OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, May 9, 2016
The Old Lyme Zoning Commission held a Regular Meeting on Monday, May 9, 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, Paul Orzel (Alternate) and Stacy Winchell, (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 regular members would be voting. She immediately recessed the Regular Meeting to conduct the Public Hearing. At 8:20 p.m. Chairman Cable reconvened the Regular Meeting.
A motion was made by John Johnson, seconded by Gil Soucie and voted unanimously to move items numbered 6, 7 and 8 to the beginning of the agenda and renumber.
1. Special Permit Application in order to allow the enlargement of an existing structure on a non-conforming lot for the purpose of meeting Old Lyme Flood Hazard and FEMA regulations under Sections 9.1.3.1 and 9.1.3.2 of the Zoning Regulations on property located at 45 Gorton Avenue, Richard Hyne, owner/applicant.
Sabrina Foulke, Point One Architects, stated that the house is in the R-10 Zone has a difficult septic system. She noted that they received a variance from the Zoning Board of Appeals and they are still trying to get through the septic system hurdle. She noted that they should have this worked out by next month. Ms. Foulke stated that the neighbors cesspool is also on the property, which was not discovered until after her clients purchased the property.
A motion was made by John Johnson, seconded by Gil Soucie and voted unanimously to receive the Special Permit for enlargement of an existing structure on a non-conforming lot for the purpose of meeting Old Lyme Flood Hazard and FEMA regulations on property located at 45 Gorton Avenue, and set a Public Hearing for Monday, June 13, 2016 at 7:30 p.m. in the Meeting Hall.
2. Special Permit Application in order to make renovations to existing structure and comply with FEMA under Sections 9.1.3, 9.1.3.1 and 9.1.3.2 of the Zoning Regulations on property located at 40 Pond Road, Lee Ferguson, owner/applicant.
Mr. Rosenfeld stated that the applicants are not present but would like their Public Hearing scheduled.
A motion was made by John Johnson, seconded by Gil Soucie and voted unanimously to receive the Special Permit for renovations to an existing structure and comply with FEMA on property located at 40 Pond Road, and set a Public Hearing for Monday, June 13, 2016 at 7:30 p.m. in the Meeting Hall.
3. Special Permit Application in order to demolish existing structure and construct a new structure eliminating two existing nonconformities and reducing one nonconformity under Section 8.2.3 of the Zoning Regulations on property located at 22 Sea Spray Road, Patricia Hooper, owner, Gerry Karpuska, applicant.
Chairman Cable noted that the applicant is not present and asked for a motion to set the Public Hearing.
A motion was made by John Johnson, seconded by Gil Soucie and voted unanimously to receive the Special Permit for demolition of existing structure and construction of a new structure eliminating two existing nonconformities and reducing one nonconformity under Section 8.2.3 of the Zoning Regulations on property located at 22 Sea Spray Road, and set a Public Hearing for Monday, June 13, 2016 at 7:30 p.m. in the Meeting Hall.
4. 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.
Ms. Marsh stated that going through a municipal property to access the area is something that makes this impossible to approve. She stated that they would be depending on that arrangement and they cannot do it.
Ms. Winchell stated that it doesn’t sound like customer parking if they can park all day. She noted that Mr. Corto stated that buying a coke would not be enough to allow all-day parking. Mr. Johnson stated that he does not see how eight or nine spaces for patrons that can park all day will increase the business. It was noted that in this area most of the patron traffic is foot traffic.
Ms. Marsh stated that she believes the applicant intends to let just his clients’ park on the property but she also feels that just because that is what he intends that is what will happen. She indicated that he has apprehension that his business will go down which has led him here. Ms. Marsh stated that clients will not even know how to get there. Chairman Cable stated that she is not sure if he is worried about Sugar Shack or Lenny’s. Ms. Marsh stated that this parking lot will not address his concerns.
Chairman Cable stated that the Sound View District Commission feels that this proposal is not appropriate for Sound View. She noted that their concerns were not just the curb cut, but also the fact that it is currently a walk-up business.
Chairman Cable asked for a motion to approve.
A motion was made by Mr. Soucie and seconded by Mr. Johnson to approve the application.
Mr. Rosenfeld stated that the Commission should make a motion to deny and read a list of reasons as stated in his letter to the Commission.
Mr. Soucie withdrew his motion and Mr. Johnson withdrew his second to that motion.
Ms. Marsh stated that in addition to Mr. Rosenfeld’s comments she would like to add the fact that access to the parking lot is through municipal property as a reason for denial. Mr. Orzel noted that when the Town lot fills up the Town lot is closed and this would create a safety hazard.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to deny the 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.as follows:
Whereas, the Zoning Commission has received an application for Special Permit application seeking to expand parking lot at the Sugar Shack Take Out Restaurant, 83 Hartford Avenue; and
Whereas, the Zoning Commission has evaluated this proposal at a duly noticed public meeting held on April 11, 2016, continued to May 9, 2016 and heard comments from the public; and
Whereas, the proposed use may be permitted under the Old Lyme Zoning Regulations; the Commission finds that the applicant has NOT provided sufficient evidence to demonstrate compliance with the technical provisions Section 13A and Section 5.13 of the Regulations.
Whereas, the Land Use Coordinator in a memo dated May 2, 2016 states the following:
- It looks as if the proposal will negatively impact the quality of life in the Sound View Neighborhood as it appears that the proposed development is NOT compatible with the existing characteristics of a sea-side community for the following reasons.
- Applicant has not demonstrated that the proposed use will not be hazardous or inconvenient to, or detrimental to the residential character of the Sound View Neighborhood.
- Applicant has not fully explained for whom the proposed parking has been designated for; either for employees or the Sugar Shack, employees of the applicant’s other businesses or customers.
- Opposed to the Sound View District’s required design elements, the planned access for delivery and service vehicles, driveway and parking area is proposed to be accessed by 10’ wide alley #2 which increases the safety issue.
- Commission finds that access through town property presently devoted to paid public parking is not guaranteed, suitable or approved.
- The applicant has not demonstrated how the premises will be suitably landscaped to be in harmony with adjacent lots and the character of the neighborhood.
- No landscaping has been proposed for the front of the building and the sidewalk.
- Applicant has not proven whether the proposal will have any impacts upon its existing effluent disposal system.
Whereas, the Commission finds that the applicant has NOT demonstrated compliance with the General Standards of Section 13A, in particular that the proposed use and site development are designed and arranged as follows:
to achieve safety, comfort and convenience;
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;
to show pedestrian, traffic and refuse concerns have been properly and adequately addressed; and
Whereas, the Zoning Commission has deliberated and considered the evidence presented at the meeting as well as the input of its staff; and
Now, therefore be it resolved that the Old Lyme Zoning Commission DENIES the Special Permit application seeking to expand parking lot at the Sugar Shack Take Out Restaurant, 83 Hartford Avenue.
5. Special Permit Application for construction of an expanded boathouse at Hains Park under Section 5.53 of the Zoning Regulations, which will be approximately 96’ x 66’ to store equipment for the Region 18 high school and community recreational rowing programs on property located at 166 Boston Post Road, Town of Old Lyme applicant.
Ms. Winchell questioned what work they are approving/considering. Mr. Rosenfeld stated that the application is for the boathouse, basketball court, parking, and turf areas.
A motion was made by Jane Marsh, seconded by Gil Soucie and voted unanimously to grant the Special Permit application as follows:
Whereas, the Zoning Commission has received a Special Permit Application dated February 2, 2016 with accompanying deed to the property, Statement of Use, list of abutters, small scale site plan EC100 and EC101, project specs for construction, estimate of costs, Record of Vote from April 5, 2016 Zoning Board of Appeals meeting granting variances, copy of IWWC Minutes dated January 26, 2016 approving modification to plans, a copy of IWWC Minutes dated August 26, 2014 approving project but to come back before IWWC if changes, Planning Commission Minutes dated January 14, 2016approving CGS 8-24 referral, copies of July 28 and Sept. 22nd, 2014 ZBA approvals, construction plans for an expanded boathouse, approximately 96’ x 66’ to store equipment for the Region 18 high school and
community recreational rowing programs as noted on the following plans: Boathouse/Hains Park Improvements, 166 Boston Post Road Old Lyme Connecticut Existing Conditions Plan dated July 17, 2014, revised to 8/18/14 prepared by BSC Group, Scale 1” = 20’ drawing no. EC-100; Boathouse/Hains Park Improvements, 166 Boston Post Road Old Lyme Connecticut Existing Conditions Plan dated July 17, 2014, revised to 8/18/14 prepared by BSC Group, Scale 1” = 20’ drawing no. EC-101; Boathouse/Hains Park Improvements, 166 Boston Post Road Old Lyme Connecticut Erosion & Sedimentation Control Plan dated December 16, 2015, revised to 03-01-2016 revision per sanitarian prepared by BSC Group, Scale 1” = 20’ drawing no. C-100; Boathouse/Hains Park Improvements, 166 Boston Post Road Old Lyme Connecticut Overall Site Plan dated December 16, 2015, revised to 03-01-2016 revision per sanitarian prepared by BSC Group, Scale 1” = 20’ drawing no. C-200; Boathouse/Hains Park
Improvements, 166 Boston Post Road Old Lyme Connecticut Site Plan dated December 16, 2015, revised to 03-01-2016 revision per sanitarian prepared by BSC Group, Scale 1” = 20’ drawing no. C-201; Boathouse/Hains Park Improvements, 166 Boston Post Road Old Lyme Connecticut Details dated December 16, 2015, prepared by BSC Group, Scale 1” = 20’ drawing no. C-300; Boathouse/Hains Park Improvements, 166 Boston Post Road Old Lyme Connecticut Details dated December 16, 2015, prepared by BSC Group, Scale 1” = 20’ drawing no. C-300; Boathouse/Hains Park Improvements, 166 Boston Post Road Old Lyme Connecticut Details dated December 16, 2015, revised to 03-01-2016 revisions per sanitarian, prepared by BSC Group, Scale as noted drawing no. C-301;
Whereas, the Zoning Commission has held a duly noticed public hearing on May 9, 2016, and the Commission has had an opportunity to hear testimony from the public and from the applicant; and
Whereas, the proposed Hains Park Boathouse is allowed by Special Permit under Section 5.3.3 of the Old Lyme Zoning Regulations, and the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions in Section 13B of the Regulations
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 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 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 Application for the proposed Hains Park Boathouse located at 166 Boston Post Road, Old Lyme, CT.
6. Special Permit Application in order to purchase adjacent land at 31-2 Library Lane in order to expand existing cemetery under Sections 5.2 and 5.2.3 of the Zoning Regulations, for Old Lyme Cemetery Association Inc., 31-1 Library Lane, applicant; record owner of 31-2 Library Lane, Mr. & Mrs. W. Alan Froggatt, Jr.
Action on this item was tabled until a decision is made by the Inland Wetlands and Watercourses Commission.
7. Municipal Coastal Site Plan Review Application for a deck enlargement at 90 West End Drive, P. L. Mountzoures, Inc., applicant, Scott Hoffman, property owner
The opening was tabled to the June 13, 2016 meeting Regular Meeting.
8. Coastal Site Plan Application to increase deck directly on the beach, 90 West End Avenue
Mr. Rosenfeld read a letter from Marcy Balint regarding her Coastal Site Plan review of 90 West End Avenue, finding it generally consistent but with comments. He explained they would like to increase the size of their deck that is directly on the beach. He noted that the current deck is 4’ x 4’ and the proposed deck is 8’ x 16’. Mr. Rosenfeld showed the Commission the site plan.
Ms. Marsh stated that the Zoning Commission is the reviewing agency and the Commission does not have much to review, only a sketch on the assessor’s map. Mr. Rosenfeld stated that he will request more from the applicant. It was also noted that there are no elevations on the plan.
9. New Business
Chairman Cable stated that the Zoning Board of Appeals has no business giving a height variance because of FEMA as it is not a unique hardship. She stated that the Commission needs to have some serious discussion about building heights and possible revisions to the Regulations. Chairman Cable stated that a variance is for a unique situation. She indicated that she will get in contact with Attorney Branse.
10. Old Business
None.
11. Approval of Minutes – Minutes of the April 2016, Public Hearing and Regular Meeting
A motion was made by John Johnson, seconded by Gil Soucie and voted unanimously to approve the minutes of the April 2016 Regular Meeting as presented.
Mr. Johnson stated that they still have not received the minutes from March 14, 2016.
12. Correspondence
None.
13. Zoning Enforcement Report
None.
Miscellaneous/Adjourn
The meeting adjourned at 9:37 p.m. on a motion by John Johnson, seconded by Stacy Winchell and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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