RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
MONDAY – February 10, 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, Ted Kiritsis, alternate and Gil Soucie, alternate
Also present: Ann Brown, Zoning Enforcement Officer
Absent: T. Risom, regular member and J. Bozek, regular member
CONTNUED PUBLIC HEARING:
1. 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. Johnson, seconded by T. Kiritsis to CLOSE the continued Public Hearing on the Petition to Amend the Zoning Regulations, Section 14.5.1. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Kiritsis, G. Soucie Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
PUBLIC HEARING:
1. 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 T. Kiritsis, seconded by J. Johnson to CLOSE the Public Hearing on the 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 on property located at 25 Massachusetts Road, Joe Minkos, owner. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Kiritsis, G. Soucie Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
REGULAR MEETING:
1. 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 T. Kiritsis as follows:
Whereas, the Zoning Commission has received a petition to amend the Zoning Regulations with respect to Section 14.5.1 Spacing from House of Worship or School to include the sentence, “The spacing requirements from a House of Worship shall not apply to establishments having a grocery store permit for the sale of beer only”; and
Whereas, the Zoning Commission has held a duly noticed public hearing on January 13, 2014 and February 10, 2014, and the commission has had an opportunity to hear testimony from citizens of Old Lyme and others; and
Whereas, the Planning Commission at its Regular Meeting on December 12, 2013 approved a motion in favor of this amendment to the Zoning Regulations, and the Commission has considered these comments; and
Whereas, the Commission finds that there is NOT sufficient evidence to demonstrate that the proposed changes to the text are appropriate;
Whereas, the Commission finds that the proposed regulation changes will NOT ADEQUATELY 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;
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 Old Lyme Zoning Commission finds that the proposal is NOT consistent with the Old Lyme Plan of Conservation and Development; and
Now, therefore be it resolved that the Old Lyme Zoning Commission DENIES approval to the proposed Petition to Amend the Zoning Regulations, Section 14.5.1. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Kiritsis, G. Soucie Opposed: None Abstaining: None The motion to DENY passed unanimously. 5-0-0
2. 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. Kiritsis as follows:
Whereas, the Zoning Commission has received a Special Permit Application dated December 26, 2013 by property owner, January 6, 2014 by applicant with statement of use and abutter list; also Proposed Plans prepared by Blue Moon Design Architectural Design, LLC for 25 Mass. Road Old Lyme, CT dated 11-25-13 Sheet A-1 and Site Diagram prepared by Blue Moon Design Architectural Design, LLC for 25 Mass. Road Old Lyme, CT dated 11-25-13 Sheet A-2 for additions to the existing house;
Whereas, the Zoning Commission has held a duly noticed public hearing on February 10, 2014, and the Commission has had an opportunity to hear testimony from the public and from the applicant; and
Whereas, the proposed enlargements are allowed by Special Permit under section 9.1.3.2 of the Old Lyme Zoning Regulations, and 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;
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 additions in their approved locations, prepared by a licensed land surveyor must be submitted to the Town to verify compliance with approved plans.
2. Modified survey proposal must be submitted: bathroom bumpout is 7’ x 6’6”.
3. Enlargement of roof on south side of building shall be removed.
4. Shed ceiling height not to exceed 5’ 11”.
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 with the required modifications for the Special Permit Application to permit the additions proposed as shown on the submitted plans for 25 Mass. Road Old Lyme, CT. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Kiritsis, G. Soucie Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
A Motion was made by J. Johnson, seconded by T. Kiritsis to modify the agenda to move current item number 7 to item number 3 and renumber. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, G. Soucie, T. Kiritsis In opposition: None Abstaining: None The Motion passed unanimously 5-0-0
3. (7.) Correspondence – E-mail dated February 7, 2014 from Barbara Crowley of the Chocolate Shell, 18 Lyme Street to discuss certain items concerning Lyme Street businesses.
4. 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 G. Soucie as follows:
Whereas, the Zoning Commission has submitted a petition to amend the Zoning Regulations with respect to Section 5.12.3 Light Industry LI-80 District (LI), Special Permit Uses, Per Section 13B, to include “Governmental Services Buildings”; and
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 citizens of Old Lyme and others; and
Whereas, the Planning Commission at its Regular Meeting on December 12, 2013 approved a motion in favor of this amendment to the Zoning Regulations, and the Commission has considered these comments; 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. The regulations should be amended to permit “Governmental Service” rather than “Governmental Services Buildings”;
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;
Whereas, the Old Lyme Zoning Commission finds that the proposal as amended is consistent with the Old Lyme Plan of Conservation and Development and is appropriate because:
- consistent with the other industrial uses in the zone evidenced by the existing town garage as a long-term use; and
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 “Governmental Service”, with the effective date of March 1, 2014. . No discussion and a vote was taken. In favor: J. Cable, J. Marsh, G. Soucie, In opposition: J. Johnson Abstaining: T. Kiritsis The Motion carried 3-1-1 Effective March 1,
2014.
5. Special Permit Application to permit a minor second floor addition in accordance with Section 9.1.3.2 on property located at 70 Grassy Hill Road, Joanne T. Centola, owner.
A Motion was made by J. Johnson, seconded by T. Kiritsis to receive the Special Permit Application for Joanne T. Centola, 70 Grassy Hill Road and set a Public Hearing for Monday, March 10, 2014. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Kiritsis, G. Souce Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
A Motion was made by J. Cable, seconded by J. Marsh to modify the agenda to add the Special Permit Application discussion for 62 Neck Road. No discussion and a vote was taken. In favor: J. Marsh, J. Cable, G. Soucie Opposed: J. Johnson, T. Kiritsis Abstaining: None The Motion failed to carry and the agenda was not modified.
6. Release of Bond Request dated November 19, 2013 from Henry Resnikoff, a member of Lyme Academy Apartments, LLC – No action taken
7. Approval of Minutes
– Minutes of the Public Hearing and Regular Meeting of December 9, 2013
A Motion was made by J. Johnson, seconded by T. Kiritsis to APPROVE the Minutes of the Public Hearing and Regular Meeting of December 9, 2013 as submitted. No further discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Kiritsis In opposition: None Abstaining: G. Soucie The Motion carried 4-0-1
– Minutes of the Public Hearing and Regular Meeting of January 13, 2014
A Motion was made by J. Marsh, seconded by J. Johnson to APPROVE the Minutes of the Public Hearing and Regular Meeting of January 13, 2014 as submitted. No further discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Kiritsis G. Soucie In opposition: None Abstaining: None The Motion passed unanimously 5-0-0
8. Zoning Enforcement Report
9. Miscellaneous/Adjournment
A Motion to adjourn was made by J. Johnson, seconded by T. Kiritsis. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, G. Soucie, T. Kiritsis In opposition: None Abstaining: None The Motion carried 5-0-0 The meeting adjourned at 10:14 p.m.
Jane Cable, Chairman
NEXT MEETING OF THE ZONING COMMISSION IS
MONDAY, MARCH 10, 2014,
7:30 P.M., AUDITORIUM, 52 LYME STREET, OLD LYME, CT
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