RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
MONDAY – May 11, 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 Ted Kiritsis (alternate).
Also present Beth Sullivan (alternate), John Eichholz (alternate) and Kim Barrows. Absent: John Johnson
PUBLIC HEARINGS
1. Petition for Amendment of the text to the Zoning Regulations, Section 12, Planned Residential Conservation Development. Proposed new Section 12.9.1 PRCD Incentive – Osprey Landing, LLC, applicant.
The applicant’s gave a presentation and asked that the Public Hearing be continued to the June 8, 2009 meeting so that they can make a presentation using graphics and invite the Planning Commission and others who are interested to attend as well.
A Motion was made by J. Cable, seconded by J. Marsh to CONTINUE the public hearing to June 8, 2009 for Osprey Landing, LLC, an amendment to Section 12, PRCD regulation. No discussion and a vote was taken. The motion passed unanimously.
2. Special Permit Application – 42 Breen Avenue, to permit removal of existing 1 ¾ story year-round dwelling and construct new two story year-round dwelling – Nicholas DiCorleto, Jr., applicant – WITHDRAWN
3. Site Development Plan/Municipal Coastal Site Plan Review Application – to permit dock modifications and driveway/parking area improvements at South Lyme Marina, 8 Bank Road, Keith Neilson, P.E. Docko, applicant’s agent.
A Motion was made by J. Marsh, seconded by P. Looney to close the public hearing on Site Development Plan/Municipal Coastal Site Plan Review Application, South Lyme Marina, 8 Bank Road. No discussion and a vote was taken. The motion passed unanimously.
4. Special Permit Application – 18 Clifton Street, to permit construction of a 32’ x 24’ two bay garage with office space and storage area above, Larry Odishoo, applicant.
After discussion with the applicants, this matter was tabled to next month to open the public hearing so that they can obtain the Septic Plan. The public hearing is scheduled to open on June 8, 2009.
REGULAR MEETING
1. 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 for Approval was made by Jane Cable, seconded by and voted as follows: In Favor – T. Risom, J. Cable, J. Marsh, P. Looney Opposed – None Abstained – T. Kiritsis
Whereas, the Zoning Commission has received an application for a Special Permit/Coastal Site Plan approval to permit a dwelling in excess of 4,000 square feet, for property of Steven A. and Barbara Gaudio located at 7 Town Landing Road, the following drawings prepared by Point One Architects, “Proposed Landscape Plan” sheet L-1, “Proposed Floor Plans – A1.1 and A1.2”, “Proposed Elevations – A2.1 and A2.2” and “Detached Garage Proposed Floor Plans & Elevations” sheet AG1.1 dated January 12, 2009. Title Sheet, Existing Conditions/Demo Plan, Site Plan, Grading, Utility & Erosion Plan, Subsurface Sewage Disposal Systems and Misc. Construction Details prepared by Harkin Engineering, LLC dated
January 2, 2009, revised February 23, 2009 and revised again through to March 4, 2009 changing house location. A Topographic Survey of 7 Town Landing Road, Old Lyme, CT prepared for Steven and Barbara Gaudio dated March 12, 2009, sheet 1 of 1 prepared by Gesick & Associates, P.C. A revised Landscaping Plan, Sheet L1.1 dated 4/13/2009 prepared by Point One Architects for the Gaudio Residence at 7 Town Landing Road.
Whereas, the Zoning Commission has held a duly noticed public hearing on February 9, 2009 which was then continued to March 9, 2009 and further continued to April 13, 2009, and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and from the applicants; and
Whereas, the Zoning Commission deferred the decision until May 11, 2009 for clarification from counsel on the deed restriction; and
Whereas, the proposed activity (residential structure over four thousand (4,000) square feet in total floor area) is permitted by Special Permit under the Old Lyme Zoning Regulations Sections 4.10.12.3. The Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13A, 13B and Section 4.10.12 of the Regulations and waives the submission of any additional information which might otherwise not be necessary in order to decide the application but grants with the following conditions and/or modifications required to be added to the final plan:
1. Written approval from the Director of Health that is consistent with the opinion of the Old Lyme
Assistant Sanitarian.
2. Between Memorial Day and Labor, trucks carrying and moving fill shall only operate Monday
thru Friday until noon, excepting holidays.
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 and plans as revised are consistent with the goals and policies of the Coastal Management Act;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for a Special Permit to construct a new dwelling per plans submitted and approves the Municipal Coastal Site Plan Review Application for property at 7 Town Landing Road Old Lyme, CT, with the conditions specified.
2. 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 –
Motion for Approval made by Jane Marsh, seconded by Jane Cable, and voted as follows: In Favor - T. Risom, J. Cable, J. Marsh, T. Kiritsis Opposed - P. Looney Abstaining - None
Whereas, the Zoning Commission has received an application for Special Permit approval, along with a Municipal Coastal Site Plan Review Application, for property of Kathleen and Richard Ramondetta, with a Coastal Site Plan/Site Development Plan dated March 12, 2009 and revised to April 13, 2009 prepared by Angus McDonald Gary Sharpe Associates, Inc.; a Modified Plot Plan, Sheet L-1 dated March 5, 2009, revised to April 13, 2009 prepared by Deveaux Architects; Property Survey of Kathleen A. Ramondetta, Revocable Trust, Sheet 1 of 1 dated August 29, 2008 prepared by Hendricks Associates; Sheet A1 Revised Concept First Floor Plan Layout, dated December 12, 2008 and revised through January 23, 2009, Sheet A2 Concept Second Floor Plan Layout dated
January 9, 2009, Sheets A3 and A4 dated January 9, 2009 depicting west elevation and cross section and Sheet A5 dated January 23, 2009 depicting north elevation and side view, Sheet A1 showing First floor & Second Floor existing conditions dated March 6, 2009, and Sheet A2 showing existing condition elevations dated March 6, 2009 all prepared by Deveaux Architects.
Whereas, the Zoning Commission has held a duly noticed public hearing on April 13, 2009, and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and from the applicant; and
Whereas, the Zoning Commission deferred the decision until May 11, 2009 for review of the documents submitted at the April 13th Public Hearing; 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 conditions and/or modifications required to be added to the final plan:
1. An A-2 survey with actual existing site elevations at base of the building and proposed elevations shall be provided to verify compliance with 24’ building height.
2. Construction sequence to be added to Site Development Plan and Modified Plot Plan with A-2 survey information included.
- No building materials or debris will be buried or remain on site.
4. As-built plan also to be prepared prior to Certificate of Occupancy with final grade at foundation and elevations.
5. Once construction commences, no occupancy of the building until off-site sewer is operating and certified by consulting engineers.
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:
- 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 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 and plans as revised are consistent with the goals and policies of the Coastal Management Act;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for a Special Permit to construct a new dwelling per plans submitted and approves the Municipal Coastal Site Plan Review Application at 92-1 Hillcrest Road, Old Lyme, CT, with the modifications and conditions specified.
3. Petition for Amendment of the text to the Zoning Regulations, Section 12, Planned Residential Conservation Development. Proposed new Section 12.9.1 PRCD Incentive – Osprey Landing, LLC, applicant – Public hearing continued to June 8, 2009
4. Special Permit Application – 42 Breen Avenue, to permit removal of existing 1 ¾ story year-round dwelling and construct new two story year-round dwelling – Nicholas DiCorleto, Jr., applicant – WITHDRAWN
5. Site Development Plan/Municipal Coastal Site Plan Review Application – to permit dock modifications and driveway/parking area improvements at South Lyme Marina, 8 Bank Road, Keith Neilson, P.E. Docko, applicant’s agent.
A Motion was made by J. Cable, seconded by P. Looney to DEFER the decision to the June 8, 2009 meeting in order to seek advice from counsel re riparian rights on Site Development Plan/Municipal Coastal Site Plan Review Application, South Lyme Marina, 8 Bank Road. No discussion and a vote was taken. The motion passed unanimously. Beth Sullivan was seated for regular member John Johnson in this vote.
7. Special Permit Application – 18 Clifton Street, to permit construction of a 32’ x 24’ two bay garage with office space and storage area above, Larry Odishoo, applicant – Opening of public hearing postponed until June 8, 2009.
8. 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. Public Hearing Scheduled for June 8, 2009.
9. Special Permit Application re placement of fencing on property at 227 Shore Road, Alice Marie
Fitzgerald, applicant. Public Hearing Scheduled for June 8, 2009.
10. 83 Hartford Avenue – Discussion re status re mechanical equipment box and landscaping per letter sent to
applicant on February 5, 2009 – Mr. Grills to enclose mechanicals on roof with metal fencing to match the
the roof as best as possible. Applicant will be able to open for the season as long as fencing ordered and project
moving forward.
11. Review finalized version of Registry Regulations and set Public Hearing – Nothing final submitted to date.
12. Approval of Minutes – Public Hearings and Regular Meeting of April 13, 2009
A Motion was made by P. Looney, seconded by J. Marsh to approve the April 13, 2009 Public Hearing minutes and the Regular Meeting minutes. No discussion and a vote was taken. The motion was approved.
13. Any new or old business – None
14. Correspondence – Received for review a proposal to amend Sections of the East Lyme Zoning Regulations to regulate Adult Uses.
15. Zoning Enforcement
a. Zoning Enforcement Report
b. Site Inspection Report
16. Miscellaneous/Adjourn
A Motion was made by J. Cable, seconded by P. Looney to adjourn the May 11, 2009 Regular Meeting. No discussion and a vote was taken. The motion was approved unanimously. The meeting adjourned at 10:20 p.m.
Tom Risom, Chairman
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