OLD LYME ZONING COMMISSION
REGULAR MEETING
Wednesday, November 13, 2013
The Old Lyme Zoning Commission held a Regular Meeting on Wednesday, November 13, 2013, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present were: Jane Cable, Chairman, John Johnson, Vice Chairman, Jane Marsh, Secretary, and Ted Kiritsis, Alternate.
Also present: Ann Brown, Zoning Enforcement Officer.
Chairman Cable called the meeting to order at 7:32 p.m. She noted that Mr. Kiritsis would be seated. Chairman Cable immediately recessed the Regular Meeting to conduct the Public Hearing.
1. Site Development Plan Modification Application to allow the removal of a portion of the front of the existing main building and construct a two story addition to the rear which will be FEMA flood compliant and to renovate and construct a small addition to the accessory building as shown on the plan on property located at 132 Shore Road, Black Hall Marina & Outfitters, Florence Chmiel, owner; Gerry Karpuska, applicant.
Ms. Brown noted that the application is for a modification to the site plan in the WF-20 Zone. She noted that it is a marine facility and is permitted by Site Plan and no public hearing is required; it is up to the Commission. Mr. Karpuska explained that the existing site plan. He noted that they would like to raise the existing main building and construct a two story rear addition to meet FEMA flood regulations. He noted also that there will be a handicap ramp and a deck which will hold the a/c compressors and the propane tank in order to house it above the minimum flood elevation. Mr. Karpuska pointed out four new parking spaces and noted that all the paving already exists.
Mr. Karpuska noted that they will be raising the floor of the accessory building four feet and thereby raising the walls and roof. Mr. Johnson questioned how tall the building would be. Mr. Karpuska stated that it would be at elevation 12 and noted that the accessory building does not have to meet the minimum flood elevation. He explained that the structure is used for storage of kayaks and that type of thing. Mr. Karpuska noted that there would be no occupancy of the accessory structure. Mr. Johnson questioned whether any dredging has been done. Mr. Karpuska replied that they have not dredged recently and he knows of no plans to do so in the future.
The Commission discussed whether to hold a Public Hearing on this application and it was decided that because the neighbors have already been notified through other hearings that the Zoning Commission would not require a Public Hearing.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to review the Site Development Plan Modification Application at the December 9, 2013 meeting and to not hold a public hearing.
2. Special Permit Application and Municipal Coastal Site Plan Review Application to permit a shed addition to an existing barn on property in the Connecticut River Gateway Conservation Zone, where the structures are in excess of 4,000 square feet in floor area, 12 Ferry Road, Martha K. Withington, owner; James Plyler, applicant.
James Plyler, applicant, explained the application to the Commission. He explained that one cannot see the water from this property. Mr. Plyler noted that the property is located next door to Lyme Regis and in one of the photos he is standing near Lyme Regis and the water is not visible. Mr. Plyler explained each photograph he provided. He indicated that Ms. Withington would like to construct a squash court and the existing barn is just a few feet two short in both width and length to fit the court inside. He explained that the barn makes up much of the square footage of buildings on the property and noted that the house is not overly large, bringing the total square footage to over 4,000 square feet. Mr. Plyler noted that they will need a setback variance to allow the
addition.
Ms. Brown pointed out that a variance from the Zoning Board of Appeals will be required. Chairman Cable acknowledged this and noted that the public would have an opportunity to weigh in at that Public Hearing. Ms. Marsh stated that there is no impact on the riverway.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to approve as follows:
Whereas, the Zoning Commission has received an application for an Exception, in accordance with Section 4.10.12.1 of the Zoning Regulations, from requiring the Special Permit for shed addition to an existing barn in the Connecticut River Gateway Conservation Zone, where structures are in excess of 4,000 square feet on property located at 12 Ferry Road;
Whereas, the Zoning Commission has evaluated the plan submitted and has concluded that the proposed addition will not be visible from the Connecticut River.
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to the exception, in accordance with Section 4.10.12.1 of the Zoning Regulations, from requiring the Special Permit for a shed addition to a barn in the Connecticut River Gateway Conservation Zone at 12 Ferry Road, Martha K. Withington, owner.
3. Special Permit Application to permit a master suite addition to the first floor of an existing structure on a nonconfoming lot (8,000 s.f.) in accordance with Section 9.1.3.2 of the Zoning Regulations on property located at 33 Brightwater Road, Paul Graml, owner/applicant.
Ms. Brown noted that the applicant is not present; the application is for receipt and to set a Public Hearing.
A motion was made by John Johnson, seconded by Ted Kiritsis and voted unanimously to receive the Special Permit Application for 33 Brightwater Road, Paul Graml and set a Public Hearing for Monday, December 9, 2013.
4. Special Permit Application to permit an addition of approximately 750 square feet on the southeast side of an existing single family residence on property in the Connecticut River Gateway Conservation Zone, where the structures are in excess of 4,000 square feet in floor area, 1 Beaulieu Road (a/k/a 311-1 Ferry Road), Edward P. and Carol C. Farman, owners; Jane Siris, Architect, applicant.
Jane Siris, Architect, was present to explain the application. She stated that the house is 4,000 square feet and they would like to add a 750 square foot first floor addition. Ms. Siris pointed out the house on the survey and presented photographs. She explained that on each photograph she locates the Baldwin Bridge as a reference point, noting that one cannot see the water from the house. Ms. Siris noted that the addition will be on the south side of the house and lower than the existing house. She noted that this is shown on the elevation drawings.
Ms. Siris stated that the spirit of the law is that the structure is not visible from the river and beyond that there is a deed restriction stating that nothing can be built above the 60 foot contour and there is a 100’ contour in front of the house. She noted also that the house is 200 feet back from the river. Ms. Siris stated that there are trees that also protect the view.
Ms. Siris explained that the homeowners are in their 60’s and would like a master suite on the first floor. Ms. Marsh stated that it has been demonstrated that the structure will not be seen from the Connecticut River.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to approve as follows:
Whereas, the Zoning Commission has received an application for an Exception, in accordance with Section 4.10.12.1 of the Zoning Regulations, from requiring the Special Permit for an addition to an existing residential structure in the Connecticut River Gateway Conservation Zone, where the structure is in excess of 4,000 square feet on property located at 1 Beaulieu Road (a/k/a 311-1 Ferry Road);
Whereas, the Zoning Commission has evaluated the plan submitted and has concluded that the proposed addition will not be visible from the Connecticut River.
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to the exception, in accordance with Section 4.10.12.1 of the Zoning Regulations, from requiring the Special Permit for the addition to an existing residential structure in the Connecticut River Gateway Conservation Zone at 1 Beaulieu Road (a/k/a 311-1 Ferry Road), Edward P. Farman and Carol C. Farman, owners.
5. Petition to Amend the Zoning Regulations, Section 14.5.1 Spacing from House of~Worship or School. No Building, other Structure or Premises shall be Used as a liquor establishment if any entrance to such liquor establishment is located within 200 feet or less radius from a property containing a House of Worship or school building provided, however, that a Building, Structure or Premises is eligible to be used as a liquor establishment within such distance if the House of Worship or school was erected on such property after the lawful commencement of the liquor establishment Use. The spacing requirements from a House of Worship shall not apply to establishments having a grocery store permit for the sale of beer only, Assif Choudhry, Petitioner.
Chairman Cable stated that as a result of last month’s discussion, there is a petition to amend the regulations to change the means of measurement and decreases separation between grocer liquor permits and separation of grocery liquor permits from houses of worship. Ms. Brown suggested holding the Public Hearing in January.
A motion was made by John Johnson, seconded by Jane Marsh and voted unanimously to accept the Petition to Amend the Zoning Regulations, Section 14.5.1, to add “The spacing requirements from a House of Worship shall not apply to establishments having a grocery store permit for the sale of beer only.” Assif Choudhry, Petitioner, and set the public hearing for January 13, 2014.
6. Release of Bond Request from The Old Lyme Country Club, 35 McCurdy Road
Ms. Brown stated that the Wetlands Commission voted to release their part of the bond as they are satisfied with the corrections to the work in the area of the Wetlands, as is she. Ms. Brown noted that they have done the required plantings. She noted that there were two bonds, approximately $7,000.00 in total.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to release the bond held for The Old Lyme Country Club, 35 McCurdy Road.
7. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting
of October 16, 2013.
No action taken.
8. Any New or Old Business
Discussion of Section 21.1.4 of the Zoning Regulations and Special Permits in the R-10 District, Section 9.1.3.2 and the definition for calculation of floor area.
Ms. Brown noted that at last month’s meeting the Commission discussed changes that they would like to incorporate into the Zoning Regulations and Mark Branse has not been able to finish yet but plans to have them done for the December meeting.
Discussion of including Government Service Buildings in the LI-80 District.
Ms. Brown noted that the Industrial Zone does not allow general Town Facilities. She noted that it was suggested that it be added because the Town garage is located there. Ms. Brown indicated that she asked Mark Branse about this and she read his reply to the Commission. Attorney Branse states in his letter that he recalls that the Commission at the time felt that they did not want to use the small amount of industrial land to include non-taxable uses such as Town facilities. He also points out that that doesn’t make much sense if the Town is already in the LI-80 Zone. He offered three solutions.
Chairman Cable stated that her first choice is to add Government Service Buildings to the industrial zone and her second choice would be to add a separate definition for Town Garage and add that to the list of approved uses in the LI-80 Zone. She indicted that she is not in favor of re-zoning the Town Garage property. Ms. Marsh stated that she would like to add Governmental Services Buildings to the allowed uses in the LI-80 District.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to accept a Petition Amend the Zoning Regulations to include Governmental Services buildings in the LI-80 District and to set a public hearing for January 13, 2014.
9. Correspondence - None
10. Zoning Enforcement
a. Zoning Enforcement Report
McCury Road – Ms. Brown noted that there is a shipping container being stored there. She indicated that the homeowner has indicated that he will remove it.
Chairman Cable stated that Ms. Lage will be before the Zoning Board of Appeals again this week regarding the shed on the neighboring property.
Ferry Road – Ms. Brown stated that a fence and an arbor was constructed higher than six feet. She indicated that he has reduced the height.
Mr. Kiritsis asked that Ms. Brown add the date the complaint was initially received so there is a trail over the time period the enforcements have been going on and put a date on all updates.
Chairman Cable stated that the Commission may want to discuss the number of vehicles allowed on a property whether they are registered or not. Ms. Marsh stated that she can have seven vehicles at her house when everyone is home. Ms. Brown stated that only allowing one unregistered vehicle should control the number of cars on a property. Chairman Cable stated that the Meadow Lane property has many vehicles and an auto repair business. Ms. Brown stated that she gets complaints from neighbors and photographs from them and the owner indicates they will be removed and their not or some are. She indicated that she sent a Cease and Desist to the property owner today.
b. Site Inspection Report
None
Ms. Brown announced that she will be retiring in January after 12 years with the Town of Old Lyme. The Commission expressed their appreciation for Ms. Brown’s years of service and discussed the possibly need of a Planner or access to a Planner after Ms. Brown retires.
11. Miscellaneous/Adjourn
The meeting adjourned at 8:45 p.m. on a motion by John Johnson; seconded by Ted Kiritsis and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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