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Zoning Commission Regular Minutes 9/12/05
APPROVED


OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, September 12, 2005


The Old Lyme Zoning Commission held a Regular Meeting on Monday, September 12, 2005 at 7:30 p.m. in the Auditorium of Memorial Town Hall.  Members present were Jane Marsh (Secretary – arrived at 7:50 p.m.), Tom Risom, Steven Ames (Alternate, seated) and Howard Tooker (Alternate, seated).   Also present was Ann Brown, Zoning Enforcement Officer.

1.      Convene Meeting; announcement of voting alternates.

Tom Risom called the meeting to order at 7:45 p.m.  He noted that both Mr. Ames and Mr. Tooker would be voting members this evening.

A motion was made by Howard Tooker, seconded by Steve Ames and voted unanimously to move Items 4 through 7 up on the agenda.

2.      Coastal Site Plan Application to construct a single family residence, 13-15 Caulkins Road, Michael Simone, applicant.

Ms. Brown stated that the project is within 100 feet of the tidal wetlands.  The Commission members agreed to schedule this item for a public hearing.

The Public Hearing for this item was scheduled for the October Regular Meeting.

3.      Site Plan/Special Exception Application to construct a six foot fence in the front setback, 40 Mile Creek Road, David Prilipp, applicant.  Receive and set Public Hearing.

The Public Hearing for this item was scheduled for the October Regular Meeting.

Acting Chairman Jane Marsh arrived at this time (7:50 p.m.).
4.      Site Plan/Special Exception/Coastal Site Plan Application to construct three multi-family/commercial buildings, 58-62 Hartford Avenue, 58-62 Hartford Avenue LLC, applicant..  Receive and set Public Hearing.

Ms. Brown stated that this application and the next are applications for mixed use, commercial and multi-family.  She noted that they are affordable housing applications which means that they don’t necessarily have to comply with every detail of the Zoning Regulations.  Ms. Brown stated that the applicant has proposed some modifications that go along with his applications.  She pointed out that the applications do not have enough information to be evaluated properly.  Ms. Brown stated that the Statement of Use is extremely confusing.

The Commission agreed to set the Public Hearing for the November Regular Meeting to give the applicant ample opportunity to submit the outstanding items.

A motion was made by Steve Ames, seconded by Howard Tooker and voted unanimously to receive the Site Plan/Special Exception/Coastal Site Plan Application to construct three multi-family/commercial buildings, 58-62 Hartford Avenue, 58-62 Hartford Avenue LLC, applicant and to set the Public Hearing for November 14, 2005.

5.      Site Plan/Special Exception/Coastal Site Plan Application to construct three multi-family/commercial buildings, 48-54 Hartford Avenue, 48-54 Hartford Avenue LLC, applicant..  Receive and set Public Hearing.

The Commission agreed that because this application has the same deficiencies as above, the Public Hearing would be scheduled for November.

A motion was made by Tom Risom, seconded by Howard Tooker and voted unanimously to receive the Site Plan/Special Exception/Coastal Site Plan Application to construct three multi-family/commercial buildings, 48-54 Hartford Avenue, 48-54 Hartford Avenue LLC, applicant and to set the Public Hearing for November 14, 2005.

The Commission urged Ms. Brown to contact the applicant as soon as possible to relay the list of deficiencies.

Acting Chairman Marsh recessed the Regular Meeting to conduct the Public Hearing at 7:59 p.m.  At 9:36 p.m., the Regular Meeting was reconvened.

6.      Site Plan/Special Exception/Coastal Site Plan Application to construct an office building/showroom, 4 Huntley Road, Robert Giannotti, applicant.

No action taken.  The Public Hearing has been continued to the October Regular Meeting.

7.      Site Plan/Coastal Site Plan Application to construct office space in existing storage building at 458 Shore Road, M. Brett Painting, applicant.

This application has been withdrawn.

8.      Site Plan/Special Exception Modification Application to construct a walkway from residence to dock, 17 Sandpiper Road, Patricia and Robert Volland, applicants.

No action taken.  The Public Hearing has been continued to the October Regular Meeting.

9.      Approval of Minutes.

A motion was made by Tom Risom, seconded by Steve Ames and voted unanimously to approve the minutes of the July 11, 2005 Regular Meeting and Public Hearing, the July 25, 2005 Special Meeting and the August 22, 2005 Special Meeting.

10.     Zoning Enforcement – Zoning Enforcement Report.

The Commission reviewed the Zoning Enforcement Report.  Ms. Brown stated that Attorney Knapp has written a letter to the Jib indicating that the Town considers the violations willful.  She noted that their Liquor Permit does not allow amplified music.  

Ms. Brown stated that the Judge has ruled in the Tolchinski matter.  She explained that Mr. Tolchinski has now applied to the ZBA to keep the building as it exists.  Ms. Brown stated that Attorney Knapp has served Mr. Tolchinski to make him construct the building as per the approvals received from both the Zoning Board of Appeals and the Zoning Commission.

11.     Regulation Rewrite – Set Special Meeting.

Ms. Brown explained that she has found some items that have not turned up in Attorney Branse’s revisions.  She indicated that she thinks it would be best for Attorney Branse to put together an entire set as if the review has been completed so that the Commissioner’s can look back and forth.

Ms. Marsh stated that she would like to suspend the Regulation Rewrite Meetings for a few months to get a complete work product from Attorney Branse.  

12.     Correspondence

None.



13.     Any new or old business to come before Commission.

None.

14.     Miscellaneous/Adjourn

A motion was made by Tom Risom, seconded by Howard Tooker and voted unanimously to adjourn at 9:55 p.m.

Respectfully submitted,



Susan J. Bartlett
Recording Secretary