APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF SPECIAL MEETING
Monday, September 24, 2007
The Old Lyme Zoning Commission held a Special Meeting on Monday, September 24, 2007 at 7:00 p.m. at the Church of Christ the King Parish Center. Members present were Ted Kiritsis (Chairman), Jane Marsh (Secretary), Jane Cable, John Johnson and Steven Ames (Alternate, seated). Also present was Ann Brown, Zoning Enforcement Officer.
1. Convene Meeting; announcement of voting alternates.
Chairman Kiritsis called the meeting to order at 7:10 p.m. He noted that Mr. Ames would be a voting alternate.
2. Regulation Rewrite
Gateway Regs
Chairman Kiritsis noted that at the prior meeting the Gateway Regulations were discussed and it was concluded that an opinion from Mark Branse would be sought. He noted that Ms. Brown posed four questions to Attorney Branse which he answered. Chairman Kiritsis noted that the answer regarding the changes to the Zoning Map was that the property owners do not need to be notified, only to make a register under Public Act 6-80.
Chairman Kiritsis stated that Attorney Branse indicated that the new regulations must be approved by the Gateway Commission before they can be adopted and the whole rewrite could be jeopardized if the text does not include the Gateway Standards. Ms. Brown indicated that she brought the enabling Statute, which states that once a Town joins Gateway by Town Meeting, the Zoning commission is required to adopt the Gateway Regulations. She noted that if the Commission does not want to adopt the Gateway Regulations, they should go to Town Meeting and vote the Town out of the Gateway Commission. Ms. Brown indicated that there is not an option to not do that. She indicated that Attorney Branse stated that the Commission can make it more restrictive or clarify it, but they must adopt it.
Mr. Ames stated that Attorney Branse was not clear in his answer. He indicated that the question was what would happen if they don’t adopt the Gateway Regulations. Ms. Brown stated that there is no discretion and not adopting is not an option. Chairman Kiritsis stated that Attorney Branse feels the Gateway Regulations could be better drafted and he has incorporated changes in the proposed regulations. Ms. Marsh stated that if the Gateway Regulations are not included, then the Commission cannot adopt any Regulations. Ms. Brown stressed that because the Town is a member of Gateway, the Zoning Commission must adopt the Gateway Regulations. Ms. Brown stated that the Town Meeting voted to become a member of Gateway and the Statutes require that member Towns must adopt the Gateway
Regulations. She noted that a Town Meeting vote would be required to drop from Gateway membership. Mr. Johnson and Mr. Ames voiced their disapproval of the Gateway Regulations.
A motion was made by Jane Cable and seconded by Jane Marsh to incorporate the Gateway Regulations in the Revised Zoning Regulations and refer the Revised Zoning Regulations to Gateway for their approval; if Gateway approval is received, a Public Hearing to consider adopting the Zoning Regulations will be scheduled. Motion did not carry 2:3, with Mr. Johnson, Mr. Ames and Mr. Kiritsis voting against.
Zoning Map
A motion was made by John Johnson, seconded by Jane Cable and voted unanimously to change the Diebolt property from MFR-80 to LI80.
Miscellaneous Sections
Site Plan/Special Exceptions
The Commission asks Attorney Branse to remove the requirement of posting signs for a public hearing and instead require certificates of mailing to the surrounding properties.
Definitions
Change deck definition to reflect that it may or may not be connected to the structure.
Section 9
9.1.4 – eliminate “and no closer to the Street Line than the Dwelling;” eliminate c. and d.
3. Adjourn
A motion was made by John Johnson, seconded by Steve Ames and voted unanimously to adjourn at 9:05 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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