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Zoning Commission Record of Vote 04/10/2017
RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – April 10, 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, G. Soucie and Paul Orzel  
Also present:  Stacey Winchell, alternate and Keith Rosenfeld, Land Use Coordinator

PUBLIC HEARING:

1.  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 G. Soucie, seconded by A. Todd to CLOSE the public hearing on 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.  No discussion and a vote was taken.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, G. Soucie, A. Todd, P. Orzel   In opposition:  None   Abstaining:  None  The Motion carried 5-0-0

2.  Special Permit Application and Municipal Coastal Site Plan Review Application to construct a building that will be a dentist office on the first floor and legal offices on the second floor on property located at 280 Shore Road in accordance with Section 5.11.3 of the Old Lyme Zoning Regulations, 280 Shore Road LLC, owner, Amity Construction and Design, applicant.

A Motion was made by G. Soucie, seconded by A. Todd to CONTINUE the public hearing to the May 8, 2017 Regular meeting at 7:30 p.m. on the Special Permit Application and Municipal Coastal Site Plan Review Application to construct a building that will be a dentist office on the first floor and legal offices on the second floor on property located at 280 Shore Road.  No discussion and a vote was taken.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, G. Soucie, A. Todd, P. Orzel   In opposition:  None   Abstaining:  None  The Motion carried 5-0-0

REGULAR MEETING:

1.  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 G. Soucie, seconded by A. Todd to GRANT with a condition as follows:
Whereas, the Zoning Commission has received a Special Permit Application with the following attachments:  Statement of Use, abutter list, map of area, copy of Zoning Compliance Permit Application, Application for Zoning Permit Town of Lyme, letter dated November 22, 2016 from Ledge Light Health District providing comments, a Site Plan entitled “Prepared for William P. & Jennifer R. Shields 87 Shore Drive – Map 67 Lot 14/Map 46 Lot 40.3 Old Lyme/Lyme, Connecticut” dated November 14, 2016 Revised 1/3/17 General Revisions, Revised 2/6/17 Revisions for Special Permit Application, Prepared by Indigo Land Design, Sheet 1 of 1 and a drawing prepared for applicants re ½ story revised date of 12-27-2016 [original date and who did the drawing not on plan] showing rear, left, front and right views of proposed structure and upper floor first floor plans.

Whereas, the Zoning Commission was to hold a public hearing which was duly noticed for March 13, 2017 but had to be postponed to the April 10, 2017 for failure of the applicant to send notices to the abutters.  At the April 10th meeting the commission 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 of approval:

1.  Prior to the issuance of a Building Permit the sewage disposal system will be code compliant.

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 with the above noted condition for a Special Permit per plans submitted at 87 Shore Drive, Old Lyme, CT for the expansion of an existing building or structure on nonconforming R-10 Residential Lot with the modifications and conditions specified.  No discussion and a vote was taken.  In favor:  J. Cable, G. Soucie, A. Todd, P. Orzel  In opposition:  None Abstaining:  J. Marsh  The Motion carried 4-0-1

2.  Special Permit Application and Municipal Coastal Site Plan Review Application to construct a building that will be a dentist office on the first floor and legal offices on the second floor on property located at 280 Shore Road in accordance with Section 5.11.3 of the Old Lyme Zoning Regulations, 280 Shore Road LLC, owner, Amity Construction and Design, applicant – Public Hearing continued to the May 8, 2017 Regular Meeting

3.  Special Permit Application and Municipal Coastal Site Plan Review Application to replace an existing 1,360 s.f. convenience store/gas station with a new 1,800 s.f. convenience store/gas station with 4 modernized gas pumps, a new canopy and minor alterations to interior islands on property located at 281 Shore Road in accordance with Section 5.11 of the Old Lyme Zoning Regulations, UMARS, LLC, applicant.
A Motion was made by G. Soucie, seconded by P. Orzel to receive the Special Permit Application and Municipal Coastal Site Plan Review Application to construct a building that will be a dentist office on the first floor and legal offices on the second floor on property located at 280 Shore Road and set a Public Hearing for Monday, June 12, 2017 at 7:30 p.m. in the Meeting Hall.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, G. Soucie, A. Todd, P. Orzel  In opposition:  None Abstaining:  None  The Motion carried 5-0-0

4.  Petition to Amend the Old Lyme Zoning Regulations, Section 17 A and 17 B Aquifer Protection Regulations and to adopt an “Aquifer Protection District Surficial Aquifer Protection Area”.  Public Hearing has been scheduled for Monday, May 8, 2017 at 7:30 p.m.

5.  New Business – None
                                        
6.  Old Business  – None

7. Approval of Minutes   –    Minutes of the February 13, 2017 Public Hearing and Regular Meeting                                    Minutes of the March 13, 2017 Regular Meeting    

A Motion was made by J. Cable, seconded by A. Todd to approve the Minutes of the February 13, 2017 Public Hearing and Regular Meeting and the Minutes of the March 13, 2017 Regular Meeting as submitted.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, G Soucie, A. Todd, P. Orzel  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 G. Soucie, seconded by P. Orzel.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, G Soucie, A. Todd, P. Orzel  In opposition:  None   Abstaining:  None  The Motion carried 5-0-0  The meeting adjourned at 8:52 p.m.

        
                                        Jane Cable, Chairman    


NEXT MEETING OF THE ZONING COMMISSION IS MONDAY, MAY 8, 2017,
7:30 P.M., MEETING HALL, 52 LYME STREET, OLD LYME, CT