RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – May 13, 2013, 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, John Johnson, Vice Chairman, Jane Marsh, Secretary and Pat Looney (Regular Member)
Also present: Ann Brown, Zoning Enforcement Officer
Absent: Tom Risom (Regular Member), Joan Bozek (Alternate), Harland Frazier (Alternate) and Ted Kiritsis (Alternate)
CONTINUED PUBLIC HEARING:
1. 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. Marsh, seconded by P. Looney to CLOSE the Public Hearing 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 Opposed: None Abstaining: None The motion passed unanimously. 3-0-0
PUBLIC HEARING:
1. 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. Johnson, seconded by P. Looney to CLOSE the Public Hearing on the Special Permit Application for 30 Lyme Street, Anthony Kornacki and Lee Ann Molenaar, owners. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, J. Johnson 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 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 to GRANT was made by J. Marsh, seconded by J. Cable, as follows:
Whereas, the Zoning Commission has received an application for Special Permit approval which includes: Special Permit Application and Municipal Coastal Site Plan Review Application dated March 11, 2013 with accompanying information; exiting first floor plans dated December 18, 2009, sheet A1; existing second floor plan dated December 18, 2009 and revised to Feb. 11, 2009 (think typo), sheet A2; exiting third floor plans dated December 18, 2009, sheet A3 prepared by j.w. Flower Architect, 2 Essex Square, Essex, CT 06426; existing south elevation dated December 18, 2009, sheet A4; existing east elevation dated December 18, 2009, sheet A5; existing north elevation dated December 18, 2009, sheet A6;
existing west elevation dated December 18, 2009, sheet A7 and building section dated January 18, 2012, sheet A10 prepared by j.w. Flower Architect, 2 Essex Square, Essex, CT 06426; Schematic Site Plan for Bogdan & Francine Brocki dated April 22, 2010 prepared by j.w. Flower Architect, 2 Essex Square, Essex, CT 06426; property survey map prepared for Bogdan Brocki 73 Swan Avenue Old Lyme CT dated December 18, 2008 Scale 1” = 10’ by Cole – Harry E. Cole & Son engineering surveying planning; Foundation Plan dated March 7, 2013, sheet A1; proposed first floor dated March 7, 2013, sheet A2; second floor plan dated March 7, 2013, sheet A3; proposed south elevation dated March 7, 2013, sheet A4; proposed east elevation dated March 7, 2013, sheet A5; proposed north elevation dated March 7, 2013, sheet A6; proposed west elevation dated March 7, 2013, sheet A7, prepared by j.w. Flower Architect, 2 Essex Square, Essex, CT 06426.
Whereas, the Zoning Commission has held a duly noticed public hearing on April 8, 2013 and May 13, 2013, and the Commission has had an opportunity to hear testimony both from citizens of Old Lyme and the applicant; and
Whereas, the proposed use (to raise the house in compliance with the variance granted, to install a new septic system, to reduce the number of bedrooms and to convert the house to a single family house, to modify the house to be more conforming in size, location and the number of stories) is allowed by Special Permit under the Old Lyme Zoning Regulations Section 9.4, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 13A and B of the Regulations with the following modifications required to be added to the final plan:
1. To note on Plan copy of Exhibit “N” and
2. Approval is for renovation ONLY and NOT demolition
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13A and B, in particular that the proposed use, buildings and or 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 floatable debris therein; and
Whereas, the Zoning Commission finds that the applicant has demonstrated specific compliance with the Standards of Section 9.4 Modification Of Non-Conformity To Achieve Improvement, in particular that the proposed use, buildings or other structures and site development are designed and arranged as follows:
a. the proposed construction shall result in a general improvement of the Lot with regard to safe access, suitable drainage and adequate landscaping; and
b. there shall be no increase in the Nonconformity of Buildings and other Structures and site improvements.
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;
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 Bogdan and Francine Brocki, for a Special Permit/Coastal Site Plan under Section 9.4 for property at 73 Swan Avenue, Old Lyme, Ct, with the modifications specified. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney Opposed: None Abstaining: J. Johnson The motion passed. 3-0-1
2. 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 to GRANT was made by J. Johnson, seconded by P. Looney, as follows:
Whereas, the Zoning Commission has received an application for Special Permit approval to construct a six foot tall privacy fence along the north side of the house on property located at 30 Lyme Street, the property of Anthony Kornacki and Lee Ann Molenaar;
Whereas, the Zoning Commission has held a duly noticed public hearing on May 13, 2013, and the commission has had an opportunity to hear testimony from citizens of Old Lyme and from the applicant; and
Whereas, the proposed activity is permitted by Special Permit under the Old Lyme Zoning Regulations Section 7.4.2 (b); and, because the Commission finds that there are special circumstances of the property, the Commission determines that a fence taller than four (4) feet in height is appropriate in the location proposed. The Commission also finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13A and 13B of the Regulations with the following condition:
1. The fencing should not obstruct utility access to poles for repair and maintenance.
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:
a. to achieve safety, comfort, privacy and convenience;
b. to conserve as much of the natural terrain and provide for vegetation on the site to the extent practical;
c. a 6 foot high fence that will reduce light trespass and noise from traffic;
d. a 6 foot high fence that will provide necessary privacy;
e. will not interfere with sight lines;
to be in architectural harmony with the surrounding area;
to protect nearby residential and preservation areas;
Whereas, the Zoning Commission has received Certificate of Appropriateness from the Old Lyme Historic District Commission for this fence location and design;
And whereas, the Commission has deliberated and considered the evidence presented at the hearing as well as the input of its staff and professional consultants;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for a Special Permit to construct a six foot tall privacy fence as proposed along the north side of the house on property located at 30 Lyme Street, the property of Anthony Kornacki and Lee Ann Molenaar. Discussion: A consensus of the Commission determined that if the fence needed to be moved for utility access, the ZEO can modify the placement of the fencing. No further discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, P. Looney Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
3. Special Permit Application to create an accessory apartment on property located at 4 Millers Way, Kara Berry, applicant/owner.
A Motion was made by J. Johnson, seconded by P. Looney to receive the Special Permit Application for 4 Millers Way, Kara Berry, applicant/owner and set a Public Hearing for Monday, June 10, 2013. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, P. Looney Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
4. Special Permit Application to permit a dance center on property located at 19 Halls Road, Unit 106, The Dance Center, LLC d/b/a The Dance Center of Old Lyme applicant.
A Motion was made by J. Johnson, seconded by J. Marsh to receive the Special Permit Application for 19 Halls Road, Unit 106, The Dance Center, LLC d/b/a The Dance Center of Old Lyme applicant and set a Public Hearing for Monday, June 10, 2013. No discussion and a vote was taken. In favor: J. Cable, J. Johnson, J. Marsh Opposed: None Abstaining: None The motion passed. 3-0-0
5. Modification of building design for the clam shack to accommodate kitchen exhaust vent at 218 Shore Road, Big Green Outdoor, LLC.
The applicant discussed the change in the exhaust vent for the clam shack. The Zoning Commission did not have an issue with the new placement of the vent.
6. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting of April 8, 2013
A Motion was made by J. Johnson, seconded by P. Looney to APPROVE the Minutes of the Public Hearing and Regular Meeting of April 8, 2013 as submitted. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney Opposed: None Abstaining: J. Johnson The motion passed. 3-0-1
7. Any new or old business
8. Correspondence –
An e-mail dated April 27, 2013 to Jane Cable, Chairman regarding the ZEO’s interpretation of the Zoning Regulations with respect to wheels being attached to an accessory structure – Request was withdrawn
9. Zoning Enforcement Report
10. Miscellaneous/Adjournment
A Motion was made by J. Johnson, seconded by P. Looney to adjourn the May 13, 2013 Regular Meeting. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, P. Looney. 4-0-0 The motion passed unanimously and the meeting adjourned at 9:15 p.m.
Jane Cable, Chairman
NEXT MEETING OF THE ZONING COMMISSION IS JUNE 10, 2013,
7:30 P.M., AUDITORIUM, 52 LYME STREET, OLD LYME, CT
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