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RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – February 13, 2017, 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, Jane Marsh, Secretary, Alan Todd, Paul Orzel and Stacey Winchell, alternate Also present: Keith Rosenfeld, Land Use Coordinator Absent: Gil Soucie
A Motion was made by J. Marsh, seconded by P. Orzel to change the order of the agenda to hear 57 Sea View Road before the continued public hearing for 49 Hillcrest Road. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, A. Todd, P. Orzel, S. Winchell In opposition: None Abstaining: None The Motion carried 5-0-0
PUBLIC HEARING:
1. Special Permit Application to allow construction of a second story on an existing dwelling on an undersized R-10 lot on property located at 57 Sea View Road, William and Kathleen Donlin, property owners, Gerry Karpuska, applicant.
A Motion was made by J. Marsh, seconded by P. Orzel to CLOSE the Public Hearing for the Special Permit Application to allow construction of a second story on an existing dwelling on an undersized R-10 lot on property located at 57 Sea View Road. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, A. Todd, P. Orzel, S. Winchell In opposition: None Abstaining: None The Motion carried 5-0-0
CONTINUED PUBLIC HEARING:
1. Special Permit Application to allow expansion of a dwelling on an undersized R-10 lot on property located at 49 Hillcrest Road, John and Jennifer Harrington, applicants.
A Motion was made by S. Winchell, seconded by P. Orzel to CLOSE the Public Hearing for the Special Permit Application to allow expansion of a dwelling on an undersized R-10 lot on property located at 49 Hillcrest Road. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, A. Todd, P. Orzel, S. Winchell In opposition: None Abstaining: None The Motion carried 5-0-0
REGULAR MEETING:
1. Special Permit Application to allow expansion of a dwelling on an undersized R-10 lot on property located at 49 Hillcrest Road, John and Jennifer Harrington, applicants.
A Motion was made by J. Marsh, seconded by S. Winchell to GRANT as follows:
Whereas, the Zoning Commission has received a Special Permit Application dated December 7, 2016 with the following attachments: Statement of Use, abutter list, map of area, zoning data table. Also a “Property & Topographic Survey” property of John M. Harrington and Jennifer L. Harrington 49 Hillcrest Road Old Lyme, Connecticut dated September 24, 2015, Scale 1”=10’ revised to October 1, 2015, Sheet A1.0 depicting First Floor, Second Floor and Roof Plan prepared by Jennifer Morgenthau, Architect, dated September 1, 2016, Sheet A1.1 depicting First Floor, Second Floor and Bracing Plans prepared by Jennifer Morgenthau, Architect, dated September 1, 2016, Sheet A2.0 Drawing entitled “Exterior Elevations” prepared by Jennifer Morgenthau,
Architect, dated September 1, 2016, Sheet A3.0 Drawing entitled “Building Section” prepared by Jennifer Morgenthau, Architect, dated September 1, 2016, Sheet A3.1 Drawing entitled “Wall Sections” prepared by Jennifer Morgenthau, Architect, dated September 1, 2016, Sheet S1.0 Drawing entitled “Framing Plans” prepared by Jennifer Morgenthau, Architect, dated September 1, 2016, Sheet No. S1 Showing North, South, East and West Elevations and a Foundation Plan dated 10/6/2015 prepared by RJG Consultants, LLC Structural Design Consultants, Orange, CT and Sheet No. S2 Showing Wall, and Floor Slab construction detail dated 10/6/2015 prepared by RJG Consultants, LLC Structural Design Consultants, Orange, CT 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 January 9, 2017and continued on February 13, 2017and 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.
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 per plans submitted at 49 Hillcrest Road, Old Lyme, CT for the expansion of an existing building or structure on nonconforming R-10 Residential Lot. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, A. Todd, P. Orzel, S. Winchell In opposition: None Abstaining: None The Motion carried 5-0-0
2. Special Permit Application to allow construction of a second story on an existing dwelling on an undersized R-10 lot on property located at 57 Sea View Road, William and Kathleen Donlin, property owners, Gerry Karpuska, applicant.
A Motion was made by P. Orzel, seconded by S. Winchell to GRANT as follows:
Whereas, the Zoning Commission has received a Special Permit Application dated January 9, 2016 with the following attachments: Statement of Use, abutter list, Fiduciary Deed, a sheet entitled “ Proposed Floor Above for William and Kathleen Donlin, 57 Sea View Road dated 1-5-2017 Rev. 1-12-2017, Rev. 2-9-2017” which depicts Rear, Left, Front and Right pictures of structure, floor plan for ½ story and first floor also a plot plan; and a Property Survey/Topographic Survey Prepared for William Donlin, 57 Sea View Road, Old Lyme, Connecticut dated November 18, 2016 Sheet 1 of 1 Prepared by Milone & MacBroom for the residence of William Donlin.
Whereas, the Zoning Commission has held a duly noticed public hearing on February 13, 2017and 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.
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 per plans submitted at 57 Sea View Road, Old Lyme, CT for the expansion of an existing building or structure on nonconforming R-10 Residential Lot. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, A. Todd, P. Orzel, S. Winchell In opposition: None Abstaining: None The Motion carried 5-0-0
3. Special Permit Application to construct a single family home on an undersized R-10 lot on property located at 18 West End Drive, Clinton A. & Joyce E. Hanks, Est., property owners, Russ Smith, Amity Construction, applicant.
A Motion was made by J. Marsh, seconded by P. Orzel to receive the Special Permit Application to construct a single family home on an undersized R-10 lot on property located at 18 West End Drive and NOT set a Public Hearing since the proposed construction of a new dwelling on a vacant lot did not require a Special Permit the proposal only required variances from the Zoning Board of Appeals which were obtained at the January 17, 2017 Regular Meeting of the ZBA. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, A. Todd, P. Orzel, S. Winchell In opposition: None Abstaining: None The Motion carried 5-0-0
4. Special Permit Application to renovate the existing 1st floor and to construct a half story addition on a single-story dwelling on an undersized R-10 lot on property located at 87 Shore Drive, William P. Shields, owner, Joe Wren, P.E, Indigo Land Design, agent for the applicant.
A Motion was made by S. Winchell, seconded by J. Marsh to receive the Special Permit Application to renovate the existing 1st floor and to construct a half story addition on a single-story dwelling on an undersized R-10 lot on property located at 87 Shore Drive and set a Public Hearing for Monday, March 13, 2017 at 7:30 p.m. in the Meeting Hall. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, A. Todd, P. Orzel, S. Winchell In opposition: None Abstaining: None The Motion carried 5-0-0
5. New Business – Discussion regarding the adoption of a “Source Water Protection Plan”
6. Old Business – Continuation of discussion regarding referral from the Old Lyme Planning Commission with modifications to the Plan of Conservation and Development regarding nonconforming structures in special flood hazard areas.
7. Approval of Minutes – Minutes of the January 9, 2017 Public Hearing and Regular Meeting
A Motion was made by A. Todd, seconded by P. Orzel to approve the Minutes of the January 9, 2017 Public Hearing and Regular Meeting. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, A. Todd, P. Orzel, S. Winchell In opposition: None Abstaining: None The Motion carried 5-0-0
8. Correspondence
9. Zoning Enforcement Report
10. Miscellaneous/Adjournment
A Motion to adjourn was made by S. Winchell, seconded by J. Marsh. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, A. Todd, P. Orzel, S. Winchell In opposition: None Abstaining: None The Motion carried 5-0-0 The meeting adjourned at 9:05 p.m.
Jane Cable, Chairman
NEXT MEETING OF THE ZONING COMMISSION IS MONDAY, MARCH 13, 2017,
7:30 P.M., MEETING HALL, 52 LYME STREET, OLD LYME, CT
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