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Zoning Commission Minutes Regular Meeting 11/09/2009
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, November 9, 2009

The Old Lyme Zoning Commission held a Regular Meeting on Monday, November 9, 2009, at 7:30 p.m. in the Auditorium of Memorial Town Hall.  Those present and voting were Tom Risom, Chairman, Jane Marsh, Secretary, Jane Cable, Vice Chairman, John Johnson, Patrick Looney, Beth Sullivan (alternate), John Eichholz (alternate) and Ted Kiritsis (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 indicated that the agenda has been amended and everyones agenda should be so marked at the top.  Chairman Risom stated that Ms. Sullivan would be seated for Ms. Marsh.  He asked for a motion to move Item 3 under Regular Meeting up on the agenda.

A Motion was made by Jane Cable, seconded by John Johnson and voted unanimously to amend the agenda to take Item No. 3 under the Regular Meeting first.  

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.  

Ms. Cable suggested that the registration fee be lowered to $25.00.  Chairman Risom stated that there are three categories of people, one being those who are seasonal and want to remain so, those that are year round already and the third group being those that are seasonal and would like to convert to year round.  He indicated that he does not believe the first two groups should be burdened with a large fee.  Attorney Knapp pointed out that the Registry does not set the fee.  He indicated that the fee does not need to be decided as part of the approval of the Registry Regulation.

Mr. Looney stated that he fee was discussed at a meeting a year ago.  He stated that the December 2008 minutes indicate on Page 3 that the Commission agreed to eliminate the registration fee.  Mr. Looney stated that many citizens are concerned about what this Regulation means for Old Lyme.  He indicated that he does not believe the Commission has done due diligence to notify the townspeople of what is going on with this Regulation.  He noted that the president of the Rogers lake Association was not aware of it.  


Mr. Looney questioned whether the Commission could just remove the words seasonal and year round from the Zoning Regulations, not adopt this Registry Regulation, and still be in compliance with the agreement.  Attorney Knapp stated that the original litigation challenged the concept of seasonal versus year round.  He noted that the case had two parts, the first being the procedure used to determine seasonal versus year round and a temporary injunction was issued.  Attorney Knapp stated that the second part was substantive due process.  Mr. Looney stated that he believes they would still be meeting their obligation.  Chairman Risom indicated that doing away with the Registry is an interesting idea and something that the Commission could discuss at a later date.

Ms. Brown noted the typographical errors to be corrected as part of the approval.  She also noted that the Commission should set an effective date as part of their approval.  Ms. Brown stated that the Board of Selectmen have asked that the information be sent electronically and paper only be provided if requested.  She stated that it is her opinion that paper copies make much more sense.  She indicated that electronic data would be useless for many people.  Attorney Knapp reminded the Commission that right now they are only voting the proposed Regulation and fees and other matters can be discussed later.  (Ms. Marsh arrived at this time, 7:50 p.m.).

Hearing no further comments, Chairman Risom asked for a motion.

A Motion was made by Jane Cable and seconded by John Johnson to approve the Petition to amend the Old Lyme Zoning Regulations, Section 3, definitions and add a new Section 11.19A, as follows:
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;  

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;

  • 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
Motion carried 4-1-0, with Mr. Looney voting against.

(Voting on this item were Jane Cable, Tom Risom, John Johnson, Beth Sullivan and Pat Looney)

Chairman Risom stated that Jane Marsh would be seated for the remainder of the meeting and Beth Sullivan would return to her alternate role.

Chairman Risom recessed the Regular Meeting to conduct the Public Hearing at 7:53 p.m.  The Regular Meeting reconvened at 9:03 p.m.

2.      Special Permit Application/Coastal Site Plan Review to permit a garage at 23 Binney Road, William Bansavage, applicant.  

Mr. Looney stated that he had asked for the opportunity to go on a site walk at the property, which he did.  Mr. Looney stated that he was able to look at the grade of the property and the alternate location proposed by Gateway.  Mr. Looney stated that the Bansavages are placing the structure where fill will be removed and the fill relocated on site.  He indicated that the proposed area would lose some mature trees but the alternate location would lose a larger quantity of younger trees.  Mr. Looney stated that the proposed location improves the neighbors view of the river.  He indicated that he believes the proposed plan is the plan with the least impact.

The Commission discussed the easement language and Ms. Brown suggested that Commissions Attorney review the easement language.

A motion was made by Jane Marsh, seconded by Jane Cable and voted unanimously to approve the Special Permit Application/Coastal Site Plan Review to permit a garage at 23 Binney Road, William Bansavage, applicant, with conditions, as follows:

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.  

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:

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 condition specified.


3.      Special Permit/Coastal Site Plan Review to permit demolition of existing house and construction of a new house (total footprint 4,512 sq. ft.) in approximately the same location on property located at 31 Smith Neck Road, Peter A. and Katherine R. Griswold, applicants.

No action taken.  The Public Hearing for this item is scheduled for the December Regular Meeting.

The Commission took a five minute recess at this time.

4.      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. Marsh stated that the first issue should be a finding on whether the Commission will require the applicant to go to the DOT for approval.  The Commission agreed that they would not require DOT approval.  Ms. Marsh read through the list of conditions as proposed from Mr. Metcalfs letter.  The Commission agreed that a maintenance agreement did not have to specify whether the church would purchase the equipment to maintain the parking or hire a service.

A motion was made by Jane Marsh, seconded by Jane Cable and voted unanimously to approve with conditions the Special Permit Application to convert to year round use and install 159 seats within the existing Church structure on property located at 287 Shore Road, Shoreline Church, Inc., applicant, as follows:

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.

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.~ ~~

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, 1 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 its 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 Commissions 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.

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.

Ms. Sullivan was seated for Mr. Looney for this vote.

Mr. Eichholz left the meeting at this time.

5.      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.

Mr. Looney read the proposed motion.


A motion was made by Pat Looney, seconded by John Johnson and voted unanimously to approve with conditions the 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, as follows:

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-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

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.

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.  

The Commission agreed that the existing parking is adequate and agreed to defer construction of the additional parking until it is deemed necessary.

Ms. Marsh noted that one of the conditions is that the existing trailers need to be removed from the wetlands prior to January 1, 2010.

A motion was made by Jane Marsh, seconded by Pat Looney and voted unanimously to approve with conditions the 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, as follows:

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.

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 Towns 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;
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.

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.

Chairman Risom noted that the applicant inadvertently let their liquor permit expire and would like to reinstate it.  Ms. Brown noted that the Regulations require that the Commission hold a Public Hearing.

A motion was made by Tom Risom, seconded by John Johnson and voted unanimously to receive the Special Permit Application to obtain a liquor permit for the sale of beer only at 389 Shore Road, Sara Khan, applicant, and to schedule the Public Hearing for the December 14, 2009 Regular Meeting.

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 Jane Marsh, seconded by Jane Cable and voted unanimously to receive 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 and set the Public Hearing for the December 14, 2009 Regular Meeting.  

8.      Coastal Site Plan Review Application 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.

Ms. Cable suggested scheduling this Public Hearing to January as there are several application already scheduled for December.  Ms. Brown noted that Mr. Wren will also be making a presentation to the Commission on an upcoming application.

A motion was made by John Johnson, seconded by Pat Looney and voted unanimously to receive the Coastal Site Plan Review Application 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, and to set the Public Hearing for the January 11, 2010 Regular Meeting.  


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.

No action taken.  The Public Hearing for this item is scheduled for the December 14, 2009 Regular Meeting.

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

A motion was made by Pat Looney, seconded by John Johnson and voted unanimously to approve the minutes of the October 14, 2009 Regular Meeting and Public Hearing.

11.     2010 Meeting Schedule  

A motion was made by Jane Marsh, seconded by Pat Looney and voted unanimously to approve the Zoning Commissions 2010 Meeting Schedule.

12.  Any new or old business

Ms. Brown stated that she would begin providing packets to the Commission members prior to the Public Hearings.

13.  Correspondence - None

14.  Zoning Enforcement

a.      Zoning Enforcement Report

No report.

b.      Site Inspection Report

No report.

15. Miscellaneous/Adjourn                                                       

The Meeting adjourned at 10:01 p.m. on a motion by Jane Marsh; seconded by Pat Looney and voted unanimously.                                            

Respectfully submitted,


Susan J. Bartlett
Recording Secretary