RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Tuesday – OCTOBER 9, 2018, 7:30 P.M.
Meeting Hall at Memorial Town Hall
52 Lyme Street, Old Lyme, CT
1. Convene Meeting; announcement of voting members.
Present and voting: Jane Cable, Chair, Gil Soucie, Vice Chair, Jane Marsh, Secretary, Alan Todd and Paul Orzel
Also present: Stacey Winchell, alternate, Harvey Gemme, alternate and Keith Rosenfeld, Land Use Coordinator
Absent: None
PUBLIC HEARING:
1. Petition to Amend the Old Lyme Zoning Regulations, Section 5.10.3 entitled “Special Permit Uses, Per Section 13B” amended by the addition of the following use under that section: “Section 5.10 is entitled “Commercial C-30 District (C-30) and C-30S District (C-30S)” Self-Storage Unit Facility. Petitioner, Frank Maratta.
A Motion was made by J. Marsh, seconded by A. Todd to CONTINUE the Public Hearing to the November 13, 2018 Regular Meeting at 7:30 p.m. in the Meeting Hall on the Petition to Amend the Old Lyme Zoning Regulations, Section 5.10.3 entitled “Special Permit Uses, Per Section 13B” amended by the addition of the following use under that section: “Section 5.10 is entitled “Commercial C-30 District (C-30) and C-30S District (C-30S)” Self-Storage Unit Facility. 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:
A Motion was made by G. Soucie, seconded by P. Orzel to move item number 4 on the agenda to item number 1 and renumber. 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
1. [4.] Special Permit Application to allow alcohol sales as an accessory use within an existing restaurant on property located at 11 Halls Road, Dock 11 Café Liquor Permit, Vincent Pacelli, Jr./applicant, Graybill Properties, LLC/property owner.
A Motion was made by A. Todd, seconded by G. Soucie to Receive and set a Public Hearing date for November 13, 2018 at 7:30 p.m. in the Meeting Hall for the Special Permit Application to allow alcohol sales as an accessory use within an existing restaurant on property located at 11 Halls Road, Dock
11 Café Liquor Permit. 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. Connecticut General Statutes 8-30g – Affordable Housing Application for 18-1 Neck Road (formerly 16 Neck Road) for 23 dwelling units. Graybill Properties, LLC, property owner. Neck Road Hope Housing, LLC, applicant. To be known as River Oak Commons I.
3. Connecticut General Statutes 8-30g – Affordable Housing Application for 18-2 Neck Road (formerly 16 Neck Road) for 14 dwelling units. Graybill Properties, LLC, property owner. Old Lyme Hope Housing, LLC, applicant. To be known as River Oak Commons II.
A Motion was made by G. Soucie, seconded by J. Cable to GRANT with Conditions the Affordable Housing Application for 18-1 Neck Road - Neck Road Hope Housing, LLC, (formerly 16 Neck Road) for 23 dwelling units to be known as River Oak Commons I and 18-2 Neck Road Old Lyme Hope Housing, LLC (formerly 16 Neck Road) for 14 dwelling units to be known as River Oak Commons II as follows:
The Old Lyme Zoning Commission has held several public hearings on this application (May 14, 2018, June 5, 2018, June 11, 2018, July 9, 2018, July 17, 2018 and September 10, 2018). Many items were entered into the record, testimony was received from the Applicant, experts and the public. The plans and surveys submitted through the process and up to September 10, 2018 shall be the plans approved with the conditions set forth herein. This approval binds the present and future owners of the property. Based upon what has been received into the record, the Commission makes the following findings and decision to approve the Project:
- The Applicant has proposed a set aside development with 100% of the 37 units being affordable, rented and restricted. This application is an affordable housing project under Conn. Gen. Stat. 8-30g.
- No construction activities shall be conducted on the property, including demolition of the existing house or clearing of the property, until the Applicants have obtained all the necessary permits and approvals from all local, regional, state and federal agencies having jurisdiction, unless such activity is a condition or requirement for obtaining such approval.
In the event any such activities are to be conducted in order to satisfy another approval process, the Applicant shall provide prior written notice to the Old Lyme Zoning Enforcement Officer (hereinafter “ZEO”) and the Commission.
3. Upon receipt of any such required approval from any local, state or federal authority having jurisdiction, a copy of such permit or approval shall be filed with the ZEO and the Commission.
4. Prior to the commencement of any construction activities by one or both of the Applicants, the Applicant shall provide to the Commission and the ZEO written notice of the name and contact information for its construction contact person and shall schedule a pre-construction meeting with such officials as the Town shall designate within 10 business days after the date said notice of intent to commence construction. The Applicants agree that notice given to the designated contact person shall be deemed notice to the Applicant. Any change in the contact person or the contact information shall be provided to the ZEO and Commission in writing.
Specifically included within the approvals to be obtained prior to commencement of construction is the Connecticut Department of Transportation (hereinafter “CTDOT”) Encroachment Permit onto Neck Road, as recommended by Thomas E. Metcalf, P.E., L.S. (hereinafter “Metcalf”), the septic permits for each of the septic systems from Ledge Light Health District (hereinafter “Ledge Light”) and the Connecticut Department of Health with respect to the Certificate of Public Convenience and Necessity (from the Connecticut Department of Health, hereinafter “DPH”) for the community water system and any other permit required for this project which needs to be approved by any municipal, regional, State or Federal agency.
5. That the owner of Lot 1 shall meet all the requirements of the CTDOT permit which shall include maintaining the sightlines, both north and south from the entry to the access roadway at Neck Road; that the locations of the “point or origin” at the access roadway entry should be at the centerline of the exit travel lanes; and that the 15 ft. roadway setback for the point of origin should be verified in relation to the edge of pavement or the travel lane painted line. The traffic engineer for the Applicants shall perform an additional speed count as set forth in their final report and the final report of the Commission’s Traffic Engineer. This additional report should be provided to the Commission’s Traffic Engineer, who shall comment on the report, and then both
shall be sent to the ZEO and the Commission for review and possible further action.
If the as-constructed location or elevation of the access roadway entrance varies from that shown on the approved Plan, the Applicant shall provide an “as-built” sightline demonstration plan approved by CTDOT verifying that minimum sightline distances are provided. A copy of the CTDOT approved as built plan shall be provided to the Town of Old Lyme prior to the commencement of construction except as permitted under paragraph 1.
The foregoing requirements as recommended by Metcalf shall be incorporated into an appropriate document to be filed on the Old Lyme Land Records. (See Paragraph 16 below.)
6. Any substantial modifications to the approved site layout plans going beyond insubstantial field changes, including, but not limited to, septic systems, water supply systems and access roadway location, shall be submitted to the Commission and the ZEO for review by the appropriate Town officials to determine if such modifications are substantially consistent with the approval of the Applications, and do not result in any new or different health or safety concerns. The ZEO shall advise the Commission whether he believes the changes are minor or substantial, If the Commission determines such changes go beyond insubstantial field changes and may result in new or different health or safety concerns, the Commission shall so notify the owner of the property that a modification of this
approval is required from the Commission, which shall determine if a modification to the approval is required, and if so, a formal modification application shall be required.
7. In the event the total site disturbance (5 acres or more) requires registration with the Connecticut Department of Environmental Protection & Energy Protection (CTDEEP) for the General Permit for the Discharge of Stormwater and Dewatering Wastewaters from construction activities, the Applicants will provide the copy of such issued registration prior to any construction, including site clearing, except as may be permitted under Condition 2 above.
In the event the Applicant deems that it is not required to so register, the Applicant shall so notify the ZEO and the Commission and shall not conduct any construction including site clearing, except as permitted under Condition 2 above, until 10 business days after such notification is received by the ZEO and Commission.
8. Upon completion of the stormwater/detention/water quality basin, the Applicants shall notify CTDEEP to determine what, if any, permit registration or further investigation is required. The ZEO and Commission shall be notified by the Applicants of any and all notifications and decisions by CTDEEP.
9. There are two separate Applications for the two separate parcels shown on Lot 1 and Lot 2 on the Graybill Properties Record Subdivision Map. As pointed out by Metcalf, there are a number of common improvements and uses on each parcel that benefit both parcels. Therefore, appropriate maps and documents, including, but not limited to, easement documents and the site management plan referenced below, shall be reviewed and approved by Zoning Commission counsel as to form and content, consistent with the approval of the Applications to be recorded on the Old Lyme Land Records prior to commencement of construction, except as permitted under Condition 2 above. All affordability plans shall be reviewed for form and content by the Commission’s attorney. All Coastal Area
Management requirements are deemed to be approved as modified herein.
10. The Applicant will provide a site management plan to include those property management conditions required for approval substantially in form and content as submitted for the Record in connection with the Applications. Said plan shall be reviewed and approved by Zoning Commission counsel as to form and content, consistent with the approval of the Applications to be recorded on the Old Lyme Land Records prior to commencement of construction, except as permitted under Condition 2 above.
11. The septic system for each of the buildings and/or the Project shall require the issuance of a Permit(s) from Ledge Light. The Applications will be for systems to accommodate the residential buildings and the replacement for the Housing Management Buildings shown on the Application site plans and preliminary architectural plans approved under the Applications. In the event there are substantial modifications to the septic system plans, the provisions of paragraph 6 shall apply.
12. If any terms and provisions of the CTDOT Encroachment Permit require modification to the approved Site Plans, the provisions of paragraph 6 above shall apply.
13. The Applicant has provided a replacement for the community building designated a “Housing Management Building” as shown on a preliminary plan entitled “River Oak Commons II A 2.5” prepared by Point One Architects and filed as part of the Record. The final Site Plans shall be modified to reflect the location of the Housing Management Building together with such modification to the Site Plans as may be required. The Site Plan revisions shall be reviewed by Metcalf or such other reviewing engineer as the Commission shall designate to assure compliance with site grading requirements.
14. The Applicant has received approval from the school Superintendent and the school bus company for the location of the “drop-off/pick-up” area for public school students. At the time of Building Permit application, the Applicant shall provide confirmation satisfactory to the ZEO and Commission that the plans submitted for a Building Permit contain the required “drop-off/pick-up” areas and are approved by the Superintendent and bus company.
15. The Applicant has received approval from the Ambulance Association for the roadway providing access to all the residential buildings and the Housing Management Building at a roadway grade not to exceed 10%. At the time of Building Permit application, the Applicant shall provide a confirmation satisfactory to the ZEO and the Commission that the plans submitted for a Building Permit contain the required access have been approved by the Ambulance Association.
16. This approval is conditioned upon the satisfactory review and approval of the Town’s Fire Marshal, and the Commission’s Traffic Engineer, Engineer, and Attorney in order to satisfy any previous report or to satisfy any new concern.
17. Each of the foregoing Conditions of Approval and this paragraph are integral to decision of the Zoning commission to approve the Applications for River Oak Commons I and River Oak Commons II.
All the terms and conditions requiring maps and written documents shall be reviewed and approved by Zoning Commission counsel as to form and content, consistent with the approval of the Applications, which shall be recorded on the Old Lyme Land Records prior to commencement of construction, except as permitted under Condition 2 above.
No further discussion and a vote was taken. In favor: J. Cable, G. Soucie, A. Todd Opposed: J. Marsh, P. Orzel Abstaining: None The motion passed 3-2-0.
4. Petition to Amend the Old Lyme Zoning Regulations, Section 5.10.3 entitled “Special Permit Uses, Per Section 13B” amended by the addition of the following use under that section: “Section 5.10 is entitled “Commercial C-30 District (C-30) and C-30S District (C-30S)” Self-Storage Unit Facility. Petitioner, Frank Maratta – Public Hearing Continued to the November 13, 2018 Regular Meeting
5. New Business – Approval of the 2019 Zoning Commission Regular Meeting Dates
A Motion was made by P. Orzel, seconded by A. Todd to APPROVE the 2019 Zoning Commission Regular Meeting dates as submitted. 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
6. Old Business
7. Approval of Minutes – Minutes of the September 10, 2018 Public Hearing and Regular Meeting – Tabled to next month
8. Correspondence
9. Zoning Enforcement Report
10. Miscellaneous/Adjournment
A Motion was made by P. Orzel, seconded by J. Marsh to adjourn the October 9, 2018 Regular Meeting. 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 8:35 p.m.
Jane Cable, Chairman
THE NEXT REGULAR MEETING OF THE ZONING COMMISSION IS
TUESDAY, NOVEMBER 13, 2018, 7:30 P.M.,
MEETING HALL, 52 LYME STREET, OLD LYME, CT
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