RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – AUGUST 8, 2011, 7:30 P.M.
Auditorium of Memorial Town Hall
52 Lyme Street, Old Lyme, CT
1. Meeting convened at 7:30 p.m.; those present and voting were the following members: Jane Cable, Chairman, Jane Marsh, Secretary, John Johnson (arrived at 8:12 p.m.), Vice Chairman, Tom Risom (Regular Member) and Pat Looney (Regular Member)
Also present: Joan Bozek (Alternate), Ted Kiritsis (Alternate) and Ann Brown, Zoning Enforcement Officer
CONTINUED PUBLIC HEARING:
Seated for 5-1 Davis Road East are J. Bozek, T. Kiritsis, J. Cable, J. Marsh, T. Risom
1. Special Permit 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 which is in the Connecticut River Gateway Conservation Zone. Huntley & Halls, LLC, owner and Questa Builders, Inc., applicant.
A Motion was made by T. Risom, seconded by J. Bozek to CLOSE the Public Hearing on the application for 5-1 Davis Road East, Questa Builders, Inc. applicant. No discussion and a vote was taken. In favor: J. Cable, T. Risom, J. Marsh, T. Kiritsis, J. Bozek Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
PUBLIC HEARING:
Seated for 38 Neck Road are J. Cable, J. Marsh, T. Risom, P. Looney, J. Johnson
1. Special Permit Application and Municipal Coastal Site Plan Review Application to permit construction of a boathouse on property located at 38 Neck Road, Joseph Chontos, applicant.
A Motion was made by J. Marsh, seconded by J. Johnson to CLOSE the Public Hearing on the application for 38 Neck Road, Joseph Chontos, applicant. No discussion and a vote was taken. In favor: J. Cable, T. Risom, J. Marsh, J. Johnson, P. Looney Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
REGULAR MEETING
1. Special Permit Application to permit an impound parking lot and discussion with respect to an impound lot being an accessory use to the Police Department on the Town owned property at 290 Shore Road, Town of Old Lyme, applicant - WITHDRAWN
2. Special Permit 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 which is in the Connecticut River Gateway Conservation Zone. Huntley & Halls, LLC, owner and Questa Builders, Inc., applicant.
Seated for 5-1 Davis Road East are J. Bozek, T. Kiritsis, J. Cable, J. Marsh, T. Risom
A Motion for Approval was made by J. Bozek, seconded by T. Risom as follows:
Whereas, the Zoning Commission has received applications for Special Permit and Municipal Coastal Site Plan approvals, with Statement of Use, Abutters List, Stormwater Management Proposal, Site Plan dated April 27, 2009 one sheet as Exhibit A1 that has outlined in red the two parcels, Site Plan dated April 27, 2009 Entitled Site Plan prepared for Questa Builders, Inc, Davis Road East, Old Lyme, Connecticut, Sheets 1, 2 and 3 and Building drawings for Questa Builders, Inc, dated May 6, 2011 and revised through May 17, 2011 and labeled Sheet A1, and supplemented as follows: Site Plan prepared for Questa Builders, Inc., Davis Road East, Old Lyme, Connecticut, by Doane-Collins Engineering Associates, Inc. dated 4/27/09, Sheet 1 of 4 revised through
6/28/11 for drainage and grading; Sheet 2 of 4 revised through 6/23/11 for details; Sheet 3 of 4 revised through 6/28/11 for drainage and grading; Sheet 4 of 4 revised through 6/23/11 for details. 2) Schematic Site Development Plan for Residential portion of Land of Questa Builder, Inc. Davis Road East, Old Lyme, CT prepared by Doane-Collins Engineering Associates, Inc. dated 6/28/11, Sheet 1 of 1. 3) Free Split Plan prepared for Questa Builders, Inc. 5-1 Davis Road East, Old Lyme, Connecticut by Doane-Collins Engineering Associates, Inc. dated 5/4/11 and revised through 5/6/11 for lot line, Sheet 1 of 1. 4) Parcel History Map prepared for Questa Builders, Inc. 5-1 Davis Road East, Old Lyme, Connecticut by Doane-Collins Engineering Associates, Inc. dated 5/19/11, Sheet 1 of 1; and Site Plan prepared for Questa Builders, Inc. Davis Road East, Old Lyme, CT. Scale 1” = 20’ dated 04/27/09 Sheet 1 of 4, Sheet 2 of 4, Sheet 3 of 4 and Sheet
4 of 4 revised through 7/25/11 [town engineers commends addressed] – approved by IWWC 7/26/11; and Free Split Plan prepared for Questa Builders, Inc. 5-1 Davis Road East, Old Lyme, Connecticut, Scale 1” = 100’, dated 5/4/11, Sheet 1 of 1 revised through 5/6/11, revised lot line; and Lot Line Modification Plan prepared for Questa Builders, Inc. 5-1 Davis Road East, Old Lyme, Connecticut Scale 1” = 100’ dated 5/4/11 Sheet No. 1 of 1 revised through 8/5/11 [drawing title revised]; Site Plan prepared for Questa Builders, Inc. Davis Road East, Old Lyme, CT. Scale 1” = 20’ dated 04/27/09 Sheet 1 of 4, Sheet 2 of 4, Sheet 3 of 4 and Sheet 4 of 4 revised through 7/25/11 [town engineers commends addressed;
Whereas, the Zoning Commission has held a duly noticed public hearing on July 11, 2011 and August 8, 2011, and the commission has heard testimony from both citizens of Old Lyme and the applicant; and
Whereas, the proposed use, office building, is permitted by Special Permit under the Old Lyme Zoning Regulations, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 13 A and B of the Regulations with the following modifications required to be added to the final plan:
1. Lot line revisions as approved by the Old Lyme Planning Commission must be recorded prior to the endorsement of these plans and mylar copy of these plans by the Zoning Commission chairman, and prior to recording of the Special Permit and mylars;
2. Technical detail of the light fixtures must be submitted to confirm compliance with zoning requirements;
3. Detailed design and location of the proposed signs must be submitted;
4. A stone construction entrance must be installed prior to construction and maintained until final site stabilization and paving;
5. Grading at the easterly driveway entrance shall be directed to the greatest extent possible to the proposed adjacent rip rap area to minimize icing conditions;
6. A pre-construction meeting shall be scheduled with town staff to review the project and to arrange and inspection schedule;
7. Clearing limits shall be field staked by a licensed land surveyor and inspected by town staff prior to any site clearing;
8. Upon completion of the foundation and prior to building construction, an as As-Built survey plan of the foundation shall be submitted to the zoning enforcement officer;
9. Upon completion of the approved improvements, an As-Built survey shall be submitted to verify that the project has been completed as approved; this shall include an as-constructed verification from the surveyor that the height of the building does not exceed a ground elevation of 55 ft., and certification by a professional engineer that the drainage systems and septic systems have been inspected and are installed as designed;
10. A driveway permit must be obtained from the town prior to beginning construction; and
11. Number of handicap parking spaces shall be increased to comply with Building Code requirements for medical office uses.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13, in particular that the proposed use, buildings and other structures and site development are designed and arranged as follows:
a. to achieve safety, comfort and convenience;
b. to conserve as much of the natural terrain and provide for vegetation on the site to the extent practical;
c. to be in architectural harmony with the surrounding area;
d. to protect nearby residential and preservation areas;
e. 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 Questa Builders, Inc. for the Special Permit and Municipal Coastal Site Plan Site Plan applications, for property at 5-1 Davis Road East, Old Lyme, CT, with the modifications specified. No further discussion and a vote was taken. In favor: J. Cable, T. Risom, J. Marsh, J. Bozek, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
3. Special Permit Application and Municipal Coastal Site Plan Review Application to permit construction of a boathouse on property located at 38 Neck Road, Joseph Chontos, applicant.
A Motion for Approval was made by J. Johnson, seconded by T. Risom as follows:
Whereas, the Zoning Commission has received applications for Special Permit and Coastal Site Plan approvals, “Site Plan and Erosion and Sediment Control Plan”, three sheets prepared by Nemergut consulting, dated April 18, 2011 with revisions through June 30, 2011, and “Exterior Elevations”, one sheet prepared by Centerbrook Archtiects and Planners, LLP dated June 25, 2011, and Property Survey prepared by Kenneth land Surveying, LLC dated December 10, 2009 with revisions through March 27, 2010;
Whereas, the Zoning Commission has held a duly noticed public hearing on August 8, 2011, and the commission has heard testimony from both citizens of Old Lyme and the applicant; and the Commission has also heard from its Engineer, the Connecticut River Gateway Commission and the Department of Energy and Environmental Protection;
Whereas, the proposed construction of a boathouse and walkway is permitted by Special Permit under the Old Lyme Zoning Regulations section 4.10.3, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 13 A and B of the Regulations with the following modifications required to be added to the final plan:
1. A deed shall be recorded prohibiting the owner’s two parcels, 38 Neck Road and 7 Huntley Road, from being sold independently from each other, language to be approved by the Commission attorney;
2. The applicant shall submit appropriate documentation from the Connecticut Department of Transportation for the installation of permanent utility and water service line installation in the road right-of-way;
3. An As-Built survey must be submitted showing not simply the foundation location, but also the location of the decks and stairs when constructed;
4. A licensed land surveyor must verify that the peak of the roof is no more than 41.0 ft., NGVD 1929;
5. The building shall not be used for sleeping and shall not be used as a dwelling;
6. FINDINGS: Compliance with Section 4.10.12.3;
7. No stove shall be installed;
8. Erosion and Soil Bond to be submitted, dollar amount to be approved by the Town Engineer;
9. Shrubs to be replanted/replaced after temporary driveway is removed; and
10. There shall be no permanently established vehicular access.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13, in particular that the proposed use, buildings and other structures and site development are designed and arranged as follows:
a. to achieve safety, comfort and convenience;
b. to conserve as much of the natural terrain and provide for vegetation on the site to the extent practical;
c. to be in architectural harmony with the surrounding area;
d. to protect nearby residential and preservation areas;
e. 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; and the proposed use is a water dependent use and the proposed structure is a boathouse;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to Joseph Chontos for the Special Permit and Coastal Site Plan, for property at 38 Neck Road, Old Lyme, CT, with the modifications specified. No further discussion and a vote was taken. In favor: J. Cable, T. Risom, J. Marsh, J. Johnson, P. Looney Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
4. Special Permit Application to permit a 3’ x 95’ boardwalk, a 3’ x 22’ ramp and an 8’x 10’ floating dock on property located at 18 Sandpiper Point Road, Tallmadge Renault, applicant.
A Motion was made by J. Johnson, seconded by T. Risom to receive the Special Permit Application for 18 Sandpiper Point Road and set a Public Hearing for October 12, 2011 (Wednesday). No discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom, J. Johnson, P. Looney Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
5. Special Permit Application to permit conversion of existing building to a private Jazz Club and Production Studio on property located at 2 Huntley Road, Michael Bellaria, applicant.
A Motion was made by J. Johnson, seconded by P. Looney to receive the Special Permit Application for 2 Huntley Road and set a Public Hearing for October 12, 2011 (Wednesday). No discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom, J. Johnson, P. Looney Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
6. Special Permit Application and Municipal Coastal Site Plan Review Application to permit construction of 2 multifamily buildings for the initial phase of a 4 building project, each building will contain 6, 2 bedroom apartments on property located at 77 Lyme Street, Lyme Academy College of Fine Arts, Inc, applicant.
A Motion was made by T. Risom, seconded by J. Johnson to receive the Special Permit Application and Municipal Coastal Site Plan Review Application for 77 Lyme Street and set a Public Hearing for September 12, 2011. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom, J. Johnson, P. Looney Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
7. Informal discussion with the Linnea and David Rufo of the Bee & Thistle Inn to discuss usage for the Inn located at 100 Lyme Street – Applicants to come before the Zoning Commission for the spa as an accessory use.
8. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting of July 11, 2011
Minutes of the Special Meeting of July 11, 2011
A Motion was made by J. Johnson, seconded by T. Risom to APPROVE the Regular and Public Hearing minutes of the July 11, 2011 meeting with the following corrections: Regular Meeting Minutes - page 4, item no. 5 Chontos – change the word “principle” to “principal”; on page 6, item No. 9, second to last paragraph change the word “SVVD community” to “SVVD commission” and the last paragraph change the word “called” to “culled”. The motion to approve also includes the Special Meeting Minutes of July 11, 2011 as submitted. No further discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom, J. Johnson, P. Looney Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
9. Any new or old business
a. Discussion of changes to the Zoning Regulations, i.e. Section 2, Area/Use Classification; Section 3, Definitions; Section 5, Use Regulations; Section 9, Non-Conforming Lots, Uses, Buildings and/or Structures; Section 11, Special Regulations (pertaining to seasonal/year-round use) and Section 7, Accessory Uses, Buildings and Structures (pertaining to reduction in setbacks for sheds); Review of Petition to Amend Regulations, receive and set public hearing.
A Motion was made by P. Looney, seconded by J. Johnson to receive the Petition to Amend the Zoning Regulations as noted above and set a Public Hearing for September 12, 2011. No discussion and a vote was taken. In favor: J. Cable, J. Johnson, P. Looney Opposed: J. Marsh, T. Risom Abstaining: None The motion passed. 3-2-0
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 T. Risom, to adjourn the August 8, 2011 meeting. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom, J. Johnson, P. Looney. The motion passed unanimously and the meeting adjourned at 10:38 p.m.
Jane Cable, Chairman
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