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Zoning Commission Record of Vote 11/09/2009






RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR  MEETING
Monday – November 9, 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 (arrived at 7:48 p.m.), Secretary, Pat Looney and John Johnson. Beth Sullivan seated at the start of the meeting.
 
Also present Ted Kiritsis (alternate), Beth Sullivan (alternate), John Eichholz (alternate), Ann Brown, Zoning Enforcement Officer, Eric Knapp, counsel to the Zoning Commission.

        A Motion was made by J. Cable, seconded by J. Johnson to amend the agenda to take Item No. 3 under the Regular meeting first.  No discussion and a vote was taken.  In favor:  J. Cable, T. Risom, J. Johnson, P. Looney, B. Sullivan  In opposition:  None  Abstaining:  None     The motion passed unanimously. 5-0-0

3.   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. Cable, seconded by J. Johnson to APPROVE the Petition to amend the Old Lyme Zoning Regulations, Section 3, definitions and add a new Section 11.19A.   
              
        Whereas, the Zoning Commission submitted an application to amend the zoning regulations, Section 11.19 titled, “Conversion of Seasonal Dwelling to Year Round Dwellings”, proposed amendment attached hereto;

        Whereas, the Zoning Commission has held a duly noticed public hearing on September 14, 2009 and continued to October 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 September 10, 2009;  

        
Record of Vote – November 9, 2009
Page 2

        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;

        Whereas, the Zoning Commission finds that the proposed change to the regulation is appropriate because:

  • The change is consistent with the Town Plan of Development.
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to amend the zoning regulations, Section 11.19 titled, “Conversion of Seasonal Dwelling to Year Round Dwellings” text attached (revised to October 14, 2009), with the following additional modifications;

        1.  Typographical error corrections:  Section 11.19A.7 ii (capitalize “z” in “Zoning”)
             Section 11.19A.9 (second sentence, “not is” changed to “is not”)
        
with an effective date of December 31, 2009

        No further discussion and a vote was taken.  In favor:  J. Cable, T. Risom, J. Johnson, B. Sullivan  In opposition:  P. Looney  Abstaining:  None     The motion passed. 4-1-0

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.  

Beth Sullivan, alternate seated; Pat Looney recused himself

        A Motion was made by J. Cable, seconded by J. Johnson to CLOSE the public hearing for Shoreline Church, Inc.  No discussion and a vote was taken.  In favor:  J. Marsh, J. Cable, T. Risom, J. Johnson, B. Sullivan    In opposition:  None   Abstaining:  None    The motion passed unanimously.  5-0-0

        A Motion was made by P. Looney, seconded by J. Johnson to amend the agenda to move Item No. 1 under Public Hearings (8 Vista Drive) to be heard before the School.   No discussion and a vote was taken.  In favor:  J. Cable, T. Risom, J. Marsh, J. Johnson, P. Looney   In opposition:  None  Abstaining:  None     The motion passed unanimously. 5-0-0


Record of Vote – November 9, 2009
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PUBLIC HEARING

1.   Special Permit to permit conversion of unoccupied warehouse space into medical office space in a partially occupied commercial building located at 8 Vista Drive, Eastport, LLC, applicant.

        A Motion was made by J. Cable, seconded by P. Looney to CLOSE the public hearing on 8 Vista Drive.  No discussion and a vote was taken. In favor:  J. Marsh, T. Risom, J. Cable, P. Looney, J. Johnson   In opposition:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

CONTINUED PUBLIC HEARING

2.  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.  The plans and text with respect to the proposed site work of the project is available for review in the Land Use Dept.

        A Motion was made by J. Cable, seconded by P. Looney to CLOSE the public hearing on the Lyme-Old Lyme High School, 69 Lyme Street – Regional District No. 18.  No discussion and a vote was taken.  In favor:  J. Cable, T. Risom, J. Marsh, P. Looney, J. Johnson   In opposition:  None  Abstaining:  None   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.  

        A Motion was made by J. Marsh, seconded by J. Cable to APPROVE with conditions 23 Binney Road.                 

        Whereas, the Zoning Commission has received an application for a Special Permit/Coastal Site Plan approval to permit an addition of a three (3) car garage with studio above on property located at 23 Binney Road, along with a copy of a property survey prepared by Arthur E. Barden dated May 27, 2003 and Floor Plans, Notes, Schedules and Specifications prepared by KV Designs dated July 25, 2008 revised to December 17, 2008 Sheets A1 through A4.

        Whereas, the Zoning Commission has held a duly noticed public hearing on October 14, 2009 and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and from the applicants; 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 4.10.12.1.  

Record of Vote – November 9, 2009
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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 grants with the following condition required to be added to the final plan:

1.  That an easement be recorded on the Land Records describing the area marked in yellow on the Barden Survey Exhibit “L” delineating the tree cutting restriction.  Trimming and maintenance allowed by visual barrier to be maintained.
        
        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, the Zoning Commission has received an e-mail stating that the project is generally consistent with the policies of the Connecticut Coastal Management Act 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 also determines that the application and plans 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 permit an addition of a three (3) car garage with studio above, per plans submitted and approves the Municipal Coastal Site Plan Review Application for property at 23 Binney Road Old Lyme, CT, with the conditions specified.
        
Record of Vote – November 9, 2009
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        No further discussion and a vote was taken.  In favor:  J. Cable, T. Risom, J. Marsh, P. Looney, J. Johnson   In opposition:  None   Abstaining:  None    The Motion passed unanimously.  5-0-0
        
2.   Special Permit Application to convert to year round use and installation of 159 seats within the existing Church structure on property located at 287 Shore Road – Shoreline Church, Inc., applicant.  

P. Looney recused himself and B. Sullivan was seated.

        A Motion was made by J. Marsh, seconded by J. Cable to APPROVE with conditions 287 Shore Road – Shoreline Church, Inc.                  

        Whereas, the Zoning Commission has received an application for Special Permit approval, dated July 3, 2009 with accompanying proposed floor plan prepared by Home Designs by Bruno dated Jan. 5, 2009 and Site Plan prepared for Shoreline Church by Dutch & Associates dated May 5, 2009 and revised to September 21, 2009 including Sheet 1 Cover sheet; Sheet No. 2 Boundary Survey; Sheet 3 Site Plan; Sheet 4 Septic Design; Sheet 5 Stormwater Management Plan; Sheet 6 Septic Details and Sheet 7 Site Plan Details; Stormwater Management Report dated September 17, 2009 prepared by LBM Engineering, LLC and A Site Lighting Point Calculation dated September 29, 2009 prepared by Apex Lighting Solutions.

        Whereas, the Zoning Commission has held a duly noticed public hearing on August 10, 2009, continued to September 14, 2009, continued to October 14, 2009 and further continued to November 9, 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 (conversion to year round use and installation of up to 159 seats within existing church structure) is permitted by Special Permit under the Old Lyme Zoning Regulations Section 5.5.3.  The Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13A, 13B and Section 5.5.3 of the Regulations with the following conditions and/or modifications required to be added to the final plan:

1. ‘Exit Only’ or other suitable signage should be placed at the Shore Road exit driveway.



Record of Vote – November 9, 2009
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2.  The exit driveway width be widened to 15 ft. to facilitate turning movements onto Shore Road and the driveway apron radii dimensions should be noted on the plan.

3.~ The existing driveway apron pavement should be removed, topsoiled and seeded.

4.   Proposed site grading should be coordinated with Sheet 5 of 7, Stormwater Management Plan and Sheet 4 of 7, Septic Design. See that plan for proposed grading comments.

5.  The location and orientation of the proposed parking spaces on the east side of the building are unorthodox.~ The Commission should review this along with traffic circulation to and from the site and within the site.~

6.  Limit access onto the site from Swan Avenue as proposed.

7.  The driveway apron radii dimension on Swan Road should be noted.

8.  The stoned construction entrance pad be the full width of the driveway entrance, 24 ft.

9.  Lighting design and landscaping plan be incorporated.  As well as refuse storage and signs.

10.  Parking spaces and directional markings should be painted.
~
11.~ Sheet 4 of 7, Septic Design.
~~~~~~~~ a. Trench Section B-B.
~~~~~~~~~~~~~~~~ i. To facilitate construction, key elevations and dimensions should be shown.
~~~~~~~~~~~~~~~~ ii. The limits of the porous pavement infiltrative storage area should be included.
~~~~~~~~ b.~ The existing septic system should be identified and abandonment/removal requirements noted.~ This should be coordinated with infiltration requirements for the porous pavement to assure no conflict.
~~~~~~~~ c.~ The bench mark vertical datum should be noted.

12.~ Sheet 5 of 7, Stormwater Management Plan.
~~~~~~~~ a.~ Proposed site grading checked for accuracy.
~~~~~~~~~~~~~~~~ i. 6” curb reveal should be considered.
~~~~~~~~~~~~~~~~ ii. Low point @ north parking area does not provide flow to porous concrete.
~ ~~~~~~~~~~~~~~~iii. Check all grading.

~~~~~~~~ b.  Existing spot elevations should be shown to assure proposed grading is appropriate.~ This is critical along the south property line, areas south and east of the building, existing sidewalks and driveway entrances. As shown, without the benefit of existing spot elevations, it appears there will be 2+/- ft. of fill within close proximity of the south property line.~ Proposed grading should be reviewed to assure no encroachment across the property line will occur.~ Notes on Sheet 7 of 7 limit fill slopes to 3h:1v or less unless a retaining wall or cribbing is included.~ Additionally, the 2+/- ft. fill embankment is directly adjacent to the porous concrete infiltration area.~ The project engineer should verify this was considered in designing the drainage system.

~~~~~~~~ c.~ Considering the prior use of the property was seasonal, the applicant should be verify the depth of the water service line and include any necessary modifications for year round use.~ ~~
~~~~~~~~



Record of Vote – November 9, 2009
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13.~ Sheet 6 of 7, Detail and General Information Sheet.

~~~~~~~ ~a.~ Driveway Detail B-B.

~~~~~~~~~~~~~~~~ i. Material requirements/specifications for gravel, stone, processed material and geotextile fabric should be included.~ Where possible, ConnDOT Form 816 specifications should be used/ referenced.
~~~~~~~~~~~~~~~~ ii.~ To facilitate construction and assess regulation compliance, key elevations and dimensions should be shown.
~~~~~~~~~~~~~~~~ iii.~  3” bituminous pavement be placed in 2, 1½’’ compacted lifts.

~~~~~~~~ b.~ General Notes.
~~~~~~~~~~~~~~~~ i. Note 8.~ Information for outside lighting should be submitted.   
~~~~~~~~~~~~~~~~ ii. Note 10. Additional information should be included, i.e. seed and fertilizer type and application rate, lime mulch application rate.~ Additionally, disturbed areas should have 4” minimum of topsoil placed.
~~~~~~~~~~~~~~~~ iii. Note 11.~ The applicant should provide ConnDOT approval for work within the State right-of-way.
~~~~~~~~~~~~~~~~ iv. Note 12.~ This note is not applicable to the project.
~~~~~~~~~~~~~~~~ v. Note 13.~ The Commission should review this note and determine if they concur with it’s content.
~~~~~~~~~~~~~~~~ vi. Note 1.~ The church seating capacity should be verified.~ Parking and septic sizing is based on 159 seating capacity, not 172 seating capacity.

14.  A 25 ft. separation distance is required between any portion of the septic system and the infiltration system.~ The project engineer should review and address this matter.

~15.  Additional information to be submitted for the design, production, placement and maintenance of the porous concrete for the project.~ Information to include product specifications, detailed installation procedures, inspection requirements, product testing requirements and detailed maintenance requirements.~ This information should be included on project plans and specifications and are part of any approval granted.  Prior to Issuance of a Certificate of Zoning Compliance, the ZEO shall review the information submitted.

16.  The design engineer shall oversee all aspects of sub base preparation, infiltrative stone and porous concrete placement.~ An acknowledgement of compliant placement of the infiltrative stone and porous concrete should be provided by the design engineer along with as-built plans of site improvements.

17.  An erosion and sedimentation control bond is required in an amount based upon submission of applicant and approval of Commission’s engineer.

18.  Signs shown on plans are approved – any additional signage to be submitted to Zoning Enforcement Officer for approval in conformance with regulations.

19.  Wall lights to be 16’ rather than 20’ as noted on plans.

20.  Locate propane tank in compliance with regulations.


Record of Vote – November 9, 2009
Page 8

21.  Waive submission requirements for exterior elevations drawings and perspective drawings as well as the requirement of showing a loading space on the site plan.  

        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 protect nearby residential and preservation areas;
c.  to be in architectural harmony with the surrounding area; and
d.  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

        Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for a Special Permit to permit conversion to year round use and installation of up to 159 seats within existing church structure, 287 Shore Road, Old Lyme, CT, with the modifications and conditions specified.

        No further discussion and a vote was taken.  In favor:  J. Cable, T. Risom, J. Marsh, J. Johnson, B. Sullivan   In opposition:  None   Abstaining:  None    The Motion passed unanimously.  5-0-0

John Eichholz left the meeting

4.   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.

        A Motion was made by P. Looney, seconded by J. Johnson to APPROVE Special Permit Application/Coastal Site Plan Review re Lyme-Old Lyme High School, 69 Lyme Street.                  

        Whereas, the Zoning Commission has received an application for a Special Permit/Coastal Site Plan
        approval to permit renovations and expansion at Lyme-Old Lyme High School, 69 Lyme Street – Regional School District No. 18, applicant. with the following attachments:  Property Abutters; Letter from  Traffic Engineering Solutions to the State Traffic Commission; Site Lighting details and catalog cut outs; Property Survey and Existing Conditions dated 1/10/06, pages 1 thru 5; Stormwater Management Report dated 6/15/09 revised to 7/30/09; Stormwater Pollution Prevention Plan prepared by CHA, Inc. dated 7/31/09;  Site Plans – Site Demolition Plan, 1 of 3 dated 6/15/09; Overall Site Plan dated 6/15/09 Drawing C-100; Site Layout Plan 1 of 3 dated 6/15/09; Site Grading Plan 1 of 3 dated 6/15/09; Erosion & Sediment Control Plan Drawing C-204 dated 6/15/09; Site Utility Plan 1 of 3 dated 6/15/09; Site Landscaping Plan dated 6/15/09 Drawing C-501; Construction Details dated 6/15/09 Drawing C-601 through C-607; Rear Courtyard Site Plan dated 6/15/09 Drawing C-801 & C-

Record of Vote – November 9, 2009
Page 9


        802; Center School Drainage Plan dated 6/15/09 Drawing C-803; First Floor Plan dated 7/30/09 Drawing A-101; Second Floor Plan dated 7/30/09 Drawing No. A-102;  Roof Plan dated 7/30/09
        Drawing No. A-103; South & East Building Elevations dated 7/30/09 Drawing No. A-201; North & West Building Elevations dated 7/30/09 Drawing No. A-202; Electrical Site Utility Plan dated 6/12/09
        Drawing No. SU-1 & SU-2; Site Lighting Photometrics dated 6/12/09 Drawing SL-1 & SL-2.  Plans revised through 10/21/09 include: Title Sheet; C-000 Existing Condition Plan; C-001  to C-003Site Demolition Plan; C-100 Overall Site Plan; C-101 through C-103  Site Layout Plan; C-201-C203.1 Site
        Grading Plan; C-204 Erosion and Sediment Control Plan; C-301 –C-303 Site Utility Plan; C-501 Site Landscaping Plan; C-601 – C-605 Construction Details


        Whereas, the Zoning Commission has held a duly noticed public hearing on October 14, 2009, continued to November 9, 2009 and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and from the applicants; and

        Whereas, the Inland Wetlands and Watercourses Commission has approved the project with conditions at its October 27, 2009 meeting that shall be complied with; and

        Whereas, the proposed activity is permitted by Special Permit under the Old Lyme Zoning Regulations Section 5.14.3.  The Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13A, 13B and Section 5.14.3 of the Regulations and grants the application.
        
        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


Record of Vote – November 9, 2009
Page 10

        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 an e-mail stating that the project is generally consistent with the policies of the Connecticut Coastal Management Act from the Office of Long Island Sound Programs of the Department of Environmental Protection, after submitting the application materials to them for review.  With the recommendation that consideration be given to supplementing the structural stormwater methods and that there is monitoring of the sedimentation and erosion control measures.  The Commission also determines that the application and plans 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 permit renovations and expansion at Lyme-Old Lyme High School, 69 Lyme Street – Regional
School District No. 18, with the conditions specified.
        No further discussion and a vote was taken.  In favor:  J. Cable, T. Risom, J. Marsh, P. Looney, J. Johnson   In opposition:  None   Abstaining:  None    The Motion passed unanimously.  5-0-0

5.   Special Permit to permit conversion of unoccupied warehouse space into medical office space in a partially occupied commercial building located at 8 Vista Drive, Eastport, LLC, applicant.  

        A Motion was made by J. Marsh, seconded by P. Looney to APPROVE Special Permit Application – 8 Vista Drive, Eastport, LLC.                  

        Whereas, the Zoning Commission has received an application for Special Permit approval, dated Special Permit Application dated October 7, 2009 with the following attachments:  

        Drawing Lists: cover sheet; Architectural: A-1 Floor plan, A-2 Mezzanine Floor Plan, A-3 Reflected Ceiling Plan, A-4 Interior Elevations/Details, A-5 Interior Cabinet Elevations and Details, A-6 Interior Cabinet Elevations and Details, A-7 window details, A-8 Room Finish Schedule, Door Schedule & Details; Mechanical, electrical and plumbing: P-1 plumbing floor plan, P-2 Plumbing Details, M-1 HVAC floor plan, M-2 Mezzanine Floor Plan, M-3 HVAC Schedules and Details; E-1 First floor lighting and power plan, E-2 Mezzanine Lighting and Power Plan, E-3 Electrical Schedules and Details, E-4 Electrical Risers and Details;  Site Development Plan Showing Proposed Parking Plan dated February 6, 2007 and revised through June 11, 2007; Improvement Location Survey prepared by Angus McDonald Gary Sharpe & Associates dated October 6, 2009; and Specifications for Office Expansion for Primary Care for Women prepared by Lindsay Liebig Roche Architects LLC.

        

Record of Vote – November 9, 2009
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        Whereas, the Zoning Commission has held a duly noticed public hearing on November 9, 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 (permit conversion of unoccupied warehouse space into medical office space in a partially occupied commercial building) is permitted by Special Permit under the Old Lyme Zoning Regulations Section 5.12.3.  The Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13A, 13B and Section 5.12.3 of the Regulations with the following conditions and/or modifications required to be added to the final plan:

1.  In compliance with Section 18.8 Modification of Standards the Commission finds that the Standards of 18.8.1 a, b and c have been met and that deferring construction of the parking spaces is approved.

2.  In compliance with Section 13A.4.9 the applicant is not required to post a completion bond with the Zoning Commission unless the deferred parking is to be constructed.

3. If the deferred parking is constructed the plan shall be modified to include sidewalks for safe pedestrian flow.

4.  A Bond amount shall be approved by the Town’s engineer, only if additional spaces to be built.

5.  Remove trailers in the wetlands prior to endorsement of the plans or by January 1, 2010.

6.  The Commission finds that 161 parking spaces are sufficient for present existing uses and the use proposed per Section 18.8.1.

        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;

        
Record of Vote – November 9, 2009
Page 12

b.              to protect nearby residential and preservation areas;
c.              to be in architectural harmony with the surrounding area; and
d.              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

        Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for a Special Permit to permit conversion of unoccupied warehouse space into medical office space in a partially occupied commercial building, 8 Vista Drive, Old Lyme, CT, with the findings, modifications and conditions specified.

        No further discussion and a vote was taken.  In favor:  J. Cable, T. Risom, J. Marsh, P. Looney, J. Johnson   In opposition:  None   Abstaining:  None    The Motion passed unanimously.  5-0-0

6.   Special Permit Application to obtain a liquor permit for the sale of beer only at 389 Shore Road, Sara Khan, applicant.  Receive application and set public hearing.

A Motion was made by T. Risom, seconded by J. Johnson to receive and SET A PUBLIC HEARING for 389 Shore Road – Sara Khan for the December 14, 2009 Regular Meeting.  No discussion and a vote was taken.  In favor:  J. Cable, T. Risom, J. Marsh, P. Looney, J. Johnson   In opposition:  None   Abstaining:  None    The motion passed unanimously.  5-0-0

7.      Special Permit Application to permit a  24 hour Snap Fitness Studio on property located at 90 Halls Road (Shopping Center), Snap Fitness 24-7, 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 90 Halls Road – Snap Fitness 24-7 for the December 14, 2009 Regular Meeting.  No discussion and a vote was taken.  In favor:  J. Cable, T. Risom, J. Marsh, P. Looney, J. Johnson   In opposition:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

8.  Coastal Site Plan Review to permit construction of a new stair and terrace on waterside of home while renovating existing structure on property located at 10 West End Drive, Carlos & Melissa Santos, applicants.  Receive application and set public hearing.

A Motion was made by J. Johnson, seconded by P. Looney to receive and SET A PUBLIC HEARING for 10 West End Drive - Santos for the January 11, 2010 Regular Meeting.  No discussion and a vote was taken.  In favor:  J. Cable, T. Risom, J. Marsh, P. Looney, J. Johnson   In opposition:  None   Abstaining:  None    The motion passed unanimously. 5-0-0




Record of Vote – November 9, 2009
Page 13


9.  Special Permit/Coastal Site Plan Review to permit demolition of existing house and construction of a new house (total footprint 4,512 s.f.) in approximately the same location on property located at 31 Smith Neck Road, Peter A. and Katherine R. Griswold, applicants.  Receive application and set public hearing – public hearing set to open December 14, 2009.

10.  Approval of Minutes – Minutes of Public Hearing and Regular Meeting of October 14, 2009

A Motion was made by P. Looney, seconded by J. Johnson to APPROVE the minutes of the October 14, 2009 Regular Meeting and Public Hearing.  No discussion and a vote was taken.  In favor:  J. Cable, T. Risom, J. Marsh, P. Looney, J. Johnson   In opposition:  None   Abstaining:  None   The motion passed unanimously.  5-0-0

11.  Any new or old business

        -- Vote on 2010 Meeting Schedule  

A Motion was made by J.  Marsh, seconded by P. Looney to APPROVE the Zoning Commission’s 2010 Meeting Schedule.  No discussion and a vote was taken.  In favor:  J. Cable, T. Risom, J. Marsh, P. Looney, J. Johnson   In opposition:  None   Abstaining:  None   The motion passed unanimously.  5-0-0

12.  Correspondence - None

13.  Zoning Enforcement

a.      Zoning Enforcement Report - None
        b.      Site Inspection Report - None

14. Miscellaneous/Adjourn                                                       

        A Motion was made by J. Marsh, seconded by P. Looney, to adjourn the November 9, 2009 meeting; the motion was approved unanimously and the public hearing closed at 10:00 p.m.  



Tom Risom, Chairman