RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – March 12, 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 (arrives at 7:40 p.m.), Pat Looney (Regular Member), Ted Kiritsis (Alternate), and Joan Bozek (Alternate)
Also present: Harland Frazier (Alternate), Ann Brown, Zoning Enforcement Officer
Absent: John Johnson, Vice Chairman, Tom Risom (Regular Member)
PUBLIC HEARINGS:
1. Special Permit Application to permit an accessory apartment within a single-family house on property located at 138 Four Mile River Road, Nancy M. Meinke, applicant.
A Motion was made by J. Marsh, seconded by J. Bozek to WAIVE the requirements of Section 13 for Special Permit for the application for 138 Four Mile River Road, Nancy Meinke, applicant. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, T. Kiritsis, J. Bozek Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
A Motion was made by P. Looney, seconded by J. Bozek to CLOSE the Public Hearing for 138 Four Mile River Road, Nancy Meinke, applicant. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, T. Kiritsis, J. Bozek Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
2. Special Permit Application to permit a 6 foot high fence within the front setback on property located at 1 Haywagon Drive, Cori-Ann and David DiMaggio, applicants.
A Motion was made by J. Marsh, seconded by P. Looney to CLOSE the Public Hearing on the application for 1 Haywagon Drive, Cori-Ann and David DiMaggio, applicants. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, T. Kiritsis, J. Bozek Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
REGULAR MEETING:
1. Special Permit Application to permit an accessory apartment within a single-family house on property located at 138 Four Mile River Road, Nancy M. Meinke, applicant.
A Motion for Approval was made by J. Marsh, seconded by P. Looney as follows:
Whereas, the Zoning Commission has received an application for Special Permit approval dated February 12, 2012 for an accessory apartment on property at 138 Four Mile River Road, Jeffrey R. and Nancy N. Meinke, owners;
Whereas, the Zoning Commission has held a duly noticed public hearing on March 12, 2012, and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and the applicant; and
Whereas, the proposed accessory apartment is allowed by Special Permit under the Old Lyme Zoning Regulations Section 7.8.2;
Whereas, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Sections 13B of the Regulations with the following modifications required to be added to the final plan:
1. Sketch with a continuous floor plan – 2 sheets, one per floor; showing apartment, ingress and egress to be provided prior to granting permit.
2. Requires renewal by Affidavit every 5 years.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of 13A 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;
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 Nancy N. Meinke for the Special Permit to allow an accessory apartment at 138 Four Mile River Road, Old Lyme, CT, with the modifications specified. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, T. Kiritsis, J. Bozek Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
2. Special Permit Application to permit a 6 foot high fence within the front setback on property located at 1 Haywagon Drive, Cori-Ann and David DiMaggio, applicants.
A Motion for Approval was made by P. Looney, seconded by J. Marsh as follows:
Whereas, the Zoning Commission has received an application for Special Permit approval to construct a six foot fence along Route 156, the property of David and Cori DiMaggio, 1 Haywagon Drive, Old Lyme;
Whereas, the Zoning Commission has held a duly noticed public hearing on March 12, 2012, 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 (fence, walls and terraces) is permitted by Special Permit under the Old Lyme Zoning Regulations Section 7.4.2 (b) and finds there are special circumstances of the property which the Commission determines a fence taller than four (4) feet in height appropriate. The Commission also finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13A and 13B of the Regulations.
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, privacy and convenience;
b. to conserve as much of the natural terrain and provide for vegetation on the site to the extent practical;
c. a 6 foot high fence that will reduce light trespass and noise from traffic;
d. will not interfere with sight lines;
e. to be in architectural harmony with the surrounding area; and
f. 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 agree that Route 156, Shore Road at this location is very busy.
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for a Special Permit to construct a six foot fence along Route 156, on property of David & Cori DiMaggio located at 1 Haywagon Drive, Old Lyme, CT. Discussion: T. Kiritsis had concerns regarding the DOT. No further discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, T. Kiritsis, J. Bozek Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
3. Special Permit Application to permit an air-conditioning unit (compressor) on the roof (rear of existing structure) in accordance with Section 9.1.3.2 on property located at 81 Connecticut Road, Michael and Helen Francis, applicants.
A Motion was made by J. Bozek, seconded by P. Looney to receive the Special Permit Application for 81 Connecticut Road and set a Public Hearing for April 9, 2012. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, T. Kiritsis, J. Bozek Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
4. Petition to Amend the Zoning Regulations, Section 8.6 (lots on narrow streets), Town of Old Lyme Zoning Commission, applicant – Public Hearing scheduled for April 9, 2012
5. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting of February 13, 2012
Minutes of the Special Meeting of February 13, 2012
Motion was made by J. Marsh, seconded by T. Kiritsis to APPROVE the Minutes of the Public Hearing and Regular Meeting of February 13, 2012 and the Minutes of the Special Meeting of February 13, 2012. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, T. Kiritsis, J. Bozek Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
6. Any new or old business
A Motion was made by J. Marsh, seconded by J. Bozek, to AMEND and APPROVE the Zoning Commission fee schedule as follows: Municipal Coastal Site Plan Review $410.00 from $100.00 if not accompanied by a Special Permit Application or Zoning Board of Appeals application. Also include Special Permit Application fee for fences $100.00. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, T. Kiritsis, J. Bozek. 5-0-0 The motion passed unanimously.
- Vote on corrected Regular Meeting Dates
A Motion was made by J. Marsh, seconded by T. Kiritsis, to APPROVE the 2012 CORRECTED Regular Meeting Dates for the Zoning Commission. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, T. Kiritsis, J. Bozek. 5-0-0 The motion passed unanimously.
7. Correspondence
8. Zoning Enforcement Report
9. Miscellaneous/Adjournment
A Motion was made by J. Bozek, seconded by P. Looney, to adjourn the March 12, 2012 meeting. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, T. Kiritsis, J. Bozek. 5-0-0 The motion passed unanimously and the meeting adjourned at 8:45 p.m.
Jane Cable, Chairman
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