Skip Navigation
This table is used for column layout.
Zoning Commission Record of Vote 01/13/2014
RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
MONDAY – January 13, 2014, 7:30 P.M.
Auditorium of Memorial Town Hall
52 Lyme Street, Old Lyme, CT

1.      Convene Meeting; announcement of voting members.  Present:  Jane Cable, Chair, John Johnson, Vice Chairman, Jane Marsh, Secretary (arrived at 7:37), Tom Risom, regular member [alternates seated for applications as noted below]

Also present were Ted Kiritsis, alternate, Joan Bozek, Alternate (arrived at 7:42), Gil Soucie, alternate and Ann Brown, Zoning Enforcement Officer.

Absent:  Pat Looney, regular member

PUBLIC HEARINGS:

1.  Special Permit Application to permit construction of a storage shed at 36 Springfield Road [vacant lot] in accordance with Section 9.1.3.2 of the Zoning Regulations, Jack Mut, property owner.  

J. Cable recused herself for this one application

A Motion was made by T. Risom, seconded by J. Marsh to CLOSE the Public Hearing on the Special Permit Application to permit a storage shed on property located at 36 Springfield Road [vacant lot], Jack Mut, owner/applicant.  No discussion and a vote was taken.  In favor:  J. Marsh, T. Risom, J. Johnson, T. Kiritsis, G. Soucie  Opposed:  None   Abstaining:  None   The motion passed unanimously. 5-0-0

2.  Petition to Amend the Zoning Regulations, Section 14.5.1~(amended wording in bold):  14.5.1 Spacing from House of~Worship or School.   No Building, other Structure or Premises shall be Used as a liquor establishment if any entrance to such liquor establishment is located within 200 feet or less radius from a property containing a House of Worship or school building provided, however, that a Building, Structure or Premises is eligible to be used as a liquor establishment within such distance if the House of Worship or school was erected on such property after the lawful commencement of the liquor establishment Use. The spacing requirements from a House of Worship shall not apply to establishments having a grocery store permit for the sale of beer only, Assif Choudhry, Petitioner.   

A Motion was made by J. Marsh, seconded by J. Johnson to CONTINUE the Public Hearing to the February 10, 2014 Regular meeting for Gateway Commission comments for the Petition to Amend the Zoning Regulations, Section 14.5.1.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, T. Risom, J. Johnson, J. Bozek  Opposed:  None   Abstaining:  None   The motion passed unanimously. 5-0-0

3.  Petition to Amend the Zoning Regulations, Section 5.12.3 Light Industry LI-80 District (LI), Special Permit Uses, Per Section 13B to include “Governmental Services buildings”, Town of Old Lyme Zoning Commission, Petitioner.   

A Motion was made by T. Risom, seconded by J. Marsh to CLOSE the Public Hearing on the Petition to Amend the Zoning Regulations, Section 5.12.3 Light Industry LI-80 District.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, T. Risom, J. Bozek   Opposed:  J. Johnson   Abstaining:  None   The motion passed. 4-1-0

REGULAR MEETING:

1.  Special Permit Application to permit construction of a storage shed at 36 Springfield Road [vacant lot] in accordance with Section 9.1.3.2 of the Zoning Regulations, Jack Mut, property owner.  

A Motion was made by J. Marsh, seconded by T. Risom to Approve with conditions the Special Permit Application as follows:

Whereas, the Zoning Commission has received a Special Permit Application dated December 6, 2013 with statement of use, copy of Legal Notice of Decision from the Zoning Board of Appeals meeting of October 15, 2013, copy of Notice of Variance Granted for Land Records, abutter list, deed, picture of dimensions of shed, elevation views and Klotter Farms fact sheet. Property Survey entitled “Land n/f Joaquin Mut, III #33 and #38 Springfield Road Old Lyme, Connecticut Scale 1” = 10’ Dated August 25, 2010 Revised 9-20-10 add Lot #22 prepare by Robert R. Weaver, L.S.  Connecticut Registered Land Surveyor.”

Whereas, the Zoning Commission has held a duly noticed public hearing on January 13, 2014, and the Commission has had an opportunity to hear testimony from the public and from the applicant; and

Whereas, the proposed new 14’x32’ building is allowed by Special Permit under section 9.1.3.2 of the Old Lyme Zoning Regulations, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions of this section:
  • There is no new nonconformity, nor increase in any existing nonconformity, with respect to setback, coverage, and other Bulk requirements;
  • The proposal shall be in compliance with the approved variance (copy attached);
  • Assessor's Map #69, lots 22 and 23 shall be combined and in the name of the same owner of 33 Springfield Road;
  • There shall be no heat, plumbing or HVAC in the shed;
  • The shed is for storage only, no human occupancy;
  • Windows or the appearance of windows shall be added in order to give a more residential appearance;
  • Owner agrees that the three parcels shall remain under single ownership and use.  Prior to issuance of building permit, applicant shall submit a copy of the recorded deed merging the three lots into "a single lot for zoning purposes" with a permanent covenant that the lots will always be conveyed together; and
  • Shed shallalways remain an accessory structure to thehouse at 33 Springfield Road, Old Lyme, CT and
Whereas, the Commission has considered:
a.      the density or intensity of the Lot and the surrounding area, including the area and topography of the Lot, its coverage by Buildings, the height and volume of such Buildings, the number of Dwelling Units or bedrooms, and the ratio of impervious surfaces;

b.      the natural resources on the Lot and in the vicinity of the Lot which may be adversely impacted;

c.      the access to the Lot, including whether access roads are public or private, their surface condition, width, grade, flood hazard, drainage, existing traffic volume, and suitability for increased traffic or population to be served;

d.      Access to the existing or proposed Building(s) or Structure(s) on and Abutting the Lot for emergency vehicles and public safety personnel;

e.      the character of the neighborhood, including the scale of other Buildings or Structures in the area, the streetscape, impact on marine or coastal vistas as viewed from public Streets or other public viewing areas;

f.      privacy, light, and air for the subject Lot and Abutting Lots;

g.      increased effluent disposal volumes, the condition of the existing septic system on the Lot, and the impact on potential future repair or expansion of any such septic system; and

Whereas, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions of Section 13A and Section 13B of the Regulations with the following modifications required to be added to the final plan:

1.  An as-built survey of the constructed building in its approved location, prepared by a licensed land surveyor shall be submitted to the Town to verify compliance with approved plans;

2.   Plan must be submitted to Sanitarian prior to the construction of the shed.

3.   Sanitarian to confirm that the only condition was that the shed shall have no plumbing
     or  connection to water or septic/sewer.

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 for a Special Permit Application for a 14’ by 32’ shed at 36 Springfield Road, Old Lyme, CT, Jack Mut, applicant. No discussion and a vote was taken.  In favor:  J. Marsh, T. Risom, J. Johnson, T. Kiritsis, G. Soucie  Opposed:  None   Abstaining:  None   The motion passed unanimously. 5-0-0
2.  Petition to Amend the Zoning Regulations, Section 14.5.1~(amended wording in bold):  14.5.1 Spacing from House of~Worship or School.   No Building, other Structure or Premises shall be Used as a liquor establishment if any entrance to such liquor establishment is located within 200 feet or less radius from a property containing a House of Worship or school building provided, however, that a Building, Structure or Premises is eligible to be used as a liquor establishment within such distance if the House of Worship or school was erected on such property after the lawful commencement of the liquor establishment Use. The spacing requirements from a House of Worship shall not apply to establishments having a grocery store permit for the sale of beer only, Assif Choudhry, Petitioner – CONTINUED TO FEBRUARY 10, 2014 REGUALR MEETING

3.  Petition to Amend the Zoning Regulations, Section 5.12.3 Light Industry LI-80 District (LI), Special Permit Uses, Per Section 13B to include “Governmental Services buildings”, Town of Old Lyme Zoning Commission, Petitioner.   

A Motion was made by J. Marsh, seconded by J. Johnson to DEFER THE DECISION UNTIL THE FEBRUARY 10, 2014 REGULAR MEETING.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, T. Risom, J. Johnson, J. Bozek  Opposed:  None   Abstaining:  None   The motion passed unanimously. 5-0-0

4.  Special Permit Application to permit demolition of existing detached garage and construction of an attached garage, enlargement of first floor and renovation of second floor in accordance with Section 9.1.3.2 on property located at 25 Massachusetts Road, Joe Minkos, owner.  

A Motion was made by J. Johnson, seconded by T. Risom to receive the Special Permit Application for 25 Massachusetts Road, Joe Minkos, owner and set a Public Hearing for Monday, February 10, 2014.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, T. Risom, J. Bozek Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

5.  Release of Bond Request dated November 19, 2013 from Henry Resnikoff, a member of Lyme Academy Apartments, LLC – No action at this time.

6. Approval of Minutes     –   Minutes of the Public Hearing and Regular Meeting of December 9, 2013 –  Defer to February 10, 2014 meeting
                                                
A Motion was made by J. Johnson, seconded by T. Risom to change the order of the meeting to hear Item No. 8 – Correspondence before Item 7 and renumber.  No discussion and a vote was taken.  In favor:  J. Cable, T. Risom, J. Marsh, J. Johnson, J. Bozek  In opposition:  None   Abstaining:  None   The motion passed unanimously.  5-0-0

7.  Correspondence – Letter from Di Cesare Bentley dated January 7, 2014 requesting an extension of time for commencement of work with respect to the Special Permit/CAM approval, 1 Huntley Road.

A Motion was made by J. Marsh, seconded by J. Bozek to grant an extension of an additional 18 months to commence work with respect to the Special Permit/CAM approval for 1 Huntley Road.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, T. Risom, J. Bozek Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

8.  Any new or old business     –       Preliminary discussion, Bruce Baratz, consider including “Arbors” in section 7.4.2 Fences, Walls and Terraces.
        
        –       Discussion of Section 21.1.4 of the Zoning Regulations and Special Permits in the R-10 District, Section 9.1.3.2 and the definition for calculation of floor area.

        –    Election of Officers

A Motion was made by T. Risom, seconded by J. Johnson to nominate the existing slate of officers - Jane Cable as Chairman, John Johnson as Vice Chairman and Jane Marsh as Secretary.  Discussion:  T. Kiritsis offered that others might like the opportunity to be elected to the slate of officers.  J. Cable stated that she received an e-mail from P. Looney’s wife stating he would not be at the meeting and that he did not want to be put up for any elected position.  No further discussion and a vote was taken and the nominations closed.  In favor:  J. Cable, T. Risom, J. Marsh, J. Johnson, J. Bozek  In opposition:  None   Abstaining:  None   The motion passed unanimously.  5-0-0

A Motion was made by T. Risom, seconded by J. Johnson to re-elect the existing slate of officers - Jane Cable as Chairman, J. Johnson as Vice Chairman and Jane Marsh as Secretary.  No discussion and a vote was taken.  In favor:  J. Cable, T. Risom, J. Marsh, J. Johnson, J. Bozek   In opposition:  None   Abstaining:  None   The motion passed unanimously.  5-0-0
        
        –    Bylaws – Table discussion until the February 10, 2014 Regular Meeting.

9.  Zoning Enforcement Report

10. Miscellaneous/Adjournment                   

A Motion to adjourn was made by T. Kiritsis, seconded by J. Johnson.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, T. Risom, T. Kiritsis   In opposition:  None   Abstaining:  None  The Motion carried 5-0-0  The meeting adjourned at 10:16 p.m.


                                Jane Cable, Chairman    


NEXT MEETING OF THE ZONING COMMISSION IS
MONDAY, FEBRUARY 10, 2014,
7:30 P.M., AUDITORIUM, 52 LYME STREET, OLD LYME, CT