APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Wednesday, February 13, 2008
The Old Lyme Zoning Commission held a Public Hearing on Wednesday, February 13, 2008 at 7:30 p.m. at the Phoebe Griffin Noyes Library. Members present were Tom Risom (Chairman), Jane Cable (Vice Chairman), Jane Marsh (Secretary), Patrick Looney, Ted Kiritsis (Alternate). Also present was Mark Branse, Commission Counsel and Ann Brown, Zoning Enforcement Officer.
1. Convene Meeting; announcement of voting alternates.
Chairman Risom called the Regular Meeting to order at 7:32 p.m. He immediately recessed the Regular Meeting to conduct the Public Hearing. The Regular Meeting reconvened at 8:36 p.m.
2. Special Exception Application to construct an 8,000 square foot maintenance building, 43 Buttonball Road, Black Hall Club, Inc., applicant.
Mr. Johnson indicated that he was not in attendance at the first meeting and has not listened to the tapes. Chairman Risom noted that Ted Kiritsis will be seated in place of Mr. Johnson for this item.
Ms. Marsh read the conditions of approval as proposed by the Zoning Enforcement Officer. Mr. Risom stated that they should remove the condition regarding the inspection of the storage tanks because they are not located underground, as Mr. Metcalf believed. The Commission members agreed.
A motion was made by Jane Marsh, seconded by Jane Cable and voted unanimously to approve the Special Exception Application to construct an 8,000 square foot maintenance building, 43 Buttonball Road, Black Hall Club, Inc., applicant, as follows:
Whereas, the Zoning Commission has received applications for Site Plan, Coastal Site Plan, and Special Exception approvals, 1 sheet as prepared by Richard W. Gates dated 4/6/06 with revisions through 3/20/07 titled, “Division of Portion of Land of Black Hall Club, Inc”; and sheets # BH-1 through BH-5 with final revisions through 2/7/08; and landscaping and architectural plans;
Whereas, the Zoning Commission has held a duly noticed public hearing on January 14, 2008 and February 13, 2008, and the commission has heard testimony from both citizens of Old Lyme and the applicant; and
Whereas, the proposed use is permitted by Special Exception under Section 34.3.1 under the Old Lyme Zoning Regulations, and 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 Section 31.2 of the Regulations with the following modifications required to be added to the final plan:
Prior to endorsement of the plan, an Erosion and Sedimentation Bond be submitted in an amount to be approved by the Commission Engineer;
Prior to endorsement of the plan, a Bond to ensure completion of the required landscaping be submitted in an amount to be approved by Commission Staff;
At the completion of the project and prior to the issuance of a Certificate of Zoning Compliance, an As-Built survey plan must be submitted to verify that improvements were installed in accordance with the design and approved plans; the as-built plan must include topography associated with the retention basin and overflow swale;
Prior to beginning construction, if permitting or registration of the waste storage tanks associated with the Environmental Management Center building and/or the Fueling/Washdown Center building is required by the State of Connecticut, copies of the permits or registrations must be submitted to the Zoning Enforcement Officer;
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 31.3, in particular that the proposed use, buildings and other structures and site development are designed and arranged as follows:
to achieve safety, comfort and convenience;
to conserve as much of the natural terrain and provide for vegetation on the site to the extent practical;
to be in architectural harmony with the surrounding area;
to protect nearby residential and preservation areas;
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, 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 and plans as they will be revised are consistent with the goals and policies of the Coastal Management Act;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to Black Hall Club, Inc. Special Exception and Coastal Site Plan, for property at 43 Buttonball Road, Old Lyme, CT with the modifications specified.
3. Special Exception/Coastal Site Plan Application to construct a 45 space gravel parking lot, two paddle tennis courts and a 24’ x 24’ maintenance/warming shed, 35 McCurdy Road, Old Lyme Country Club, Inc., applicant.
Ms. Marsh read the proposed motion of approval, along with the proposed conditions. The Commission agreed to change the requirement of five sets of final plans to three sets of final plans.
Chairman Risom noted that Mr. Kiritsis will again be seated for Mr. Johnson.
A motion was made by Jane Marsh, seconded by Jane Cable and voted unanimously to approve the Special Exception/Coastal Site Plan Application to construct a 45 space gravel parking lot, two paddle tennis courts and a 24’ x 24’ maintenance/warming shed, 35 McCurdy Road, Old Lyme Country Club, Inc., applicant, as follows:
Whereas, the Zoning Commission has received applications for Site Plan, Coastal Site Plan, and Special Exception approvals, one sheet titled, “Site Development Plan Showing Proposed Improvements, prepared for Old Lyme Country Club, Inc., McCurdy Road, Old Lyme, Connecticut”, as prepared by Angus McDonald/Gary Sharpe & Associates, Inc., dated July 17, 2007 and a plan titled, “Paddle Tennis Courts, Landscape Plan”, one sheet, prepared by Sarah W. McCracken, Landscape Architect, dated July 10, 2006;
Whereas, the Zoning Commission has held a duly noticed public hearing on January 14, 2008, and the commission has heard testimony from both citizens of Old Lyme and the applicant; and
Whereas, the proposed use is permitted by special exception under the Old Lyme Zoning Regulations, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 31.2 of the Regulations with the following modifications required to be added to the final plan:
Prior to endorsement of the plan, the applicant shall grant a drainage easement to other property of the Old Lyme Country Club to drain across McCurdy Road and through this property. Commission counsel to approve the easement language.
Lighting shall be as depicted on Exhibits Y and Z from the previous application dated May 4, 2006; lights shall be angled at no more than 25 degree tilt on the paddle tennis courts. Lighting allowed between the hours of 8:00 a.m. and 10:00 p.m.
The architectural design of the maintenance building shall be in the style of Exhibit T from the previous application dated May 4, 2006.
All pine trees to the west of paddle court shall be a minimum of 8 feet in height.
Prior to endorsement of the plan, the applicant shall submit a revised landscape plan which shall be in harmony with the intent of the original landscape plan, as determined by the Zoning Enforcement Officer.
Within 90 days of approval of this plan, the applicant shall submit a Restoration Bond for the restoration of the site should the project not be completed, in an amount which is approved by the Town’s engineer.
Within 90 days of approval of this plan, the applicant shall submit an Erosion and Sedimentation Control Bond in an amount which is approved by the Town’s engineer, for installation and maintenance of erosion and sedimentation structures.
Five sets of the approved plan must be submitted to the Town for its use.
Prior to any site construction which involves site clearing, the applicant and/or his contractor shall contact the Town to arrange a site inspection to review the project scheduling and to arrange for any inspections deemed necessary.
Prior to issuance of a Certificate of Zoning Compliance, two copies of an As-Built plan must be submitted to the Zoning Enforcement Officer to verify compliance with the approved plan.
The conditions of approval of the Old Lyme Inland Wetlands and Watercourses Commission permit # 07-42 are incorporated in this approval as follows:
a. that the wetland boundaries be re-flagged to assist in the construction and inspection of improvements,
b. that the Wetland Enhancement Plan as outlined in R. Snarski's 8/6/07 letter to J. Anderson be administered by an individual familiar with the identification of the plants to be eradicated and the use/application of the herbicide 'Round-up'. In addition, that individual is to be identified in the Wetland Enhancement Plan.
c. that the silt fence be extended from WF11 south easterly to WF8,
d. that silt fencing be installed prior to any site disturbance other than the cutting of vegetation,
e. that the silt fence installation be inspected by the Town prior to construction,
f. that the proposed improvements should be field staked by a licensed land surveyor,
g. that within the wetland area where parking is to be constructed, organic material and other unsuitable soils should be removed prior to placement of gravel base material and that the gravel base material should be clean, bank-run material of an appropriate gradation,
h. that the embankment slope between the parking area and wetlands and the cut slope parallel to the railroad and to the SW of the wetlands be planted with vegetation that will require minimal maintenance
and fertilizing and be included on this site plan,
i. that the applicant post a separate Erosion & Sedimentation and Wetland Enhancement Bond, specifically relating to the construction of the proposed activities as outlined in this application, the implementation of the Wetland Enhancement Plan as outlined in R. Snarski's 8/6/07 letter to J. Anderson and the necessary inspections of the above prior to any site disturbance or construction. This Bond is to be in addition to any bonding required by the Zoning Commission. The form and type of bond shall be reviewed and approved by this Commission's legal counsel. The applicants' consulting engineer shall prepare and submit the bond estimate to this Commission for review and approval. This
bond is to be held by the IWWC,
j. that the proposed guard rail along McCurdy Rd. be compliant with Conn. DOT specifications,
k. that a revised site plan which includes items #2,3,8 and 10, be submitted to the WEO prior to the issuance of a wetlands permit, and
l. that this plan must be resubmitted to IWWC for further review, should any changes be made to this site plan as a result of compliance and/or conditions requested by the zoning commission.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 31.3, 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, 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, and the Commission determines that the application and plans as they will be revised are consistent with the goals and policies of the Coastal Management Act;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to the Old Lyme Country Club, Inc. of 40 McCurdy Road, for the Site Plan, Coastal Site Plan, and Special Exception applications for property at 35 McCurdy Road, Old Lyme, CT, with the modifications specified.
4. Site Plan/Coastal Site Plan Application to construct a two-story, 14,600 square foot office building, 1 Huntley Road, Huntley & Halls, LLC, applicant.
Ms. Marsh read the proposed motion of approval, along with the proposed conditions. They agreed to add a condition that the dry-hydrant be installed as required by the Old
Lyme Fire Department and subject to wetlands approval and construction restraints. Ms. Cable indicated that she believes 9:00 p.m. is late to light an office building. Mr. Johnson suggested 8:00 p.m. Mr. Looney questioned whether they would allow limited low-lighting levels after 8:00 p.m., as it is a commercial building. Mr. Risom suggested that only the pole lighting be shut off at 8:00 p.m. and the wall-mounted lights can remain on.
Mr. Johnson indicated that he was eligible to vote on this item.
A motion was made by Jane Marsh, seconded by Jane Cable and voted unanimously to approve the Site Plan/Coastal Site Plan Application to construct a two-story, 14,600 square foot office building, 1 Huntley Road, Huntley & Halls, LLC, applicant, as follows:
Whereas, the Zoning Commission has received applications for Site Plan and Coastal Site Plan approvals, with Architectural Plans dated 12/30/07 with revisions through 2/6/08, Site Plans dated 11/16/07 with revisions through 2/1/08, prepared by Indigo Land Design, Inc.;
Whereas, the Zoning Commission has held a duly noticed public hearing on 1/28/08 and 2/13/08, and the commission has heard testimony from both citizens of Old Lyme and the applicant; and
Whereas, the proposed use is permitted under the Old Lyme Zoning Regulations with Site Plan approval and Coastal Site Plan approval, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 31.2 of the Regulations with the following modifications required to be added to the final plan:
1. The conditions of approval for the permit for the Inland Wetlands and Watercourses Commission is made a part of the Zoning Commission approval;
2. At the completion of the project and prior to the issuance of a Certificate of Zoning Compliance, an As-Built survey plan must be submitted to verify that improvements, including topography, were installed in accordance with the design and approved plans;
3. Outside pole lights shall be turned off by 8:00 p.m.
4. Eastern driveway shall be an “entrance only” driveway until such time as Huntley Road allows two-way traffic;
5. Scale must be corrected from 1” = 40’ to 1” = 20’;
6. A dry hydrant system must be constructed per the specifications of the Old Lyme Fire Department at a location specified by the Old Lyme Fire Department to provide general Town fire protection, subject to approval of the Wetlands Commission.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 31.3, 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, 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 and plans as they will be revised are consistent with the goals and policies of the Coastal Management Act;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to Huntley and Halls, LLC, for the Site Plan and Coastal Site Plan applications for property at 1 Huntley Road, Old Lyme, CT, with the modifications specified.
The Commission commended Mr. Wren for his complete and professional application.
5. Special Exception Application to construct multi-family housing, 49 Hatchetts Hill Road, Hilltop Development, LLC, applicant.
No action taken. The Public Hearing for this item has been continued to the March Regular Meeting.
6. Proposed comprehensive rewrite of the Town of Old Lyme Zoning Regulations and Zoning Map, Old Lyme Zoning Commission, applicant.
Attorney Branse noted that he sent two letters to the Commission, one on December 14, 2007 and the second January 28, 2008, identifying comments from the public and referral responses. He explained that he also identified whether the comments were within the scope of the hearing and something that the Commission possibly could consider.
Addressing the letter of December 14, 2007, Attorney Branse noted that there is really only one issue that falls within the scope of the hearing. He pointed out that there were requests to not rezone property that was indicated as a zone change, which the Commission could do. Attorney Branse explained that the Commission could not rezone additional land that was not proposed to be rezoned. He noted that there was a comment that a reduction in height from 35’ to 24’ in the R-10 Zone was too great a reduction. Attorney Branse reiterated that the Commission could always make less of a change then they advertised, i.e., they indicated 24’ so they could change it to 26’ or 28’.
Ms. Marsh indicated that she is not sure they should change the regulations at all in the R-10 zone after reading the Seasonal Suit Judgment. She noted that the Judge indicated that she has seen no rational reason for the adoption of Old Lyme’s Seasonal Conversion Regulations. Ms. Marsh stated that the Judge indicated that it appears Old Lyme wants to keep a certain socio-economic group out of Town. She explained that the Judge feels taking away the right to convert in 1992 was taking away a substantial right that people had. Ms. Marsh indicated that she does not believe people ever had the right to convert. She noted that the Judge believes that up until 1992 anyone could convert to year round and that Regulations did not prohibit it.
Ms. Marsh indicated that the Judge believed a document submitted by the other party that states that septic systems do not function well when shut down for 6 months. Ms. Marsh stated that she did research on line and found some one in Buzzard’s Bay who said that the whole issue is how many homes are in the approximate area of the Sound, not what systems they have. She indicated that she referred this article to Attorney Radshaw. Ms. Marsh stated that the Town may need to submit more information to the District Court.
Ms. Marsh questioned whether the Commission wants to reduce the height in the R-10 Zone and at the same time allow nonconforming properties to apply for Special Exceptions when their additions meet the bulk requirements. She noted that she always believed that Zoning was not just a health and safety issue, but also a quality of life issue such as traffic, etc. Ms. Marsh noted that in the Judge’s opinion, that is not something that can be considered.
Ms. Marsh noted that the Regualtions indicate that if something is not permitted, then it is prohibited. She noted that therefore, the nonconforming lots, from the adoption of Zoning on, anyone that did anything and did not get a permit for the work was illegally expanding their nonconforming property. Ms. Marsh stated that the Commission considered the proposed R-10 changes with the feeling that they are giving something, not taking something away because now they can expand on a nonconforming lot without a variance.
Ms. Brown pointed out that the Commission has heard from many people that 35 feet is too high for the small lots in the R-10. Attorney Branse stated that the comment at the Public Hearing about the height reduction was not that it should not be reduced, but that 24’ was to great a reduction and that 26’ or 28’ might be more appropriate. The Commission agreed to reduce the height in the R-10 from 35’ to 24’ as proposed in the Regulation Rewrite.
Attorney Branse noted that the other comments at the December Public Hearing are not within the scope of the proposed changes to the regulations, such as allowing attached housing, and things of that nature.
Attorney Branse stated that in his letter of January 28, 2008, he notes that the Planning Commission is not in agreement with all the Map changes so the vote would have to be a two-thirds vote of the Commission. He noted that a comment that recurs several times is measurement from grade, existing versus current. Attorney Branse stated that Mr. Downes’ comment is that people can use fill to change the grade so for example a deck that might be more than 12” above existing grade is filled and now is not 12” above grade and can extend all the way to the property lines. Attorney Branse stated that for this reason he believes the regulation should specify existing grade. He indicated that Ms. Brown points out that it will be difficult to determine what the grade was. Attorney
Branse stated that there is no exact way of determining the existing grade and that some people will get away with filling. He indicated that using the term existing is a good idea and will be enforceable in most cases. The Commission agreed to use the term existing grade.
Attorney Branse stated that Mr. Downes suggested having a 100 foot setback for all rivers in Old Lyme, as did several other people. He noted that this is outside the scope of what was advertised and proposed. Attorney Branse stated that Mr. Downes also suggested clarified wording in Section 4.3, which was omitted from his January 28, 2008 letter. He explained that the suggestion is that 4.3 and 4.5 would have the same language and he has marked that as a change. Attorney Branse stated that Mr. Downes suggested better wording for 4.10.12.1 and he agrees; he noted some other small changes/cross references suggested by Mr. Downes. Attorney Branse stated that the same issues with grade arises from the measurement of the height of signs, and again this will be changed to existing grade.
Attorney Branse stated that Marcy Balint had several comments, the first being a reference to 8-24. He noted that she suggests the same 100’ regulated area from all rivers, which cannot happen at this time. Attorney Branse stated that Ms. Balint feels that in the R-10 Zone the language from CAM should be specifically included. Attorney Branse stated that he put the “the goals of the Coastal Area Management Act,” and she would like it to say “and specifically . . .” Attorney Branse indicated that he would add this as it does clarify it for the applicants.
Attorney Branse stated that Bob Scully recommends that an Ordinance be adopted, which the Zoning Commission cannot do. He noted that Mr. Scully also questions Section 9.1.3, which is exactly the same as the current section. Attorney Branse stated that the regulations currently require a conversion to year round to meet the full Health Code with no exceptions and the same is true with the new regulations. He noted that Mr. Scully questions the legality of this and it is his opinion that it is legal and the Commission should leave it in. Attorney Branse stated that Marcy Balint says that CAM exempts single family homes but she would like them to be included anyway to go over and above the Statutory requirement. He noted that Bob Scully is indicating that the Zoning Commission cannot go over and
above the statutory requirement. Attorney Branse indicated that he believes the Town can impose regulations above the State requirement.
Mr. Risom stated that in a repair, a reserve is not required to be shown. Mr. Looney indicated that once a C.O. is given for a house, a reserve never has to be shown again. Mr. Risom questioned whether it would be to anyone’s advantage to retain the original reserve area. Mr. Looney stated that it would be prudent, but nothing in the Health Code requires it.
Attorney Branse stated that a Mr. Smith at the January Public Hearing noted that changing the Planned Residential Cluster Development to Planned Residential Conservation Development would suggested that a Conservation Development would be governed by the Conservation or Gateway rules, which is not what is intended. Attorney Branse stated that he will add a clarification in 8.2.2.
Attorney Branse stated that currently, under a PRCD, the Planning Commission can waive minimum lot area, minimum buildable land, setbacks, etc., for the underlying zone. He noted that they cannot waive the bulk requirements contained in the PRCD development. He noted that it has been questioned whether it might not be a good idea to allow the Planning Commission to grant waivers of the bulk requirements contained in the PRCD developments for good design. Chairman Risom stated that once these regulations are done, the Commission can go back and look at the PRCD Regulations.
Attorney Branse stated that it was pointed out that when the R-40 and RU-40 are combined, the 15% floor area ratio of the RU Zone is now imposed on the R Zone. The Commission agreed on the 15%.
Ms. Brown stated that Inns were allowed in the residential zones on a ten acre lot and somehow that has fallen into these Regulations and Inns are with motels now in the commercial zones. She noted that the land requirement is by room and she believes the 10 acres is an orphan that should be eliminated. Attorney Branse reiterated that Inns are only allowed in commercial zones now. He noted that the proposed regulations would allow approximately 9 rooms per acre with a maximum of 40 rooms. The Commission agreed to eliminate the minimum ten acre requirement for an Inn.
The Commission agreed to leave stables as an allowed use in the Industrial Zone. Ms. Brown questioned whether it was the Commission’s intent to require an A2 Survey for a Special Exception Application on a nonconforming lot in the larger zones where there is a lot that is perhaps just shy of the required square or a similar situation. Ms. Marsh stated that the requirement is to document the nonconformity. The Commission agreed to require A2 surveys on all nonconforming lots.
Ms. Brown indicated that some one has specifically asked her to ask the Commission to consider allowing drive-up windows for pharmacies. The Commission declined.
Ms. Brown noted that Section 7.1(c) talks about small buildings being able to go half-way into the side and rear setback. She noted that it is missing a reference to the rear setback.
The Commission agreed to act on the amendments this evening, setting an effective date approximately one month from now. Attorney Branse noted that he will plug in the effective date.
The Commission revisited the issue of height in the R-10 Zone. Ms. Brown noted that the ZBA likes to be reasonable and allow modest expansions when the Zoning Regulations are otherwise met. She noted that the one difficult bulk regulation is the height. Ms. Brown noted that many beach community residents are against allowing 35’ tall homes on these small lots. Attorney Branse indicated that it makes more sense to have the Zoning Commission evaluate a Special Exception to construct on a nonconforming lot because who better could determine if a plan meets the intent of their own regulations.
Attorney Branse noted that the next date of receipt for applications to the Zoning Commission is March 10, 2007. He noted that making an effective date of the Regulations before that time would mean that all applications received after this evening would be under the new Regulations. Ms. Brown pointed out that the Zoning Map should be approved at the same time because the zones are changing also.
Ms. Marsh indicated that she was not swayed by any opposition to the map changes. Ms. Cable agreed, but noted she does agree that the Hatchetts Hill MFR-80 should remain MFR-80. The Commission agreed to eliminate the industrial zone on Short Hills Road, as proposed; they agreed to all the proposed map changes with the exception of the Hatchetts Hill MFR-80 zone back to industrial and agreed that it should remain MFR-80.
Chairman Risom noted that all Regular Members will be voting.
A motion was made by Jane Cable, seconded by Jane Marsh and voted unanimously to
Approve the amendments to the Old Lyme Zoning Map, Old Lyme Zoning Commission, applicant, as follows: Approved as filed in the Office of the Town Clerk, with the exception that the MFR-80 Zone in the vicinity of 49 Hatchetts Hill Road will remain an MFR-80 Zone; these amendments are effective March 7, 2008.
A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to approve the comprehensive rewrite of the Old Lyme Zoning Regulations, Old Lyme Zoning Commission, applicant, as follows:
Approved as filed in the Office of the Town Clerk except with further amendments to Sections 4.3, 4.10.12.1, 18.3.6, 19.4.3, 4.2.5, 9.1.3(f), 8.2.2, 8.7, 5.10.3, and 11.27(b) as recommended in Attorney Branse’s letters dated December 14, 2007 and January 28, 2008 and with a correction to Section 7.1(c); these new Zoning Regulations are effective March 7, 2008.
The Commission gave Attorney Branse a round of applause. He noted that his Regulation Rewrite file was opened in 1998. The Commission expressed their sincere appreciation for his diligence and his continued interested in this project. Ms. Marsh noted that his dedication was exceptional.
7. Special Exception/Coastal Site Plan Application to construct a new floating dock, landing and ramp, 15 Tantummaheag Road, Mark Johnston, applicant.
No action taken. The Public Hearing will be held on Monday, March 10, 2008.
8. Special Exception Application (SVVD) to add second floor office and ventilation system, 83 Hartford Avenue, Keith Grills, applicant. Receipt.
Ms. Brown noted that this applicant is in a hurry as they cannot open until the ventilation system is installed.
The Public Hearing for this item has was set for Monday, March 10, 2008.
9. Site Plan Modification Application to construct 30 overflow (grassed) parking spaces, 77 Lyme Street, Lyme Academy of Fine Arts, applicant. Receipt.
The Commission agreed to set this on the agenda for Monday, March 10, 2008 and agreed that a public hearing would not be required. Ms. Marsh asked that the previous interested parties be noticed.
10. Zoning Enforcement.
a. Zoning Enforcement Report
The Commission reviewed the Zoning Enforcement Report. Ms. Cable stated that she believes the shed on the Boston Post Road has been enlarged.
b. Site Inspection Report
No report.
11. Approval of Minutes
A motion was made by Patrick Looney, seconded by Jane Cable and voted unanimously to add the approval of the January 14, 2008 Regular Meeting and Public Hearing minutes.
12. Any new or old business
Ms. Brown indicated that she has an application for a liquor license for what was the Jib. She indicated that the permit has always been a six-month liquor permit and the new owner wants a year round permit. She noted that she reviewed the file and some applications say six months, other just indicate Café. She stated that there are also proposed changes to the patio that require the Commission’s approval. Ms. Brown stated that she feels that the Commission should also address year round use. The Commission agreed that they should review this with the applicant.
Ms. Brown noted that there is a Regulation that requires registration every two years of gravel operations. She stated that there is an operation that lapsed because it has been three years since they renewed. Attorney Branse indicated that the fact that they missed renewing their permit does not automatically terminate their nonconformity. He explained that the Commission could renew this one to the two year date that it should of been, so this would be effective for one year from now. Attorney Branse stated that abandonment is more than inaction. The Commission agreed that this was an oversight on the part of the applicant and they agreed that Ms. Brown should sign the renewal.
The Commission agreed to hold a Regulation Rewrite Meeting on the fourth Monday in April to address the PRCD Regulation.
13. Correspondence
None.
14. Miscellaneous/Adjourn
A motion was made by John Johnson, seconded by Patrick Looney and voted unanimously to adjourn at 10:57 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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