OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, May 9, 2011
The Old Lyme Zoning Commission held a Regular Meeting on Monday, May 9, 2011, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were: Jane Cable, Chairman, Jane Marsh, Secretary, and Pat Looney.
Chairman Cable called the meeting to order at 7:30 p.m. She asked for a motion to move Item 1 under Public Hearings further down on the agenda, awaiting the arrival of a fourth voting member and to add the Special Permit/Coastal Site Plan Application for the construction of an office Building, 5-1 Davis Road to the Regular Meeting.
A motion was made by Pat Looney, seconded by Jane Marsh and voted unanimously to amend the agenda to move Item 1 under Public Hearings down on the agenda awaiting the arrival of a fourth voting member and to add the Special Permit/Municipal Coastal Site Plan 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, to the Regular Meeting.
At 7:34 p.m. Chairman Cable recessed the Regular Meeting to conduct the Public
Hearing. Mr. Johnson reconvened the Regular Meeting at 8:19 p.m.
1. Special Permit Application to allow restaurant liquor permit and to allow guitar/karaoke entertainment on property located at 100 Shore Road.
Mr. Johnson asked for discussion. Ms. Marsh indicated that she is in favor of approving the application but would like to see a few conditions on the approval. She indicated that that she would like to ensure there is no noise outside as a result of the karaoke and acoustic entertainment. She indicated that it is not important to her how many evenings a week it would take place. Ms. Marsh stated that she would like a stipulation that there be no parking across the front of the property and that the exterior lighting shall not be changed from the current configuration on the site plan. She noted that the applicant indicated that they will be closing at 11:30; she would like a stipulation that the entertainment ends by 11:30 p.m.
A motion was made by Jane Marsh, seconded by Pat Looney and voted unanimously to approve the Special Permit Application to allow restaurant liquor permit and to allow guitar/karaoke entertainment on property located at 100 Shore Road, 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.
Chairman Cable rejoined the Commission.
2. Special Permit Application to permit additions/renovations to an existing dwelling which is in excess of 4,000 square feet at 2 Sill Lane, in the Connecticut River Gateway Conservation Zone, James and Hannah Childs, applicants.
Ms. Marsh stated that she is in favor of approving this application as it is not in proximity to the Lieutenant River and they would not be disturbing the river scene. Ms. Cable suggested that they be required to maintain the tree coverage to the extent practical. Ms. Brown pointed out that there are findings that the Zoning Commission is asked to consider during deliberations, all of which are listed on the draft motion; she noted that some may not apply to this application. Ms. Cable stated that Torrance Downes indicates in his letter that some are not applicable.
A motion was made by Jane Marsh, seconded by Pat Looney and voted unanimously, 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.
Motion passed 3:0. Mr. Johnson did not participate in this vote as he was not present during the Public Hearing.
3. Special Permit Application to construct 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 Jane Marsh, seconded by John Johnson and voted unanimously to receive the application and set the Public Hearing for June 13, 2011.
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.
Ms. Brown stated that the application just arrived in the Zoning office so she is not sure whether it will require a Special Permit and asked that they advertise Site Plan Application and/or Special Permit Application/Coastal Site Plan Application.
A motion was made by John Johnson, seconded by Pat Looney and voted unanimously to receive the application and set it for the June 13, 2011 Public Hearing.
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 Jane Marsh, seconded by John 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.
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.
The Public Hearing for this item is set for the June 13, 2011 Regular Meeting.
Ms. Brown noted that the Public Hearing has been set for June. She indicated that the changes must be effective by July 15, 2011. No other action taken.
7. Point ‘O Woods – Release of Bond
Chairman Cable stated that Point ‘O Woods has requested that there 25,000.00 bond be released because all that can be done by the WPCA has been done and the connections are the responsibility of the homeowners. Ms. Brown stated that she spoke with their engineer. She noted that the Wetlands Commission must also visit the site. Ms. Brown stated that they are almost ready for release of the bond.
A motion was made by Pat Looney, seconded by Jane Marsh and voted unanimously to approve 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.
8. Approval of Minutes – Minutes of Public Hearing and Regular Meeting of March 14, 2011
A motion was made by John Johnson, seconded by Pat Looney and voted to approve the Public Hearing minutes and the Regular Meeting minutes of the April 11, 2011.
9. Any new or old business
Ms. Brown asked the Commission to consider the seasonal/year round designations process. Mr. Looney stated that he would like to put it on the table and make a final decision. Ms. Brown explained that there is a time limit of September 3, 2011 to complete the determination process. She noted that to date, no determinations have gone out that are not in agreement with the property owner. Ms. Brown noted that any appeal of a determination would go to the Zoning Board of Appeals. She noted that they have sent out approximately 900 determinations.
Mr. Johnson questioned how many of the 900 were always year round. Ms. Brown stated that that is hard to answer for several reasons. Ms. Cable stated that she will discuss this with the two Attorneys and Mr. Griswold and report back to the Commission.
10. Correspondence
None
11. Zoning Enforcement
a. Zoning Enforcement Report
None.
b. Site Inspection Report
None.
12. Miscellaneous/Adjourn
The Meeting adjourned at 8:49 p.m. on a motion by Pat Looney; seconded by John Johnson and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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