RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
MONDAY – APRIL 14, 2014, 7:30 P.M.
Meeting Hall at Memorial Town Hall
52 Lyme Street, Old Lyme, CT
1. Convene Meeting; announcement of voting members.
Present: Jane Cable, Chairman, John Johnson, Vice Chairman, Jane Marsh, Secretary, J. Bozek, regular member and Ted Kiritsis, alternate
Also present: Ann Brown, Zoning Enforcement Officer
Absent: T. Risom, regular member and Gil Soucie, alternate
PUBLIC HEARING:
1. Special Permit Application and Municipal Coastal Site Plan Review Application to permit dock renovations in accordance with Section 4.3.2.a of the Zoning Regulations on property located at 23 Ferry Road, Robin Sedgwick, applicant/property owner.
A Motion was made by J. Johnson, seconded by T. Kiritsis to CLOSE the Public Hearing on the Special Permit Application and Municipal Coastal Site Plan Review Application to permit dock renovations on property located at 23 Ferry Road, Robin Sedgwick, applicant/property owner. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, J. Bozek, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
REGULAR MEETING:
1. Special Permit Application and Municipal Coastal Site Plan Review Application to permit dock renovations in accordance with Section 4.3.2.a of the Zoning Regulations on property located at 23 Ferry Road, Robin Sedgwick, applicant/property owner.
A Motion was made by J. Marsh, seconded by J. Johnson as follows:
Whereas, the Zoning Commission has received an application for Special Permit Application dated March 3, 2014 and Municipal Coastal Site Plan Review Application dated February 17, 2014 with Statement of Use; List of Adjacent property owners; Location Map; Coastal Resource Map; Shellfish Concentration Map; Tax Assessor Map; Flood Map; CT DEEP General Permit Application No. 201303952-SB; Department of the ARMP Application No. NAE-2013-1950; Photographs; Property Deed and Site Plan entitled “ Special Permit and Coastal Site Plan Dock Modifications Lieutenant River February 26, 2014 Property of Robin Sedgwick 23 Ferry Road Old Lyme, CT 06371 Sheet 1 of 1 Prepared by Docko, Inc.”
Whereas, the Zoning Commission has held a duly noticed public hearing on April 14, 2014, and the Commission has had an opportunity to hear testimony both from citizens of Old Lyme and the applicant; and
Whereas, the proposed use is permitted by Special Permit under the Old Lyme Zoning Regulations Section 4.3.2.a, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 13A and B of the Regulations as submitted.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13A, in particular that the proposed use and 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 finds that the applicant has demonstrated compliance with the General Standards of Section 4.3.2.a, in particular that the proposed use, buildings or other structures and site development conform to the standards of this section.
Whereas, the Zoning Commission has received comments from the Office of Long Island Sound Programs of the Department of 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;
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 Special Permit/Coastal Site Plan to allow a pier and float retention on property of Robin Sedgwick at 23 Ferry Road, Old Lyme, CT, as specified. . No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, J. Bozek, 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 allow the expansion of outdoor seating and food service by permitting tables and chairs on the beach in front of existing patio and liquor service on the beach on property located at 88 Hartford Avenue, Leonard T. Corto, applicant – Discussion about the request for waivers under Section 13A2.11, 13A2.8, 13A2.9 and 13A2.12 of the Zoning Regulations.
A Motion was made by J. Johnson, seconded by T. Kiritsis to receive the Special Permit Application and Municipal Coastal Site Plan Review Application for 88 Hartford Avenue, Leonard T. Corto, applicant and set a Public Hearing for Monday, May 12, 2014. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, J. Bozek, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
3. Special Permit Application to allow under Section 5.4.3, Special Permit Uses, Per Section 13B a gathering place for live, local and homegrown music, Gail Stevens of Nightingales Acoustic Cafe, applicant; MusicNow Foundation, Inc. a 501 (c) (3) nonprofit organization – WITHDRAWN
4. Release of Bond Request dated November 19, 2013 from Henry Resnikoff, a member of Lyme Academy Apartments, LLC – NO ACTION AT THIS TIME
5. Approval of Minutes –
A Motion was made by J. Marsh, seconded by J. Bozek to APPROVE the Minutes of the Public Hearing and Regular Meeting of February 10, 2014 with the following rewording to page 10, item number 5 “the house will remain a three bedroom house, but one of the bedrooms will be relocated to the proposed second floor addition” and the Minutes of the Regular Meeting of March 10, 2014, as submitted. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, J. Bozek, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
6. Correspondence –
Letter from the Old Lyme Conservation Commission dated March 22, 2014 regarding Rogers Lake Watershed - consideration of a special watershed zone to reduce nutrient runoff.
7. Zoning Enforcement Report
8. 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, J. Bozek, T. Kiritsis In opposition: None Abstaining: None The Motion carried 5-0-0 The meeting adjourned at 9:38 p.m.
Jane Cable, Chairman
NEXT MEETING OF THE ZONING COMMISSION IS
MONDAY, MAY 12, 2014, 7:30 P.M.,
MEZZANINE CONFERENCE ROOM, 52 LYME STREET, OLD LYME, CT
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