OLD LYME ZONING COMMISSION
PUBLIC HEARING
Monday, May 13, 2013
The Old Lyme Zoning Commission held a Regular Hearing 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 Public Hearings to order at 7:33 p.m.
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.
Chairman Cable noted that this public hearing was continued from April so that the Commission could get clarification from counsel on a few items. Ms. Brown explained that the Commission wanted to be sure that there was adequate notification to neighbors as to what the entirety of the proposal and whether the previously granted variance allowing the height increase to 27.5 feet could be considered by the Commission without requiring the applicant to comply with 9.4.d which states that the Commission cannot approve any new nonconformities. She stated that Attorney Branse’s response was that as long as the house is not demolished entirely, the variance can be used to allow the Commission to approve the application; and as long as the house is not demolished entirely, the public notice was adequate.
Ms. Brown distributed several copies of Attorney Branse’s two letters to the Commission which the Commission took a few minutes to read.
Chairman Cable stated that she believes the Commission also asked to see the plans that the Zoning Board of Appeals approved. She stated that she thinks that the Commission’s action should mirror the Zoning Board of Appeals’ approval. She read a portion of the ZBA minutes for the record.
Ms. Brown stated that her understanding of the current application was not that the house was to be demolished, which is why the legal ad did not reflect demolition. She noted that demolishing the house certainly was discussed at last month’s public hearing. Chairman Cable stated that the Zoning Board of Appeals did not discuss demolition either. She reiterated that the application to Zoning did not request demolition. Mr. Flower stated that they will not demolish the house, but rather lift the house. Ms. Brown stated that the applicant has submitted a letter indicating such for the record.
Mr. Flower stated that the additions they are requesting are all conforming and they have already obtained a variance for the height.
Ms. Brown asked the applicant to acknowledge that if the application is approved he will be raising the height to the FEMA requirements of today and in another month or so the house will not be flood compliant and it will impact his flood insurance rates. Mr. Brocki stated that he understands that and noted that he only had 4 inches of water in the house and they are raising the house 3.5 feet. Ms. Brown stated that her comment is not directed at protection from damage, but to protect them from the expense of flood insurance, as FEMA has said that they are raising the rates considerably for houses that are not flood compliant.
Hearing no further comments, Chairman Cable asked for a motion to close the Public Hearing.
A motion was made by Jane Marsh, seconded by Pat Looney and voted unanimously 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. (Mr. Johnson did not vote on this application.)
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.
Ms. Marsh read the legal ad for all the Public Hearings, as published in the New London Day on Tuesday, April 30 and Tuesday, May 7, 2013. She read the exhibit list for the record.
Mr. Anthony Kornacki explained that they are on the corner of Beckwith Lane and Lyme Street. He explained that they would like to place the fence on the side of the property that borders Beckwith. Mr. Kornacki stated that they would like privacy from the road. He noted that the property is small and lacks privacy on all sides.
Ms. Brown noted that the front setback from Beckwith Lane is 45 street because of the narrow street regulation; she noted there is no yard where he could put a six foot fence and meet the setbacks. Mr. Kornacki stated that the fence would not block the line of sight at the stop sign on Beckwith Lane. He indicated that it would be a lattice type fence. Ms. Marsh noted that CL&P does not usually allow anyone to put anything within 10 feet of a pole. She urged Mr. Kornacki to check with CL&P before installing the fence as it looks like it might be in their area of operation.
Mr. Kornacki stated that the Certificate of appropriateness from the Historic District Commission is part of the file.
It was noted that Mr. Kornacki turned in his green card receipts from the abutter notifications.
No one present spoke in favor of or against the application. Hearing no further comments, Chairman able asked for a motion to close the Public Hearing.
A motion was made by John Johnson, seconded by Pat Looney and voted unanimously to close the Public Hearing on the Special Permit Application for 30 Lyme Street, Anthony Kornacki and Lee Ann Molenaar, owners.
Chairman Cable adjourned the Public Hearing at 8:20 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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