UNAPPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Wednesday, October 13, 2004
The Old Lyme Zoning Commission held a Regular Meeting on Wednesday, October 13, 2004 at 7:30 p.m. in the Auditorium of Memorial Town Hall. Members present were Ted Kiritsis (Chairman), Tom Risom (Member, arrived at 7:37 p.m.), Howard Tooker (Alternate) and Steven Ames (Alternate). Also present was Ann Brown, Zoning Enforcement Officer.
1. Convene Meeting; announcement of voting alternates.
Chairman Kiritsis called the meeting to order at 7:30 p.m. He noted that Mr. Ames and Mr. Tooker would be seated this evening. Chairman Kiritsis immediately recessed the Regular Meeting to conduct the Public Hearing. The Regular Meeting was reconvened at 7:51 p.m.
2. Site Plan/Special Exception Application to construct a dock, 14 Sands Drive, A. Paul and Linda D’Amato, applicants.
Mr. Tooker stated that a condition of approval should be that there will be no power supply at the dock. He noted that the applicant should be given the option of having water at the dock.
A motion was made by Steve Ames, seconded by Howard Tooker and voted unanimously to approve the Site Plan/Special Exception Application to construct a dock, 14 Sands Drive, A. Paul and Linda D’Amato, applicants, as follows:
Whereas, the Zoning Commission has received applications for Site Plan and Special Exception approvals to allow construction of a dock, one sheet titled, “Site Development Plan Showing Proposed Improvements Prepared for A. Paul & Linda D’Amato, Sands Drive, Old Lyme, Connecticut,” as prepared by Angus McDonald/Gary Sharpe & Associates, Inc., Old Saybrook, Connecticut and dated September 1, 2004;
Whereas, the Zoning Commission has held a duly noticed public hearing on October 13, and the Commission has had an opportunity to hear testimony both from citizens of Old Lyme and the applicant; and
Whereas, the proposed use is permitted by Special Exception under the Old Lyme Zoning Regulations, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 31.2 of the Regulations with the following conditions:
There will be no electricity installed at the dock.
Water installation will be permitted.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 31.3, in particular that the proposed use, buildings and other structures and site development are designed and arranged as follows:
to achieve safety, comfort and convenience;
to conserve as much of the natural terrain and provide for vegetation on the site to the extent practical;
to be in architectural harmony with the surrounding area;
to protect nearby residential and preservation areas;
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 finds that the applicant has demonstrated compliance with the General Standards of Section 32.9.3, in particular that the proposed use, buildings or other structures and site development conform to the standards of this section.
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 approval to A. Paul and Linda D’Amato for the Site Plan/Special Exception applications to construct a dock on property at 14 Sands Road, Old Lyme, CT, dated this 13th day of October, 2004.
3. Preliminary Discussion, Doggie Day Care, 58 Boston Post Road.
Ms. Brown indicated that the applicants were not able to be present this evening. She explained that they would like to propose that the Commission consider adding a new use to the Regulations, as they are rewritten, for a dog day care. Ms. Brown suggested that the applicants come before the Commission with a good description of the use and some parameters so that the Commission could consider it in their Regulation rewrite. She noted that both the applicants are ill and could not make it this evening.
4. Lyme Academy of Fine Arts, Construction Bond Discussions.
Mr. Kiritsis noted that this item was discussed at the September Regular Meeting and there was some question as to whether they were in compliance with the site plan regarding the parking. Ms. Brown stated that the approval for Phase IV required 30 parking spaces on the east side (across the street). She noted that because Phase V has not gone forward, these spaces must be provided by May of 2004. Ms. Brown explained that the Academy would like to propose modifying the plan to give them relief from this requirement.
Fred Osborne, President of Lyme Academy, stated that he was not aware of the requirement for the additional lot. He noted that he asked his staff to perform a study of the parking over a two-week period. Mr. Osborne noted that there is currently a 125 car capacity and the maximum there at any one time during these two weeks was 93 cars. He noted that because of this, he would rather not pave over more ground.
Chairman Kiritsis stated that it would be appropriate to request a modification to the site plan.
5. Approval of Minutes
Action on this item was tabled until the November Regular Meeting.
6. Zoning Enforcement Report
Ms. Brown reviewed the enforcement report.
7. Regulation Rewrite – Set Special Meeting
The next Regulation Rewrite Meeting will be held on Monday, October 25, 2004 at 7:30 p.m.
8. Any new or old business to come before Commission.
Chairman Kiritsis stated that he would be on vacation for the month of November. The Commission took a 45 minute recess and the meeting reconvened at 8:59 p.m.
9. Executive Session
A motion was made by Tom Risom, seconded by Steve Ames and voted unanimously to enter Executive Session at 9:00 p.m. to discuss pending litigation, inviting Ann Brown, Zoning Enforcement Officer and Attorneys John Radshaw and Eric Knapp.
A motion was made by Tom Risom, seconded by Howard Tooker and voted unanimously to adjourn the Executive Session at 11:00 p.m.
Chairman Kiritsis noted that no decisions were made and no votes were taken during the Executive Session.
10. Miscellaneous/Adjourn
The meeting adjourned at 11:01 p.m. on a motion by Joan Bozek and seconded by Tom Risom. So voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
| 
