OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, April 12, 2010
The Old Lyme Zoning Commission held a Regular Meeting on Monday, April 12, 2010, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were Jane Cable, Chairman, Tom Risom, Vice Chairman, Jane Marsh, Secretary, John Johnson, Joan Bozek (alternate) and Beth Sullivan (alternate).
Chairman Cable called the meeting to order at 7:32 p.m. She immediately recessed the Public Hearing to conduct the Regular Meeting. The Regular Meeting convened at 8:38 p.m.
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.
Chairman Cable noted that this application has been withdrawn.
2. Proposed amendment to the Zoning Regulations to add “Alternative Energy Systems, subjection 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 for this item has been continued to the May Regular Meeting.
3. Site Development Plan Modification Application/Special Permit Application to reconfigure bar area, deck and add walkways on property located at 88-90 Hartford Avenue, On the Beach, LLC, applicant. Receive and set Public Hearing.
Ms. Brown stated that she asked the applicant to come because they have submitted two separate applications and she wanted the Commission to determine whether how they wanted to handle the applications.
Lenny Corto, owner and permittee of Lenny’s on the Beach, stated that he has submitted several applications to accomplish the work he would like. He indicated that he is asking for guidance from the Commission. Mr. Corto stated that he has marked up the site plan to show his proposal. He noted that there will be a new seating area on the beach where alcohol will be served. He explained that they are hoping to appeal to more local residents. He noted that the yellow area on the plan is the existing walkway and the area with lines is the proposed extension of the walkway. Mr. Corto stated that he would like to put some picnic tables on the sidewalks. Ms.
Cable noted that this would be 24 additional seats outside and 16 additional seats inside. Mr. Corto stated that he is proposing a portable vending cart also; only prepared items, not alcohol. He indicated that it is his thought that the picnic tables would be a place for people to sit and eat after purchasing something from the cart. Mr. Risom questioned whether the picnic tables would have waitress service and Mr. Corto indicated that they would not.
Chairman Cable stated that the change is fairly sizeable and she believes there should be a Public Hearing held. She noted that it is located in the Sound View Village District and there is an additional area where alcohol will be served.
Ms. Marsh suggested that the applicant determine the median high tide line and have it put on the site plan. The other Commission members agreed. Chairman Cable stated that it is on the plan and appears to be approximately 80 feet. Ms. Marsh stated that it is important that the data be current.
Mr. Corto stated that he filed three separate applications. Ms. Brown stated that in the SVVD, every application is by Special Permit. Mr. Corto stated that he has discussed his application with Gail of the Sound View Beach Association and she did not appear to have a problem with it.
The Commission set the Public Hearing for this application to the Regular Meeting on May 10, 2010.
4. Letter dated January 13, 2010 from the Old Lyme Country Club requesting release of the
$4,575.00 bond posted for Erosion and Sedimentation Control as per the Certificate of Decision
dated February 13, 2008.
Ms. Brown stated that the work is not yet complete.
5. Special Permit Application to construct a dock, McCurdy Road,
The Public Hearing for this application is scheduled for the June, 2010 Regular Meeting.
6. Approval of Minutes
A motion was made by John Johnson, seconded by Joan Bozek and voted unanimously to approve the minutes of the March 8, 2010 Regular Meeting and Public Hearing with correction.
Alternate Joan Bozek was seated for this vote.
7. Any new or old business
Ms. Brown stated that when dealing with Jeff Flower’s application last month they found that the Regulations were less than perfect. She stated that she has made an attempt at clarifying them and distributed to each of the Commission members. Ms. Marsh stated that there is a huge difference between the Long Island Sound and the rivers. She indicated that someone building something close to a river and another one building down on the sand are two different things. Ms. Brown agreed and noted that she tried to clarify this in the Regulations. Chairman Cable stated that “human habitation” gave them some difficulty also.
Ms. Brown suggested that, in this section, accessory structures cannot be attached to the structure. Ms. Cable agreed.
8. Correspondence
Chairman Cable stated that the Chairman of the Open Space Committee has called a meeting of the Land Use Agencies and she was asked to write a letter in support of the Open Space Committee becoming a full-fledged Commission. She indicated that she asked why and was told that they would be given equal authority and would not be under the thumb of the Planning Commission. Chairman Cable stated that she was told that they are not always notified by Planning of land use issues that would involve them, despite having requested that notification. She stated that in general she supports their desire to be a free-standing Commission with their own budget. Ms. Marsh questioned where they would get their power. She noted that when they are made a Commission they will need Commission authority and they
don’t get that from the Town, they get that from the State.
Ms. Brown stated that currently, Open Space is a subcommittee of the Conservation Commission and their budget is mixed in with Land Use. She stated that the Ordinances have not been kept up and there is confusion over authority.
Ms. Marsh stated that it would appear that it might be more appropriate to clear up the concerns of the Open Space Commission not being notified of important matters and having their recommendations ignored. She indicated that it might be easier to take care of these matters rather than to create a whole new governing body. Chairman Cable stated that Open Space is an important function. Ms. Brown explained that they would really like autonomy from the Conservation Commission and they would like their own budget. Chairman Cable stated that from time to time the Planning Commission takes any land from the developer and Open Space suggests requiring good land for open space and then Planning takes the bad land anyway.
The Commission agreed to support the establishment of an Open Space Commission and asked Chairman Cable to send a letter to Ms. Atwood-Johnson indicating such.
Chairman Cable stated that she and Ms. Marsh went to the Federation of Planning and Zoning Agencies meeting. Ms. Marsh stated that the presentations were after the meeting and many of them had nothing to do with Planning and Zoning Agencies.
9. Zoning Enforcement
a. Zoning Enforcement Report
No report.
b. Site Inspection Report
No report.
10. Miscellaneous/Adjourn
The Meeting adjourned at 10:25 p.m. on a motion by J. Johnson; seconded by Tom Risom and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
| 
