APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF THE PUBLIC HEARING
Monday, July 12, 2004
The Old Lyme Zoning Commission held its Public Hearing on Monday, July 12, 2004, in the auditorium of Memorial Town Hall. Members present were Ted Kiritsis (Chairman), Jane Marsh (Secretary), Tom Risom and Steve Ames (Alternate). Also present was Ann Brown, Zoning Enforcement Officer.
The Public Hearing convened at 7:31 p.m.
1. Site Plan Application to construct offices/workshop, 57 Four Mile River Road, Peter Mountzoures, applicant.
Ms. Marsh read the legal as published in the Main Street News on Thursday, July 1 and Thursday, July 8, 2004 and the list of exhibits for the record. Ms. Brown noted that the letter from the Inland Wetlands Commission indicates that they have not yet made a decision on this matter and therefore the Zoning Commission should hold off making a decision and presumably continue this Public Hearing to the August meeting. She noted that the applicant has submitted revised plans to address Mr. Metcalf’s comments.
David Coonrod, Surveyor, and Peter Mountzoures were present to explain the application. Mr. Coonrod explained that the property in question is located at the corner of Colton Road and Four Mile River Road. He explained that that Sheet 1 depicts the proposed building and Sheet 2 shows the parking area and grading plan. Mr. Coonrod stated that Mr. Mountzoures is a contractor and most of his work is roofing, siding, windows and painting. He noted that the proposal is to have the office in the front of the building facing Four Mile River Road, garages in the middle for his trucks, a workshop and his office in the back portion of the building. Mr. Coonrod noted that parking is located along the southeast side of the property to take care of employees. He noted that there are also four
additional parking spaces on the north side.
Mr. Coonrod stated that where the existing driveway goes into Mr. Carpentieri’s lot is in the same spot they are proposing their driveway. He noted that the neighbors have reached an agreement in this regard. Ms. Marsh questioned whether this is allowed by the Regulations. Ms. Brown explained that the Regulations state that one cannot access commercial through a residential district unless, not the other way around. Mr. Coonrod stated that they are trying to cut down the driveway entrances on Four Mile River Road. Ms. Marsh stated that the agreement with Mr. Carpentieri should indicate that it is an agreement only as long as he owns the house and if he sells they must get your own driveway. Mr. Coonrod stated that he could get that in writing.
Mr. Coonrod stated that there are existing trees along the southerly boundary line, which they are going to save, and in between those trees they will be adding white pines. Ms. Marsh asked that a note be added to the plan that indicates that the existing trees will remain.
Mr. Coonrod noted that the building is a prefabricated, one-story structure. Ms. Marsh read the Statement of Use, noting that the workshop would be used for the construction of cabinets, windows and temporary storage of roofing and siding materials. She asked whether he would be willing to add that there would be no painting on site. Mr. Mountzoures stated that he does not plan to paint on site. Mr. Kiritsis questioned whether there would be storage of paint, chemicals or cleaners. Mr. Mountzoures replied that there would not be. He indicated that he is looking to construct a building to store his trucks and materials such as windows, roofing and siding.
Mr. Coonrod stated that the revised plans have been forwarded to Mr. Metcalf and they have not received comments back from him. Ms. Marsh noted that there would be two offices in the building and questioned whether they would be for rent. Mr. Mountzoures replied that they would be and he is interested in renting to some one such as a lawyer, where there will not be a lot of additional cars.
Mr. Coonrod made an addition to the Statement of Use, which reads: “No storage or usage of paint, chemicals, etc. at the site.” He noted that Mr. Mountzoures has signed this statement.
Mr. Coonrod stated that the sign out front would not have a light. He noted that they would be adding some indirect lighting on the building, probably around the doorways and one or two in the parking lot. Mr. Coonrod stated that he would bring a detail of that to the next meeting.
No one present spoke in favor of or against the application. Hearing no further comments, Chairman Kiritsis noted that the Public Hearing for this application will be continued to the August Regular Meeting.
2. Site Plan/Special Exception Application to enlarge automotive repair facility, 147 Boston Post Road, All Pro Automotive, applicant.
Ms. Marsh read the legal ad as published in the Main Street News Thursday, July 1 and Thursday, July 8, 2004 and the exhibit list for the record. Ms. Brown entered and read Exhibit N, a memo dated July 12, 2004 to the Old Lyme Zoning Commission from herself which indicates that Tom Metcalf relayed to her that the concerns of his June 10, 2004 letter have been satisfactorily addressed in the revised plans dated 6-22-04 and as described in the letter from Lee Rowley dated July 2, 2004.
Ms. Brown noted that the Commission may once again want to keep this public hearing open as the Inland Wetlands Commission has not yet acted upon this application.
Mr. Anthony Hendriks, registered professional land surveyor was present to represent All Pro Automotive. He noted that Attorney McGarry and James Graybill were present also. Mr. Hendriks stated that the site has been known for years as Doug’s Garage. He explained that they conducted an existing conditions survey or the site and displayed this survey for the Commission to review. Mr. Hendriks highlighted in yellow the area the business is currently utilizing and noted that the current existing coverage is 46,015 square feet. He noted that existing impervious coverage totals 6,700 square feet. Mr. Hendriks stated that Sheet 2 of 7 of the plans shows the proposed site. He explained that the site is located on the cusp of the C-30 Zone and an R-20 Zone (Apple Tree Drive).
Mr. Hendriks stated that the site is 69,666 square feet in size.
Mr. Hendriks stated that the site changes are as follows: The existing two-bay service station toward the left-hand side of the building will be retained; the existing garage itself will be rebuilt, and a proposed five bay garage will be added to the rear of the proposed building. He noted that all access to the bays would be from the direction on the opposite side of the residential area. Mr. Hendriks stated that the proposed parking would be in the rear and not toward the Boston Post Road. He explained that the parking area was calculated as follows: The proposed floor area is 10,000 square feet, the existing building to remain is 1,160 for total floor area of 11,169 square feet. Mr. Hendriks stated that parking was calculated using the most stringent parking requirement, which is one
space for every 200 square feet. He noted that the parking regulations do not address car repair facilities. Mr. Hendriks stated that there needs to be parking for customers, employees, cars that have been left for repair, cars waiting for parts, and vehicles that are part of his operations. Mr. Kiritsis questioned whether there would be cars for sale. Mr. Hendriks replied that there would be, as there have always been cars for sale on this property. He explained that 8 parking spaces have been set aside to continue the sale of cars, which was approved as part of the ZBA variance. Mr. Hendriks stated that there are 47 spaces outside and 11 inside, for a total of 58 spaces, 2 more than what is required under the Regulations.
Mr. Hendriks stated that the entire site is mostly gravel and will tend to absorb any leak such as coolant or gas. He noted that the State of Connecticut now requires that the property owner must control the first inch of rain during the first 24 hours, or the first flush. Mr. Hendriks stated that the parking area would be a bituminous service, which will give them the opportunity to control anything spilled onto the ground. He noted that the first line of defense are hooded catch basins. He stated that the water from the roof is funneled down and picked up by a storm ceptor which takes 75 to 85 percent of the grits, oils, greases and fines that might come through. Mr. Hendriks explained the storm tech system and entered the storm tech manual into the record.
Mr. Hendriks stated that once the storm tech system settles out, it would perculate down through the soil and it would settle out through the silting pond with a level spreader that will allow the water to fill the pond and slowly meter out toward the wetland. He noted that there is a wetland on both the Brown and Lasacano properties. Mr. Hendriks stated that this plans allows for a good transition between a repair facility and an environmentally sensitive wetland area.
Mr. Hendriks stated that the current leaching system is minimal and substandard. He explained that the proposal includes a new septic system. Mr. Hendriks stated that the soils are good on this property. He noted that there would be both employee and customer bathrooms.
Mr. Hendriks stated that Sheet 4 of 7 addresses landscape requirements of the Regulations. He noted that there is presently a small island in front of the site. He noted that the applicant is proposing to pull the parking back 20 feet back from Apple Tree Drive, which was the subject of the appeal to the Zoning Board of Appeals and was approved. Mr. Hendriks explained the proposed landscaping to the Commission. He noted that the plantings in front are low to keep the site line good in both directions. Mr. Hendriks stated that as part of the approval, the Zoning Board of Appeals has requested that the existing fence along Apple Tree Drive be removed and replaced with a new fence on the Graybill property.
Mr. Hendriks stated that the proposed lighting on the site is shown. He noted that there is lighting under the proposed service station canopy, which will be in the ceiling and pointing straight down. He noted that they are proposing two “NK” (250 watt bulbs) lights to illuminate the front of the site. Mr. Hendriks stated that there are four other light locations, which will have 100-watt bulbs. He explained that there would also be a motion sensor in the back of the building that will be pointed straight down. Mr. Hendriks stated that there would be a motion sensor on the relocated four-bay garage.
Mr. Hendriks stated that just today he became aware of a letter from the Conservation Commission in which they give recommendations for the lighting. He noted that they recommend that outside lights have shields and Mr. Hendriks noted that all proposed exterior lighting have shields. Mr. Hendriks stated that the Conservation Commission has also recommended that all lights be limited to 100 watts. He explained that they are proposing 100-watt lights to the rear with house side shields on both sides, but indicated that they are proposing brighter lights out front. Mr. Hendriks stated that the repair hours are 8:00 a.m. to 5:00 p.m., but the gasoline sale will continue until 9:00 p.m. He indicated for this reason, they would like more light out front. Mr. Hendriks stated that the
Conservation Commission is also recommending that the rear light be put on a timer instead of a motion sensor. He indicated that the applicant would be agreeable to either.
Mr. Hendriks directed the Commission to Sheet 5 of 7, which shows light section and elevation. He explained that the lights are recessed into a box. He noted that this sheet also shows the sign detail.
Ms. Marsh read the letter of approval from Ron Rose, Sanitarian.
Mr. Hendriks stated that Sheet 6 of 7 has soil and erosion control details, along with details of the storm ceptor, galleries, hooded catch basins, handicap access and the plunge pool toward the rear of the property. He noted that it also contains a best management practices scenario as part of the plan. Mr. Hendriks read this for the record. Mr. Ames questioned who would perform the inspections. Mr. Hendriks stated that it would be a company such as Shoreline Sanitation.
Mr. Hendriks stated that the detail for the storm tech system fully details the single isolator row, along with the other rows being installed. He noted that it provides the critical elevations that Mr. Metcalf requested.
Mr. Hendriks read the Statement of Use for the record. He noted that there are proposed 4,000, 6,000 and 10,000-gallon gasoline tanks to replace the old tanks. He noted that there are a few small waste oil and kerosene tanks located underground, all of which are double lined.
Mr. Risom questioned whether the diesel fuel tank would remain above ground. Mr. Hendriks replied that diesel fuel will be available at the center island and the existing tank will be removed.
The following people spoke in favor of the application:
Mr. Losacano, adjoining property owner, stated that his concern has always been water draining from the property. He noted that he feels this is a good opportunity to clean up the site and he welcomes the opportunity.
Mr. Holland, 143 Boston Post Road, stated that he previously had some concerns, all of which Mr. Graybill has addressed. He noted that the proposal is very beneficial to all the neighbors.
Mr. Myron Pavalgine, 141 Boston Post Road, stated that he is concerned because once the management leaves there are young kids that hang out at the service station. He noted that he is pleased with the upcoming improvements.
The following person spoke in opposition:
Diane Brown stated that she has been active at all meetings concerning this property. She noted that she is an abutting property owner on Apple Tree Drive. Diane Brown stated that she wants to make sure that the improvements do not impact the quality of life of the residents. She stated that she appreciates all the conditions put on the approval by the Zoning Board of Appeals.
Diane Brown stated that she is concerned about traffic at the bus stop on the corner of Apple Tree and the Boston Post Road. She noted that she is still not comfortable with her main concern which is the quantity of water that will be passing through the proposed system. Diane Brown stated that she is not questioning the integrity of the proposed system, but noted that the water is draining into a residential wetland area. She explained that the Graybill property slopes down to her property and at the bottom of the slope there is a fire access pond. Diane Brown stated that her property slopes up from the pond so that her home does not flood. She noted that the wetland in the back drains down to the pond. Diane Brown stated that she is very concerned about the volume of water draining
from the Graybill property. She stated that she hired Mr. Irving from Ecos, an environmental consulting company. Diane Brown submitted a copy of a report prepared by Mr. Irving, which was marked Exhibit P. She also submitted four photographs, which were marked Exhibit Q. Diane Brown stated that she questions whether the area can sustain this additional water. She noted that Mr. Irving has made some additional recommendations regarding the drainage.
Mr. Hendriks stated that he is in the process of putting a formal response together for the Wetlands Commission, addressing Mr. Irving’s concerns. He noted that he does not agree with the suggestion that a portion of the garage property not be paved. Mr. Hendriks stated that the environment is best served by paving the property and using the storm tech and storm septor systems to address any concerns. He noted that the system will hold up to 37,000 gallons of water for a twenty four hour period of time and then slowly meter it out over a period of time. Mr. Hendriks stated that the State of Connecticut and Office of Long Island Sound are looking for this type of system on almost every project. He noted that the community would be seeing these systems more and more.
Mr. Risom noted that it is better to collect the water with the sand, fuel and road salt. Ms. Marsh noted that Diane Brown expressed concern about the quantity of the water, not the quality. Mr. Hendriks stated that if Mr. Metcalf reviewed the drainage report he would note that the net flow at the property line is being reduced.
Attorney McGarry stated that Mr. Rowley indicated to him that the system proposed is the system that the DEP and Office of Long Island Sound demanded be implemented in the expansion of Water’s Edge.
Mr. Hendriks stated that there is activity within the highway right-of-way line and a copy of the plans have been submitted to the State for their review. He submitted a letter, which was marked Exhibit R.
Diane Brown stated that it would be interesting to see if there is a more comparable site than Halls Road or Water’s Edge that has this type of drainage system. She indicated that she would be very interested in a response to that question. Ms. Brown stated that the Wetlands Commission was curious about the storm septor system and they asked if they could have a site visit to inspect the Halls Road system. She noted that the property owner has agreed that the Wetlands Commission could visit and a date has not yet been set to visit the site. She indicated that she would be happy to let Diane Brown know when they do visit the site.
Mr. Hendriks stated that Sheet 6 of 7 shows the storm ceptor system that will take the grease, oil and suspended solids out of the water system. He noted that it is the storm tech system that allows the 37,000 gallons of capacity and it is filtered with an isolator row. Mr. Hendriks stated that the Halls Road property does not have the storm tech system.
Ms. Marsh cautioned that all vending machines located outside could not be illuminated after the close of business. Mr. Graybill indicated that he wants to have an ice machine outside also.
Hearing no further comments, Chairman Kiritsis noted that the Public Hearing is continued to the August Regular Meeting.
The Public Hearing adjourned at 9:11 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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