AMENDED RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – September 9, 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, Jane Marsh, Secretary, John Johnson, Vice Chairman Tom Risom (Regular Member arrived at 7:36 p.m.) and Pat Looney (Regular Member)
Also present: Ted Kiritsis (Alternate), Harland Frazier (Alternate) Joan Bozek (Alternate arrives at 7:38) and Ann Brown, Zoning Enforcement Officer
CONTINUED PUBLIC HEARING:
1. Modification to a Site Development Plan, 458 Shore Road, to add a two bedroom apartment to the warehouse building, Mark J. Brett, applicant.
A Motion was made by J. Johnson, seconded by T. Risom to CLOSE the Public Hearing on the Modification to Site Development Plan, 458 Shore Road, Mark J. Brett, applicant. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Risom, P. Looney Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
PUBLIC HEARING:
1. Special Permit Application to permit two greenhouses (totaling 5,100 +/- s.f) for agricultural use on property located at 15-1 Tantummaheag Road, which is in the Connecticut River Gateway Conservation Zone, Walker Potts, applicant/owner. [P. Looney recused himself]
A Motion was made by T. Risom, seconded by J. Johnson to CLOSE the Public Hearing on the Special Permit Application for 15-1 Tantummaheag Road, Walker Potts, applicant/owner. 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
REGULAR MEETING:
1. Modification to a Site Development Plan, 458 Shore Road, to add a two bedroom apartment to the warehouse building, Mark J. Brett, applicant.
A Motion was made by P. Looney, seconded by T. Risom to APPROVE the Modification to the Site Development Plan for 458 Shore Road to add a two bedroom apartment to the warehouse building.
Whereas, the Zoning Commission has received an application approval of a Modification to a SitePlan consisting of: Site Development Plan Modification Application dated July 3, 2013 with abutter list, Statement of Use, estimate of cost and deed. Also Site Development Plan Property of Mark J. Brett & Matthew B. Fleisher Four Mile River Road & Shore Road – Conn. Route 156 Old Lyme Connecticut dated May 13, 2005, Scale 1” = 20’ revised 6/9/05, 6/5/06 add proposed
evergreens 6/8/06 Dumpsters, Fence 5-23-13 Add apartment prepared by Angus McDonald/Gary Sharpe & Associates, Inc. and a one page drawing of floor plans and elevations for Brett’s Family
Apartment by E. Kelsy Wisniewski Architect Graduate Student University of Hartford; Four pages - 2 consisting of plan calculations and 2 from Vision Appraisal print out; First and Second Floor Plans received 8/6/2013; Site Development Plan Property of Mark J. Brett & Matthew B. Fleisher Four Mile River Road & Shore Road – Conn. Route 156 Old Lyme Connecticut dated May 13, 2005, Scale 1” = 20’ revised 6/9/05, 6/5/06 add proposed evergreens 6/8/06 Dumpsters, Fence 5-23-13 Add apartment further revised to 8/5/13 review comments, prepared by Angus McDonald/Gary Sharpe & Associates, Inc.; and Site Development Plan Property of Mark J. Brett & Matthew B. Fleisher Four Mile River Road & Shore Road – Conn. Route 156 Old Lyme Connecticut dated May 13, 2005, Scale 1” =
20’ revised 6/9/05, 6/5/06 add proposed evergreens 6/8/06 Dumpsters, Fence 5-23-13 Add apartment, 8-5-13, rev comments 8-19-13, 9/3/13 prepared by Angus McDonald/Gary Sharpe & Associates, Inc.;
Whereas, the Zoning Commission has held a duly noticed public hearing on August 12, 2013 and September 9, 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 (dwelling unit) is permitted under the Old Lyme Zoning Regulations section 5.10.1, and 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 conditions to be added to the approval:
1. there will be no equipment/outside storage allowed as noted on the original plan;
2. the modification will be for the use proposed: owner occupancy; and
3. no requirement for construction of additional parking at this time.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13A, 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 to Mark J. Brett for the Site Plan Modification application for property at 458 Shore Road, Old Lyme, CT, with the conditions specified. No further discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Risom, P. Looney Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
2. Special Permit Application to permit two greenhouses (totaling 5,100 +/- s.f) for agricultural use on property located at 15-1 Tantummaheag Road, which is in the Connecticut River Gateway Conservation Zone, Walker Potts, applicant/owner.
A Motion was made by J. Marsh, seconded by J. Johnson to APPROVE the Special Permit Application to permit two greenhouses (size modified to 3,720 s.f.) for agricultural use on property located at 15-1 Tantummaheag Road.
Whereas, the Zoning Commission has received an application for Special Permit approval, Special Permit Application dated July 25, 2013 with abutter list, statement of use, portion of map locating greenhouses, map entitled “Parcel History/Property Survey Map Depicting Properties of GRC Associates Realty Partnership & GRC Associates Old Lyme Realty Limited Partnership Tantummaheag Road, Old Lyme, Connecticut. Dated September 1, 2005 revised 2-10-06 reviewing engineers comments addressed, revised 3-15-06 additional reviewing engineers comments addressed. Sheet 1 of 1. Prepared by Hendriks Associates, LLC.” And drawings prepared by ALLCADD Drafting Design Services dated 7-14-13 showing elevations & sections of plans for Walker Potts Riverview Estates Greenhouse, Sheet 1 of 2;
Sheet 2 shows floor plan and foundation; and
Whereas, the Zoning Commission has held a duly noticed public hearing on September 9, 2013, and the Commission has had an opportunity to hear testimony both from citizens of Old Lyme and the applicant; and
Whereas, the proposed structures (two greenhouses) require the approval of a Special Permit under the Old Lyme Zoning Regulations Section 4.10.12 because the Floor Area of the structures on the site will exceed 4,000 sf,;
Whereas, the Commission has considered the following conditions, and the Commission has concluded that:
1. Proposed site development shall maintain the essential natural characteristics of the site, such as major land forms, natural vegetative and wildlife communities, hydrological features, scenic qualities and open space that contributes to a sense of place.
2. Structures shall be adapted to the existing terrain, rather than altering the earth form to create a platformed development site.
3. Structures located above the crest of hillsides facing the river shall be held back from the crest of the hill to maintain a clear sense of the hillside brow in its natural condition.
4. Architectural elements shall not be overemphasized in a manner which disrupts the natural silhouette of the hillside. Structures shall be designated so that the slope of the angle of the roof pitch is generally at or below the angle of the natural hillside or manufactured slope.
5. Building forms shall be scaled to the particular environmental setting to avoid excessively massive forms that fail to enhance the hillside character. Massing of structural elements such as large roof areas shall be broken up to approximate natural slopes.
6. Roof lines shall relate to the slope and topography. Rooftop treatment shall be designed to avoid monotony of materials, forms and colors. Dark-colored roof treatments, which reduce visual impact on the structure of the landscape are preferred.
7. Site design shall preserve the existing natural landscape where possible and include new landscaping which is compatible with existing natural vegetation, the scenic character of the area, and increases visual buffering between the building and the River or its tributaries within the Conservation Zone.
8. Development shall be located so as to minimize the disturbance of sensitive areas. The smallest practical area of land should be exposed at any one time during development and the length of exposure should be kept to the shortest practical time. Disturbed areas shall be replanted with non-invasive trees, shrubs and ground cover species which are compatible with existing vegetation.
9. Site grading shall avoid straight and unnatural slope faces. Cut and fill slopes shall have curved configurations to reflect as closely as possible the forms and shapes of surrounding topography. At intersections of manufactured and natural slopes, abrupt angular intersections should be avoided, and contours should be curved to blend in with the natural shape; and
Whereas, the Commission makes the following findings concerning this proposal:
a. Proposed structures and site work have been designed to fit the hillside rather than
altering the hillside to fit the structure and site design.
b. Disturbance to existing topographic forms is minimized and proposed grading and
excavation will not result in soil erosion and silting of lower slopes.
c. The proposed development retains or enhances the visual character of the site and
the area by utilizing proper structural scale and character, varied architectural
treatments and appropriate plant materials to buffer the mass of the building from
the Connecticut River or its tributaries within the Conservation Zone.
d. The proposed design preserves or enhances significant natural features and
maintains or restores the natural and traditional character of the river scene.
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 to Walker Potts for the Special Permit application for property at 15-1 Tantummaheag Road, Old Lyme, CT, with the condition that the treed area between the new structures and the Connecticut River is maintained. 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
[T. Risom leaves at 9:06 and T. Kiritsis is seated for the remainder of the meeting]
3. Release of Bond Request from The Old Lyme Country Club, 35 McCurdy Road – no discussion
4. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting of July 8, 2013
A Motion was made by J. Bozek, seconded by J. Marsh to APPROVE the Minutes of the Public Hearing and Regular Meeting of July 8, 2013 as submitted. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Bozek Opposed: T. Kiritsis Abstaining: J. Johnson The motion passed. 3-1-1
– Minutes of the Public Hearing and Regular Meeting of August 12, 2013 [next month]
5. Any new or old business
6. Correspondence
7. Zoning Enforcement Report
8. Miscellaneous/Adjournment
A Motion was made by J. Johnson, seconded by P. Looney to adjourn the June 10, 2013 Regular Meeting. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, P. Looney, T. Kiritsis. 5-0-0 The motion passed unanimously and the meeting adjourned at 9:38 p.m.
Jane Cable, Chairman
NEXT MEETING OF THE ZONING COMMISSION IS WEDNESDAY, OCTOBER 16, 2013,
7:30 P.M., AUDITORIUM, 52 LYME STREET, OLD LYME, CT
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