OLD LYME ZONING COMMISSION
Monday, September 12, 2016
The Old Lyme Zoning Commission held a Regular Meeting on Monday, September 12, 2016, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were: Jane Cable, Chairman, John Johnson, Vice Chairman, Jane Marsh, Secretary, Alan Todd, Gil Soucie, Stacey Winchell, alternate and Paul Orzel, alternate. Also present was Keith Rosenfeld, Land Use Coordinator.
At 7:30 p.m., Chairman Cable called the Regular Meeting to order. She noted that all members and alternates present would be voting. She immediately recessed the Regular Meeting to conduct the Public Hearing. At 8:22 p.m. Chairman Cable reconvened the Regular Meeting.
1. Special Permit Application in order to make renovations to existing structure and comply with FEMA under Sections 9.1.3, 126.96.36.199 and 188.8.131.52 of the Zoning Regulations on property located at 40 Pond Road, Lee Ferguson, owner/applicant.
Chairman Cable stated that fixing the septic system shows sensitivity to Long Island Sound Water. Ms. Marsh stated that she would like to see a condition that requires construction of a conforming septic system before the Certificate of Occupancy is issued.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to approve, with a condition, the Special Permit Application in order to make renovations to existing structure and comply with FEMA under Sections 9.1.3, 184.108.40.206 and 220.127.116.11 of the Zoning Regulations on property located at 40 Pond Road, Lee Ferguson, owner/applicant, as follows:
Whereas, the Zoning Commission has received an application for Special Permit approval for property of Lee Ferguson dated May 9, 2016 prepared by JW Flower; Site Plan, Sheets A1 to A7, Sheets Existing A1 to Existing A3, Dated March 14, 2016, Revised to April 28, 2016 for the residence of Lee Ferguson.
Whereas, the Zoning Commission has held a duly noticed public hearing on September 12, 2016, and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and from the applicant; and
Whereas, the proposed activity (expansion of Existing Building or Structure on Nonconforming Lot) is permitted by Special Permit under the Old Lyme Zoning Regulations Section 9.1.3. The Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13A, 13B and Section 9.1.3 of the Regulations with the following condition:
1. Code compliant septic systems must be installed.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of the Zoning Regulations, in particular that the proposed use, buildings and other structures and site development are designed and arranged as follows:
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
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for a Special Permit to enclose the existing access to the residence, remove second floor deck, enlarge front deck and add stairs to the ground, elevate existing AC unit and electric panel, build sidewalk for beach access, add landscape block retaining wall (creating buffer between the parking and beach areas), and reconstruct existing “breakaway” walls per plans submitted at 40 Pond Road, Old Lyme, CT with the condition specified.
2. Site Development Plan/Special Permit Modification Application to allow a propane exchange tank cage at the existing Shell Station located at 85 Halls Road, Paraco Gas, applicant.
A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to receive the Site Development Plan/Special Permit Modification Application to allow a propane exchange tank cage at the existing Shell Station located at 85 Halls Road and set a Public Hearing for Tuesday, October 11, 2016 at 7:30 p.m. in the Meeting Hall.
3. Petition to Amend the Old Lyme Zoning Regulations in order to repeal the provisions of Section 14.5.2(c). “Section 14.5.2(c). Within a C-10, C-30 or C-30S Commercial District: For the sale of alcoholic liquor for consumption off the premises if located within a 1500-foot radius of any other premises used for the sale of alcoholic liquor off the premises, which spacing requirements shall not apply to establishments having a grocery store permit for the sale of beer only. (Amended Effective 3/1/01 and 3/7/08)”. Charles Bowe, 37 Green Hill Road, Madison, CT, Petitioner. This application was withdrawn.
4. New Business - None
5. Old Business - None
6. Approval of Minutes – Minutes of the June 13, 2016 Public Hearing and Regular Meeting and the Minutes of the July 11, 2016 Public Hearing and Regular Meeting
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to approve the Minutes of the June 13, 2016 Public Hearing and Regular Meeting and the Minutes of the July 11, 2016 Public Hearing and Regular Meeting.
7. Correspondence - None
8. Zoning Enforcement Report
Mr. Rosenfeld noted that he will have a formal report at the next meeting detailing enforcement activity from the summer.
Ms. Winchell questioned whether Special Permits, such as the one issued for Cherrystone’s, expire. Mr. Rosenfeld indicated that they do expire and Cherrystone’s has probably expired by now. Chairman Cable stated that she feels the Fire Marshal and Building Inspector should visit the property. The Commission members agreed.
Ms. Winchell questioned whether the property where the laundry mat used to be can house a tractor trailer, such as it does. Mr. Rosenfeld stated it is a commercial property. He stated that in 2009 there was a violation for illegal dumping. Mr. Rosenfeld stated that he will look into what is going on at the site. Ms. Winchell stated that there was a boat stored there for quite a while, but it was removed.
She questioned what is going on at 255 Boston Post Road. She noted that there are many vehicles on the site and questioned whether they were registered. Mr. Rosenfeld stated that the last time a Zoning Enforcement Officer looked at this property was in 2007. He indicated that he will visit the property. Mr. Rosenfeld stated that there is a draft blight regulation with the Board of Selectmen, although there is not currently a blight regulation.
The Commission discussed blight ordinances and how they might affect those who cannot afford.
Mr. Johnson stated that there is a new backlit sign at Lyme Academy and he thought that the sign was approved as part of the site plan and was not to be lit. Mr. Rosenfeld stated that the Lyme Academy received approval from both him and the Historic District Commission. Mr. Johnson asked Mr. Rosenfeld to look at the site plan approval. Ms. Marsh questioned whether Mr. Rosenfeld looks back at the site plan when giving approval for things such as this sign. Mr. Rosenfeld said he does, but noted that sometimes the files do not have adequate information.
The meeting adjourned at 8:47 p.m. on a motion by Jane Marsh, seconded by John Johnson and voted unanimously.
Susan J. Bartlett