RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
MONDAY – April 13, 2009, 7:30 P.M.
Memorial Town Hall
52 Lyme Street
1. Convene Meeting; present and voting were regular members, Tom Risom, Chairman, Jane Cable, Vice Chairman, Jane Marsh, Secretary, Patrick Looney and John Johnson. [Pat Looney recused himself for SP 83 Shore Drive and alternate, Ted Kiritsis was seated for this hearing and voted on it. T. Kiritsis was also seated after member J. Cable left at approximately 10:30 p.m.]
Also present were Ted Kiritsis (alternate), Beth Sullivan (alternate), John Eichholz (alternate), Ann Brown, Zoning Enforcement Officer and Kim Barrows.
CONTINUED PUBLIC HEARING
1. Special Permit Application/Coastal Site Plan Application to construct a structure in the Gateway Conservation Zone in excess of 4,000 square feet – 7 Town Landing Road - Steven A. and Barbara Gaudio - the public hearing was continued until the April 13th Regular Meeting to await a decision from the Inland Wetlands Commission, a wetlands permit has been issued.
A Motion was made by J. Cable, seconded by J. Johnson to close the public hearing on Special Permit/Coastal Site Plan Application – Gaudio, 7 Town Landing Road. No discussion and a vote was taken. The motion passed unanimously.
PUBLIC HEARING
1. Petition to amend the Old Lyme Zoning Regulations, to add a new Section 5.14 School District (SD) as a new zone. Petition includes amendments to Schedule B-2 to incorporate the various bulk requirements of the new zone, Regional School District 18, petitioner.
A Motion was made by J. Cable, seconded by P. Looney to close the public hearing on the Petition to amend the Old Lyme Zoning Regulations to add a new Section 5.14 School District (SD). No discussion and a vote was taken. The motion passed unanimously.
2. Petition to amend the Old Lyme Zoning Map to apply the new School District (SD) zone to the property containing the Old Lyme High School Campus, Regional School District 18, petitioner.
A Motion was made by J. Cable, seconded by P. Looney to close the public hearing on the Petition to amend the Old Lyme Zoning Map to apply the new School District (SD) zone. No discussion and a vote was taken. The motion passed unanimously.
3. Special Permit Application – 83 Shore Drive, proposed dormer addition to existing single family dwelling – applicant, Michael C. Brady – Pat Looney recused himself, Ted Kiritsis, alternate, seated.
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A Motion was made by J. Johnson, seconded by J. Marsh to close the public hearing on Special Permit -Brady, 83 Shore Drive. No discussion and a vote was taken. The motion passed unanimously.
4. Special Permit/Coastal Site Plan Application – 92-1 Hillcrest Road, to permit renovations and changes to an existing single family 4 bedroom dwelling – applicants, Richard and Kathleen Ramondetta.
A Motion was made by J. Cable, seconded by J. Johnson to close the public hearing on Special Permit/ Coastal Site Plan Application – Ramondetta, 92-1 Hillcrest Road. No discussion and a vote was taken. The motion passed unanimously.
REGULAR MEETING
Motion to amend the agenda to move agenda item numbers 9 and 10 to be heard after item number 1 and add Special Permit Application – 18 Clifton Street, Odishoo, to permit construction of a garage with storage - receive application and set public hearing as agenda item number 4. The motion was made by J. Cable, seconded by J. Marsh. No discussion and the motion passed unanimously.
1. Special Permit Application – 109 Four Mile River Road. Town of Old Lyme is proposing to construct a new bus parking facility on Four Mile River Road.
A Motion was made by J. Marsh, seconded by P. Looney to receive the Special Permit Application for 109 Four Mile River Road, Town of Old Lyme Bus Barn and set a public hearing for June 8, 2009. No discussion and a vote was taken. The motion was approved unanimously.
2. Discussion re: liquor permit to serve alcohol on outside patio/deck at the Pavilion Restaurant, 85 Swan
Avenue. The Commission discussed this item and Mr. Marratta read a statement into the record stating the Pavilion has been serving patrons on the outdoor deck since 1979, and they are not asking for any change in usage or increase in building capacity from what has been in existence for the past 30 years. After discussion the consensus of the Commission was that the matter should be decided under the Special Permit process and to hold a public hearing.
3. Special Permit Application to permit service of alcohol on outside patio/deck – 85 Swan Avenue, Pavilion
Restaurant, Frank Marratta.
A Motion was made by J. Johnson, seconded by J. Marsh to receive the Special Permit Application for 85 Swan Avenue, Pavilion and set a public hearing for May 11, 2009. No discussion and a vote was taken. The motion was approved unanimously.
4. Special Permit Application – 18 Clifton Street, Odishoo, to permit construction of a garage with storage.
A Motion was made by J. Cable, seconded by J. Johnson to receive the Special Permit Application for 18 Clifton Street and set a public hearing for May 11, 2009. No discussion and a vote was taken. The motion was approved unanimously.
5. Special Permit Application – 42 Breen Avenue. Remove existing year-round dwelling and construct new year-round dwelling – Nicholas DiCorleto, Jr., applicant.
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A Motion was made by J. Johnson, seconded by P. Looney to receive the Special Permit Application for 42 Breen Avenue and set a public hearing for May 11, 2009. No discussion and a vote was taken. The motion was approved unanimously.
6. Special Permit Application/Coastal Site Plan to construct a structure in the Gateway Conservation Zone in excess of 4,000 square feet – 7 Town Landing Road - Steven A. and Barbara Gaudio.
A Motion was made by J. Cable, seconded by P. Looney to approve Special Permit Application/Coastal Site
Plan, 7 Town Landing Road. Discussion: J. Johnson questioned the deed restriction and felt the Commission’s
counsel should be contacted for input, P. Looney agrees. J. Johnson also has an issue with the amount of fill to
brought on the property. J. Marsh stated deed restriction ends in ten years, J. Cable stated that the Town’s
engineer reviewed the plans and Commission shouldn’t second guess. After the discussion the Chair asked if
the maker of the motion wanted to withdraw the motion. J. Cable withdrew the motion and P. Looney
concurred. The motion on the table was withdrawn.
The consensus of the Commission was to table the decision until the May 11, 2009 meeting to seek input
from legal counsel and the Town’s engineer.
7. Petition to amend the Old Lyme Zoning Regulations, to add a new Section 5.14 School District (SD) as a new zone. Petition includes amendments to Schedule B-2 to incorporate the various bulk requirements of the new zone, Regional School District 18, petitioner.
A Motion was made by J. Johnson, seconded by J. Cable to amend the Old Lyme Zoning Regulation to add new Section 5.14 with the following changes: to remove the word “stadium” in Section 5.14.4; delete “a.” in Section 5.14.5.3 and re-letter; reword item now letter “a.” to read as follows: Athletic field lighting: Outdoor lighting facilities intended for the illumination of athletic tracks or fields are not required to be shielded but “shall be designed and operated to minimize trespass lighting”. Also amend Schedule B-2 to incorporate various bulk requirements for new zone. No discussion and a vote was taken. The motion was approved unanimously.
8. Petition to amend the Old Lyme Zoning Map to apply the new School District (SD) zone to the property containing the Old Lyme High School Campus, Regional School District 18, petitioner.
A Motion was made by J. Cable, seconded by J. Johnson to amend the Old Lyme Zoning Map to apply the new School District (SD). No discussion and a vote was taken. The motion was approved unanimously.
A Motion was made by J. Cable, seconded by J. Johnson to set an effective date for both the Old Lyme regulation amendment and the amendment to the Old Lyme Zoning Map to apply the new School District (SD). The effective date will be May 1, 2009. No discussion and a vote was taken. The motion was approved unanimously.
9. Special Permit Application – 83 Shore Drive. Proposed Dormer addition to existing single family dwelling on property located at 83 Shore Drive, owned by Michael C. Brady.
A Motion was made by J. Marsh, seconded by J. Johnson to approve the Special Permit Application for 83 Shore Drive as submitted with no restrictions. No discussion and a vote was taken. The motion was approved unanimously.
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10. Special Permit/Coastal Site Plan Application to permit renovations and changes to an existing single family 4 bedroom dwelling – 92-1 Hillcrest Road, Richard and Kathleen Ramondetta.
After discussion regarding the septic connection and the size of the shed/garage, the Commission decided to table the decision until the May 11, 2009 meeting to take a closer look at the septic, the plans and the shed/garage.
11. Referral from the Planning Commission with respect to a proposed amendment to Section 3.9.4 of the Old Lyme Subdivision Regulations. Letter sent to the Planning Commission on April 8, 2009 for submission at the Public Hearing held on April 9, 2009.
**J. Cable left the meeting at approximately 10:30 p.m. and Ted Kiritsis was seated for the remainder of the evening**
12. Site Development Plan/Municipal Coastal Site Plan Review Application – to permit dock modifications
at South Lyme Marina, 8 Bank Road, Keith Neilson, P.E. Docko, applicant’s agent.
A Motion was made by J. Marsh, seconded by J. Johnson to receive the Site Development Plan/Municipal Coastal Site Plan Review Application for South Lyme Marina, 8 Bank Road and set a public hearing for May 11, 2009. No discussion and a vote was taken. The motion was approved unanimously.
13. Special Permit Application re placement of fencing on property at 227 Shore Road, Alice Marie
Fitzgerald, applicant.
A Motion was made by J. Johnson, seconded by P. Looney to receive the Special Permit Application for 227 Shore Road and set a public hearing for June 8, 2009. No discussion and a vote was taken. The motion was approved unanimously.
14. Petition for Amendment of the text to the Zoning Regulations, Section 12, Planned Residential Conservation Development. Public Hearing has been set for May 11, 2009.
15. Graybill Properties, 11 Halls Road – Discussion re resolution re chimney for exhaust hood. To be removed
as agenda item since applicant is going to correct outstanding issue by painting the chimney for exhaust hood.
16. 83 Hartford Avenue – Discussion re status re mechanical equipment box and landscaping per letter sent to
applicant on February 5, 2009 – Letter to be sent to Mr. Keith Grills re plans to comply.
17. Review finalized version of Registry Regulations and set Public Hearing – should have a final revision at May 11, 2009 meeting.
18. Discuss Zoning Regulation Section 11.13 –Alternative Energy Systems.
19. Approval of Minutes - Regular Meeting of March 9, 2009
A Motion was made by P. Looney, seconded by T. Kiritsis to approve the March 9, 2009 Public Hearing minutes and the Regular Meeting minutes. No discussion and a vote was taken. The motion was approved. J. Johnson abstained.
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20. Any new or old business
21. Correspondence - None
22. Zoning Enforcement
a. Zoning Enforcement Report
b. Site Inspection Report
23. Miscellaneous/Adjourn
A Motion was made by T. Kiritsis, seconded by J. Johnson to adjourn the April 13, 2009 Regular Meeting. No discussion and a vote was taken. The motion was approved unanimously. The meeting adjourned at 11:20 p.m.
Tom Risom, Chairman
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