RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – September 12, 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, Stacey Winchell, alternate and Paul Orzel, alternate
Also present: Keith Rosenfeld, Land Use Coordinator
PUBLIC HEARING:
1. 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 CLOSE the Public Hearing on the Special Permit for 40 Pond 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
REGULAR MEETING:
1. 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. Marsh, seconded by J. Johnson to grant with a condition as follows:
Whereas, the Zoning Commission has received an application for Special Permit approval for property of Lee Ferguson dated May 9, 2016 prepared by JW Flower; Site Plan, Sheets A1 to A7, Sheets Existing A1 to Existing A3, Dated March 14, 2016, Revised to April 28, 2016 for the residence of Lee Ferguson.
Whereas, the Zoning Commission has held a duly noticed public hearing on September 12, 2016, and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and from the applicant; and
Whereas, the proposed activity (expansion of Existing Building or Structure on Nonconforming Lot) is permitted by Special Permit under the Old Lyme Zoning Regulations Section 9.1.3. The Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13A, 13B and Section 9.1.3 of the Regulations with the following condition:
1. Code compliant septic systems must be installed.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of the Zoning Regulations, 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 to enclose the existing access to the residence, remove second floor deck, enlarge front deck and add stairs to the ground, elevate existing AC unit and electric panel, build sidewalk for beach access, add landscape block retaining wall (creating buffer between the parking and beach areas) , and reconstruct existing “breakaway” walls per plans submitted at 40 Pond Road, Old Lyme, CT with the condition specified. 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. Site Development Plan/Special Permit Modification Application to allow a propane exchange tank cage at the existing Shell Station located at 85 Halls Road, Paraco Gas, applicant.
A Motion was made by J. Cable, seconded by J. Johson to receive the Site Development Plan/Special Permit Modification Application to allow a propane exchange tank cage at the existing Shell Station located at 85 Halls Road and set a Public Hearing for Tuesday, October 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, G. Soucie Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
3. 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 – WITHDRAWN
4. New Business – None
5. Old Business – None
6. Approval of Minutes – Minutes of the June 13, 2016 Public Hearing and Regular Meeting
– Minutes of the July 11, 2016 Public Hearing and Regular Meeting
A Motion was made by J. Marsh, seconded by J. Johnson to approve the Minutes of the June 13, 2016 Public Hearing and Regular Meeting and the Minutes of the July 11, 2016 Public Hearing and Regular Meeting. No discussion and a vote was taken. In favor: J. Cable, J. Johnson, J. Marsh, A. Todd, G. Soucie In opposition: None Abstaining: None The Motion carried 5-0-0
7. Correspondence – None
8. Zoning Enforcement Report
9. Miscellaneous/Adjournment
A Motion to adjourn was made by J. Marsh, seconded by J. Johnson. No discussion and a vote was taken. In favor: J. Cable, J. Johnson, J. Marsh, A. Todd, G. Soucie In opposition: None Abstaining: None The Motion carried 5-0-0 The meeting adjourned at 8:47 p.m.
Jane Cable, Chairman
NEXT MEETING OF THE ZONING COMMISSION IS TUESDAY, OCTOBER 11, 2016,
7:30 P.M., MEETING HALL, 52 LYME STREET, OLD LYME, CT
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