APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, June 14, 2004
The Old Lyme Zoning Commission held its Regular Meeting on Monday, June 14, 2004 in the auditorium of Memorial Town Hall. Members present were Ted Kiritsis (Chairman), Joan Bozek (Vice Chairman), Eric Fries, 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 7:30 p.m. He immediately recessed the Regular Meeting to conduct the Public Hearing. The Regular Meeting reconvened at 10:05 p.m.
2. Site Plan/Special Exception to enlarge automotive repair facility, 147 Boston Post Road, All Pro Automotive, applicant. Receive and set Public Hearing.
Tony Hendriks indicated that the applicant would like the Commission to receive the application and set it for Public Hearing at the next Regular Meeting. He noted that he is aware of Tom Metcalf’s review comments and will take care of these comments within the next few weeks. Mr. Hendriks stated that the site is Doug’s Garage on the Post Road. He noted that the proposal includes additional repair bays and additional parking.
Chairman Kiritsis stated that this item would be set for Public Hearing at the Regular Meeting on July 12, 2004.
3. Lyme Academy, review of external lighting on site.
Chairman Kiritsis read a letter from Frederick Osborne, President of Lyme Academy, requesting confirmation of compliance regarding the external lighting on site. Chairman Kiritsis asked if the Commission members had inspected the lighting. Ms. Bozek and Mr. Fries indicated that they had not. Chairman Kiritsis read the conditions of approval of Phase IV regarding the lighting. Mr. Fries and Ms. Bozek indicated that they would not be voting on this item and Mr. Ames was appointed a voting alternate for this item.
A motion was made by John Johnson, seconded by Howard Tooker and voted unanimously to approve the lighting for Lyme Academy as configured.
(Members voting for the above item were Ted Kiritsis, John Johnson, Howard Tooker and Steven Ames).
4. 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.
Mr. Fries read the draft motion for approval. Mr. Tooker noted that the applicant received Wetlands approval. Chairman Kiritsis indicated that Ms. Bozek had questioned at the last meeting whether the Town Sanitarian has approved the plan. He noted that the minutes of the last meeting indicate that Ms. Brown would get an answer from the Sanitarian regarding a water supply. Ms. Bozek stated that her recollection is that Mr. Otis testified that there would be bottled drinking water and a portable toilet facility on site. Ms. Brown noted that a plan was referred to Mr. Rose on February 27, 2004 and no response was received.
It was agreed to add a condition of approval that the ZEO would verify that the Town Sanitarian has reviewed and approved, or has no comments on the proposed plan.
A motion was made by Joan Bozek, seconded by Eric Fries and voted unanimously to approve the 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, with the following conditions:
Whereas, the Zoning Commission has received applications for Site Plan and Special Exception approvals, four sheets titled, “Old Lyme Bulky Waste Landfill & Transfer Station Prepared for the Town of Old Lyme, Proposed Site Layout Plan,” as prepared by Anchor Engineering Services, Inc., and dated February 25, 2004 with revisions through May 21, 2004;
Whereas, the Zoning Commission has held a duly noticed public hearing on April 12, and May 10, 2004, and June 14, 2004, and the commission has heard testimony both 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 of the Regulations with the following conditions:
1. Verification by the Zoning Enforcement officer that the Town Sanitarian has reviewed and approved, or has no comments on the proposed plan.
And whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 31.3 and Section 32, in particular that the proposed use, buildings and other structures and site development are designed and arranged as follows:
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; and,
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 the Town of Old Lyme for the Site Plan and Special Exception applications to reconstruct the existing Transfer Station per DEP Consent Order of 2002, 109 Four Mile River Road, Old Lyme, CT.
5. 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.
Ms. Bozek stated that she is a little concerned about the parking. She indicated that she would like to see a reserve parking area shown on the site plan. Ms. Bozek stated that a new use is being added and only four or five parking spaces are being added. She noted that she is not comfortable approving this application with only a handful of new spaces. Mr. Johnson stated that the membership of the club is not changing. He indicated that the applicant has shown additional parking across the street. Mr. Fries noted that that parking was not shown as part of the application. Mr. Johnson noted that that additional parking was testified to during the Public Hearing. Mr. Tooker pointed out that Mr. Sharpe indicated that the applicant would be back before the Commission if it were
found that additional parking was needed.
Ms. Bozek stated that there was a comment during the Public Hearing this evening that the Club will be selling pool membership, so there will be an increase in membership that was not testified to at the first Public Hearing. Mr. Ames agreed, noting that the usage would be increased. Ms. Bozek stated that she would like Ms. Brown to perform a parking analysis to determine if additional parking is required. Mr. Fries stated that the site is large and there is potential for parking in many different locations. He indicated that if the parking situation becomes extremely bad, the applicant would come back to the Commission. Ms. Brown stated that the Commission is required to be sure the new use has the required parking.
Mr. Johnson stated that the Club has been receptive to the concerns of the neighbors and they have agreed not to use Johnny Cake Hill Road for parking. Ms. Bozek stated that the applicant also represented that they would be willing to show reserve parking.
Mr. Fries read the draft motion for approval. The Commission agreed to add a condition that a reserve parking area be shown for 25 cars; pool lights were represented as approximately two feet high (wall mounted walkway lights); all lighting extinguished by 11:00 p.m.; no deep-fat fryer used at snack bar; and revised plan to show dumpster location no closer to the road and appropriately screened.
Ms. Bozek questioned whether a condition should be added that would limit the number of evening events at the pool. She noted that noise carries farther at night. Mr. Johnson stated that the lights have to be extinguished by 11:00 p.m. and noted that that should take care of late night activities. Ms. Bozek noted that testimony indicated the two-foot wall mounted lights are to remain on for security. Ms. Bozek stated that she believes all activity and lights must be shut down by 11:00 p.m. Mr. Fries reviewed the conditions agreed to by the Commission members.
Ms. Bozek stated that a condition should be added to address the timing of the installation of the new landscaping. Mr. Johnson agreed. Ms. Bozek stated that another condition should be that the landscaping be maintained consistent with the landscape plan. Mr. Johnson stated that the landscaping should be installed as early in the construction process as possible.
A motion was made by Eric Fries, seconded by John Johnson and voted unanimously to approve the Site Plan/Special Exception Modification/Coastal Site Plan Application to construct a pool, cabana, bathroom and shower facilities, and a snack bar, 40 McCurdy Road, Old Lyme Country Club, Inc., applicant, as follows:
Whereas, the Zoning Commission has received applications for Site Plan, Coastal Site Plan, and Special Exception Modification approvals, one sheet titled, “Site Development Plan showing Proposed Pool & Building Prepared for Old Lyme Country Club, Inc.,” as prepared by Angus McDonald Gary Sharpe & Associates, Inc., and dated April 5, 2004, with revisions through May 14, 2004; and with architectural drawings dated April 9, 2004 prepared by Wayne S. Gerrick Architects; and with a landscape plan dated May 12, 2004, as prepared by Sarah McCracken;
Whereas, the Zoning Commission has held a duly noticed public hearing on May 10, 2004 and June 14, 2004, and the commission has heard testimony both 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 of the Regulations with the following conditions:
1. Waivers of sections 31.2.2.e.(i), 31.2.2.e.(v), and 31.2.2j.(i) are granted;
2. The statement of use is modified to include a Pergola; and is modified to incorporate the requirement that the driveway on Johnny Cake Hill Road be closed to all vehicular traffic during the months that the pool is in operation; and is modified to require that all contractors use McCurdy Road as their daily access during construction; and that club members and staff be prohibited from parking on Johnny Cake Hill Road;
3. No lights to be installed on Pergola.
4. Provide proposed reserve parking area for 25 cars.
5. All property lights, except security lighting, shall be extinguished by 11:00 p.m.
6. Snack bar shall not utilize a deep fat fryer.
7. Revise site plan to show relocated position of the dumpster and that location shall not be closer to the road then it is currently shown and the dumpster is to be shielded from view.
8. Project landscaping to be maintained as per plan.
9. Landscaping to be installed as early in project sequence as practical.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 31.3 and Section 32, in particular that the proposed use, buildings and other structures and site development are designed and arranged as follows:
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
And whereas, the commission has found that the proposed improvements are in compliance with the Gateway Standards as currently approved by the Town of Old Lyme;
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 Protection, 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 Old Lyme Country Club, Inc. for the Site Plan, Coastal Site Plan, and Special Exception Modification applications to construct a pool, cabana, bathroom, shower facilities and a snack bar at 40 McCurdy Road, Old Lyme, CT.
6. Site Plan/Special Exception Application, to construct an outdoor dining patio, 85 Lyme Street, Old Lyme Acquisitions LLC, applicant.
Ms. Brown noted that there is a variance application pending. Ms. Bozek felt that the Commission could take action subject to the ZBA’s approval. Mr. Fries read the proposed motion for approval. He also read the requested waivers. Chairman Kiritsis noted that the applicant needs approval from both the Zoning Board of Appeals and the Historic District Commission.
Mr. Johnson suggested that a condition of approval be that there be no mixing or preparation of alcoholic beverages on the patio. Ms. Bozek stated that there should also be a prohibition of both live and recorded music outside. The following additional conditions were agreed upon: No additional electric lighting on patio, except for low-level safety lighting; umbrellas will not have advertising on them; no more than 40 patrons to be accommodated on the patio; patio to be shielded on the north and west sides with a four-foot wire fence and approximately 3 foot high shrubs; subject to approval of variances in process by the Zoning Board of Appeals; subject to issuance of a Certificate of Appropriateness by the Historic District Commission.
A motion was made by Joan Bozek, seconded by John Johnson and voted unanimously to approve the Site Plan/Special Exception Application to construct an outdoor dining patio, 85 Lyme Street, Old Lyme Acquisitions, LLC, applicant, as follows:
Whereas, the Zoning Commission has received applications for Site Plan and Special Exception approvals to allow a seasonal, outdoor dining patio with concomitant reduction in indoor seating, one sheet titled, “Map of Property of Old Lyme Acquisition LLC, Old Lyme, CT” as prepared by Russell Waldo, Engineer and Land Surveyor and Associates, P.C., dated May 15, 2001 with revisions through April 1, 2004;
And whereas, the current use is a pre-existing, non-conforming use as a restaurant and an inn, and the proposed patio would be an accessory to the existing use, and the applicant has applied for necessary variances to allow this expansion of use;
Whereas, the Zoning Commission has held a duly noticed public hearing on June 14, 2004, and the commission has heard testimony both 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 of the Regulations with the following conditions:
1. No live or recorded music on patio.
2. No mixing or preparation of alcoholic liquor drinks on patio.
3. No additional electric lighting on patio, except for low-level safety lighting, as needed.
4. No more than 40 patrons to be accommodated on the patio.
5. If umbrellas are used, they shall not contain wording, lettering, or advertising.
6. Patio to be shielded on the north and west sides with a four-foot wire fence and approximately 3 foot high shrubs.
7. Subject to approval of variances in process by the Zoning Board of Appeals.
8. Subject to issuance of a Certificate of Appropriateness by the Historic District Commission.
9. Waivers of Sections 31.2.2d(vi), 31.2.2e(v), 31.2.2e(vii), 31.2.2i, 31.2.2k, 31.2.4 and 31.2.5 are granted.
And whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 31.3 and Section 32, in particular that the proposed use, buildings and other structures and site development are designed and arranged as follows:
a. to achieve safety, comfort and convenience;
b. to conserve as much of the natural terrain and provide for vegetatation 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; and,
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 Old Lyme Acquisition LLC for the Site Plan and Special Exception applications to allow a seasonal, outdoor dining patio with concomitant reduction in indoor seating at 85 Lyme Street, Old Lyme, CT.
7. Site Plan/Special Exception Application to construct a dock, 17 Ferry Road, Nicholas and Lizabeth Haskos, applicants. Receive and set Public Hearing.
Ms. Bozek stated that there are four items that need to be shown or noted on the plan: water supply, electrical, side rails on ramp and handrails. Mr. Johnson stated that he would like to see a prohibition on the use of aluminum for the fixed walkway. It was also agreed that there would be no lighting and the electrical and water supply details should be added to the plans.
A motion was made by Eric Fries, seconded by John Johnson and voted unanimously to approve the Site Plan/Special Exception Application to construct a dock, 17 Ferry Road, Nicholas and Lizabeth Haskos, applicants, as follows:
Whereas, the Zoning Commission has received applications for Site Plan and Special Exception approvals to allow construction of a dock, one sheet titled, “Site Development Plan Showing Proposed Improvements Prepared for Nicholas and Lizabeth Haskos, Ferry Road, Old Lyme, Connecticut”, as prepared by Angus McDonald/Gary Sharpe & Associates, Inc., Old Saybrook, Connecticut and dated April 6, 2004;
Whereas, the Zoning Commission has held a duly noticed public hearing on June 14, 2004, and the commission has had an opportunity to hear testimony both 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 of the Regulations with the following conditions:
1. Aluminum decking not to be utilized on the fixed walkway.
2. Details of electric and water services to be shown on drawings.
3. Handrails to be provided on both sides of the ramp to the floating dock.
4. No lighting on deck or fixed walkway.
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:
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 finds that the applicant has demonstrated compliance with the General Standards of Section 32.9.3, in particular that the proposed use, buildings or other structures and site development conform to the standards of this section.
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 Nicholas and Lizabeth Haskos for the Site Plan/Special Exception applications to construct a dock on property at 17 Ferry Road, Old Lyme, CT.
8. Approval of Minutes.
A motion was made by Eric Fries, seconded by Joan Bozek and voted unanimously to approve the minutes of the May 5, 2004 Special Meeting.
A motion was made by John Johnson, seconded by Eric Fries and voted unanimously to approve the minutes of the May 10, 2004 Regular Meeting and Public Hearing.
A motion was made by Joan Bozek, seconded by John Johnson and voted unanimously to approve the minutes of the May 24, 2004 Special Meeting.
9. Zoning Enforcement.
The Enforcement Report was distributed.
10. Regulation Rewrite – Set Special Meeting.
Ms. Brown noted that the Commission does not have anything further to review until Attorney Branse has the opportunity to provide additional sections.
11. Correspondence.
None
12. Any new or old business to come before Commission.
None.
13. Miscellaneous/Adjourn.
A motion was made by John Johnson, seconded by Eric Fries and voted unanimously to adjourn at 11:24 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
| 
