RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – May 11, 2015, 7:30 P.M.
Meeting Hall at Memorial Town Hall
52 Lyme Street, Old Lyme, CT
1. Convene Meeting; announcement of voting members. Members present: J. Cable, J. Marsh, S. Winchell, G. Soucie
Present: Keith Rosenfeld, Land Use Coordinator
Absent: J. Johnson and J. Bozek
CONTINUED PUBLIC HEARING:
1. Special Permit Application to permit a vertical expansion of the existing structure by adding two shed dormers and expanding the existing second floor bedrooms to the northwest above the existing first floor foot print with no additional bedrooms being added to the second floor on property located at 24 West End Drive in accordance with Section 9.1.3.1 of the Old Lyme Zoning Regulations, Samuel H. Havens, owner/applicant.
A Motion was made by J. Marsh, seconded by S. Winchell to CLOSE the public hearing on the Special Permit Application to permit a vertical expansion of the existing structure by adding two shed dormers and expanding the existing second floor bedrooms to the northwest above the existing first floor foot print with no additional bedrooms being added to the second floor on property located at 24 West End Drive. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, G. Soucie, S. Winchell Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
PUBLIC HEARING:
1. Special Permit Application for a grocery beer permit on property located at 389 Shore Road, South Lyme Station, LLC, applicant.
A Motion was made by J. Marsh, seconded by S. Winchell to CONTINUE the public hearing to the June 8, 2015 Regular Meeting in the Meeting Hall on the Special Permit Application for a grocery beer permit on property located at 389 Shore Road, South Lyme Station, LLC, applicant. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, G. Soucie, S. Winchell Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
REGULAR MEETING:
1. Special Permit Application to permit a vertical expansion of the existing structure by adding two shed dormers and expanding the existing second floor bedrooms to the northwest above the existing first floor foot print with no additional bedrooms being added to the second floor on property located at 24 West End Drive in accordance with Section 9.1.3.1 of the Old Lyme Zoning Regulations, Samuel H. Havens, owner/applicant.
A Motion was made by G. Soucie, seconded by S. Winchell to GRANT the Special Permit Application as follows:
Whereas, the Zoning Commission has received a Special Permit Application for 24 West End Drive, Samuel H. Havens, applicant/owner dated October 29, 2014 w/abutter list, Authorization for Attorney Heller to represent Mr. Havens, Statement of Use, letter dated February 25, 2015 from Heller, Heller & McCoy with the Special Permit and attachments including copies of abutting septic systems and deed to property. Exhibit A “1”: “Property Survey” Map Depicting Property of Samuel H Havens 24 West End Drive Old Lyme, Connecticut dated October 23, 2013, Scale 1 inch = 10ft. revised 2/5/14 existing deck revised & adj. builds added; revised 2/6/14 approx SS locations
added” and Exhibit A “2”: “Construction Drawings: additions and alterations to one family residential dwelling located at: 24 West End Drive Hawks Nest Beach Old Lyme, CT 06371 design date 07-28-13, page A1.1, prepared by W. W. Craven & Sons, Inc. (floor plans and interior elevations); “Construction Drawings: additions and alterations to one family residential dwelling located at: 24 West End Drive Hawks Nest Beach Old Lyme, CT 06371 design date 07-28-13, page A2.0, prepared by W. W. Craven & Sons, Inc. (proposed east and west elevations); “Construction Drawings: additions and alterations to one family residential dwelling located at: 24 West End Drive Hawks Nest Beach Old Lyme, CT 06371 design date 07-28-13, page A3.1, prepared by W. W. Craven & Sons, Inc. (cross section/roof framing plan) and “Construction Drawings: additions and alterations to one family residential dwelling located at: 24 West End Drive Hawks Nest Beach Old Lyme, CT 06371 design date
07-28-13, page C1.2, prepared by W. W. Craven & Sons, Inc. (existing west elevation/site plan).
Whereas, the Zoning Commission has held a duly noticed public hearing on April 13, 2015 which was continued to May 11, 2015, 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 (expansion of Existing Building or Structure on Nonconforming Lot) is permitted by Special Permit under the Old Lyme Zoning Regulations section 9.1.3. The Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13B and Section 9.1.3 of the Regulations with the following conditions and/or modifications required to be added to the final plan:
1. An As-built survey showing that it conforms to applicants plans
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;
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 to construct a new dwelling per plans submitted at 24 West End Drive, Old Lyme, CT. No discussion and a vote was taken. In favor: J. Cable, G. Soucie, S. Winchell Opposed: J. Marsh, Abstaining: None The motion passed. 3-1-0
2. Municipal Coastal Site Plan Review Application for demolition and construction of a new single family dwelling on property located at 10 Joffre Road West.
A Motion was made by J. Marsh, seconded by G. Soucie to grant Approval of the Municipal Coastal Site Plan Review Application as follows:
Whereas, the Zoning Commission has received a Municipal Coastal Site Plan Review Application for 10 Joffre Road West dated March 30, 2015, Elevation Certificate dated April 1, 2015 with proposed North and East view and a “Coastal Site Plan” entitled “Property Survey” Map depicting property of Kathleen T. McKeough #10 West Joffre Road Old Lyme, Connecticut dated August 20, 2014 Sheet 1 of 1 revised 10-20-14 Tidal Wetland Line added, 10-28-14 Site Data Table added and 3-30-15 CAM data added site data table revised.
Whereas, the Zoning Commission has held a duly noticed public meeting on May 11, 2015 and the Commission has had an opportunity to hear testimony both from citizens of Old Lyme and the applicant; and
Whereas, the proposed use is permitted under the Old Lyme Zoning Regulations with the approval of a Coastal Site Plan, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions in Section 4.2.5 and Section 13A of the Regulations.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13A.3.1, 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
Whereas, although the Zoning Commission has received comments from the Office of Long Island Sound Programs of the Department of Environmental Protection, after submitting the application materials to them for review, the Commission determines that the application as presented is consistent with the goals and policies of the Coastal Management Act;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval of the application for Municipal Coastal Site Plan Review plan entitled - “Coastal Site Plan” entitled “Property Survey” Map depicting property of Kathleen T. McKeough #10 West Joffre Road Old Lyme, Connecticut dated August 20, 2014 Sheet 1 of 1 revised 10-20-14 Tidal Wetland Line added, 10-28-14 Site Data Table added and 3-30-15 CAM data added site data table revised. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, G. Soucie, S. Winchell Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
3. Special Permit Application for a grocery beer permit on property located at 389 Shore Road, South Lyme Station, LLC, applicant – Public Hearing continued to June 8, 2015
4. Special Permit Application for Fire Wharf Reconstruction on the western terminus of Academy Lane in connection with Section 5.4.3 of the Old Lyme Zoning Regulations, Town of Old Lyme, applicant.
A Motion was made by J. Marsh, seconded by G. Soucie to receive the Special Permit Application for Fire Wharf Reconstruction on the western terminus of Academy Lane, Town of Old Lyme, applicant and set a Public Hearing for Monday, June 8, 2015 at 7:30 p.m. in the Meeting Hall. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, G. Soucie, S. Winchell Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
5. New Business
6. Old Business – Discussion with respect to the definition of “school” as an amendment to
the Zoning Regulations – TABLED
7. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting of March 9, 2015
A Motion was made by G. Soucie, seconded by S. Winchell to Approve the Minutes of the Public Hearing and Regular Meeting of March 9, 2015 with the following insertion on page 8 of the Regular Meeting Minutes under Correspondence: that “Tom Schellens talked about the Town right-of-way width and parking at the Village Shoppes”. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, G. Soucie, S. Winchell Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
Minutes of the Public Hearing and Regular Meeting of April 13, 2015 – TABLED
8. Correspondence
9. Zoning Enforcement Report
10. Miscellaneous/Adjournment
A Motion was made by G. Soucie, seconded by S. Winchell to adjourn the May 11, 2015 Regular Meeting. The meeting adjourned at 9:20 p.m.
Jane Cable, Chairman
NEXT MEETING OF THE ZONING COMMISSION IS MONDAY, JUNE 8, 2015,
7:30 P.M., MEETING HALL, 52 LYME STREET, OLD LYME, CT
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