RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – June 10, 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 and voting were the following members: Jane Cable, Chairman, Jane Marsh, Secretary arrived at 7:38 p.m., Tom Risom (Regular Member), Joan Bozek (Alternate arrived at 7:45), Harland Frazier (Alternate) and Ted Kiritsis (Alternate)
Also present: Ann Brown, Zoning Enforcement Officer
Absent: John Johnson, Vice Chairman and Pat Looney (Regular Member)
PUBLIC HEARINGS:
1. Special Permit Application to create an accessory apartment on property located at 4 Millers Way, Kara Berry, applicant/owner.
A Motion was made by T. Risom, seconded by T. Kiritsis to CLOSE the Public Hearing on the Special Permit Application to create an accessory apartment on property located at 4 Millers Way, Kara Berry, applicant/owner. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom, T. Kiritsis, H. Frazier Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
2. Special Permit Application to permit a dance center on property located at 19 Halls Road, Unit 106, The Dance Center, LLC d/b/a The Dance Center of Old Lyme applicant.
A Motion was made by T. Risom, seconded by J. Bozek to CLOSE the Public Hearing on the Special Permit Application to permit a dance center on property located at 19 Halls Road, Unit 106, The Dance Center, LLC d/b/a The Dance Center of Old Lyme applicant. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom, T. Kiritsis, J. Bozek Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
3. Petition to Amend the Old Lyme Zoning Regulations: Section 5.12.3- Light Industry LI-80 District (LI), Special Permit Uses, Per Section 13B by deleting “Laundry, dry cleaning and dyeing works, carpet or rug cleaning located outside the Conservation Zone”; Section 7.3 b – Accessory Buildings Specific Type - Guest House to be allowed by a Zoning Compliance Permit Application instead of Special Permit; Section 4.4 Flood Hazard Regulations as required by FEMA to modify regulations for compatibility with rate maps, adopt the Federal Emergency Management Agency Flood Insurance Rate Maps dated 8/5/2013 and adopt the Limit of Moderate Wave Action (LiMWA) zone where VE Zone construction standards shall be enforced; Section 9, Non-Conforming Lots,
Uses, Buildings, and/or Structures to modify Section 9.07 (Voluntary Demolition), Section 9.1.3.2 h regarding exceptions for nonconforming lots and structures and deleting Section 9.4 in its entirety and Section 21.4, Use Variances, change to 21.4.3, to read “No variance shall be granted which would permit a use of land, buildings or other structures which are permitted by Special Permit where the conditions, criteria, or requirements required for such Special Permit by these Regulations are not met”.
A Motion was made by J. Bozek seconded by T. Risom to CONTINUE the Public Hearing to the July 8, 2013 Regular Meeting on the Petition to Amend the Zoning Regulations. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom, H. Frazier, J. Bozek Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
REGULAR MEETING:
1. Special Permit Application to create an accessory apartment on property located at 4 Millers Way, Kara Berry, applicant/owner.
A Motion to GRANT was made by T. Kiritsis, seconded by T. Risom, as follows:
Whereas, the Zoning Commission has received an application for Special Permit approval dated May 4, 2013 for an accessory apartment on property at 4 Millers Way, Timothy C. and Kara K. Berry, owners;
Whereas, the Zoning Commission has held a duly noticed public hearing on June 10, 2013, and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and the applicant; and
Whereas, the proposed accessory apartment is allowed by Special Permit under the Old Lyme Zoning Regulations Section 7.8.2;
Whereas, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Sections 13B of the Regulations.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of 13A of the Zoning Regulations, 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;
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 to Timothy C. Berry and Kara K. Berry for the Special Permit to allow an accessory apartment at 4 Millers Way, Old Lyme, CT as per the plan submitted. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom, T. Kiritsis, H. Frazier Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
2. Special Permit Application to permit a dance center on property located at 19 Halls Road, Unit 106, The Dance Center, LLC d/b/a The Dance Center of Old Lyme applicant.
A Motion was made by J. Bozek, seconded by J. Marsh to WAIVE the following Sections of 13A of the Old Lyme Zoning Regulations: Section 13A.2.3 (Site Plan), Section 13A.2.8 (Architectural Plans), Section 13A.2.9 (Soil Erosion and Sediment Control Plan), Section 13A.2.11 (Traffic Impact Report) and Section 13A.2.12 (Additional Reports) pursuant to Section 13B.3.4 since there are no site changes proposed and the complex is legally existing. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom, T. Kiritsis, J. Bozek Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
A Motion to GRANT was made by J. Marsh, seconded by T. Risom, as follows:
Whereas, the Zoning Commission has received an application for Special Permit approval dated May 10, 2013 for the operation of a dance studio at 19 Halls Road, Unit 106, Old Lyme Shopping Center, owner of record is Amato Properties, LLC, The Dance Center, LLC d/b/a The Dance Center of Old Lyme, applicants;
Whereas, the Zoning Commission has held a duly noticed public hearing on June 10, 2013, and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and the applicant; and
Whereas, the proposed dance studio is allowed by Special Permit under the Old Lyme Zoning Regulations Sections 5.10.2, 11.23, 13B and 19.4 through 19.7;
Whereas, waivers of the following Sections of 13A of the Old Lyme Zoning Regulations: Section 13A.2.3 (Site Plan), Section 13A.2.8 (Architectural Plans), Section 13A.2.9 (Soil Erosion and Sediment Control Plan), Section 13A.2.11 (Traffic Impact Report) and Section 13A.2.12 (Additional Reports) pursuant to Section 13B.3.4 were GRANTED by the Zoning Commission.
Whereas, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the other technical provisions Sections 13B of the Regulations with the following conditions required to be added to the final plan:
1. Hours of operation – 9:00 a.m. to 9:00 p.m. six days a week, except Sunday;
2. Fire Marshal’s recommendations shall be followed;
3. Signs as proposed – marquee [5’ x 1’] and window [4’ x 3’]; and
4. The use that is approved by the Commission is outlined in the Statement of Use that was submitted with the application.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of 13A of the Zoning Regulations, 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;
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 to The Dance Center, LLC d/b/a The Dance Center of Old Lyme, 19 Halls Road, Unit 106, Old Lyme, CT for a dance
studio with the conditions specified. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom, T. Kiritsis, J. Bozek Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
3. Petition to Amend the Old Lyme Zoning Regulations: Section 5.12.3- Light Industry LI-80 District (LI), Special Permit Uses, Per Section 13B by deleting “Laundry, dry cleaning and dyeing works, carpet or rug cleaning located outside the Conservation Zone”; Section 7.3 b – Accessory Buildings Specific Type - Guest House to be allowed by a Zoning Compliance Permit Application instead of Special Permit; Section 4.4 Flood Hazard Regulations as required by FEMA to modify regulations for compatibility with rate maps, adopt the
Federal Emergency Management Agency Flood Insurance Rate Maps dated 8/5/2013 and adopt the Limit of Moderate Wave Action (LiMWA) zone where VE Zone construction standards shall be enforced; Section 9, Non-Conforming Lots, Uses, Buildings, and/or Structures to modify Section 9.07 (Voluntary Demolition), Section 9.1.3.2 h regarding exceptions for nonconforming lots and structures and deleting Section 9.4 in its entirety and Section 21.4, Use Variances, change to 21.4.3, to read “No variance shall be granted which would permit a use of land, buildings or other structures which are permitted by Special Permit where the conditions, criteria, or requirements required for such Special Permit by these Regulations are not met” - PUBLIC HEARING CONTINUED TO JULY 8, 2013
4. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting of May 13, 2013
A Motion was made by T. Kiritsis, seconded by J. Bozek to APPROVE the Minutes of the Public Hearing and Regular Meeting of May 13, 2013 as submitted. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Bozek, T. Kiritsis, H. Frazier Opposed: None Abstaining: None The motion passed. 5-0-0
5. Any new or old business
6. Correspondence
7. Zoning Enforcement Report
8. Miscellaneous/Adjournment
A Motion was made by T. Risom, seconded by J. Bozek to adjourn the June 10, 2013 Regular Meeting. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom, J. Bozek, T. Kiritsis. 5-0-0 The motion passed unanimously and the meeting adjourned at 9:04 p.m.
Jane Cable, Chairman
NEXT MEETING OF THE ZONING COMMISSION IS JULY 8, 2013,
7:30 P.M., AUDITORIUM, 52 LYME STREET, OLD LYME, CT
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