APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, January 10, 2005
The Old Lyme Zoning Commission held a Regular Meeting on Monday, January 10, 2005 at 7:30 p.m. in the Auditorium of Memorial Town Hall. Members present were Ted Kiritsis (Chairman), Jane Marsh (Secretary), Tom Risom (Member), Howard Tooker (Alternate, seated), John Johnson (Alternate, seated) 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 and Mr. Johnson would be seated this evening. Chairman Kiritsis immediately recessed the Regular Meeting to conduct the Public Hearing. The Regular Meeting reconvened at 7:45 p.m.
A motion was made by Tom Risom, seconded by John Johnson and voted unanimously to amend the order of the agenda to take Item 4 of the Regular Meeting first.
2. Proposed Amendment to Section 7.2.3 of the Old Lyme Zoning Regulations, Jeff Flower, applicant.
A motion was made by Jane Marsh, seconded by Howard Tooker and voted unanimously to approve the Proposed Amendment to Section 7.2.3 of the Old Lyme Zoning Regulations as amended December 14, 2004, Jeff Flower, applicant, effective upon publication.
3. Site Plan/Special Exception Application to construct a dock, 17 Sandpiper Road, Robert and Patricia Volland, applicants.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to receive this application and set the Public Hearing for February 14, 2005.
4. 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. Johnson stepped down and Mr. Ames was seated in his place. Ms. Brown stated that she discussed the proposed conditions of approval with Fred Osborne and he is content with them. Mr. Tooker noted that the backhoe is still parked in the lot, although the port-o-potty has been removed. Ms. Brown noted that Mr. Osborne told her today that everything has been removed and she indicated that she would inspect tomorrow. She noted that Mr. Osborne stated that he would send a letter acknowledging the conditions of approval.
The Commission agreed to add a fourth condition to the approval that states that if condition #1 is not met, the site plan and special exception will expire.
A motion was made by Tom Risom, seconded by Steve Ames and voted unanimously to approve the Site Plan/Special Exception Modification Application to defer parking, 84 Lyme Street, Lyme Academy of Fine Arts, applicant, as follows:
Whereas, the Zoning Commission has received an application to modify the approved Site Plan and Special Exception for the Site Plan Phases I through V which was approved on September 11, 2000, to defer construction of thirty (30) parking spaces on the east side of Lyme Street, on the parcel known as 77 Lyme Street;
And, whereas, the Zoning Commission has received a request for the release of the $10,000 site plan bond;
And, whereas, the Zoning Commission held a duly noticed public hearing on December 12, 2004, and the commission has heard testimony both from citizens of Old Lyme and the applicant; and
And, whereas, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 41.8 of the Regulations to allow the construction of the thirty (30) parking spaces on the east side of Lyme Street to be deferred, with the following conditions:
On or before 12/13/07, the applicant shall submit to the Commission a site plan application showing a parking lot for thirty (30) parking spaces on the east side of Lyme Street; the application shall include all information required by the Old Lyme Zoning Regulations, including, but not limited to, location, engineering, lighting, landscaping, screening, etc.;
The lot at 77 Lyme Street is not approved for parking, except for up to six (6) special events each year, such events to be sponsored by either the Lyme Academy College of Fine Arts or by the Town of Old Lyme;
There shall be no use of the lot at 77 Lyme Street as a staging area for construction projects or for parking of construction equipment and/or supplies, unless and until permission for that use has been approved by the Zoning Commission;
If the applicant does not comply with the conditions of #1 above, the site plan and special exception shall expire:
And, whereas, the Commission shall release the $10,000 bond upon receipt of written acknowledgement by the applicant that the applicant agrees to the above conditions for submission of the application, and for the construction of the thirty (30) parking spaces on the east side of Lyme Street;
Now, therefore, be it resolved that the Old Lyme Zoning Commission grants approval of application for the modification of the Site Plan and Special Exception, and for the release of the site plan bond, for property at 77, 82, and 84 Lyme Street, Old Lyme, CT, with the conditions specified.
Mr. Ames voted in place of Mr. Johnson for this item (Lyme Academy). Chairman Kiritsis asked that a copy of this motion be sent to Dr. Miller.
Ms. Brown stated that Mr. Osborne questioned the possibly of using the lot as a staging area for the contractor paving Lyme Street in the spring, should the Town hope to do that. She noted that she indicated that the Zoning Commission would expect the Town or the contractor to make the request and a presentation to the Commission showing how they propose to protect Dr. Miller. Ms. Marsh indicated that she would want Dr. Miller to get notice and have the opportunity to attend if this were to happen.
5. Bond release request, Graybill Properties, 147 Boston Post Road (fence).
Ms. Brown stated that $15,000.00 of the bond for this Site Development Plan was held for the fence to be installed along Appletree and along the back of the property. She noted that the fence has been installed and the applicant is requesting that this amount be released. Ms. Brown noted that the remainder of the bond is for erosion and sedimentation control.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to release the bond in the amount of $15,250.00 for the fence at 147 Boston Post Road, Graybill Properties.
A motion was made by Tom Risom, seconded by John Johnson and voted unanimously not to discuss Items 5 and 6 of the agenda.
6. Approval of Minutes
A motion was made by John Johnson, seconded by Tom Risom and voted unanimously to approve the minutes of the December 13, 2004 Regular Meeting and Public Hearing.
7. Zoning Enforcement Report
Ms. Brown reviewed the Enforcement Report. Ms. Brown noted that Judge Hurley has awarded the Town $250.00 for their expenses in bringing 54 Portland into compliance. Ms. Brown noted that approximately a year ago the Zoning Commission discussed creating a fee ordinance to require applicants to offset expenses for complicated projects where there is a lot of engineering or legal. She explained that Mark Branse sent his model fee ordinance which she edited for the purposes of the Zoning Commission. Ms. Brown stated that if the Commission would still like to do this she could have Mark Branse review her edits and forward it to the Board of Selectmen for adoption. Ms. Brown noted that there is currently an ordinance that allows the Zoning Commission to set their fees. Ms. Marsh noted that
she thought the ordinance eliminated the need for them to go back to the Board of Selectmen. Mr. Risom stated that it was his understanding that the current ordinance allows the Commission to set their own fee structure independent of the Town. Ms. Brown stated that the ordinance does say that, yet she was told it was not sufficient. She pointed out that the Planning Commission enacted their own ordinance and the document before them this evening is Mark Branse’s answer.
Ms. Marsh stated that she does not believe the Commission needs to go to Town Meeting to set fees. Ms. Brown suggested that perhaps this new ordinance is not needed, but questioned why the Planning Commission recently adopted their own ordinance. Mr. Risom suggested discussing this matter when Ms. Bozek was present so that she could shed some light on why she felt a new ordinance was required. Ms. Marsh stated that the Zoning Commission can currently set their own fee and asked Ms. Brown to review the current fees and recommend changes to the Commission.
Chairman Kiritsis stated that it appears that there are now benches on the sidewalk at the ice cream store. He noted that the sidewalk is not part of their site.
8. Regulation Rewrite – Set Special Meeting
A Special Meeting has been set for Monday, January 24, 2005 at 7:30 p.m. The Commission discussed fences and agreed to start their review with this section and then continue on to Section 11.
9. Any new or old business to come before Commission.
None.
10. Miscellaneous/Adjourn
The meeting adjourned at 8:25 p.m. on a motion by Howard Tooker and seconded by Tom Risom. So voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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