RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – JUNE 13, 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, and Stacey Winchell, alternate.
Also present: Kim Barrows, Certified Zoning Enforcement Technician
Absent: Paul Orzel, alternate
CONTINUED PUBLIC HEARING:
1. 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 CLOSE the Public Hearing on the Special Permit for 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 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 G. Soucie to CLOSE the Public Hearing on the Special Permit for 31-1/31-2 Library Lane. No discussion and a vote was taken: In favor: J. Cable, J. Johnson, G. Soucie, A. Todd, S. Winchell Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
2. 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 CLOSE the Public Hearing on the Special Permit for 45 Gorton 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
3. 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 J. Marsh to POSTPONE the opening of the Public Hearing on the Special Permit for 40 Pond Road to the July 11, 2016 Regular meeting per letter from Jeff Flower, agent for the applicant dated June 13, 2016. 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-
4. 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 – WITHDRAWN
REGULAR MEETING:
1. Petition to Amend the Old Lyme Zoning Regulations in order to repeal the provisions of Section 14.5.2(c). “Section 14.5.2(c). Within a C-10, C-30 or C-30S Commercial District: For the sale of alcoholic liquor for consumption off the premises if located within a 1500-foot radius of any other premises used for the sale of alcoholic liquor off the premises, which spacing requirements shall not apply to establishments having a grocery store permit for the sale of beer only. (Amended Effective 3/1/01 and 3/7/08)”. Charles Bowe, 37 Green Hill Road, Madison, CT, Petitioner.
A Motion was made by J. Johnson, seconded by G. Soucie to receive the Petition to Amend the Old Lyme Zoning Regulations in order to repeal the provisions of Section 14.5.2(c), and set a Public Hearing for Monday, September 12, 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. Special Permit 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 G. Soucie, seconded by J. Johnson to GRANT w/conditions the Special Permit Application dated March 3, 2016 with accompanying Statement of Use, drawings of building (2) and a Map entitled “Improvement Location Survey, Zoning Land of Peter J. Lodi, Sr. Location 224 Shore Road, Old Lyme, Connecticut” dated March 1, 2016, revised to June 1, 2016 prepared by J. Robert Pfanner & Associates, P.C. Sheet Number 1 of 1for the construction of a 40’ x 60’ garage to store and repair paving equipment and have an office inside as well on property located at 224 Shore Road.
Whereas, the Zoning Commission has held a duly noticed public hearing on April 11, 2016 which was continued to May 9, 2016 and further continued to June 13, 2016, and the Commission has had an opportunity to hear testimony from the public and from the applicant; and
Whereas, the proposed creation of a contractor’s garage is permitted by Special Permit under the Old Lyme Zoning Regulations Section 13.B and Section 5.10.3;
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 accesses 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 Structures(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 provided sufficient evidence to demonstrate compliance with the technical provisions of Section 13A and Section 13B of the Regulations with the following conditions are required to be added to the final plan before the issuance of any permits:
1. Repairs are limited to routine maintenance such as oil changes, tire changes and
lubrication.
2. NO bathroom inside the garage unless and until septic approval is given by either the
Town Sanitarian or the State Health Department.
3. No parking of any vehicles within the 20’ side setbacks.
4. Parking of vehicles are to be south of the garage building only.
5. No on site delivery or storage of materials.
6. No Trailers to be used as storage buildings.
7. Mature evergreens [deer resistant trees] on east, west and northerly property lines
creating a 5’ wide buffer.
8. Waste fluids to be stored inside the garage in a 275 gallon minimum sized tank until
properly/legally disposed of.
9. Erosion control barriers to be shown on site plan.
10. Outside parking of vehicles and trailers is limited to total ten (10).
11. Hours of operation are between 7 a.m. and 7 p.m. daily.
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 with the above noted conditions for the garage (40’ x 60’) and the office in the garage at 224 Shore Road. No discussion and a vote was taken: In favor: J. Johnson, J. Marsh, G. Soucie, A. Todd Opposed: J. Cable [reason to deny is that not enough information provided and re-writing the site plan for the applicant] Abstaining: None The motion passed. 4-1-0
3. 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.
J. Marsh recused herself from this application
A Motion was made by J. Johnson, seconded by S. Winchell to GRANT w/ conditions the Special Permit Application dated April 6, 2016 with accompanying Statement of Use and “Property Survey Map prepared for Old Lyme Cemetery Association, 31-2 Library Lane Old Lyme, Connecticut dated January 6, 2016, Scale 1” = 40’ Sheet 1 of 1 Revisions 2-26-16 prepared by Angus McDonald Gary Sharpe & Associates, Inc.” 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.
Whereas, the Zoning Commission was to hold a duly noticed public hearing on May 9, 2016 but said hearing was not opened since at that time the application was still before the Inland Wetlands and Watercourse Commission [was granted IWWC approval with conditions on May 24, 2016].
Whereas, the Zoning Commission opened the Public Hearing on June 13, 2016, and the Commission has had an opportunity to hear testimony from the public and from the applicant; and
Whereas, the proposed expansion of the Cemetery is permitted by Special Permit under the Old Lyme Zoning Regulations Section 5.2 and Section 5.2.3;
Whereas, the Zoning Commission has waived the site plan requirements and has added the following conditions:
1. The only access to the expanded site will be solely from McCurdy Road;
2. Landscaping planted to buffer the expanded use from neighboring properties; and
3. Parking and driveway areas to be oriented away from residential areas and amply screened.
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 with the above noted conditions for the expansion of the Cemetery. No further discussion and a vote was taken: In favor: J, Cable, J. Johnson, G. Soucie, A. Todd, S. Winchell Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
A Motion was made by J. Marsh, seconded by J. Johnson to change the agenda item number 5 to number 4. 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
4. 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. Marsh, seconded by A. Todd to GRANT w/conditions Special Permit Application dated April 25, 2016 with the following attachments: Cover letter, Statement of Use, Waiver Request of Traffic Impact Study, Warranty Deed, Abutter List, property location map, Drawing entitled Existing Plans Elevations & Zoning Data dated March 4, 2016 Sheet EX 1.1, Drawing entitled Proposed Plans Elevations & Zoning Data dated March 4, 2016 Sheet A 1.1, revised 6/7/2016 per Health Dept. Requirements 4 bedrooms and remove shed, revised 6/10/2016 relocate shed and Schematic Septic System Layout and Property survey prepared for Richard Hyne 45 Gorton by Gerwick- Mereen dated February 22, 2016 revised 4/26/2016, revised 5/3/2016 add notes and minor details for four bedroom design,
revised 5/3/2016 add notes and minor details for four bedroom design and revised 5/31/2016 notes re: crawl space and elevations.
Whereas, the Zoning Commission has held a duly noticed public hearing on June 13, 2016, and the Commission has had an opportunity to hear testimony from the public and from the applicant; and
Whereas, the proposed project is before the Commission per Section 9.1.3 of the Old Lyme Zoning Regulations; Expansion of Existing Building or Structure on Nonconforming Lot; and
Whereas, the applicant is requesting Special Permit approval from the Zoning Commission per Section 9.1.4 to allow for a residential structure (located on a Lot which does not conform to the requirements of these Regulations) to be enlarged/extended;
Whereas, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions of Section 13A and Section 13B of the Regulations with the following conditions:
1. There will not be an increase in the number of bedrooms, it shall remain a four (4)
bedroom house.
2. The house will remain seasonal and not be converted to year-round.
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 with the above noted conditions for the purpose of meeting Old Lyme Flood Hazard and FEMA regulations 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
5. Municipal Coastal Site Plan Review Application for a deck enlargement at 90 West End Drive, P. L. Mountzoures, Inc., applicant; Scott Hoffman, property owner.
A Motion was made by J. Marsh, seconded by J. Johnson to DENY w/out prejudice the Municipal Coastal Site Plan Review Application for a deck enlargement at 90 West End Drive since the application lacked sufficient information to determine placement and construction of said deck. 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
6. 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 – PUBLIC HEARING TO OPEN JULY 11, 2016 AT 7:30 P.M.
7. 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 – WITHDRAWN
8. New Business
9. Old Business
10. Approval of Minutes – Minutes of the April 11, 2016 Public Hearing and Regular Meeting
– Minutes of the May 9, 2016 Public Hearing and Regular Meeting
APPROVAL OF MINUTES TABLED TO NEXT MONTH
11. Correspondence
12. Zoning Enforcement Report
13. 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 11:15 p.m.
Jane Cable, Chairman
NEXT MEETING OF THE ZONING COMMISSION IS
MONDAY, JULY 11, 2016,
7:30 P.M., MEETING HALL, 52 LYME STREET, OLD LYME, CT
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