- ( ( I APPROVED. (
. . I _ _ OLD LYME ZONING COMMISSION
_ MINUTES OF REGULAR MEETING
_ MONDAY, JULY IO, 1995 - Q
The Old Lyme Zoningtiommission held its regular meeting on Monday, july _ -
_l0, 1995, at the auditorium of Memorial Town Hall. Members present: Eric Fries I I.
(Chai.rman),_]ane Marsh (Secretary), and Walter Seifert. Sharon Colvin arrived at 8:00 J
PM. Others present were Marilyn Ozcls (Zoning Enforcement Officer),_Iudith R. I
Brown (Clerk) and Anthony I-Iendriks. _
p ·( - I . Con Irene meeting; announcement of voting alternates. p
t _ ‘ Chairman Fries called the meeting to order at 7:55 PM and introduced the
r A ·- members, all of-whom would be voting. · ‘ 2
( ‘ Za) CAM Application, 27 Caulkins Roar; Map 48, Lot 53, Single Family
House. I
Anthony Iilendriks explained he had provided the Zoning Commission with 2
‘ . revisions regarding items brought up at the last meeting. He noted the owner had ?
entered into a contract to buy all of the adjoining property. He indicated all activity
has been pulled back above elevation 4 and it had been shown that water would not be _
diverted from the subject property on to the neighbors property. Mr. Hendrilcs further
- explained the only thing holding up this application was the interpretation by the ‘
Office of Long island Sound that the tidalwetland line is at elevation 5 which would
I inundate the entire property. I-Ie noted that most of the property is at elevation 5 or 6.
Mr. Henriks indicated he had written letters to the Office of Long Island Sound ·-
requesting the State to define, extreme high water. He explained they (the State) have I
arbitrarily chosen the one year frequency storm as the extreme high water but the _
State Statutes do not define the extreme high water line as the one year frequency _
storm. ( g ng
Mr. I-Iendriks explained he took the spring tides from the Corp of Engineers ‘
study and used that as the mean spring high water line and added one foot as shown
( on the plans. ` I
Mr. I-Iendriks was asked if there was any existing fill on the property. He
replied he didn’t think so but he couldn’t be sure of that fact. _
. ( Mr. Hendriks further explained they are basically waiting another 30 days for a I
( response and, if necessary, will then withdraw the application and work things out. In _
- · y the meantime, they are trying to get a definition of extreme high__water line. The main
disagreement between the applicantand DEP is that DEP had picked the one year
( - frequency storm and added one foot and Mr. Hendriks picked the spring tides which is
slightly above the mean high water line.-Mr. Hendriks indicated he would be I
contacting Sidney Holbrook, Commissioner of DEP, within the next week to see if he s _
could get some answers.
Mr. I·Iendriks further explained what is happening is that this would be a ·
taking if he was forced to abide by the current DEP interpretation. These lots had bee-n
. created and it was his opinion this lot could support a small home and leaching system.
EXHIBIT c s
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` Case 3:OO—cv—OOO97-EBB Document 104-6 Filed O2/O9/2007 Page 2 of 4
Old L ymc Zoning Commission
july I O, I .9.95 _ i
Page 2 t"
lt had enough high ground and could conform to the Public Health Code. It demon-
strated good soil and septic capability. - E
_ Chairman Fries asked Mr. Hendriks which flood zone this property was in. Mr. _
Hendriks replied it looks and demonstrates to be in the A Zone, however, the flood map
shows it in the V Zone so it is being treated as though it was in the V Zone. -_
` Mr. Hendriks indicated he would keep the Commission advised of any further i
information from DEP. _ _ i
— Zb) YT Anastasiou, 264 Shore Road Map 82 Lot 4, Special lixception, Liquor l
Establishment, request to extend submittal time.
Chairman Fries read a letter from Gary D. Smith, Professional Engineer, dated
july 10, 1995 on behalf of Mr. Anastasiou formally requesting an extension of time for Q
. submission of a completed application without a duplicate application fee. Motion was "
made by Ms. Marsh to grant Mr. Anastasiou’s request for a one month extension until .
_ the August meeting for submitting a completed application without a duplicate l .
application fee, seconded by Ms. Colvin, and unanimously approved. A
3a) Proposed amendments to Zoning Regulations re: golf courses, funeral
homes, exceptions to nonconfozming use/lot regulations, building size at i 3
commercial zones. r _ _ ’
There was discussion regarding nonconforming uses and whether these i
structures could be altered. There was also discussion as to whether this should__ Q
pertain to both commercial and residential or just residential. Ms. Marsh was é Z
concerned about commercial businesses generating more traffic and not being 2
required to provide additional parking. Chairman Fries indicated that with the new {
- regulation nothing could be done to change the business to increase the level of `
permitted occupancy or use. It was decided to bring this to public hearing in August
and in the meantime Ms. Ozols could review these concerns with Attorney Royston.
` There was discussion regarding the proposed golf course regulation. A couple A Q
of minor typographical errors were corrected. It was noted this was an intensive use of =
` the land due to the clearing, grading, installation of sprinkler systems, reseeding and j
- use of pesticides and fertilizers. It was noted the Planning Commission should have E
maximum discretion for controlling this kind of project and it could ask for an impact {
- study if it thought one was necessary. It was suggested this regulation should also f
. reference Sections 41.4.6 and 34 of the Zoning Regulations. It was also suggested the "
, word aquifer be added to the water resources section and that information on the
. existing naturalhabitats and species identification be required in order to evaluate
- potential impact. Ms. Ozols would incorporate these suggestions and bring this back
* to the Commission one more time for review before bringing it to public hearing in " 2
September. _ ` C l
There wasdiscussion regarding permitted uses in commercial and industrial p
zones and whether there should be specific criteria. Is 10,000.square feet maximum
Case 3:00—cv-000£l7l=EBB-» ·»¢· Document 104-6 Filed 02/09/2007 Page 3 of 4
Old L ymc Zoning Commission _ _` I ·
juijr IO, 1995 T . ‘ i
_ · Page 3 - Q
I building size the right figure? Attorney Royston had suggested that figure be changed
to 40,000 or 50,000 or that anything bigger than 10,000 square feet would have to be - _
in the light industrial zone. lt was decided to go to public hearing with the 1.0,000
square feet. p g ,
There was discussion about changing the date of the August meeting. Motion
was made by Ms. Marsh to reschedule the August meeting by cancelling the August
14th meeting and holdinga special meeting on August 28, 1995 at 7:00 PM to ¤
- conduct such business as may be necessary, seconded by Mr. Seifert, and unanimously `
approved. All of the proposed regulations would be brought up at the August 28th
public hearing except the golf courses. . .
4. Zoning Enforcement O1‘5cerI1?ep0.r·t. ‘ I
I The policy for seasonal use dwellings was reviewed. Motion was made by Ms.
I p Marsh to adopt the following policy for the designation of seasonal use dwellings: 1) f
The Zoning Enforcement Officer shall notify the current owner of record by regular I
mail of the intent to file a Seasonal Use Designation on the Old Lyme Land Records. ji
‘ This notice shall be sent to the mailing address supplied to the Town by the property
owner or to any correction to that. address which may be available. 2) Said notice shall
include information describing the basis for the determination and shall offer the · I _ l
property owner G0 days to provide documentation to the contrary. 3) At least sixty
(60) days following the date of the Notice of Intent, the Zoning Enforcement Officer
shall file a Notice of Seasonal Use Designation on the Land Records. 4) Simultaneous
- with said filing, the Zoning Enforcement Officer shall send notice by certified mail to
the property owner. Said notice shall inform the property owner of his right to appeal p
the decision to the Zoning Board of Appeals along with notice that any such appeal
must be filed within thirty (30) days. This motion was seconded by Mr. Seifert, and j
‘ unanimously approved. {
Ms. Ozols noted Attorney Royston is currently working on drafting the Notice of
Intent which should be available shortlly.
Ms. Ozols indicated there was nothing further on her report. _
5. Approval 0fM1}1utes.· june 12, 1995 Regular Meeting/Public Hearing. g
_ Motion was made by.Ms. Marsh to approve the june 12, 1995 Regular Meeting I
A Minutes and Public Hearing Minutes as written, seconded by Mr. Seifert, and g .
unanimously approved. I p
6. Miscellaneous/Aa_{;burn. I . I
I There being no further business the meeting was adjourned at 10200 IPM.I `
I ‘ . Respectfully submitted, . _ I,
f ` ` own, Clerk
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