RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
MONDAY – September 14, 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, Pat Looney and John Johnson.
Also present Ted Kiritsis (alternate), John Eichholz (alternate), Beth Sullivan (alternate), Ann Brown, Zoning Enforcement Officer and Eric Knapp, counsel to the Zoning Commission.
CONTINUED PUBLIC HEARING
1. Special Permit Application to convert to year round use and installation of 172 seats within the existing Church structure on property located at 287 Shore Road – Shoreline Church, Inc., applicant.
A Motion was made by J. Cable, seconded by J. Marsh to CONTINUE the public hearing for Shoreline Church, Inc., to the October 14, 2009 Regular Meeting. No discussion and a vote was taken. The motion passed unanimously. 5-0-0
A Motion J. Johnson, seconded by P. Looney to move item 2) Continued Public Hearing, amendment to regulation, to after the Public Hearing for the Registry Regulations. No discussion and a vote was taken. The motion passed unanimously. 5-0-0
PUBLIC HEARING
1. Petition to amend Old Lyme Zoning Regulations, Section 3, definitions to include “Seasonal Dwelling”, “Seasonal Use”, “Year-Round Use” and “Year Round Dwelling” and a new Section 11.19A, shall replace the existing 11.19 which shall set up a new system for the regulation of seasonal uses, including a registry of which properties contain seasonal dwellings and which contain year-round dwellings. As proposed, the registry will include all properties within the R-10 Zoning Districts of the Town of Old Lyme.
A Motion was made by J. Marsh, seconded by J. Cable to CLOSE the public hearing for the Petition to amend the Old Lyme Zoning Regulations, Section 3, and new Section 11.19.A. No discussion and a vote was taken. In favor: J. Marsh, J. Cable Opposed: T. Risom, J. Johnson, P. Looney The motion failed to pass. 2-3-0
A Motion was made by J. Johnson, seconded by P. Looney to CONTINUE THE PUBLIC HEARING TO THE OCTOBER 14, 2009 Regular Meeting. No discussion and a vote was taken. The motion passed unanimously. 5-0-0
CONTINUED PUBLIC HEARING
2. Petition to amend the Old Lyme Zoning Regulations, Section 4.10 Conservation Zone Requirement – Gateway regarding height, in accordance with recommendation of the Connecticut River Gateway Commission, Town of Old Lyme Zoning Commission, petitioner.
Seated for this public hearing was J. Cable, J. Marsh, J. Johnson, P. Looney, T. Kiritsis
A Motion was made by J. Marsh, seconded by J. Cable to CLOSE the public hearing for the Petition to amend the Old Lyme Zoning Regulations, Section 4.10 Conservation Zone Requirement. No discussion and a vote was taken. The motion passed unanimously. 5-0-0
REGULAR MEETING
1. Special Permit Application/Coastal Site Plan Review to permit a garage at 23 Binney Road, William Bansavage, applicant. Receive application and set public hearing.
A Motion was made by J. Marsh, seconded by J. Cable to receive and SET A PUBLIC HEARING for 23 Binney Road – William Bansavage for the October 14, 2009 Regular Meeting. No discussion and a vote was taken. The motion passed unanimously.
2. Modification of Site Plan to allow installation of a new davit for the dock facility at 15 Tantummaheag Road, Mark Johnston, applicant, Keith Nielson of Docko, Inc., agent for the applicant.
J. Johnson recused himself for this application.
A Motion was made by J. Marsh, seconded by J. Cable to have the Zoning Enforcement Officer handle this matter administratively as presented at the meeting. No discussion and a vote was taken. The motion passed unanimously. 4-0-0
3. Special Permit Application to convert to year round use and installation of 172 seats within the existing Church structure on property located at 287 Shore Road – Shoreline Church, Inc., applicant – Continued to October 14, 2009
4. Petition to amend the Old Lyme Zoning Regulations, Section 4.10 Conservation Zone Requirement – Gateway regarding height, in accordance with recommendation of the Connecticut River Gateway Commission, Town of Old Lyme Zoning Commission, petitioner.
Seated for the public hearing and the vote was J. Marsh, J. Cable, J. Johnson, P. Looney and Ted Kiritsis
A Motion was made by J. Cable, seconded by P. Looney to approve the amendment to the zoning Regulations as follows:
Whereas, the Zoning Commission submitted an application to amend the zoning regulations, Section 4.10 titled, “Conservation Zone Requirement - Gateway”, proposed amendment attached hereto;
Whereas, the Zoning Commission has held a duly noticed public hearing on August 10, 2009 and continued to September 14, 2009, and the commission has heard testimony from both citizens of Old Lyme and the applicant; and
Whereas, the proposed application, has been supported unanimously by the Old Lyme Planning Commission at their Special Meeting held on August 13, 2009;
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, the Zoning Commission has received comments from the Office of Long Island Sound Programs of the Department of Environmental Management, and the Commission determines that the text is consistent with the goals and policies of the Coastal Management Act and made no comments;
Whereas, the Zoning Commission finds that the proposed change to the regulation is appropriate because:
- On May 13, 2009 the Connecticut River Gateway Commission sent a letter to the Zoning Commission requesting that the Zoning Commission consider the revision of the Town’s definition of Height (Gateway Conservation Zone), as a result of questions that have arisen in other towns.
- The change is consistent with the Town Plan of Conservation and Development.
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to amend the zoning regulations, Section 4.10 titled, “Conservation Zone Requirement - Gateway” text attached with an effective date of October 1, 2009.
No discussion and a vote was taken. The motion passed unanimously. 5-0-0
5. Petition to amend Old Lyme Zoning Regulations, Section 3, definitions to include “Seasonal Dwelling”, “Seasonal Use”, “Year-Round Use” and “Year Round Dwelling” and a new Section 11.19A, shall replace the existing 11.19 which shall set up a new system for the regulation of seasonal uses, including a registry of which properties contain seasonal dwellings and which contain year-round dwellings. As proposed, the registry will include all properties within the R-10 Zoning Districts of the Town of Old Lyme – Public Hearing continued to October 14, 2009 (Wednesday due to holiday)
6. Special Permit Application/Coastal Site Plan Review to permit renovations and expansion at Lyme-Old
Lyme High School – 69 Lyme Street – Regional School District No. 18, applicant – Public Hearing set for
October 14, 2009 (Wednesday due to holiday)
7. Approval of Minutes – Public Hearings and Regular Meeting of August 10, 2009
A Motion was made by J. Johnson, seconded by J. Cable to APPROVE the minutes of the August 13, 2009 Regular Meeting and Public Hearing. Discussion: to amend the minutes and public hearing showing that T. Kiritsis voted. Remove Beth Sullivan from “those present and voting”, she should be listed under present. No further discussion, the motion was amended to reflect this and a vote was taken. The motion passed unanimously.
8. Any new or old business
9. Correspondence
10. Zoning Enforcement
a. Zoning Enforcement Report
b. Site Inspection Report
11. Miscellaneous/Adjourn
A Motion was made J. Johnson, seconded by J. Cable, to adjourn the September 14, 2009 meeting; the motion was approved unanimously at 9:45 p.m.
Tom Risom, Chairman
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