UNAPPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, August 9, 2004
The Old Lyme Zoning Commission held its Regular Meeting on Monday, August 9, 2004 in the auditorium of Memorial Town Hall. Members present were Ted Kiritsis (Chairman), Jane Marsh (Secretary), Tom Risom, Joan Bozek (arrived at 7:35 p.m.), Eric Fries (arrived at 7:39 p.m.) and Howard Tooker (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 noted that Howard Tooker would be a voting alternate this evening. Chairman Kiritsis immediately recessed the Regular Meeting to conduct the Public Hearing. The Regular Meeting reconvened at 9:12 p.m.
2. Site Plan/Special Exception Modification Application to service liquor on the patio and provide live entertainment (guitarist) indoors, 90 Halls Road, Lynne Sherlock, applicant. Receipt.
Amanda Bourne, restaurant manager, was present to represent the applicant. Ms. Bourne stated that the Liquor Commission has asked that the Zoning Commission grant approval on a few items on the permit, which are approval to serve liquor at the twelve outside seats on the patio and to allow a guitarist two nights per month.
Chairman Kiritsis questioned how many seats were inside. Ms. Bourne replied that she believes there are 48 inside plus 12 inside. Chairman Kiritsis stated that he does not believe that this meets the Health Department and Fire Marshal approval. Ms. Brown explained that in 1998, the Planning Commission approved 50 seats, but the Health Department restricted the total number of seats to forty. Chairman Kiritsis noted that the proposal shows 60 seats (48 and 12).
Ms. Bourne noted that the application requested is Restaurant Liquor and originally Ms. Sherlock did not check yes for patio. She noted that this is why they are resubmitting the application. Ms. Bozek stated that it is her recollection that Anne’s Bistro attempted to get outside seating and there was an issue with the Health Department so the application was denied.
Ms. Bourne noted that the guitarist is acoustic and there is no amplification of the music. Ms. Brown noted that the files for this location were searched and two permits were found that limit the seating to 40 and prohibit outdoor seating.
Chairman Kiritsis noted that one of the issues that they discussed with the Old Lyme Inn’s patio is that the liquor regulations specify the serving on the facility and the Commission decided that the entire property was part of the facility and owned by the Green’s. He questioned whether the patio would constitute part of the facility for this restaurant. Chairman Kiritsis stated that the sidewalk would appear to be part of the shopping center and not part of the facility.
The Commission agreed that this application would have to go to Public Hearing, which will be scheduled for the September 13, 2004 Regular Meeting.
3. Site Plan Modification Application, change of use from retail to restaurant, 68 Halls Road, Brenda Bohinc, applicant. Receipt.
Ms. Bohinc explained that she is requesting a change of use from retail to restaurant for a Subway Restaurant at the former Paul Lewis suite.
Ms. Brown noted that the sign proposed appears to be internally lit, which is not permitted. She stated that the Statement of Use does not describe the number of patrons per day, which would be helpful in the Commission’s being able to determine adequate parking. Ms. Bohinc noted that ninety percent of the transactions are take-out and assuming 150 transactions per day, only 15 percent would be eating in. She noted that there would be approximately 20 cars per hour, which is on the high side.
Ms. Brown noted that the applicant is requesting that she not have to submit and record a new site plan because she is not intending any changes to the outside of the building. Ms. Bohinc noted that Subway requires that stores be open 98 hours per week, which requires hours of 7:30 a.m. to 10:00 p.m. She noted that if local codes do not allow these hours, a waiver can be obtained. Ms. Bohinc noted that the peak hours of operation would be 11:00 a.m. to 7:00 p.m.
Ms. Bohinc noted that there is no cooking other than the heating of hot subs in a microwave. Mr. Fries noted that this must be a large change in use from the Sanitarian’s standpoint. He questioned whether the Sanitarian’s approval has been received. Ms. Bohinc noted that she has spoken with Mr. Rose several times. Mr. Fries suggested that the Sanitarian’s approval be a condition of approval. Ms. Brown noted that the applicant must get Health approval on the Zoning Permit for a change of use.
Ms. Bohinc stated that she will revise the sign and submit it as a separate application. Ms. Marsh questioned whether there would be any other exterior lighting. Ms. Bohinc stated that there would be an exit light inside in the building, which is Code. She noted that there would not be exterior lights.
Mr. Tooker stated that he would like to see the applicant responsible for the litter. Ms. Marsh suggested a condition of approval be trash receptacles outside the store. She suggested that the applicant be responsible for policing the trash in the parking lot.
A motion was made by Tom Risom, seconded by Joan Bozek and voted unanimously to approve the Site Plan Modification Application, change of use from retail to restaurant, 68 Halls Road, Brenda Bohinc, applicant, for the purpose of opening a Subway Store which will be open 7 days per week from 7:30 a.m. to 10:00 p.m., with the following conditions:
1. Applicant shall work toward installing a trash receptacle outside in the vicinity of the shop.
2. Applicant shall pick up trash emanating from this business in a reasonable area around the parking lot.
3. The sign shall be approved by a separate permit approved by staff.
4. No outside seating is requested or approved.
A motion was made by Tom Risom, seconded by Eric Fries and voted unanimously to add to the agenda the Site Plan Modification Application, change of use from retail to commercial on site service (holistic yoga/fitness), 19 Halls Road, Unit #109, Laura Jean Kokoska, applicant.
4. Site Plan Modification Application, change of use from retail to commercial on site service (holistic yoga/fitness), 19 Halls Road, Unit #109, Laura Jean Kokoska, applicant.
Laura Kokoska and Anne Irr Dagle were present to explain the application. Ms. Kokoska stated that they are proposing to change the use from retail to commercial on site service. She noted that the prior retail establishment was Old Lyme Quilts. Ms. Kokoska stated that they would like to have yoga and fitness classes, as well as other adjunct services.
Ms. Bozek questioned the interior changes. Ms. Kokoska distributed the floor plan and noted that it will be in compliance with the Fire Codes and the Building Codes. She noted that the hours of operation are 7:15 a.m. to 8:30 p.m. She noted that they would not be open on Sundays. Ms. Kokoska stated that there would some music for the fitness classes. Ms. Kokoska explained that the last morning class will end around 12:30 and they will be closed until 4:15 or 4:30 p.m. and then evening classes will begin. She noted that there is a maximum of 12 students per class and a maximum of three employees at any given time.
Ms. Kokoska pointed out that fifty-five percent of the classes offered are during non-business hours. Ms. Marsh pointed out that the Hideway uses many of the parking spaces during the lunch hour. Ms. Kokoska noted that their last class ends at 12:15 and they begin again at 4:00 p.m. She noted that many of the other businesses are closed during the evening meal hour. Ms. Kokoska explained the floor plan to the Commission.
Ms. Bozek noted that parking will be a problem. She noted that she has been ticketed for parking in front of the clothing drop-off bin. Ms. Bozek stated that there are times when there are no parking spaces available, and indicated that the parking problem is during the lunch hour. Mr. Fries questioned whether the Board could approve a new application when there is already a parking problem. Ms. Bozek suggested that the employees of DNA Wellness park around the back where the medical office employees park. Mr. Risom stated that the owner of the property could pave over the foundation to provide more parking spots.
Ms. Marsh stated that there is no inventory of uses and the parking spaces that they require for the entire facility. She noted that if this determination were made they would find that that the uses exceed the parking available. Ms. Marsh stated that not having this information, the Commission could do nothing more than warn the applicant on the lack of parking during the lunch hour.
A motion was made by Tom Risom, seconded by Joan Bozek and voted unanimously to approve the Site Plan Modification Application, change of use from retail to commercial on site service (holistic yoga/fitness), 19 Halls Road, Unit #109, Laura Jean Kokoska, applicant, with the following conditions:
1. Hours of operation shall be Monday through Friday, 7:00 a.m. to 9:00 p.m, and Saturday mornings.
2. Limit of 15 individuals per class.
5. Site Plan Application to construct offices/workshop, 57 Four Mile River Road, Peter Mountzoures, applicant.
Chairman Kiritsis noted that the members eligible to vote on this application are Tom Risom, Jane Marsh and himself.
A motion was made by Tom Risom, seconded by Jane Marsh and voted to approve the Site Plan Application to construct offices/workshop, 57 Four Mile River Road, Peter Mountzoures, applicant, as follows:
Whereas, the Zoning Commission has received an application for Site Plan approval, titled “Site Plan, Property Located at 57 Four Mile River Road, Old Lyme, CT, Prepared for Peter Montzoures,” 3 sheets as prepared by David M. Coonrod, L.L.S., dated April 31, 2004 with revisions through August 9, 2004;
Whereas, the Zoning Commission has held a duly noticed public hearing on July 12 and August 9, 2004, and the commission has heard testimony from both citizens of Old Lyme and the applicant; and
Whereas, the proposed use (building for offices and a workshop with garage) is permitted with site plan approval as required by (schedule B-1) section 18.6, and section 24 a. and/or b., of the Old Lyme Zoning Regulations, and 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. The building shall have no basement or floor drains without a separate approval.
2. Sign design and location must be in compliance with the requirements of Section 42, and shall require a separate sign permit approval from the Zoning Enforcement Officer;
3. An as-built plan shall be submitted to the Zoning Enforcement Officer prior to final Certificate of Zoning Compliance being issued;
4. No storage or usage of paint, chemicals, etc., is approved at this site.
5. The curbside sign shall not be illuminated.
6. As noted on the plan, the developer is obligated to provide a driveway to the adjacent lot and shall maintain landscaping as further noted in Exhibit R.
7. Site lighting shall be limited to that shown on Exhibit S with a 100-watt incandescent lamp.
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 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 Peter Montzoures for the Site Plan application for property at 57 Four Mile River Road, Old Lyme, CT, with the modifications specified.
(Ted Kiritsis, Jane Marsh and Tom Risom voted on the above application).
6. Site Plan/Special Exception Application to enlarge Automotive repair facility, 147 Boston Post Road, All Pro Automotive, applicant.
Chairman Kiritsis noted that Tom Risom, Jane Marsh and himself are the only members eligible to vote on this application.
A motion was made by Tom Risom, seconded by Jane Marsh and voted to approve the Site Plan/Special Exception Application to enlarge automotive repair facility, 147 Boston Post Road, All Pro Automotive, applicant, as follows:
Whereas, the Zoning Commission has received applications for Site Plan and Special Exception approvals, plans titled “All Pro Automotive” as prepared by Hendriks Associates, LLC, dated February 2004, with revisions through June 22, 2004;
Whereas, the Zoning Commission has held a duly noticed public hearing on July 12, 2004 and August 9, 2004, and the commission has heard testimony from both citizens of Old Lyme and the applicant; and
Whereas, the proposed use is permitted with site plan approval as required by (schedule B-1) section 22.1.10.1 and 22.1.10.2, and by Special Exception under section 31.3.15 and section 34 Water Resource District, of the Old Lyme Zoning Regulations; and
Whereas, 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:
all conditions of the Zoning Board of Appeals variance #04-13 approval are made part of the conditions of this approval, especially with regard to the limit of 8 spaces for the sale of cars.
at the applicant’s expense, the design engineer is required to perform regular inspections during construction of this facility and its drainage structures;
an as-built plan of the site work and drainage installation must be submitted to the town upon completion of the project and prior to the issuance of the Certificate of Zoning Compliance, along with acknowledgement by the design engineer that the drainage system and site work were constructed as designed;
a bond in an amount acceptable to the town engineer must be submitted to ensure erosion and sedimentation structures, installation of the required fence, and installation of the landscaping prior to endorsement of the plan by the commission chairman;
the fence and the landscaping must be installed before the issuance of Certificate of Occupancy;
sign design and location must be in compliance with the Zoning Regulations and shall require a separate sign permit approval from the Zoning Enforcement Officer;
all vending machines located outside buildings may not be illuminated after business hours.
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 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 Graybill Properties, LLC, for the Site Plan and Special Exception applications for property at 147 Boston Post Road, Old Lyme, CT, with the modifications specified.
(Ted Kiritsis, Jane Marsh and Tom Risom voted on this item).
7. Approval of Minutes.
A motion was made by Tom Risom, seconded by Jane Marsh and voted unanimously to approve the Minutes of the July 12, 2004 Regular Meeting and Public Hearing.
A motion was made by Eric Fries, seconded by Joan Bozek and voted unanimously to approve the Minutes of the July 26, 2004 Special Meeting.
5. Zoning Enforcement.
Ms. Brown reviewed the Zoning Enforcement Report. Mr. Fries noted that there is a new white fence on Mile Creek Road that appears to be 6’ high and in the front setback. Ms. Brown noted that she was aware of this and would send an informal notice.
6. Regulation Rewrite – Set Special Meeting.
A Special Meeting was set for Monday, August 23, 2004 at 7:30 p.m.
7. Correspondence.
None.
8. Any new or old business to come before Commission.
Mr. Fries stated that he is writing the final draft of the Sound View Design District and would like to have it to the Zoning Commission shortly thereafter. He noted that the Selectmen would be the applicant.
Mr. Tooker noted that there is an unregistered motor vehicle on Lyme Street. Ms. Brown noted that this would be a police matter.
9. Miscellaneous/Adjourn.
A motion was made by Tom Risom, seconded by Joan Bozek and voted unanimously to adjourn at 9:26 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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