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Zoning Commission Record of Vote 05/12/2014
RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
MONDAY – MAY 12, 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, T. Risom, regular member and Gil Soucie, alternate

Also present:  Ann Brown, Zoning Enforcement Officer

Absent:  J. Bozek, regular member and Ted Kiritsis, alternate

PUBLIC HEARING:

1.  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.  *** Per letter dated May 9, 2014 from applicant’s attorney, it is requested “that the public hearing be opened and continued to the June 9, 2014 Meeting without receiving any testimony, comments, evidence or discussion for the record.” ***

        A Motion was made by T. Risom, seconded by J. Johnson to OPEN and CONTINUE the Public Hearing on the Special Permit Application and Municipal Coastal Site Plan Review for 88 Hartford Avenue, Leonard T. Corto, applicant per letter dated May 9, 2014 from applicant’s attorney.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, T. Risom, J. Johnson, G. Soucie  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 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 – Public Hearing continued to June 9, 2014

2.  Site Development Plan Modification Application to permit moving the bottle recycling machines from the inside to the outside of the structure under at the at the Big Y Supermarket located at 90 Halls Road, F. William Brown, LLC, applicant.  Applicant is requesting that the Zoning Commission determine that this proposal is minor change that can be delegated to the Zoning Enforcement Officer Section 13A.4.10 of the Old Lyme Zoning Regulations.  

        A Motion was made by J. Johnson, seconded by T. Risom that if the applicant wants to proceed, the applicant must  request that the Zoning Commission hold a public hearing to evaluate the application.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, G. Soucie  Opposed: T. Risom  None   Abstaining:  None  The motion passed. 4-1-0
3.  Special Permit Application to allow a 630 sq. ft. art studio addition at 30 Seaview Road in accordance with Section 9.1.3.2 of the Zoning Regulations, Tai Soo Kim, applicant.  

        A Motion was made by J. Johnson, seconded by T. Risom to receive the Special Permit Application for Tai Soo Kim, 30 Seaview Road and set a Public Hearing for Monday, June 9, 2014.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, T. Risom, G. Soucie  Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

4.  Special Permit Application to allow removal of fill from a proposed irrigation pond at 220-1 Whippoorwill Road in accordance with Section 15.3 of the Zoning Regulations, Dennis Chupron, applicant.  

        A Motion was made by J. Johnson, seconded by T. Risom to receive the Special Permit Application for Dennis Chupron, 220-1 Whippoorwill Road and set a Public Hearing for Monday, June 9, 2014.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, T. Risom, G. Soucie  Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

5.  Special Permit Application to allow renovation of an existing structure and an addition of a second floor balcony on the west side on property located at 15-2 Tantummaheag Road, in accordance with Section 4.10.2 of the Zoning Regulations, H. P. Broom – Housewright, Inc., applicant, Rives and Nancy Potts, owners.  

J. Johnson recused himself

        A Motion was made by T. Risom, seconded by J. Marsh to receive the Special Permit Application for Rives and Nancy Potts, 15-2 Tantummaheag Road and set a Public Hearing for Monday, June 9, 2014.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, T. Risom, G. Soucie  Opposed:  None   Abstaining:  None  The motion passed unanimously. 4-0-0

6.  Site Development Plan Modification Application to allow an outside patio that has a 2 ½ foot cement wall in the front of the restaurant at 100 Shore Road.  

A Motion was made by J. Johnson, seconded by T. Risom to grant as follows:

Whereas, the Zoning Commission has received an application for Site Plan Modification requesting re-approval of the Site Plan Modification granted on June 12, 2006 with minor modifications as shown on plans entitled “proposed outdoor dining for the Grille 100 Shore Road (156) Old Lyme, CT 5-9-14 Sheet A2”, “proposed outdoor dining for the Grille 100 Shore Road (156) Old Lyme, CT 5-9-14 Sheet A1” and “Property Survey of Land of Barbara A. Woods Shore Road – CT. Route 156 & Pine Road Old Lyme, Connecticut dated April 22, 2011, Scale 1” = 20’ prepared by Richard W. Gates, Land Surveyor” ; and

Whereas, the proposed use is permitted under 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 of the Regulations with the following modifications required to be followed:

  • A poured concrete wall at least 30” in height must be installed in the location shown on the plan submitted.
  • “NO PARKING”, “IN” with arrows, and “OUT” with arrows must be painted on the pavement to direct traffic flow as shown on the plan submitted.
  • The restaurant and outside areas shall be configured so as to provide no more than 78 seats at any one time.
  • There shall be no liquor service on the patio.
  • An entrance may be installed on the east side of the patio to accommodate handicap access.
  • A side door on the east side of the building may be installed for service to the patio.

Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13.A, 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; 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 Barbara Woods for the Site Plan Modification for property at 100 Shore Road, Old Lyme, CT, with the
conditions specified.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, T. Risom, G. Soucie  Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

7.  Release of Bond Request dated November 19, 2013 from Henry Resnikoff, a member of Lyme Academy Apartments, LLC – NO ACTION AT THIS TIME

8. Approval of Minutes  –  Minutes of the Public Hearing and Regular Meeting of April 14, 2014
                                – Deferred to next month                                                                
9.  Correspondence –

E-mail dated May 1, 2014 from Joseph Wren, P.E. requesting a discussion regarding a text amendment to allow 2 stories rather than 1 ½ in the R-10 district.   

10.  Zoning Enforcement Report

11.  Miscellaneous/Adjournment          

A Motion to adjourn was made by J. Johnson, seconded by T. Risom.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, T. Risom, G. Soucie  In opposition:  None   Abstaining:  None  The Motion carried 5-0-0  The meeting adjourned at 8:45 p.m.

        
Jane Cable, Chairman    



NEXT MEETING OF THE ZONING COMMISSION IS MONDAY, JUNE 9, 2014,
7:30 P.M., MEETING HALL, 52 LYME STREET, OLD LYME, CT