RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – March 11, 2013, 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 were the following members: Jane Cable, Chairman, Jane Marsh, Secretary, John Johnson, Vice Chairman, Tom Risom (Regular Member), Joan Bozek (Alternate), Harland Frazier (Alternate) and Ted Kiritsis (Alternate)
Also present: Ann Brown, Zoning Enforcement Officer
Absent: Pat Looney (Regular Member)
CONTINUED PUBLIC HEARING:
1. Special Permit Application to allow renovation and modification of an existing convenience store building and minor reconfiguration of the existing parking lot, also the existing retail convenience store space will be expanded into the area currently occupied by (3) automobile repair bays. A walk in cooler will replace the existing shed at the rear of the building and a new 227 s.f. addition will be built at the west side of the building, there will also be a food take out use, in accordance with Sections 9.4 and 5.10.3 of the Zoning Regulations on property located at 85 Halls Road, CPD Energy Corp., applicant.
A Motion was made by J. Johnson, seconded by T. Kiritsis to CLOSE the Public Hearing on the Special Permit Application for 85 Halls Road, CPD Energy Corp., applicant. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Risom, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
PUBLIC HEARING:
1. Special Permit Application to allow installation of a 100 sq. ft. wood floating dock with hinged ramp spanning from the path head stone of the float in accordance with Section 4.3.2.a of the Zoning Regulations on property located at 258 Whippoorwill Road, Paul Carroll, applicant.
A Motion was made by J. Johnson, seconded by T. Risom to CLOSE the Public Hearing on the Special Permit Application/CAM application for 258 Whippoorwill Road, Paul Carroll, applicant. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Risom, J. Bozek Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
REGULAR MEETING:
1. Special Permit Application to allow installation of a 100 sq. ft. wood floating dock with hinged ramp spanning from the path head stone of the float in accordance with Section 4.3.2.a of the Zoning Regulations on property located at 258 Whippoorwill Road, Paul Carroll, applicant.
A Motion to GRANT was made by J. Johnson, seconded by J. Marsh, as follows:
Whereas, the Zoning Commission has received an application for Special Permit and a Municipal Coastal Site Plan Review Application dated January 10, 2013 with a Narrative dated January 10, 2013, 8 ½ x 11 maps (Location Map, Coastal Resource Map, Shellfish Concentration Map, Flood Map and Tax Assessor Map); CT DEEP Permit Application No. 201206327-SB and Approval Registration from CT DEEP, Appendix A and Appendix B which includes Permit Notice and 5 photos; Survey prepared by Richard W. Gates Land Surveyor “As-built Pool House on land of Paul H. & Jeanne K. Carroll, 258-1 Whipporwill Road” dated Oct. 31, 2012; Coastal Site Plan New Ramp and Float Black Hall River, dated December 14, 2012, property of Paul and Jeanne Carroll 258-1
Whippoorwill Road, Old Lyme CT Sheet 1 of 1 Prepared by Docko, Inc.
Whereas, the Zoning Commission has held a duly noticed public hearing on March 11, 2013 (originally scheduled for February 11, 2013 but postponed due to Blizzard of 2013), and the Commission has had an opportunity to hear testimony both from citizens of Old Lyme and the applicant; and
Whereas, the proposed use 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 13A and B of the Regulations.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13A, in particular that the proposed use and 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 finds that the applicant has demonstrated compliance with the General Standards of Section 4.10.3, in particular that the proposed use, buildings or other structures and site development conform to the standards of this section.
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 application and plans are consistent with the goals and policies of the Coastal Management Act;
The Harbor Management Commission at its Meeting on October 9, 2012 approved unanimously the proposal since it finds the proposed plan for the location is in conformity with the Town and Harbor Management 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 Special Permit/Coastal Site Plan to allow construction of a new ramp and float on property of Paul Carroll at 258 Whipporwill Road, Old Lyme, CT. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Risom, J. Bozek Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
A Motion was made by T. Risom, seconded by J. Johnson to move item number 2 to item number 7 and renumber the agenda accordingly. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Risom, J. Bozek Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
2. Special Permit Application to permit two greenhouses measuring 30’ x 84’ on property located at 146 Neck Road (a/k/a Route 156), which is in the Connecticut River Gateway Conservation Zone, Bruce Comstock and Mark Comstock, applicants/owners. Applicant to request, in accordance with Section 4.10.12.1 of the Zoning Regulations, an Exception to the Special Permit process.
A Motion was made by J. Marsh, seconded by J. Johnson, that in compliance with Section 4.10.12.1 of the Zoning Regulations, a Request of an Exception to requiring a Special Permit for two greenhouses measuring 30’ x 84’ on property located on property at 146 Neck Road (a/k/a Route 156) in the Connecticut River Gateway Conservation Zone is GRANTED. The findings are that the proposed structure or structures will not be visible from the Connecticut River. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, Risom, H. Frazier Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
3. Site Plan review for 35-37 Hartford Avenue to add an outside staircase for access to second floor, Bassam Awwa, applicant.
A Motion was made by J. Marsh, seconded by J. Johnson for Site Plan Review approval for 35-37 Hartford Avenue wherein the Commission accepted the architectural review submitted by Ann Brown, ZEO; that the awning and air conditioning condenser are approved as well as the enclosure and reconstruction of the staircase. The following are conditions to the approval: the applicant is to correct the survey to show that the two outbuildings are sheds, that the building at 37 Hartford Avenue is a restaurant and that the structure at 35 Hartford Avenue is a single family dwelling. No further discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Risom, T. Kiritsis Opposed: None Abstaining: None The motion
passed unanimously. 5-0-0
4. Special Permit Application to permit demolition of existing garage and construction of a new garage on same footprint per Section 9.1.3.2 on property located at 46 Saltaire Drive, Estate of Margaret O. & Norman J. Yester, owners.
A Motion was made by T. Risom, seconded by J. Johnson to receive the Special Permit Application for 46 Saltaire Drive, Estate of Margaret O. & Norman J. Yester and set a Public Hearing for Monday, April 8, 2013. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Risom, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
5. Special Permit Application to permit raising house in compliance with variance granted; install a new septic system; reduce the number of bedrooms and convert to single family house; modify the house to be more conforming in size, location and number of stories (Section 9.4) on property located at 73 Swan Avenue, Bogdan and Francine Brocki, applicant/owners.
A Motion was made by T. Risom, seconded by T. Kiritsis to receive the Special Permit Application for 73 Swan Avenue, Bogdan and Francine Brocki and set a Public Hearing for Monday, April 8, 2013. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Risom, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
6. Site Development Plan Application and Special Permit Application to construct a second clam shack building (23’ x 36’) to the west of the existing building with outdoor seating; parking lot renovations (100 +/- spaces) and landscaping; interior and exterior renovations; two entryways (one approved in front setback by ZBA); two outside patios for dining and the service of alcohol on property located at 218 Shore Road, Big Green Outdoor, LLC applicant.
A Motion was made by T. Risom, seconded by J. Johnson to receive the Special Permit Application for 218 Shore Road, Big Green Outdoor, LLC and set a Public Hearing for Monday, April 8, 2013. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Risom, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
7. Special Permit Application to allow renovation and modification of an existing convenience store building and minor reconfiguration of the existing parking lot, also the existing retail convenience store space will be expanded into the area currently occupied by (3) automobile repair bays. A walk in cooler will replace the existing shed at the rear of the building and a new 227 s.f. addition will be built at the west side of the building, there will also be a food take out use, in accordance with Sections 9.4 and 5.10.3 of the Zoning Regulations on property located at 85 Halls Road, CPD Energy Corp., applicant.
A Motion was made by J. Johnson, seconded by T. Kiritsis to DEFER the Decision to a Special Meeting which is scheduled for Tuesday, April 2, 2013 at 7:30 p.m. at the Town Hall, 52 Lyme Street. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Risom, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
8. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting of January 14, 2013
A Motion was made by J. Marsh, seconded by T. Risom to APPROVE the Minutes of the Public Hearing and Regular Meeting of January 14, 2013 with the following corrections: Public Hearing Minutes: page 3, 6th line from the bottom change “. . .whether they have considered traffic trailers . . .” to “. . .whether they have considered tractor trailers . . .” Page 7, next to last paragraph change “. . .the Commission is considering he land use.” to “. . .the Commission is considering the land use.” Page 7, last paragraph change “Mary Poolin” to “Mary Pullen” and change in last paragraph, Page 7, “She stated that everyone who loves Old Lyme are benefited” to “She stated that everyone who
loves Old Lyme is benefited” and on page 8, second paragraph change “Mary Aholcum, Lyme Street” to “Marya Holcombe, 73 Lyme Street”. No further discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Risom, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
– No February 11, 2013 Minutes – Meeting cancelled due to blizzard
9. Any new or old business
- discussion regarding proposed regulation changes concerning non-conformity and coastal resources submitted at the December, 2012 meeting
- discussion regarding changes to Section 4.4 Flood Hazard Regulations for minimum compliance with program standards. Revisions to text and revised Map Panels must be adopted and become effective August 5, 2013
10. Correspondence
11. Zoning Enforcement Report
12. Miscellaneous/Adjournment
A Motion was made by J. Johnson, seconded by T. Risom to adjourn the March 11, 2013 Regular Meeting. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Johnson, T. Risom, T. Kiritsis. 5-0-0 The motion passed unanimously and the meeting adjourned at 11:05 p.m.
Jane Cable, Chairman
NEXT MEETING OF THE ZONING COMMISSION IS APRIL 8, 2013,
7:30 P.M., AUDITORIUM, 52 LYME STREET, OLD LYME, CT
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