RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
MONDAY – JULY 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 (arrived at 8:14 p.m.), Gil Soucie, alternate and Ted Kiritsis, alternate
Also present: Keith Rosenfeld, Land Use Coordinator
Absent: T. Risom, regular member and J. Bozek, regular member
CONTINUED PUBLIC HEARING:
1. Special Permit Application to allow removal of fill resulting from construction of an agricultural 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 T. Kiritsis, seconded by G. Soucie to CLOSE the Public Hearing on the Special Permit Application to allow removal of fill resulting from construction of an agricultural irrigation pond at 220-1 Whippoorwill Road. No discussion and a vote was taken. In favor: J. Cable, J. Johnson, G. Soucie, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
PUBLIC HEARINGS:
1. Site Development Plan Modification Application to permit moving the bottle recycling machines from the inside to the outside of the structure at the Big Y Supermarket located at 90 Halls Road, F. William Brown, LLC, applicant.
A Motion was made by J. Johnson, seconded by T. Kiritsis to CLOSE the Public Hearing to on the Special Permit Application to permit moving the bottle recycling machines from the inside to the outside of the structure at the Big Y Supermarket located at 90 Halls Road. No discussion and a vote was taken. In favor: J. Cable, J. Johnson, G. Soucie, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
2. Special Permit Application to allow construction of a 60’ wide by 100’ long x 30’ +/- high storage building at 3 Machnik Drive in accordance with Sections 5.12 & 13B of the Old Lyme Zoning Regulations, Town of Old Lyme, applicant.
A Motion was made by J. Marsh, seconded by J. Johnson to CONTINUE the Public Hearing until the September 8, 2014 Regular Meeting on order to obtain Wetlands approval on the Special Permit Application to allow construction of a 60’ wide by 100’ long x 30’ +/- high storage building at 3 Machnik Drive. No discussion and a vote was taken. In favor: J. Cable, J. Johnson, J. Marsh, G. Soucie, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
3. Special Permit Application and Municipal Coastal Site Plan Review Application to demolish existing seasonal cottage and construct a year round single family residence, in accordance with Sections 9.1.3, 9.1.3.2 and 9.07 of the Old Lyme Zoning Regulations, on property located at 75 Hillcrest Road, Thomas & Maria Prignano, applicants.
A Motion was made by J. Marsh, seconded by J. Johnson to CONTINUE the Public Hearing until the August 11, 2014 Regular Meeting to obtain certified receipts on the Special Permit Application and Municipal Coastal Site Plan Review Application to demolish existing seasonal cottage and construct a year round single family residence. No discussion and a vote was taken. In favor: J. Cable, J. Johnson, J. Marsh, G. Soucie, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
REGULAR MEETING:
1. Special Permit Application to allow removal of fill resulting from construction of an agricultural 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 T. Kiritsis, seconded by G. Soucie to grant as follows:
Whereas, the Zoning Commission has received a Special Permit Application dated May 6, 2014 with the following attachments: copy of Zoning Compliance Permit Application, statement of use, abutter list and a copy of Zoning Compliance Permit Application. Boundary & Topographic Survey Property of Carl Gerr – Prepared For – Dennis & Lauren Chupron 220-1 & 222 Whippoorwill Road Old Lyme Connecticut Sheet No: 1 of 1, dated September 3, 2010 revised 9/16/2010 for conditions of approval, prepared by Rob Hellstrom Land Surveying, LLC;
Whereas, the Zoning Commission has held a duly noticed public hearing on June 9, 2014 which was continued to July 14, 2014, and the Commission has had an opportunity to hear testimony from the public and from the applicant; and
Whereas, the Inland Wetlands and Watercourses Commission made a determination of no jurisdiction at its meeting on May 27, 2014 and issued a Wetlands Permit #14-10; and
Whereas, the proposed irrigation pond is allowed by Special Permit under section 15.3 of the Old Lyme Zoning Regulations, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the procedures outlined in Section 15.5 of the Old Lyme Zoning Regulations:
- The berm currently in place is to remain on site; and
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for a Special Permit Application dated May 6, 2014, for an irrigation pond at 220-1 Whippoorwill Road, Old Lyme, CT, Lauren Chupron, applicant. No discussion and a vote was taken. In favor: J. Cable, J. Johnson, G. Soucie, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
2. Site Development Plan Modification Application to permit moving the bottle recycling machines from the inside to the outside of the structure at the Big Y Supermarket located at 90 Halls Road, F. William Brown, LLC, applicant.
A Motion was made by J. Johnson, seconded by G. Soucie to grant as follows:
Whereas, the Zoning Commission has received an application for Modification to a Site Plan, 90 Halls Road, Big Y Supermarket Bottle Machine Relocation, Proposed Floor Plan sheet F1dated 3-12-14; and
Whereas, the Zoning Commission has evaluated this proposal at a duly noticed public meeting held on July 14, 2014; and
Whereas, the proposed use is permitted under the Old Lyme Zoning Regulations as an accessory use to the retail grocery store use; and the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 13A of the Regulations.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13A, in particular that the proposed use and site development are designed and arranged as follows:
a. to achieve safety, comfort and convenience;
b. to be in architectural harmony with the surrounding area;
c. to protect nearby residential and preservation areas;
d. 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;
e. to show pedestrian, traffic and refuse concerns have been properly and adequately addressed; and
Whereas, the Zoning Commission has deliberated and considered the evidence presented at the meeting as well as the input of its staff; and
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval of the Modification to the Site Plan to allow Relocation of the Bottle Machines at the Big Y Supermarket at 90 Halls Road, Old Lyme, CT. No discussion and a vote was taken. In favor: J. Johnson, G. Soucie, T. Kiritsis Opposed: J. Cable Abstaining: None The motion passed. 3-1-0
3. Special Permit Application to allow construction of a 60’ wide by 100’ long x 30’ +/- high storage building at 3 Machnik Drive in accordance with Sections 5.12 & 13B of the Old Lyme Zoning Regulations, Town of Old Lyme, applicant – Public Hearing continued to September 8, 2014
4. Special Permit Application and Municipal Coastal Site Plan Review Application to demolish existing seasonal cottage and construct a year round single family residence, in accordance with Sections 9.1.3, 9.1.3.2 and 9.07 of the Old Lyme Zoning Regulations, on property located at 75 Hillcrest Road, Thomas & Maria Prignano, applicants – Public Hearing continued to August 11, 2014
5. Petition to Amend the Zoning Regulations to allow an animal shelter which is not listed as a Permitted Use in Section 5.12 Light Industry LI-District (LI) under Section 5.12.3 Special Permit Uses, Per Section 13B, Pet Connections, Inc., M. Glynn McAraw, President, applicant.
A Motion was made by J. Marsh, seconded by J. Kiritsis to accept the Petition to Amend the Zoning Regulations to allow an animal shelter which is not listed as a Permitted Use in Section 5.12 Light Industry LI-District (LI) under Section 5.12.3 Special Permit Uses, Per Section 13B, Pet Connections, Inc., M. Glynn McAraw, President, applicant and set a public hearing for September 8, 2014. No 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 carried unanimously. 5-0-0
6. Release of Bond Request dated November 19, 2013 from Henry Resnikoff, a member of Lyme Academy Apartments, LLC – NO ACTION AT THIS TIME
7. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting of June 9, 2014
A Motion was made by G. Soucie, seconded by J. Johnson to APPROVE the Minutes of the Public Hearing and Regular Meeting of June 9, 2014, as submitted. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, G. Soucie, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
8. Correspondence – Letter from Michael A. Girard, President Miami Beach Association dated July 7, 2014 to discuss future use of 249 Shore Road Property & Building.
– Letter from Meg McCulloch dated June 19, 2014 with respect to discussion/decision to consider swimming lessons held at 24-1 Hillside Road as either a Home Occupation, Family Day Care Home or Group Day Care Home.
– Submittal of a Statement of Use from Mimi Brainard dated July 10, 2014 for a proposal to allow a yoga studio on Lyme Street.
9. Zoning Enforcement Report
10. Miscellaneous/Adjournment
Jane Cable, Chairman
NEXT MEETING OF THE ZONING COMMISSION IS
MONDAY, AUGUST 11, 2014,
7:30 P.M., MEETING HALL, 52 LYME STREET, OLD LYME, CT
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