APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, January 14, 2008
The Old Lyme Zoning Commission held a Public Hearing on Monday, January 14, 2008 at 7:30 p.m. at the Church of Christ the King Parish Center. Members present were Tom Risom (Chairman), Jane Cable (Vice Chairman), Jane Marsh (Secretary), Patrick Looney, Steve Ames (Alternate), Ted Kiritsis (Alternate), and Howard Tooker (Alternate). Also present was Mark Branse, Commission Counsel.
1. Convene Meeting; announcement of voting alternates.
Vice Chairman Cable called the Regular Meeting to order at 7:35 p.m. She explained that the meeting location was changed from the Library because the library was closed due to snow. She noted that applicants were called and the location change was posted at the library. She immediately recessed the Regular Meeting to conduct the Public Hearing. The Regular Meeting reconvened at 9:15 p.m. Ted Kiritsis was seated for John Johnson.
A motion was made by Jane Cable, seconded by Patrick Looney and voted unanimously to move item 4 up on the agenda.
2. Special Exception/Coastal Site Plan Application to construct a new floating dock, landing and ramp, 15 Tantummaheag Road, Mark Johnston, applicant. Receipt.
Ms. Bartlett stated that Keith Neilson from Docko has requested that the Public Hearing be held in March.
A motion was made by Tom Risom, seconded by Jane Marsh and voted unanimously to set the Public Hearing for this item to the March Regular Meeting.
Heidi DiNino questioned whether the Commission would be voting on the Regulations this evening. She questioned the map changes to the commercial areas. Acting Chairman Cable noted that there are a few commercial properties that are affected. Ms. DiNino stated that she owns some C-10 properties. Acting Chairman Cable noted that the public hearing was closed. Dino DiNino stated that he owns property on Hartford Avenue and questioned whether the changes will affect that area. Ms. Marsh indicated that there are no zone changes on Hartford Avenue. Acting Chairman Cable stated that the because the hearing has been closed they cannot take any more testimony but invited them to stay and listen to the deliberations.
3. Special Exception/Coastal Site Plan Application to construct an 8,000 square foot maintenance building, 43 Buttonball Road, Black Hall Club, Inc., applicant.
Discussion on this item was tabled until comments are received from Tom Metcalf, consulting engineer.
A motion was made by Tom Risom seconded by Jane Marsh and voted unanimously to move item 3 up on the agenda.
4. Proposed comprehensive rewrite of the Town of Old Lyme Zoning Regulations and Zoning Map, Old Lyme Zoning Commission, applicant.
Ms. Marsh stated that she would like to some one to come up with a list of all the comments so that the Commission could go through one by one and consider making changes. She noted that it took many years to produce this document and would like to take a little additional time to get the project done right.
Attorney Branse suggested voting on the Regulations and Map separately, especially since the Planning Commission’s recommendation triggers a 2/3rd’s vote. He suggested getting clarification from the Planning Commission that they are not against the Regulation changes as this was not clear in their letter.
Mr. Looney stated that the Regulation changes are requiring Special Permits for nonconforming lots only in the R-10 zones. He questioned why the R-10 zone is being singled out.
Acting Chairman Cable stated that most of the R-10 lots are forced to go to the Zoning Board of Appeals because of present nonconformities in size and setbacks. She noted that this happens even in the event where they wish to make an addition which does not violate any of the current regulations. Ms. Marsh noted that this is a relaxation of the current regulations. Attorney Branse pointed out that OLISP stressed that they would like the Commission to keep this prohibition and require a variance for these properties. Mr. Looney indicated that he believes it should be handled administratively by the Zoning Enforcement Officer. Attorney Branse noted that the issue with that would be that when something is issued by the ZEO, the criteria has to be black and white, with no discretion. He
indicated that some type of standard would have to crafted and specified in the Regulations. Ms. Marsh indicated that she would like to see them have some type of special review and have the neighbors have the opportunity to make comment at a Public Hearing. She pointed out that this Regulation is a first step in relaxing the Regualtions.
Further deliberations were tabled until the February Regular Meeting.
5. Special Exception/Coastal Site Plan Application to construct a new 45 space gravel parking lot, two paddle tennis courts and a 24’ x 24’ maintenance/warming shed, 35 McCurdy Road, Old Lyme Country Club, applicant.
Ms. Marsh stated that she recalls discussion at the original public hearing that the two retention basins were being created to solve the drainage problem across the street. Acting Vice Chairman Cable noted that the Wetlands Commission issued an approval with several restrictions. Ms. Marsh read the conditions of approval for the record. Ms. Cable indicated that the condition of the guardrail would be a Zoning matter, not a Wetlands matter. Mr. Risom noted that the other issue is that it is not a DOT road. Mr. Tooker noted that the guardrail was originally proposed because they were digging out so close to the road; he noted that that is no longer the plan.
Mr. Risom suggested asking Mr. Metcalf to address the drainage issue relative to the opposite side of McCurdy Road. The Commission agreed to postpone deliberations until the January 28, 2008 Special Meeting if an answered is received from Mr. Metcalf.
6. Zoning Enforcement.
a. Zoning Enforcement Report
The Commission reviewed the Zoning Enforcement Report. Ms. Cable noted that many Cease and Desists have been issued. Mr. Kiritsis noted that there are still many open items. Ms. Marsh noted that there is a lighted ATM sign at Clams Restaurant.
Mr. Tooker noted that there has been a foundation at the Hideaway Shopping Center for twenty years and it is an eyesore. Mr. Risom noted that it has been condemned. Mr. Tooker indicated that if the project has been completed, the site plan should require that all site work be completed. Ms. Cable noted that the bond was returned.
b. Site Inspection Report
No report.
7. Approval of Minutes
A motion was made by Jane Marsh, seconded by Tom Risom and voted unanimously to add the approval of the November 14, 2007 Regular Meeting and Public Hearing minutes.
A motion was made by Tom Risom, seconded by Patrick Looney and voted unanimously to approve the minutes of the November 14, 2007 Regular Meeting and Public Hearing minutes.
A motion was made by Tom Risom, seconded by Jane Marsh and voted unanimously to approve the December 10, 2007 Regular Meeting and Public Hearing minutes.
8. Any new or old business
None.
9. Correspondence
None.
10. Miscellaneous/Adjourn
A motion was made by Patrick Looney, seconded by Tom Risom and voted unanimously to adjourn at 10:00 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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