OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, September 14, 2009
The Old Lyme Zoning Commission held a Regular Meeting on Monday, September 14, 2009, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were Jane Cable, Tom Risom, Chairman, Jane Marsh, Secretary, John Johnson, Patrick Looney, Beth Sullivan (alternate), Ted Kiritsis (alternate) and John Eichholz (alternate). Also present were Ann Brown, Zoning Enforcement Officer and Eric Knapp, Commission Counsel.
Chairman Risom called the meeting to order at 7:31 p.m. He explained that the Fire Marshall is present this evening to be sure that the room capacity is not exceeded and explained that everyone in the room must be seated; he noted that if there are not enough seats the remainder of the people will have to listen from the hallway. Chairman Risom recessed the Regular Meeting to conduct the Public Hearing. The Regular Meeting reconvened at 9:28 p.m.
1. 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, applicant.
Chairman Risom noted that Mr. Kiritsis would be voting for him for this item. A motion was made by Jane Cable, seconded by Pat Looney and voted unanimously 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 Towns 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.
2. Special Permit Application/Coastal Site Plan Review to permit a garage at 23 Binney Road, William Bansavage, applicant. Receive application and set public hearing.
Ms. Brown explained that this is an application under the Gateway Regulations as the house and garage will be greater than 4,000 square feet.
A motion was made by Jane Marsh, seconded by Jane Cable and voted unanimously to receive the Special Permit/Coastal Site Plan Application to permit a garage at 23 Binney Road, William Bansavage, applicant, and to set the Public Hearing for the for the October 14, 2009 Regular Meeting.
3. Special Permit Application to convert to year round use and install 172 seats within the existing Church structure on property located at 287 Shore Road, Shoreline Church, Inc., applicant.
Ms. Brown explained that the applicant submitted a list of items that they are requesting be waived. She indicated that she sent a memo to them explaining what is needed to evaluate the application. Ms. Brown stated that they are now evaluating these issues. The Public Hearing for this item is continued to the October 14, 2009 Regular Meeting.
4. Modification of Site Plan Application 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.
Mr. Johnson recused himself for this application. Ms. Brown stated that the applicant is questioning whether an application is required for a davit. She explained that the sailboat nose will be over the land line when it is on the davit. The Commission agreed that a Site Plan Modification Application is not required for the davit.
A motion was made by Jane Marsh, seconded by Jane Cable and voted unanimously to have the Zoning Enforcement Officer handle this matter administratively as presented at the meeting. (4:0)
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; Old Lyme Zoning Commission, applicant.
The Public Hearing for this item has been continued to the October 14, 2009 Regular Meeting.
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.
7. Approval of the Minutes of the Regular Meeting and Public Hearing of August 14, 2009 and the Special Meeting of July 27, 2009.
A motion was made by John Johnson, seconded by Jane Cable and voted unanimously to approve the minutes of the August 13, 2009 Regular Meeting and Public Hearing with the following change: Beth Sullivan to be listed as present, not present and voting.
8. Any new or old business
Mr. Johnson questioned the Tolchinsky property status. Ms. Brown stated that he has not submitted anything for evaluation and nothing new for the Commission to discuss.
9. Correspondence
None.
10. Zoning Enforcement
a. Zoning Enforcement Report
No report.
b. Site Inspection Report
No report.
11. Miscellaneous/Adjourn
The Meeting adjourned at 9:45 p.m. on a motion by John Johnson; seconded by Jane Cable and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
| 
