RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – May 13, 2019, 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, Gil Soucie, Vice Chair, Jane Marsh, Secretary, Alan Todd, Harvey Gemme, Alternate
Also present: Keith Rosenfeld, Land Use Coordinator and new alternate, Katherine Klose
Absent: Paul Orzel
PUBLIC HEARING:
1. Special Permit Application and Municipal Coastal Site Plan Review Application for an Enlargement/Extension of an existing single family dwelling in an R-10 District where there is no new nonconformity and no increase in an existing nonconformity, meeting FEMA standards in the Zone AE located at 33 Massachusetts Road, Jonathan Gibbs, Architect, applicant, Francis and Kathryn McCarthy, owners.
A Motion was made by G. Soucie, seconded by H. Gemme to CLOSE the Public Hearing on the Special Permit Application and Municipal Coastal Site Plan Review Application for an Enlargement/Extension of an existing single family dwelling in an R-10 District where there is no new nonconformity and no increase in an existing nonconformity, meeting FEMA standards in the Zone AE located at 33 Massachusetts Road. No further discussion and a vote was taken. In favor: J. Cable, J. Marsh, G. Soucie, A. Todd, H. Gemme Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
REGULAR MEETING:
1. Special Permit Application and Municipal Coastal Site Plan Review Application for an Enlargement/Extension of an existing single family dwelling in an R-10 District where there is no new nonconformity and no increase in an existing nonconformity, meeting FEMA standards in the Zone AE located at 33 Massachusetts Road, Jonathan Gibbs, Architect, applicant, Francis and Kathryn McCarthy, owners.
A Motion was made by G. Soucie, seconded by A. Todd to GRANT with conditions along with the CAM Application as follows:
Whereas, the Zoning Commission has received Special Permit and Municipal Coastal Site Plan Review Applications dated February 27 & 28, 2019 respectively with the following attachments:
Statement of Use in accordance with Section 13A.2.2, a copy of the Certificate of Zoning Compliance denial, a breakdown on the anticipated construction costs by Central City Properties, Inc., Vision Appraisal property card, and an Abutter list. Also included is a Municipal Costal Site Plan Review Application November 27, 2018.
Plans from Jonathan Gibbs Architect, dated July 9, 2018 revised to March 28, 2019 entitled Five Generations on the Rocks, Fran & Kathryn McCarthy, 33 Massachusetts Road, Point O’ Woods, Old Lyme, CT. Drawing A includes Zoning Bulk and Areas, Second Floor Area, Building Coverage and First Floor, Cellar Floor Area, Erosion Silt and Sediment Control, Silt Fence Erosion Control, Twist Method Joining, Hay Bale Erosion, Ground Coverage Areas and Borrow/Fill Calculation Areas Key; Drawing A-0 Cellar and Foundation Plan dated July 9, 2018 revised March 28, 2019; Drawing A-1 dated July 9, 2018 revised to March 4, 2019 entitled Full Property Plan; Drawing A-2 dated July 9, 2018 revised to March 29, 2019 First floor showing existing interior and Second Floor Plan; Drawing A-3 dated July 9, 2018 revised to March 29, 2019 showing dwelling
section A South; Drawing A-4 dated July 9, 2018 revised to March 29, 2019 showing dwelling Section North and West; Drawing EX1 dated June 29, 2018 showing floor area and coverages and Sheet S-01 dated September 13, 2018 Boundary Survey property of Francis E. McCarthy & Mary Kathryn Fowler McCarthy for Property located at 33 Massachusetts Road Town of Old Lyme – County of New London – Connecticut prepared by James Bernardo Land Surveying, LLC
Whereas, the Zoning Commission has held a duly noticed public hearing on May 13, 2019 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 with the following condition required to be added to the final plan:
1. Subject to drainage review by consulting engineer.
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
Whereas, although 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 as presented is consistent with the goals and policies of the Coastal Management Act;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approvals for a Special Permit and a Municipal Coastal Site Plan Review Application per plans submitted at 33 Massachusetts Road Old Lyme, Connecticut for the expansion of an existing building or structure on nonconforming R-10 Residential Lot . No further discussion and a vote was taken. In favor: J. Cable, J. Marsh, G. Soucie, A. Todd, H. Gemme Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
2. New Business – Discussion with the Halls Road Improvement Committee regarding various zoning options on Halls Road.
– Discussion with respect to the EDC memo dated May 9, 2019 regarding assistance with the development and implementation of an economic plan for the town.
3. Old Business – Review of draft language to amend Section 4.3 Tidal Waters Protection of the Old Lyme Zoning Regulations – Tabled to next month
4. Approval of Minutes – Minutes of the April 8, 2019 Regular Meeting – Tabled to next month
5. Correspondence
6. Zoning Enforcement Report – Erosion Control Bond for the Black Hall Club, Inc., 41 & 43 Buttonball, Short Game Practice Area
Per letter dated May 1, 2019 from the Town’s consulting engineer, Tom Metcalf and his recommendation that an erosion control bond of $500.00 would be sufficient for the erosion control barrier. It is noted that this bond is solely for the erosion barrier and does not cover stabilization of disturbed areas or other erosion control measures that may be deemed necessary during construction.
A Motion was made by G. Soucie, seconded by A. Todd to require a $500.00 Erosion Control Bond for the Black Hall Club, Inc., 41 &43 Buttonball Road, Short Game Practice Area. This bond is solely for the erosion barrier and does not cover stabilization of disturbed areas or other erosion control measures that may be deemed necessary during construction. No further discussion and a vote was taken. In favor: J. Cable, J. Marsh, G. Soucie, A. Todd, H. Gemme Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
7. Miscellaneous/Adjournment
A Motion was made by J. Marsh, seconded by A. Todd to adjourn the May 13, 2019 Regular Meeting. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, G. Soucie, A. Todd, H. Gemme In opposition: None Abstaining: None The Motion carried 5-0-0 The meeting adjourned at 8:50 p.m.
Jane Cable, Chairman
THE NEXT REGULAR MEETING OF THE ZONING COMMISSION IS
MONDAY, JUNE 10, 2019, 7:30 P.M., MEMORIAL TOWN HALL,
MEETING HALL, 52 LYME STREET, OLD LYME, CT
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