RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – December 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, Joan Bozek, regular member (arrived at 8:00 p.m.) and Gil Soucie, regular member
Also present: Stacy Winchell, alternate and Keith Rosenfeld, Land Use Coordinator
A Motion was made by J. Marsh, seconded by J. Johnson to move the public hearing for the Petition to Amend the Zoning Regulations to be the first item heard. No discussion and a vote was taken: In favor: J. Cable, J. Johnson, J. Marsh, G. Soucie, S. Winchell In opposition: None Abstaining: None The motion passed unanimously
PUBLIC HEARING:
1. Petition to Amend the Zoning Regulations to add the definition of an Animal Shelter which is not currently defined in Section 3 (Definitions) of the Old Lyme Zoning Regulations, Town of Old Lyme Zoning Commission, Petitioner.
“Animal Shelter. A facility used to house or contain 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.”
A Motion was made by J. Johnson, seconded by J. Marsh to CLOSE the Public Hearing on the Petition to Amend the Zoning Regulations to add the definition of an Animal Shelter. 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
CONTNUED 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. Bozek to CONTINUE the Public Hearing until the January 12, 2015 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, G. Soucie 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. Marsh to CLOSE the Public Hearing 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. Marsh, J. Johnson, J. Bozek, G. Soucie Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
REGULAR MEETING:
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 – Public Hearing Continued to January 12, 2015
A Motion was made by J. Johnson, seconded by J. Marsh to move item number 3 to item number 2 and renumber. No discussion and a vote was taken: In favor: J. Cable, J. Johnson, J. Marsh, J. Bozek, G. Soucie In opposition: None Abstaining: None The motion passed unanimously
2. [3.] Petition to Amend the Zoning Regulations to add the definition of an Animal Shelter which is not currently defined in Section 3 (Definitions) of the Old Lyme Zoning Regulations, Town of Old Lyme Zoning Commission, Petitioner.
A Motion was made by J. Marsh, seconded by J. Johnson to approve the Petition to amend the Zoning Regulations to add the definition of an Animal Shelter as follows:
Whereas, the Zoning Commission has submitted a petition to amend the Zoning Regulations with respect to Section 3 Definitions to add the definition of Animal Shelter; and
Whereas, the Zoning Commission has held a duly noticed public hearing on December 8, 2014, and the commission has had an opportunity to hear testimony from citizens of Old Lyme and others; and
Whereas, the Planning Commission at its Regular Meeting on October 9, 2014 approved a motion in favor of this amendment to the Zoning Regulations; 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 is consistent with the Old Lyme Plan of Conservation and Development; and
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to the proposed modification to the Zoning Regulations to add the definition of an “Animal Shelter” to the Zoning Regulations, 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, S. Winchell Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
3. [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. Marsh, seconded by J. Bozek to Deny the Special Permit Application as follows:
Whereas, the Zoning Commission has received a Special Permit Application for a private swim school dated October 6, 2014 signed by Meghan McCulloch with statement of use, abutter list, photos and letters of support.
Whereas, the Zoning Commission has held a duly noticed public hearing on November 10, 2014 which was continued to December 8, 2014, and the Commission has had an opportunity to hear testimony from the public and from the applicant; and
Whereas, the proposed creation of a private swim school may be permitted by Special Permit under the Old Lyme Zoning Regulations Sections 5.33, 13B.4.3 and 13B.4.11, the Commission finds that the applicant has NOT provided sufficient evidence to demonstrate compliance with the technical provisions Section 13A of the Regulations. Nor is there compliance with Section 4.15 or Section 18.3.8 of the Old Lyme Zoning Regulations. Also this proposal is not suitable for a residential neighborhood.
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 NOT 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 denies the application for a Special Permit Application for a private swim school at 24-1 Hillside Road, Old Lyme, CT as shown on the application submitted by Meghan McCulloch. 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
4. Special Permit Application to permit a Connecticut Water Company Well Station to be located at 216 Mile Creek Road, Connecticut Water Company, applicant.
A Motion was made by J. Johnson, seconded by G. Soucie to receive the Special Permit Application to permit a Connecticut Water Company Well Station to be located at 216 Mile Creek Road, Connecticut Water Company, applicant and set a Public Hearing for Monday, January 12, 2015. 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
5. New Business – Informal discussion regarding South Lyme Station, 389 Shore Road, South Lyme Scoop Shop, LLC site plan and parking areas.
6. Old Business
7. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting of November 10, 2014 – tabled to next month
8. Correspondence
9. Zoning Enforcement Report
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, G. Soucie, J. Bozek 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, JANUARY 12, 2015,
7:30 P.M., MEETING HALL, 52 LYME STREET, OLD LYME, CT
| 
