OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, September 9, 2013
The Old Lyme Zoning Commission held a Regular Meeting on Monday, September 9, 2013, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present were: 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.
Chairman Cable called the meeting to order at 7:32 p.m. She immediately recessed the Regular Meeting to conduct the Public Hearing. The Regular Meeting reconvened at 8:44 p.m.
1. Modification to a Site Development Plan, 458 Shore Road, to add a two bedroom apartment to the warehouse building, Mark J. Brett, applicant.
Ms. Brown noted that she has prepared a motion for the Commission, but noted that it does not address the issue of reserve parking. Mr. Risom stated that he would make that a condition of the approval that the parking be installed. He indicated that it does not need to be paved, it can be pervious. Mr. Looney agreed and noted the nearby wetlands. Ms. Marsh stated originally approved a paved parking lot and did not require it to be built. She indicated that if the Commission tells him to build the parking he may construct a paved lot. Ms. Brown stated that she does not believe the original plans indicate the type of parking, only that it did not need to be constructed.
Ms. Brown noted that the nearby wetlands are tidal wetlands. Looking at the original site plan Chairman Cable noted that it is shown as gravel. Mr. Looney noted that there are two cars there during the day when they are working and the same two cars will remain overnight. Chairman Cable pointed out that employees park there also. Mr. Johnson pointed out that the employees’ cars will not be there at night. Mr. Looney noted that there will not be a parking increase. Ms. Brown stated that she has never seen too many cars or trucks on the site.
Chairman Cable noted that the applicant has indicated that the apartment will be owner occupied. Mr. Risom stated that it is impossible to enforce who lives in the apartment.
Mr. Risom stated that he would withdraw his suggestion that the parking be constructed. Chairman Cable stated that she would like a condition that states there will be no outside storage of equipment, as noted in the original site plan approval.
Ms. Marsh noted that the statement of use indicates that it is estimated that the owner and his wife will occupy the apartment, so it should be noted in the approval that the apartment will be owner occupied.
A motion was made by Pat Looney, seconded by Tom Risom and voted unanimously to approve the Modification to the Site Development Plan for 458 Shore Road to add a two bedroom apartment to the warehouse building, as follows:
Whereas, the Zoning Commission has received an application approval of a Modification to a Site Plan 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:
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.
2. Special Permit Application to permit two greenhouses measuring approximately 39’ x 61’ on property located at 15-1 Tantummaheag Road, which is in the Connecticut River Gateway Conservation Zone, Walker Potts, applicant/owner.
Ms. Marsh stated that the Commission has reviewed it to all the Gateway Standards. Chairman Cable questioned whether they should put in a requirement that there be no clearing riverward. Ms. Brown stated that the Commission should not prevent maintenance of those trees. Chairman Cable stated that only dead trees can be removed as necessary.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously 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, as follows:
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 conditions specified.
3. Release of Bond Request from The Old Lyme Country Club, 35 McCurdy Road
No action taken. Ms. Brown stated that the Wetlands Commission has held a site walk and there is additional work that needs to be completed. She noted that both the Wetlands Commission and the Zoning Commission are holding bonds. Ms. Brown stated that a guardrail still needs to be installed.
Mr. Risom left at this time and Mr. Kiritsis is now seated in his absence (9:06 p.m.).
4. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting
of July 8, 2013
Mr. Kiritsis stated that the minutes appear quite abbreviated. He indicated that he takes exception to Ms. Brown’s comment in the minutes where she states that the use keeps changing and so does Mr. Kiritsis’ complaints. He indicated that the minutes are correct.
A motion was made by Joan Bozek, seconded by Jane Marsh and voted to approve the Minutes of the Public Hearing and Regular Meeting of July 8, 2013 as submitted. The motion passed 3:1:1 with Mr. Johnson abstaining and Mr. Kiritsis voting against.
5. Any New or Old Business
None.
6. Correspondence
1. Letter dated August 15, 2013 to Ann Brown from Janet Lage regarding response
to Ann Brown’s letter of August 12, 2013 with respect to 50/52 Shore Road and
the definition of structure.
2. Letter dated September 9, 2013 to Mrs. Cable from Diane Mallory of 20 Lyme
Street regarding issues relating to the Historic District Commission’s oversight
responsibilities and an attached Memorandum to the Historic District regarding
the Expansion of the Chocolate Shell presented by neighbors.
7. Zoning Enforcement
a. Zoning Enforcement Report
Ms. Brown stated that Shoreline Sanitation has constructed a second building that was on their approved site plan.
41 Hatchetts Hill Road – Mr. Looney reported that there was close to 500 pages of documents and nothing current. He indicated that his furthest memory of the property is when it was Old Lyme Oil and then it became Wilcox who stayed a very short period of time. He indicated that approvals prior to Old Lyme Oil were very specific that all activities that were to occur on the property were to occur inside the building. He indicated that that was a concern of the Wetlands Commission. Mr. Looney stated that if there is a requirement that when the use changes the new use should be reviewed, then an application and a site plan should be brought to the Commission. He indicated that he believes the property should be brought into compliance by application to the Zoning
Commission. Mr. Looney stated that an application should also go to the Wetlands Commission for the outdoor activity. He noted that he did not inspect the property; he only reviewed photographs.
The Commission agreed that a Cease and Desist should be issued.
The Commission reviewed the list of current enforcements provided by Ms. Brown. Mr. Looney stepped into the audience because his address is listed on the report.
Ms. Bozek questioned whether there is any ongoing litigation. Ms. Brown indicated that there is, Shore Road.
Mr. Kiritsis requested dates on the report so that the individual enforcements can be tracked.
Mr. Looney asked to address the Commission regarding his property. He indicated that the issue has been ongoing for approximately eight years. He indicated that his vehicles are all registered with the exception of one, and he pays taxes on them. Mr. Looney stated that the neighbors that have been complaining have sent him to the DEP, the Attorney General’s Office, the State Fire Marshal’s Office and he has been cleared of all charges. He stated that he has been accosted by his neighbors. Mr. Looney stated that neighbors drive by his house on golf carts just to harass him. He indicated that one of his neighbors assaulted him and was arrested. Mr. Looney stated that he asked that the charges be reduced. Mr. Looney stated that he gets rid of items
when he doesn’t need them. He indicated that he put things on the corner this week and marked the items “free.” Mr. Looney stated that he is not doing anything wrong. Chairman Cable noted that neighbor disagreements are the worst. Ms. Bozek stated that she believes Mr. Looney is asking that the situation be clarified on the report. Mr. Looney stated that enough is enough and he would like his neighbors told that he is permitted to have the vehicles he has on his property.
Ms. Brown stated that the neighbors have stopped complaining to her because there is no zoning violation. She indicated that she is in receipt of a complaint that was forwarded by the Selectmen. Ms. Bozek suggested that the report indicate no violation as was done for others on the report. Ms. Brown indicated that she has not yet inspected the property.
Mr. Looney stated that he is having the one unregistered vehicle towed away, which he isn’t even required to do.
b. Site Inspection Report
None.
8. Miscellaneous/Adjourn
Ms. Marsh stated that the Legislature has decided that if a structure exists for three years, it stays forever. Ms. Marsh stated that the suit has to be brought within three years.
Chairman Cable stated that the letter on blue stationery is stating that the Commission made a problem when they said there could be no variance to the conditions of a Special Permit. She asked the Commission to think it over because it made a problem in the R-10 Zone for homes that have to be raised to meet FEMA. She noted that if there are any other variances required, the Zoning Board of Appeals cannot grant it because the Commission said they cannot.
Ms. Brown explained that she can issue a Zoning Compliance Permit for an addition on a nonconforming lot as long as it does not increase the nonconformity but held it back in the R-10 Zone. She stated that the size of structures are limited by the bulk standards and setbacks.
Chairman Cable stated that she thinks the Commission might want to consider an exception to the standard for homes that are being raised to meet FEMA. Mr. Johnson agreed.
Mr. Looney stated he believes the issue was applicants playing the two Commissions. Ms. Marsh stated that one cannot make an exception for homes being raised for FEMA because the Commission does not know how high they will be raised.
Ms. Brown stated that there are situations where a house must be raised and they cannot do it in compliance with the Zoning Regulations. Ms. Brown stated that the Regulations state that there can be no new nonconformities and no increase in nonconformities which is the problem. Ms. Marsh suggested making a change to the Zoning Regulations so that these type of applications stay with the Zoning Commission.
Ms. Marsh stated that the R-10 zone is different than the other zones because the lots are so small and what one does effects the others. She stated that it is the Zoning Commission’s job and the purpose is not to send everyone to the Zoning Board of Appeals. She noted that the Zoning Board of Appeals is only supposed to be giving people their constitutional rights.
The Commission asked Ms. Brown to write a regulation for their review. Ms. Brown pointed out that a house in the setback that needs to be raised to meet FEMA would require a variance for the new area being lifted into the setback. Ms. Marsh suggested that if the house is in the setback and needs to be raised to meet FEMA a Special Permit should be required, not a variance.
Chairman Cable noted that it is increasing a nonconformity. Ms. Bozek stated that she feels it is spot zoning. Ms. Marsh stated that requiring a special permit is not spot zoning. Ms. Bozek asked if the Commission can come up with non-discretionary rules. Ms. Brown suggested that it could be tied to the flood elevations.
Chairman Cable stated that the Commission can discuss this issue again next month. She noted that there are no public hearing scheduled for October.
The meeting adjourned at 9:38 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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