RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – March 14, 2016, 7:30 P.M.
Meeting Hall at Memorial Town Hall
52 Lyme Street, Old Lyme, CT
1. Convene Meeting; announcement of voting members.
Present: Jane Cable, Chair, John Johnson, Vice Chair, J. Marsh, Secretary, Alan Todd and Stacey Winchell, alternate. Also present: Keith Rosenfeld, Land Use Coordinator
Absent: Gil Soucie and Peter Orzel, alternate
PUBLIC HEARINGS:
1. Special Permit Application seeking the expansion of a parking lot under Sections 13.A and 13.B of the Zoning Regulations on property located at 83 Hartford Avenue, The Sugar Shack, Keith Grills, owner/applicant.
A Motion was made by J. Johnson, seconded by A. Todd to CONTINUE the public hearing on 83 Hartford Avenue, The Sugar Shack to the April 11, 2016 Regular meeting at 7:30 p.m. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, A. Todd, S. Winchell In opposition: None Abstaining: None The Motion carried 5-0-0
2. Special Permit Application to allow a change of use from a plumbing business to a restaurant/deli on the first floor, the second floor will remain as a three bedroom private residence under Section 13.B and Section 5.11.3 of the Zoning Regulations on property located at 286 Shore Road, Dimitri Tolchinski, owner/applicant – WITHDRAWN by letter dated March 14, 2016
REGULAR MEETING:
1. Special Permit Application seeking the expansion of a parking lot under Sections 13.A and 13.B of the Zoning Regulations on property located at 83 Hartford Avenue, The Sugar Shack, Keith Grills, owner/applicant – Public Hearing continued to April 11, 2016
2. Municipal Coastal Site Plan Review Application for the construction of a marsh crossing walkway and fixed wood pile or post and timber pier on a tributary creek off the Black Hall River north of Mile Creek Road at 100 Mile Creek Road, Alan Todd, owner, Docko, Inc., applicant.
Alan Todd recused himself from this one application
A Motion was made by J. Johnson, seconded by S. Winchell to approve the following Municipal Coastal Site Plan as follows:
Whereas, the Zoning Commission has received an application for Municipal Coastal Site Plan Review Application for approval dated 2/20/2014 with a Statement of Use, abutter list, summary of project, resource maps, CT DEEP Permit map entitled “Coastal Site Plan New Pier and Walkway Black Hall River, December 14, 2015 property of Alan & Skyren Todd 100 Mile Creek Rd Old Lyme, CT prepared by Docko, Inc.”;
Whereas, the Zoning Commission heard testimony at its March 14, 2016 Regular Meeting, and the commission has had an opportunity to hear testimony from the applicant; and
Whereas, the proposed use is permitted under the Old Lyme Zoning Regulations with the approval of a Coastal Site Plan, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions in Section 4.2.3 and Section 13A of the Regulations;
Whereas, the Coastal Site Plan Review Application for this property is approved because it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impacts.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13A.3.1, 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
Whereas, although the Zoning Commission has received comments from the Office of Long Island Sound Programs of the Department of Environmental Protection, after submitting the application materials to them for review, the Commission determines that the application as presented is consistent with the goals and policies of the Coastal Management Act;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval of the Municipal Coastal Site Plan Review Application dated 2/20/2014 with a Statement of Use, abutter list, summary of project, resource maps, CT DEEP Permit map entitled “Coastal Site Plan New Pier and Walkway Black Hall River, December 14, 2015 property of Alan & Skyren Todd 100 Mile Creek Rd Old Lyme, CT prepared by Docko, Inc.” and because it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impacts. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, S. Winchell Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
3. Municipal Coastal Site Plan Review Application for the maintenance dredging disposal off the Black Hall River east of State Route 156, at the property of Black Hall Outfitters, Inc. at 132 Shore Road, Docko, Inc., applicant.
A Motion was made by J. Johnson, seconded by J. Marsh to approve the following Municipal Coastal Site Plan as follows:
Whereas, the Zoning Commission has received an application for Municipal Coastal Site Plan Review Application for approval dated 1/26/2016 project is the Black Hall Marina maintenance dredging project; list of abutters; reference and resource maps; photographs and a map entitled “Coastal Site Plan Maintenance Dredging Black Hall River, January 20, 2016 property of Jolly Rogers Enterprises 132 Shore Road – Old Lyme, CT prepared by Docko, Inc.”;
Whereas, the Zoning Commission heard testimony at its March 14, 2016 Regular Meeting, and the commission has had an opportunity to hear testimony from the applicant; and
Whereas, the proposed use is permitted under the Old Lyme Zoning Regulations with the approval of a Coastal Site Plan, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions in Section 4.2.3f and Section 13A of the Regulations with the following condition:
1. Proposal will not exceed 200 cubic yard threshold thus eliminating the need for additional zoning permitting and compliance.
Whereas, the Coastal Site Plan Review Application for this property is approved because it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impacts.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13A.3.1, 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
Whereas, although the Zoning Commission has received comments from the Office of Long Island Sound Programs of the Department of Environmental Protection, after submitting the application materials to them for review, the Commission determines that the application as presented is consistent with the goals and policies of the Coastal Management Act;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval of the Municipal Coastal Site Plan Review Application dated 1/26/2016 project is the Black Hall Marina maintenance dredging project; list of abutters; reference and resource maps; photographs and a map entitled “Coastal Site Plan Maintenance Dredging Black Hall River, January 20, 2016 property of Jolly Rogers Enterprises 132 Shore Road – Old Lyme, CT prepared by Docko, Inc.” with the aforementioned condition and because it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impacts. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, A. Todd, S. Winchell Opposed: None Abstaining: None The motion passed
unanimously. 5-0-0
4. Municipal Coastal Site Plan Review Application for minor landscaping modifications west of CT Route 156, at the property of Ronald J. Swaney at 131 Shore Road, Docko, Inc., applicant.
A Motion was made by J. Marsh, seconded by J. Jonnson to approve the following Municipal Coastal Site Plan as follows:
Whereas, the Zoning Commission has received an application for Municipal Coastal Site Plan Review Application for approval dated 1/25/2016 project is to dispose of 195 (+/-) CY of dredged fine, sandy marine silts from Black Hall Marina maintenance dredging project; list of abutters; reference and resource maps and a map entitled “Coastal Site Plan New Fill 131 Shore Road January 18, 2016 property of Ronald J. Swaney prepared by Docko, Inc.”;
Whereas, the Zoning Commission heard testimony at its March 14, 2016 Regular Meeting, and the commission has had an opportunity to hear testimony from the applicant; and
Whereas, the proposed use is permitted under the Old Lyme Zoning Regulations with the approval of a Coastal Site Plan, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions in Section 4.2.3f and Section 13A of the Regulations with the following condition:
1. Proposal will not exceed 200 cubic yard threshold thus eliminating the need for additional zoning permitting and compliance.
Whereas, the Coastal Site Plan Review Application for this property is approved because it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impacts.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13A.3.1, 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
Whereas, although the Zoning Commission has received comments from the Office of Long Island Sound Programs of the Department of Environmental Protection, after submitting the application materials to them for review, the Commission determines that the application as presented is consistent with the goals and policies of the Coastal Management Act;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval of the Municipal Coastal Site Plan Review Application dated 1/25/2016 project is to dispose of 195 (+/-) CY of dredged fine, sandy marine silts from Black Hall Marina maintenance dredging project; list of abutters; reference and resource maps and a map entitled “Coastal Site Plan New Fill 131 Shore Road January 18, 2016 property of Ronald J. Swaney prepared by Docko, Inc.” with the aforementioned condition and because it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impacts. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, A. Todd, S. Winchell Opposed: None Abstaining: None The motion passed
unanimously. 5-0-0
5. Special Permit Application and Municipal Coastal Site Plan Review Application for construction of a 40’ x 60’ garage to store and repair paving equipment, also an office and bathroom will be in the garage as well on property located at 224 Shore Road, J. Robert Pfanner, applicant, Peter Lodi, Sr., owner.
A Motion was made by J. Johnson, seconded by S. Winchell to receive the Special Permit Application and Municipal Coastal Site Plan Review Application for construction of a 40’ x 60’ garage to store and repair paving equipment, also an office and bathroom will be in the garage as well on property located at 224 Shore Road and set a Public Hearing for Monday, April 11, 2016 at 7:30 p.m. in the Meeting Hall. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, A. Todd, S. Winchell Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
6. Special Permit Modification Application for removal of a condition on a Special Permit Application granted on May 12, 2014 wherein condition number four stated no liquor service on patio on property located at 100 Shore Road, Barbara A. Woods, applicant.
A Motion was made by J. Johnson, seconded by J. Marsh to receive the Special Permit Modification Application for removal of a condition on a Special Permit Application granted on May 12, 2014 wherein condition number 4 stated no liquor service on patio on property located at 100 Shore Road, Barbara A. Woods, applicant and set a Public Hearing for Monday, April 11, 2016 at 7:30 p.m. in the Meeting Hall. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, A. Todd, S. Winchell Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
7. New Business – None
8. Old Business – None
9. Approval of Minutes – Minutes of the January 11, 2016 Public Hearing and Regular Meeting
A Motion was made by J. Johnson, seconded by S. Winchell to APPROVE the January 11, 2016 Regular Meeting Minutes as submitted. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, S. Winchell In opposition: None Abstaining: A. Todd The Motion carried 4-0-1
10. Correspondence – Extension letter regarding the Special Permit for Graybill Properties, LLC and the required mylar dated January 11, 2016 from Joe Wren, P.E., Indigo Land Design.
A Motion was made by J. Johnson, seconded by J. Marsh to GRANT an additional 65 days to file the mylar on the Graybill Properties, LLC project at 151 Boston Post Road. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, A. Todd, S. Winchell In opposition: None Abstaining: None The Motion carried 5-0-0
11. Zoning Enforcement Report – A report will be provided at the April 11th meeting
12. Miscellaneous/Adjournment
A Motion to adjourn was made by J. Johnson, seconded by S. Winchell. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, A. Todd, S. Winchell In opposition: None Abstaining: None The Motion carried 5-0-0 The meeting adjourned at 9:38 p.m.
Jane Cable, Chairman
NEXT MEETING OF THE ZONING COMMISSION IS
MONDAY, APRIL 11, 2016,
7:30 P.M., MEETING HALL, 52 LYME STREET, OLD LYME, CT
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