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Zoning Commission Record of Vote for 08/09/2010 Meeting
RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR  MEETING
Monday – August 9, 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, Pat Looney, Beth Sullivan (alternate) and Ted Kiritsis (alternate)
 
Also present:  Ann Brown, Zoning Enforcement Officer

Absent:  Tom Risom, Vice Chairman, John Johnson and Joan Bozek (alternate)    

CONTINUED PUBLIC HEARING

1.  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 T. Kiritsis, seconded by P. Looney to CLOSE the Public Hearing on the application to demolish existing dwelling and construct a new dwelling on property at 3 Sea Lane.  No discussion and a vote was taken.  In favor:   J. Cable, P. Looney, J. Marsh, T. Kiritsis, B. Sullivan    Opposed:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

PUBLIC HEARINGS

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 B. Sullivan, seconded by P. Looney to CLOSE the Public Hearing on the application to move propane tank cages and dumpster on property located at the Citgo Gas Station, 281 Shore Road.  No discussion and a vote was taken.  In favor:   J. Cable, P. Looney, J. Marsh, T. Kiritsis, B. Sullivan    Opposed:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

2.  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

        A Motion was made by T. Kiritsis, seconded by P. Looney to CONTUNUE the Public Hearing on the application for 76-1 Hartford Avenue to the SEPTEMBER 13, 2010 REGULAR MEETING.  No discussion and a vote was taken.  In favor:   J. Cable, P. Looney, J. Marsh, T. Kiritsis, B. Sullivan    Opposed:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

        3.  Special Permit Application/Coastal Site Plan Review to permit renovations and expansion at Lyme-Old Lyme High School, 69 Lyme Street – Regional School District No. 18, applicant.  

        A Motion was made by P. Looney, seconded by J. Marsh to CLOSE the Public Hearing on the application to permit renovations and expansion at Lyme-Old Lyme High School, 69 Lyme Street – Regional School District No. 18.  No discussion and a vote was taken.  In favor:   J. Cable, P. Looney, J. Marsh, T. Kiritsis, B. Sullivan    Opposed:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

REGULAR MEETING

1.  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. Marsh, seconded by P. Looney to REFER to Zoning Commission Counsel, Mark Branse the interpretation of Section 9.4, Section 9.1.3 and half story.   No discussion and a vote was taken.  In favor:   J. Cable, P. Looney, J. Marsh, T. Kiritsis, B. Sullivan    Opposed:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

        A Motion was made by P. Looney, seconded by B. Sullivan to DEFER the decision on the application for 3 Sea Lane, Patafio to the SEPTEMBER 13, 2010 REGULAR MEETING.  No discussion and a vote was taken.  In favor:   J. Cable, P. Looney, J. Marsh, T. Kiritsis, B. Sullivan    Opposed:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

2.  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 J. Marsh, seconded by B. Sullivan to approve the application as follows:
        Whereas, the Zoning Commission has received an application for a modification to the Site Plan/Special Exception granted October 10, 2001, for proposed gas pump canopy and associated site improvements at 281 Shore Road, Old Lyme, Connecticut, plan entitled “Site Plan property of Umar, S., LLC, Connecticut Route No. 156 Old Lyme Connecticut Scale: 1 inch = 20 feet dated February 2000, Rev. 1 1/12/01, Rev. 2 2/1/01, Rev. 3 5/1/01 and Rev. 4 11/11/01 as prepared by Brian J. Gaffney of Montville, Conn.”;

        Whereas, the proposed modifications, as follows:

1.      to shift the existing propane tank cage to a new concrete pad with two bollards and add an additional propane tank cage for a total of two propane tank cages.  

2.      to move the dumpster to the field behind the parking lot.

        Both modifications to be noted on the new plan along with:

                1.      on the revised site plan there shall be a notation that the one well is to be abandoned.
                2.   the revised plan shall also note that there will be no obstruction of alley-way, even of a temporary nature.
                3.      the original mylar from 2001 shall now be recorded and the Certificate of Decision from 2001 shall also be recorded on the Land Records after completion of item 5, below.
                4.  The mylar for the modification to the site plan shall be submitted and recorded.
                5.  The applicant must obtain a License Agreement for the alley-way from Town as set forth in 2001 Certificate of Decision.

        Whereas, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 13 A of the Regulations.   

        Whereas, the applicant has requested that the original site plan, previously approved, be entered into the record as adequate information on which the Commission can make its evaluation; and

        Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13, 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;

        Whereas, the Zoning Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13, 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 by its staff and professional consultants; and

        Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to UMAR, S., LLC for the modification of their Site Plan for property at 281 Shore Road, Old Lyme, CT, with the modifications specified.  No further discussion and a vote was taken.  In favor:   J. Cable, P. Looney, J. Marsh, T. Kiritsis, B. Sullivan    Opposed:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

3.  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 – PUBLIC HEARING CONTINUED TO SEPTEMBER 13, 2010

        4.  Special Permit Application/Coastal Site Plan Review to permit renovations and expansion at Lyme-Old Lyme High School, 69 Lyme Street – Regional School District No. 18, applicant.  

        A  Motion was made by J. Marsh, seconded by T. Kiritsis to approve the application as follows:
        Whereas, the Zoning Commission has received an application for a Special Permit/Coastal Site Plan
approval to permit renovations and expansion at Lyme-Old Lyme High School, 69 Lyme Street – Regional
School District No. 18, applicant. with the following attachments:  Property Abutters;   Letter dated March 16, 2010 from David  Sousa, RLA, AICP with 16 separate  attachments;  Plans prepared by Bianco Gioilitto Weston Architects, LLC dated January 20, 2010 as follows:  Drawing No. C-000.1, General Notes; Drawing No. C-000.2, Existing Conditions Plan; Drawing No. C-001, Site Demolition Plan (1 of 3), Drawing No. C-002 (2 of 3), Drawing No. C-003 (3 of 3); Drawing No. C-100, Overall Site Plan; Drawing No. C-101, Site Layout Plan (1 of 3); Drawing No. C-101.1, Site Dimension & Alignment Plan (1 of 3); Drawing No. C-102, Site Layout Plan (2 of 3); Drawing No. C-102.1, Site Dimension & Alignment Plan (2 of 3); Drawing No. C-103, Site Layout Plan (3 of 3); Drawing No. C-103.1, Site Dimension & Alignment Plan (3 of 3); Drawing No. C-201, Site Grading Plan (1 of 4), Drawing No. C-202, Site Grading Plan (2 of 4), Drawing No. C-203, Site Grading Plan (3 of 4), Drawing No. C-203.1, Site Grading Plan (4 of 4); Drawing No. C-204, Erosion & Sediment Control Plan; Drawing No. C-301, Site Utility Plan (1 of 3), Drawing No. C-302, Site Utility Plan (2 of 3), Drawing No. C-303, Site Utility Plan (3 of 3); Drawing No. C-501, Site Landscaping Plan; Drawing No. C-502, Site Landscaping Plan; Drawing No. C-601, Construction Details; Drawing No. C-602, Construction Details; Drawing No. C-603, Construction Details; Drawing No. C-604, Construction Details; Drawing No. C-605, Construction Details; Drawing No. C-606, Construction Details; Drawing No. C-607, Construction Details; Drawing No. C-608, Construction Details; Drawing No. C-609, Construction Details; Drawing No. C-610, Construction Details; Drawing No. C-801, Front Courtyard Site Plan; Drawing No. C-802, Rear Courtyard Site Plan; Drawing No. C-803, Center School Drainage Plan; Drawing No. A-101, Overall First Floor Plan; Drawing No. A-102, Overall Second Floor Plan; Drawing No. A-201, South & East Building Elevations; Drawing No. A-202, East & North Building Elevations and Drawing No. A-203, West Building Elevations


        Whereas, the Zoning Commission has held a duly noticed public hearing on August 9, 2010, and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and from the applicants; and

        Whereas, the Inland Wetlands and Watercourses Commission had previously approved the project with conditions at its October 27, 2009 meeting; and

        Whereas, the proposed activity is permitted by Special Permit under the Old Lyme Zoning Regulations Section 5.14.3.  The Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13A, 13B and Section 5.14.3 of the Regulations and grants the application with the following conditions/modifications:

  • That the hearing record for the previous application, which was approved on November 9, 2009, is incorporated into this hearing record;
  • That the sidewalk and cross walk modifications at Lyme Street are acceptable;
  • That the issue of the “conflict/overlap” of the driveway entrances at Lyme Street and the adjacent property have been satisfactorily resolved with the adjacent property owner;
  • That the temporary construction and safety fencing, construction staging areas and access ways and the temporary modification to the parking, sidewalks and athletic field areas during construction will be coordinated between District 18 and the contractor;
  • That the hours of outdoor construction activities shall be 7:00 a.m. to 5:00 p.m.- 5days/week, Indoor work 7 days/week, no restriction to the hours of work;
  • That the entirety of David Sousa’s letter of March 16, 2010 to Ann Brown, including Attachment 5 (Stormwater Pollution Prevention Plan [SWPPP]) and Attachment 10 (DEP General Stormwater Permit for construction Activity) is made part of this approval;
  • That the applicant provide Department of Environmental Protection approval of the revised grading plan in the area of the leaching field prior to signing of the record plans;
  • That the requirement of submit a bond sufficient for the installation Erosion and Sedimentation Control measures is waived;
  • That the applicant apprise the Old Lyme Land Use Department of schedules for regular and critical inspections to be performed by project consultants;
  • That District 18 staff, project consultants and the contractor coordinate a pre-construction meeting with Land Use Department staff to review critical approval conditions prior to construction;
  • That the applicant submit three (3) sets of the final site plans to the Land Use Department;
  • That two copies of an As-Built plan shall be submitted to the Land Use Department at the completion of the project and prior to receiving a Certificate of Zoning Compliance;
        
        Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of the Zoning Regulations, 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 an e-mail stating that the project is generally consistent with the policies of the Connecticut Coastal Management Act from the Office of Long Island Sound Programs of the Department of Environmental Protection, but with the recommendation that consideration be given to supplementing the structural stormwater methods and that there is monitoring of the sedimentation and erosion control measures.  The Commission also determines that the application and plans 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 for a Special Permit to permit renovations and expansion at Lyme-Old Lyme High School, 69 Lyme Street – Regional School District No. 18, applicant. permit Old Lyme, CT with the conditions/modifications specified.  No further discussion and a vote was taken.  In favor:   J. Cable, P. Looney, J. Marsh, T. Kiritsis, B. Sullivan    Opposed:  None   Abstaining:  None    The motion passed unanimously. 5-0-0

5.  Special Permit Application to permit demolition and reconstruction of dwelling on property located at 42 Breen Avenue, Nicholas DiCorleto, Jr., applicant.  Receive application and set public hearing.   

Jane Marsh recused herself

        A Motion was made by T. Kiritsis, seconded by P. Looney to receive the application and set a public hearing for September 13, 2010.  No discussion and a vote was taken.  In favor:   J. Cable, P. Looney, T. Kiritsis, B. Sullivan    Opposed:  None   Abstaining:  None    The motion passed unanimously. 4-0-0

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.  Receive application and set public hearing.

Jane Marsh recused herself

        A Motion was made by T. Kiritsis, seconded by P. Looney to receive the application and set a public hearing for September 13, 2010.  No discussion and a vote was taken.  In favor:   J. Cable, J. Marsh, P. Looney, T. Kiritsis, B. Sullivan    Opposed:  None   Abstaining:  None    The motion passed unanimously. 4-0-0

7.  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.

8. Approval of Minutes –

Minutes of Public Hearing and Regular Meeting of June 14, 2010

     A Motion was made by J. Marsh, seconded by B. Sullivan to APPROVE the June 14, 2010 Regular Meeting Minutes, with corrections.  No further discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, P. Looney, T. Kiritsis, B. Sullivan   In opposition:  None   Abstaining:  None   The motion passed unanimously. 5-0-0
                                      
Minutes of Public Hearing and Regular Meeting of July 12, 2010

A Motion was made by T. Kiritsis, seconded by P. Looney to APPROVE the July 12, 2010 Regular Meeting Minutes, as submitted. No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, P. Looney, T. Kiritsis, B. Sullivan   In opposition:  None   Abstaining:  None   The motion passed unanimously. 5-0-0

                                                
9.  Any new or old business
        
10.  Correspondence

11.  Zoning Enforcement

a.      Zoning Enforcement Report
b.      Site Inspection Report

12. Miscellaneous/Adjournment                   

        A Motion was made by P. Looney, seconded by T. Kiritsis, to adjourn the August 9, 2010 meeting; the motion passed unanimously and the meeting adjourned at 10:15 p.m.

                                                        

                                                                                        Jane Cable, Chairman