RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
MONDAY – SEPTEMBER 8, 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 7:40 p.m.), J. Bozek, regular member and Gil Soucie, alternate
Also present: Keith Rosenfeld, Land Use Coordinator
Absent: T. Risom, regular member and Ted Kiritsis, alternate
CONTNUED PUBLIC HEARING:
1. 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. Johnson, seconded by G. Soucie to CLOSE the Public Hearing 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. Bozek, G. Soucie Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
PUBLIC HEARINGS:
1. 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. Bozek, seconded by J. Johnson to CONTINUE the Public Hearing until the (Wednesday) October 15, 2014 Regular Meeting on 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). No discussion and a vote was taken. In favor: J. Cable, J. Johnson, J. Marsh, G. Soucie, J. Bozek Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
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 J. Marsh to CLOSE the Public Hearing on the Special Permit Application to permit a yoga studio in an existing building on property located at 23 Lyme Street. No discussion and a vote was taken. In favor: J. Cable, J. Johnson, J. Marsh, J. Bozek, G. Soucie 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 G. Soucie to CLOSE the Public Hearing on 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 except in major hurricane events and the structure will conform to all setback and height requirements on property located at 9 Sea Lane. No discussion and a vote was taken. In favor: J. Johnson, G. Soucie Opposed: J. Cable, J. Marsh, J. Bozek Abstaining: None The motion failed to pass. 2-3-0 The Public Hearing is continued to the October 15, 2014 Regular Meeting (Wednesday).
REGULAR MEETING:
1. 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. Bozek, seconded by J. Marsh to Approve the Special Permit Application as follows:
Whereas, the Zoning Commission has received a Special Permit Application dated April 30, 2014 by Tom Metcalf for Town of Old Lyme with statement of use, abutter list, location map, information regarding type of structure, pictures and exterior light information. Subdivision of Land of Leon Machnik Old Lyme, Conn dated 10/5/78, revised 10/27/78 Lots 1 & 2 added to R.O.W. over Lot 4; revised 11/18/87 Dimensions & Areas revised, Mons. set added Prepared by Radcliffe Engineering PC, Centerbrook, Conn., Sheet 1 of 2 (no sheet 2); Overall Site Plan Town of Old Lyme Pubic Works Facility 3 Machnik Drive Old Lyme, Connecticut dated April 2014 prepared by Thomas E. Metcalf, P.E., L.S., Deep River, Connecticut and Site Plan Town of Old Lyme Pubic Works Facility 3 Machnik Drive Old Lyme, Connecticut dated April 2014
prepared by Thomas E. Metcalf, P.E., L.S., Deep River, Connecticut, Sheets 1 and 2.
Whereas, the Zoning Commission has held a duly noticed public hearing on July 14, 2014, continued to August 17, 2014 and September 8, 2014 and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and from the applicant; and
Whereas, the proposed activity is permitted by Special Permit under the Old Lyme Zoning Regulations Section 5.12.3 The Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13A and 13B of the Regulations with the following conditions and/or modifications required to be added to the final plan:
1. Salt storage shed shall be inspected for leaks on a regular basis including October
1st and April 1st. by the Department of Public Works.
2. Salt shall be inspected regularly for lumping or water contamination by the
Department of Public Works.
3. Surface areas shall be inspected on a regular basis for evidence of runoff – salt
stains in ground near and around the salt storage shed, loading area, or downslope
by the Department of Public Works.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of the Zoning Regulations, 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; and
d. to protect nearby residential and preservation areas.
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 a Special Permit to construct a Salt Storage Facility as per plans at 3 Machnik Lane, Old Lyme, CT, with the conditions specified. No discussion and a vote was taken. In favor: J. Johnson, G. Soucie Opposed: J. Cable, J. Marsh, J. Bozek Abstaining: None The motion passed unanimously. 5-0-0
2. 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 continued to Wednesday, October 15, 2014 Regular Meeting
3. 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. Marsh, seconded by J. Bozek to Approve the Special Permit Application as follows:
Whereas, the Zoning Commission has received a Special Permit Application dated July 24, 2014 by property owner, July 1, 2014 by applicant with statement of use, abutter list, photo of the area and GIS layout;
Whereas, the Zoning Commission has held a duly noticed public hearing on September 8, 2014, and the Commission has had an opportunity to hear testimony from the public and from the applicant; and
Whereas, the proposed yoga studio is allowed by Special Permit under Section 5.3.3 (Private School, profit or non-profit) of the Old Lyme Zoning Regulations, and the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions in Section 13B of the Regulations with the following conditions required to be added:
- The studio will need to meet current the current fire code;
- Hours of operation are 8:00 a.m. to 7:00 p.m. – no more than four classes per day; and
- No more than 10 people per class; 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. 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 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 for a Special Permit Application for the proposed yoga studio located at 23 Lyme Street, Old Lyme, CT with the noted conditions. No discussion and a vote was taken. In favor: J. Johnson, G. Soucie Opposed: J. Cable, J. Marsh, J. Bozek Abstaining: None The motion passed unanimously. 5-0-0
4. 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 applicant – Public Hearing continued to Wednesday, October 15, 2014 Regular Meeting
5. Special Permit Application to permit the addition of a 4’ x 4’ outdoor shower and to square off the storage shed on the right side of house to be even with the front, in accordance with Section 9.1.3.2 of the Old Lyme Zoning Regulations, on property located at 25 Massachusetts Road, Joe Minkos, property owner; PHI Construction, applicant.
A Motion was made by J. Johnson, seconded by J. Bozek to receive the Special Permit Application to permit the addition of a 4’ x 4’ outdoor shower and to square off the storage shed on the right side of house to be even with the front on property located at 25 Massachusetts Road and set a Public Hearing for Wednesday, October 15, 2014. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, J. Bozek, G. Soucie Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
6. Special Permit Application to permit the addition of 18 interior seats around six Bistro tables and two additional tables outside with four seats, there will be no construction or physical change to building, in accordance with Sections 3.155, 5.10.3, 11.12 and 13B of the Old Lyme Zoning Regulations, on property located at South Lyme Station, 389 Shore Road, South Lyme Scoop Shop, LLC, applicant.
A Motion was made by J. Johnson, seconded by J. Bozek to receive the Special Permit Application to permit the addition of 18 interior seats around six Bistro tables and two additional tables outside with four seats, there will be no construction or physical change to building on property located at South Lyme Station, 389 Shore Road, South Lyme Scoop Shop, LLC and set a Public Hearing for Wednesday, October 15, 2014. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, J. Bozek, G. Soucie Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
7. Discussion with respect to a modification of a Special Permit which was approved on August 11, 2014 with a condition that the stairs on the south side of the building be eliminated from the side yard setback on property located at 75 Hillcrest Road, Thomas & Maria Prignano, applicants.
A Motion was made by G. Soucie, seconded by J. Johnson to modify the Special Permit Application that was approved on August 11, 2014 with the condition that the stairs on the south side of the building be eliminated from the side yard setback on property located at 75 Hillcrest Road. The modification is to eliminate that condition. The stairs noted on the plan can extend into the setback. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, J. Bozek, G. Soucie Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
7a. J. Cable added item 7a for discussion regarding the definition for Animal Shelters. Removal of wording from Attorney’s letter. The Motion was made by J. Bozek, seconded by J. Marsh. No discussion and item 7a was added. A vote was taken; In favor: J. Cable, J. Marsh, J. Johnson, J. Bozek, G. Soucie Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
A Motion was made by J. Bozek, seconded by J. Johnson for the Zoning Commission to submit a petition to add the following definition to Section 3 of the Old Lyme Zoning Regulations: “Animal Shelter. A facility used to house or containe stray, homeless, abandoned, or unwanted domestic animals and that is owned operated, or maintained by a public body, established humane society, animal welfare society, or other nonprofit organization devoted to the welfare, protection, humane treatment and adoption of animals.” No further discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, J. Bozek, G. Soucie Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
8. Release of Bond Request dated November 19, 2013 from Henry Resnikoff, a member of Lyme Academy Apartments, LLC – No action taken at this time
9. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting of August 11, 2014
A Motion was made by J. Johnson, seconded by J. Bozek to APPROVE the Minutes of the Public Hearing and Regular Meeting of August 11, 2014, as submitted. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, J. Bozek, G. Soucie Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
10. Correspondence – None
11. Zoning Enforcement Report – None
12. 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, G. Soucie In opposition: None Abstaining: None The Motion carried 5-0-0 The meeting adjourned at 10:10 p.m.
Jane Cable, Chairman
NEXT MEETING OF THE ZONING COMMISSION IS
WEDNESDAY, OCTOBER 15, 2014,
7:30 P.M., MEETING HALL, 52 LYME STREET, OLD LYME, CT
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