RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – September 10, 2012, 7:30 P.M.
Auditorium of Memorial Town Hall
52 Lyme Street, Old Lyme, CT
1. Meeting convened at 7:32 p.m. Those present and voting were the following members: Jane Cable, Chairman, Jane Marsh, Secretary, John Johnson, Vice Chairman, Pat Looney (Regular Member), Ted Kiritsis (Alternate), and Harland Frazier (Alternate)
Also present: Ann Brown, Zoning Enforcement Officer
Absent: Joan Bozek (Alternate) and Tom Risom (Regular Member)
PUBLIC HEARINGS:
1. Petition to Amend the Old Lyme Zoning Regulations to allow in a Light Industrial District (LI-80) zone the constructing and operating of indoor recreational facilities. This would be a “Special Permit Use” under the provisions of Section 5.12.3 of the Zoning Regulations, Kasie Munson, 7 Duchess Drive and Patrick Pryor, 41 Jericho Drive, applicants.
A Motion was made by J. Johnson, seconded by P. Looney to CONTINUE the Public Hearing to the October 10, 2012 Regular Meeting (Wednesday) to amend the Zoning Regulations, Kasie Munson, 7 Duchess Drive and Patrick Pryor, 41 Jericho Drive, applicants. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, P. Looney, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
2. Special Permit Application and Municipal Coastal Site Plan Review Application to construct a 14,600 s.f. two story professional office building at 1 Huntley Road, Huntley & Halls, LLC, applicants.
A Motion was made by J. Johnson, seconded by P. Looney to CLOSE the Public Hearing on the application for 1 Huntley Road, Huntley & Halls, LLC, applicants. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, P. Looney, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
REGULAR MEETING:
A Motion was made by J. Johnson, seconded by J. Marsh to AMEND the agenda to move items numbered 4 and 5 to be number 1 and 2 and renumber from there. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, P. Looney, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
1. Special Permit Application to construct a 3 car detached garage on property located at 18 Clifton Street, Lawrence and Judith Odishoo, property owner.
A Motion was made by J. Johnson, seconded by P. Looney to receive the Special Permit Application for 18 Clifton Street and set a Public Hearing for October 10, 2012 (Wednesday). No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, P. Looney, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
2. Site Development Plan Modification Application for 5-1 Davis Road East to permit installation of a food cooler on the basement floor and sale of food items at retail prices, Healthy Addiction LLC, applicant; Robert Giannotti, Manager, BGP Developers, LLC, property owner.
A Motion was made by J. Johnson, seconded by J. Marsh to WAIVE the Special Permit per Section 13 B.2.2 but with the condition that the seating be limited to 5 seats and the use to be limited as described in the Statement of Use. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, P. Looney, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
3. Special Permit Application to install a 10’ x 42” diameter buried propane tank and concrete pad (Section 4.3); also reaffirmation of April 9, 2012 approval of a Special Permit Application to permit an air-conditioning unit (compressor) on the roof of existing structure on property located at 81 Connecticut Road, Michael and Helen Francis, applicants.
A Motion was made by P. Looney, seconded by J. Johnson as follows:
Whereas, the Zoning Commission has received a Special Permit Application dated June 27, 2012 with proposal, abutter list, deed and proposed architectural site plan prepared for Zoning Commission by Point One Architects dated 10/17/2011 revised to 02-21-12 for propane tank, sheet Z1.2
Whereas, the Zoning Commission has held a duly noticed public hearing on August 13, 2012, and the commission has heard testimony from citizens of Old Lyme and the applicant; and
The decision on the matter was deferred to the September 10, 2012 Regular Meeting.
Whereas, the proposed modification (installation of a 10’ x 42” diameter buried propane tank and concrete pad) is permitted under section 4.3 of the Old Lyme Zoning Regulations, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 13 A and 13 B of the Regulations.
And, whereas, the Commission confirms that the proposed installation of a 10’ x 42” diameter buried propane tank and concrete pad 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
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to Michael and Helen Francis at 81 Connecticut Road, Old Lyme, CT, for the installation of a 10’ x 42” diameter buried propane tank. No discussion and a vote was taken. In favor: J. Cable, J. Johnson, P. Looney, T. Kiritsis, H. Frazier Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
A Motion was made by J. Johnson, seconded by P. Looney to APPROVE the air conditioning unit in its current placement with a soundproofed fence as proposed. No discussion and a vote was taken. In favor: J. Cable, J. Johnson, P. Looney, T. Kiritsis, H. Frazier Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
4. Petition to Amend the Old Lyme Zoning Regulations to allow in a Light Industrial District (LI-80) zone the constructing and operating of indoor recreational facilities. This would be a “Special Permit Use” under the provisions of Section 5.12.3 of the Zoning Regulations, Kasie Munson, 7 Duchess Drive and Patrick Pryor, 41 Jericho Drive, applicants – PUBLIC HEARING CONTINUED TO OCTOBER 10, 2012 (WEDNESDAY)
5. Special Permit Application and Municipal Coastal Site Plan Review Application to construct a 14,600 s.f. two story professional office building at 1 Huntley Road, Huntley & Halls, LLC, applicants.
A Motion was made by J. Johnson, seconded by T. Kiritsis as follows:
Whereas, the Zoning Commission has received applications for a Special Permit Application dated August 8, 2012 with accompanying statement of use, traffic report dated October 25, 2007 prepared by Traffic Engineering Solutions, P.C. and a Municipal Coastal site Plan Review Application dated August 13, 2012 and the following maps: Site Development Plan of 1 Huntley Road Old Lyme, Connecticut prepared for Huntley & Halls, LLC dated August 6, 2012, prepared by Fedus Engineering, LLC Civil Engineers, Scale 1” = 20’, sheet 1 of 7; Landscape, Drainage & Lighting Plan of 1 Huntley Road Old Lyme, Connecticut prepared for Huntley & Halls, LLC dated August 6, 2012, prepared by Fedus Engineering, LLC Civil Engineers, Scale 1” = 20’, sheet 2 of 7; Septic Design Plan of 1 Huntley Road Old Lyme, Connecticut prepared for Huntley & Halls, LLC dated August 6, 2012, prepared by Fedus Engineering, LLC Civil Engineers, Scale 1” = 20’, sheet 3 of 7; Septic Details of 1 Huntley Road Old Lyme,
Connecticut prepared for Huntley & Halls, LLC dated August 6, 2012, prepared by Fedus Engineering, LLC Civil Engineers, Scale 1” = 20’, sheet 4 of 7; Construction Details of 1 Huntley Road Old Lyme, Connecticut prepared for Huntley & Halls, LLC dated August 6, 2012, prepared by Fedus Engineering, LLC Civil Engineers, Scale 1” = 20’, sheet 5 of 7; Construction Details of 1 Huntley Road Old Lyme, Connecticut prepared for Huntley & Halls, LLC dated August 6, 2012, prepared by Fedus Engineering, LLC Civil Engineers, Scale 1” = 20’, sheet 6 of 7; E & S Control Notes and Details of 1 Huntley Road Old Lyme, Connecticut prepared for Huntley & Halls, LLC dated August 6, 2012, prepared by Fedus Engineering, LLC Civil Engineers, Scale 1” = 20’, sheet 7 of 7;
Whereas, the Zoning Commission has held a duly noticed public hearing on September 10, 2012, and the commission has had an opportunity to hear testimony from citizens of Old Lyme and the applicant; and
Whereas, the proposal to construct a 14,600 square foot two story professional office building is allowed by Special Permit under the Old Lyme Zoning Regulations Section 5.10.3; Special Permit Uses, Per Section 13B and Section 17A.2.15 and, and the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions of Section 13B of the Regulations with the following modifications required to be added to the final plan:
1. Delineate additional handicap spaces if needed and show appropriate grading (elevations) to assure proper ramp access to the building. Van accessible parking spaces should be clearly delineated. Inclusion of additional handicap parking spaces may require a modification to the parking layout; if so, a modification to the site plan application must be submitted to the Zoning Commission.
2. Septic system design/location and/or stormwater systems must be modified so there is a 50’ minimum separation between leaching system and down gradient stormwater infiltration or retention/detention systems.
3. The maximum allowable elevation of the building shall be 70.6 ft NAVD88 (35.6 ft [lowest existing ground elevation @ building] +35 ft [maximum allowable building height] = 70.6 ft).
4. Applicant shall provide an as-constructed elevation of the top of the building as measured by a licensed land surveyor to verify compliance with the building height requirement prior to the issuance of a Certificate of Zoning Compliance and occupancy of the building. Verification should be performed during the construction phase of the building rather than waiting until the end of the project.
5. Conform to Wetlands Permit #07-31.
7. As-built plan showing all improvements prior to Certificate of Zoning Compliance.
8. Labeling on elevations to be corrected.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13B, 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
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to Huntley & Halls, LLC for the Coastal Site Plan, and Special Permit applications for the construction of a 14,600 square foot two story professional office building on property at 1 Huntley Road, Old Lyme, CT, with the modifications specified. No further discussion and a vote was taken. No discussion and a vote was taken. In favor: J. Cable, Marsh, J. Johnson, P. Looney, T. Kiritsis Opposed: None Abstaining: None 5-0-0
6. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting of August 13, 2012
Motion was made by J. Marsh, seconded by J. Johnson to APPROVE the Minutes of the Public Hearing and Regular Meeting of August 13, 2012 as submitted. No further discussion and a vote was taken. No discussion and a vote was taken. In favor: J. Marsh, J. Johnson, P. Looney, T. Kiritsis Opposed: None Abstaining: J. Cable 4-0-1 The motion passed unanimously and the meeting adjourned at 11:10 p.m.
7. Any new or old business
8. Correspondence
9. Zoning Enforcement Report
10. Miscellaneous/Adjournment
A Motion was made by J. Johnson, seconded by J. Cable, to adjourn the September 10, 2012 meeting. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, P. Looney, T. Kiritsis. 5-0-0 The motion passed unanimously and the meeting adjourned at 11:10 p.m.
Jane Cable, Chairman
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