OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, March 14, 2016
The Old Lyme Zoning Commission held a Regular Meeting on Monday, March 14, 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 and Stacy Winchell, alternate.
Also present: Keith Rosenfeld, Land Use Coordinator
At 7:31 p.m., Chairman Cable called the Regular Meeting to order. She noted that all members present would be voting. She immediately recessed the Regular Meeting to conduct the Public Hearing. At 8:50 p.m. Chairman Cable reconvened the Regular Meeting.
1. Special Permit Application seeking the expansion of a parking lot under Sections 13.A and 13.B of the Zoning Regulations on property located at 83 Hartford Avenue, The Sugar Shack, Keith Grills, owner/applicant.
No action taken. The Public Hearing for this item is continued to the April 11, 2016 Regular meeting at 7:30 p.m.
2. Special Permit Application to allow a change of use from a plumbing business to a restaurant/deli on the first floor, the second floor will remain as a three bedroom private residence under Section 13.B and Section 5.11.3 of the Zoning Regulations on property located at 286 Shore Road, Dimitri Tolchinski, owner/applicant – WITHDRAWN by letter dated March 14, 2016
No action taken as the application was withdrawn.
3. Municipal Coastal Site Plan Review Application for the construction of a marsh crossing walkway and fixed wood pile or post and timber pier on a tributary creek off the Black Hall River north of Mile Creek Road at 100 Mile Creek Road, Alan Todd, owner, Docko, Inc., applicant.
Alan Todd recused himself from this application.
Keith Neilson, Docko, was present to represent the applicant. He stated that the application is to install a dock. He noted that they have been developing the application for a little over two years and held off submitting until they received the DEEP and Corps of Engineers permits, which they’ve received. Mr. Neilson stated that they are trying to reach navigable water from Mr. Todd’s property. He explained that the property is four acres and only 1/10th of the site is shown on the site plan. Mr. Neilson stated that the walkway will span over a section of high marsh and only crosses low marsh at the end. He stated that the middle section was not approved by the DEEP in order to minimize the structure, which is their charge. Mr. Neilson stated that they are
not trying to adversely impact the marsh and it is his opinion that the current configuration will do more damage to the marsh then the original proposal but they would not agree. He stated that the application before the Commission is what they are allowed according to DEEP. Mr. Neilson stated that the Commission’s purview is landward of the DEEP’s purview. He noted that the area is darker on the drawing in order to have it stand out.
Mr. Neilson stated that there will be a davit for kayaks at the end of the pier and possibly a motor boat. He indicated that the area being filled is not an area of significant growth and there will be no species impact. He noted that Mr. Snarski has also characterized all the wetlands. Mr. Neilson stated that everyone has agreed that there will be no adverse impact. He indicated that there will be no lighting.
Mr. Neilson stated that there are no public access issues. He stated that the creek is only 25 feet across and they have kept the development to the edge of the creek.
A motion was made by John Johnson, seconded by Stacey Winchell and voted unanimously to approve the following Municipal Coastal Site Plan as follows:
Whereas, the Zoning Commission has received an application for Municipal Coastal Site Plan Review Application for approval dated 2/20/2014 with a Statement of Use, abutter list, summary of project, resource maps, CT DEEP Permit map entitled “Coastal Site Plan New Pier and Walkway Black Hall River, December 14, 2015 property of Alan & Skyren Todd 100 Mile Creek Rd Old Lyme, CT prepared by Docko, Inc.”
Whereas, the Zoning Commission heard testimony at its March 14, 2016 Regular Meeting, and the Commission has had an opportunity to hear testimony from the applicant; and
Whereas, the proposed use is permitted under the Old Lyme Zoning Regulations with the approval of a Coastal Site Plan, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions in Section 4.2.3 and Section 13A of the Regulations;
Whereas, the Coastal Site Plan Review Application for this property is approved because it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impacts.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13A.3.1, 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
Whereas, although the Zoning Commission has received comments from the Office of Long Island Sound Programs of the DEEPartment of Environmental Protection, after submitting the application materials to them for review, the Commission determines that the application as presented is consistent with the goals and policies of the Coastal Management Act;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval of the Municipal Coastal Site Plan Review Application dated 2/20/2014 with a Statement of Use, abutter list, summary of project, resource maps, CT DEEP Permit map entitled “Coastal Site Plan New Pier and Walkway Black Hall River, December 14, 2015 property of Alan & Skyren Todd, 100 Mile Creek Road, Old Lyme, CT prepared by Docko, Inc.” and because it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impacts
4. Municipal Coastal Site Plan Review Application for the maintenance dredging disposal off the Black Hall River east of State Route 156, at the property of Black Hall Outfitters, Inc. at 132 Shore Road, Docko, Inc., applicant.
Mr. Todd rejoined the Commission.
Keith Neilson, Docko, was present to explain the application. He stated that they are using upland disposal of the dredging material which is why it is before the Commission. He explained that due to a few recent nor’easters the silt in the Black Hall River settled adversely in two pockets in the marina. He noted that the water DEEPth in a few areas has been reduced to between two and three feet deep. Mr. Neilson stated that they have received all the DEEP and Corps of Engineers permitting. He indicated that they have until Saturday to finish this project or they will have to wait until the Fall. He noted that 200 yards of the fill will be moved to other projects and the remainder will remain on site.
Mr. Neilson explained that the 1000 cubic yards removed will reduce to one quarter of that after it is dewatered. He noted that they will use approximately 100 yards on site for their parking lot.
Mr. Neilson noted there are two details for the berm. He stated that toward the end of the week they may have to put a liner over the pile so that rain does not impact the dewatering process. He noted that when the material is more easily handled they will begin removing it across the street. He noted that one third will be staying on site and two thirds will be moved across the street onto Mr. Swaney’s property.
A motion was made by John Johnson, seconded by Jane Marsh and voted unanimously to approve the following Municipal Coastal Site Plan as follows:
Whereas, the Zoning Commission has received an application for Municipal Coastal Site Plan Review Application for approval dated 1/26/2016, project is the Black Hall Marina maintenance dredging project; list of abutters; reference and resource maps; photographs and a map entitled “Coastal Site Plan Maintenance Dredging Black Hall River, January 20, 2016, property of Jolly Rogers Enterprises, 132 Shore Road, Old Lyme, CT prepared by Docko, Inc.”;
Whereas, the Zoning Commission heard testimony at its March 14, 2016 Regular Meeting, and the commission has had an opportunity to hear testimony from the applicant; and
Whereas, the proposed use is permitted under the Old Lyme Zoning Regulations with the approval of a Coastal Site Plan, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions in Section 4.2.3f and Section 13A of the Regulations with the following condition:
- Proposal will not exceed 200 cubic yard threshold thus eliminating the need for additional zoning permitting and compliance.
Whereas, the Coastal Site Plan Review Application for this property is approved because it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impacts.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13A.3.1, 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 deliberated and considered the evidence presented at the hearing as well as the input of its staff and professional consultants; and
Whereas, although the Zoning Commission has received comments from the Office of Long Island Sound Programs of the DEEPartment of Environmental Protection, after submitting the application materials to them for review, the Commission determines that the application as presented is consistent with the goals and policies of the Coastal Management Act;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval of the Municipal Coastal Site Plan Review Application dated 1/26/2016 project is the Black Hall Marina maintenance dredging project; list of abutters; reference and resource maps; photographs and a map entitled “Coastal Site Plan Maintenance Dredging, Black Hall River, January 20, 2016, property of Jolly Rogers Enterprises, 132 Shore Road, Old Lyme, CT prepared by Docko, Inc.” with the aforementioned condition and because it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impacts.
5. Municipal Coastal Site Plan Review Application for minor landscaping modifications west of CT Route 156, at the property of Ronald J. Swaney at 131 Shore Road, Docko, Inc., applicant.
Keith Neilson, Docko, was present to represent the applicant. He explained that Black Hall Marina is located directly across the street from Mr. Swaney’s property. He pointed out the area that would receive the material and noted that there will be erosion and sedimentation controls around the area. Mr. Neilson explained these controls as shown on the site plan. He noted that the material will be dumped and spread around after the topsoil is moved aside. He noted that the silt will be 75 percent dewatered when it is moved and will continue to dewater through the lawn and soil. He indicated that once it is stable and graded the berm will be pushed backed in and the topsoil will be re-spread over it and it will be replanted with salt tolerant grass.
Mr. Neilson noted that the DEEP has approved this project.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to approve the following Municipal Coastal Site Plan as follows:
Whereas, the Zoning Commission has received an application for Municipal Coastal Site Plan Review Application for approval dated 1/25/2016. The project is to dispose of 195 (+/-) CY of dredged fine, sandy marine silts from the Black Hall Marina maintenance dredging project; list of abutters; reference and resource maps and a map entitled “Coastal Site Plan, New Fill, 131 Shore Road, January 18, 2016, property of Ronald J. Swaney, prepared by Docko, Inc.”;
Whereas, the Zoning Commission heard testimony at its March 14, 2016 Regular Meeting and the Commission has had an opportunity to hear testimony from the applicant; and
Whereas, the proposed use is permitted under the Old Lyme Zoning Regulations with the approval of a Coastal Site Plan, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions in Section 4.2.3f and Section 13A of the Regulations with the following condition:
1. Proposal will not exceed 200 cubic yard threshold thus eliminating the need for additional zoning permitting and compliance.
Whereas, the Coastal Site Plan Review Application for this property is approved because it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impacts.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13A.3.1, 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
Whereas, although the Zoning Commission has received comments from the Office of Long Island Sound Programs of the DEEPartment of Environmental Protection, after submitting the application materials to them for review, the Commission determines that the application as presented is consistent with the goals and policies of the Coastal Management Act;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval of the Municipal Coastal Site Plan Review Application dated 1/25/2016 project is to dispose of 195 (+/-) CY of dredged fine, sandy marine silts from Black Hall Marina maintenance dredging project; list of abutters; reference and resource maps and a map entitled “Coastal Site Plan New Fill 131 Shore Road, January 18, 2016, property of Ronald J. Swaney, prepared by Docko, Inc.” with the aforementioned condition and because it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impacts.
6. Special Permit Application and Municipal Coastal Site Plan Review Application for construction of a 40’ x 60’ garage to store and repair paving equipment, also an office and bathroom will be in the garage as well on property located at 224 Shore Road, J. Robert Pfanner, applicant, Peter Lodi, Sr., owner.
Mr. Rosenfeld stated that the applicants are requesting a hearing in April.
A motion was made by John Johnson, seconded by Stacey Winchell and voted unanimously to receive the Special Permit Application and Municipal Coastal Site Plan Review Application for construction of a 40’ x 60’ garage to store and repair paving equipment, and also containing an office and bathroom, property located at 224 Shore Road and set a Public Hearing for Monday, April 11, 2016 at 7:30 p.m. in the Meeting Hall.
7. Special Permit Modification Application for removal of a condition on a Special Permit Application granted on May 12, 2014 wherein condition number four stated no liquor service on patio on property located at 100 Shore Road, Barbara A. Woods, applicant.
Mr. Rosenfeld stated that a modification to a condition of the Special Permit does not require a Public Hearing, although the Commission can modify without a Public Hearing. Chairman Cable stated that because it deals with alcohol service she feels there should be the opportunity for public comment.
Barbara Woods stated that she thought that her hearing would be this evening. Chairman Cable stated that the hearing will be held in April and there will be a fifteen day appeal period.
A motion was made by John Johnson, seconded by Jane Marsh and voted unanimously to receive the Special Permit Modification Application for removal of a condition on a Special Permit Application granted on May 12, 2014 wherein condition number 4 stated no liquor service on patio on property located at 100 Shore Road, Barbara A. Woods, applicant and set a Public Hearing for Monday, April 11, 2016 at 7:30 p.m. in the Meeting Hall.
8. New Business
None.
9. Old Business
None.
10. Approval of Minutes – Minutes of the January 11, 2016, Public Hearing and Regular Meeting
A motion was made by John Johnson, seconded by Stacey Winchell and voted to approve the January 11, 2016 Regular Meeting Minutes as submitted. The motion carried 4:0:1, with Alan Todd abstaining.
11. Correspondence
Extension letter regarding the Special Permit for Graybill Properties, LLC and the required mylar dated January 11, 2016 from Joe Wren, P.E., Indigo Land Design.
Chairman Cable stated that Joe Wren would like an extension to file the mylar for the Graybill Properties project. Mr. Rosenfeld stated that he does not see any reason not to grant this.
A motion was made by John Johnson, seconded by Jane Marsh and voted unanimously to grant an additional 65 days to file the mylar on the Graybill Properties, LLC project at 151 Boston Post Road.
12. Zoning Enforcement Report
No report. Mr. Rosenfeld indicated that he would provide a report at the April 11, 2016 Regular Meeting.
13. Miscellaneous/Adjourn
The meeting adjourned at 9:38 p.m. on a motion by John Johnson, seconded by Stacey Winchell and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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