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Zoning Commission Record of Vote 07/12/2010
RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR  MEETING
Monday – July 12, 2010, 7:30 P.M.
Memorial Town Hall
52 Lyme Street

1.   Convene Meeting; present and voting were regular members, Jane Cable, Chairman, Tom Risom, Vice Chairman, Jane Marsh, Secretary (arrived at 7:58 p.m.), Pat Looney, John Johnson and Joan Bozek (alternate)    Voting members for each application may change
 
Also present:  Beth Sullivan (alternate), Ted Kiritsis (alternate) Ann Brown, Zoning Enforcement Officer

Absent:  No one

PUBLIC HEARINGS

Seated and voting for hearing number one:  J. Cable, J. Johnson, P. Looney, T. Risom, J. Bozek

1.  Special Permit Application to permit hot dog cart on property at the Citgo Gas Station, 281 Shore Road, Barbara Williams, applicant. UMARS, LLC, property owner.    

        A Motion was made by J. Johnson, seconded by J. Bozek to CONTINUE the Public Hearing on the application to permit hot dog cart at 281 Shore Road TO JULY 26, 2010 AT 7:00 P.M. SECOND FLOOR CONFERENCE ROOM.  No discussion and a vote was taken.  In favor:   J. Cable, P. Looney, J. Johnson, T. Risom, J. Bozek    Opposed:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

Seated and voting for hearing number one:  J. Cable, J. Johnson, P. Looney, T. Risom, J. Marsh

2.  Special Permit Application and Coastal Site Plan Review Application to demolish existing dwelling and construct a new dwelling on property at 3 Sea Lane, Onofrio and Cheryl Patafio, applicants.  

        A Motion was made by J. Cable, seconded by J. Bozek to CONTINUE the Public Hearing on the application to demolish existing dwelling and construct a new dwelling on property at 3 Sea Lane TO THE AUGUST 9, 2010 REGULAR MEETING.  No discussion and a vote was taken.  In favor:   J. Cable, P. Looney, J. Johnson, T. Risom, J. Marsh    Opposed:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

Seated and voting for hearing number one:  J. Cable, J. Johnson, P. Looney, T. Risom, J. Marsh

3.  Petition to amend the Old Lyme Zoning Regulations, Section 4.2.12 Construction or Enlargement of Certain Buildings Adjoining Coastal Resources and Section 4.3 Tidal Waters Protection, Old Lyme Zoning Commission, applicant.


        A Motion was made by J. Johnson, seconded by P. Looney to CLOSE the Public Hearing on the petition to amend the Old Lyme Zoning Regulations, Section 4.2.12 and 4.3.  No discussion and a vote was taken.  In favor:   J. Cable, P. Looney, J. Johnson, T. Risom, J. Marsh    Opposed:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

REGULAR MEETING

        A Motion was made by T. Risom, seconded by P. Looney to MOVE ITEM NO. 4 TO ITEM NO. 1 ON THE AGENDA and renumber.  No discussion and a vote was taken.  In favor:   J. Cable, P. Looney, J. Johnson, T. Risom, J. Marsh    Opposed:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

1.  Site Development Plan Modification Application to move propane tank cages and dumpster on property located at the Citgo Gas Station, 281 Shore Road, Asif Choudhry, applicant.  

        A Motion was made by P. Looney, seconded by T. Risom to receive the application and set a Public Hearing for August 9, 2010.  No discussion and a vote was taken.  In favor:   J. Cable, J. Marsh, P. Looney, J. Johnson, T. Risom   Opposed:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

2.  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 Closed in June, decision to be made.

Seated and voting for hearing number one:  J. Cable, J. Johnson, P. Looney, J. Marsh, T. Kiritsis

        Motion for Approval by J. Marsh, seconded by J. Johnson, as follows:

        Whereas, the Zoning Commission has received an application for Special Permit/Coastal Site Plan Review including supplemental documentation to allow construction of a new walkway and pier for property of Nicholas Cameron at 27-1 McCurdy Road, Old Lyme, CT, one sheet titled, “Special Permit New Walkway and Pier Duck River February, 2010 Property of Nicholas & Leslie W. Cameron 27-1 McCurdy Rd.-Old Lyme, CT, prepared by Docko, Inc., Keith B. Neilson, P.E., P. O. Box 421, Mystic, CT  06355”;

Whereas, the Zoning Commission has held a duly noticed public hearing on June 14, 2010 and the Commission has had an opportunity to hear testimony both from citizens of Old Lyme and the applicant; and
Whereas, the Zoning Commission has had input from Marcy Balint, Senior Coastal Planner of the Office of Long Island Sound Programs, CT DEP stating that it waives the right to comment on this coastal site plan application since it is actively reviewing the OLISP in-water permit application at this time; and

Whereas, the proposed use is permitted by Special Permit under the Old Lyme Zoning Regulations, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 13B of the Regulations with the following conditions:

1.  The walkway and immediate upland access will not be illuminated.
2.  Tree, brush and vegetative removal in areas other than the pathway will not occur and will remain “as is”.  Extending grassed lawn areas beyond current limits in the area of the walkway is not allowed.
3.  If an As-built plan is required by the CT DEP/USACOE, a copy will be provided to the Town.  If an As-built is not required, the design/project engineer or land surveyor is required to issue a statement noting the walkway is located in substantial conformance with the design location.
4.  The placement of hay bales or silt fence shall be placed for soil and erosion control as noted in the statement of use.
5.  Applicant to contact Building Department to determine if a building permit is needed for the walkway structure.
6.  Presented composite decking material (grid) shall be used.

Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13B.4, in particular that the proposed use and 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 finds that the applicant has demonstrated compliance with the General Standards of Section 13 B.4, in particular that the proposed use, buildings or other structures and site development conform to the standards of this section.

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

Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for the Special Permit/Coastal Site Plan Review application to allow construction of a new walkway and pier for property of Nicholas Cameron at 27-1 McCurdy Road, Old Lyme, CT.   Discussion:  P. Looney asked about the type of decking material, a sample was presented at the public hearing.  No further discussion and a vote was taken:  In favor:  J. Marsh, J. Cable, P. Looney, J. Johnson, T. Kiritsis   The Motion passed unanimously.  5-0-0

3.  Special Permit Application to permit hot dog cart on property at the Citgo Gas Station, 281 Shore Road, Barbara Williams, applicant. UMARS, LLC, property owner – PUBLIC HEARING CONTINUED TO JULY 26, 2010 AT 7:00 P.M.

4.  Special Permit Application and Coastal Site Plan Review Application to demolish existing dwelling and construct a new dwelling on property at 3 Sea Lane, Onofrio and Cheryl Patafio, applicants – PUBLIC HEARING CONTINUED TO AUGUST 9, 2010 REGULAR MEETING

5.  Petition to amend the Old Lyme Zoning Regulations, Section 4.2.12 Construction or Enlargement of Certain Buildings Adjoining Coastal Resources and Section 4.3 Tidal Waters Protection, Old Lyme Zoning Commission, applicant.

        Motion made by J. Marsh, seconded by T. Risom, to adopt Exhibit J as amended, and as follows:  

Whereas, the Zoning Commission has submitted an application to modify the Old Lyme Zoning Regulations with respect to Section 4.2.12 Construction or Enlargement of Certain Buildings Adjoining Coastal Resources and Section 4.3 Tidal Waters Protection with the following language:

Section 4.2.12 Construction or Enlargement of Certain Buildings Adjoining Coastal Resources.  

No Building or other Structure, including drainage structures, septic systems and wells, shall be newly constructed, Enlarged, or Extended within fifty (50) feet of any rocky shorefront, coastal bluffs and escarpments, or beaches and dunes, as defined in Conn. Gen. Stats. Sec. 22a-93.  It shall be the responsibility of the applicant for a ZONING PERMIT, Special Permit or variance under these Regulations to determine whether any of the aforesaid coastal resources are located on or within fifty (50) feet of the Lot and where the new construction, Enlargement or Extension is proposed, and, if any such resources are so located, to portray the same on the site plan submitted for review under the provisions of this Section.  Nothing in this Regulation, however, shall prevent the restoration or reconstruction of a Building or Structure damaged or destroyed by fire or other casualty, subject to the limitations set for the in Section 9 of these Regulations.

No Building or other Structure, including drainage structures, septic systems and wells, shall be newly constructed, Enlarged, or Extended within fifty (50) feet of any Tidal Wetlands as defined in Conn. Gen. Stats. Sec. 22a-29, except in compliance with Section 4.3 Tidal Waters Protection.

Section 4.3     Tidal Waters Protection.

Tidal River Protection.  
Section 4.3.1  In the Conservation Zone (Gateway Zone), no Building or other Structure, including drainage structures, septic systems and wells, shall extend within less than one hundred (100) feet of the mean high tide line (as defined in the Connecticut General Statutes) of the Connecticut River or  any of its tributaries or associated wetlands (see Section 4.10.3);
        Section 4.3.1.a. Provided, however, that the Zoning Commission, in accordance with the provisions of Section 13B, at its discretion, upon determination of functional need, may grant a Special Permit to reduce the setback for Structures that require direct access to the water as an operational, necessity such as piers, docks, boathouses, and Marine Facilities.

Section 4.3.2  In areas outside the Conservation Zone, no Building or other Structure, including drainage structures, septic systems and wells, shall extend within less than fifty (50) feet of the mean high navigable waters of any Tidal Watercourse or associated Tidal Wetlands as defined in Conn. Gen. Stats. Sec. 22a-29;

4.3.2.a. Provided, however, that the Zoning Commission, in accordance with the provisions of Section 13B, may grant a Special Permit authorizing the following to extend within such fifty (50) foot distance:

        Section 4.3.2.a.1.  A Marine Facility;

        Section 4.3.2.a.2.  Any Building or other Structure which is Accessory to a Principal Use on the Lot, provided that the facility is not intended for Human Occupancy.  The proposed Building or other Structure which is Accessory to the Principal Use on the Lot must be physically detached from the Structure of the Principal Use;

Section 4.3.3  Any Structures and/or Site Development authorized in this section must demonstrate consistency with the purposes of Section 4.2 Coastal Boundary.


Whereas, the Zoning Commission has held a duly noticed public hearing on July 12, 2010, and the commission has had an opportunity to hear testimony from citizens of Old Lyme and obtained comments from the Planning Commission, the Connecticut River Estuary Regional Planning Agency, Attorney for the Zoning Commission, Mark Branse, the Conn. River Gateway Commission and the Department of Environmental Protection – Office of Long Island Sound Program; and

Whereas, the Commission finds that the proposed regulation will permit the Commission
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, although 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 the proposed modification to the Zoning Regulations of Section 4.2.12 Construction or Enlargement of Certain Buildings Adjoining Coastal Resources and Section 4.3 Tidal Waters Protection, with the modifications specified.  

The effective date of this approval is August 1, 2010.  No further discussion and a vote was taken:  In favor J. Cable, J. Marsh, J. Johnson, T. Risom   Opposed:  none    Abstaining:  P. Looney   The motion passed. 4-0-1

6.  Special Permit Application and Coastal Site Plan Review Application to permit an alternative energy system (wind turbine) on property located at 58-1 Brighton Road, Jane Marsh, applicant - Application incomplete, to be received and public hearing set at next  meeting.
        
7.  Special  Permit Application to permit repair of existing deck and enclose it with a roof and windowed walls to create a seasonal porch on property located at 76-1 Hartford Avenue, Gallicchio Builders, applicant.  Receive application and set public hearing.

        A Motion was made by J. Cable, seconded by T. Risom to receive the application and set a Public Hearing for August 9, 2010.  No discussion and a vote was taken.  In favor:   J. Cable, J. Marsh, P. Looney, J. Johnson, T. Risom   Opposed:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

8.  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.

9. Approval of Minutes – Minutes of Public Hearing and Regular Meeting of June 14, 2010 – tabled to next month
                                                
10.  Any new or old business –
                        
                        a)  Discussion regarding the proposed 2010 Plan of Conservation and Development
                        b)  Discussion with respect to Registry Determinations
        
11.  Correspondence

        A letter from William Childress dated July 12, 2010 regarding Gaudio, 7 Town Landing Road requested an extension of time to commence work in connection with the Special Permit granted by the Commission.  Work has not commenced since the matter is pending a court trial in March of 2011.  

        A Motion was made by T. Risom, seconded by P. Looney to GRANT an extension of 18 months to commence work for 7 Town Landing Road.  No discussion and a vote was taken.  In favor:   J. Cable, J. Marsh, P. Looney, J. Johnson, T. Risom   Opposed:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

12.  Zoning Enforcement

a.      Zoning Enforcement Report
b.      Site Inspection Report

13. Miscellaneous/Adjournment                   

        A Motion was made by P. Looney, seconded by J. Johnson, to adjourn the July 12, 2010 meeting; the motion passed unanimously and the meeting adjourned at 10:05 p.m.

                                                        
                                                        Jane Cable, Chairman