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Zoning Commission Record of Vote 05/08/2017
RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – May 8, 2017, 7:30 P.M.
Meeting Hall at Memorial Town Hall
52 Lyme Street, Old Lyme, CT

1.  Convene Meeting; announcement of voting members.

CONTINUED PUBLIC HEARING:

1.  Special Permit Application and Municipal Coastal Site Plan Review Application to construct a building that will be a dentist office on the first floor and legal offices on the second floor on property located at 280 Shore Road in accordance with Section 5.11.3 of the Old Lyme Zoning Regulations, 280 Shore Road LLC, owner, Amity Construction and Design, applicant.

A Motion was made by G. Soucie, seconded by P. Orzel to CLOSE the public hearing on the Special Permit Application and Municipal Coastal Site Plan Review Application to construct a building that will be a dentist office on the first floor and legal offices on the second floor on property located at 280 Shore Road.  No discussion and a vote was taken.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, G. Soucie, A. Todd, P. Orzel   In opposition:  None   Abstaining:  None  The Motion carried 5-0-0

PUBLIC HEARING:

1.  Petition to Amend the Old Lyme Zoning Regulations, Section 17 A and 17 B Aquifer Protection Regulations and to adopt an “Aquifer Protection District Surficial Aquifer Protection Area”.  

A Motion was made by A. Todd, seconded by P. Orzel to CLOSE the public hearing on the Petition to Amend the Old Lyme Zoning Regulations, Section 17 A and 17 B Aquifer Protection Regulations and to adopt an “Aquifer Protection District Surficial Aquifer Protection Area”.  No discussion and a vote was taken.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, G. Soucie, A. Todd, P. Orzel   In opposition:  None   Abstaining:  None  The Motion carried 5-0-0

REGULAR MEETING:

1.  Special Permit Application and Municipal Coastal Site Plan Review Application to construct a building that will be a dentist office on the first floor and legal offices on the second floor on property located at 280 Shore Road in accordance with Section 5.11.3 of the Old Lyme Zoning Regulations, 280 Shore Road LLC, owner, Amity Construction and Design, applicant.

A Motion was made by J. Marsh, seconded by G. Soucie to GRANT with conditions as follows:

Whereas, the Zoning Commission has received a Special Permit Application and Municipal Coastal Site Plan dated February 7, 2017 and March 6, 2017 with the following attachments:  Statement of Use,
abutter list, a copy of Zoning Compliance Permit Application, Wetlands/Watercourses Delineation Report by Davison Environmental dated 11/22/2016 stating no wetlands or watercourses present on property,  [A1] copies of 1st Floor Plan, concept dental layout, 2nd Floor Plan, Foundation Plan, House design front, House design side and House design rear, [A2]Map “Existing Conditions Survey, dated November 8, 2016 prepared by Riordan Land Surveying, Map Entitled Site Plan Layout Plan dated 16 Nov 16, updated 12/1/2016 for updated parking prepared by Civil C1 , Map Entitled Proposed Subsurface Sewage Disposal System & Utility & Plan dated 16 Nov 16, updated 12/1/2016 for updated parking, Rev Septic Per Health Dept, 12/21/2016, Rev Septic Per Health Dept, 1/05/2017 prepared by Civil C1and Map Entitled Septic System Details and Notes dated 16 Nov 16,  Rev Septic Per Health Dept., 12/21/2016, Rev Septic Per Health Dept., 1/05/2017 prepared by Civil C1; Four photos (3 showing the existing building and one showing the proposal); A determination of “no wetlands” prepared by Davison Environmental dated11/22/2016; A landscape design plan dated 3/6/17; A lighting Plan dated 12/13/16; A copy of the proposed signage; Referral response from Tom Metcalf, P.E. dated May 8, 2017 setting a bond for landscaping and soil and erosion.

Whereas, the Zoning Commission has held duly noticed public hearings on April 10, 2017 and May 8, 2017, and the Commission has had an opportunity to hear testimony from the public and from the applicant; and

Whereas, the Commission has considered:
a.      the density or intensity of the Lot and the surrounding area, including the area and topography of the Lot, its coverage by Buildings, the height and volume of such Buildings, the number of Dwelling Units or bedrooms, and the ratio of impervious surfaces;

b.      the natural resources on the Lot and in the vicinity of the Lot which may be adversely impacted;

c.      the access to the Lot, including whether access roads are public or private, their surface condition, width, grade, flood hazard, drainage, existing traffic volume, and suitability for increased traffic or population to be served;

d.      Access to the existing or proposed Building(s) or Structure(s) on and Abutting the Lot for emergency vehicles and public safety personnel;

e.      the character of the neighborhood, including the scale of other Buildings or Structures in the area, the streetscape, impact on marine or coastal vistas as viewed from public Streets or other public viewing areas;

f.      privacy, light, and air for the subject Lot and Abutting Lots;

g.      increased effluent disposal volumes, the condition of the existing septic system on the Lot, and the impact on potential future repair or expansion of any such septic system; and

Whereas, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions of Section 13A and Section 13B of the Regulations with the following conditions required to be added to the final plan:
1.      Applicant shall file with the Treasurer of the Town of Old Lyme a completion bond in an amount approved by the Zoning Commission as security for the satisfactory completion of all identified work shown by the various site plan sheets, for a term expiring no earlier than 90 days after the planned completion date of the project, and shall remain in full force and effect until modified or released by the Zoning Commission, in a form satisfactory to legal counsel for the Zoning Commission.  The bond amounts are $18,000.00 for landscaping and $3,000.00 for soil and erosion control.  
2.      Submission to Fire Marshal prior to obtaining a Building Permit.
3.      Submission of final Site Plan in conformance with Metcalf letter of May 5, 2017 criteria,  excepting numbers 5, 8 and 9 and the requirement Conn DOT Form 817 need not be complied  with on drawing C S-1.
4.      Plantings on the northerly property line in the vicinity of the Mangiafico home shall be columnar  trees planted along the mid-line of the landscaping area of a variety that will not naturally extend
            beyond the property line at full maturity.

Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13B, 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;
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 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;

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 280 Shore Road LLC for property located at 280 Shore Road, Old Lyme, CT as shown on the plans submitted with the above listed conditions.  No discussion and a vote was taken.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, G. Soucie, A. Todd, P. Orzel   In opposition:  None   Abstaining:  None  The Motion carried 5-0-0

2.  Petition to Amend the Old Lyme Zoning Regulations, Section 17 A and 17 B Aquifer Protection Regulations and to adopt an “Aquifer Protection District Surficial Aquifer Protection Area”.  

A Motion was made by J. Marsh, seconded by G. Soucie to GRANT with modifications [the text with small additions revised to May 2, 2017] as follows:

Whereas, the Zoning Commission has submitted a petition to amend the Zoning Regulations with respect to Section 17 Aquifer Protection Regulations, Section 17A Water Resource Zone, to protect existing and future water supplies and the quality of both surface and subsurface waters by (1) protecting those aquifers within the Town that currently provide, or have the potential to provide in the future, water in sufficient quantities with the creation of "Aquifer Protection District/Surficial Aquifer Protection Area";

Whereas, the Zoning Commission has held a duly noticed public hearing on May 8, 2017, and the commission has had an opportunity to hear testimony from citizens of Old Lyme and others; and

Whereas, the Commission has considered the Old Lyme Plan of Conservation and Development (OLPOCD) and finds that the proposed change is compatible with OLPOCD; and

Whereas, the Commission has considered comments from the Old Lyme Planning Commission and others; and

Whereas, the Commission finds that there is sufficient evidence to demonstrate that the proposed changes to the text is appropriate with the following conditions and/or modifications:

New Section 17, Revised 5/8/17; attached
Effective June 1, 2017

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
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to the proposed modification to the Zoning Regulations to modify Section 17/17A Aquifer Protection Regulations/Water Resource Zone, the approved text is attached.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, G. Soucie, A. Todd, P. Orzel  In opposition:  None Abstaining:  None  The Motion carried 5-0-0
The effective date shall be June 1, 2017.

3.  Special Permit Application and Municipal Coastal Site Plan Review Application to allow the renovation and modification of an existing convenience store building and minor reconfiguration of the existing parking lot. Existing retail convenience store space will be expanded into the area currently occupied by (3) automobile bays, a walk-in cooler will replace the existing shed to the rear and a new 227 s.f. addition will be constructed at the west side of the building on property located at 85 Halls Road in accordance with Section 5.10.3 Special Permit Use of the Old Lyme Zoning Regulations, CPD Energy Corp., applicant.

A Motion was made by P. Orzel, seconded by G. Soucie to receive the Special Permit Application and Municipal Coastal Site Plan Review Application to allow the renovation and modification of an existing convenience store building and minor reconfiguration of the existing parking lot. Existing retail convenience store space will be expanded into the area currently occupied by (3) automobile bays, a walk-in cooler will replace the existing shed to the rear and a new 227 s.f. addition will be constructed at the west side of the building on property located at 85 Halls Road and set a Public Hearing for Monday, July 10, 2017 at 7:30 p.m. in the Meeting Hall.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, G. Soucie, A. Todd, P. Orzel  In opposition:  None Abstaining:  None  The Motion carried 5-0-0

4.  Special Permit Application and Municipal Coastal Site Plan Review Application to replace an existing 1,360 s.f. convenience store/gas station with a new 1,800 s.f. convenience store/gas station with 4 modernized gas pumps, a new canopy and minor alterations to interior islands on property located at 281 Shore Road in accordance with Section 5.11 of the Old Lyme Zoning Regulations, UMARS, LLC, applicant.   Public Hearing scheduled for Monday, June 12, 2017 at 7:30 p.m.

5.  New Business
                                        
6.  Old Business  –  Continuation of the discussion from the Workshop prior to the meeting regarding referral from the Old Lyme Planning Commission with modifications to the Plan of Conservation and Development regarding nonconforming structures in special flood hazard areas.

7. Approval of Minutes   –    Minutes of the April 10, 2017 Public Hearing and Regular Meeting        – Tabled to next month
                                           
8.  Correspondence

9.  Zoning Enforcement Report

10.  Miscellaneous/Adjournment  

A Motion to adjourn was made by G. Soucie, seconded by P. Orzel.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, G Soucie, A. Todd, P. Orzel  In opposition:  None   Abstaining:  None  The Motion carried 5-0-0  The meeting adjourned at 9:30 p.m.


                                Jane Cable, Chairman    



NEXT MEETING OF THE ZONING COMMISSION IS MONDAY, JUNE 12, 2017,
7:30 P.M., MEETING HALL, 52 LYME STREET, OLD LYME, CT




PROPOSED SECTION 17
AQUIFER PROTECTION REGULATIONS
Approved: May 8, 2017
Effective: June 1, 2017


Intent.  Within this district lies an extensive deposit of coarse grained, stratified drift.  The U.S. Geologic Survey notes portions of this area have a saturated thickness of greater than one (1) foot indicative of high water yielding conditions.  Creation of this district is deemed essential to protect this significant water supply source for the Town of Old Lyme.  As ground waters have been shown to be easily, and in many cases, irrevocably contaminated by many common land uses, it is imperative all reasonable controls over land use, waste disposal and material storage be conscientiously exercised.

Purpose.  The purpose of this Section 17 is to protect existing and future water supplies and the quality of both surface and subsurface waters by (1) protecting those aquifers within the Town that currently provide, or have the potential to provide in the future, water in sufficient quantities to support high volume public or community wells; (2) protecting the quality of groundwater that replenishes individual private wells; and (3) protecting the quality of surface waters that flow to the ponds, streams and rivers of the Town and thence to Long Island Sound. [Added effective 3/7/08]

17. A.1 Establishment of the Aquifer Protection District.  The Aquifer Protection District is herein established as an overlay district.  The boundaries of this District are those shown on a map entitled, "Aquifer Protection District/Surficial Aquifer Protection Area", dated March, 2017, on file in the office of the Old Lyme Town Clerk. The Aquifer Protection District includes the entire coarse grained stratified drift deposit with a saturated thickness of greater than one (1) foot and all land directly up gradient.  Where the bounds of this Aquifer Protection District are in doubt or dispute, the burden of proof shall be upon the owners of the land in question to show where they should be located.  Such proof shall be in the form of a map, prepared by a professional engineer and licensed land surveyor, at a scale of one (1”) inch to forty feet (40’), with two (2) foot contours, showing the existing district boundary and that proposed.

17. A.2 Prohibited and Permitted Uses.  Within the Aquifer Protection District, the requirements of the underlying zoning districts continue to apply, except that notwithstanding the requirements of the underlying district, no uses indicated by an "N" in the following schedule shall be established subsequent to the effective date of these Regulations, nor shall any uses indicated by an "SP" in the following schedule be established subsequent to the effective date of these Regulations without first receiving a Special Permit subject to the criteria set forth in Section 17.5 and Section 13.B.  

17. A.3 Definitions. Hazardous Material is any substance which because of quantity, concentration or physical, chemical or infectious characteristics, poses a significant present or potential hazard to water supplies or to human health if disposed on or into any land or water in the Town of Old Lyme; any substance designated a Hazardous Material by any federal, state or local agency having jurisdiction shall also be deemed a Hazardous Material for purposes of these Regulations. [Revised 4.3.1995]  

Impervious shall mean impenetrable by surface water. [Revised effective 3.7.2008]

17. A.3.1 Single family dwellings are exempt from these aquifer protection regulations.

17. A.4 Prohibited/Special Permit Uses

17.A.4.1 Manufacture, use, storage, transport or disposal of hazardous materials as a principal activity. N
17.A.4.2 Sanitary landfill, septage lagoon, wastewater treatment facility for municipal/industrial wastes. N
17.A.4.3 Road salt storage. N
17.A.4.4 Junkyard, salvage yard, truck terminal. N
17.A.4.5 Gasoline station, car wash, auto repair or auto body shop. N
17.A.4.6 Marine Repair Shop or facility for storage/sale of marine fuels SP
17.A.4.7 Dry cleaning processing facility. N
17.A.4.8 Photography processing. N
17.A.4.9 Excavation, filling or removal of earth materials. SP
17.A.4.10 Underground storage of hazardous materials as an Accessory Use. N
17.A.4.11 Above-ground storage of hazardous materials in quantities greater than associated with normal household use, other than fuel storage for residential space heating. N
17.A.4.12 Rendering impervious more than thirty percent (30%) of the total area of any lot, regardless of size. SP
17.A.4.13 Any use resulting in less than thirty percent (30%) of the total area of any lot being retained in its natural vegetative state except for minor removal of existing trees and vegetation. SP
17.A.4.14 Any use, other than for a single-family dwelling, having an estimated sewage discharge greater than fifteen hundred (1,500) gallons per day. SP

17.A.5 Special Permit Criteria.  Special Permits required under Section 17.A.3 and 17.A.4 shall be granted only if the Zoning Commission determines that the ground water quality resulting from the proposed on-site wastewater disposal or other operations on-site shall not cause or have the potential to cause degradation of ground waters outside any authorized zone of influence which would result in a condition which renders the ground waters unsuitable for direct human consumption.  If existing ground water quality is not now suitable for drinking water purposes, on-site disposal or operations on-site shall cause no further deterioration.

17.A.6 Submittals for Special Permit Application

17.A.6.1 Complete list of all chemicals, pesticides, fuels or other potentially hazardous materials to be used or stored on the premises in quantities greater than associated with normal household use, accompanied by a description of the measures proposed to protect all storage containers from vandalism, corrosion and leakage, and to provide for control of spills;
17.A.6.2 Description of all potentially hazardous wastes to be generated on the premises, including provisions for storage and disposal methods as provided in Section 17.6.1;
17.A.6.3 Description of above-ground storage of hazardous materials or wastes, evidence of professional supervision of design and installation of such storage facilities or containers;
17.A.6.4 Description of underground piping of hazardous materials or wastes, the construction details and specifications which will allow failure determination without need for substantial excavation;
17.A.6.5 Calculation of runoff from impervious surfaces greater than thirty percent (30%) of total lot area, evidence that such runoff will be recharged on site and diverted towards areas covered with vegetation for surface infiltration to the maximum extent possible; dry wells shall be used only where other methods are infeasible and shall be preceded in the course of flow by oil, grease, and sediment traps to facilitate removal of contaminants;
17.A.6.6 Description of disposal on site of domestic wastewater, other than from a single-family dwelling, having an estimated sewage discharge greater than fifteen hundred (1,500) gallons per day, evidence of qualified professional supervision of design and installation, including a narrative assessment of nitrate, coliform, and hazardous material impact on groundwater quality; and
17.A.6.7 Any additional information on existing groundwater quality in the area deemed necessary by the Zoning Commission.

17.A.7 Criteria for Special Permit After due notice and public hearing as required by law, the Special Permit under this Section 17 shall be granted by the Zoning Commission, if the Commission determines that the purpose and intent of the Aquifer Protection District has been met and that groundwater quality resulting from the proposed use, facility or activity, including on-site wastewater disposal may not or will not fall below State of Connecticut standards for drinking water, as defined by the requirements of Section 22a-426 of the Connecticut General Statutes.

17.A.8 In making such determination, the Zoning Commission shall give consideration to the simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to groundwater quality which would result if the control measures failed.

17.A.9 Non-Conformity.  The provisions of Section 9 of these Regulations shall apply to uses, facilities and activities which fail to conform to Section 17 or its predecessor Section 34, but which legally and actually existing on June 1, 2017, the effective date of this Section.

17.B TOWN-WIDE REGULATIONS FOR THE PROTECTION OF SURFACE AND GROUND WATER

17.B.1. Purpose.  No use of land or structure shall be permitted which could pose a threat to the quality of the Town’s surface waters, its ground water or its aquifers as identified in Section 17.A.1, above.

17.B.2. Prohibited Hazardous Materials.  Manufacture, use, above-ground or underground storage or disposal of hazardous materials in significant quantities is prohibited, except as allowed in Section 17.B.4, below. For the purpose of this regulation, hazardous materials are defined above in Section 17.A.3 and include those substances identified by the U.S. Environmental Protection Agency in Table 302.4 as listed in 40 C.F.R. Section 302.4 (1981) as amended. The amount of any such substance which shall constitute a “significant quantity” of such substance is set for in said Table 302.4. [From former Section 48.2, Amended effective 3.7.2008]

17.B.3. Prohibited Outdoor Above and Below Ground Storage of Oil and Oil-Based Derivatives. The outdoor above ground or below ground storage of oil and oil-based derivatives as listed in 40 C.F.R. Section 112.2 (1981) as amended, is prohibited, except as provided in Section 17.B.4, below. [From former Section 48.3]

17.B.4. Installation or Replacement of Heating Oil and Motor Vehicle Fuel Storage Tanks.

17.B.4.1. Nonresidential underground storage tanks for heating oil and motor vehicle fuels as regulated by Section 22a.449 of the Connecticut General Statutes and Section 22a.449(d)1. of the Regulations of the Connecticut Department of Energy and Environmental Protection (DEEP) may be installed or replaced with approved double-wall storage tanks, when the installations are designed and constructed in conformity with DEEP standards and when a permit for such work is issued by the Old Lyme Building Official.

17.B.4.2.  Existing residential and non-residential underground and outdoor above-ground fuel storage tanks not regulated under 17.B.1., above, may not be replaced. Below ground and outdoor above-ground storage tanks must be replaced with storage tanks located in the basement, garage or similar part of a building, provided such structure has a concrete floor. If, to the satisfaction of the Zoning Enforcement Officer, this required placement is not feasible, existing residential and non-residential, outside, above-ground fuel storage tanks not larger than 275 gallons may be replaced, provided that they are located on a solid concrete slab. The concrete slab must extend one (1) foot beyond all sides of the tank and must be sufficient to bear the weight of the filled tank. All piping shall connect to the top of the fuel oil tank, and valves shall not be installed on return piping. The system shall be designed for the maximum pressure required by the fuel oil burning equipment. All work may commence only after the issuance of a permit by the Old Lyme Building Official. [From former Section 48.4]

17.B.5. Failures. Whenever a failure of a fuel oil tank is discovered, such failure shall be reported to the DEEP, the Old Lyme Fire Marshal and the Town Building Official and shall have its contents emptied into an approved container within twenty-four (24) hours. Replacement of a failed fuel oil tank must be completed within thirty (30) days. Replacement shall include the removal and disposition of all contaminated materials and soils. [Former Section 48.5]

17.B.6. Abnormal Change in Tank Contents. Any abnormal loss, gain or use of stored materials shall require the immediate testing of the installation. [Former Section 48.6, amended effective 3.7.2008]


** The Aquifer Protection District Surficial Aqufer Protection Area Map is on the Town's GIS website**



 
 
52 Lyme St, Old Lyme, CT 06371  (860) 434-1605

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