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Zoning Commission Record of Vote 05/14/2018
RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – May 14, 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 and voting:  Jane Cable, Chair, Alan Todd, Harvey Gemme, alternate and Stacey Winchell, alternate
Also present:  Keith Rosenfeld, Land Use Coordinator
Absent:  Jane Marsh, Secretary, G. Soucie and Paul Orzel

CONTINUED 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.   By letter dated May 14, 2018 from the Applicant’s attorney, Michael Cronin, this Special Permit Application is being WITHDRAWN

PUBLIC HEARINGS:

1.   Special Permit Application to create an accessory apartment approximately 750 square feet, changing the use of one portion of circa 1900 barn/outbuilding on property located at 110 Lyme Street, S.D. Hallahan Housewright, Inc., applicant, John and Barbara Noyes, property owner.

2.  Connecticut General Statutes 8-30g – Affordable Housing Application for 18-1 Neck Road (formerly 16 Neck Road) for 23 dwelling units.  Graybill Properties, LLC, property owner.  Neck Road HOPE Housing, LLC, applicant.  To be known as River Oak Commons I.

3.  Connecticut General Statutes 8-30g – Affordable Housing Application for 18-2 Neck Road (formerly 16 Neck Road) for 14 dwelling units.  Graybill Properties, LLC, property owner.  Neck Road HOPE Housing, LLC, applicant.  To be known as River Oak Commons II.  

REGULAR MEETING:

A Motion was made by S. Winchell, seconded by H. Gemme to move agenda items numbered 3 and 4 to items 1 and 2 and then renumber the agenda.  No discussion and a vote was taken.  In favor:  J. Cable, A. Todd, H. Gemme, S. Winchell   In opposition:  None   Abstaining:  None  The Motion carried 4-0-0  

Per a letter dated May 10, 2018 from David Royston, Esquire, attorney for the applicant HOPE Housing, LLC requesting that the opening of the public hearing for Affordable Housing Application for 18-1 Neck Road (formerly 16 Neck Road) for 23 dwelling units.  Graybill Properties, LLC, property owner.  Neck Road HOPE Housing, LLC, applicant.  To be known as River Oak Commons I and Affordable Housing Application for 18-2 Neck Road (formerly 16 Neck Road) for 14 dwelling units.  Graybill Properties, LLC, property owner.  Neck Road HOPE Housing, LLC, applicant.  To be known as River Oak Commons II be opened at a Special Meeting on Tuesday, June 5, 2018.    

1.  [3.]  Connecticut General Statutes 8-30g – Affordable Housing Application for 18-1 Neck Road (formerly 16 Neck Road) for 23 dwelling units.  Graybill Properties, LLC, property owner.  Neck Road HOPE Housing, LLC, applicant.  To be known as River Oak Commons I.  

A Motion was made by S. Winchell, seconded by A. Todd to postpone the opening of the Public Hearing for Affordable Housing Application for 18-1 Neck Road (formerly 16 Neck Road) for 23 dwelling units. Graybill Properties, LLC, property owner.  Neck Road HOPE Housing, LLC, applicant.  To be known as River Oak Commons I to a Special Meeting to be held on Tuesday, June 5, 2018 in the Meeting Hall of the Memorial Town Hall, 52 Lyme Street at 7:30 p.m. No discussion and a vote was taken.  In favor:  J. Cable, A. Todd, H. Gemme, S. Winchell   In opposition:  None   Abstaining:  None  The Motion carried 4-0-0  

2.  [4.]  Connecticut General Statutes 8-30g – Affordable Housing Application for 18-2 Neck Road (formerly 16 Neck Road) for 14 dwelling units.  Graybill Properties, LLC, property owner.  Neck Road HOPE Housing, LLC, applicant.  To be known as River Oak Commons II.  

A Motion was made by S. Winchell, seconded by A. Todd to postpone the opening of the Public Hearing for Affordable Housing Application for 18-2 Neck Road (formerly 16 Neck Road) for 14 dwelling units. Graybill Properties, LLC, property owner.  Neck Road HOPE Housing, LLC, applicant.  To be known as River Oak Commons II to a Special Meeting to be held on Tuesday, June 5, 2018 in the Meeting Hall of the Memorial Town Hall, 52 Lyme Street at 7:30 p.m. No discussion and a vote was taken.  In favor:  J. Cable, A. Todd, H. Gemme, S. Winchell   In opposition:  None   Abstaining:  None  The Motion carried 4-0-0  

3.   Special Permit Application to create an accessory apartment approximately 750 square feet, changing the use of one portion of circa 1900 barn/outbuilding on property located at 110 Lyme Street, S.D. Hallahan Housewright, Inc., applicant, John and Barbara Noyes, property owner.  

A Motion was made by S. Winchell, seconded by A. Todd to GRANT with condition as follows:

Whereas, the Zoning Commission has received an application for Special Permit approval to allow an Accessory Apartment in accordance with Section 7.8.2.1 of the Old Lyme Zoning Regulations for the property located at 110 Lyme Street, John and Barbara Noyes, applicants/owners within an existing Accessory Building which such Accessory Building was in existence on January 1, 1997, in accordance with Section 13 of the Regulations.

Whereas, the Zoning Commission has held a duly noticed public hearing on May 14, 2018, and the commission has had an opportunity to hear testimony from citizens of Old Lyme and from the applicant;

In addition to the requirements of Section 13, the application for Special Permit has been accompanied by:

A.      An affidavit of ownership and occupancy signed by the owner of the Premises that
the owner shall occupy one (1) of the Dwelling Units as the owner’s principal residence
except or bona fide temporary absences;

B.      A floor plan showing proposed rooms and alterations to the Building and site
development plan showing existing structures;

C.      A certification from the Ledge Light Health District that the water supply and
sewage disposal systems serving the premises, either existing, or as proposed with such
 modifications thereof, conform to current State Sanitary Code requirements and are
 adequate to
serve both the single family dwelling unit and Accessory Apartment.

Whereas, the proposed activity is permitted by Special Permit under the Old Lyme Zoning Regulations Section 7.8.2.2 and, because the Commission finds that there are special circumstances of the property;

        A.      Accessory Apartment is subordinate and located only on a conforming Lot in a
        Rural Residential RU-40 Zoning District;

        B.      Accessory Apartment shall be occupied by an owner of the Premises as that
         owner’s principal residence except for bona fide temporary absences;

        C.      Accessory Apartment shall have a minimum living space of 500 square feet of Floor
        Area and a maximum living space of: (i) 800 square feet of Floor Area; or, (ii) 25% of the
        total living space of the Single Family Dwelling, whichever is less.

        D.      No more than three (3) persons shall occupy the Accessory Apartment;

        E.      Accessory Apartment shall have a kitchen and complete bathroom separate from
        such facilities of the Single Family Dwelling unit.

        F.      Two (2) off-street Parking Spaces shall be provided in addition to the Parking Spaces
        required for the Single Family Dwelling.

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 with the following conditions and/or modifications required to be added to the final plan:  

        1.  The condition is that prior to the issuance of a Building Permit the applicant provide proof that the abutting property owners were sent notice of the Public Hearing.

        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:

And whereas, the Commission has deliberated and considered the evidence presented at the hearing as well as the input of its staff;

Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for a Special Permit to allow an Accessory Apartment in accordance with Section 7.8.2 of the Old Lyme Zoning Regulations for the property located at 110 Lyme Street, John and Barbara Noyes, applicants/owners.  No discussion and a vote was taken.  In favor:  J. Cable, A. Todd, H. Gemme, S. Winchell   In opposition:  None   Abstaining:  None  The Motion carried 4-0-0  

4.  New Business

5.  Old Business

6. Approval of Minutes   

–   Minutes of the February 12, 2018 Public Hearing and Regular Meeting–Tabled to next month

–   Minutes of the March 12, 2018 Public Hearing and Regular Meeting –Tabled to next month

–   Minutes of the April 9, 2018 Public Hearing and Regular Meeting –Tabled to next month
                             
7.  Correspondence

8.  Zoning Enforcement Report

9.  Miscellaneous/Adjournment   

A Motion was made by H. Gemme, seconded by S. Winchell to adjourn the May 14, 2018 Regular Meeting.  No discussion and a vote was taken.  In favor:  J. Cable, A. Todd, H. Gemme, S. Winchell   In opposition:  None   Abstaining:  None  The Motion carried 4-0-0  The meeting adjourned at 8:00 p.m.
        
                                Jane Cable, Chairman    


NEXT MEETING OF THE ZONING COMMISSION IS MONDAY, JUNE 11, 2018,
7:30 P.M., MEETING HALL, 52 LYME STREET, OLD LYME, CT