RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
WEDNESDAY – OCTOBER 15, 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 , Gil Soucie, alternate and Stacy Winchell, alternate
Also present: Keith Rosenfeld, Land Use Coordinator
Absent: Joan Bozek, regular member and Tom Risom, regular member
CONTNUED 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. Johnson, seconded by G. Soucie to CONTINUE the Public Hearing to the November 10, 2014 for 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. 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
2. 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 J. Marsh 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. Cable, J. Johnson, J. Marsh, G. Soucie Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
PUBLIC HEARINGS:
1. 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. Marsh, seconded by J. Johnson to CLOSE the Public Hearing on 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. No discussion and a vote was taken. In favor: J. Cable, J. Johnson, J. Marsh, G. Soucie, S. Winchell Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
2. 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 G. Soucie to CLOSE the Public Hearing on the Special Permit Application to permit the addition of 18 interior seats around six Bistro tables and two additional tables outside with four seats on property located at South Lyme Station, 389 Shore Road. No discussion and a vote was taken. In favor: J. Cable, J. Johnson, G. Soucie, S. Winchell Opposed: J. Marsh Abstaining: None The motion passed. 4-1-0
REGULAR MEETING:
A Motion was made by J. Johnson, seconded by G. Soucie to amend the agenda to move item number 8 to item 1 and renumber accordingly. No discussion and a vote was taken. In favor: J. Cable, J. Johnson, J. Marsh, G. Soucie, S. Winchell Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
1. [8.] Old Business - George James to discuss Rogers Lake Watershed - consideration of a special watershed zone to reduce nutrient runoff, which was brought up at the April 14, 2014 Zoning Commission Meeting per letter from the Old Lyme Conservation Commission dated March 22, 2014 – No action taken
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 November 10, 2014
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. Marsh, seconded by J. Johnson to Approve the Special Permit Application as follows:
Whereas, the Zoning Commission has received a Special Permit Application dated August 7, 2014 with the following attachments: statement of use, abutter list, photos of area and copy of flood map.
“Property Survey” Map Depicting property of Joseph A. Sullo 9 Sea Lane Old Lyme Connecticut Scale 1” = 10’ dated September 15, 2010 (no official seal), sheet 1 of 1; Proposed Revisions to shed prepared by j.w.Flower architect dated June 25, 2014, Site A, revised October 2, 2014 to remove all fixtures; Proposed Revisions to shed prepared by j.w.Flower architect dated June 25, 2014, Shed A1 which shows elevations, revised October 2, 2014 to remove all fixtures and Proposed Revisions to shed prepared by j.w.Flower architect dated June 25, 2014, Shed A2 showing building section.
Whereas, the Zoning Commission has held a duly noticed public hearing on September 8, 2014 which was continued to October 15, 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. New Storage only building shall not contain a bathroom or have plumbing as shown on submitted plans. Its removal will be confirmed upon the issuance of a subsequent zoning compliance application.
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 reconstruct a Shed as per plans at 9 Sea Lane, Old Lyme, CT, with the conditions specified. 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
4. 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. Marsh, seconded by J. Johnson to Approve the Special Permit Application as follows:
Whereas, the Zoning Commission has received a Special Permit Application dated August 25, 2014 by applicant PHI Construction with statement of use, abutter list and hydraflow/drainage report. Also Proposed Plans prepared by Blue Moon Design Architectural Design, LLC for 25 Mass. Road Old Lyme, CT dated 8-26-14, Sheet A-1 Foundation and first floor and Existing Conditions and Removals Assessors Lot 41 Land Owned by Joseph M. Minkos 25 Massachusetts Road Point O’Woods Old Lyme, Connecticut Scale 1”-20 January 27, 2014, revised August 20, 2014 prepared by Joseph M. Green P.E., Sheet 1 of 2 and Layout, Site Grading and Soil & Erosion Control Plan Assessors Lot 41 Land Owned by Joseph M. Minkos 25 Massachusetts Road Point O’Woods Old Lyme, Connecticut Scale 1”-20 January 27, 2014,
revised August 20, 2014 prepared by Joseph M. Green P.E., Sheet 2 of 2;
Whereas, the Zoning Commission has held a duly noticed public hearing on October 15, 2014, and the Commission has had an opportunity to hear testimony from the public and from the applicant; and
Whereas, the proposed modifications (addition of a 4’ x 4’ outdoor shower and to square off storage shed on the right side of house to be even with the front of the house) to the Special Permit Application granted on February 20, 2014 for renovations and a garage are allowed by Special Permit under section 9.1.3.2 of the Old Lyme Zoning Regulations, and the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions of this section:
- There is no new nonconformity, nor increase in any existing nonconformity, with respect to setback, coverage, and other Bulk requirements;
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 provided sufficient evidence to demonstrate compliance with the technical provisions of Section 13A and Section 13B of the Regulations with the following modifications required to be added to the final plan:
1. An as-built survey of the site as modified including shower, prepared by a licensed land surveyor must be submitted to the Town to verify compliance with approved plans.
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 additions proposed as shown on the submitted plans for 25 Mass. Road Old Lyme, CT with the conditions specified. No discussion and a vote was taken. In favor: J. Cable, J. Johnson, J. Marsh, G. Soucie, S. Winchell Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
5. 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 G. Soucie to Approve the Special Permit Application as follows:
Whereas, the Zoning Commission has received a Special Permit Application dated September 4, 2014 signed by Kristen Sicuranza, Principal Member of LLC with statement of use, abutter list, photos and table of required parking area. Also Preliminary Plan, Property Line Survey prepared for South Lyme Station LLC et al 389 Shore Road Old Lyme, Connecticut, Sheet 1 of 1 dated July 10, 2014, scale 1inch = 20 ft., revised 8/6/14 contours added, revised 10/1/14 existing septic added; Proposed floor plan for “Scoops Ice Cream Shop’ dated September 3, 2014 drawn by j.w.Flower Titled Building Floor Plan, Sheet A1; Proposed floor plan for “Scoops Ice Cream Shop’ dated September 3, 2014 drawn by j.w.Flower Titled Scoops Floor Plan, Sheet A2.
Whereas, the Zoning Commission has held a duly noticed public hearing on October 15, 2014, and the Commission has had an opportunity to hear testimony from the public and from the applicant; and
Whereas, the proposed addition of 18 interior seats around 6 Bistro tables and 2 additional tables outside with 4 seats are permitted by Special Permit under the Old Lyme Zoning Regulations Sections 3.155, 5.10, 5.10.3, 11.12.1, 11.12.4, 11.12.5 and 13B.3.4;
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 provided sufficient evidence to demonstrate compliance with the technical provisions of Section 13A and Section 13B of the Regulations.
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 South Lyme Scoop Shop, LLC 389 Shore Road Old Lyme, CT as shown on the plans submitted. No discussion and a vote was taken. In favor: J. Cable, J. Johnson, G. Soucie, S. Winchell Opposed: J. Marsh Abstaining: None The motion passed. 4-1-0
6. Special Permit Application to extend the range of services and develop an Institute dedicated to wellness life style education in an existing building, in accordance with Section 13B of the Old Lyme Zoning Regulations, on property located at 10 Lyme Street, Lindsay Eisensmith, Vitality Spa & Wellness, applicant, Warren Hannas, property owner.
A Motion was made by J. Johnson, seconded by J. Marsh to receive the Special Permit Application to extend the range of services and develop an Institute dedicated to wellness life style education in an existing building on property located at 10 Lyme Street and set a Public Hearing for Monday, November 10, 2014. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, G. Soucie, S. Winchell Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
7. Petition to Amend the Zoning Regulations to add the definition of “Animal Shelter” to Section 3 of the Old Lyme Zoning Regulations and under Section 5.12.3 Special Permit Uses, Per Section 13B of the Old Lyme Zoning Regulations add “Animal Shelter operated by a Non-Profit Corporation or the Town of Old Lyme located outside the Conservation Zone”, delete “A dog pound operating by the Town of Old Lyme Located outside the Conservation Zone;” and add “Animal Shelters located the Conservation Zone”. Town of Old Lyme Zoning Commission, Petitioner.
A Motion was made by J. Johnson, seconded by G. Soucie to receive the Petition to Amend the Zoning Regulations regarding Animal Shelters and set a Public Hearing for Monday, December 8, 2014. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, G. Soucie, S. Winchell Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
8. Special Permit Application to conduct a seasonal swim school, in accordance with Section 5.3.3 and 13B of the Old Lyme Zoning Regulations, on property located at 24-1 Hillside Road, Meghan McCulloch, applicant/property owner.
A Motion was made by J. Johnson, seconded by G. Soucie to receive the Special Permit Application to conduct a seasonal swim school on property located at 24-1 Hillside Road and set a Public Hearing for Monday, November 10, 2014. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, G. Soucie, S. Winchell Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
9. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting of September 8, 2014 – deferred to next month
10. Correspondence
11. Zoning Enforcement Report
12. Miscellaneous/Adjournment
A Motion to adjourn was made by J. Johnson, seconded by G. Soucie. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, G. Soucie, S. Winchell In opposition: None Abstaining: None The Motion carried 5-0-0 The meeting adjourned at 9:21 p.m.
Jane Cable, Chairman
NEXT MEETING OF THE ZONING COMMISSION IS
MONDAY, NOVEMBER 10, 2014,
7:30 P.M., MEETING HALL, 52 LYME STREET, OLD LYME, CT
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