Free Statement of Material Facts - District Court of Connecticut - Connecticut

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Case 3:OO—cv—OOO97-EBB Document 108 21 Filed O2/QC/20 A Q - ;
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. OLD LYME ZONING COMMISSION
_ MINU"l`l·ZS OF SPECIAL MEETING i
·_ - · MONDAY, APRIL {0, lt}95 l z
P The Old Lyme Zoning Commission held a special meeting on Monday, April IO, 1995,
at the Lyme—Old Lyme High School. Members present: Eric Fries (Chairman), George james
_ e (Vice Chairmanhjane- Marsh (Secretary), Thomas Risom, Walter-Seifert and Sharon Colvin. _ . i
t · ‘ Others present were Marilyn Ozols (Zoning Enforcement Officer), Attorney David Royston, Q
judith R. Brown (Clerk Pro 'Fem}. and about T5 interested citizens. `
i U 1. Convene Meeting and Appoint Alternates. _ _
. Chairman Fries called the meeting to order at 6:10 PM and introduced all the members.
He appointed Walter Seifert asthe voting alternate. ` ·
. U I- 2. Public Hearing ~ Proposed Amendments Re: Construction of Year Round Use Dwellings
in RI O Zone and Conversion of Seasonal Dwellings to Year Round Use. ` - · g`
- A Public Hearing was held and separate Minutes were prepared for that hearing. _ 2
3. Proposed Aznenclments Re: Construction of Year Round Use Dwellings in RIO Zone and in
Conversion of Seasonal Dwellings to Year Round Use. _ _ i
I u Chairman Fries noted the Commission would- now discuss any comments or concerns _
brought up during the public hearing. Discussion followed relative to the designation made by ` _
th Zoning Enforcement Officer. Attorney Royston felt that the Commission could adopt an 2*
administrative policy rather than putting that directly into the regulation. I-le felt this would be
. a better way to handle this because if in the tiature any changes needed to be made, the policy §
could be changed without changing the regulation. There also was discussion about sending a - g
letter out prior to the actualdesignatiort being made which would trigger the appeal period. -
Ms. Ozols felt the letter should go out probably GO—9O days before the actual designation is
. made. The 30 day appeal period would then be triggered once the final designation is made.
Anyone appealing the designation would then go before the Zoning Board of Appeals. It was
decided the final designation should be sent to the homeowner by Certified Mail, Return I j
Receipt Requested, to the owner of the property as ofthe date of the notice at the address the l t
owner chose to use with the Town. Mr. james raised a concern that was brought to him about _
having the ZEO making these designations when she is not aware of the beach history. It was if
felt by some that perhaps a subcommittee should be formed to review these properties rather gi
than having it be a single individual. Chairman Fries noted that was a point well taken but felt Z
. A it would be better to-have one person making the decision and then anyone disagreeing with j :;
the decision could go before the Zoning Board of Appeals. Attorney Royston reiterated that an ` L
administrative policy should be in effect when the new regulation becomes effective. The _ i ;i
policy should cover: I) prior written notification to the landowner of the intent to designate a · · `
` certain propertyas a seasonal dwelling, 2) written notification should advise them specifically
· ofthe records that were reviewed to have that seasonal designatioryand 3) that the letter _
should also indicate to them that they have opportunity to speak with the ZEO in order to t · _
·_ - provide additional infomation prior to that finatdesignation. The administrative policy would
e be an internal document for the Zoning Commission. g
‘ .- Motion was made by Mr. Risom that the Old Lyme Zoning; Commission adopt the _ gg
amendmc nts to the Zoning Regulations proposed and heard at a series of Public llcarings
; ' i culminating on April EO, li3t3S to Section 21.2.4 and Zl,2.5 caasiny; renumbcring ot`2I.2.fl as
. 2t.2.€5 with the following minor modifications: references to the Connecticut tlnilorm tluilding r;
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Case 3:OO—cv—OOQ97-EBB Document 108 21 F1 o U M up nlun W I- an
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Old Lymc Zoning Commission
i April IO, 1995 — Special Meeting Minutes .
` Page Z - t i
" Code: to bc cornsctccl to thc right reference after dixussion with the Building Department of the
_ Town; and in Paragraph 21.2.5 (lo} thc second sentence shall read "...and notice ofsaid Q
i designation shall be sent by certified mail, return receipt requested, to the owner of said _
property as appears on the Town Asscssofs records, updated from the Land Records to tho date: E
of said mai1ing.";and additionally to amend Section 21.1.1, Schedule A—I - Permitted Uses 1n
Residence and Rural Districts - to _rqt`lect thc change attached to thc public itearingcxhibit. J
- This motion was seconded by Mr. james. VOTE: In Favor — Risom,jam¢s, Fries, Seifert.
Opposed — none. Abstaincd — Marsh. i
l Motion was made by Mr. Risom that the amendments to the Zoning Regulations
- previously discussed be made effective june 5, 1995, seconded by Mr. james. VOTE: in Favor — ; _
‘ Risom,jamos, Fries, Seifert. Opposed — none. Abstainocl ~ Marsh. ‘ - i
. - Chairman Fries thanked everyone For all their harcl work relative to the above. ` t
_ 4. Special Exception, CAM Application, Lyme Academy of Fine Arts, 84 Lyme Street, Map _
21, Lot 90, Proposed Addition, Receive Application. · i
U Motion was made by Ms. Marsh to accept the Lyme Academy of Fino Arts application T ·;
and set thc Public Hearing for the next meeting which is May 8, 1995, seconded by Mr. R1som, Z ;
a and unanimously approved. ` Q
‘ 5. CAM Application, 45 Hatchctt’s Point Road, Map 5, Lot 6, Proposed Rcvctincnt _ l
‘) Rehabilitation, Discussion. ; _
A Ms. Ozols noted a site inspection has been scheduled for Monday, April 24, 19-95, at
_ 5:30 PM. Everyone will meet at the sito. Ms. Ozols also noted she spokc with tbc appi1C&nt’S _
' engineer who indicated thc project is anticipated to be substantially complete within 4 years. It <
. was further noted the DEP permit would be for 3 years with a one year renewal if requested 30 1 i
· days prior to expiration. The engineer also indicated to Ms. Ozols that he d1d:1’t fcc! the E a
applicant would object to tho work taking place when the ground is frozen and probably _
would accept a stipulation that work only be done £romiNovcmbez· to May if thc Commisswn _ _ · f E
so desired. Ms. Ozols noted sho reviewed tho regulations pertaining to Excavation and Deposit l ; =
and also spoke with Attorney Mattcrn. It was determined this could bc exempt under Section Q
` 43.2.7. Ms. Ozols noted the Commission may want to refine the regulations as they pertain to -
rcvctmcnts. 'lfhcrc was discussion relative to whether a report should bc obtained front DEP
` ERT. Ms. Ozols will contact them to scc if they can be of any help. There was discussion U E
. regarding tho posting of a bond and that the purpose of thc bond would bc for the completion ·
of an abandoned project. I _ ` l
` G. CAM Application, 27 Caiilkins Road, Map 48, Lot 53, Proposed Single Family House- t »
‘ _ _ _ within {OO foot of Tidal Wetlands, Rcccivc Application. ·
Ms. Ozols explained this application was to build a single family housclon this i .
property. Thcrc was discussion regarding thc amount of fill being deposited within the 50’ _ §
_ . arcaQ lt was suggcstcdtthis bc rcfcrrcd to Attorney james Mattcrn and Linda Krause from _
_ ‘ CRERPA Motion was made by Mr. Risomy to acccpt the CAM Application for 27 Caullcins Road, I . § Q
seconded by Ms. Marsh, and unanimously approvcd, _ _ - ·

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., Old Lyme Zoning Commission. - .
i April IO, l995 - Special Meeting Minutes - __ i
Page 3 , . - T
C 7. Zoning Enforcement Officer Report. · i A
e Ms. Ozols noted she spoke with Attorney Royston about handicapped access. lt was
Attorney Royston’s recommendation to allow a handicapped access as a temporary ramp given >
on at 2 year permit which could be renewed as long as the person required the use of it. She ` _ T
will put this into a Hnal form for everyone’s review. `
p Relative to Special Exceptions, Ms. Ozols noted that moditications to existing Special i q
Exceptions would now come to.the Zoning Commission. The Library and The Congregational
i Church are two that are still under construction. Ms. Ozols noted -the Library has a number of
minor modifications. She explained they were given a permit for permeable pavers for the i
parking lot area and they now find they can’t afford it. They have indicated they can stay T ` v_
T within the 30% coverage if they pave a portion of the driveway and put gravel on the rest. Q
_ _ They also noted that in the future if they can afford to pave it, they would do so. The map was ’ ;
· reviewed. Chairman Fries felt this was a minor change and that Ms. Ozols should useher -
_ discretion on this matter. He didn’t feel it should come back to Zoning for a modification to the - . i
Special Exception. i · -
Ms. Oaols noted she received a letter from Colman Ives representing tlilropa and
questioning why the Commission allowed discussion of theeffective date ofthe Hallock _ Q .
amendments since the public hearing had already been closed. Ms- Ozols had referred this to l
Attorney Royston who sent a response which was read into the record. A copy of that letter j i
will be sent to Colman Ives. - .
‘ 8. Approval of Minutes: March I3, I995 Regular Meeting and Public Hearing ‘
- March 27, .1 995 Special Meeting Z p
Motion was made by Ms. Marsh to approve the Minutes of March I3, 1 995 and
. March 27, 1995 as written, seconded by Mr. Risom, and unanimously approved.
9. Correspondence/Adjoum. i
‘ -a) Memo 4/ 1/ 95,]. Rice Re: Water Pollution Control Authority f
Chairman Fries noted that jim Rice has asked for Zoning Commission representation on i
" the recently formed- WPCA. Discussion followed. George james and Thomas Risom E
p volunteered to-represent the Zoning Commission. · Q
_ ` Motion was made by Mr. Risom to adjourn, seconded by Mr. james, and unanimously
approved. Meeting adjourned at 10:00 PM. A Q.
- . - · . _ Respectfully submitted, io __ _
- · 4 - A _judith_R. Brown, Clerk Pro Teml . ‘ i`