RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
MONDAY – June 8, 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 and voting Beth Sullivan (alternate), John Eichholz (alternate) and Ann Brown, Zoning Enforcement Officer.
Absent: John Johnson
CONTINUED PUBLIC HEARING
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 gave a presentation and asked that the Public Hearing be continued to the July 13, 2009 meeting so that the applicant can get confirmation from the Planning Commission. The applicants granted a thirty-five day extension to keep the public hearing open.
Ted Kiritsis (alternate) seated for this public hearing.
A Motion was made by J. Cable, seconded by J. Marsh to CONTINUE the public hearing to July 13, 2009 for Osprey Landing, LLC, an amendment to Section 12, PRCD regulation. No discussion and a vote was taken. The motion passed unanimously.
PUBLIC HEARINGS
Beth Sullivan (alternate) seated for this public hearing.
1. Special Permit Application – 227 Shore Road, to permit fencing taller than 4’ in the area of the Required Minimum Front Yard - Alice Marie Fitzgerald, applicant
The applicant gave a brief presentation. There was discussion as to keeping the fence inside the tree line.
A Motion was made by J. Marsh, seconded by J. Cable to CLOSE the public hearing for 227 Shore Road. No discussion and a vote was taken. The motion passed unanimously.
2. Special Permit Application – 109 Four Mile River Road, to permit the Old Lyme Bus Parking Facility located on Old Lyme landfill property – Town of Old Lyme, applicant
John Eichholz, (alternate) seated for this public hearing.
There was a presentation given to the Commission. Several facets of the project were discussed.
A Motion was made by J. Cable, seconded by J. Eichholz to CLOSE the public hearing for 109 Four Mile River Road, Bus Barn. No discussion and a vote was taken. The motion passed unanimously.
REGULAR MEETING
1. Old Lyme Shore Beach Association – letter requesting the ZC to declare the “primary use” of the Association owned recreation fields at the North end of Gorton Avenue Extension to be recreation in order to place a “port-o-potty” and a storage shed for sports equipment on said property.
Mr. Gil Soucie gave a presentation requesting a shed to store recreational equipment and a port-a-potty for security guards. The use would be for July and August. J. Cable stated that the shed can be an accessory to the recreational use.
2. 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.
Ted Kiritsis (alternate) seated for this public hearing.
A Motion was made by J. Cable, seconded by P. Looney to APPROVE South Lyme Marina, 8 Bank Road, per plans submitted with no conditions. No discussion and a vote was taken. The motion passed unanimously.
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.
A Motion was made by J. Cable, seconded by J. Marsh to CONTINUE the public hearing to July 13, 2009 for Osprey Landing, LLC, an amendment to Section 12, PRCD regulation. No discussion and a vote was taken. The motion passed unanimously.
A Motion was made by J. Cable, seconded by B. Sullivan to MOVE AGENDA item number 5 before agenda item number 4. No discussion and a vote was taken. The motion passed unanimously.
5. Special Permit Application re placement of fencing on property at 227 Shore Road, Alice Marie
Fitzgerald, applicant.
Beth Sullivan (alternate) seated for this public hearing.
A Motion for Approval made by J. Marsh, seconded by P. Looney, and voted as follows: In Favor: J. Marsh, J. Cable, T. Risom, P. Looney, B. Sullivan Opposed: None Abstaining: None
Whereas, the Zoning Commission has received an application for a Special Permit approval to construct a six foot backyard fence, on property of Edward J. and Alice Marie Fitzgerald;
Whereas, the Zoning Commission has held a duly noticed public hearing on June 8, 2009, and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and from the applicant; and
Whereas, the proposed activity (fence, walls and terraces) is permitted by Special Permit under the Old Lyme Zoning Regulations Section 7.3.2 (b) and finds there are special circumstances of the property which the Commission determines a fence taller than four (4) feet in height appropriate. The Commission also 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. The measurement from the house to the trees which the permit will specify. The distance is 20 feet.
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, privacy and convenience;
to conserve as much of the natural terrain and provide for vegetation on the site to the extent practical;
a 6 foot high fence that will reduce light trespass and noise from traffic;
will not interfere with sight lines;
to be in architectural harmony with the surrounding area; and
to protect nearby residential and preservation areas;
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 agree that Route 156, Shore Road at this location is very busy.
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for a Special Permit to construct a six foot backyard fence, on property of Edward J. and Alice Marie Fitzgerald located at 227 Shore Road, Old Lyme, CT, with the modifications specified.
4. 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.
John Eichholz, (alternate) seated for this public hearing.
A Motion was made by P. Looney, seconded by J. Eichholz to APPROVE 109 Four Mile River Road, Bus Barn as per the current plans submitted dated June 8, 2009. No discussion and a vote was taken. The motion passed unanimously.
John Eichholz left the meeting at 10:05 p.m.
6. Review finalized version of Registry Regulations and set Public Hearing.
The Commission was presented with a revised copy of the Registry Regulations. The Commission will finalize the Registry Regulations at its July 13, 2009 meeting.
A Motion was made by J. Cable, seconded by B. Sullivan to SET A PUBLIC HEARING for the Registry Regulations for the September Regular Meeting. The date of the Regular Meeting is Monday, September 14, 2009 at 7:30 p.m. No discussion and a vote was taken. The motion passed unanimously.
7. Approval of Minutes – Public Hearings and Regular Meeting of May 11, 2009
A Motion was made by J. Cable, seconded by P. Looney to APPROVE the minutes of the May 11, 2009 Regular Meeting and Public Hearing noting that the word “Eichholz” needs to be inserted where necessary. No discussion and a vote was taken. The motion passed unanimously.
8. Any new or old business
9. Correspondence
a. Letter from Conn. River Gateway Commission dated May 13, 2009 requesting the Zoning Commission
to revise the Definition of Height within the Gateway Conservation Zone. The Gateway letter regarding “height” will be discussed at the July meeting.
10. Zoning Enforcement
a. Zoning Enforcement Report - None
b. Site Inspection Report - None
11. Miscellaneous/Adjourn
A Motion was made P. Looney, seconded by J. Marsh, to adjourn the June 8, 2009 meeting; the motion was approved unanimously at 10:20 p.m.
Tom Risom, Chairman
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