RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – February 14, 2011, 7:30 P.M.
Memorial Town Hall
52 Lyme Street
1. Meeting convened at 7:30 p.m.; those present and voting were the following members: Jane Cable, Chairman, John Johnson, Vice Chairman, Jane Marsh, Secretary, Pat Looney (regular members) and Ted Kiritsis (alternate)
Also present: Joan Bozek (alternate) and Ann Brown, Zoning Enforcement Officer
Absent: Tom Risom
REGULAR MEETING
Voting for this application was Jane Cable, Jane Marsh and Pat Looney
1. 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 to APPROVE was made by J. Marsh, seconded by P. Looney, as follows:
Whereas, the Zoning Commission has received an application for a Special Permit to permit approval of an open-air summer pavilion constructed behind the existing dwelling at 14 Walnut Road, dated December 6, 2010, with accompanying transmittal letter, statement of use, “Record Drawing prepared for Gregory & Kimberly E. Massicotte, 14 Walnut Road, Point ‘O’ Woods – Old Lyme, Connecticut” prepared by Tarbell, Heintz & Assoc., Inc. dated June 26, 2009 and an Architectural Drawing entitled “Plan Pavilion” dated 2/7/09.
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 applicant; and
Whereas, the Zoning Commission at its January 10, 2011 meeting made a motion to grant the following waivers:
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
Whereas, the proposed activity is permitted by Special Permit under the Old Lyme Zoning Regulations section 9.1.3.2, Exceptions to General Rule by Special Permit by the Commission. The Commission finds that the applicant has sufficient evidence to demonstrate compliance with the standards of Sections 13B and Section 9.1.3.2 of the Regulations as written in the Zoning Regulations and grants with the following conditions:
1. There shall be no exterior lighting on the structure.
2. Any interior lighting shall be extinguished after 11:00 p.m.
3. Work on the structure done while Cease and Desist Issued will need proper permitting and inspections, i.e. propane tanks, roofing, etc.
4. The arborvitae trees along the property line between 14 and 16 Walnut shall be added to and continually maintained to provide screening between the properties.
5. Add six (6) feet to the height of the existing chimney to dissipate smoke.
6. Maintain hot (non-smoldering) fires of seasoned wood in the fireplace and wood-fired oven.
7. Remove the spotlight from the rear of the house.
8. Place solid screen around gas tank.
9. No lights to be installed on the exterior of the pavilion along the side next to the Burlinghams.
Whereas, the Commission finds that the applicant 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 for an open-air summer pavilion constructed behind the existing dwelling at 14 Walnut Road. No further discussion and a vote was taken. In favor: J. Marsh, J. Cable, P. Looney In opposition: None Opposed: None The Motion passed unanimously. 3-0-0
2. Special Permit/Municipal Coastal Site Plan Application to permit construction of a new 4 bedroom residence in the Gateway Zone in excess of 4,000 square feet; and a Special Permit Application for the existing house to be converted and used as a one bedroom accessory apartment on property located at 62 Buttonball Road, Alex and Patrice Romeo, applicants.
A Motion was made by J. Marsh, seconded by P. Looney to receive the Special Permit/Municipal Coastal Site Plan Application for 62 Buttonball Road, Alex and Patrice Romeo and schedule a public hearing for March 14, 2011. No discussion and a vote was taken. In favor: J. Cable, J. Johnson, J. Marsh, P. Looney, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
3. Town of Old Lyme Petition to Amend the Zoning Regulations: Definition Section 3.72 Floor Area; Section 8.1.1 Measurement of Total Floor Area; New Section 9.3.1a Nonconformity of number of Stories; plus other miscellaneous “housekeeping” changes as noted in the Petition on file in the Land Use office. Public Hearing scheduled for March 14, 2011
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). Public Hearing scheduled for March 14, 2011
5. Approval of Minutes – Minutes of Public Hearing and Regular Meeting of December 13, 2010
Minutes of Public Hearing and Regular Meeting of January 10, 2011
Minutes of Special Meeting January 24, 2011
A Motion was made by J. Johnson, seconded by P. Looney to APPROVE the Public Hearing minutes and the Regular meeting minutes for the December 13, 2010 Meeting, as submitted. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, J. Johnson, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
A Motion was made by J. Johnson, seconded by P. Looney to APPROVE the Minutes of the Special Meeting of January 24, 2011, as submitted. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, P. Looney, J. Johnson, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
6. Any new or old business
a. General discussion re Mr. Chontos, property located at 36 Neck Road and a proposal to build a “boathouse” and the definition of.
b. Preliminary discussion with Bob Doane for multi-family apartments at 77 Lyme Street, the 39 acre parcel located across the street from The Lyme Art Academy.
c. Review of By-Laws
A Motion was made by J. Marsh, seconded by P. Looney, to continue with the current By-Laws as written . No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, P. Looney, T. Kiritsis. The motion passed unanimously. 5-0-0
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 February 14, 2011 meeting. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, P. Looney, T. Kiritsis. The motion passed unanimously and the meeting adjourned at 10:00 p.m.
Jane Cable, Chairman
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