RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
MONDAY – AUGUST 11, 2014, 7:30 P.M.
Meeting Hall at Memorial Town Hall
52 Lyme Street, Old Lyme, CT
1. Convene Meeting; announcement of voting members. J. Cable, Chairman, J. Johnson, Vice Chairman, J. Marsh, Secretary, T. Risom, regular member and J. Bozek, regular member
Present: G. Soucie, alternate
CONTINUED PUBLIC HEARING:
1. 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. Johnson, seconded by G. Soucie to CLOSE the Public Hearing 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 at 75 Hillcrest Road. No discussion and a vote was taken. In favor: J. Cable, J. Johnson, J. Marsh, G. Soucie Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
REGULAR MEETING:
1. 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. Johnson, seconded by G. Soucie to GRANT the Special Permit Application and Municipal Coastal Site Plan Review Application as follows:
Whereas, the Zoning Commission has received an application for Special Permit approval which includes: Special Permit Application and Municipal Coastal Site Plan Review Application dated May 21, 2014, applicants Thomas & Maria Prignano with statement of use, abutter list, location maps and quit-claim deed. Property/Boundary Survey showing proposed new house 75 Hill Crest Road Old Lyme, Connecticut prepared for Thomas & Maria Prignano dated December 20, 2013 sheet 1 of 1 prepared by J Dempsey Associates LLC, New London, CT and proposed renderings of proposed residence for Thomas & Maria Prignano 75 Hill Crest Road Old Lyme, CT 06371 dated 4/29/14 prepared by Brom Builders, Inc., Norwich, Drawing numbers A-1, A-2, A-3, A-4
and A-5.
Whereas, the Zoning Commission has held a duly noticed public hearing on July 14, 2014 which was continued to August 11, 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 (to demolish existing seasonal cottage and construct new year-round dwelling served by public water and city sewer) is allowed by Special Permit under the Old Lyme Zoning Regulations Sections 9.1.3, 9.1.3.2 and 9.07, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 13A and B of the Regulations with the following modification required to be added to the final plan:
1. The stairs on the south side of the building to be eliminated from the side yard setback.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13A and B, in particular that the proposed use, buildings and or 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 floatable debris therein; 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. the goals of the Connecticut Coastal Management Act, despite the exemption from such Act for Single Family Dwellings; and specifically including a consideration of the protection of the coastal resources on or adjacent to the site; and impacts to such coastal resources shall be found to be acceptable for the proposed application. Such review shall also include a recognition that many areas of the R-10 District are within coastal flood hazard areas and that the potential danger to life and property shall be reduced or minimized by the proposed application.
[Amended Effective 4-1-09]
g. privacy, light, and air for the subject Lot and Abutting Lots;
h. 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 Zoning Commission has received comments from the Office of Long Island Sound Programs of the Department of Energy and Environmental Protection, after submitting the application materials to them for review, and the Commission determines that the application and plans, as they will be revised, 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 to Thomas & Maria Prignano, for a Special Permit/Coastal Site Plan for property at 75 Hillcrest Road, Old Lyme, Ct, with the modification specified above. No further discussion and a vote was taken. In favor: J. Cable, J. Johnson, J. Marsh, G. Soucie Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
2. Special Permit Application to permit a yoga studio in an existing building, in accordance with Section 13B of the Old Lyme Zoning Regulations, on property located at 23 Lyme Street, Mimi Brainard, applicant, Jeff Cooley property owner.
A Motion was made by J. Johnson, seconded by T. Risom to receive the Special Permit Application to permit a yoga studio in an existing building on property located at 23 Lyme Street and set a Public Hearing for Monday, September 8, 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
3. Special Permit Application to permit reconstruction of existing storage shed in a conforming location which will be raised to a floor level that will negate flooding except in major hurricane events and the structure will conform to all setback and height requirements, in accordance with Sections 9.1.3.2, 9.3, 9.3.1, 9.3.2 and 9.3.3 of the Old Lyme Zoning Regulations, on property located at 9 Sea Lane, Joseph Sullo, applicant.
A Motion was made by J. Johnson, seconded by T. Risom to receive the Special Permit Application to permit reconstruction of existing storage shed in a conforming location which will be raised to a floor level that will negate flooding on property located at 9 Sea Lane and set a Public Hearing for Monday, September 8, 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
4. 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 for Wetlands Approval
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 – Public Hearing scheduled for September 8, 2014
A Motion to move item regarding definition of shelters from under correspondence to item number 6 and renumber by J. Johnson, seconded by J. Bozek. 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
6. Discussion with respect to a further amending the zoning regulations to include a definition for an animal shelter per letter dated August 4, 2014 from Branse & Willis.
There was discussion on how to proceed, but no motion was made. Mr. Rosenfeld will contact the petitioner, Ms. McAraw on which way to proceed.
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 July 14, 2014
A Motion was made by J. Bozek, seconded by J. Johnson to APPROVE the Minutes of the Public Hearing and Regular Meeting of July 14, 2014 with the following correction to the Public Hearing minutes page 3, second paragraph to delete “and a variance for a setback” [it was stated that a Special Permit was needed and variance for the “landing and stairs”]. 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
9. Correspondence –
– Correspondence received from Wilcox Tree Experts, LLC, Jason Wilcox owner, outlining his business and suitability for the site located at 224 Shore Road.
– Zoning Enforcement Report – Discussion with respect to District 18 Regional High School and outstanding punch list items.
– Discussion with respect to Lyme Academy college of Fine Arts, Inc. “Southwick Commons” and outstanding punch list items.
10. Miscellaneous/Adjournment
A Motion to adjourn was made by J. Johnson, seconded by J. Bozek. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, J. Bozek, T. Risom In opposition: None Abstaining: None The Motion carried 5-0-0 The meeting adjourned at 9:10 p.m.
Jane Cable, Chairman
NEXT MEETING OF THE ZONING COMMISSION IS
MONDAY, SEPTEMBER 8, 2014,
7:30 P.M., MEETING HALL, 52 LYME STREET, OLD LYME, CT
| 
