RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – September 13, 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, John Johnson, Ted Kiritsis (alternate) and Joan Bozek (alternate) who arrived at 7:45 p.m. [Please note that voting members changed for some of the applications]
Also present: Ann Brown, Zoning Enforcement Officer
Absent: Beth Sullivan (alternate)
CONTINUED PUBLIC HEARING
1. 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 J. Marsh, seconded by P. Looney to CLOSE the Public Hearing on the application to create a seasonal porch on property at 76-1 Hartford Avenue. No discussion and a vote was taken. In favor: J. Cable, P. Looney, J. Marsh, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
PUBLIC HEARINGS
1. Special Permit Application to permit demolition and reconstruction of dwelling on property located at 42 Breen Avenue, Nicholas DiCorleto, Jr., applicant. [Seated, J. Cable, J. Marsh, P. Looney, J. Johnson, T. Risom]
A Motion was made by T. Risom, seconded by P. Looney to CONTINUE the Public Hearing on the application for 42 Breen Avenue, DiCorleto to the OCTOBER 13, 2010 REGULAR MEETING. No discussion and a vote was taken. In favor: J. Cable, P. Looney, T. Risom Opposed: None Abstaining: None The motion passed. 3-0-0
2. Special Permit Application and Coastal Site Plan Review Application to permit an alternative energy system (Wind turbine) on property located at 52 Brighton Road, Jane Marsh, applicant. [J. Cable, J. Bozek, J. Johnson, T. Risom, P. Looney]
A Motion was made by T. Risom, seconded by P. Looney to CONTINUE the Public Hearing on the application for 52 Brighton Road, Jane Marsh to the OCTOBER 13, 2010 REGULAR MEETING. No discussion and a vote was taken. In favor: J. Cable, P. Looney, T. Risom Opposed: None Abstaining: None The motion passed. 3-0-0
A Motion was made by T. Risom, seconded P. Looney to amend the agenda to include as item number 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 and renumber the agenda. No discussion and a vote was taken: In favor: J. Cable, T. Risom, P. Looney, J. Marsh, J. Johnson 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. [seated J. Cable, J. Marsh, P. Looney, T. Kiritsis
A Motion to DENY was made by J. Marsh, seconded by T. Kiritsis as follows:
Whereas, the Zoning Commission has received an application for a Special Permit/Coastal Site Plan approval to permit demolition of existing house and construction of new house in a more conforming location in accordance with Section 9.4 of the Zoning Regulations, including existing and proposed house plans and a map entitled “Map showing property located at 3 Sea Lane Old Lyme, CT prepared for Cheryl & Onofrio Patafio dated June 3, 2010, revised through 8/5/10, Scale 1” = 10’ and prepared by David M. Coonrod LLS, CT # 13298.”
Whereas, the Zoning Enforcement Officer, the Department of Environmental Protection – Office of Long Island Sound, the Town’s Engineer, and the Commission Attorney have provided comments with respect to the plans submitted.
Whereas, the Zoning Commission has held a duly noticed public hearing on July 12, 2010 and 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 proposed activity (replacement of the Non-conforming house to achieve improvement) is permitted by Special Permit under the Old Lyme Zoning Regulations Sections 9.4;
However, the Commission finds that the applicant has not provided evidence to demonstrate that there is no increase in the Nonconformity of Buildings and other Structures as required by Section 9.4 of the Zoning Regulations; specifically, the area of Two Stories is proposed to be expanded in the proposed house beyond the area in the existing house, and this is an expansion of a Nonconformity;
Now therefore, because the Commission does not find that the applicant has demonstrated compliance with the Standards of the Zoning Regulations, be it resolved that the Old Lyme Zoning Commission DENIES approval for a Special Permit to permit demolition of existing house and construction of new house in a more conforming location, as per plans submitted and approves the Municipal Coastal Site Plan Review Application for property at 3 Sea Lane, Old Lyme, CT, no further discussion and a vote was taken. In Favor: J. Cable, J. Marsh, P. Looney, T. Kiritsis. In Opposition: None Abstaining: None The Motion to DENY passed unanimously.
4-0-0
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. [seated, J. Cable, J. Marsh, P. Looney, T. Kiritsis]
A Motion for Approval made by T. Kiritsis, seconded by J. Marsh as follows:
Whereas, the Zoning Commission has received an application for a Special Permit approval to permit repair of existing deck and enclosing it with a roof and windowed walls to create a seasonal porch in accordance with Section 5.13.3 and submitted the following documents: a copy Zoning Compliance Permit Application, copy of Section 5.13 Sound View Village District regulations, statement of use, drawings, Map showing condominiums of OLRD 70, 72, 74, 76, 78, 76-1, 78-1 Hartford Avenue Old Lyme, Conn., Scale 1” = 10’ August, 1986 and 3 photos.
Whereas, the Zoning Enforcement Officer acting as an AICP Planner and Health Department provided comments with respect to the plans submitted.
Whereas, the Zoning Commission has held a duly noticed public hearing on August 9, 2010 and on September 13, 2010, and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and from the applicants; and
Whereas, the proposed activity (repair of existing deck and enclosing it with a roof and windowed walls to create a seasonal porch) is permitted by Special Permit under the Old Lyme Zoning Regulations Sections 5.13.3, and the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13A, 13B and Section 5.13.3 of the Regulations.
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:
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; 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
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for a Special Permit to permit repair of existing deck and enclosing it with a roof and windowed walls to create a seasonal porch in accordance with Section 5.13.3, as per plans submitted for property at 76-1 Hartford Avenue, Old Lyme, CT. No further discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, T. Kiritsis In opposition: None Abstaining: None The motion passed unanimously 4-0-0
3. Special Permit Application to permit demolition and reconstruction of dwelling on property located at 42 Breen Avenue, Nicholas DiCorleto, Jr., applicant – PUBLIC HEARING CONTINUED TO WEDNESDAY, OCTOBER 13, 2010
4. Special Permit Application and Coastal Site Plan Review Application to permit an alternative energy system (Wind turbine) on property located at 52 Brighton Road, Jane Marsh, applicant – PUBLIC HEARING CONTINUED TO WEDNESDAY, OCTOBER 13, 2010
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 – No action at this time.
6. Approval of Minutes – Minutes of Special Meeting of July 26, 2010
Minutes of Public Hearing and Regular Meeting of August 9, 2010
A Motion was made by T. Risom, seconded by J. Marsh to APPROVE the Minutes of the Special Meeting of July 26, 2010 and the Minutes of the Public Hearing and Regular Meeting of August 9, 2010. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom, P. Looney, J. Johnson In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
7. Any new or old business
8. Correspondence
9. Zoning Enforcement
a. Zoning Enforcement Report
1) Interpretation of Section 3.2 number 188 (Story, half) of the Zoning Regulations. Jeffrey Flower, Architect to present demonstration to the Commission. DISCUSSION CONTINUED TO OCTOBER 13, 2010
b. Site Inspection Report
10. Miscellaneous/Adjournment
A Motion was made by J. Johnson, seconded by T. Kiritsis, to adjourn the September 13, 2010 meeting. No discussion and a vote was taken. In favor: J. Johnson, J. Marsh, T. Risom, T. Kiritsis. The motion passed unanimously and the meeting adjourned at 11:00 p.m.
Jane Cable, Chairman
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