RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – April 12, 2010, 7:30 P.M.
Memorial Town Hall
52 Lyme Street
1. Convene Meeting; present and voting were regular members, Jane Cable, Chairman, Jane Marsh, Secretary, Tom Risom, Vice Chairman, John Johnson, Beth Sullivan (alternate) and Joan Bozek (alternate)
Also present: Ann Brown, Zoning Enforcement Officer
Absent: Pat Looney and Ted Kiritsis (alternate)
CONTINUED PUBLIC HEARINGS
Voting members for the continued public hearing are: J. Cable, J. Marsh, J. Johnson, T. Risom, B. Sullivan
1. Special Permit Application to remove existing structure and install a suitable house not to exceed one and one-half (1 ½) stories on property located at 42 Breen Avenue, Nicholas DiCorleto, applicant.
The Chairman opened the continued public hearing but after some discussion about the test holes and the matter of the MLSS, the attorney for the applicant decided to withdraw the application.
A Motion was made by J. Cable, seconded by J. Johnson to WAIVE the application fee for a new application but the applicant would reimburse the Town for the advertising fee. No discussion and a vote was taken: In favor: J. Cable, J. Marsh, J. Johnson, T. Risom, B. Sullivan Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
PUBLIC HEARINGS
Seated for this Public Hearing were the following members: T. Risom, J. Cable, J. Bozek, J. Johnson and B. Sullivan. Jane Marsh has recused herself.
1. Proposed Amendment to the Zoning Regulations to add “Alternative Energy Systems, subject to Section 11.13” to Sections 5.1.3, 5.2.3 and 5.12.3. Zoning Districts RU-40, RU-80 and LI-80 respectively.
The Public Hearing was continued until the May 10, 2010 Regular Meeting.
REGULAR MEETING
1. Special Permit Application to remove existing structure and install a suitable house not to exceed one and one-half (1 ½) stories on property located at 42 Breen Avenue, Nicholas DiCorleto, applicant – WITHDRAWN
2. Proposed Amendment to the Zoning Regulations to add “Alternative Energy Systems, subject to Section 11.13” to Sections 5.1.3, 5.2.3 and 5.12.3. Zoning Districts RU-40, RU-80 and LI-80 respectively – CONTINUED TO MAY 10, 2010
3. Site Development Plan Modification Application and Special Permit to reconfigure bar area, deck and add walkways on property located at 88-90 Hartford Avenue, On the Beach, LLC, applicant. Discuss, receive application and set Public Hearing – After discussion, a Site Plan Modification application is not sufficient. Applicant will need to submit one Special Permit Application for the SVVD modifications and the liquor use changes. The Commission set the Public Hearing on the matter for the May 10, 2010 Regular Meeting. Items numbered 3 and 4 have been combined into one application.
4. Special Permit Modification Application to reconfigure bar area, deck and add walkways on property located at 88-90 Hartford Avenue, On the Beach, LLC, applicant. Discuss, receive application and set Public Hearing – After discussion, modifications to the applications would not sufficient. Applicant will need to submit a Special Permit Application for the SVVD and the liquor. The Commission set the Public Hearing on the matter for the May 10, 2010 Regular Meeting.
5. Letter dated January 13, 2010 from the Old Lyme Country Club to release the $4,575.00 bond posted for Erosion and Sedimentation Control as per the Certificate of Decision dated February 13, 2008 – Matter still pending resolution.
6. Approval of Minutes – Minutes of Public Hearing and Regular Meeting of March 8, 2010
A Motion was made by J. Johnson, seconded by J. Bozek to APPROVE with the following correction to the April 12, 2010 Regular Meeting Minutes, page 7, item 6: to delete “Mr. Kiritsis stated that in Rhode Island . . . .development only.” And change to read as follows “To attend the seminar in Rhode Island it costs $250.00 per person and we are trying to get lower cost for just the Low Impact Development portion.” No further discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Risom, J. Bozek In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
7. Any new or old business
a) Discussion with respect to Section 4.3 of the Old Lyme Zoning Regulations as to whether an addition to an existing house can be considered a “Structure which is Accessory to the Principal Use”, and may be approved within 50 feet of the mean high navigable waters if the addition is not for “Human Occupancy” – Ann Brown will make some modifications to the text and bring it before the Commission again in May.
b) A. Brown, the Zoning Enforcement Officer, stated that an application came in the mail today from Docko, Inc. for construction of a new walkway and pier at 27-1 McCurdy Road. A. Brown suggested that the Commission set a Public Hearing for June 14th (although the date of receipt for the application will be May 10, 2010) so that the DEP referral can be made within the time limit.
The Public Hearing was set for June 14, 2010 at 7:30 p.m.
8. Correspondence
The Commission received a notice of a Land Use Workshop on April 22, 2010 to discuss the establishment of an Open Space Commission. The consensus of the Zoning Commission was to support unanimously the proposed ordinance to establish an Open Space Commission. The Chairman will send a letter to Ms. Atwood-Johnson.
9. Zoning Enforcement
a. Zoning Enforcement Report
b. Site Inspection Report
10. Miscellaneous/Adjourn
A Motion was made by J. Johnson, seconded by T. Risom, to adjourn the April 12, 2010 meeting; the motion passed unanimously and the meeting adjourned at 10:05 p.m.
Jane Cable, Chairman
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