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RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – SEPTEMBER 12, 2011, 7:30 P.M.
MIDDLE SCHOOL AUDITORIUM
53 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, Vice Chairman, Tom Risom (Regular Member) and Pat Looney (Regular Member)
Also present: Joan Bozek (Alternate, arrived at 7:42 p.m.), Ted Kiritsis (Alternate), Ann Brown, Zoning Enforcement Officer and Eric Knapp, Attorney for the Zoning Commission
PUBLIC HEARINGS:
1. 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 J. Johnson, seconded by T. Risom to CONTINUE the Public Hearing to the October 12, 2011 Regular meeting (Wednesday) on the application for 77 Lyme Street, Lyme Academy College of Fine Arts, Inc., applicant. No discussion and a vote was taken. In favor: J. Cable, T. Risom, J. Marsh, P. Looney, J. Johnson Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
2. Petition to Amend the Zoning Regulations, 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 (all pertaining to seasonal/year-round use) and Section 7, Accessory Uses, Buildings and Structures (pertaining to reduction in setbacks for sheds), Town of Old Lyme, applicant.
A Motion was made by J. Johnson, seconded by P. Looney to CLOSE the Public Hearing on the Petition to Amend the Zoning Regulations, Town of Old Lyme, 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:
A Motion was made by T. Risom, seconded by J. Johnson to move item number 6 on the agenda to item number 1 and then renumber. 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
1. Petition to Amend the Zoning Regulations, 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 (all pertaining to seasonal/year-round use) and Section 7, Accessory Uses, Buildings and Structures (pertaining to reduction in setbacks for sheds), Town of Old Lyme, applicant.
A Motion was made by P. Looney, seconded by T. Risom to separate Section 7, Accessory Uses, Buildings and Structures from the proposed Petition to Amend the Zoning Regulations. There was 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
A Motion was made by J. Johnson, seconded by P. Looney to MOVE the Question. There was 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
A Motion for Approval was made by J. Johnson, seconded by T. Risom as follows:
Whereas, the Zoning Commission has submitted an application to modify the Old Lyme Zoning Regulations with respect to Section 2, Area/Use Classification; Section 3, Definitions; Section 5, Use Regulations; Section 9, Non-Conforming Lots, Uses, Buildings and/or Structures and Section 11, Special Regulations (all pertaining to seasonal/year-round use), Town of Old Lyme, applicant;
Whereas, the Zoning Commission has held a duly noticed public hearing on September 12, 2011, and the Commission has had an opportunity to hear testimony from citizens of Old Lyme, and has obtained comments from the Old Lyme Planning Commission, the Conn. River Gateway Commission, the Southeastern Connecticut Council of Governments, and the Department of Energy and Environmental Protection – Office of Long Island Sound Program; and
Whereas, the Old Lyme Planning Commission has recommended that the Zoning Commission not approve the proposed modifications concerning Seasonal – Year Round Use designations until such time as a list is generated of seasonal properties and an ordinance is put in place that defines the process of conversion from seasonal to year round;
Whereas, the Commission has considered the Plan of Conservation and Development, and finds that the proposed regulations are made in accordance with the comprehensive plan;
Whereas, the Commission finds that there is sufficient evidence to demonstrate that the proposed text is appropriate.
Whereas, the Commission finds that the proposed regulation 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, the Zoning Commission has received comments from the Office of Long Island Sound Programs of the Department of Energy and Environmental Protection, after submitting the application materials to them for review, the Commission determines that the proposed regulations as they will be revised are consistent with the goals and policies of the Coastal Management Act;
And whereas, the Commission concludes that the Zoning Regulations are not the best tool to enforce the Seasonal – Year Round Use distinction, and that there are other codes, including but not limited to Health Code, Building Code, Housing Code, Fire Code, and Federal Emergency Management Regulations, which must be met prior to occupying a seasonal structure on a year round basis;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to the proposed modification to the Zoning Regulations of Section 2, Area/Use Classification; Section 3, Definitions; Section 5, Use Regulations; Section 9, Non-Conforming Lots, Uses, Buildings and/or Structures and Section 11, Special Regulations (all pertaining to seasonal/year-round use) with any modifications specified.
The effective date of this approval is September 16, 2011.
No further discussion and a vote was taken. In favor: J. Johnson, T. Risom, P. Looney, J. Cable. Opposed: J. Marsh Abstaining: None The motion carried, 4-1-0
2. 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. Public hearing continued to October 12, 2011 (Wednesday).
3. Special Permit Application to permit renovation of single family residence on property located at 2 Meetinghouse Lane, which is in the Connecticut River Gateway Conservation Zone, where the existing dwelling is in excess of 4,000 square feet, Marcia McLean and Peter R. Lasusa, Jr., applicants. The applicant requested, in accordance with Section 4.10.12.1 of the Zoning Regulations, an Exception to the Special Permit process.
A Motion was made by T. Risom, seconded by J. Johnson to receive the Special Permit Application for 2 Meetinghouse Lane 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
A Motion was made by J. Marsh, seconded by P. Looney to continue the discussion to the October 12, 2011 Regular Meeting with respect to waiving the Special Permit process for the Special Permit Application for 2 Meetinghouse Lane. 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
4. Special Permit Application to permit construction of a 4’ x 6’ concrete pad to support ramp hinge, a 3.5’ x 25’ ramp and a 6.8’x 15’ floating dock, for occasional private use by property owner only on property located at 11 Halls Road, James Graybill, applicant.
A Motion was made by T. Risom, seconded by J. Johnson to receive the Special Permit Application for 11 Halls Road and set a Public Hearing for November 14, 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
5. Special Permit Application and Municipal Coastal Site Plan Review Application to permit construction of a new single family dwelling on property located at 26 Champion Road, Dante J. Boffi Design, LLC, applicant; Joyce Nasin, owner.
A Motion was made by J. Johnson, seconded by P. Looney to receive the Special Permit Application and Municipal Coastal Site Plan Review Application for 26 Champion Road and set a Public Hearing for November 14, 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
6. Special Permit Application to permit an accessory apartment on property located at 136-1 Neck Road, H. Michael Schaefer, applicant/owner.
A Motion was made by J. Johnson, seconded by T. Risom to receive the Special Permit Application for 136-1 Neck 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
7. 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. Public hearing set for October 12, 2011 (Wednesday).
8. 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. Public hearing set for October 12, 2011 (Wednesday).
9. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting of August 8, 2011 – Tabled to the October 12, 2011 Regular Meeting
10. Any new or old business
a. Registry Letters – no action taken, Petition to Amend Zoning Regulations approved
11. Correspondence
12. Zoning Enforcement
a. Zoning Enforcement Report
b. Site Inspection Report
13. Miscellaneous/Adjournment
A Motion was made by P. Looney, seconded by T. Risom, to adjourn the September 12, 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 10:15 p.m.
Jane Cable, Chairman
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