MINUTES OF THE ZONING BOARD OF APPEALS
SPECIAL MEETING
October 13, 2009
NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Town of Old Lyme at its Special Meeting that was held on Tuesday, October 13, 2009 at 6:30 p.m. at the Old Lyme Town Hall, Second Floor Conference Room, 52 Lyme Street, heard and decided the following:
The Chairman of the Board, Susanne Stutts conducted the special meeting this evening and introduced the Board members who were seated and voting for the meeting.
Seated for this evenings meeting and voting were the following members: Susanne Stutts, Chairman, Kip Kotzan, Secretary, Richard Moll, Judy McQuade, Vice Chairman and Joseph St. Germain (Alternate)
Counsel present: Attorney Eric Knapp and Attorney Mark Branse, counsel for the Zoning Commission and Attorney David Royston, counsel for the Zoning Board of Appeals
Present: Fran Sadowski (Alternate), Kim Barrows, Clerk
Absent: June Speirs (Alternate)
The meeting was then called to order at 6:30 p.m.
S. Stutts stated that the meeting was being held to answer questions and discuss concerns the Zoning Board of Appeals had with respect to the Zoning Commission adopting the proposed “registry regulations” with the attorneys. Attorney Knapp gave an overview of the history which led to the Zoning Commission’s possible adoption of the registry regulations. The Board members discussed their concerns and Attorney Royston summed it up by stating that the following concerns should be entered into the record at the Zoning Commission’s public hearing and also considered in its deliberations:
- that the final adopted regulation specifically reference the list of properties which are receiving the designation of a Year Round Use Dwelling under the settlement of the Federal Court case. We understand that the list will not be incorporated as part of the Regulation itself, but the location where citizens can find that list as a public record should be identified in the Regulation.
- that the criteria for decision be clarified to express the intent of the Regulations; once a person has demonstrated that they are on the list they do not have to go through the other criteria for decision, although they will have to provide all the requested information outlined in the Regulation.
- that in the event there are multiple decisions made by the Zoning Enforcement Officer that will in turn trigger multiple appeals to the ZBA, the ZBA wants to make sure the Zoning Commission does what it can to make sure decisions are spread out so as not to have multiple appeals all at once, which must be scheduled and heard by the ZBA within a short time frame.
A Motion was made by S. Stutts, seconded by J. McQuade, to submit a letter outlining the concerns of the ZBA to the Zoning Commission for inclusion in the public record and as part of their deliberation with respect to the Public Hearing on the Petition to Amend the Zoning Regulations re the registry regulations; a vote was taken and the motion to approve passed unanimously 5-0-0.
Adjournment
A Motion was made by S. Stutts, seconded by R. Moll to adjourn the October 13, 2009 Special Meeting; the motion to adjourn passed unanimously. The meeting adjourned at 9:15 p.m.
The next Regular Meeting of the ZBA will be on Tuesday, November 10, 2009 at 7:30 p.m. at the Memorial Auditorium, Town Hall, 52 Lyme Street, Old Lyme, CT.
Respectfully submitted,
Kim N. Barrows, Clerk
Old Lyme Zoning Board of Appeals
Old Lyme, Connecticut 06371
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