OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, May 13, 2013
The Old Lyme Zoning Commission held a Regular Meeting on Monday, May 13, 2013, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were Jane Cable, Chairman, John Johnson, Vice Chairman, Jane Marsh, Secretary and Pat Looney (Regular Member).
Also present: Ann Brown, Zoning Enforcement Officer.
Chairman Cable called the meeting to order at 7:32 p.m. She noted that all members present this evening would be voting, with the exception of the continued public hearing for which Mr. Johnson will not be voting. She immediately recessed the Regular Meeting to conduct the Public Hearing. The Regular Meeting reconvened at 9:20 p.m.
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.
Ms. Marsh indicated that it bothers her that the fence is right on the property line and that there is a telephone pole there. Mr. Johnson indicated that he feels the telephone pole is the applicant’s concern. Chairman Cable stated that Mr. Kornacki will have to deal with the CL&P on that issue. Ms. Marsh stated that the public utilities are for all the public and it is logical that a fence butted up to their telephone pole would be a problem. Ms. Brown stated that if it turned out that the fence needed to be three or five feet further from the property line, perhaps the Commission would allow her to review/approve the modification.
The Commission agreed to add a condition that the applicant should not obstruct CL&P maintenance of the pole and in such case that the fence needs to be removed, Ms. Brown can review/approve the modification of the fence for the Commission.
A motion to grant was made by John Johnson and seconded by Pat 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 and Ms. Brown may review and approve any required modification of the fence placement.
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;
f. to be in architectural harmony with the surrounding area;
g. 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.
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, applicants/owners.
Ms. Marsh stated that the issue is the demolition and using the ZBA variance and it has been stated many times that the applicant will not be demolishing the house.
Chairman Cable stated that the application is the same one that the Commission already approved and as Mark Branse pointed out, the Courts would expect that the Commission render the same decision unless there was a change to the application or the Regulations.
Chairman Cable stated that the proposal is an extreme improvement on the existing house as it will be a single family dwelling with all access to the second floor from the inside of the house. She noted that it is an improvement to the neighborhood.
Ms. Marsh stated that she would like Exhibit N to be superimposed on the plan and that Ms. Brown make notations in the file that the house is not to be demolished.
Mr. Looney questioned at what point does the Commission consider a house demolished, one wall, two walls, etc. Ms. Marsh stated that she does not want to see them tear down too much of it. Ms. Brown stated that the property owner wanted to renovate the house and make it nicer and he found that he could not do it without raising the house because of FEMA Regulations.
Chairman Cable stated that Attorney Branse recommended that the Commission reconsider their definition of ground level in the flood zone. Ms. Marsh stated that they are going to find that people throughout the beach areas need to raise their homes and they will have to be allowed to exceed the 24 foot height. Chairman Cable suggested that the Commission look at the Regulations in regard to height in the flood zones. Ms. Brown stated that the testimony was that the first floor is being demolished and the second and third levels were to remain.
A motion to grant was made by Jane Marsh and seconded by Jane 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. The motion carried 3:0:1, with Mr. Johnson abstaining.
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 John Johnson, seconded by Pat Looney and voted unanimously to receive the Special Permit Application for 4 Millers Way, Kara Berry, applicant/owner and set a Public Hearing for Monday, June 10, 2013.
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 John Johnson, seconded by Jane Marsh and voted unanimously 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.
5. Modification of building design for the clam shack to accommodate kitchen exhaust vent at 218 Shore Road, Big Green Outdoor, LLC.
Ms. Brown stated that there has been a change in the design of the exhaust vent for the clam shack. Scott Champlain, Big Green Outdoor, LLC, stated that when they went for the permits the Fire Marshal stated that it was no far enough off the ground and because it is a wooden structure it has to go out the roof. Mr. Champlain stated that they would like to place it in the center of the back wall.
Chairman Cable stated that they sometimes ask for architectural screening. Ms. Marsh noted that this one is far from the street and cannot be seen.
The Commission and applicant discussed the potential name of the main restaurant in great detail.
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, 2013
A motion was made by John Johnson, seconded by Pat Looney and voted to approve the Minutes of the Public Hearing and Regular Meeting of April 8, 2013 as submitted. Motion carried, 3:0:1, with Mr. Johnson abstaining.
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
Ms. Brown questioned whether Ms. Lage and Mr. Nixon indicated that they were not coming this evening or that they were never coming and the issue could be removed from the agenda. Chairman Cable noted that they are going to the Zoning Board of Appeals. Ms. Brown indicated that she is aware and indicated that she knew they had appealed.
Ms. Marsh stated that she does not think emails should be sent out to the members asking questions. Ms. Brown indicated that she has discussed this with Ms. Barrows and she will no longer be sending emails.
9. Zoning Enforcement
a. Zoning Enforcement Report
Ms. Brown noted that the Town has received $5,000 from Lenny’s plus approximately $1,000 in fines. She explained that they would like to have a take-out window, as the restaurant used to have one. Ms. Brown noted that she has a photograph from 1999 which shows a take-out window but at the time it changed hands the take-out window was removed and the floor plans show a table inside where the window was. Ms. Brown stated that Mr. Noe has indicated that when he owned the restaurant they did not have a take-out window. Ms. Brown stated that she has not approved the take-out window and has asked for more documentation.
Ms. Brown stated that she will address the pink sign that the Chocolate Shell puts out on the street.
Ms. Brown stated that there are many applications before her and the Zoning Board of Appeals for raising structures along the beach to meet the Flood Zone Regulations. She stated that there are some that are new construction that will need height variances. Ms. Marsh stated that the Zoning Commission should probably consider this in their Regulations. She stated that she does not want to penalize people. Ms. Brown stated that the basement floor area should not count in the flood zone because it can never be finished space. Chairman Cable stated that perhaps they should have a special zone designated, such as a shoreline district. All agreed this issue needs to be revisited in the Regulations.
b. Site Inspection Report
None.
Chairman Cable stated that she has the opportunity for one Zoning Commission member and their guest to attend a boat ride on June 13, 2013. She noted that it would be two hours up and down the river with a presentation from Gateway. Mr. Johnson indicated that he would like to attend.
10. Miscellaneous/Adjourn
The meeting adjourned at 9:15 p.m. on a motion by John Johnson; seconded by Pat Looney and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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