RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Tuesday – October 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, Stacey Winchell, alternate and Harvey Gemme, alternate
Also present: Keith Rosenfeld, Land Use Coordinator
Absent: G. Soucie and Paul Orzel
CONTINUED PUBLIC HEARING:
1. Special Permit Application and Municipal Coastal Site Plan Review Application to allow the renovation and modification of an existing convenience store building and minor reconfiguration of the existing parking lot. Existing retail convenience store space will be expanded into the area currently occupied by (3) automobile bays, a walk-in cooler will replace the existing shed to the rear and a new 227 s.f. addition will be constructed at the west side of the building on property located at 85 Halls Road in accordance with Section 5.10.3 Special Permit Use of the Old Lyme Zoning Regulations, CPD Energy Corp., applicant.
A Motion was made by S. Winchell, seconded by A. Todd to CLOSE the Public Hearing on the Special Permit Application and Municipal Coastal Site Plan Review Application to allow the renovation and modification of an existing convenience store building and minor reconfiguration of the existing parking lot. Existing retail convenience store space will be expanded into the area currently occupied by (3) automobile bays, a walk-in cooler will replace the existing shed to the rear and a new 227 s.f. addition will be constructed at the west side of the building on property located at 85 Halls Road. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, A. Todd, S. Winchell, H. Gemme In opposition: None Abstaining: None The Motion carried 5-0-0
PUBLIC HEARINGS:
1. Special Permit Application to allow the service of all alcoholic beverages under the CT full Liquor Permit, currently approved for Provisional CT Beer and Wine Permit, in accordance with Section 14 – Alcohol of the Old Lyme Zoning Regulations for Stella’s Restaurant, 163 Boston Post Road, Viktoriya Seferi, applicant, Pietro Paolo Illiano, owner.
A Motion was made by H. Gemme, seconded by J. Marsh to CONTINUE THE PUBLIC HEARING to the November 13, 2017 Regular Meeting for the Special Permit Application to allow the service of all alcoholic beverages under the CT full Liquor Permit, currently approved for Provisional CT Beer and Wine Permit for Stella’s Restaurant, 163 Boston Post Road. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, A. Todd, S. Winchell, H. Gemme In opposition: None Abstaining: None The Motion carried 5-0-0
2. Special Permit Application to allow fencing over six feet in height in accordance with Section 7.4.6 of the Old Lyme Zoning Regulations for the property located at 27 McCurdy Road, William Stevens and Camille McMennamin, applicants/owners.
A Motion was made by S. Winchell, seconded by A. Todd to CLOSE THE PUBLIC HEARING for the Special Permit Application to allow fencing over six feet in height in accordance with Section 7.4.6 of the Old Lyme Zoning Regulations for the property located at 27 McCurdy Road. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, A. Todd, S. Winchell, H. Gemme In opposition: None Abstaining: None The Motion carried 5-0-0
REGULAR MEETING:
1. 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 – No action taken, decision continued to November 13, 2017 Regular Meeting
2. Special Permit Application and Municipal Coastal Site Plan Review Application to allow the renovation and modification of an existing convenience store building and minor reconfiguration of the existing parking lot. Existing retail convenience store space will be expanded into the area currently occupied by (3) automobile bays, a walk-in cooler will replace the existing shed to the rear and a new 227 s.f. addition will be constructed at the west side of the building on property located at 85 Halls Road in accordance with Section 5.10.3 Special Permit Use of the Old Lyme Zoning Regulations, CPD Energy Corp., applicant – No action taken, decision continued to November 13, 2017 Regular Meeting
3. Special Permit Application to allow the service of all alcoholic beverages under the CT full Liquor Permit, currently approved for Provisional CT Beer and Wine Permit, in accordance with Section 14 – Alcohol of the Old Lyme Zoning Regulations for Stella’s Restaurant, 163 Boston Post Road, Viktoriya Seferi, applicant, Pietro Paolo Illiano, owner – Public Hearing continued to November 13, 2017 Regular Meeting
4. Special Permit Application to allow fencing over six feet in height in accordance with Section 7.4.6 of the Old Lyme Zoning Regulations for the property located at 27 McCurdy Road, William Stevens and Camille McMennamin, applicants/owners.
A Motion was made by S. Winchell, seconded by J. Marsh to GRANT the Special Permit as follows:
Whereas, the Zoning Commission has received an application for Special Permit approval to allow fencing over six feet in height in accordance with Section 7.4.6 of the Old Lyme Zoning Regulations for the property located at 27 McCurdy Road, William Stevens and Camille McMennamin, applicants/owners;
Whereas, the Zoning Commission has held a duly noticed public hearing on October 10, 2017, and the commission has had an opportunity to hear testimony from citizens of Old Lyme and from the applicant; and
Whereas, the proposed activity is permitted by Special Permit under the Old Lyme Zoning Regulations Section 7.4.2 (b); and, because the Commission finds that there are special circumstances of the property, the Commission determines that a fence taller than six (6) feet in height is appropriate in the location proposed. The Commission also finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13A and 13B 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, privacy and convenience;
b. to conserve as much of the natural terrain and provide for vegetation on the site to the extent practical;
c. an eight (8) +/- foot tall privacy fence that will reduce light trespass and noise from traffic;
d. an eight (8) +/- foot tall privacy fence that will provide necessary privacy;
will not interfere with sight lines;
e.to be in architectural harmony with the surrounding area;
f. to protect nearby residential and preservation areas;
And whereas, the Commission has deliberated and considered the evidence presented at the hearing as well as the input of its staff and professional consultants;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for a Special Permit to construct an eight (8) +/- foot tall privacy fence as proposed along the side of the property located at 27 McCurdy Road, the property of William Stevens and Camille McMennamin. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, A. Todd, S. Winchell, H. Gemme In opposition: None Abstaining: None The Motion carried 5-0-0
5. Special Permit Application and Municipal Coastal Site Plan Review Application for construction of a 40’ x 60’ garage to work in which will not have drains, the paving equipment and trucks will be parked outside, there will be no toxic materials stored on site, there will also be an office and bathroom in the garage and there will be 2 to 5 employees, in accordance with Section 5.10.3 – Special Permit Business Service Establishment of the Old Lyme Zoning Regulations on property located at 224 Shore Road, J. Robert Pfanner, applicant, Peter Lodi, Sr., owner.
A Motion was made by A. Todd, seconded by S. Winchell to receive the Special Permit Application and Municipal Coastal Site Plan Review Application for construction of a 40’ x 60’ garage to work in which will not have drains, the paving equipment and trucks will be parked outside, there will be no toxic materials stored on site, there will also be an office and bathroom in the garage and there will be 2 to 5 employees on property located at 224 Shore Road and set a Public Hearing for Monday, November 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, S. Winchell, H. Gemme In opposition: None Abstaining: None The Motion carried 5-0-0
6. New Business – Zoning Commissions 2018 Regular Meeting Dates
A Motion was made by J. Marsh, seconded by S. Winchell to approve the Zoning Commissions 2018 Meeting Dates as submitted. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, A. Todd, S. Winchell, H. Gemme In opposition: None Abstaining: None The Motion carried 5-0-0
7. Old Business – Continued discussion with respect to modifying the newly adopted Aquifer Protection Regulation to reinstate the protection provided to the bedrock aquifers in town through the Water Resource Zone. Work in progress
8. Approval of Minutes – Minutes of the September 11, 2017 Public Hearing and Regular Meeting
A Motion was made by J. Marsh, seconded by H. Gemme to approve the Minutes of the September 11, 2017 Public Hearing and Regular Meeting as submitted. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, A. Todd, S. Winchell, H. Gemme In opposition: None Abstaining: None The Motion carried 5-0-0
9. Correspondence – None
10. Zoning Enforcement Report – None
11. Miscellaneous/Adjournment
A Motion was made by S. Winchell, seconded by H. Gemme to adjourn the October 10, 2017 Regular Meeting. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, A. Todd, S. Winchell, H. Gemme In opposition: None Abstaining: None The Motion carried 5-0-0 The meeting adjourned at 9:39 p.m.
Jane Cable, Chairman
NEXT MEETING OF THE ZONING COMMISSION IS
MONDAY, NOVEMBER 13, 2017,
7:30 P.M., MEETING HALL, 52 LYME STREET, OLD LYME, CT
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