RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – November 10, 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, Joan Bozek, regular member (arrived at 7:35 p.m.) and Tom Risom, regular member
Also present: Gil Soucie, alternate, Stacy Winchell, alternate and Keith Rosenfeld, Land Use Coordinator
CONTNUED PUBLIC HEARING:
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. – No discussion
A Motion was made by J. Marsh, seconded by J. Johnson to CLOSE the Public Hearing on the Petition to Amend the Zoning Regulations to allow an animal shelter in the LI- District. 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
PUBLIC HEARINGS:
1. 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 CONTINUE the Public Hearing until the December 8, 2014 Regular Meeting on 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 . No discussion and a vote was taken. In favor: J. Cable, J. Johnson, J. Marsh, J. Bozek, T. Risom Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
2. 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 J. Bozek to CONTINUE the Public Hearing until the December 8, 2014 Regular Meeting on the Special Permit Application to conduct a seasonal swim school on property located at 24-1 Hillside Road. No discussion and a vote was taken. In favor: J. Cable, J. Johnson, J. Marsh, J. Bozek, T. Risom Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
REGULAR MEETING:
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 G. Soucie, seconded by J. Johnson to Approve the Special Permit Application as follows:
Whereas, Pet Connections, Inc. has submitted a petition to amend the Zoning Regulations with respect to Section 5.12.3 Light Industry LI-80 District (LI), Special Permit Uses, Per Section 13B, to include “Animal Shelter operated by a Non-Profit Corporation or the Town of Old Lyme located outside the Conservation Zone.”; and
Whereas, the Zoning Commission has held a duly noticed public hearing on September 8, 2014 which was continued to October 15, 2014 further continued to November 10, 2014 and the commission has had an opportunity to hear testimony from citizens of Old Lyme and others; and
Whereas, the Planning Commission at a Special Meeting on August 7, 2014 approved a motion in favor of this amendment to the Zoning Regulations, and the Commission has considered these comments; and
Whereas, the Commission finds that there is sufficient evidence to demonstrate that the proposed changes to the text are appropriate; and
Whereas, the Commission finds that the proposed regulation changes will permit the Commission
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;
Whereas, the Old Lyme Zoning Commission finds that the proposal as amended is consistent with the Old Lyme Plan of Conservation and Development and is appropriate because:
- the concept is in keeping with the light industrial use since the Town’s Dog Pound is adjacent to the site; and
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval of the proposed modification to the Zoning Regulations to modify Section 5.12.3 Special Permit Uses, Per Section 13B to include “Animal Shelter operated by a Non-Profit Corporation or the Town of Old Lyme located outside the Conservation Zone”, with the effective date of January 1, 2015. 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 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 – Public Hearing continued to December 8, 2014
3. 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 – Public Hearing continued to December 8, 2014
4. 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 operated 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. Public Hearing Scheduled for December 8, 2014
5. New Business – 2015 Zoning Commission Meeting Schedule
A Motion was made by J. Bozek, seconded by J. Johnson to APPROVE the 2015 Zoning Commission Meeting Schedule with the following change: there will not be an August meeting noted on the schedule. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, J. Bozek, T. Risom Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
6. Old Business – None
7. Approval of Minutes –
A Motion was made by J. Johnson, seconded by T. Risom to APPROVE the Minutes of the Public Hearing and Regular Meeting of September 8, 2014, as submitted. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, J. Bozek, T. Risom Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
A Motion was made by J. Johnson, seconded by T. Risom to APPROVE the Minutes of the Public Hearing and Regular Meeting of October 15, 2014, as submitted. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, J. Bozek, T. Risom Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
8. Correspondence – Discussion with respect to letter from Attorney Royston dated November 5, 2014
A Motion was made by J. Bozek, seconded by J. Marsh to not Petition for Certification to Appeal with respect to Nixon/Lage v. Old Lyme Zoning Board of Appeals and Zoning Enforcement Officer. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, J. Bozek Opposed: T. Risom Abstaining: None The motion passed. 4-1-0
9. Zoning Enforcement Report
10. Miscellaneous/Adjournment
A Motion to adjourn the November 10, 2014 Regular Meeting 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 10:30 p.m.
Jane Cable, Chairman
NEXT MEETING OF THE ZONING COMMISSION IS
MONDAY, DECEMBER 8, 2014,
7:30 P.M., MEETING HALL, 52 LYME STREET, OLD LYME, CT
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