RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – July 8, 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 7:40 p.m., Tom Risom (Regular Member), Joan Bozek (Alternate arrived at 7:45), and Ted Kiritsis (Alternate)
Also present: Pat Looney (Regular Member) and Ann Brown, Zoning Enforcement Officer
Absent: John Johnson, Vice Chairman and Harland Frazier (Alternate)
A Motion was made by T. Risom, seconded by P. Looney to amend the agenda to move item number 3. a to accept the application to item number 1 right after the close of the public hearing. No discussion and a vote was taken. In favor: J. Cable, T. Risom, P. Looney, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 4-0-0
CONTINUED PUBLIC HEARING:
1. 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. Marsh, seconded by T. Risom to CLOSE the Public Hearing on the Petition to Amend the Old Lyme Zoning Regulations. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom, J. Bozek, T. Kiritsis Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
REGULAR MEETING:
1. Any new or old business -
a. Modification to a Site Development Plan, 458 Shore Road, to add a two bedroom apartment to the warehouse building, Mark J. Brett, applicant. Receive and set for public meeting or public hearing.
It was decided by the Commission to receive the Modification to a Site Development Plan Application for 458 Shore Road and set a public hearing for August 12, 2013.
2. 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 T. Risom, seconded by J. Marsh to APPROVE the text change for 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 [copy attached] with an effective date of August 2, 2013;
Whereas, the Zoning Commission has held a duly noticed public hearing on June 10, 2013 which was continued to July 8, 2013, and the commission has had an opportunity to hear testimony from citizens of Old Lyme and others; and
Whereas, the Commission has considered the Comprehensive Plan of Zoning and finds that the proposed change is compatible with the Comprehensive Plan of Zoning; and
Whereas, the Commission has considered comments from the Old Lyme Planning Commission who at its June meeting voting unanimously to recommend the approval of the changes and others; and
Whereas, the Commission finds that there is sufficient evidence to demonstrate that the proposed changes to the text as attached to this motion are appropriate;
Whereas, the Commission finds that the proposed regulation changes will permit the Commission
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, 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 and 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;
No discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom, J. Bozek, T. Kiritsis In opposition: None Abstaining: None. The motion passed unanimously. 5-0-0
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A Motion was by J. Marsh, seconded by J. Bozek to APPROVE the text change to 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” [copy attached] with an effective date of August 2, 2013;
Whereas, the Zoning Commission has held a duly noticed public hearing on June 10, 2013 which was continued to July 8, 2013, and the commission has had an opportunity to hear testimony from citizens of Old Lyme and others; and
Whereas, the Commission has considered the Comprehensive Plan of Zoning and finds that the proposed change is compatible with the Comprehensive Plan of Zoning; and
Whereas, the Commission has considered comments from the Old Lyme Planning Commission who at its June meeting voting unanimously to recommend the approval of the changes and others; and
Whereas, the Commission finds that there is sufficient evidence to demonstrate that the proposed changes to the text as attached to this motion are appropriate;
Whereas, the Commission finds that the proposed regulation changes will permit the Commission
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
hereas, 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 and 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;
No discussion and a vote was taken. In favor: J. Cable, J. Marsh, J. Bozek, T. Kiritsis In opposition: T. Risom Abstaining: None. The motion passed. 4-1-0
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Jane Cable recused herself
A Motion was by J. Marsh, seconded by J. Bozek to APPROVE the text change to Section 7.3 b – Accessory Buildings Specific Type - Guest House to be allowed by a Zoning Compliance Permit Application instead of Special Permit [copy attached] with an effective date of August 2, 2013;
Whereas, the Zoning Commission has held a duly noticed public hearing on June 10, 2013 which was continued to July 8, 2013, and the commission has had an opportunity to hear testimony from citizens of Old Lyme and others; and
Whereas, the Commission has considered the Comprehensive Plan of Zoning and finds that the proposed change is compatible with the Comprehensive Plan of Zoning; and
Whereas, the Commission has considered comments from the Old Lyme Planning Commission who at its June meeting voting unanimously to recommend the approval of the changes and others; and
Whereas, the Commission finds that there is sufficient evidence to demonstrate that the proposed changes to the text as attached to this motion are appropriate;
Whereas, the Commission finds that the proposed regulation changes will permit the Commission
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, 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 and 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;
No discussion and a vote was taken. In favor: J. Marsh, T. Risom, J. Bozek, T. Kiritsis In opposition: None Abstaining: None. The motion passed unanimously. 4-0-0
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A Motion was made by J. Marsh, seconded by J. Bozek to APPROVE the text change for 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 [copy attached] with an effective date of August 2, 2013;
Whereas, the Zoning Commission has held a duly noticed public hearing on June 10, 2013 which was continued to July 8, 2013, and the commission has had an opportunity to hear testimony from citizens of Old Lyme and others; and
Whereas, the Commission has considered the Comprehensive Plan of Zoning and finds that the proposed change is compatible with the Comprehensive Plan of Zoning; and
Whereas, the Commission has considered comments from the Old Lyme Planning Commission who at its June meeting voting unanimously to recommend the approval of the changes and others; and
Whereas, the Commission finds that there is sufficient evidence to demonstrate that the proposed changes to the text as attached to this motion are appropriate;
Whereas, the Commission finds that the proposed regulation changes will permit the Commission
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, 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 and 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;
No discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom, J. Bozek, T. Kiritsis In opposition: None Abstaining: None. The motion passed unanimously. 5-0-0
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A Motion was made by T. Risom, seconded by J. Bozek to APPROVE the text change for Section 21.4, Use Variances, by adding a new Section 21.4.4 [copy attached] with an effective date of August 2, 2013;
Whereas, the Zoning Commission has held a duly noticed public hearing on June 10, 2013 which was continued to July 8, 2013, and the commission has had an opportunity to hear testimony from citizens of Old Lyme and others; and
Whereas, the Commission has considered the Comprehensive Plan of Zoning and finds that the proposed change is compatible with the Comprehensive Plan of Zoning; and
Whereas, the Commission has considered comments from the Old Lyme Planning Commission who at its June meeting voting unanimously to recommend the approval of the changes and others; and
Whereas, the Commission finds that there is sufficient evidence to demonstrate that the proposed changes to the text as attached to this motion are appropriate;
Whereas, the Commission finds that the proposed regulation changes will permit the Commission
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, 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 and 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;
No discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom, J. Bozek, T. Kiritsis In opposition: None Abstaining: None. The motion passed unanimously. 5-0-0
3. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting of June 10, 2013
A Motion was made by T. Risom, seconded by J. Bozek to APPROVE the Minutes of the Public Hearing and Regular Meeting of June 10, 2013 as submitted. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom, J. Bozek, T. Kiritsis Opposed: None Abstaining: None The motion passed. 5-0-0
4. Correspondence
5. Zoning Enforcement Report
6. Miscellaneous/Adjournment
A Motion was made by J. Bozek, seconded by T. Risom to adjourn the July 8, 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 8:55 p.m.
Jane Cable, Chairman
XT MEETING OF THE ZONING COMMISSION IS AUGUST 12, 2013,
7:30 P.M., AUDITORIUM, 52 LYME STREET, OLD LYME, CT
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