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Planning Commission Minutes 02/14/2019

MINUTES
OLD LYME PLANNING COMMISSON
REGULAR MEETING
THURSDAY, FEBRUARY 14, 2019


PRESENT WERE: Harold Thompson, Todd Machnik, Jon Curtis, and Alternate Barbara Gaudio seated for Steven Ross and Alternate Don Willis seated for Robert McCarthy.  

Chairman Thompson called the meeting to order at 5:00 p.m.

PLEDGE OF ALLEGIANCE

The commission began the meeting with the Pledge of Allegiance

PETITION FOR AMENDMENT OF OLD LYME ZONING REGULATIONS TO REPEAL SECTIONS 4.4.6.5 (f) and (ii).  That repeal will have the effect of changing Section 4.4..6.6c because 4.4.6.6c references Paragraph 4.4.6.5f of the Old Lyme Zoning Regulations.   Petitioners Scott Boulanger and Kathleen Boulanger

Harold Thompson stated the Petitioners, Scott and Kathleen Boulanger own property at 73 Portland Avenue and are seeking a text change to the Old Lyme Zoning Regulations that will allow the construction of parts of a public or community water system and public or community sewage disposal system.  

Jon Curtis stated they had been in touch with a woman from DEEP who indicated these changes would not affect the town’s Flood Insurance.   Jon Curtis also stated he was confused as to why the applicant was petitioning for a text amendment rather than seeking a variance.  Curtis stated it was his understanding that the applicant spoke with the Zoning Board of Appeals first who then sent them along to Zoning.


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February 2019

Robert McCarthy joined the meeting and will be seated for the remainder of the meeting.

Thompson stated in his discussions with Keith Rosenfeld, Zoning Enforcement Officer,  that the applicants were directed to take this approach.  Curtis stated he thought seeking a variance would be a much simpler process.   Jon Curtis also stated it was his understanding that the pump station was intended to be built on the town property.   

Robert McCarthy stated that the intent is that the pump station is going to go on town property but his understanding is that the Boulangers filed this application as a backup plan if something falls through with the town.  

Todd Machnik stated it was his opinion that it would be better for the town if it went on the other property because it would be less of a problem for the Town of Old Lyme.   

Todd Machnik made motion to recommend approval to the Zoning Commission for the proposed text amendment.   Barbara Gaudio seconded the motion.

DISCUSSION:

Jon Curtis expressed concern that this proposal doesn’t fit in with the Plan of Conservation and Development (POCD) with regard to Sewer Avoidance.  Todd Machnik stated that this is the reason he agrees it is better that it is moved to private property. He feels the town should not be in the sewer business.   He said is the right of the individual beach communities to have sewers but the Town of Old Lyme does not have to be involved in the sewer business.

Curtis stated even if the Town of Old Lyme stays out of the sewer business the POCD supports sewer avoidance and therefore this proposal would be in conflict with the plan.  Curtis again expressed concern that the process was a text amendment rather than a variance.  

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February  2019

Machnik stated he applauded the fact that Mr. Curtis was thinking more in regard to the POCD  and its importance as a document that should be adhered to.     

After discussion ensued Todd Machnik withdrew his motion because he felt it presented a legal challenge to the POCD and did not want to be in conflict with the document.   

Robert McCarthy stated that the DEEP and Health Department doesn’t allow alternative types of systems or methods to solve the problem.  He stated the state is trumping the POCD in this case.  McCarthy also stated that variances are very difficult to get in the Town of Old Lyme.  

Thompson stated the POCD will be revised this year and sewer avoidance is one topic that will be reviewed in detail during the rewrite.   McCarthy also pointed out that significant change has occurred since the POCD update ten years ago.   

Robert McCarthy made a motion to approve the proposed text amendment.  Barbara Gaudio seconded the motion.   The motion passed 3 to 2.
Voting In favor: Robert McCarthy, Harold Thompson, Barbara Gaudio.
Against: Todd Machnik and Jon Curtis

INTRODUCTORY MEETING BETWEEN THE PLANNING COMMISSION AND THE ECONOMIC  DEVELOPMENT COMMISSION

Chairman Thompson welcomed members Howard Margules and Edie Twinning of the Economic Development Commission to the meeting.  Each commission member introduced themselves and gave a brief background.  

Mr. Margules stated it was his hope that the commissions could work together and pool their resources on certain issues.   He noted he serves both on the Economic Development Commission as well as the Halls Road Committee.  Mr. Margules read the mission statement that the Economic Development Commission adopted.

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February, 2019

Mr. Margules  stated as they move forward they have would like to have the assistance of the  Connecticut’s Economic Resource Center (CERC) organization which has successfully worked with several Connecticut communities.  He felt the investment was reasonable and would benefit the town.    He noted the Board of Finance did not approve the initial request to fund the study by CERC.   He stated they scaled back the request.  He stated he felt a revised proposal would allow the EDC to have the information necessary to identify business and community needs.  He also said they would like to develop a relationship with the business community as well as the Chamber of Commerce.

Thompson asked if the EDC had explored the existing zoning regulations to see how they would fit into the equation as far as the uses allowed in town. .  Thompson expressed concern about businesses that have attempted to move into our town and the applications were not approved.  He also discussed the signage regulations which currently limit identifying businesses located along Halls Road and other areas within Old Lyme.

Barbara Gaudio she very much supports revitalization in Old Lyme but stated the town needs to first get the business owners involved.  

Todd Machnik stated he has known many local business owners for a long period of time and in his opinion it would be fairly simple to contact a commercial real estate agent that does work throughout the shoreline, a real estate appraiser that does both residential and commercial, and the shopping center owners to attend a meeting to see what they would like to change.  
He said he very much disagrees with the social engineering from an outside agency.  If the town makes it attractive to have businesses invest they will do their own market surveys and decide what will work in town.   He said that asking the community what they want for businesses in the Town of Old Lyme will not likely provide the best answer.   Mr. Machnik several businesses that have come and gone on Lyme Street and Halls Road.  This has included a men’s clothing, women’s clothing, a jewelry store. A flower shop and grocery stores.  Mr. Machnik also stated a lot of shopping is now taking place on line versus in stores.  For one reason or another, the the town did not support them.   He stated he cares about
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February, 2019

this community and feels we can find a lot of the answers we need right here in town working with the entrepreneurs and business owners and did not feel a survey from an outside agency was necessary.

Jon Curtis stated the Halls Road Improvement Committee is looking to loosen
 Zoning requirements to potentially to allow businesses to invest as they see fit.  He said he understands you may not want social engineering but there is a need to safely cross streets and walk.  Machnik stated the Halls Road is also Route 1.

Barbara Gaudio asked if the State of Connecticut bared any responsibility for the road and do the improvements need to be done with town funds.   It was noted that Halls Road is a State Road and any improvements or changes require approval from the State of CT.  Currently, the State of CT maintains this road.  

Mr. Margules stated he thinks the first step is to get input from the businesses as to what they need.   He stated the goal is to support the businesses that are here and attract new businesses that fit the character of the town.  

Eddy Twining stated the she feels strip malls are no longer attractive and nobody knows what businesses are in them.   She said parking lots are all the frontage on Halls Road with no stores adjacent to the road with the exception of Dunkin Donuts and Treasures.   She said people still need to live somewhere and they live in areas where there is a sense of community.  She stated the Town of Old Lyme does not have a town center.  She said things need to physically change and the stores need to be located along the street line and there are tertiary roads to get around instead of everything going down the main street.  

Thompson stated he is totally in agreement to doing a survey and talking with business owners about their needs which include why they came here, why do you want to stay, and what do you need to stay.  He stated at the same time if you conducted a survey of the town residents to determine what stores or services are desired in Old Lyme, the results would not likely be representative of the population.  Twining said she believed that the survey may create some excitement within the town rather than negativity.  
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February, 2019


Todd Machnik asked them to describe how they would go about getting for example Matt Prosser (Old Lyme Shopping Center) to tear down every building in Old Lyme and refinance the whole thing and take two years to move all the buildings.   Twining stated if there were out of town developers who are attracted to mixed use and town centers they would invest.   She said if the developer knows they have the town support, and the economic reasons for the improvement, part of the homework is done and they may feel it is worth investing.   She further stated that companies like CERC bring credibility to what we are asking for and noted the committees would also being working alongside of CERC.   Mr. Mergules clarified that the amount for the study is $7,000 which includes free training.   Thompson stated the cost for the original proposal prepared in October 2018 was significantly larger.   

Thompson stated he felt that the meeting was a great discussion and thanked everyone for attending.   Mr. Margules stated he would provide the commission a copy of the CERC proposal and indicated he would like to work together with the Planning Commission on common issues.


READING AND APPROVAL OF THE JANUARY MEETING MINUTES

Todd Machnik made a motion to waive the reading of the minutes and approve them as submitted.   Jon Curtis seconded the motion.   The motion passed unanimously.

Respectfully submitted,

Kim Groves