APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, May 10, 2004
The Old Lyme Zoning Commission held its Regular Meeting on Monday, May 10, 2004 in the auditorium of Memorial Town Hall. Members present were Ted Kiritsis (Chairman), Joan Bozek (Vice Chairman), Jane Marsh (Secretary), Tom Risom, Eric Fries, Howard Tooker (Alternate), John Johnson (Alternate) 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 7:30 p.m. He immediately recessed the Regular Meeting to conduct the Public Hearing. The Regular Meeting reconvened at 10:40 p.m.
2. Site Plan/Special Exception Modification Application for landscape/fence changes on the west side of property, 1 McCurdy Road, The Church of Christ the King, applicant.
Janet Sturgis was present to explain the modification. She noted that the area being discussed this evening is the western boundary with the Luddington property. Ms. Sturgis stated that the original approval contained a solid wooden fence along this property line and the modification they are requesting is to substitute plantings. She explained and demonstrated on the site plan where there would be a raised dirt area 18 inches high. Ms. Sturgis stated that the trees would extend to a minimum of four feet above the parking lot. Mr. Hendriks stated that the species are juniper robusto and juniper furgiana. Ms. Sturgis explained that the height of the junipers would be six to ten feet in height at the time of planting.
Mr. Hendriks stated that the fence was required as part of the approval process and Mr. Luddington does not want a wooden fence along his boundary, which is what precipitated the modification application. He noted that the parking lot was raised on average 1.5 feet. Mr. Hendriks stated that the church is also willing to reduce the height of the light posts from 12 feet down to 10 feet. He explained that the proposal from the lighting consultants indicates a 100-watt metal halide bulb with a recessed bulb so that it is screened from all sides. Mr. Hendriks noted that this fixture is on the approved plans.
Mr. Hendriks submitted a letter dated January 14, 2003 from the lighting consultant, which was read by Ms. Marsh for the record. Mr. Fries reminded the Commission that the neighbors of Lyme Academy found the color of the metal halide bulb to be objectionable. Ms. Marsh agreed, noting that the bulb is more blue than a subtle yellow.
Mr. Johnson stated that Mr. Jette is concerned about a possible splash of lights as cars enter the parking lot. He noted that many cars have metal halide bulbs and Mr. Jette felt the fence would take care of shielding. Mr. Johnson stated that Mr. Jette is requesting that the church consider changing to regular sodium bulbs as opposed to metal halide.
Mr. Hendriks stated that most of the church activities take place during the day. He noted that the lights along the retaining wall will be on a separate switch and will only be used when the entire lot is being used. Mr. Hendriks stated that he would investigate using sodium bulbs. Ms. Marsh stated that the five light posts’ height reduction should also be shown on the plans.
A motion was made by Eric Fries, seconded by Joan Bozek and voted unanimously to approve the Site Plan/Special Exception Modification Application for landscape/fence changes on the west side of the property, 1 McCurdy Road, The Church of Christ the King, applicant, with the following conditions:
1. Sheet L-3 – A modified plan shall be submitted removing the fence from the detail of the “Modular Conc. Wall, Typical Section, Section C-C;”
2. The five light posts along the west boundary of the parking lot shall be reduced in height to 10’ and a note stating this shall be added to Sheet L-3.
3. Sodium bulbs shall be substituted for the metal halide bulbs, if possible.
3. Site Plan/Special Exception Application to construct an outdoor dining patio, 85 Lyme Street, Old Lyme Acquisitions LLC, applicant. Receive and set Public Hearing.
Attorney Childress explained that the application is for a 30’ x 30’ pad for outdoor seating. He indicated that the Old Lyme Inn is a transient hotel under the Zoning Definitions, which is allowed in the zone by Special Exception. He noted that there is no Special Exception Permit for this facility, as it exists by virtue of a pre-existing nonconforming use. He noted that a variance was granted by the Zoning Board of Appeals for an addition in the rear. Attorney Childress stated that there is an application before the Zoning Board of Appeals for a change in location of a nonconforming use.
Ms. Marsh stated that there is a category of Special Exceptions where there are pre-existing nonconforming structures and such. She noted that the Commission then reviews the new items. Attorney Childress stated that the lot is not conforming as the land requirements are ten acres for this type of facility. Mr. Fries questioned whether alcohol would be served on the patio. Attorney Childress replied that it would be and should be allowed by their hotel liquor permit. Ms. Marsh stated that the Commission needs to consider the liquor aspect separately under the Regulations. Mr. Fries stated that the Commission should be very careful in this regard.
Attorney Childress explained that they would not use a specific room inside when the outside patio is being used so there will be no increase in the number of patrons being served.
This application was received and the Public Hearing was set for the June 14, 2004 Regular Meeting.
4. Site Plan/Special Exception Application to construct a dock, 17 Ferry Road, Nicholas and Lizabeth Haskos, applicants. Receive and set Public Hearing.
This application was received and the Public Hearing was set for the June 14, 2004 Regular Meeting.
5. Site Plan Application to construct offices/workshop, 57 Four Mile River Road, Peter Mountzoures, applicant. Receive and set Public Hearing.
This application was received and the Public Hearing was set for the July Regular Meeting as requested by the applicant.
6. Site Plan/Special Exception Application to reconstruct the transfer station per DEP Consent Order of 2002, 109 Four Mile River Road, Town of Old Lyme, applicant.
The Public Hearing for this item has been continued to the June 14, 2004 Regular Meeting.
7. Special Exception Modification Application, Restaurant Liquor Permit Application, 90 Halls Road, Old Lyme Marketplace, Sherlock 221, Lynne Sherlock, applicant.
Ms. Bozek stated that she does not feel the Commission can make the current owner and applicant comply with what the Commission thinks there intent originally was, which was not properly recorded. She noted that the Regulations as written permit Sherlock 221 to have restaurant liquor permit and the applicant has represented that liquor is not served without food. Ms. Bozek stated that the application should be approved.
Ms. Marsh and Mr. Johnson agreed that they would like to see the liquor moved to beneath the bar, as the applicant suggested. Mr. Fries stated that he is troubled by the fact that the advertising indicates the establishment is a bar. He noted that the sign says “bar and grille.” Mr. Fries stated that this sets an expectation that does not exist. He indicated that he would like to see “bar” removed from the advertising.
Mr. Kiritsis stated that he believes the Commission must be more prudent in how they handle approvals in the future. He indicated that there was a two-fold error in this case, one being that the decision was not properly documented and the other being the issuance of a liquor permit without the Zoning Commission’s approval. Mr. Johnson pointed out that the Commission was saved by the quality operation that this proprietor runs.
A motion was made by Jane Marsh, seconded by Joan Bozek and voted unanimously to approve the Special Exception Modification Application, Restaurant Liquor Permit Application, 90 Halls Road, Old Lyme Marketplace, Sherlock 221, Lynne Sherlock, applicant, as follows:
Whereas, the Zoning Commission has held a duly noticed public hearing on May 10, 2004, and the commission has heard testimony from 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 and Section 32 and Section 45 of the Regulations with the following conditions:
1. Waiver requested of Section 32.3.2, Site Development Plan.
2. Liquor shall be stored out of sight.
3. The word “bar” shall not appear in the name or advertising of this restaurant.
4. The Café Permit shall be surrendered upon issuance of the Restaurant Liquor Permit.
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 WJ’s Restaurant, LLC, d.b.a. Sherlock 221 Restaurant, to the Special Exception Modification Application to permit the sale of liquor for on-site consumption in the existing restaurant as a “full service restaurant,” at 90 Halls Road, Old Lyme, CT, under a Restaurant Liquor Permit as defined by General Statutes Section 30-22.
A motion was made by Tom Risom, seconded by Joan Bozek and voted unanimously to move Item 14 up on the agenda.
8. Executive Session.
Chairman Kiritsis stated that the SVDD began as an ad-hoc committee. He indicated that that the committee came to the Zoning Commission for support, and the Zoning Commission is now holding Special Meetings which, in his opinion, gives implicit approval of the SVDD. He noted, too, that the Zoning Commission is expending funds and resources. Chairman Kiritsis stated that he questions whether the Zoning Commission should spend resources.
A motion was made by Tom Risom, seconded by Jane Marsh and voted unanimously to go into executive session at 11:35 p.m. to discuss pending litigation, inviting Ann Brown, Zoning Enforcement Officer to attend.
A motion was made by Tom Risom, seconded by Eric Fries and voted unanimously to adjourn the Executive Session at 11:50 p.m.
No decisions were made and no votes were taken during the Executive Session.
Mr. Fries stated that the ad-hoc SVDD committee has produced product that they have asked the Zoning Commission to do something with. Chairman Kiritsis stated that Ms. Brown is attending the meetings and Ms. Bartlett is typing the minutes. Ms. Marsh agreed that she thought they had asked the SVDD committee to do the work. Mr. Risom stated that he feels the SVDD committee is very close to submitting a Regulation amendment.
Mr. Johnson suggested putting a cap on the future time or dollars to be spent. The Commission agreed that Ms. Brown no longer has to attend the SVDD Meetings. The Commission agreed that there would be no more than four more Special Meetings devoted to the Sound View Design District. Mr. Fries asked the Commission members to attend the SVDD meetings.
9. Site Plan/Special Exception Modification Application to construct a pool, cabana, bathroom and shower facilities, and a snack bar, 40 McCurdy Road, Old Lyme Country Club, Inc., applicant.
The Public Hearing for this item has been continued to the June 14, 2004 Regular Meeting.
10. Site Plan/Coastal Site Plan Application to construct a 15,000 square foot lawn maintenance facility, 61-1 Buttonball Road, Ronald Swaney, applicant.
A motion was made by Jane Marsh, seconded by Joan Bozek and voted unanimously to approve the Site Plan/Coastal Site Plan Application to construct a 15,000 square foot lawn maintenance facility, 61-1 Buttonball Road, Ronald Swaney, applicant, as a resubmission of the previous application which was approved November 25, 2002, with all the same conditions and requirements as shown in the Notice of Decision; and with the further cautioning that any and all changes to this approved plan, including but not limited to changes in use, tenant, site layout, drainage, paving and landscaping, must be submitted to the Zoning Enforcement Officer and/or the Zoning Commission for evaluation and approval prior to initiating any change; and that the final plans must be submitted for endorsement and recorded by July 11,
2004.
11. Approval of Minutes.
A motion was made by Tom Risom, seconded by Joan Bozek and voted unanimously to approve the minutes of the April 12, 2004 Regular Meeting and Public Hearing.
A motion was made by Tom Risom, seconded by Joan Bozek and voted unanimously to approve the minutes of the April 14, 2004 Special Meeting.
A motion was made by Joan Bozek, seconded by Tom Risom and voted unanimously to approve the minutes of the April 28, 2004 Special Meeting.
12. Zoning Enforcement.
The Enforcement Report was distributed.
13. Regulation Rewrite – Set Special Meeting.
A Regulation Rewrite Meeting has been set for Monday, May 24, 2004 at 7:30 p.m.
14. Correspondence.
None
15. Any new or old business to come before Commission.
The next Special Meeting to discuss the Sound View Design District will be held on Thursday, June 3, 2004 at 7:30 p.m. at the Sound View Community Center.
16. Miscellaneous/Adjourn.
A motion was made by Tom Risom, seconded by Steve Ames and voted unanimously to adjourn at 12:05 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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