RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Wednesday – October 13, 2010, 7:30 P.M.
Memorial Town Hall
52 Lyme Street
1. Convene Meeting; present and voting were regular members, Jane Marsh, Secretary, Tom Risom, Acting Chairman, Pat Looney and Joan Bozek (alternate).
Also present: Ann Brown, Zoning Enforcement Officer
Absent: Jane Cable, Chairman, John Johnson, Ted Kiritsis (alternate) and Beth Sullivan (alternate)
CONTINUED PUBLIC HEARINGS
1. Special Permit Application to permit demolition and reconstruction of dwelling on property located at 42 Breen Avenue, Nicholas DiCorleto, Jr., applicant.
A letter dated October 13, 2010 from Attorney Paul Geraghty requesting that the Zoning Commission continue the public hearing for 42 Breen Avenue.
A Motion was made by J. Marsh, seconded by J. Bozek to CONTINUE the Public Hearing on the application for 42 Breen Avenue, DiCorleto to the NOVEMBER 8, 2010 REGULAR MEETING. No discussion and a vote was taken. In favor: J. Marsh, P. Looney, T. Risom, J. Bozek Opposed: None Abstaining: None The motion passed. 4-0-0
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. Marsh recused herself]
A Motion was made by J. Bozek, seconded by P. Looney to CLOSE the Public Hearing on the application for 52 Brighton Road, Jane Marsh. No discussion and a vote was taken. In favor: P. Looney, T. Risom, J. Bozek Opposed: None Abstaining: None The motion passed. 3-0-0
REGULAR MEETING
1. 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 MONDAY, NOVEMBER 8, 2010
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 .
A Motion was made by P. Looney, seconded by J. Bozek to GRANT the Special Permit/Coastal Area Management Application for 52 Brighton Road, Old Lyme, CT as follows:
Whereas, the Zoning Commission has received applications for a Special Permit and Coastal Site Plan approval, for property of Jane Marsh at 52 Brighton Road, with plans entitled “Record Subdivision Plan Land of Sylvia L.E.M.D. Marsh Old Shore Road & Brighton Road Old Lyme, Connecticut dated: August 25, 1998, Scale: 1”=100’; Sheet 1 of 1 revisions: 5/26/99, 7/9/99 Prepared by Angus McDonald/Gary Sharpe & Associates, Inc.”; Sheets S-1 through S-5 with Tower Elevation S-1, foundation details I (S-2), II (S-3), General Notes (S-4), Foundation Notes (S-5),
Whereas, the Zoning Commission has held a duly noticed public hearing on September 13, 2010 which was continued to October 13, 2010, and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and from the applicant; and
Whereas, the proposed activity is permitted by Special Permit under the Old Lyme Zoning Regulations Section 11.13, Alternative Energy Systems, and the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions in Section 13B of the Regulations with the following conditions required to be added:
1. Any stockpiled material shall be protected with silt fencing or other suitable manner.
2. All disturbed areas shall be topsoiled, seeded and mulched immediately after backfilling the tower
foundation.
3. Structural and foundation review is within the purview of the Building Official through the
building permit process.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of the Zoning Regulations, in particular acknowledge that the applicant has worked with the abutting neighbors to assure that noise will not become a nuisance, that the proposed use, and other structure 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;
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, 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 are consistent with the goals and policies of the Coastal Management Act and that potential adverse impacts including noise are minimized and acceptable;
Whereas, the Zoning Commission has deliberated and considered the evidence presented at the hearings 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 and Coastal Site Plan to permit a wind turbine as per plans submitted at 52 Brighton Road, Old Lyme, CT, with the conditions specified: In favor: T. Risom, P. Looney, J. Bozek In opposition: None Abstaining: None The Motion passed unanimously.
3. 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.
A Motion to amend the agenda to include receiving and setting a public hearing for Special Permit Application submitted by John and Joanna Camilli for 16 Washington Avenue was made by J. Marsh and seconded by J. Bozek. The motion passed unanimously.
4. Special Permit Application to completely remodel existing 3 bedroom residence and add a new master bedroom and relocate bath at 16 Washington Avenue, John and Joanna Camilli, applicants.
A Motion was made by J. Marsh, seconded by J. Bozek to receive the application and set a Public Hearing for November 8, 2010. No discussion and a vote was taken. In favor: J. Marsh, P. Looney, T. Risom, J. Bozek Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
5. Approval of Minutes – September 13, 2010 Meeting deferred to the November 8, 2010 meeting
6. Any new or old business
7. Correspondence
8. Zoning Enforcement
a. Zoning Enforcement Report
b. Site Inspection Report
9. Miscellaneous/Adjournment
A Motion was made by J. Marsh, seconded by P. Looney, to adjourn the October 13, 2010 meeting. No discussion and a vote was taken. In favor: J. Marsh, T. Risom, P. Looney, J. Bozek. The motion passed unanimously and the meeting adjourned at 10:04 p.m.
Tom Risom, Acting Chairman
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