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Zoning Commission Record of Vote 05/09/2011
RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – MAY 9, 2011, 7:30 P.M.
Auditorium of Memorial Town Hall
52 Lyme Street, Old Lyme, CT

1.   Meeting convened at 7:35 p.m.; those present and voting were the following members: Jane Cable, Chairman, Jane Marsh, Secretary, John Johnson, Vice Chairman, arrived at 7:50 p.m. and Pat Looney (Regular Member)

Also present:  Ann Brown, Zoning Enforcement Officer

Absent:  Tom Risom (regular member), Ted Kiritsis (alternate) and Joan Bozek (alternate)

        A Motion to amend the agenda to move item number one under public hearing (100 Shore Road) to a place to be determined when the fourth member arrives was made by P. Looney, seconded by J. Marsh.  No discussion and a vote was taken.  In favor: J. Cable, J. Marsh, P. Looney    In opposition:  None   Abstaining:  None  The motion passed 3-0-0.

        A Motion to amend the agenda to add the following Site Development Plan Application and Municipal Coastal Site Plan Review Application was made by P. Looney, seconded by J. Marsh, as follows:

        4.   Site Development Plan Application and Municipal Coastal Site Plan Review Application to permit construction of an 8,600 s.f., two story office building on the commercial portion of property located at 5-1 Davis Road East, Huntley &  Halls, LLC, owner and Questa Builders, Inc., applicant.  Receive application and set a public hearing.    And renumber remaining items of the agenda.  No discussion and a vote was taken.  In favor: J. Cable, J. Marsh, P. Looney    In opposition:  None   Abstaining:  None  The motion passed 3-0-0.

PUBLIC HEARING:

2.  Special Permit Application to permit additions/renovations to the existing dwelling, which is in excess of 4,000 square feet, at 2 Sill Lane in the Connecticut River Gateway Conservation Zone, James and Hanna Childs, applicants.  

        A Motion was made by P. Looney, seconded by J. Marsh to CLOSE the Public Hearing on the application for 2 Sill Lane, James and Hanna Childs, applicants.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, P. Looney   Opposed:  None   Abstaining:  None    The motion passed unanimously. 3-0-0

CONTINUED PUBLIC HEARINGS:

1. 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.  


        A Motion was made by J. Marsh, seconded by P. Looney to CLOSE the Public Hearing on the petition to Amend the Zoning Regulations as noted, Town of Old Lyme Zoning Commission, applicant.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, P. Looney   Opposed:  None   Abstaining:  None    The motion passed unanimously. 3-0-0

PUBLIC HEARING:

Chairman Cable recused herself for this application; John Johnson, regular member arrived and was seated.

1.  Special Permit Application to allow restaurant liquor permit and to allow guitar/karaoke entertainment on the property located at 100 Shore Road (previously known as Clams), Barbara Woods, applicant.  

        A Motion was made by J. Marsh, seconded by P. Looney to CLOSE the Public Hearing on the application for 100 Shore Road, Barbara Woods, applicant.  No discussion and a vote was taken.  In favor:  J. Marsh, P. Looney, J. Johnson   Opposed:  None   Abstaining:  None    The motion passed unanimously. 3-0-0

REGULAR MEETING

Chairman Cable recused herself for this application; John Johnson, regular member arrived and was seated.

1.  Special Permit Application to allow restaurant liquor permit and to allow guitar/karaoke entertainment on the property located at 100 Shore Road (previously known as Clams), Barbara Woods, applicant.  

        Motion was made by J. Marsh, seconded by P. Looney, as follows:  

Whereas, the Zoning Commission has received application for a Special Permit to allow sale of liquor for on-site consumption in the existing restaurant as a “full service restaurant,” at 100 Shore Road, Old Lyme, CT, under a Restaurant Liquor Permit as defined by General Statutes Section 30-22, and to allow Guitar/Karaoke Entertainment;

Whereas, the Zoning Commission has held a duly noticed public hearing on May 9, 2011, and the commission has had an opportunity to hear testimony both from the public and the applicant; and

Whereas, the proposed use is permitted by Special Permit under the Old Lyme Zoning Regulations Section 14, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 13A and Section 13B and Section 14 of the Regulations with the following conditions:
  • Guitar and Karaoke entertainment is permitted inside the restaurant building and will end by 11:30 p.m. (Acoustics for musicians; microphone for karaoke);
  • No parking cars directly in front of restaurant or on  State land; and
  • Exterior lighting to remain as shown on existing site plan.

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 allow sale of liquor for on-site consumption in the existing restaurant as a “full service restaurant,” at 100 Shore Road, Old Lyme, CT, under a Restaurant Liquor Permit as defined by General Statutes Section 30-22, with Guitar and Karaoke entertainment allowed inside the restaurant building.
No discussion and a vote was taken.  In favor:   J. Marsh, P. Looney, J. Johnson   Opposed:  None   Abstaining:  None    The motion passed unanimously. 3-0-0

2.  Special Permit Application to permit additions/renovations to the existing dwelling, which is in excess of 4,000 square feet, at 2 Sill Lane in the Connecticut River Gateway Conservation Zone, James and Hanna Childs, applicants.    *John Johnson not voting on this application

        Motion was made by J. Marsh, seconded by P. Looney, as follows:  

Whereas, the Zoning Commission has received an application for a Special Permit to allow an addition to a dwelling where the floor area of the buildings on site are in excess of 4,000 square feet in the Conservation Zone (Gateway Zone), for property of James and Hanna Childs located at 2 Sill Lane, including the following drawings titled, “Renovations to the Childs Residence” pages 1-5, and Drawing A showing the site layout.  

Whereas, the Zoning Commission has held a duly noticed public hearing on May 9, 2011 and the commission has had an opportunity to hear testimony both from the public and from the applicants; and

Whereas, the proposed activity (an addition to a residential structure where the floor area of the buildings on site are in excess of 4,000 square feet in the Conservation Zone {Gateway Zone}) is permitted by Special Permit under the Old Lyme Zoning Regulations Sections 4.10.12.3.  The Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13A, 13B and Section 4.10.12 of the Regulations and waives the submission of any additional information which might otherwise not be necessary in order to decide the application but grants with the following conditions and/or modifications required to be added to the final plan:

1.  Retain tree coverage to greatest extent practicable.
2.   The Commission finds this dwelling and any improvements will have no effect on the traditional riverway scene of the Lieutenant River.

        
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;

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 makes the following finding in compliance with Section 4.10.12.3 as stated in item 2 above.

Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for a Special Permit to construct an addition to the dwelling per plans submitted for property at 2 Sill Lane, Old Lyme, CT, with the conditions specified.  No discussion and a vote was taken.  In favor:   J. Cable, J. Marsh, P. Looney   Opposed:  None   Abstaining:  None    The motion passed unanimously. 3-0-0

3.  Special Permit Application to permit a detached screen porch (gazebo) on existing concrete structure on property located at 11 Riverbend Road which in the Connecticut River Gateway Conservation Zone and existing dwelling is in excess of 4,000 square feet, Siesel E. Canaday, Jr., owner – Receive application and set a public hearing.

        A Motion was made by J. Marsh, seconded by J. Johnson to receive the application and set a Public Hearing for June 13, 2011.  No discussion and a vote was taken.  In favor:   J. Cable, J. Marsh, P. Looney, J. Johnson    Opposed:  None   Abstaining:  None    The motion passed unanimously. 4-0-0

4.   Site Development Plan Application and Municipal Coastal Site Plan Review Application to permit construction of an 8,600 s.f., two story office building on the commercial portion of property located at 5-1 Davis Road East, Huntley &  Halls, LLC, owner and Questa Builders, Inc., applicant  – Receive application and set a public hearing.

        A Motion was made by J. Marsh, seconded by J. Johnson to receive the application, including a Special Permit Application and set a Public Hearing for June 13, 2011.  No discussion and a vote was taken.  In favor:   J. Cable, J. Marsh, P. Looney, J. Johnson    Opposed:  None   Abstaining:  None    The motion passed unanimously. 4-0-0

5. 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.  

        A Motion was made by J. Marsh, seconded by J. Johnson, as follows:  

Whereas, the Zoning Commission has submitted a petition to amend the Zoning Regulations with respect to Definition Section 3.71 Floor Area, plus other miscellaneous changes as shown in the attachment which correct omissions and typographical errors;

Whereas, the Zoning Commission has held a duly noticed public hearing on March 14, 2011, continued to April 11, 2011 and further continued to May 11, 2011, and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and others; and

Whereas, the Commission finds that there is sufficient evidence to demonstrate that the proposed changes to the text are appropriate.

Whereas, the Commission finds that the proposed regulation changes will permit the Commission
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;
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, 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

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 as they will be revised are consistent with the goals and policies of the Coastal Management Act;  

Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to the proposed modification to the Zoning Regulations to:  modify Definition Section 3.71 Floor Area, plus other miscellaneous changes as shown on the attachment which correct omissions and typographical errors, with the modifications specified.  The effective date for said regulation changes is June 1, 2011.  No discussion and a vote was taken.  In favor:   J. Cable, J. Marsh, P. Looney, J. Johnson     Opposed:  None   Abstaining:  None    The motion passed unanimously. 4-0-0

6.  Petition to adopt Federal Emergency Management Agency Flood Insurance Rate Maps and adopt changes to Section 4.4.2 Identification of District, Section 4.4.3 Definitions, Section 4.4.5 Base Flood Elevation and
Floodway Data, Section 4.4.6.4 Special Flood Hazard Area, Section 4.4.6.5 Coastal High Hazard Areas, Section 4.4.6.6 Floodways, Section 4.4.6.7 Manufactured Homes, 4.4.9 Variance Procedures and new state requirements for language on Compensatory Storage and Equal Conveyance, as well as above ground storage tanks, portion of structure in flood zone, structures in two flood zones and no structures entirely or partially over water. Public hearing previously set for June 13, 2011 with a July 18, 2011 effective date.

7.  Request to release bond in conjunction with 2008 Zoning Commission approval to satisfy both Zoning and Inland Wetlands concerns for Permit No. 08-465, the Point O’Woods Association, Inc. Water and Sewer System.

        A Motion was made by P. Looney, seconded by J. Marsh to APPROVE the release of the bond of the Point O’ Woods Association, Incorporated Water Pollution Control Authority with the condition that the Zoning Enforcement Officer make a final inspection of the area before release.  No discussion and a vote was taken.  In favor:   J. Cable, J. Marsh, P. Looney, J. Johnson   Opposed:  None   Abstaining:  None    The motion passed unanimously. 4-0-0

8. Approval of Minutes –   Minutes of the Public Hearing and Regular Meeting of April 11, 2011.         
        A Motion was made by J. Johnson, seconded by J. Marsh to APPROVE the Regular Meeting and the Public Hearing Minutes for the April 11, 2011 Meeting.  No discussion and a vote was taken.  In favor:   J. Cable, J. Marsh, P. Looney, J. Johnson   Opposed:  None   Abstaining:  None    The motion passed unanimously. 4-0-0

9.  Any new or old business

10.  Correspondence

11.  Zoning Enforcement

a.      Zoning Enforcement Report
b.      Site Inspection Report

12. Miscellaneous/Adjournment                   
                                                        
        A Motion was made by P. Looney, seconded by J. Johnson, to adjourn the May 9, 2011 meeting.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, P. Looney.  The motion passed unanimously and the meeting adjourned at 8:50 p.m.


                                        Jane Cable, Chairman