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Zoning Commission Record of Vote 11/09/2015
RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – November 9, 2015, 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, Chair, John Johnson, Vice Chair, J. Marsh, Secretary, Gil Soucie and Stacey Winchell, alternate.    Also present:  Keith Rosenfeld, Land Use Coordinator

PUBLIC HEARING:

1.  Special Permit to demolish the existing building at #149 Boston Post Road and construct a new 7,430 s.f. mixed use building (retail and restaurant on the lower level and professional office on the upper level) with an 18’ x 25’ outdoor dining patio on the property.  The second existing building on site at #151 Boston Post Road will remain unchanged.  A total of 64 parking spaces, new well, septic, stormwater management and other associated improvements are also proposed.   Graybill Properties, LLC, 149-151 Boston Post Road, Applicant.  

A Motion was made by J. Johnson, seconded by J. Marsh to CLOSE the public hearing for Graybill Properties, LLC, 149-151 Boston Post Road Special Permit.  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 passed unanimously.  5-0-0

REGULAR MEETING:

1.  Special Permit to demolish the existing building at #149 Boston Post Road and construct a new 7,430 s.f. mixed use building (retail and restaurant on the lower level and professional office on the upper level) with an 18’ x 25’ outdoor dining patio on the property.  The second existing building on site at #151 Boston Post Road will remain unchanged.  A total of 64 parking spaces, new well, septic, stormwater management and other associated improvements are also proposed.   Graybill Properties, LLC, 149-151 Boston Post Road, Applicant.  

A Motion was made by J. Marsh, seconded by S. Winchell to GRANT with conditions the Special Permit Application as follows:

Whereas, the Zoning Commission has received a Special Permit Application October 15, 2015 signed by Jim Graybill, Graybill Properties, LLC with statement of use, abutter list including maps entitled “Graybill Properties, LLC, 151 Boston Post Road (U.S. Route 1) Old Lyme, Connecticut Revision #2 Dated October 8 2015 Not for Construction. Site plan, Drawing SP-1, Sheet 1 of 6 dated June 18, 2015, revised 9/21/15 General Revisions, revised 10/8/15 General Revisions; Landscaping, Lighting, Grading & Utility Plan, Drawing LLGU-1, Sheet 2 of 6 dated August 4, 2015 revised 10/8/15 General Revisions; Septic System Design Plan, Drawing SSDP, Sheet 3 of 6 dated August 4, 2015; Soil Test Data & Septic Design Criteria, Drawing ST-1,
Sheet 4 of 6 dated August 4, 2015;  Construction Details, Drawing D-1, sheet 5 of 6 dated August 4, 2015, revised 10/8/15 General Revisions and E&S and Construction Detail, Drawing ES-1, sheet 6 of 6 dated August 4, 2015, revised 10/8/15 General Revisions, prepared by Indigo Land Design, LLC.”

Also received, Floor Plans for Restaurant and Office Building Boston Post Road Old Lyme CT 06371 prepared by Joseph Griffith, Architect dated September 20, 2015, Plan A101, First Floor Plan; Plan A102, Second Floor Plan; Plan A103, Basement Plan; Plan A105, Building Elevations and Plan A106, Building Elevations.

Also received, Photometric Plan, drawing PP, sheet 1 of 1 dated October 14, 2015, revised 10/8/15 per General Revisions.

Whereas, the Zoning Commission has held a duly noticed public hearing on November 9, 2015, and the Commission has had an opportunity to hear testimony from the public and from the applicant; and

Whereas, Special Permit to demolish the existing building at #149 Boston Post Road and construct a new 7,430 square foot mixed use building (retail and restaurant on the lower level and professional office on the upper level) with an 18’ x 25’ outdoor dining patio on the property.  The second existing building on site at #151 Boston Post Road will remain unchanged.  A total of 64 parking spaces, new well, septic, storm water management and other associated improvements are permitted by Special Permit under the Old Lyme Zoning Regulations Sections;

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 conditions required to be added to the final plan:

  • A note will be placed upon the plan that states that “No parking of vehicles for repair or vehicles in disrepair will be located at the 149-151 Boston Post Road property.”
  • A note will be placed upon the plan that states that “Representatives of Soil & Environmental Services will monitor the construction of the storm water quality basin, will perform all follow up inspections, assessments and reports and remediation work as required by the Zoning Enforcement Officer.  Inspections and reporting should be performed yearly for three (3) years following the completion of the basin for the review from the Zoning Enforcement Officer (ZEO).
  • Prior to the issuance of a Zoning Compliance Permit, a Soil and Erosion Control bond to be submitted in the amount recommended by Town Engineer on a form approved by the Town Attorney.  
  • Prior to the issuance of a Zoning Compliance Permit, a Construction Bond to cover the cost of the construction of the storm water quality basin as well as yearly monitoring and reporting to be submitted in the amount recommended by Town Engineer on a form approved by the Town Attorney.  
  • Prior to the issuance of a Zoning Compliance Permit, applicant will submit to the ZEO final landscaping and lighting plans for his review and approval.
  • Prior to construction, the applicant will submit to the ZEO documentation that the CT DOT has reviewed the proposed work in the State Right of Way and issued a license for the 8 encroaching spaces.
  • Applicant will provide an alternate plan to show 8 parking spaces located entirely on the Graybill property and minimum landscaping in front of the new building.
  • Prior to the issuance of a Zoning Compliance Permit, the applicant will submit to the Town Sanitarian documentation that the CT Department of Public Health has reviewed and approved the proposed central sewage disposal system and relocation of the water supply well.  
  • Prior to construction, the applicant will submit to the ZEO (if required) a copy of the Registration Form/CT DEEP General Permit for the Discharge of Storm water and Dewatering Wastewaters from Construction.
  • 10.  Prior to the issuance of a Zoning Compliance Permit, the applicant shall supply full construction plans to the Building Official, Sanitarian and Fire Marshal, including a building lighting plan to the ZEO for his approval.
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 to Graybill Properties, LLC, 149-151 Boston Post Road, Old Lyme, CT as shown on the plans submitted.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, G. Soucie, S. Winchell   In Opposition:  None   Abstaining:  J. Johnson  The motion passed.  4-0-1

2.  New Business – Approval of the 2016 Zoning Commission Meeting Dates

A Motion was made by J. Marsh, seconded by S. Winchell to APPROVE the 2016 Zoning Commission Meeting dates as presented.  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 passed unanimously.  5-0-0

A Motion was made by S. Winchell, seconded by J. Marsh to add to the agenda under New Business as “Preliminary Discussion” the Lodi property on Shore 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

3.  Old Business – None
        
4. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting of October 14, 2015

A Motion was made by G. Soucie, seconded by S. Winchell to APPROVE the Minutes of the October 14, 2015 Regular Meeting as submitted.  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.  Correspondence – None

6.  Zoning Enforcement Report – None

7.  Miscellaneous/Adjournment           

A Motion was made by G. Soucie, seconded by J. Johnson to Adjourn the November 9, 2015 Regular Meeting.  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  The meeting adjourned at 9:30 p.m.

        Jane Cable, Chairman    


NEXT MEETING OF THE ZONING COMMISSION IS
MONDAY, DECEMBER 14, 2015,
7:30 P.M., MEETING HALL, 52 LYME STREET, OLD LYME, CT