RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
MONDAY – December 9, 2013, 7:30 P.M.
Auditorium of Memorial Town Hall
52 Lyme Street, Old Lyme, CT
1. Convene Meeting; announcement of voting members. Present: Jane Cable, Chair, John Johnson, Vice Chairman , Jane Marsh, Secretary, Tom Risom, regular member and Pat Looney, regular member.
Also present were Ted Kiritsis, alternate, Joan Bozek, Alternate (arrived at 7:35), Harland Frazier, alternate and Ann Brown, Zoning Enforcement Officer.
PUBLIC HEARING:
1. Special Permit Application to permit a master suite addition to the first floor of an existing structure on a nonconforming 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.
A Motion was made by P. Looney, seconded by J. Johnson to CLOSE the Public Hearing on the Special Permit Application to permit a master suite addition on property located at 33 Brightwater Road, Paul Graml, owner/applicant. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom, J. Johnson, P. Looney Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
REGULAR MEETING:
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.
A Motion was made by P. Looney, seconded by J. Johnson to approve with a condition the Site Development Plan Modification Application;
Whereas, the Zoning Commission has received an application for Site Development Plan Modification dated November 11, 2013 and consisting of: the application, a statement of use and project description, abutter list, copy of Legal Notice of Decision for variances granted by the ZBA on October 15, 2013, Plot Plan entitled “Proposed renovation for: Black Hall Marina 132 Shore Rd. Old Lyme, CGT. Dated 9-3-13 revised 11-11-13, sheet S1 prepared by Michael Girard, Licensed Professional Engineer” and building design sheet entitled “Proposed renovation for: Black Hall Marina 132 Shore Road Old Lyme, CT dated 7-24-13, revised 8-28 2013, 9-3-2013 and 11-11-2013 sheet A2, Building Designed by Gerry Karpuska”.
Whereas, the Zoning Commission has held a duly noticed public hearing on December 9, 2013 and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and the applicant; and
Whereas, the Zoning Board of Appeals has granted at its October 15, 2013 Regular Meeting, the necessary variances to allow the removal of a portion of the front of the existing main building and construct a 2 story addition to the rear of it which will be FEMA flood compliant and to renovate and construct a small addition to the accessory building;
Whereas, the proposed use is permitted under the Old Lyme Zoning Regulations, Section 5.9.2, 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 condition:
1. Letter from Sonia Marino, Sanitarian with approval which is “based on maintaining 15’ between the existing sub-surface sewage disposal system and the new addition. The soil testing that was performed on August 7, 2013 demonstrated no naturally occurring soils over a restrictive layer. Therefore, the approval is for a non-flow generating building addition which has been determined.”
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 Florence Chmiel for the Site Development Plan Modification application for property at 132 Shore Road, Old Lyme, CT, with the condition specified. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom, J. Johnson, P. Looney Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
2. Special Permit Application to permit a master suite addition to the first floor of an existing structure on a nonconforming 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.
A Motion was made by J. Marsh, seconded by P. Looney to approve with a condition the Special Permit Application;
Whereas, the Zoning Commission has received a Special Permit Application dated November 4, 2013 consisting of a statement of use, abutter list, photos of the premises, deed, zoning statistics, site plan of proposed addition to residence of Paul & Maura Graml 33 Brightwater Road Old Lyme, CT 06371 dated October 11, 2013, revised November 19, 2013 prepared by J.W. Flower and property survey titled “Map Depicting Lots 112 & 113 “Old Lyme Shores” prepared for and property of Paul C. Graml 33 Brightwater Road Sheet 1 of 1 Date: April 16, 2001, scale 1 inch = 10ft. prepared by Hendriks Associates, LLC;
Whereas, the Zoning Commission has held a duly noticed public hearing on December 9, 2013, and the Commission has had an opportunity to hear testimony from the public and from the applicant; and
Whereas, the proposed enlargement is allowed by Special Permit under section 9.1.3.2 of the Old Lyme Zoning Regulations, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions of this section:
- there is no new nonconformity, nor increase in any existing nonconformity, with respect to setback, coverage, and other Bulk requirements; and
Whereas, the Commission has considered:
a. the density or intensity of the Lot and the surrounding area, including the area and topography of the Lot, its coverage by Buildings, the height and volume of such Buildings, the number of Dwelling Units or bedrooms, and the ratio of impervious surfaces;
b. the natural resources on the Lot and in the vicinity of the Lot which may be adversely impacted;
c. the access to the Lot, including whether access roads are public or private, their surface condition, width, grade, flood hazard, drainage, existing traffic volume, and suitability for increased traffic or population to be served;
d. Access to the existing or proposed Building(s) or Structure(s) on and Abutting the Lot for emergency vehicles and public safety personnel;
e. the character of the neighborhood, including the scale of other Buildings or Structures in the area, the streetscape, impact on marine or coastal vistas as viewed from public Streets or other public viewing areas;
f. privacy, light, and air for the subject Lot and Abutting Lots;
g. increased effluent disposal volumes, the condition of the existing septic system on the Lot, and the impact on potential future repair or expansion of any such septic system; and
Whereas, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions of Section 13A and Section 13B of the Regulations with the following modifications required to be added to the final plan:
1. Survey showing the proposed location of the addition and the location and size of the existing garage.
2. An as-built survey of the constructed addition in its approved location, prepared by a licensed land surveyor is to be submitted to the Town to verify compliance with approved plans.
3. Revised survey shall be submitted with the proposed addition shown on the plan and
one foot behind the setback, with the front setback shown as 25’.
4. Terrace shall be modified so that it is at least 15’ from the rear building line.
5. Pursuant to the Sanitarian’s letter, the approval is based on properly abandoning a row
of leaching system that will be too close to the new building addition. A licensed
installer is required to install a new section of leaching system in accordance with the CT Public Health Code On-site Sewage Disposal Systems. Mark Peterson licensed
installer (#005631) has applied for a permit to construct. Approval has been granted
based on a confirmation test hole required before system installation.
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 for a Special Permit Application dated November 4, 2013, for a master suite addition, at 33 Brightwater Road, Old Lyme, CT, Paul Grmal, applicant with the condition specified. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom, J. Johnson, P. Looney Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
3. Special Permit Application to permit construction of a storage shed at 36 Springfield Road [vacant lot] in accordance with Section 9.1.3.2 of the Zoning Regulations, Jack Mut, property owner. Receive and set a public hearing.
A Motion was made by J. Johnson, seconded by T. Risom to receive the Special Permit Application for 36 Springfield Road, Jack Mut and set a Public Hearing for Monday, January 13, 2014. 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
4. Petition to Amend the Zoning Regulations, Section 14.5.1~(amended wording in bold): 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. Public Hearing scheduled for January 13, 2014
5. Petition to Amend the Zoning Regulations, Section 5.12.3 Light Industry LI-80 District (LI), Special Permit Uses, Per Section 13B to include “Governmental Services buildings”, Town of Old Lyme Zoning Commission, Petitioner. Public Hearing scheduled for January 13, 2014
6. Release of Bond Request dated November 19, 2013 from Henry Resnikoff, a member of Lyme Academy Apartments, LLC – Not ready to release at this time
7. Approval of Minutes
– Minutes of the Public Hearing and Regular Meeting of October 16, 2013
A Motion was made by T. Risom, seconded by J. Marsh to APPROVE as amended the Minutes of the Public Hearing and Regular Meeting of October 16, 2013 with the following amendment: : page 8, item 8 Correspondence, number 2 to read “She indicated that it would be sufficient to distribute the letter to each Commission member rather than read it aloud.” No further discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom In opposition: None Abstaining: J. Johnson, P. Looney The Motion carried 3-2-0
– Minutes of the Regular Meeting November 13, 2013
A Motion was made by J. Johnson, seconded by J. Marsh to APPROVE as amended the Minutes of the Public Hearing and Regular Meeting of November 13, 2013 with the following amendment: page 6, first paragraph, change “their” to “they’re” to read “the owner indicates they will be removed and they’re not but some are”. No further discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, P. Looney In opposition: None Abstaining: T. Risom The Motion carried 4-1-0
8. Any new or old business – Preliminary discussion, Bruce Baratz, consider including “Arbors” in section 7.4.2 Fences, Walls and Terraces – No resolution at this time
– 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 – No new text presented at this time
– Election of Officers – tabled until the January 13, 2014 Regular Meeting
9. Correspondence – E-mail dated December 6, 2013 from Ms. Janet Lage with attachments.
10. Zoning Enforcement Report
11. Miscellaneous/Adjournment
A Motion to adjourn was made by J. Johnson, seconded by T. Risiom. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Risom, P. Looney In opposition: None Abstaining: None The Motion carried 5-0-0 The meeting adjourned at 9:03 p.m.
Jane Cable, Chairman
NEXT MEETING OF THE ZONING COMMISSION IS
MONDAY, JANUARY 13, 2014,
7:30 P.M., AUDITORIUM, 52 LYME STREET, OLD LYME, CT
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