RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – May 10, 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, Pat Looney, Ted Kiritsis (alternate) and Beth Sullivan (alternate)
Also present: Ann Brown, Zoning Enforcement Officer
Absent: John Johnson and Joan Bozek (alternate)
CONTINUED PUBLIC HEARINGS
Seated for this Public Hearing were the following members: T. Risom, J. Cable, B. Sullivan, T. Kiritsis.
Jane Marsh has recused herself and P. Looney not eligible to vote.
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.
A Motion was made by T. Risom, seconded by T. Kiritsis to CLOSE the Public Hearing on the Proposed Amendment to the Zoning Regulations. No discussion and a vote was taken. In favor: T. Risom, J. Cable, B. Sullivan, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
REGULAR MEETING
1. 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
1. Modification to Special Permit Application to convert to year round use and installation of 159 seats within the existing Church structure which comply with the Fire Marshal’s conditions on property located at 287 Shore Road – Shoreline Church, Inc., applicant – The Commission reviewed the revised plan which depicted the items required by the Fire Marshal. After review the Chairman signed the mylars and the Certificate of Decision.
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.
A Motion was made by T. Risom, seconded by T. Kiritsis to adopt the amendments to Section 11.13 and to Sections 5.1.3, 5.2.3 and 5.12.3 as modified (see attached) to the Zoning Regulations. No discussion and a vote was taken. In favor: T. Risom, J. Cable, B. Sullivan, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
A Motion was made by T. Risom, seconded by T. Kiritsis to make the amendments to the Zoning Regulations (Sections 11.13, 5.1.3, 5.2.3 and 5.12.3) effective June 1, 2010. No discussion and a vote was taken. In favor: T. Risom, J. Cable, B. Sullivan, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
3. Special Permit Application and Coastal Site Plan Review Application to construct a new walkway and pier on property located at 27-1 McCurdy Road, Nicholas Cameron, applicant – PUBLIC HEARING SCHEDULED FOR JUNE 14, 2010
4. 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.
5. Approval of Minutes – Minutes of Public Hearing and Regular Meeting of April 12, 2010
Beth Sullivan not seated.
A Motion was made by T. Kiritsis, seconded by T. Risom to APPROVE the April 12, 2010 Regular Meeting Minutes, as submitted. No further discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, T. Risom, T. Kiristis In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
6. Any new or old business
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 modified the text submitted in April to include comments from the Commission.
T. Kiritsis not seated.
A Motion was made by T. Risom, seconded by J. Marsh to approve an application to the Zoning Commission to amend Sections 4.3 and 4.2.12 as discussed and set the public hearing for July 12, 2010. No further discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, T. Risom, B. Sullivan In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
7. Correspondence
8. Zoning Enforcement
a. Zoning Enforcement Report
b. Site Inspection Report
9. Miscellaneous/Adjourn
A Motion was made by T. Risom, seconded by J. Marsh, to adjourn the May 10, 2010 meeting; the motion passed unanimously and the meeting adjourned at 9:00 p.m.
Jane Cable, Chairman
Text Change
11.13 Alternative Energy Systems. The Zoning Commission, after due notice and public hearing as required by law, may grant a Special Permit authorizing alternate energy systems, such as solar collectors and wind turbines, to exceed maximum building height subject to the following considerations, standards and conditions:
a. the proposed alternate energy system shall not have a detrimental effect on present and future Dwellings in the vicinity;
b. the proposed site shall be of adequate size and location to accommodate the alternate energy system, exclusive of supporting guy wires, if any, without encroachment into open space setback requirements; and,
c. a single wind turbine shall be located on a Lot of 30,000 square feet or more, and furthermore, provided said wind turbine shall supply power for a single structure and/or accessory buildings: 1) the tower height shall not exceed 80 feet measured from its base (ground level) to the centerline of the wind turbine plus one blade length; 2) the tower shall be engineered and commercially available; 3) the wind turbine shall be commercially available; 4) the setback from any Lot Line shall be at least one tower height, which setback requirement pertains to the tower and not to any supporting guy wires; and, 5) such wind turbine shall not exceed 10 (ten) kilowatt generating capacity.
d. abandonment: the owner of the property where a wind turbine is located shall be required to lower or obtain a demolition permit to remove and properly dispose of the structure within one hundred and twenty (120) days of its abandonment, which shall be defined as the ceasing of continuous production of electricity for longer than six (6) months. If such tower is not removed or lowered within the specified timeframe, the Town of Old Lyme may remove the structure at the owner’s expense.
[From former Section 7.3.4, amended effective 6-1-10]
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