RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – April 8, 2013, 7:30 P.M.
Auditorium of Memorial Town Hall
52 Lyme Street, Old Lyme, CT
1. Meeting convened at 7:36 p.m.; those present and voting were the following members: Jane Cable, Chairman, Jane Marsh, Secretary, Pat Looney (Regular Member), Harland Frazier (Alternate) and Joan Bozek (Alternate arrived at 7:42 p.m.)
Also present: Ann Brown, Zoning Enforcement Officer
Absent: Tom Risom (Regular Member), John Johnson, Vice Chairman and Ted Kiritsis (Alternate)
PUBLIC HEARINGS:
1. Special Permit Application to permit demolition of existing garage and construction of a new garage in accordance with Section 9.1.3.2 on property located at 46 Saltaire Drive, Estate of Margaret O. & Norman J. Yester, owners.
A Motion was made by J. Bozek, seconded by P. Looney to CLOSE the Public Hearing on the Special Permit Application for 46 Saltaire Drive, Estate of Margaret O. & Norman J. Yester, owners. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, J. Bozek, H. Frazier Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
2. Special Permit Application and Municipal Coastal Site Plan Review 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 9.4) on property located at 73 Swan Avenue, Bogdan and Francine Brocki, applicant/owners.
A Motion was made by J. Bozek seconded by P. Looney to CONTINUE the Public Hearing to the May 13, 2013 Regular Meeting on the Special Permit Application and Municipal Coastal Site Plan Review Application for 73 Swan Avenue, Bogdan and Francine Brocki, applicant/owners. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, H. Frazier, J. Bozek Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
3. Site Development Plan Modification Application, Special Permit Application and Municipal Coastal Site Plan Review Application to construct a building (28’ x 36’) to the west of the existing building with outdoor seating and takeout food (seasonal); parking lot renovations (100 +/- spaces) and landscaping; interior and exterior renovations; two entryways (one approved in front setback by ZBA); full service restaurant with State Liquor License and two outside patios (east and west) for dining and the service of alcohol (east and west sides) as an accessory use to the restaurant on property located at 218 Shore Road, Big Green Outdoor, LLC applicant.
A Motion was made by P. Looney, seconded by H. Frazier to CLOSE the Public Hearing on the Site Development Plan Modification Application, Special Permit Application and Municipal Coastal Site Plan Review Application for 218 Shore Road, Big Green Outdoor, LLC applicant. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, J. Bozek, H. Frazier Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
REGULAR MEETING:
1. Special Permit Application to permit demolition of existing garage and construction of a new garage in accordance with Section 9.1.3.2 on property located at 46 Saltaire Drive, Estate of Margaret O. & Norman J. Yester, owners.
A Motion to GRANT was made by P. Looney, seconded by J. Marsh, as follows:
Whereas, the Zoning Commission has received a for Special Permit Application dated February 12, 2013 with cover letter, list of abutters, Statement of Use, Zoning Compliance Permit Application, a copy of the Deed, Water Easement Agreement between Garvin Family Corporation, Inc. and The Connecticut Water Company, Water Company Easement Deed between Perry Garvin, Jr. and Adeline P. Garvin and Harold P. Garvin, III and Alice C. Garvin and the Revised Easement Agreement recorded in Book 349, Page 0069 dated October 22, 2007; plan drawn February 1, 2013, revised March 7, 2013 stating “Existing Garage Re-Built”, page A1; Site Development Plan property of Estate of Margaret D. Yester & Norman J. Yester 46 Saltaire Drive Old Lyme, Connecticut dated February 5, 2013 revised 3-8-13 prepared by Angus McDonald Gary
Sharpe & Associates, Inc., sheet 1 of 1;
Whereas, the Zoning Commission has held a duly noticed public hearing on April 8, 2013, and the Commission has had an opportunity to hear testimony from the public and from the applicant; and
Whereas, the proposed use, modification to the garage, is allowed by Special Permit under section 9.1.3.2 of the Old Lyme Zoning Regulations, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions of this section:
- There is no new nonconformity, nor increase in any existing nonconformity, with respect to setback, coverage, and other Bulk requirements;
Whereas, the Commission has considered:
a. the density or intensity of the Lot and the surrounding area, including the area and topography of the Lot, its coverage by Buildings, the height and volume of such Buildings, the number of Dwelling Units or bedrooms, and the ratio of impervious surfaces;
b. the natural resources on the Lot and in the vicinity of the Lot which may be adversely impacted;
c. the access to the Lot, including whether access roads are public or private, their surface condition, width, grade, flood hazard, drainage, existing traffic volume, and suitability for increased traffic or population to be served;
d. Access to the existing or proposed Building(s) or Structure(s) on and Abutting the Lot for emergency vehicles and public safety personnel;
e. the character of the neighborhood, including the scale of other Buildings or Structures in the area, the streetscape, impact on marine or coastal vistas as viewed from public Streets or other public viewing areas;
f. the goals of the Connecticut Coastal Management Act, despite the exemption from such Act for Single Family Dwellings; and specifically including a consideration of the protection of the coastal resources on or adjacent to the site; and impacts to such coastal resources shall be found to be acceptable for the proposed application. Such review shall also include a recognition that many areas of the R-10 District are within coastal flood hazard areas and that the potential danger to life and property shall be reduced or minimized by the proposed application.
[Amended Effective 4-1-09]
g. privacy, light, and air for the subject Lot and Abutting Lots;
h. increased effluent disposal volumes, the condition of the existing septic system on the Lot, and the impact on potential future repair or expansion of any such septic system; and
Whereas, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions of Section 13A and Section 13B of the Regulations with the following modifications required to be added to the final plan:
1. An as-built survey of the constructed building location, prepared by a licensed land surveyor be submitted to the Town to verify compliance with approved plans.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 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
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for a Special Permit Application dated February 12, 2013, to modify the garage, at 46 Saltaire Drive, Old Lyme, CT, Estate of Margaret O. and Norman J. Yester, applicant. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, J. Bozek, H. Frazier Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
2. Special Permit Application and Municipal Coastal Site Plan Review 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 9.4) on property located at 73 Swan Avenue, Bogdan and Francine Brocki, applicant/owners – Public Hearing continued to May 13, 2013
3. Site Development Plan Modification Application, Special Permit Application and Municipal Coastal Site Plan Review Application to construct a building (28’ x 36’) to the west of the existing building with outdoor seating and takeout food (seasonal); parking lot renovations (100 +/- spaces) and landscaping; interior and exterior renovations; two entryways (one approved in front setback by ZBA); full service restaurant with State Liquor License and two outside patios (east and west) for dining and the service of alcohol (east and west sides) as an accessory use to the restaurant on property located at 218 Shore Road, Big Green Outdoor, LLC applicant.
A Motion to was made by P. Looney, seconded by J. Bozek to GRANT the following waivers:
Waiver of Sections 13A.3.17d and 13A.3.17e, the reduction in number of trees in landscaped parking area to 21 total and no “green” buffer along streetline.
No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, J. Bozek, H. Frazier Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
Motion to GRANT was made by P. Looney, seconded by J. Bozek, as follows:
Whereas, the Zoning Commission has received applications for Site Plan Modification, Coastal Site Plan, and Special Permit approvals, to construct a building (28’ x 36’) to the west of the existing building with outdoor seating and takeout food (seasonal); parking lot renovations (100 +/- spaces) and landscaping; interior and exterior renovations; two entryways (one approved in front setback by ZBA); full service restaurant with State Liquor License and two outside patios (east and west) for dining and the service of alcohol (east and west sides) as an accessory use to the restaurant on property; Site Development Plan Modification Application, Special Permit Application and Municipal Coastal Site Plan Review Application dated March 8, 2013 with abutter list, Statement of Use, copy of
Zoning Compliance Permit Application, deeds, Plan entitled Proposed Clam Bar Annex dated March 7, 2012 prepared by Point One Architects titled Sheet A1.0; Plan entitled Proposed First Floor Plan dated March 8, 2013 prepared by Point One Architects titled Sheet A1.1; Plan entitled Proposed Basement and Second Floor/Roof Plans dated March 8, 2013 prepared by Point One Architects titled Sheet A1.2; Plan entitled Existing and Proposed Elevations [north and east] dated March 8, 2013 prepared by Point One Architects titled Sheet A2.1; Plan entitled Existing and Proposed Elevations [west and south] dated March 8, 2013 prepared by Point One Architects titled Sheet A2.2 and Plan entitled Existing Floor Plans dated March 8, 2013 prepared by Point One Architects titled Sheet AX1.1. Site Plan prepared for Big Green Outdoor, LLC 218 Shore Road (Conn. Route 156) Old Lyme, Connecticut dated March 6, 2013 Drawing No. SP-1, Sheet 1 of 4 prepared by Indigo Land Design, LLC;
Septic Design Plan prepared for Big Green Outdoor, LLC 218 Shore Road (Conn. Route 156) Old Lyme, Connecticut dated March 6, 2013 Drawing No. ST-1, Sheet 2 of 4 prepared by Indigo Land Design, LLC; Construction Details prepared for Big Green Outdoor, LLC 218 Shore Road (Conn. Route 156) Old Lyme, Connecticut dated March 6, 2013 Drawing No. D-1, Sheet 3 of 4 prepared by Indigo Land Design, LLC; E&S Control Plan prepared for Big Green Outdoor, LLC 218 Shore Road (Conn. Route 156) Old Lyme, Connecticut dated March 6, 2013 Drawing No. D-1, Sheet 4 of 4 prepared by Indigo Land Design, LLC.
Whereas, the Zoning Commission has held a duly noticed public hearing on April 8, 2013, and the commission has heard testimony from both citizens of Old Lyme and the applicant; and
Whereas, the take-our food service is permitted by Special Permit (sec. 5.10.3), the service of alcoholic beverages as an accessory to a restaurant is permitted by Special Permit (sec. 14.5), and the site modifications are permitted by sections 13A and 13B of the Old Lyme zoning Regulations; and
Whereas, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 13A of the Regulations with the following modifications required to be added to the final plan:
1. Building signs shown on plan are not part of the approval.
2. Modification of site plan for Handicap Accessible parking may be modified by the Zoning Enforcement Officer.
3. Entertainment is not included at this time.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 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, 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, and 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 Site Plan Modification, Coastal Site Plan, and Special Permits, to construct a building (28’ x 36’) to the west of the existing building with outdoor seating and takeout food (seasonal); parking lot renovations (100 +/- spaces) and landscaping; interior and exterior renovations; two entryways (one approved in front setback by ZBA); full service restaurant with State Liquor License [entertainment not included at this time] and two outside patios (east and west) for dining and the service of alcohol (east and west sides) as an accessory use to the restaurant on property for property at 218 Shore Road with the modifications specified, Big Green Outdoor, LLC applicant. No
discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, J. Bozek, H. Frazier Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
4. Special Permit Application to install a 6’ tall privacy fence along the North side of the house on property located at 30 Lyme Street, Anthony Kornacki and Lee Ann Molenaar, owners.
A Motion was made by J. Cable, seconded by J. Bozek to receive the Special Permit Application for 30 Lyme Street, Anthony Kornacki and Lee Ann Molenaar, owners and set a Public Hearing for Monday, May 13, 2013. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, J. Bozek, H. Frazier Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
5. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting of March 11, 2013
A Motion was made by J. Cable, seconded by J. Bozek to APPROVE the Minutes of the Public Hearing and Regular Meeting of March 11, 2013 with a change to the Public Hearing Minutes, page 9 – Amish Shock, Andy’s Deli should be “Amish Shah”. No further discussion and a vote was taken. In favor: J. Cable, J. Marsh, H. Frazier, J. Bozek Opposed: None Abstaining: P. Looney The motion passed. 4-1-0
6. Any new or old business
A public hearing was scheduled for June 10, 2013 to hear the following changes to the Zoning Regulations:
- discussion regarding proposed regulation changes concerning non-conformity and coastal resources submitted at the December, 2012 meeting;
- discussion regarding changes to Section 4.4 Flood Hazard Regulations for minimum compliance with program standards. Revisions to text and revised Map Panels must be adopted and become effective August 5, 2013;
- discussion regarding deleting dry cleaning establishments in the LI-80 zone; and
- discussion regarding eliminating the requirement of a Special Permit for approval of a guest house.
7. Correspondence
8. Zoning Enforcement Report
9. Miscellaneous/Adjournment
Jane Cable, Chairman
NEXT MEETING OF THE ZONING COMMISSION IS MAY 13, 2013,
7:30 P.M., AUDITORIUM, 52 LYME STREET, OLD LYME, CT
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