UNAPPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, December 13, 2004
The Old Lyme Zoning Commission held a Regular Meeting on Monday, December 13, 2004 at 7:30 p.m. in the Auditorium of Memorial Town Hall. Members present were Ted Kiritsis (Chairman), Jane Marsh (Secretary), Joan Bozek (Member), Tom Risom (Member – arrived at 7:37 p.m.), Howard Tooker (Alternate, seated), John Johnson (Alternate) and Steven 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 noted that Mr. Tooker would be seated this evening. Chairman Kiritsis immediately recessed the Regular Meeting to conduct the Public Hearing. The Regular Meeting reconvened at 9:42 p.m.
A motion was made by Tom Risom, seconded by Joan Bozek and voted unanimously to amend the agenda to add the acceptance of the Site Plan/Special Exception Application to construct a dock, 1 Old Bridge Road.
2. Site Plan/Special Exception Application to construct a dock, 1 Old Bridge Road, Duane and Elegance Buckingham, applicants.
Keith Neilson, Docko, was present to explain the application. He noted that the property is just north of the Baldwin Bridge. Mr. Neilson stated that he would like to schedule a Public Hearing for as soon as possible. He explained that the dock is 53 feet beyond the mean high water line and is four feet wide. He noted that the “L” is six feet wide and 20 feet long. Mr. Neilson noted that there will be power and water on the dock.
Mr. Neilson stated that he has made application to the Army Corps of Engineers and the DEP. He explained that they are currently at Public Notice with the DEP and the public comment period closes on Tuesday of this week and the permit may be in hand before the Zoning Commission Public Hearing. He noted that they have received a letter of support from the Wetlands Commission.
A motion was made by Tom Risom, seconded by Joan Bozek and voted unanimously to receive the Site Plan/Special Exception Application to construct a dock, 1 Old Bridge, Duane and Elegance Buckingham, applicants, and to set the Public Hearing for January 10, 2005.
3. Site Plan/Special Exception Modification Application to allow outdoor seating, Koffee Works, 83 Halls Road, Peter Anastas, applicant.
A motion was made by Jane Marsh, seconded by Joan Bozek and voted unanimously to deny without prejudice the Site Plan/Special Exception Modification Application to allow outdoor seating, Koffee Works, 83 Halls Road, Peter Anastas, applicant, because the application is incomplete, lacking the Statement of Use, Floor Plans and Site Plan, and because there was no one present to represent the applicant.
4. Proposed Amendment to Section7.2.3 of the Old Lyme Zoning Regulations, Jeff Flower, applicant.
The Public Hearing for this item has been continued to January 10, 2005.
5. Site Plan/Special Exception Modification Application to defer parking under Section 41.8, 77, 82 and 87 Lyme Street, Lyme Academy of Fine Arts, applicant.
Mr. Risom questioned whether there is a system in place that would alert the Commission that the parking for Lyme Academy needs to be reviewed in three years. Ms. Brown stated that currently there is not a calendar that goes three years forward, but it could be put on a calendar and carried from year to year. She stated that as people start to see parking aggravations, one may look into the file. Ms. Brown stated that she would look into purchasing a five-year calendar.
Ms. Marsh stated that the required mechanism is to extend the completion of the Phase IV Site Plan for another three years. Mr. Risom questioned whether in that case the Commission could release the bond. Ms. Marsh stated that she is willing to release the bond, but not willing to give final sign off on the Site Plan. She noted that the Regulations allow the Commission to defer the building-out of a parking lot. Ms. Brown noted that the Regulation does not address time limits, it addresses use limits.
Ms. Marsh stated that the Commission can state that the lot is presently not approved for use except for a few special one-day events, or six times a year maximum. She stated that it should be clear that this is not an approved use for general parking on an ongoing basis and the only way it can become that is by returning to the Commission with a site plan that shows the parking spots and the required berm and screening to protect the Miller property. Ms. Marsh stated that the latest date that the Academy can bring that site plan to the Commission is December 13, 2007. She noted that this is conditional approval of the site plan for Phase IV and will not become final until that this parking is completed. She noted that this is an agreement with the applicant in exchange for the Commission’s
agreement to release the bond. Ms. Marsh stated that when the current construction staging use of the lot is completed for the winter, there will be no future use of this type without approval by the Commission.
The Commission asked Ms. Brown to make Ms. Marsh’s comments into a formal motion for review at the January meeting.
6. Approval of Minutes
A motion was made by Tom Risom, seconded by Jane Marsh and voted unanimously to approve the minutes of the September 27, 2004 Special Meeting and the November 8, 2004 Regular Meeting.
7. Zoning Enforcement Report
Ms. Brown reviewed the enforcement report. She reported that the Judge ruled in favor of Mr. Pisani, who may keep his dormers. Chairman Kiritsis stated that in reading the Judge’s ruling, it appears that the Town’s case was poorly presented. Mr. Johnson stated that this ruling could have a great effect on the Town. Ms. Marsh stated that the facts in the Judge’s ruling does not even sound like the Pisani case.
Ms. Brown stated that a decision was also reached on the motel appeal. She indicated that the Judge ruled that the Zoning Commission should have approved both the CAM and the Special Exception for the Water Resource District, but he agreed that the Commission properly denied the Site Plan.
8. Approval of 2005 Meeting Schedule
A motion was made by Tom Risom, seconded by Jane Marsh and voted unanimously to approve the 2005 Meeting Schedule.
9. Election of Officers
A motion was made by Tom Risom, seconded by Joan Bozek and voted unanimously to keep the present Slate of Officers for 2005.
10. Regulation Rewrite – Set Special Meeting
No meeting set for the month of December.
11. Any new or old business to come before Commission.
Ms. Brown stated that they have received notice from the State that a dock has been applied for at 42 Sea View Road in Point ‘O Woods.
Ms. Brown explained that a property owner on Hartford Avenue received approval from the Zoning Board of Appeals to combine his two small lots and join the two existing buildings. She questioned whether he would need Site Plan approval. The Commission agreed that he would need Site Plan approval.
12. Miscellaneous/Adjourn
The meeting adjourned at 10:27 p.m. on a motion by John Johnson and seconded by Tom Risom. So voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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