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Zoning Commission Record of Vote 05/09/2016
RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – MAY 9, 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, Gil Soucie, Paul Orzel, alternate and Stacey Winchell, alternate.    

Also present:  Keith Rosenfeld, Land Use Coordinator

CONTINUED 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 J. Marsh to CLOSE the Public Hearing on the expansion of a parking lot under Sections 13.A and 13.B of the Zoning Regulations on property located at 83 Hartford Avenue.  No discussion and a vote was taken:  In favor:  J. Cable, J. Johnson, J. Marsh, G. Soucie, A. Todd  Opposed:  None  Abstaining:  None  The motion passed unanimously. 5-0-0

2.  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 J. Marsh to CONTINUE the Public Hearing to the June 13, 2016 Regular Meeting per the request from the applicant 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 No discussion and a vote was taken:  In favor:  J. Cable, J. Johnson, J. Marsh, G. Soucie, A. Todd  Opposed:  None  Abstaining:  None  The motion passed unanimously. 5-0-0

PUBLIC HEARINGS:

1.  Special Permit Application for construction of an expanded boathouse at Hains Park under Section 5.53 of the Zoning Regulations, which will be approximately 96’ x 66’ to store equipment for the Region 18 high school and community recreational rowing programs on property located at 166 Boston Post Road, Town of Old Lyme applicant.

A Motion was made by J. Johnson, seconded by J. Marsh to CLOSE the Public Hearing on the Special Permit for 166 Boston Post Road.  No discussion and a vote was taken:  In favor:  J. Cable, J. Johnson, J. Marsh, G. Soucie, A. Todd  Opposed:  None  Abstaining:  None  The motion passed unanimously. 5-0-0

2.  Special Permit Application in order to purchase adjacent land at 31-2 Library Lane in order to expand existing cemetery under Sections 5.2 and 5.2.3 of the Zoning Regulations, for Old Lyme Cemetery Association Inc., 31-1 Library Lane, applicant; record owner of 31-2 Library Lane, Mr. & Mrs. W. Alan Froggatt, Jr.

A Motion was made by J. Johnson, seconded by J. Marsh to DELAY THE OPENING OF THE PUBLIC HEARING to June 13, 2106 so that a decision can be made by the Inland Wetlands and Watercourses Commission on the Special Permit for expansion of the Old Lyme Cemetery.  No discussion and a vote was taken:  In favor:  J. Cable, J. Johnson, J. Marsh, G. Soucie, A. Todd  Opposed:  None  Abstaining:  None  The motion passed unanimously. 5-0-0

REGULAR MEETING:

A motion was made by J. Johnson, seconded by G. Soucie to move items numbered 6, 7 and 8 to the beginning of the agenda and renumber.  No discussion and a vote was taken:  In favor:  J. Cable, J. Johnson, J. Marsh, G. Soucie, A. Todd  Opposed:  None  Abstaining:  None  The motion passed unanimously. 5-0-0

1.  [6.]  Special Permit Application in order to allow the enlargement of an existing structure on a non-conforming lot for the purpose of meeting Old Lyme Flood Hazard and FEMA regulations under Sections 9.1.3.1 and 9.1.3.2 of the Zoning Regulations on property located at 45 Gorton Avenue, Richard Hyne, owner/applicant.  

A Motion was made by J. Johnson, seconded by G. Soucie to receive the Special Permit for enlargement of an existing structure on a non-conforming lot for the purpose of meeting Old Lyme Flood Hazard and FEMA regulations on property located at 45 Gorton Avenue, and set a Public Hearing for Monday, June 13, 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, G. Soucie  Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

2. [7.]  Special Permit Application in order to make renovations to existing structure and comply with FEMA under Sections 9.1.3, 9.1.3.1 and 9.1.3.2 of the  Zoning Regulations on property located at 40 Pond Road, Lee Ferguson, owner/applicant.  

A Motion was made by J. Johnson, seconded by G. Soucie to receive the Special Permit for renovations to an existing structure and comply with FEMA on property located at 40 Pond Road, and set a Public Hearing for Monday, June 13, 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, G. Soucie  Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

3. [8.]  Special Permit Application in order to demolish existing structure and construct a new structure eliminating two existing nonconformities and reducing one nonconformity under Section 8.2.3 of the Zoning Regulations on property located at 22 Sea Spray Road, Patricia Hooper, owner, Gerry Karpuska, applicant.   

A Motion was made by J. Johnson, seconded by G. Soucie to receive the Special Permit for demolition of  existing structure and construction of a new structure eliminating two existing nonconformities and reducing one nonconformity under Section 8.2.3 of the Zoning Regulations on property located at 22 Sea Spray Road, and set a Public Hearing for Monday, June 13, 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, G. Soucie  Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

4.  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 G. Soucie to DENY the Special Permit application as follows:

Whereas, the Zoning Commission has received an application for Special Permit application seeking to expand parking lot at the Sugar Shack Take Out Restaurant, 83 Hartford Avenue and

Whereas, the Zoning Commission has evaluated this proposal at a duly noticed public meeting held on April 11, 2016, continued to May 9, 2016 and heard comments from the public; and

Whereas, the proposed use may be permitted under the Old Lyme Zoning Regulations; the Commission finds that the applicant has NOT provided sufficient evidence to demonstrate compliance with the technical provisions Section 13A and Section 5.13 of the Regulations.  

Whereas, the Land Use Coordinator in a memo dated May 2, 2016 states the following:

1.      It looks as if the proposal will negatively impact the quality of life in the Sound View Neighborhood as it appears that the proposed development is NOT compatible with the existing characteristics of a sea-side community for the following reasons.
  • Applicant has not demonstrated that the proposed use will not be hazardous or inconvenient to, or detrimental to the residential character of the Sound View Neighborhood.
  • Applicant has not fully explained for whom the proposed parking has been designated for; either for employees or the Sugar Shack, employees of the applicant’s other businesses or customers.
  •  Opposed to the Sound View District’s required design elements, the planned access for delivery and service vehicles, driveway and parking area is proposed to be accessed by 10’ wide alley #2 which increases the safety issue.
  • Commission finds that access through town property presently devoted to paid public parking is not guaranteed, suitable or approved.
2.      The applicant has not demonstrated how the premises will be suitably landscaped to be in harmony with adjacent lots and the character of the neighborhood.
  • No landscaping has been proposed for the front of the building and the sidewalk.
3.      Applicant has not proven whether the proposal will have any impacts upon its existing effluent disposal system.

Whereas, the Commission finds that the applicant has NOT demonstrated compliance with the General Standards of Section 13A, in particular that the proposed use and site development are designed and arranged as follows:

a.  to achieve safety, comfort and convenience;
b.  to be in architectural harmony with the surrounding area;
c.  to protect nearby residential and preservation areas;
d. 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;
e.   to show pedestrian, traffic and refuse concerns have been properly and adequately addressed; and

Whereas, the Zoning Commission has deliberated and considered the evidence presented at the meeting as well as the input of its staff; and

Now, therefore be it resolved that the Old Lyme Zoning Commission DENIES approval of the for Special Permit application seeking to expand parking lot at the Sugar Shack Take Out Restaurant, 83 Hartford Avenue.   No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, A. Todd, G. Soucie  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 – Continued to the June 13, 2016 Regular Meeting  

6.  Special Permit Application for construction of an expanded boathouse at Hains Park under Section 5.53 of the Zoning Regulations, which will be approximately 96’ x 66’ to store equipment for the Region 18 high school and community recreational rowing programs on property located at 166 Boston Post Road, Town of Old Lyme applicant.

A Motion was made by J. Marsh, seconded by G. Soucie to GRANT the Special Permit application as follows:

Whereas, the Zoning Commission has received a Special Permit Application dated February 2, 2016 with accompanying deed to the property, Statement of Use, list of abutters, small scale site plan EC100   and EC101, project specs for construction, estimate of costs, Record of Vote from April 5, 2016 Zoning Board of Appeals meeting granting variances, copy of IWWC Minutes dated January 26, 2016 approving modification to plans, a copy of IWWC Minutes dated August 26, 2014 approving project but to come back before IWWC if changes, Planning Commission Minutes dated January 14, 2016approving CGS 8-24 referral, copies of July 28 and Sept. 22nd, 2014 ZBA approvals, construction plans for an expanded boathouse, approximately 96’ x 66’ to store equipment for the Region 18 high school and community recreational rowing programs as noted on the following plans:  Boathouse/Hains Park Improvements, 166 Boston Post Road Old Lyme Connecticut Existing Conditions Plan dated July 17, 2014, revised to 8/18/14 prepared by BSC Group, Scale 1” = 20’ drawing no. EC-100; Boathouse/Hains Park Improvements, 166 Boston Post Road Old Lyme Connecticut Existing Conditions Plan dated July 17, 2014, revised to 8/18/14 prepared by BSC Group, Scale 1” = 20’ drawing no. EC-101; Boathouse/Hains Park Improvements, 166 Boston Post Road Old Lyme Connecticut Erosion & Sedimentation Control Plan dated December 16, 2015, revised to 03-01-2016 revision per sanitarian prepared by BSC Group, Scale 1” = 20’ drawing no. C-100; Boathouse/Hains Park Improvements, 166 Boston Post Road Old Lyme Connecticut Overall Site Plan dated December 16, 2015, revised to 03-01-2016 revision per sanitarian prepared by BSC Group, Scale 1” = 20’ drawing no. C-200; Boathouse/ Hains Park Improvements, 166 Boston Post Road Old Lyme Connecticut Site Plan dated December 16, 2015, revised to 03-01-2016 revision per sanitarian prepared by BSC Group, Scale 1” = 20’ drawing no. C-201; Boathouse/Hains Park Improvements, 166 Boston Post Road Old Lyme Connecticut Details dated December 16, 2015, prepared by BSC Group, Scale 1” = 20’ drawing no. C-300; Boathouse/Hains Park Improvements, 166 Boston Post Road Old Lyme Connecticut Details dated December 16, 2015, prepared by BSC Group, Scale 1” = 20’ drawing no. C-300; Boathouse/Hains Park Improvements, 166 Boston Post Road Old Lyme Connecticut Details dated December 16, 2015, revised to 03-01-2016 revisions per sanitarian, prepared by BSC Group, Scale as noted drawing no. C-301;  

Whereas, the Zoning Commission has held a duly noticed public hearing on May 9, 2016, and the Commission has had an opportunity to hear testimony from the public and from the applicant; and

Whereas, the proposed Hains Park Boathouse is allowed by Special Permit under Section 5.3.3 of the Old Lyme Zoning Regulations, and the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions in Section 13B of the Regulations

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 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 for the proposed Hains Park Boathouse located at 166 Boston Post Road, Old Lyme, CT.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, A. Todd, G. Soucie  Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

7.  Special Permit Application in order to purchase adjacent land at 31-2 Library Lane in order to expand existing cemetery under Sections 5.2 and 5.2.3 of the Zoning Regulations, for Old Lyme Cemetery Association Inc., 31-1 Library Lane, applicant; record owner of 31-2 Library Lane, Mr. & Mrs. W. Alan Froggatt, Jr.—Tabled until a decision is made by the Inland Wetlands and Watercourses Commission

8.  Municipal Coastal Site Plan Review Application for a deck enlargement at 90 West End Drive, P. L. Mountzoures, Inc., applicant; Scott Hoffman, property owner – Tabled to the June 13, 2016 meeting Regular Meeting

9.  New Business

10.  Old Business       

11. Approval of Minutes – Minutes of the March 14, 2016 Public Hearing and Regular Meeting

A Motion was made by J. Johnson, seconded by G. Soucie to approve the minutes of the March 14, 2016 Regular Meeting as presented.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, G. Soucie, A. Todd  Opposed:  None  Abstaining:  None  The motion passed unanimously. 5-0-0   

12.  Correspondence

13.  Zoning Enforcement Report

14.  Miscellaneous/Adjournment          

A Motion to adjourn was made by J. Johnson, seconded by G. Soucie.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, A. Todd, G. Soucie   In opposition:  None   Abstaining:  None  The Motion carried 5-0-0  The meeting adjourned at 9:37 p.m.

                                        Jane Cable, Chairman    


NEXT MEETING OF THE ZONING COMMISSION IS
MONDAY, JUNE 13, 2016,
7:30 P.M., MEETING HALL, 52 LYME STREET, OLD LYME, CT