RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
WEDNESDAY – November 14, 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), Pat Looney (Regular Member), Ted Kiritsis (Alternate), Harland Frazier (Alternate) and Joan Bozek (Alternate)
Also present: Ann Brown, Zoning Enforcement Officer
PUBLIC HEARING:
1. Special Permit Application to demolish existing structure and construct a new 3 bedroom dwelling in accordance with Section 9.1.3.2 and/or Section 9.4 of the Zoning Regulations on property located at 14 Oak Road, Grampa Fred and the Girls LLC, applicant.
A Motion was made by J. Johnson, seconded by P. Looney to CONTINUE the Public Hearing to the December 10, 2012 Regular Meeting on the Special Permit Application for 14 Oak Road, Grampa Fred and the Girls, LLC, applicant. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, P. Looney, T. Risom Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
REGULAR MEETING:
A Motion was made by T. Risom, seconded by J. Marsh to amend the agenda to add under item number 6 as “New Business” - Discussion with respect to allowing Accessory Apartments in an R-20 zone. 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
1. Special Permit Application to demolish existing 2 family dwelling and construct a new single family dwelling in accordance with Section 9.1.3.2 and/or Section 9.4 of the Zoning Regulations on property located at 42 Portland Avenue, Fred Guidobono, applicant. Receive and set public hearing
A Motion was made by T. Risom, seconded by P. Looney to receive the Special Permit Application for 42 Portland Avenue, Fred Guidobono, applicant and set a Public Hearing for Monday, December 10, 2012. 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
2. 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.
Voting – J. Cable, J. Marsh, J. Johnson, P. Looney, T. Kiritsis
A Motion to DENY was made by T. Kiritsis, seconded by P. Looney, as follows:
Whereas, the applicants, Kasie Munson and Patrick Pryor have submitted a petition to amend the Zoning Regulations with respect to Section 5.12.3 Special Permit Uses, Per Section 13B to include “Indoor Recreational Facility (including tennis, handball, paddleball, squash, swimming, skating, soccer, lacrosse, hockey, field hockey, and similar such activities) provided no portion of any building containing such Use shall be no less than 100 feet, measured horizontally, from any Residential or Rural District.”;
Whereas, the Zoning Commission has held a duly noticed public hearing on September 10, 2012 which was continued to October 10, 2012 (Wednesday) and the decision was deferred to November 14, 2012 (Wednesday), and the commission has had an opportunity to hear testimony from citizens of Old Lyme and others; and
Whereas, the Commission has considered comments from the Old Lyme Planning Commission and others; and
Whereas, the Commission has considered the Comprehensive Plan of Zoning and finds that the proposed change is NOT compatible with the Comprehensive Plan of Zoning; and
Whereas, the Commission finds that there is NOT sufficient evidence to demonstrate that the proposed changes to the text are appropriate for the following reasons:
1. Safety;
2. Impact to adjacent residential neighborhood;
3. Effect on property values to residential neighborhood;
4. Change not in harmony to adjacent residential neighborhood;
5. Potential increase to amount of traffic
a. at various hours after dark;
b. flow through on nonstandard road, Hatchetts Hill Road [West];
c. noise pollution; and
d. light pollution
6. Potential loitering, at all hours, on proposed site and residential area;
7. No police patrol during late night;
8. Questionable control of outside gathering;
9. Traffic will be competing with:
a. Town Public Works large trucks and equipment;
b. Town vehicles refueling, i.e. emergency, police, etc.;
c. Commercial delivery tractor trailers;
d. Local contractor equipment.
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 DENIES approval to the proposed modification to the Zoning Regulations to modify Section 5.12.3 Special Permit Uses, Per Section 13B to include “Indoor Recreational Facility (including tennis, handball, paddleball, squash, swimming, skating, soccer, lacrosse, hockey, field hockey, and similar such activities) provided no portion of any building containing such Use shall be no less than 100 feet, measured horizontally, from any Residential or Rural District”. No further
discussion. In favor of Motion to Deny: T. Kiritsis [reasons stated in motion], P. Looney [reasons stated in motion] Opposed to the Motion to Deny: J. Marsh, J. Johnson, J. Cable Opposed: None Abstaining: None The motion failed to pass. 2-3-0
A motion to Approve was then made:
A Motion to APPROVE was made by J. Johnson, seconded by J. Marsh, as follows:
Whereas, the applicants, Kasie Munson and Patrick Pryor have submitted a petition to amend the Zoning Regulations with respect to Section 5.12.3 Special Permit Uses, Per Section 13B to include “Indoor Recreational Facility (including tennis, handball, paddleball, squash, swimming, skating, soccer, lacrosse, hockey, field hockey, and similar such activities) provided no portion of any building containing such Use shall be no less than 100 feet, measured horizontally, from any Residential or Rural District.”;
Whereas, the Zoning Commission has held a duly noticed public hearing on September 10, 2012 which was continued to October 10, 2012 (Wednesday) and the decision was deferred to November 14, 2012 (Wednesday), and the commission has had an opportunity to hear testimony from citizens of Old Lyme and others; and
Whereas, the Commission has considered the Comprehensive Plan of Zoning and finds that the proposed change is compatible with the Comprehensive Plan of Zoning; and
Whereas, the Commission has considered comments from the Old Lyme Planning Commission, the Planning Commission at its Regular Meeting on August 2, 2012 approved a motion in favor of the amendment to the Zoning Regulations and others; and
Whereas, the Commission finds that there is sufficient evidence to demonstrate that the proposed changes to the text are appropriate with the following conditions and/or modifications:
1. Driveway and parking layout shall be designed to minimize the necessity for buses to back up;
2. Hours of operation shall be 7:00 a.m. to 9:00 p.m.
3. There shall be adequate areas inside the building(s) to accommodate athletes and spectators;
4. The number of parking spaces must be proposed, explained, and justified by the applicant at the time of submission for the special permit; all uses on the premises shall be listed and described in the Statement of Use; the adequacy of the parking proposed shall be determined by the Commission.
5. At a minimum one (1) parking space shall be provided for each four (4) occupants; maximum occupancy as determined by the Fire Marshal based on plans;
6. No liquor/alcohol beverages to be served, sold or consumed on the premises;
7. An adequate buffer is required to protect near-by residential properties;
8. Fencing is required to prevent trespassing onto abutting residential properties;
9. Private security plan is required for all hours when patrons are present on site;
10. Any outdoor environmental systems or exterior commercial vehicle noise shall be minimized to the maximum extent;
11. Truck delivery times shall be restricted to hours of operation;
12. All accessory uses require approval by the Zoning Commission.
Whereas, the Commission finds that the proposed regulation changes will permit the Commission
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, although the Zoning Commission has received comments from the Office of Long Island Sound Programs of the Department of Energy and Environmental Protection, after submitting the application materials to them for review, the Commission determines that the application and plans are consistent with the goals and policies of the Coastal Management Act; and
SPECIAL REGULATIONS: New Section 11.27 -
11.27 Indoor Recreational Facility in LI-80 Zone District. Recreational activities allowed are limited to tennis, handball, paddleball, squash, swimming, skating, soccer, lacrosse, hockey, field hockey, and similar such activities. The following conditions shall be imposed:
1. Driveway and parking layout shall be designed to minimize the necessity for buses to back up;
2. Hours of operation shall be 7:00 a.m. to 9:00 p.m.
3. There shall be adequate areas inside the building(s) to accommodate athletes and spectators;
4. The number of parking spaces must be proposed, explained, and justified by the applicant at the time of submission for the special permit; all uses on the premises shall be listed and described in the Statement of Use; the adequacy of the parking proposed shall be determined by the Commission.
5. At a minimum one (1) parking space shall be provided for each four (4) occupants; maximum occupancy as determined by the Fire Marshal based on plans;
6. No liquor/alcohol beverages to be served, sold or consumed on the premises;
7. An adequate buffer is required to protect near-by residential properties;
8. Fencing is required to prevent trespassing onto abutting residential properties;
9. Private security plan is required for all hours when patrons are present on site;
10. Any outdoor environmental systems or exterior commercial vehicle noise shall be minimized to the maximum extent;
11. Truck delivery times shall be restricted to hours of operation;
12. All accessory uses require approval by the Zoning Commission.
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to the proposed modification to the Zoning Regulations to modify Section 5.12.3 Special Permit Uses, Per Section 13B to include “Indoor Recreational Facility (including tennis, handball, paddleball, squash, swimming, skating, soccer, lacrosse, hockey, field hockey, and similar such activities) provided no portion of any building containing such Use shall be no less than 100 feet, measured horizontally, from any Residential or Rural District” with the conditions
specified and to add new Section 11.27 under Special Regulations to include “Indoor Recreational Facility (including tennis, handball, paddleball, squash, swimming, skating, soccer, lacrosse, hockey, field hockey, and similar such activities) provided no portion of any building containing such Use shall be no less than 100 feet, measured horizontally, from any Residential or Rural District” with the conditions specified. No further discussion. In favor of Motion to Approve: J. Marsh [appropriate use with conditions], J. Johnson [appropriate use with conditions], J. Cable [appropriate use with conditions] Opposed to the Motion to Approve: T. Kiritsis, P. Looney Opposed: None Abstaining: None The motion to Approve passed. 3-2-0 The effective date shall be December 10, 2012.
3. Special Permit Application to demolish existing structure and construct a new 3 bedroom dwelling in accordance with Section 9.1.3.2 and/or Section 9.4 of the Zoning Regulations on property located at 14 Oak Road, Grampa Fred and the Girls LLC, applicant – Public Hearing Continued
4. Approval of the 2013 Meeting Schedule
A Motion was made by J. Marsh, seconded by T. Risom to APPROVE the 2013 Meeting Schedule as submitted. 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
5. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting of October 10, 2012
A Motion was made by T. Risom, seconded by J. Marsh to APPROVE the Minutes of the Public Hearing and Regular Meeting of October 10, 2012 as submitted. 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
6. Any new or old business
Discussion regarding adding accessory apartments into the R-20 Zone in the Regulations.
7. Correspondence
8. Zoning Enforcement Report
9. Miscellaneous/Adjournment
A Motion was made by J. Johnson, seconded by P. Looney, to adjourn the November 14, 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 9:17 p.m.
Jane Cable, Chairman
| 
