RECORD OF VOTE
OLD LYME ZONING COMMISSION
Regular Meeting Tuesday – November 13, 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, Jane Marsh, Secretary, Alan Todd and Paul Orzel
Also present: Kim Barrows, CZET
Absent: Gil Soucie, Vice Chair, Harvey Gemme, alternate and Keith Rosenfeld, Land Use Coordinator
A Motion was made by P. Orzel, seconded by J. Marsh to move agenda item “Public Hearing” before the “Continued Public Hearing” and if Public Hearing closes to decide on this application before continuing on to the next agenda item. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, A. Todd, P. Orzel Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
PUBLIC HEARING:
1. Special Permit Application to allow alcohol sales as an accessory use within an existing restaurant on property located at 11 Halls Road, Dock 11 Café Liquor Permit, Vincent Pacelli, Jr./applicant, Graybill Properties, LLC/property owner.
A Motion was made by P. Orzel, seconded by A. Todd to CLOSE the Public Hearing for the Special Permit Application to allow alcohol sales as an accessory use within an existing restaurant on property located at 11 Halls Road, Dock 11 Café Liquor Permit, Vincent Pacelli, Jr./applicant, Graybill Properties, LLC/property owner. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, A. Todd, P. Orzel Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
DECISION
A Motion was made by J. Marsh, seconded by A. Todd to GRANT with conditions as follows:
Whereas, the Zoning Commission has received a Special Permit Application to allow the service of alcoholic beverages under the CT Patio Liquor Permit (Restaurants and cafes ONLY), in accordance with 14.5.2 of the Old Lyme Zoning Regulations for the sale of alcoholic liquor for consumption on the premises if located within a 750-foot radius of any other premises selling alcoholic liquor for consumption on the Premises, provided that all sales of alcoholic liquor allowed under this Section shall be as an accessory use to the principal use of the serving of meals at a full service restaurant, with alcohol served only to dining patrons for Dock 11 Cafe, 11 Halls Road, Old Lyme, Vincent Pacelli, Jr, Applicant, Graybill Properties LLC, Owner.
Whereas, the proposed use is permitted under the Old Lyme Zoning Regulations, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 13.A of the Regulations.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13.A, 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; 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 with conditions the Special Permit Application for Vincent Pacelli, Jr. on the property located at 11 Halls Road, Old Lyme, CT, with the following conditions:
1. Amend the application (and any other permits) to eliminate all but acoustic entertainment;
2. Amend the Statement of Use to confirm only acoustic entertainment and only allow
consumption of alcohol on premises except that partially finished containers of wine may be
taken home by the customers who bought them; and
3. Supply a copy of the amended Liquor Commission application to Zoning Office prior to release
of the approval.
No further discussion and a vote was taken. In favor: J. Cable, J. Marsh, A. Todd, P. Orzel Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
CONTINUED PUBLIC HEARING:
1. Petition to Amend the Old Lyme Zoning Regulations, Section 5.10.3 entitled “Special Permit Uses, Per Section 13B” amended by the addition of the following use under that section: “Section 5.10 is entitled “Commercial C-30 District (C-30) and C-30S District (C-30S)” Self-Storage Unit Facility. Petitioner, Frank Maratta.
A Motion was made by J. Marsh, seconded by P. Orzel to CLOSE the Public Hearing for the Petition to Amend the Old Lyme Zoning Regulations, Section 5.10.3 entitled “Special Permit Uses, Per Section 13B” amended by the addition of the following use under that section: “Section 5.10 is entitled “Commercial C-30 District (C-30) and C-30S District (C-30S)” Self-Storage Unit Facility. Petitioner, Frank Maratta. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, A. Todd, P. Orzel Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
REGULAR MEETING:
1. Petition to Amend the Old Lyme Zoning Regulations, Section 5.10.3 entitled “Special Permit Uses, Per Section 13B” amended by the addition of the following use under that section: “Section 5.10 is
entitled “Commercial C-30 District (C-30) and C-30S District (C-30S)” Self-Storage Unit Facility. Petitioner, Frank Maratta.
A Motion was made by P. Orzel, seconded by A. Todd to GRANT with conditions as follows:
Whereas, the Applicant, Frank Maratta by Attorney Michael E. Cronin has submitted a petition to amend the Zoning Regulations with respect to Section 5.10.3 entitled “Special Permit Uses Per Section 13B” be amended with the addition of “Section 5.10 is entitled “Commercial C-30 District and Commercial C-30S Self-Storage Unit”;
Whereas, the Zoning Commission has held a duly noticed public hearing on October 9, 2018 which was continued to November 13, 2018, and the commission has had an opportunity to hear testimony from citizens of Old Lyme and others; and
Whereas, the Commission has considered the Plan of Conservation and Development (PCOD) and the Comprehensive Plan of Zoning (CPZ) and finds that the proposed change is compatible with the PCOD and CPZ; and
Whereas, the Commission has considered comments from the Old Lyme Planning Commission who at its September meeting voting unanimously to recommend the approval of the changes and others; and
Whereas, the Commission finds that there is sufficient evidence to demonstrate that the proposed changes to the text as attached to this motion are appropriate with the following conditions:
1. Section 3.2 is amended to add self-storage unit facility definition;
2. Section 5.10.3 is amended to include self-storage unit facility;
3. Buildings to be one-story only; and
4. Visual screening Buffer a minimum of 15 feet.
Whereas, the Commission finds that the proposed regulation changes will permit the Commission:
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
Whereas, the Zoning Commission has received comments from the Office of Long Island Sound Programs of the Department of Environmental Protection, after submitting the application materials to them for review, the Commission determines that the application and plans as submitted are consistent with the goals and policies of the Coastal Management Act;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to the proposed modifications to the Zoning Regulations with respect to Section 5.10.3 entitled “Special Permit Uses Per Section 13B” be amended with the addition of “Section 5.10 is entitled “Commercial C-30 District and Commercial C-30S Self-Storage Unit” in the format proposed by the applicant with the four conditions noted above.
No further discussion and a vote was taken. In favor: J. Cable, J. Marsh, A. Todd, P. Orzel Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
The effective date shall be December 31, 2018.
2. Special Permit Application to allow alcohol sales as an accessory use within an existing restaurant on property located at 11 Halls Road, Dock 11 Café Liquor Permit, Vincent Pacelli, Jr./applicant, Graybill Properties, LLC/property owner – GRANTED w/conditions
3. New Business
4. Old Business
5. Approval of Minutes – Minutes of the October 9, 2018 Public Hearing and Regular Meeting.
A Motion was made by J. Marsh, seconded by P. Orzel to approve the Minutes of the October 9, 2018 Public Hearing and Regular Meeting. No further discussion and a vote was taken. In favor: J. Cable, J. Marsh, A. Todd, P. Orzel Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
6. Correspondence
7. Zoning Enforcement Report
8. Miscellaneous/Adjournment
A Motion was made by P. Orzel, seconded by A. Todd to adjourn the November 13, 2018 Regular Meeting. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, A. Todd, P. Orzel In opposition: None Abstaining: None The Motion carried 4-0-0 The meeting adjourned at 8:40 p.m.
Jane Cable, Chairman
THE NEXT REGULAR MEETING OF THE ZONING COMMISSION IS
MONDAY, DECEMBER 10, 2018,
7:30 P.M., Meeting Hall, Old Lyme Town Hall
52 Lyme Street, Old Lyme, CT
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