OLD LYME ZONING COMMISSION
January 14, 2019
The Old Lyme Zoning Commission held a Regular Meeting on Tuesday, January 14, 2019, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were: Jane Cable, Chairman, Jane Marsh, Secretary, Alan Todd (arrived at 7:50 p.m.), Paul Orzel and Harvey Gemme.
Also present was Keith Rosenfeld, Land Use Coordinator
At 7:30 p.m., Chairman Cable called the Regular Meeting to order. Chairman Cable recessed the Regular Meeting to conduct the Public Hearing at 7:30 p.m. At 7:46 p.m. Chairman Cable reconvened the Regular Meeting.
1. Petition for Amendment of Old Lyme Zoning Regulations to repeal Sections 220.127.116.11f(i) and (ii). That repeal will have the effect of changing Section 18.104.22.168c because 22.214.171.124c references Paragraph 126.96.36.199f of the Old Lyme Zoning Regulations. Petitioners Scott Boulanger and Kathleen Boulanger.
Mr. McCoy was present but did not present any testimony. Mr. Rosenfeld suggested a hearing date in March as numerous referrals are required. He noted that they need to provide 35 days.
A motion was made by Paul Ozel, seconded by Jane Marsh and voted unanimously to receive and set a Public Hearing date for March 11, 2019 at 7:30 p.m. in the Meeting Hall for the Petition for Amendment of Old Lyme Zoning Regulations to repeal Sections 188.8.131.52f(i) and (ii). That repeal will have the effect of changing Section 184.108.40.206c because 220.127.116.11c references Paragraph 18.104.22.168f of the Old Lyme Zoning Regulations. Petitioners Scott Boulanger and Kathleen Boulanger.
2. Site Development Plan/Special Exception Modification Application and Municipal Coastal Site Plan Review Application to permit the creation of a Short Game Practice Area on an existing area of mowed property adjacent to its Maintenance Facility on 41 & 43 Buttonball Road, Black Hall Club, Inc. applicant.
Mr. Rosenfeld suggested adding two conditions, one that the town engineer review for an E&S bond and that prior to certificate of compliance an as-built plan be submitted. Chairman Cable stated that she is disappointed that the town engineer did not review the application for drainage. Mr. Rosenfeld stated that he has been reviewing plans for many years. He indicated that there is a mound of dirt that is being pushed up to a hill and the drainage will go right to the existing storm water detention. Mr. Rosenfeld stated that he believes that with the engineering provided and the amount of work being done, he felt a town engineer review was not warranted. Ms. Marsh stated she is comfortable without an engineer review because all of the drainage is going back onto their property.
Ms. Marsh suggested an additional condition that the Town Engineer check drainage calculations and post-construction functionality.
A motion was made by Jane Marsh, seconded by Paul Orzel to grant, with conditions, along with the CAM Application as follows:
Whereas, the Zoning Commission had received applications for Special Permit Site Plan and Coastal Site Plan approvals, 1 sheet as prepared by Richard W. Gates dated 4/6/06 with revisions through 3/20/07 on of Land of Black Hall Club, Inc”; and sheets # BH-1 through BH-5 with final revisions through 2/7/08; and landscaping and architectural plans;
Whereas, the proposed use was permitted by Special Permit under the Old Lyme Zoning Regulations, and with the approval of a Coastal Site Plan, the Commission found that the applicant had provided sufficient evidence to demonstrate compliance with the technical provisions of the Regulations;
Whereas, the Zoning Commission has now received an application for Site Plan Modification approval of the Special Permit previously approved to permit the creation of a Short Game Practice Area on an existing area of mowed property adjacent to its Maintenance Facility on 41 & 43 Buttonball Road, Black Hall Club, as shown on plans entitled “Black Hall Club Short Game Practice Area” Project Plan Sheet L-1, Grading and Erosion Plan L-2, Planting Plan L-3, Details Plan L-4 dated 11/26/18 Scale 1’=16’, Gardner and Gerrish, Landscape Architects ; and
Whereas, the Zoning Commission has held a duly noticed public hearing on January 14, 2019 and the commission has heard testimony from both citizens of Old Lyme and the applicant; and
Whereas, the proposed use is permitted under the Old Lyme Zoning Regulations, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 13.A of the 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;bto 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;
- and 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 by the applicant at the hearing as well as the input of its staff and the applicant’s professional consultants; and
Whereas, the Zoning Commission has received comments from the Office of Long Island Sound Programs of the Department of Environmental Protection, after submitting the application materials to them for review, the Commission determines that the application and plans are consistent with the goals and policies of the Coastal Management Act; and
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to Black Hall Club for the Site Plan Modification for property at 43 Buttonball Road, Old Lyme, CT with the conditions specified:
1. Prior to endorsement of the plan, an Erosion and Sedimentation Bond be submitted in an amount to be approved by the Town Engineer;
2. At the completion of the project an As-Built survey plan must be submitted to verify that improvements were installed in accordance with the design and approved plans;
3. Town Engineer to check drainage calculations and post-construction functionality.
The motion passed unanimously, 4-0-0.
3. New Business – Election of Officers
Ms. Marsh nominated the current slate of officers. Chairman Cable asked for other nominations.
A motion was made by Jane Marsh, seconded by Paul Orzel and voted unanimously to nominate and elect the existing officers: Jane Cable, Chair, Gil Soucie, Vice Chair and Jane Marsh, Secretary.
4. Old Business
5. Approval of Minutes
A motion was made by Jane Marsh, seconded by Harvey Gemme and voted unanimously to approve the Minutes of the December 10, 2018, Regular Meeting.
Chairman Cable stated that someone that lives in the shore area wrote a letter about Cherrystone’s and the gas station questioning why the Town passed a Blight Ordinance and then didn’t enforce it. She indicated that she believes the person deserves a response.
Mr. Rosenfeld stated that the ordinance was never passed. Chairman Cable suggested someone from the Selectman’s Office should respond to the letter and explain why we don’t have a Blight Ordinance. Chairman Cable stated that she believes the Town should have a Blight Ordinance.
7. Zoning Enforcement Report
Mr. Rosenfeld distributed a Zoning Enforcement Report. He noted that he sent a letter to the owner of 19 Halls Road regarding signage and did not receive a response. Mr. Rosenfeld distributed the letter he sent today to the owners of the signs asking them to work with the owner to clean up the signs. He stated that there is a lot of enforcement work on Shore Road. He noted that the Village Shoppes asked to use the other room for tastings and began doing so; this activity has stopped. He noted that at 41 Hatchetts Hill there were not just boats, there were also trailers. Mr. Rosenfeld stated that it looked like they were providing services. He stated that this activity has stopped. Mr. Rosenfeld stated that the yard at 7 Noyes Road was littered with everything the person
owned and this has finally been cleaned up.
At 8:10 p.m. a motion to adjourn was made by Harvey Gemme, seconded by Jane Marsh and voted unanimously.
Susan J. Bartlett