OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, June 10, 2013
The Old Lyme Zoning Commission held a Regular Meeting on Monday, June 10, 2013, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were: 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.
Chairman Cable called the meeting to order at 7:32 p.m. She noted that Alternates Harlan Frazier and Ted Kiritsis would be seated. Chairman Cable immediately recessed the Regular Meeting to conduct the Public Hearing. The Regular Meeting reconvened at 8:38 p.m.
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 Ted Kiritsis, seconded by Tom 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. Motion passed unanimously, 5-0-0. (Cable, Marsh, Risom, Frazier and Kiritsis voting)
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.
Chairman Cable noted that the Commission was asked to waive the requirements of Section 13A.
A motion was made by Joan Bozek, seconded by Jane Marsh and voted unanimously 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. (Cable, Marsh, Risom, Bozek and Kiritsis voting).
Ms. Marsh noted that one condition of approval is operating hours of 9:00 a.m. to 9:00 p.m. Monday through Saturday. Chairman Cable stated that she would like to add a condition that all of the Fire Marshal’s comments on the plan be incorporated. Ms. Marsh stated that it should be noted that the signs are part of the approval. The Commission agreed that the noise should be monitored by the landlord, not regulated by the Commission.
A motion to grant was made by Jane Marsh, seconded by Tom 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. Motion passed unanimously, 5-0-0. (Cable, Marsh, Risom, Bozek and Kiritsis voting).
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”.
No action taken. The Public Hearing for this item has been continued to the July 8, 2013, Regular Meeting.
4. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting of May 13, 2013
A motion was made by Ted Kiritsis, seconded by Joan Bozek and voted unanimously to approve the Minutes of the Public Hearing and Regular Meeting of May 13, 2013 as submitted.
5. Any new or old business
Mr. Risom stated that there is a flashing purple sign in the nail salon. Ms. Bozek stated that she was also going to mention that sign. Ms. Brown indicated that she will look into it.
6. Correspondence
None
7. Zoning Enforcement
a. Zoning Enforcement Report
Ms. Brown stated that she someone has installed a propane tank without permits in a nonconforming location. She indicated that she has spoken with the person several times and they have taken no action to correct so she has enlisted the Commission’s counsel to write a letter.
Ms. Brown stated that Lenny’s has paid his fines to the Town, although it did not cover all the town’s expenses. She indicated that there were some interior renovations that were performed under a permit. Ms. Brown stated that a take-out window has also been installed and she and the property owner Frank Noe are discussing the issue. She indicated that she does have photographs of the take-out window being used in the past, and photographs since that time where the window does not exist. She noted she has two sets of recent floor plans that do not show a take-out window. Ms. Brown stated that Mr. Noe has indicated that the window will not be used until the matter is resolved, although she has had reports that it is still being used. She stated that she has
not had a chance to review ZBA records where they may or may not have discussed a take-out window.
Chairman Cable noted that when they had the illegal hotdog cart on the premises they did not have a take-out window.
Ms. Brown stated that there has been a deck installed on the beach and she has spoken with the owner and he has agreed to remove it. She indicated that the police have indicated that Lenny’s has not been amplifying music.
Ms. Brown stated that there are a number of illegal signs in the Historic District such as the Chocolate Shell’s that they put out on the street. She indicated that she first told them nicely and has now issued an Order. Ms. Brown suggested that the Commission might want to consider allowing small signs that can be put out during the day and removed in the evening.
Ms. Brown noted that Hallmark’s has added seating and they will be coming to see her for a permit.
b. Site Inspection Report
None.
8. Miscellaneous/Adjourn
Mr. Risom reported that the Wastewater Management Task Force is meeting this week. He noted that the engineering firm has been obtaining the test data from the golfing range and the golf course and they are very optimistic that there is ample capacity and reserve for what they would like to do. He indicated that Old Colony Beach and Old Lyme Shores have decided to pursue connection to New London. He noted that the first of the three public information sessions will be held at the end of this month.
The meeting adjourned at 9:04 p.m. on a motion by Tom Risom; seconded by Joan Bozek and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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