Skip Navigation
This table is used for column layout.
Zoning Commission Record of Vote 01/10/2011
RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR  MEETING
Monday – January 10, 2011, 7:30 P.M.
Memorial Town Hall
52 Lyme Street

1.   Meeting convened at 7:35 p.m.; those present and voting were regular members, Jane Cable, Chairman, Tom Risom, Jane Marsh, Secretary and Pat Looney

Also present:  Kim Barrows, Zoning Assistant

Absent:  John Johnson, Vice Chairman, Joan Bozek (alternate), Ted Kiritsis (alternate) and Ann Brown, Zoning Enforcement Officer

PUBLIC HEARING

1.  Special Permit Application to permit educational and/or office use (tutoring) on property located at 19 Halls Road, Units 104 & 105, Chauhdry Habib Sultan d/b/a Tutelage, LLC, applicant.  

        A Motion was made by P. Looney, seconded by T. Risom to CLOSE the Public Hearing on the application for 19 Halls Road, Units 104 & 105, Chauhdry Habib Sultan, applicant.  No discussion and a vote was taken.  In favor:  J. Cable, T. Risom, J. Marsh, P. Looney    Opposed:  None   Abstaining:  None    The motion passed unanimously. 4-0-0

2.  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.  

        A Motion was made by T. Risom, seconded by P. Looney to CLOSE the Public Hearing on the application for 14 Walnut Road, Gregory and Kimberly Massicotte, applicants.  No discussion and a vote was taken.  In favor:  J. Cable, T. Risom, J. Marsh, P. Looney    Opposed:  None   Abstaining:  None    The motion passed unanimously. 4-0-0

REGULAR MEETING

1.  Special Permit Application to permit demolition and reconstruction of dwelling on property located at 42 Breen Avenue, Nicholas DiCorleto, Jr., applicant.  

Motion to APPROVE made by T. Risom, seconded by P. Looney, and voted as follows:
Whereas, the Zoning Commission has received an application for a Special Permit to remove existing structure and install a suitable house not to exceed one and one-half stories at 42 Breen Avenue, dated 7/27/10, with accompanying transmittal letter, proposed house design and floor plan, a certification of the proposed height of the new house, IWWC permit, and a copy of a Year-Round Use determination which was recorded on 8/26/99.  The following plans are attached  - “Site Plan dated 2/24/09 revised to 12/10/10, prepared by Buck & Buck, LLC”, “Floor Area Computations, House Sections for Nicholas J. DiCorleto, Jr. 42  Breen  Avenue” dated October 5, 2010 and revised to 12/10/10, prepared Buck & Buck, LLC” and “Property Survey dated December 27, 1999 and revised to 4/11/03 prepared by Angus McDonald Gary Sharpe & Associates, Inc.   

Whereas, the Zoning Commission has held a duly noticed public hearing on September 13, 2010, continued to October 13, 2010, November 8, 2010 and further continued to December 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 9.4, Modification of Non-conformity to Achieve Improvements .  The Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13B and Section 9.4 of the Regulations as follows:

1.  The proposed construction shall result in a general improvement of the Lot with regard to safe
access and suitable drainage, and in overall compliance with the Zoning Regulations;

2.  There is no increase proposed in the Nonconformity of Buildings and other Structures and site improvements;  the proposed house is more conforming as to rear setback and other setbacks;
        

With the following conditions and/or modifications required to be added to the final plan:

        1.  The existing well shall be shall be sealed;

                2.  This house is a Year-Round Use Dwelling;

                3. That the applicant submit proper house plans to the Zoning Enforcement to confirm that the proposed dwelling is in compliance with all applicable Zoning Regulations prior to recording the Certificate of Decision on the Land Records.

                4.  Silt fencing be placed along the disturbance limits on the Montano property.

                5.  The foundation be field staked by a land surveyor prior to construction and an as-built survey of the foundation location be submitted to the Town prior to the construction of the house.

                6.  The burial of construction debris is not allowed.

                7.  The proposed front porch shall never become enclosed.  

        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 APPROVES the Special Permit to remove existing structure and install a suitable house not to exceed one and one-half stories, and in compliance with the plans submitted, at 42 Breen Avenue Old Lyme, CT, with the modifications and conditions specified.  No discussion and a vote was taken:  In favor:  J. Cable, T. Risom, J. Marsh, P. Looney   Opposed:  None Abstaining: None  The motion passed unanimously. 4-0-0

2.  Special Permit Application to permit educational and/or office use (tutoring) on property located at 19 Halls Road, Units 104 & 105, Chauhdry Habib Sultan d/b/a Tutelage, LLC, applicant.  

Motion to APPROVE made by J. Marsh, seconded by T. Risom and voted as follows:
                Whereas, the Zoning Commission has received an application for a Special Permit approval to permit educational and/or office use (tutoring) on the property known as 19 Halls Road, Units 104 & 105 dated December 15, 2010 with Statement of Use, Floor Plan and Mortgage Survey for Amato Properties, LLC, #19 Halls Road (U.S. Route 1) Old Lyme, CT Scale 1” = 40’ Date: 12-07-2001 Revised: 1-02-02.

                Whereas, the Zoning Commission has held a duly noticed public hearing on January 10, 2011 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 5.10.3, and the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13B and Section 5.10.3 of the Regulations with the following conditions:
        1.  In accordance with the Fire Marshal letter dated January 10, 2011 –  a) No more than 24 persons as based upon the available net square footage of the two rental units; b) provide Fire Marshal with an updated floor plan accurately quantifying the proposed occupant load as defined in Section 1004.1.2 of the  CT Fire Safety Code.

        2.      The hours of operation will be 10:00 a.m. to 8:00 p.m., six days a week.

                
        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 educational and/or office use (tutoring) on the property known as 19 Halls Road, Units 104 & 105 which is in accordance with Section 5.10.3 of the Zoning Regulations.   No discussion and a vote was taken:  In favor:  J. Cable, T. Risom, J. Marsh, P. Looney   Opposed:  None Abstaining: None  The motion passed unanimously. 4-0-0

3.  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.  

        A Motion was made by T. Risom, seconded by P. Looney to Accept the application with the following waivers:  13A.2.9 Soil Erosion and Sediment Control Plan; 13A.2.11 Traffic Impact Report; 13A.2.12 Additional Reports; 13A.2.13 Other for 14 Walnut Road, Gregory and Kimberly Massicotte, applicants.  No discussion and a vote was taken.  In favor:  J. Cable, T. Risom, J. Marsh, P. Looney    Opposed:  None   Abstaining:  None    The motion passed unanimously. 4-0-0

        A Motion was made by P. Looney, seconded by J. Marsh to defer the decision and discuss further 14 Walnut Road to the February 14, 2011 Regular Meeting.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, P. Looney    Opposed:  T. Risom   Abstaining:  None    The motion passed. 3-1-0

4.  South Lyme Property Owners Association petition to amend the text of the Zoning Regulations, Section 11.19A.4 (list of South Lyme Property Owners Association).  

        A Motion was made by J. Marsh, seconded by T. Risom to receive the petition to amend the regulations, Section 11.19.A.4 and schedule a public hearing for March 14, 2011.  No discussion and a vote was taken.  In favor:  J. Cable, T. Risom, J. Marsh, P. Looney    Opposed:  None   Abstaining:  None    The motion passed unanimously. 4-0-0

5. Approval of Minutes –   Minutes of Public Hearing and Regular Meeting of December 13, 2010
                                                
6.  Any new or old business

        a.  Review of By-Laws  - A Motion T. Risom, seconded by P. Looney to defer the discussion on the By-Laws until the February 14, 2011 Regular Meeting.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, T. Risom, P. Looney.  The motion passed unanimously. 4-0-0

7.  Correspondence

8.  Zoning Enforcement

        a.      Zoning Enforcement Report – In the absence of Ann Brown the Zoning Enforcement Officer, Kim Barrows handed out several changes to the Zoning Regulations that should be considered.  The Commission did a cursory review, and decided to discuss further at the February Regular Meeting.  

        A Motion was made by T. Risom, seconded by P. Looney to hold a public hearing on the proposed changes at the March 14, 2011 Regular Meeting but to discuss further at the February 14, 2011 Regular Meeting.   No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, T. Risom, P. Looney.  The motion passed unanimously. 4-0-0

        b.      Site Inspection Report - None

9. Miscellaneous/Adjournment                    

        A Motion was made by P. Looney, seconded by J. Cable, to adjourn the January 11, 2011 meeting.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, T. Risom, P. Looney.  The motion passed unanimously and the meeting adjourned at 9:55 p.m.


                                                        Jane Cable, Chairman