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Zoning Commission Record of Vote 03/12/2018
RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – March 12, 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, Paul Orzel Harvey Gemme, alternate and Stacey Winchell, alternate
Also present:  Keith Rosenfeld, Land Use Coordinator
Absent:  G. Soucie

PUBLIC HEARING:

1.  Special Permit Application to convert the existing building into a retail store for the sale of alcoholic beverages for off premises consumption with a portion of said space being reserved for and designated as a “convenience store”, as well as construction of a new building to the rear for general storage on the property located at 214 Shore Road [the Gulf Station], Charles Bowe, applicant. [Public Hearing opened to close within 35 days of opening – 4/16/18]

A Motion was made by P. Orzel, seconded by J. Marsh to CONTINUE the Public Hearing to the April 9, 2018 Regular Meeting at 7:30 p.m. in the Meeting Hall on the Special Permit Application to convert the existing building into a retail store for the sale of alcoholic beverages for off premises consumption with a portion of said space being reserved for and designated as a “convenience store”, as well as construction of a new building to the rear for general storage on the property located at 214 Shore Road. No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, P. Orzel, A. Todd, H. Gemme  In opposition:  None   Abstaining:  None  The Motion carried 5-0-0  

CONTINUED PUBLIC HEARING:

1.  Petition to amend the newly adopted Aquifer Protection Regulation [Section 17A and Section 17B of the Old Lyme Zoning Regulations] by reinstating the protection provided to the bedrock aquifers in town through the Water Resource Zone and adopt an “Aquifer Protection District Surficial Aquifer Protection Area”.  This also includes text change to Section 2 Area/Use Classification (Section 2.4.2) which proposed text changes align with newly revised Section 17.  [No time limits, Zoning Commission applicant]

A Motion was made by J. Marsh, seconded by P. Orzel to CONTINUE the Public Hearing to the April 9, 2018 Regular Meeting at 7:30 p.m. in the Meeting Hall on the Petition to amend the newly adopted Aquifer Protection Regulation [Section 17A and Section 17B of the Old Lyme Zoning Regulations] by reinstating the protection provided to the bedrock aquifers in town through the Water Resource Zone and adopt an “Aquifer Protection District Surficial Aquifer Protection Area”.  This also includes text change to Section 2 Area/Use Classification (Section 2.4.2) which proposed text changes align with newly revised Section 17. No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, P. Orzel, A. Todd, 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 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. [Decision to be made 3/12/2018]

A Motion was made by J. Marsh, seconded by A. Todd to DENY 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 for the following reasons:

I, Jane Cable, find the following in the order that they were given in the memorandum given to the Zoning Commission by Keith Rosenfeld as criteria for decision making.  One is that the proposed project does not protect property values this is taken from the testimony of the residents in the area at the Public Hearing.  From the same testimony the proposed use is not in harmony with the surrounding area.  It is believed it does not conform to our definition of a business service establishment.  I feel that it does not harmonize or enhance the neighborhood.  I believe that the closeness to the Connecticut Water Company well field has a potential negative impact on the ground water supplies.  And I find that the intensity of the use is too heavy.  I have two statements that come not so much from testimony at the hearing, one is our engineer’s suggestion that the access for the CT Water Company be specifically delineated and I do not recall if it has been or not and my personal feeling is that this would require more oversight than this town has resources for given the history of ignoring zoning by Mr. Lodi and Mr. Anton. I have no belief, no good faith belief that any restrictions we [the Zoning Commission] put on the property would be regularly followed and we don’t have the resources to check on that everyday. So I would vote to deny it.  Jane Marsh agrees there are so many limitations that would have to be put on this in order to make it conform to the neighborhood that we would not be able to enforce so we would not be serving the community to allow it in the first place.  I do believe that the proposal as they made it crowded way too much activity within a very small space as well.  Which would mean that even the applicant would have a hard time conforming, rearranging all the vehicles every night to be in that very tight little area that they said it would be in between the garage and the fence.  I am almost sure he wouldn’t do that so instead, he is proposing something that he wouldn’t conform to either.  It is not something you want to say yes to, you can’t say yes to it.  It is not appropriate for the neighborhood, his particular proposal and the type of use in general.  Alan Todd also concurred and stated he made a note that the lot is really too small for the size and the amount of equipment to be operated on it.  During one of the hearings the Commission discussed limiting setbacks and the areas which would be used that were acceptable to the Commission but those suggestions were not acceptable to the applicant.  So we hit an impasse on that issue that was unacceptable to the Commission.  Paul Orzel states that he concurs with all that has been said.  But where I really have an issue and I have struggled with the pedigree of the property, if you will the historical usage, the disregard I think that it demonstrates that there is lack of regard for the town’s regulations and the neighbors and to me it just plays out as just do it and ask for forgiveness later.  Based on everything said I am not in favor of it.  No further discussion and Chairman Cable asked for a vote:  In favor:  J. Cable, J. Marsh, P. Orzel, A. Todd   In opposition:  None   Abstaining:  None  The Motion carried 4-0-0  

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 closed 2/12/18 - Decision to be made within 65 days of closing 4/18/18]

A Motion was made by P. Orzel, seconded by A. Todd to Table the Decision to the April 9, 2019 Regular Meeting 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.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, P. Orzel, A. Todd, H. Gemme  In opposition:  None   Abstaining:  None  The Motion carried 5-0-0  

3.  Petition to amend the newly adopted Aquifer Protection Regulation [Section 17A and Section 17B of the Old Lyme Zoning Regulations] by reinstating the protection provided to the bedrock aquifers in town through the Water Resource Zone and adopt an “Aquifer Protection District Surficial Aquifer Protection Area”.  This also includes text change to Section 2 Area/Use Classification (Section 2.4.2) which proposed text changes align with newly revised Section 17.  [No requirement to make a decision on a particular date] – Public Hearing continued to the April 9, 2018 Regular Meeting

4.  Special Permit Application to convert the existing building into a retail store for the sale of alcoholic beverages for off premises consumption with a portion of said space being reserved for and designated as a “convenience store”, as well as construction of a new building to the rear for general storage on the property located at 214 Shore Road [the Gulf Station], Charles Bowe, applicant – Public Hearing continued to the April 9, 2018 Regular Meeting

5.  New Business – Discussion and action on PA 17-55 – Temporary Health Care Structures.  

A Motion was made by H. Gemme, seconded by P. Orzel to set a Public Hearing date for April 9, 2018 at 7:30 p.m. in the Meeting Hall for input on PA 17-55 – Temporary Health Care Structures No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, P. Orzel, A. Todd, H. Gemme  In opposition:  None   Abstaining:  None  The Motion carried 5-0-0  

6.  Old Business

7. Approval of Minutes   –   Minutes of the February 12, 2018 Public Hearing and Regular Meeting –Tabled to next month
                                                             
8.  Correspondence

9.  Zoning Enforcement Report

10.  Miscellaneous/Adjournment  

A Motion was made by P. Orzel, seconded by H. Gemme to adjourn the March 12, 2018 Regular Meeting.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, A. Todd, P. Orzel, H. Gemme   In opposition:  None   Abstaining:  None  The Motion carried 5-0-0  The meeting adjourned at 10:30 p.m.
                                        Jane Cable, Chairman    


NEXT MEETING OF THE ZONING COMMISSION IS MONDAY, APRIL 9, 2018,
7:30 P.M., MEETING HALL, 52 LYME STREET, OLD LYME, CT