Old Lyme CT - Zoning Commission Regular Minutes 03/08/04

Zoning Commission Regular Minutes 03/08/04

APPROVED

OLD LYME ZONING COMMISSION

MINUTES OF REGULAR MEETING

Monday, March 8, 2004

The Old Lyme Zoning Commission held its Regular Meeting on Monday, February 9, 2004 in the auditorium of Memorial Town Hall. Members present were Ted Kiritsis (Chairman), Jane Marsh (Secretary), Tom Risom (arrived at 7:45 p.m.), Howard Tooker (Alternate - Seated), John Johnson (Alternate – Seated) and Steve Ames (Alternate). Also present was Ann Brown, Zoning Enforcement Officer.

1. Convene Meeting; announcement of voting alternates.

Chairman Kiritsis called the meeting to order at 7:31 p.m.

2. Lyme Academy of Fine Arts – Discussion on enforcement of the terms of the Certificate of Decision.

Chairman Kiritsis stated that the agreement between the Lyme Academy and the adjacent property owners does not appear to have been honored. He indicated that the statements regarding the ability to change lighting illumination, wattage, shielding, installation of house shields, etc., and invalidation of manufacturer’s warranty are questionable. Mr. Kiritsis stated that they have determined that it is possible to change the wattage of the bulbs from 150 watts to 100 watts. He noted that the tree removal without notification to the Town and abutting property owners is not in keeping with working together. Chairman Kiritsis stated that these are his opinions and not those of the Commission. He indicated that the current lighting is not in compliance with the site plan approval granted. Chairman Kiritsis stated that Section 32.4.3 indicates that landscaping should be in harmony with the adjacent lots and the character of the neighborhood. He indicated that it currently is not.

Chairman Kiritsis suggested that all lighting, including wall-mounted lighting, is to be of the same lighting intensity of lighting in place on the northeast side of the Academy; the Academy and all property owners within 100 feet of the Academy to arrive at a mutually agreed to position and provide to the Zoning Commission a signed, certified declaration. Chairman Kiritsis asked the Commission their thoughts.

Mr. Johnson stated that it appears that the lighting can be changed to sodium and one has been changed at the far end of the parking lot. Mr. Johnson stated that it would also help when the wattage is lowered. He indicated that the lighting on the north is sodium.

Mr. Rosatto questioned whether State requirements for public safety would be met if the wattage is lowered. Chairman Kiritsis stated that he is asking for the same lighting which currently exists on the northeast side and is assuming that that lighting meets State requirements for safety. Ms. Marsh stated that it is her opinion that the yellow light is much better than the metal halon. She indicated that there appears to be more lights than are required. Ms. Marsh stated that the lights along the property line could be turned off and the lights in the middle of the parking lot would be sufficient with the yellow lights of lower wattage. She indicated that the halon lights in the two fixtures near the street, although bright, could remain. Ms. Marsh pointed out that the other schools in Town do not have lights in their parking lots.

Mr. Tooker stated that all the bulbs should be changed to a yellow light of lower wattage. He suggested that the wattage be set at the minimum safety standard.

Chairman Kiritsis stated that the other area concern is the tree-cutting along the boundary line without notifying the Town. Ms. Marsh stated that she is not sure the Commission has any leverage as far as the agreement between the Academy and the neighbors. She noted that the people who entered into the agreement have the right to have the agreement enforced. Chairman Kiritsis stated that the Commission had stipulated that “the impact of the parking area on the surrounding neighborhood must be minimized,” and “per Section 32.4.3, landscaping should be in harmony with the adjacent lot and the character of the neighborhood.” He agreed that this is a subjective statement.

(Mr. Risom arrived at this time, 7:45 p.m.).

Ms. Marsh stated that she does not see a problem with the existing landscaping and noted that the problem appears to be the excessive lighting. Mr. Risom agreed that the issue is the excessive lighting.

Scott Rosatto, contractor with Lyme Academy, stated that the lighting installed is as per the plan submitted and approved. He indicated that the school did not make any changes to the plans submitted. Chairman Kiritsis pointed out that one of the stipulations of the approval is light shields and none have been installed. Mr. Rosatto stated that in order to change the bulbs from halon to sodium, the fixtures were completed gutted and changed. He noted that this was a very expensive process.

At 8:00 p.m. Chairman Kiritsis recessed the Regular Meeting to conduct the Public Hearing. Chairman Kiritsis reconvened the Regular Meeting at 8:40 p.m.

Fred Osborne, President of the Academy, reiterated that the Academy values its position in the Town of Old Lyme and in the development and construction of this project was done to augment the Town and nearby residences. He indicated that the result of the project, with the exception of the lights, has been well received. Mr. Osborne stated that although it would seem the resolution of this matter has been slow, they have tried to be responsive each time. He noted that they have voided their warranties on the lights by changing the bulbs to sodium. Mr. Osborne stated that they are happy to experiment with turning out some of the lights. He noted that it is a complicated process and if the Commission is in agreement with using sodium bulbs at lower wattages, the Academy is prepared to proceed with that solution.

Mr. Osborne stated that the tree situation was an agreement between neighbors. He noted that the trees were removed under an order from the DEP because the drainage swale had to be installed in that area. Mr. Osborne noted that the error made in this situation was that the Academy did not inform the neighbors at the time. He explained that the trees had to be removed.

Chairman Kiritsis questioned the wattage of the bulbs on the northeastern end of the property. Mr. Osborne stated that they are 250-watt sodium bulbs. Ms. Brown noted that they are also different fixtures. Ms. Marsh noted that the lights in the center of the parking lot do not have shields and are sending light in all directions. She stated that the lights in the center could be changed to 100-watt sodium bulbs and the lights on the perimeter could be turned off. Mr. Risom suggested that shields also be installed on the center light fixtures. Mr. Johnson stated that the lights on the building should be reduced at least 50 percent.

A motion by John Johnson, seconded by Tom Risom and voted unanimously to confirm the following:

1. In order to comply with the conditions of approval of Phase IV the Lyme Academy of fine Arts shall make the following changes to the installed lighting scheme:

The lights in all pole lights along the southern boundary line shall not be used;

The bulbs in all of the other pole fixtures (including the two at the driveway entrance) shall be changed to 100 watt sodium bulbs;

Suitable shields shall be installed on the fixtures to preclude light spills onto neighboring properties;

Building mounted lights on the south and west sides of the new building shall be reduced in brightness by at least 50%;

2. That the commission agrees to consider safety aspects of the diminished lighting should this be identified as a problem in the future;

3. That the commission agrees that the landscaping, as currently installed, complies with the project approval.

4. The Zoning Commission reserves the right to require further changes if the changes do not resolve the lighting problem satisfactorily.

3. Site Plan/Special Exception Application to construct a dock consisting of 5’ x 100’ fixed pier and a 5’ x 5’ Platform, 5 Beaulieu Drive, Wesley Potios, applicant. Receive and set Public Hearing.

Gary Sharpe explained that the property is located just to the north of Herb Chamber’s property. He indicated that the applicant has DEP and Army Corps approval at this time and is looking for approval from the Commission for those activities that take place within 50 feet of the high tide line. Mr. Sharpe explained that the five-foot platform will be constructed at the base of the stairs and the dock protrudes directly into the water from there.

The Commission received this application and set the Public Hearing for the April 13, 2004 Regular Meeting.

4. Site Plan/Special Exception Application to reconstruct the existing transfer station per DEP Consent Order of 2002, 109 Four Mile River Road, Town of Old Lyme, applicant. Receive and set Public Hearing.

James Otis, Professional Engineer with Anchor Engineering Services, was present to represent the applicant. He explained that he was before the Commission in the fall with a preliminary plan. Mr. Otis stated that the plan requires local and CT DEP permit applications, as well as landfill closure. He noted that the landfill closure operation is not one he feels the Zoning Application will focus on because the landfill has been in existence since the 1950’s and predates the Zoning Regulations. Mr. Otis explained that the transfer station would exist even after the landfill closes and it is his understanding that the construction or modification of a transfer station is a permitted use in an RU-80 zone, subject to Site Plan and Special Exception approval. He stated that the proposed modification includes adding a few spots for containers so that the transfer station can continue to accept the materials that currently go to the landfill. He noted that the containers will then be emptied and the contents transported off site. Mr. Otis stated that the proposal also includes widening the existing driveway so that access is more efficient and safer. He explained that a vehicle truck scale is proposed so that the material coming and going can be recorded more accurately and be reported to the DEP. Mr. Otis stated that recyclable locations are being relocated also. He noted that the final modification involves the citing of a proposed DPW storage building on the west side of the transfer station. Mr. Otis stated that this building will be approximately 36’ x 72’ and is shown in gray on the plan. He noted that the height of this garage is 25’ to the peak and 18’ to the eave. Mr. Otis explained that each day the a DPW employee has to drive the pay loader from Machnik Drive to this site and back again. He noted that they would like to store the pay loader and recylcable truck in this building. Mr. Otis stated that they will also store antifreeze and waste oil brought to the site.

Mr. Otis stated that the proposed driveway entrance ramp will be raised approximately one foot. He noted that the existing sight line is adequate and meets State requirements. Mr. Otis stated that the accident data was looked at and there has not been an accident in this area during the time period review of 2000 to 2003. Mr. Tooker questioned whether screening is provided to the north. Mr. Otis stated that the setback from the building to the property line is 348 feet and it is 150 to 170 feet from the right of way line of Four Mile River Road. He explained that he visited the site and noted that although the majority of the trees are deciduous, the building will not be visible. Mr. Otis stated that there is a row of evergreens screening the property to the north.

Mr. Risom stated that the Town has a deep ground water test well requirement and he indicated that he would like to see a few on this property as part of the landfill closure. He indicated that they installed a few test wells as part of the new soccer fields. Mr. Otis stated that the DEP has a monitoring requirement in which the Four Mile River is monitored upstream and downstream of the landfill. He indicated that there would be no harm in the Town installing ground water monitoring wells. Mr. Otis stated that he would discuss groundwater monitoring wells with Mr. Curtis of Nathan-Jacobsen Associates.

The Commission received this application and set the Public Hearing for the April 13, 2004 Regular Meeting at 8:00 p.m.

A motion was made by Jane Marsh, seconded by Tom Risom and voted unanimously to add the Site Plan/Special Exception Application/Coastal Site Plan Application to construct a dock, 23 Talcott Farms Road, Talcott Farms Association, Inc., applicant, receive and set Public Hearing, to the agenda.

5. Site Plan/Special Exception Application/Coastal Site Plan Application to construct a dock, 23 Talcott Farms Road, Talcott Farms Association, Inc., applicant. Receive and set Public Hearing.

Keith Neilson, Docko, was present to represent the applicant. He noted that the application is for a wood pier at Talcott Farms. He explained that the DEP and Army Corps have already approved the pier and issued a permit. Mr. Neilson noted they are requesting Zoning approval for the area that is a landing on the bank of the river. He explained that he believes the application conforms to all the Zoning Regulations. Mr. Neilson stated that they have submitted a set of plans to the Inland Wetlands Commission, although Mr. Snarsky has determined there are no inland wetlands on the site. He stated that the dock is a community dock with no utilities. Mr. Neilson noted that there would be no impact on the bank and no destruction to existing shrubbery and mountain laurel.

Mr. Neilson explained that a parking easement has been arranged on the westerly end of Lot 27-4 and the entrance to lot 27-5, which is shown on the A2 boundary survey.

The Commission received the application and set the Public Hearing for the April 2004 Regular Meeting.

6. Site Plan/Special Exception/Coastal Site Plan Application to construct a pavilion, 52 Ridgewood Road, Point O Woods Association, Inc., applicant.

Ms. Marsh moved to grant the waivers requested for the full A2 survey, soil conservation plan and the topography; seconded by Mr. Risom and voted unanimously.

Ms. Brown explained that the attachment of the pavilion to the ground would have to be flood compliant and it is a requirement that they be designed by an architect or engineer and the design is approved by the Building Official.

A motion was made by Tom Risom, seconded by John Johnson and voted unanimously to approve the Site Plan/Special Exception/Coastal Site Plan Application to construct a pavilion, 52 Ridgewood Road, Point O Woods Association, Inc., applicant, as follows:

Whereas, the Zoning Commission has received applications for Site Plan, Coastal Site Plan, and Special Exception approvals, one sheet titled, “Site Development Plan Prepared for Point O’ Woods Association, Inc., Old Lyme, Connecticut”, as prepared by Angus McDonald Gary Sharpe & Associates, Inc., and dated October 22, 2003, with revisions through 2/20/04;

Whereas, the Zoning Commission has held a duly noticed public hearing on March 8, 2004, and the commission has heard testimony from both citizens of Old Lyme and the applicant; and

Whereas, the proposed use is permitted by Special Exception under the Old Lyme Zoning Regulations, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 31.2 of the Regulations with the following conditions:

Requested waivers of section 31.2.2.e.(i), class A-2 survey requirement, section 31.2.2.e(v), existing and proposed grading contours requirement, and section 31.2.2.e.(vii), USDA SCS soil types requirement are granted;

All building construction must meet the FEMA requirements for construction in a flood zone;

The building, as shown on the plan, shall have no utilities.

Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 31.3, 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 Department of Environmental Management, after submitting the application materials to them for review, the Commission determines that the application and plans as they will be revised are consistent with the goals and policies of the Coastal Management Act;

Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to Point O’Woods, Association, Inc. for the Site Plan, Coastal Site Plan, and Special Exception applications to construct a pavilion on property at 52 Ridgewood Road, Old Lyme, CT, with the modifications specified.

7. Site Plan/Special Exception/Coastal Site Plan Application to construct a garage, 61 Shore Road, Kirsten Parker, Applicant.

Ms. Brown stated that the final plans should be of the proper size to be recorded by the Town Clerk, which is statutorily determined. She indicated that the name of the property owner should also be added to the plan and also a location map should be added to the plan. Ms. Brown pointed out that a Zoning Compliance Table should also be included on the plan. She stated that she has asked for a copy of the existing A2 survey and after review she noted that it does not provide the site plan details that the Regulations require. Ms. Brown stated that it would be appropriate to waive the recording of that survey plan because it is already required and to also waive any details that may be required on the plan that were not part of it. Ms. Brown stated that electric power lines were not shown on the plans. She pointed out that, additionally, signature blocks are needed. She stated that although she believes the building was designed to meet FEMA requirements, a note stating such should be added to the plans.

Mr. Johnson questioned whether the Commission would like to put conditions on an approval as far as landscaping and the type of siding to be used. Ms. Marsh stated that she would like to see some additional landscaping in the island area.

A motion was made by Jane Marsh, seconded by Tom Risom and voted unanimously to approve the Site Plan/Special Exception/Coastal Site Plan Application to construct a garage, 61 Shore Road, Kirsten Parker, applicant, with the nine items listed on the March 8, 2004 memo from Ann Brown, with a condition to improve the landscaping screening from and to Route 156 and to make an effort to improve the quality of siding above that of plywood, and that as shown on the drawings, the maximum grade change is 4 feet above the soil to the top of the soil inside the retaining wall (maximum exposure of the wall to be four feet), and as follows:

Whereas, the Zoning Commission has received applications for Site Plan, Coastal Site Plan, and Special Exception approvals, sheets A1 through A14, titled, “Proposed Renovations/ Additions to Residence & New Detached Garage, Parker Residence, 61 Shore Road (Rte 156), Old Lyme, Connecticut”, as prepared by J.W. Flower, Architect, and dated December 4, 2003, with revisions through February 5, 2004;

Whereas, the Zoning Commission has held a duly noticed public hearing on March 8, 2004, and the commission has heard testimony from both citizens of Old Lyme and the applicant; and

Whereas, the proposed use (building within 50’ of tidal wetlands) is permitted by Special Exception under the Old Lyme Zoning Regulations, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 31.2 of the Regulations with the following modifications required to be added to the final plan:

1. Waiver of section 31.2.2.e.(i), class A-2 survey requirement, is granted;

2. Information must be added to the plan: name and address of property owner (section 31.2.2.d.(ii)), location map (section 31.2.2.d.(v)), schedule specifying zoning compliance requirements and compliance (section 31.2.2.d.(vi)), utility lines (section 31.2.2.j. (i)), signature blocks (section 31.2.2.l.&m.));

3. All building construction must meet the FEMA requirements for construction in a flood zone;

4. The owner shall make efforts to improve the landscaping and screening at the front of the property, and to improve the style of the siding of the garage;

5. As shown on sheets A10 and A11, the maximum grade change permitted shall be 4’ from the outside wall to the inside wall and the building foundation.

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 to Kirsten Parker for the Site Plan, Coastal Site Plan, and Special Exception applications to construct a garage on property at 61 Shore Road, Old Lyme, CT, with the modifications specified.

A motion was made by Tom Risom, seconded by John Johnson and voted unanimously to move Item 11, Any New or Old Business, up on the agenda.

8. Any New or Old Business to come before Commission.

Anthony Hendriks stated that Christ the King Church has funding and is moving forward on the construction of the church. He noted that he has submitted plans to the Zoning Office revising the approved plans to be in accordance with the Certificate of Decision. Mr. Hendriks stated that the plans have been forwarded to the Town Engineer for review. He noted that the Building Committee asked him to address one item on the Certificate of Decision with the Zoning Commission. Mr. Hendriks stated that six months ago he discussed with the Commission the possibility of replacing the fencing that sits along the western boundary of the property near the Luddington property. He stated that it was the general consensus of the Commission that replacing the fence with a tree hedge would keep the car lights from shining onto the neighboring property. Mr. Hendriks stated that he would like to bring a formal addendum to the Commission.

Mr. Hendriks stated that the Certificate of Decision states that the landscaping for screening properties must be installed prior to any work being performed on the site and any required fences should be installed prior to issuance of Certificate of Zoning Compliance. He noted that there is a good chance that the plantings could be damaged during the construction. Mr. Hendriks stated that on the Luddington side there is a small retaining wall, which must be built prior to the fence being installed. He noted that the landscaping in some areas is very close to the gravel area. Mr. Johnson noted that this was an important condition put in the approval to protect the neighbors. Ms. Marsh agreed, noting that the Commission could not even consider this without the abutting neighbors present to represent themselves.

Chairman Kiritsis stated that he believes that Christ the King owes the Commission a letter of agreement between themselves, the Historical Society and the Hornby’s regarding the 100-foot section of fencing. Mr. Hendriks stated that the Hornby’s now want the fence as approved.

Mr. Hendriks stated that he is concerned about the lights for Christ the King because of the problems that Lyme Academy is having. He noted that the Historical Society has asked the Church to install a specific light in the area of their jurisdiction. Mr. Risom stated that he supports the Church installing the lighting that was approved as part of the Zoning approval.

Mr. Hendriks explained that they would like to exchange the fence on top of the retaining wall for a small guide rail and some plantings. Ms. Brown questioned whether the Luddington’s and Jette’s have agreed to that change. Mr. Hendriks stated that the Luddington’s have agreed to a berm and a planted area along the entire boundary line and he is not sure if Mr. Jette has commented at all. He stated that if and when an agreement is reached, he will formally bring the change before the Commission.

9. Approval of Minutes.

A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to approve the minutes of the February 9, 2004 Regular Meeting.

A motion was made by John Johnson, seconded by Jane Marsh and voted unanimously to approve the minutes of the February 23, 2004 Special Meeting.

10. Zoning Enforcement.

Mr. Risom questioned whether Dr. Elgart’s property is in compliance. Ms. Brown noted that the structure has not been entirely removed and the $1,300.00 settlement has not been received. She stated that she has received the $6,700.00 from Bienas, 10/12 Seaside, and the building will be removed.

Chairman Kiritsis questioned the status of 286 Shore Road. Ms. Brown stated that the requested variances were not approved and she will send an order that the walls be taken down and it be reconstructed in accordance with the plan.

Ms. Brown stated that she has had contact with Lynn Sherlock regarding the café license. She indicated that she sent a Cease and Desist Order and an appeal has been submitted. Ms. Brown explained that Ms. Sherlock is intending to submit an application to the Zoning Commission for a restaurant license that would allow them to serve hard liquor, along with beer and wine. Chairman Kiritsis stated that Ms. Haviland had a tavern license that authorized the sale of beer and wine only. He noted that in June of last year Ms. Sherlock received a tavern license and thirty days later she came in for a café license. Chairman Kiritsis noted that café licenses are not permitted by the Zoning Regulations. Ms. Brown stated that

11. Regulation Rewrite – Set Special Meeting.

A Regulation Rewrite Meeting has been set for Monday, March 22, 2004 at 7:30 p.m.

12. Correspondence.

None

13. Miscellaneous/Adjourn.

A motion was made by John Johnson, seconded by Eric Fries and voted unanimously to adjourn at 10:45 p.m.

Respectfully submitted,

Susan J. Bartlett

Recording Secretary