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Zoning Commission Record of Vote 01/08/2018
RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – January 8, 2018, 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:  Harvey Gemme, alternate, Stacey Winchell, alternate and Keith Rosenfeld, Land Use Coordinator

CONTINUED PUBLIC HEARING:

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

PUBLIC HEARINGS:

1.  Site Development Plan/Special Exception Modification Application to permit the proposed Tesla Motors, Inc. Electric Vehicle Charging Station installation at 90 Halls Road, Black & Veacth on behalf of Tesla Motors, Inc., applicant.

A Motion was made by A. Todd, seconded by P. Orzel to CONTINUE the Public Hearing to the next Regular Meeting, February 12, 2018 at 7:30 p.m. in the Meeting Hall on the Site Development Plan/Special Exception Modification Application to permit the proposed Tesla Motors, Inc. Electric Vehicle Charging Station installation at 90 Halls Road, Black & Veacth on behalf of Tesla Motors, Inc., applicant.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, G. Soucie, P. Orzel, A. Todd   In opposition:  None   Abstaining:  None  The Motion carried 5-0-0  

2.  Special Permit Application to turn the existing attic into a loft with dormers front and back which will make headroom in that area higher than six feet and will still be a half-story on property located at 55 Sea View Road, Dennis LaRose, property owner/applicant.

A Motion was made by J. Marsh, seconded by P. Orzel to CLOSE the Public Hearing on the Special Permit Application to turn the existing attic into a loft with dormers front and back which will make headroom in that area higher than six feet and will still be a half-story on property located at 55 Sea View Road, Dennis LaRose, property owner/applicant.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, G. Soucie, P. Orzel, A. Todd   In opposition:  None   Abstaining:  None  The Motion carried 5-0-0  

REGULAR MEETING:

1.  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 – NO ACTION TAKEN

2.  Site Development Plan/Special Exception Modification Application to permit the proposed Tesla Motors, Inc. Electric Vehicle Charging Station installation at 90 Halls Road, Black & Veacth on behalf of Tesla Motors, Inc., applicant – PUBLIC HEARING CONTINUED TO FEBRUARY 12, 2018

3.  Special Permit Application to turn the existing attic into a loft with dormers front and back which will make headroom in that area higher than six feet and will still be a half-story on property located at 55 Sea View Road, Dennis LaRose, property owner/applicant.

A Motion was made by G. Soucie, seconded by P. Orzel to GRANT the Special Permit as follows:

Whereas, the Zoning Commission has received a Special Permit and Municipal Coastal Site Plan Review Applications dated November 21, 2017 with the following attachments:  Abutter list, Statement of Use in accordance with Section 13A.2.2, a copy of the Certificate of Zoning Compliance denial and 5 photos of the property and plans from J. W. Flower Architect dated November 20, 2017:  Drawing A entitled Site Plan for 55 Seaview Road, Drawing  A1 entitled “Existing Floor Plan”, Drawing A2 entitled Proposed Floor Plans, Drawing A3 entitled “Elevations” and Drawing A4 entitled “Building Section Thru Kitchen/Living, and

Whereas, the Zoning Commission has held a duly noticed public hearing on January 8, 2018 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.

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 approvals for a Special Permit per plans submitted for 55 Sea View Road, Old Lyme Connecticut for the expansion of an existing building or structure on nonconforming R-10 Residential Lot with no conditions and/or modifications required to be added to the final plan.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, G. Soucie, P. Orzel, A. Todd   In opposition:  None   Abstaining:  None  The Motion carried 5-0-0  

4.  New Business –  Election of Officers

A Motion was made by P. Orzel, seconded by A. Todd to nominate and elect the existing officers:  Jane Cable, Chair, Gil Soucie, Vice Chair and Jane Marsh, Secretary.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, G. Soucie, A. Todd, P. Orzel Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

5.  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.  Modified text sent out for referral comments.

A Motion was made by P. Orzel, seconded by G. Soucie to set a Public Hearing date for February 12, 2018 at 7:30 p.m. in the Meeting Hall for the modification of the newly adopted Aquifer Protection Regulation to reinstate the protection provided to the bedrock aquifers in town through the Water Resource Zone.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, G. Soucie, A. Todd, P. Orzel Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

6. Approval of Minutes   –   Minutes of the November 13, 2017 Public Hearing and Regular Meeting      

A Motion was made by P. Orzel, seconded by G. Soucie to approve the Minutes of the November 13, 2017 Public Hearing and Regular Meeting as submitted.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, G. Soucie, A. Todd, P. Orzel Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0
 Minutes of the December 11, 2017 Public Hearing and Regular Meeting – TABLED

7.  Correspondence

8.  Zoning Enforcement Report

9.  Miscellaneous/Adjournment   

A Motion was made by P. Orzel, seconded by G. Soucie to adjourn the January 8, 2018 Regular Meeting.  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 9:00 p.m.

                                                                                        
Jane Cable, Chairman    


NEXT MEETING OF THE ZONING COMMISSION IS
MONDAY, FEBRUARY 12, 2018,
7:30 P.M., MEETING HALL, 52 LYME STREET, OLD LYME, CT