RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – JANUARY 9, 2012, 7:30 P.M.
Auditorium of Memorial Town Hall
52 Lyme Street, Old Lyme, CT
1. Meeting convened at 7:30 p.m.; those present and voting were the following members: Jane Cable, Chairman, Jane Marsh, Secretary, John Johnson, Vice Chairman, Tom Risom (Regular Member) and Pat Looney (Regular Member)
Also present: Joan Bozek (Alternate who arrived at 7:55 p.m.) and Ann Brown, Zoning Enforcement Officer
Absent: Ted Kiritsis (Alternate)
CONTINUED PUBLIC HEARING:
1. Special Permit Application to permit raising house in compliance with variance granted; install a new septic system; reduce the number of bedrooms and convert to single family house; modify the house to be more conforming in size, location and number of stories (Section 9.1.3.2) on property located at 73 Swan Avenue, Bogdan and Francine Brocki, applicant/owners.
An e-mail was received from Jeff Flower on January 9th requesting that the public hearing be continued to the February meeting and that no testimony be taken. Mr. Flower also grants an extension of time to keep the hearing open.
A Motion was made by J. Johnson, seconded by J. Marsh to Continue the Public Hearing to the February 13, 2012 Regular Meeting on the application for 73 Swan Avenue, Bogdan and Francine Brocki. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, J. Johnson, T. Risom Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
PUBLIC HEARINGS:
1. Special Permit Modification Application to permit outdoor liquor service on property located at 100 Lyme Street, Two Jacks, LLC d/b/a Bee & Thistle Inn, applicant/owners.
A Motion was made by J. Johnson, seconded by T. Risom to CLOSE the Public Hearing on the application for 100 Lyme Street, Two Jacks, LLC d/b/a Bee & Thistle Inn, applicant/owners. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, J. Johnson, T. Risom Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
2. Municipal Coastal Site Plan Review Application to permit single family residential home on property located at 17 Sill Lane, GALCO, LLC, applicant.
A Motion was made by P. Looney, seconded by J. Johnson to CLOSE the Public Hearing on the application for 17 Sill Lane, GALCO, LLC, applicant. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, J. Johnson, T. Risom Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
3. Petition to amend the Zoning Regulations, Section 7.1.c, Reduced setback in Residence Districts for some Accessory Buildings, Zoning Commission, Town of Old Lyme, applicant.
A Motion was made by P. Looney, seconded by J. Johnson to CONTINUE the Public Hearing to the February 13, 2012 Regular Meeting on the Petition to amend the Zoning Regulations, Section 7.1.c. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, J. Johnson, T. Risom Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
REGULAR MEETING:
1. Special Permit Application to permit construction of a 4’ x 6’ concrete pad to support ramp hinge, a 3.5’ x 25’ ramp and a 6.8’x 15’ floating dock, for occasional private use by property owner only on property located at 11 Halls Road, James Graybill, applicant.
A Motion for Approval was made by T. Risom, seconded by P. Looney as follows:
Whereas, the Zoning Commission has received application for Special Permit approval to allow construction of a dock on property of Graybill Properties, LLC, at 11 Halls Road, Old Lyme, CT, one sheet titled, “Property Survey Plan property of Graybill Properties, LLC 11 Halls Road, Old Lyme, Connecticut”, prepared by Angus MacDonald Gary Sharpe & Associates, Inc., dated December 22, 2010, sheet one of three, with 8 ½ x 11 site maps;
Whereas, the Zoning Commission has held a duly noticed public hearing on November 14, 2011, and the Commission has had an opportunity to hear testimony both from citizens of Old Lyme and the applicant; and
Whereas, the proposed use is permitted by Special Permit under the Old Lyme Zoning Regulations Section 4.10.3, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 13A and B of the Regulations with the following conditions:
The Commission finds that this dock is a private, accessory structure for the use of the owner of the property;
The Commission concludes that the parking spaces shown on the existing pavement, as required by the Department of Environmental Protection, are acceptable for this accessory use;
In accordance with the letter from the Fire Marshal dated December 12, 2011, the overgrown vegetation which restricts access to the Lieutenant River must be removed and maintained in such a way so as to minimize future growth; and
Some sort of crash protection (design to be acceptable to the Fire Marshal) shall be installed to prevent a motor vehicle from traveling off the bulkhead into the river; and
A fence or some “fall protection” (design to be acceptable to the Fire Marshal) for individuals standing on the bulkhead must be installed and maintained; and
Appropriate signs (design and location to be acceptable to the Fire Marshal) shall be installed and maintained to identify both the “Fire Lane” and the presence of the “Fire Well” in order to restrict parking so motor vehicles do not impede access to the bulkhead by emergency apparatus;
The owner of the property must maintain snow plowing and clearing on the old roadbed;
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13A, in particular that the proposed use and 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;
Whereas, the Zoning Commission finds that the applicant has demonstrated compliance with the General Standards of Section 4.10.3, in particular that the proposed use, buildings or other structures and site development conform to the standards of this section.
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 Special Permit to allow construction of a dock and walkway on property of Graybill Properties, LLC, at 11 Halls Road, Old Lyme, CT, with the modifications specified. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, J. Johnson, T. Risom Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
2. Special Permit Application to permit raising house in compliance with variance granted; install a new septic system; reduce the number of bedrooms and convert to single family house; modify the house to be more conforming in size, location and number of stories on property located at 73 Swan Avenue, Bogdan and Francine Brocki, applicant/owners – Public hearing continued to February 13, 2012
3. Special Permit Modification Application to permit outdoor liquor service on property located at 100 Lyme Street, Two Jacks, LLC d/b/a Bee & Thistle Inn, applicant/owners.
The waivers requested were granted at the December 12, 2011 Regular Meeting.
A Motion for Approval was made by J. Johnson, seconded by P. Looney as follows:
Whereas, the Zoning Commission has received an application for Modification to a Special Permit for liquor service at the Bee and Thistle Inn at 100 Lyme Street to allow outdoor liquor service; and
Whereas, the original Special Exception (Special Permit) was approved by the Zoning Commission in 1978 and allowed liquor service only inside the building; and
Whereas, the Zoning Commission has held a duly noticed public hearing on January 9, 2012, and the commission has had an opportunity to hear testimony from citizens of Old Lyme and from the applicant; 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
Now, therefore be it resolved that the Old Lyme Zoning Commission GRANTS approval to Two Jacks, LLC., d/b/a Bee & Thistle Inn, for Modification to a Special Permit for liquor service to allow outdoor liquor service at special events and more specifically, the liquor service at special events may be from a temporary bar set up outdoors during the event on property located at 100 Lyme Street, Old Lyme, CT. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, J. Johnson, T. Risom Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
4. Municipal Coastal Site Plan Review Application to permit single family residential home on property located at 17 Sill Lane, GALCO, LLC, applicant.
A Motion for Approval was made by P. Looney, seconded by J. Johnson as follows:
Whereas, the Zoning Commission has received a Coastal Site Plan Review Application for construction of a single family house within 200 feet of tidal wetlands, with accompanying maps: Improvement Location Survey, Property of GALCO, LLC Location 17 Sill Lane – Old Lyme, CT dated June 21, 2011 and revised through 12/5/2011 Sheet 1 of 2; Sheet 2 of 2 dated June 21, 2011 revised through 11/15/2011 to add wetlands permit to sheet and a copy of the Wetlands Map noting the site location,;
Whereas, the Zoning Commission has held a duly noticed public hearing on January 9, 2012, and the commission has had an opportunity to hear testimony from citizens of Old Lyme and from the applicant; and
Whereas, the proposed use requires a Coastal Site Plan approval under the Old Lyme Zoning Regulations Section 4.2.2, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 4 of the Regulations.
Whereas, the Commission finds that the applicant has demonstrated:
a. consistency of the proposed activity with the applicable policies in the Coastal Management Act (Conn. Gen. Stats. §22a-92);
b. the acceptability of potential adverse impacts of the proposed activity on coastal resources as defined in Conn. Gen. Stats. §22a-93(15);
c. the acceptability of potential adverse impacts of the proposed activity on future water-dependent development opportunities as defined in Conn. Gen. Stats. §22a-93(17);
d. the adequacy of any measures taken to mitigate the adverse impacts of the proposed activity on coastal resources and future water-dependent development opportunities; and
Whereas, the Commission finds 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;
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, professional consultants, and the Office of Long Island Sound Programs; and
Now, therefore be it resolved that the Old Lyme Zoning Commission GRANTS approval to GALCO, LLC for the Coastal Site Plan for property at 17 Sill Lane, Old Lyme, CT. Discussion: J. Cable would like the driveway to be a pervious surface. No further discussion and a vote was taken. In favor: J. Cable, J. Johnson, T. Risom, P. Looney, J. Marsh Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
5. Petition to amend the Zoning Regulations, Section 7.1.c, Reduced setback in Residence Districts for some Accessory Buildings, Zoning Commission, Town of Old Lyme, applicant – Public hearing continued to February 13, 2012
6. Site Development Plan Application and Municipal Coastal Site Plan Review Application to permit construction of a single–family house on property located at 88-1 Buttonball Road, Lot 6, Edward and Linda Marsh, applicants.
J. Marsh recused herself. Joan Bozek was seated in her place.
A Motion was made by T. Risom, seconded by P. Looney, that in compliance with Section 4.10.12.1 of the Zoning Regulations, a Request of an Exception to requiring a Special Permit for construction of a single–family house on property located at 88-1 Buttonball Road, Lot 6, which is in the Connecticut River Gateway Conservation Zone is GRANTED. The findings are that the proposed structure or structures will not be visible from the Connecticut River. No discussion and a vote was taken. In favor: J. Cable, J. Johnson, T. Risom, P. Looney, J. Bozek Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
A Motion was made by J. Johnson, seconded by J. Bozek to receive the Municipal Coastal Site Plan Review Application for 17 Sill Lane and set a Public Hearing for February 13, 2012. No discussion and a vote was taken. In favor: J. Cable, J. Johnson, T. Risom, P. Looney, J. Bozek Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
7. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting of December 12, 2011
A Motion was made by J. Johnson, seconded by T. Risom to APPROVE the Minutes of the Public Hearing and Regular Meeting of December 12, 201, as submitted. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Risom, P. Looney Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
8. Any new or old business
- Review of Special Events regulations in the Zoning Regulations – further discussion
- Discussion of Ground Water Protection Study
A Motion was made by J. Marsh, seconded by J. Johnson to designate the appropriation for the LID to the Ground Water Protection Study. No further discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Risom, P. Looney Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
9. Correspondence
10. Zoning Enforcement
a. Zoning Enforcement Report
b. Site Inspection Report
11. Miscellaneous/Adjournment
A Motion was made by T. Risom, seconded by P. Looney, to adjourn the January 9, 2012 meeting. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Risom, P. Looney. 5-0-0 The motion passed unanimously and the meeting adjourned at 9:45 p.m.
Jane Cable, Chairman
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