APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, January 12, 2004
The Old Lyme Zoning Commission held its Regular Meeting on Monday, January 12, 2004 in the auditorium of Memorial Town Hall. Members present were Ted Kiritsis (Chairman), Jane Marsh (Secretary), Eric Fries (Vice Chairman - arrived at 7:45 p.m.), Joan Bozek (Member) Tom Risom (Member), Howard Tooker (Alternate), and John Johnson (Alternate). Also present was Ann Brown, Zoning Enforcement Officer.
1. Convene Meeting; announcement of voting alternates.
Chairman Kiritsis called the meeting to order at 7:32 p.m.
2. Lyme Academy of Fine Arts – Discussion on Lights in Parking Lot.
Ms. Brown stated that she received the As-Built Drawing this afternoon. Peter Conrad, Architect with Herbert S. Newman and Partners, was present to represent the applicant. He indicated that at the last meeting he was asked to look at ways to correct the lighting situation. Mr. Conrad stated that a certain amount of the glare produced was because of the level of lighting. He stated that they have studied the situation and have come up with several different courses of action that will improve the situation.
Mr. Conrad noted that the fixtures along the property line were required to have shields, which should stop the light from spreading. He stated that the shields are installed and conform to the approval. Mr. Conrad explained that the light bulbs were changed from clear lamps to coated lamps, which reduces the direct glare. He indicated that they also changed some of the lamps from metal to mercury vapor. Mr. Conrad stated that this reduces the light output of the fixture. He indicated that it cuts the output by almost half. He explained that the last course of action is to change the clear glass panels in the fixtures to frosted glass, which will again cut the glare. Mr. Conrad stated that this would be done in certain locations, the ones adjacent to the adjoining property and
perhaps out by the street. He noted that they have changed the glass panels in one lamp already.
Mr. Fries questioned whether there was one lamp that already has all the changes, i.e., the bulb, glass, etc. Mr. Conrad stated that they do not have one lamp with all the changes. He stated that they have one with the lamp changed and one with panels changed.
Ron Icorn, lighting consultant, stated that the house side shields minimize spill light to the adjacent property. He stated that the lenses in the lantern with frosted glass virtually eliminate any glare. Mr. Icorn stated that to do anything more than that with the two fixtures that are the entrance would be unnecessary. Ms. Marsh stated that she would like to see how it looks before the Commission makes a recommendation.
Mr. Risom stated that when the lights first went up they were as bright as high beams. He noted that the trespass lighting is defined as the lamp not being visible from off the property. Mr. Risom stated that until the situation is such, the changes are not adequate. He indicated that he is hopeful that the solution proposed will suffice.
Mr. Kiritsis stated that there was a question on the elevation of the parking area. Ms. Brown stated that she has not had time to review the as-built. She questioned whether the applicant made any changes to the building mounted lights or bulbs. Mr. Conrad replied that they did not because those are exactly as shown on the plan. Ms. Brown stated that she has had complaints that those lights are glaring into the neighbor’s property and asked Mr. Conrad to look into that situation.
Chairman Kiritsis asked the Commission members to observe the light in the revised fixture and asked Lyme Academy to be present at the February Regular Meeting to discuss further. He indicated that they would also discuss whether the landscaping plan has been fulfilled.
At 8:00 p.m., Chairman Kiritsis adjourned the Regular Meeting to conduct the Public Hearing. Chairman Kiritsis reconvened the Regular Meeting at 8:25 p.m.
3. Eastport West/Kellogg Marine, discussion on complaint of activities in parking lot after 6:00 p.m.
Phil Biondo was present to represent Eastport West, along with the General Manager for Kellogg Marine Supply and Mario DiLoretto. Mr. Biondo stated that in early December Ms. Brown asked Kellogg Marine Supply to cease operation of forklifts outside the building area after 6:00 p.m. He explained that a Cease and Desist Order was then issued requesting that Kellogg Marine Supply not use any mechanical equipment outside the hours of 6:00 p.m., which also included their distribution trucks. Mr. Biondo stated that he has reviewed the meeting minutes from the Public Hearing and there are many occasions in the minutes when trucks, receiving truck, distribution trucks and forklift operations were defined. He explained that receiving trucks are semis and distribution trucks are smaller box trucks. Mr.
Biondo stated that the notes on the site plan further define the use of receiving and distribution trucks. He indicated that Note #8 was added to limit the hours of receiving trucks from 7:30 a.m. to 5:00 p.m. Mr. Biondo explained that Note #9 limits the maximum number of receiving trucks to 56. He noted that the opening of the access drive from 7:00 a.m. to 6:00 p.m. Mr. Biondo pointed the access drive and north access gate out on the site plan.
Mr. Biondo explained that the closing of the gates at 6:00 p.m. restricts receiving trucks from accessing the property and the loading areas. He stated that Note #11 indicates that no forklifts or mechanical equipment can be used outside the building after 6:00 p.m. Mr. Biondo reiterated that when Kellogg Marine was notified of this stipulation, they ceased operating the forklifts outside after 6:00 p.m. immediately.
Mr. Biondo stated that the public record is very clear on the use of distribution trucks and the fact that they leave very early in the morning. He noted that often times these trucks return after hours from the day’s deliveries. Mr. Biondo stated that these trucks come in after hours through the northerly entrance, which is the farthest away from the residential area. He noted that this is the way the facility has been run for two and one-half years. Mr. Biondo stated that he believes the record is clear as to when the distribution trucks would be moving in the yard. He stated that he is here this evening to respectfully request that the Commission review the public record and rescind the Cease and Desist Order issued December 15, 2003.
The General Manager of Kellogg Marine explained that this time of year he uses fourteen distribution trucks, which load at 7 different bays. He noted that the back-up alarms are DOT required. Ms. Marsh stated that it was her understanding that the distribution trucks would back in at the end of the day at remain there until the early morning. She indicated that she does not remember there being discussion about the scuffling of trucks in the evening.
Ms. Bozek indicated that it is her recollection that the neighbor’s concerns about noise were accommodated by limiting the mechanical activity outside the building after 6:00 p.m. Mr. Biondo stated that if Kellogg Marine had thought that they could not load their trucks in the evening, they would have thought twice about coming to Old Lyme. Mr. Biondo reiterated that Kellogg has been running their business in this matter for two and one-half years and he does not think it is right for the Commission to limit their use at this point in time.
Attorney DiLoretto stated that he contacted Kellogg Marine after receiving the notice about the forklifts. He stated that the Cease and Desist fairly paraphrases the condition of approval and did not actually state no motor vehicles, trucks or cars. Attorney DiLoretto stated that Ms. Brown explained the explicit intent of the Cease and Desist, at which time he considered appealing the C&D to the Zoning Board of Appeals. He indicated that his first thought was to try to resolve the issue with the Zoning Commission. Attorney DiLoretto stated that if the intent of Note #11 is as the Commission is now stating, it would negate the need for the other notes regarding gates, etc.
Mr. Fries stated that it would make sense that some of the distribution trucks would have to move in the evening, especially in the spring and summer when more trucks are used. He indicated that Kellogg Marine did explain their operations and it would make sense that some trucks would have to back up at night. Mr. Risom pointed out that the trucks would be constrained to the north and west side of the building. He noted that when it was noted that they would have to cut into the rock wall further, it was mentioned that that would create an additional buffer to the west.
Dr. Shannon stated that he believes that Note #11 is very clear, as it states no mechanicals after 6:00 p.m. He indicated that he recalls testimony that when the trucks backed up there is some type of rubber gasket around the bay which would be soundproof and that all activity would be inside. The Manager of Kellogg Marine noted that the purpose of the rubber gasket around the bay is to protect from the constant back-up alarms of the forklifts inside the building.
Mr. Fries stated that he would like to review the minutes of all the public meetings before making any decisions. All Commission members agreed. Attorney DiLoretto stated that they have filed an appeal. Attorney DiLoretto stated that he is quite confident that the Commission’s review would clarify the situation. The Commission agreed to carry this item on the agenda to the February Regular Meeting.
A motion was made by Joan Bozek, seconded by Eric Fries and voted unanimously to move Item #6 up on the agenda.
4. Site Plan/Special Exception Application for Accessory Apartment, 9 Coult Lane, Frank and Maria Purdue, applicants.
Ms. Bozek questioned whether the Regulations require that the new owner of an accessory apartment come before the Commission and show that the owner resides on the premises. She indicated that the subsequent owner has additional obligations.
A motion was made by Jane Marsh, seconded by Joan Bozek and voted unanimously to approve the Site Plan/Special Exception Application for Accessory Apartment, 9 Coult Lane, Frank and Maria Purdue, applicants, with the condition that the property be brought into compliance by removing the cooking facilities from the accessory building prior to Chairman signing the Special Exception.
5. Package Store Liquor Permit for 53 Hartford Avenue, transfer of ownership, Nino DiNino, applicant.
Ms. Brown stated that the ownership of this package store has changed, although the license remains the same. She noted that the permit requires a Zoning authorities signature. Mr. Kiritsis stated that the permit is currently in the name of Heidi DiNino and will be transferred to Nino DiNino. The Commission asked Ms. Brown to verify that there are currently no violations on the site and agreed to approve it accordingly.
A motion was made by Jane Marsh, seconded by Joan Bozek and voted unanimously to authorize Ted Kiritsis to sign the Package Store Liquor Permit for 53 Hartford Avenue, Nino DiNino, applicant, pending a determination by the Zoning Enforcement Officer that there are no violations on the site.
6. Petition to Amend the Zoning Map, 57 Four Mile River Road, from RU-40 to LI-80, Judith and Salvatore Carpenteri, applicants.
Ms. Marsh noted that the lot is a lot of record and the location is not a desirable house lot. She stated that it is not often that a situation like this occurs where the owner next door is willing to contribute land to make a conforming lot. Mr. Risom noted that if the Commission does not approve the petition, the owner’s next recourse is the Zoning Board of Appeals. He noted that with the zoning map change the applicant would be able to make some use of the lot.
Ms. Marsh pointed out that the Commission would be able to review the specific plans for the lot when the applicant comes before them with a site plan. Ms. Brown noted that any lot line modification must go before the Planning Commission, whether it is a subdivision or not.
A motion was made by Jane Marsh, seconded by Tom Risom and voted unanimously to approve the application to modify the zone line for the LI-80 zone to 1,045’ from the centerline of the Route 95 right-of-way on the east side of Four Mile River Road, with the condition that no representation is made by the Zoning Commission that the industrially zoned lot is suitable for building, and that the property boundary be modified as soon as possible to add the newly created industrial land into the lot at 57 Four Mile River Road.
7. Approval of Minutes.
A motion was made by Eric Fries, seconded by Tom Risom and voted to approve the minutes of the October 15, 2003 Regular Meeting and Public Hearing, 4:0:1, with Ms. Bozek abstaining.
Mr. Kiritsis stated that he would like to discuss asking Sue Bartlett to resume clerking for the Zoning Commission. Mr. Risom questioned whether she would be attending the meetings. Ms. Brown stated that Ms. Bartlett stopped attending the meetings because of her workload. Mr. Kiritsis stated that he would speak with Sue Bartlett and leave it up to her as to whether she could attend the meetings or not.
8. ZEO Report.
Ms. Brown distributed the Zoning Enforcement Report. Ms. Bozek stated that she believes it would be a good idea for the Commission to come up with an enforcement policy for neon signs and soda machines. She noted that Graybill’s Texaco on Halls Road now has two lit soda machines. Ms. Bozek stated that the Webster Bank sign is still lighted. Ms. Brown noted that a Zoning Permit was issued many years ago for the Webster Bank internally lit sign.
Mr. Fries stated that all the neon signs/soda machines must be noticed at one time. Ms. Marsh stated that she would be willing to allow them only when the stores are open. Mr. Fries stated that their existence is in violation of the Zoning Regulations. Mr. Fries stated that the Commission needs to decide whether they want to devote resources to this enforcement endeavor. Mr. Tooker indicated that the small neon signs do not bother him. Mr. Risom stated that the signs are not high enough on his list of enforcement issues. Ms. Marsh stated that it is the proliferation of neon signs and soda machines continuing that she is concerned about.
Mr. Fries stated that the Citgo on Shore Road/Hartford Avenue, as a condition of approval, was supposed to remove the stripped Citgo trademark. He asked Ms. Brown to check into the approval. Ms. Brown stated that the Town Attorney has never produced the easement for this property so that they could complete their filing. She noted that the Town Attorney has been reminded several times. Ms. Marsh and Ms. Bozek agreed that Ms. Brown could enforce against the properties identified this evening.
Mr. Fries stated that the Task Force for Sound View Revitalization, headed by Skip Sibley, met last week for the first time. He stated that there was representation from many of the Town Commissions, along with Linda Krause. Mr. Fries stated that after their initial review of the document, the Zoning Commission provided some comments. He stated that the Task Force is looking for additional comments by February 9, 2004. Mr. Fries noted that they are looking for issues that would be tagged “non-starters,” one’s that would clearly stop the process. He explained that the issues that the Task Force identified were issues of parking and septic disposal. Mr. Risom pointed out that the septic disposal issues are non-negotiable. Mr. Fries stated that there could be
systems designed off the property, etc., that would have to be approved by the State. He noted that parking is another big issue, because of the limited parking. Mr. Fries stated that people coming for the day to use the beach use many of the parking spots. He noted that off-site parking is an option or allowing additional parking lots in the zone.
Mr. Fries stated that another issue is how many people can use the beach at once. Ms. Marsh questioned who of the public would be served by additional parking. Mr. Kiritsis stated that liquor is another issue. He noted that if the document were approved, every establishment could be a liquor store. Mr. Kiritsis stated that he is also concerned about setting the precedent of establishing a special zoning district.
Ms. Brown suggested rezoning the entire area residential and let cottages prosper, instead of trying to make something that has clearly failed. Mr. Risom questioned why the Town is trying to do anything and not just let the market dictate what the area can be. Mr. Fries asked that this item be carried on the agenda for the February Regular Meeting.
Ms. Brown stated that the Town is negotiating with the Elgart’s, 25 Library Lane. She noted that she is hoping that a settlement can be reached shortly.
Mr. Risom questioned the enforcement status of 10/12 Seaside Lane. Ms. Brown noted that they will be paying the Town approximately $6,700.00 to reimburse for legal fees and they will also be in compliance by May 1, 2004, which may entail removing the cottage.
Ms. Brown stated that Sherlock 221 has a café license because she signed the application form. She noted that this was clearly an error on her part. Ms. Brown stated that it was her understanding that Anne’s Bistro would only have a wine and beer permit. Mr. Risom stated that the Commission approved a service bar from which to serve tables. Ms. Brown stated that the written record shows none of that. She stated that the record of the zone change does indicate that in no case may a café permit be issued. Mr. Kiritsis stated that he has asked Ms. Brown to bring all liquor permits to the Commission for approval before signature.
Mr. Kiritsis stated that the definitions of tavern and café establish the differences. He noted that a tavern is beer and wine service only. Ms. Brown noted that cafés are strictly prohibited in the Regulations. Ms. Marsh stated that if Ms. Brown has issued a permit for something that is not allowed because of the Regulations, she could rescind it. Ms. Brown stated that she would rescind the café permit issued to Sherlock 221.
Ms. Brown stated that the separating distance of 750 feet applies to liquor serving establishments where the serving of alcohol is an accessory use to the principal use of the serving of meals at a full service restaurant.
Ms. Brown stated that Lynn Sherlock indicated to her that the reason she wanted a café license was because it allows18 year olds to serve alcohol and the other licenses do not allow that. She noted that most of the employees of Lynn’s are under 21 years of age. Ms. Brown noted that Ms. Sherlock also stated that the serving of hard liquor is very important to her business. Mr. Kiritsis stated that in order to receive a full liquor license she would have to come back to the Commission. This item will be carried on the agenda for the February Regular Meeting.
Ms. Brown stated that she has written an annual report for the Commission. She noted that she has been here for two years and thought it a good time to report to the Commission on what’s working and what’s not. Ms. Brown stated that when she first came to work for the Town her goal was to help create a kinder and gentler land use office and she believes that she and Ms. Groves and Ms. Bartlett have done that.
Ms. Brown stated that the land use office is extremely busy. She noted that it appears that at the annual Town meeting the Wetlands and Conservation will become two separate commissions. Ms. Brown stated that she is concerned about staffing levels for that new meeting. She indicated that she is currently having difficulty getting her work done and she cannot afford the time for another commission. Ms. Brown stated that she would hope that the Town would consider hiring another staff person to help specifically with the Wetlands Commission and Conservation Commission. She noted that another commission that could use some administrative help is the Open Space Commission. Ms. Brown stated that she currently does the administrative work for the Wetlands Commission. Ms. Brown stated
that she would copy her report and send it out to Commission members.
Ms. Bozek stated that even with the full-time addition of Sue Bartlett, the land use office is working with less man-hours than in previous years. She noted that so many commissions are being orchestrated through the land use department. Ms. Bozek stated that the land use office is understaffed and doing more work with less man-hours.
9. Regulation Rewrite – Set Special Meeting.
A Regulation Rewrite Meeting has been scheduled for Monday, January 26, 2004 at 7:30 p.m. Mr. Kiritsis indicated that he would like to finalize the Regulation Rewrite in 2004. He noted that the definition section is extremely. Mr. Kiritsis stated that he would review the status of the rewrite and be sure each Commission member gets the next section to be reviewed.
10. Correspondence.
Ms. Brown stated that she has prepared the 2004/2005 budget. Ms. Marsh suggested that she include a statement indicating that another staff person is required. The Commission reviewed the budget and discussed the legal ads for 2004/2005. Ms. Marsh suggested discussing the issue with the Main Street News and trying to resolve problems in order to continue using them for the legal advertisements.
11. Miscellaneous/Adjourn.
A motion was made by John Johnson, seconded by Joan Bozek and voted unanimously to adjourn at 10:40 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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