RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – December 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 Ted Kiritsis (alternate).
Also present Beth Sullivan (alternate), Ann Brown, Zoning Enforcement Officer, Kim Barrows, Administrative Assistant
Absent: John Johnson and John Eichholz (alternate)
PUBLIC HEARINGS
1. 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 Smiths Neck Road, Peter A. and Katherine R. Griswold, applicants.
A Motion was made by J. Marsh, seconded by P. Looney to CONTINUE the public hearing to January 11, 2010 for 31 Smiths Neck Road to obtain further comments from the Conn. River Gateway Commission. No discussion and a vote was taken. In favor: J. Marsh, J. Cable, T. Risom, P. Looney, T. Kiritsis In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
2. Special Permit Application to obtain a liquor permit for the sale of beer only at 389 Shore Road (Dairy Mart), Sara Khan, applicant. The Public Hearing was opened and no testimony received since the applicant did not send notices to abutting property owners in time. Notices will be sent out by the applicant immediately.
A Motion was made by J. Cable, seconded by P. Looney to CONTINUE the public hearing to January 11, 2010 for 389 Shore Road. No discussion and a vote was taken. In favor: J. Marsh, J. Cable, T. Risom, P. Looney, T. Kiritsis In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
3. Special Permit Application to permit a 24 hour Snap Fitness studio on property located at 90 Halls Road (Shopping Center Complex-previously law office space-Unit 1), Snap Fitness 24-7, applicant.
A Motion was made by J. Cable, seconded by P. Looney to CLOSE the public hearing for Snap Fitness 24-7. No discussion and a vote was taken. In favor: J. Marsh, J. Cable, T. Risom, P. Looney, T. Kiritsis In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
REGULAR MEETING
1. 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. Public Hearing continued to January 11, 2010.
2. Special Permit Application to obtain a liquor permit for the sale of beer only at 389 Shore Road (Dairy Mart), Sara Khan, applicant. Public Hearing continued to January 11, 2010.
3. Special Permit Application to permit a 24 hour Snap Fitness studio on property located at 90 Halls Road (Shopping Center Complex-previously law office space-Unit 1), Snap Fitness 24-7, applicant.
A Motion was made by J. Cable, seconded by P. Looney to Approve the Special Permit Application to permit a 24 Hour Snap Fitness studio on property located at 90 Halls Road (Shopping Center Complex Unit known as space #17) as follows:
Whereas, the Zoning Commission has received an application for Special Permit approval, dated November 5, 2009 with accompanying “ALTA/ACSM Land Title Survey” prepared for Old Lyme Stores Limited Partnership, 90 Halls Road, Old Lyme, CT dated July 15, 2009 (Space #17).
Whereas, the Zoning Commission has held a duly noticed public hearing on December 14, 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 (24 Hour Fitness Center) is permitted by Special Permit under the Old Lyme Zoning Regulations Section 9. The Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13A, 13B and Section 9 of the Regulations with the following conditions:
1. In accordance with a letter dated December 8, 2009 from Ron Rose the Town’s Sanitarian stating “no showers will be allowed, restrooms only.”
2. Construction drawings will be submitted to the Fire Marshal for review and approval.
3. The signage is to comply with the Old Lyme Zoning Regulations and Landlord requirements for the shopping complex.
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.
t 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 a 24 Hour Snap Fitness Studio at 90 Halls Road, Old Lyme, CT, with the conditions specified. No discussion and a vote was taken: In favor: J. Cable, T. Risom, J. Marsh, P. Looney, T. Kiritsis In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
4. Letter received November 17, 2009 from Philip Neaton, Superintendent, Black Hall Club requesting release of the erosion and sedimentation bond in the amount of $3,200 and the landscaping bond in the amount of $2,400.
A Motion was made by J. Marsh, seconded by P. Looney to release the two bonds, the soil and erosion bond in the amount of $3,200 and the landscaping bond in the amount of $2,400. No discussion and a vote was taken. In favor: J. Cable, T. Risom, J. Marsh, P. Looney, T. Kiritsis In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
5. Special Permit/Coastal Site Plan Application to permit the drying and temporary storage of dredging material on property located at 2-4 Bank Road, Robert Asselin, applicant. Receive application and set public hearing.
A Motion was made by T. Risom, seconded by T. Kiritsis to receive and SET A PUBLIC HEARING for 2-4 Bank Road, Robert Asselin for the January 11, 2010 Regular Meeting. No discussion and a vote was taken. In favor: J. Cable, T. Risom, J. Marsh, P. Looney, T. Kiritsis In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
6. Special Permit/Coastal Site Plan Application to reclassify the property known as 48-54 Hartford Avenue to Year Round Use, 48-54 Hartford Avenue, LLC. No application was received by the Land Use Office prior to the close of business on the day of the meeting (December 14, 2009) therefore, no action was taken and no public hearing set.
7. 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 – Public Hearing Scheduled for January 11, 2010.
8. Approval of Minutes – Minutes of Public Hearing and Regular Meeting of November 9, 2009.
A Motion was made by P. Looney, seconded by J. Marsh to APPROVE the minutes of the November 9, 2009 Regular Meeting and Public Hearing as submitted. No discussion and a vote was taken. In favor: J. Cable, T. Risom, J. Marsh, P. Looney, T. Kiritsis In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
9. Any new or old business
Discussion regarding whether or not a fee should be charged for submitting the “Registry Form”. The matter was discussed previously and the Commission decided a fee would not be charged.
A Motion was made by J. Marsh, seconded by J. Cable to CHARGE NO Fee for the Registry Form if it is timely filed. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, T. Kiritsis In opposition: T. Risom None Abstaining: None The motion passed. 4-1-0
A Special Meeting is tentatively scheduled for Monday, January 25, 2010 to discuss low impact development. A. Brown, the Zoning Enforcement Officer is to coordinate between the Planning Commission, Open Space Commission and Public Works.
-- Election of Officers
A motion was made by P. Looney, seconded by J. Marsh to nominate the following slate of officers - Jane Cable as Chairman, Tom Risom as Vice Chairman and Jane Marsh as Secretary. No discussion and a vote was taken and the nominations closed.
A motion was made by P. Looney, seconded by J. Marsh to elect the following slate of officers - Jane Cable as Chairman, Tom Risom as Vice Chairman and Jane Marsh as Secretary. No discussion and a vote was taken. In favor: J. Cable, T. Risom, J. Marsh, P. Looney, T. Kiritsis In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
J. Marsh proposed a RESOLUTION to thank Tom Risom for his dedicated service as the Chairman and for the major sacrifices he made being the Chairman. The Resolution was seconded by J. Cable and was voted on unanimously.
10. Correspondence - None
11. Zoning Enforcement
a. Zoning Enforcement Report - None
b. Site Inspection Report - None
12. Miscellaneous/Adjourn
A Motion was made by J. Marsh, seconded by P. Looney, to adjourn the December 14, 2009 meeting; the motion was approved unanimously and the public hearing closed at 9:11 p.m.
Tom Risom, Chairman
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