable, Chairman