RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – December 13, 2010, 7:30 P.M.
Memorial Town Hall
52 Lyme Street
1. Meeting convened at 7:38 p.m.; those present and voting for the first continued hearing were regular members, Tom Risom, Vice Chairman, Jane Marsh, Secretary, Pat Looney and Joan Bozek (alternate).
Jane Cable, Chairman, John Johnson and Ted Kiritsis (alternate) arrived at 7:50 p.m.
Also present: Ann Brown, Zoning Enforcement Officer and Kim Barrows, Admin. Assistant
Absent: and Beth Sullivan (alternate)
CONTINUED PUBLIC HEARING
Tom Risom was acting Chair until Jane Cable took over for the second public hearing and all regular members were seated.
1. Special Permit Application to permit demolition and reconstruction of dwelling on property located at 42 Breen Avenue, Nicholas DiCorleto, Jr., applicant.
A Motion was made by J. Marsh, seconded by J. Bozek to CLOSE the Public Hearing on the application for 42 Breen Avenue, DiCorleto. No discussion and a vote was taken. In favor: T. Risom, J. Marsh, P. Looney, J. Bozek Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
2. Special Permit Application to remodel existing 3 bedroom residence, add new master bedroom with relocated bathroom and install new 1,000 gal. septic tank on property located at 16 Washington Avenue, John and Joanna Camilli, applicants.
A Motion was made by J. Marsh, seconded by P. Looney to CLOSE the Public Hearing on the application for 16 Washington Avenue, John and Joanna Camilli. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, T. Risom, J. Johnson Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
REGULAR MEETING
1. Special Permit Application to permit demolition and reconstruction of dwelling on property located at 42 Breen Avenue, Nicholas DiCorleto, Jr., applicant.
A Motion was made by T. Risom, seconded by J. Marsh to TABLE the vote on the decision to January 10, 2011 pending review by Zoning Commission staff, including Mr. Metcalf, at which time a negative review would kill the project on our staff’s recommendation, unless there is just minor change required.
No discussion and a vote was taken . In favor: T. Risom, J. Marsh, P. Looney, J. Bozek Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
2. Special Permit Application to remodel existing 3 bedroom residence, add new master bedroom with relocated bathroom and install new 1,000 gal. septic tank on property located at 16 Washington Avenue, John and Joanna Camilli, applicants.
A Motion was made by T. Risom, seconded by J. Johnson to APPROVE the Special Permit application to remodel existing 3 bedroom residence at 16 Washington Avenue now that the Sanitarian has given approval in his letter of December 13, 2010.
Whereas, the Zoning Commission has received an application for a Special Permit approval to remodel the existing 3 bedroom residence at 16 Washington Avenue in accordance with the following documents submitted with the Special Permit Application: “Property Survey Map depicting property of Pasquale & Lorraine W. Camilli & John P. & Joanna Camilli 16 Washington Avenue Old Lyme Connecticut dated October 3, 2010 prepared by Rowley, Hendricks and Associates, LLC”, “Site Plan of Proposed Changes and Additions to Camilli Residence prepared by J.W. Flower dated October 12, 2010 maps and “Elevations and Section map prepared by J.W. Flower dated October 12, 2010.
Whereas, the Zoning Commission has held a duly noticed public hearing on November 8, 2010 and on December 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 is permitted by Special Permit under the Old Lyme Zoning Regulations Sections 9.1.3.2, and the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13B and Section 9.1.3.2 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 remodel existing 3 bedroom residence at 16 Washington Avenue in accordance with Section 9.1.3.2, as per plans submitted for property at 16 Washington Avenue, Old Lyme, CT. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, T. Risom, J. Johnson Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
3. Site Development Plan Modification Application to permit facility to tutor students on property located at 19 Halls Road, Units 104 & 105, Chauhdry Habib Sultan d/b/a Tutelage, LLC, applicant. Receive application and take action.
A Motion was made by T. Risom, seconded by P. Looney to require a Special Permit Application be completed and schedule the public hearing for January 10, 2011 for educational and/or office space. No discussion and a vote was taken. In favor: J. Cable, T. Risom, J. Johnson, P. Looney In opposition: None Abstaining: J. Marsh The motion passed. 4-0-1
4. Special Permit Application to permit approval of an open-air summer pavilion constructed behind the existing dwelling on property located at 14 Walnut Road, Gregory and Kimberly Massicotte, applicants. Receive application and set public hearing.
A Motion was made by T. Risom, seconded by J. Johnson to receive the application and set a public hearing for January 10, 2011. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom, P. Looney, J. Johnson Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
5. Approval of Minutes
– Minutes of Public Hearing and Regular Meeting of October 13, 2010
- Minutes of Special Meeting of October 18, 2010
- Minutes of Special Meeting of November 3, 2010
- Minutes of Public Hearing and Regular Meeting of November 8, 2010
A Motion was made by T. Risom, seconded by P. Looney to APPROVE as submitted all six sets of minutes noted above. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom, J. Johnson, P. Looney In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
6. Any new or old business
a. Election of Officers
A Motion was made by T. Risom, seconded by P. Looney to nominate the following slate of officers - Jane Cable as Chairman, John Johnson as Vice Chairman and Jane Marsh as Secretary. No discussion and a vote was taken and the nominations closed. No discussion and a vote was taken. In favor: J. Cable, T. Risom, J. Marsh, P. Looney, J. Johnson In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
A Motion was made by T. Risom, seconded by P. Looney to elect the following slate of officers - Jane Cable as Chairman, J. Johnson as Vice Chairman and Jane Marsh as Secretary. No discussion and a vote was taken. In favor: J. Cable, T. Risom, J. Marsh, P. Looney, J. Johnson In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
b. Review of By-Laws
A Motion was made by J. Johnson, seconded by T. Risom to TABLE discussion of the By-laws for the Zoning Commission to the January 10, 2011 Regular Meeting. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom, J. Johnson, P. Looney In opposition: None Abstaining: None The motion passed unanimously. 5-0-0
7. Correspondence - None
8. Zoning Enforcement
a. Zoning Enforcement Report - None
b. Site Inspection Report - None
9. Executive Session to commence at approximately 8:30 p.m. to discuss litigation involving a civil action in the U.S. District Court dated November 29, 2010 regarding the seasonal dwelling registry which involves 42 Old Lyme property owners as Plaintiffs, citing the Town of Old Lyme, the Old Lyme Zoning Commission, 13 past and present Old Lyme Zoning Commission Members individually and the First Selectman individually, as Defendants.
Chairman Cable asked for a motion to go into Executive Session to discuss litigation involving a civil action in the U.S. District Court dated November 29, 2010 regarding the seasonal dwelling registry which involves 42 Old Lyme property owners as Plaintiffs, citing the Town of Old Lyme, the Old Lyme Zoning Commission, 13 past and present Old Lyme Zoning Commission Members individually and the First Selectman individually, as Defendants.
The Chairman then invited the Board of Selectmen to join the meeting and be a part of the Executive Session. The following members of the Board of Selectmen were present: Tim Griswold, Bonnie Reemsnyder and Skip Sibley. Also present were Attorney Eric Knapp, counsel for the Commission and Attorney Tom Gerarde of Howd & Ludorf, counsel for the Town’s Insurance Company. As well as the Regular Members, Ann Brown the Zoning Enforcement Officer and Kim Barrows, Clerk were also in attendance.
The Chairman then asked for a motion to go into Executive Session. The following motion was made:
A Motion was made by J. Johnson, seconded by J. Marsh to go into Executive Session at 8:50 p.m. and to allow those seated at the table and previously noted to be included in the Executive Session. A vote was taken: In favor: J. Cable, T. Risom, J. Johnson, P. Looney In Opposition: None Abstaining The Motion passed unanimously.
The Zoning Commission members and those invited to attend went into Executive Session at 8:50 p.m.
The following vote was taken to come out of Executive Session at 10:25 p.m.:
A Motion was made by J. Johnson, seconded by J. Marsh, to leave the Executive Session at 10:25 p.m. A vote was taken and those present came out of Executive Session.
Chairman Cable stated that during the Executive Session those present made no decisions, took no votes, and no action was taken.
10. Miscellaneous/Adjournment
A Motion was made by P. Looney, seconded by T. Risom, to adjourn the December 13, 2010 meeting. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom, P. Looney, J. Johnson. The motion passed unanimously and the meeting adjourned at 10:28 p.m.
Jane Cable, Chairman
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