APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF PUBLIC HEARING
Monday, April 11, 2005
The Old Lyme Zoning Commission held its Public Hearing on Monday, April 11, 2005 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 8:06 p.m.), Eric Fries (Member) and Howard Tooker (Alternate). Also present was Ann Brown, Zoning Enforcement Officer.
Chairman Kiritsis called the Public Hearing to order at 7:31 p.m.
1. Site Plan/Special Exception Application to construct a community center, 39-41 Old Shore Road, White Sand Beach Association, applicant.
Mr. Tooker was seated for Mr. Risom for this Public Hearing. Ms. Marsh read the legal ad for this application, as published in the Main Street News on Thursday, March 31 and April 7, 2005. She also read the Exhibit List for the record. Mr. Cambria stated that there is currently a two-story structure on the property that is very close to the adjacent property of David Williams. He indicated that the proposal is to remove the existing building and construct a new community center on the property. Mr. Cambria stated that it is their hope to join two of their existing properties through a lot line modification. He indicated that the proposal is for a one-story structure. Mr. Cambria stated that the proposal was heard by the Wetlands Commission, as there are wetlands across the street,
and they are expecting a response within the next week. He noted that as part of the proposal they are asking for relief from the parking requirements. Mr. Cambria explained that the community center is strictly for the use of the residents of the White Sand Beach Association and is not open to the public. He noted that the building will not be rented and there is no need for parking as most people either walk or ride their bike. Mr. Cambria stated that during the summer there are children’s programs for association members.
Mr. Cambria explained the drainage. He noted that Connecticut Water has been connected. Mr. Cambria stated that there is an established 24” cement drainage pipe that will remain. He noted that it will not run underneath the building. Mr. Cambria stated that the building size is 68’ x 40’ plus a 10’ porch, roughly 3,000 square feet. He noted that the existing building is 6,000 square feet. Ann Pierson questioned whether the building would be used for the storage of equipment. Mr. Cambria stated that there is another existing building on the property where they store tractors and things of that nature. He noted that there will be restrooms in the building but there will not be heat.
David Williams, Neighbor, stated that he is not familiar with the Town requirement for parking but he has seen the use over the last 6 years and there is adequate parking in the field area for the few occasions when people have had a need to park there.
Mr. Tooker asked Mr. Cambria to further address the existing concrete pipe. Mr. Cambria stated that the existing pipe will not be moved, but will be below the porch. Mr. Tooker questioned who was responsible for maintenance of this pipe. Mr. Cambria stated that it is probably the White Sand Beach Association, although he is not sure who put the pipe there. Mr. Fries questioned whether they have found any easements that might be pertinent to that pipe. Mr. Cambria stated that there is not. Ms. Marsh stated that the map should be corrected to show the exact location of the existing pipe. Mr. Cambria stated that he would correct the map. Mr. Tooker stated that the reinforced concrete pipe has to be at least 25 feet from the septic tank and noted that the applicant should be
sure that it is at least that distance away.
Mr. Fries asked that the applicant review the lighting. Mr. Cambria stated that there will be four high pressure sodium 50 watt lights. Mr. Fries stated that because the porch faces the neighbor, he would like to see a picture of the lights. Mr. Cambria stated that although the fixtures will be surface mounted, the walls of the perimeter of the porch will be 14 to 16 inches down from the fixture. He indicated that the 50 watt is the lowest high pressure sodium light made. Mr. Cambria stated that there are currently telephone polls with lights situated near the property. He noted that the lights on the building will only be used when there is a function.
Ms. Brown noted that a report has not been received from the Health Department. Ms. Bozek questioned the landscaping proposed on the north side of the building. Mr. Cambria stated that the north side will be landscaped with some high bushes and ground cover. He indicated that there is currently a tarmac area that will be removed. Ms. Bozek asked Mr. Cambria to describe the current parking use on the property. She also questioned whether there would be private use of the facility by members, such as rental for parties. Mr. Cambria stated that on-street parking is not permitted during the summer season. He indicated that there is overflow parking allowed on this two acre parcel to keep guests cars off the street. Mr. Cambria stated that occasionally beach-goers will try to use
this parking and it is an issue they have to address each year. He indicated that Fire Code limits the occupancy of the building to 120 people. Mr. Cambria stated that the most at any one time is approximately 60 people and the site plan proposes 15 parking places. Ms. Bozek stated that the reserve parking should be on the same lot as the building. Mr. Fries questioned why this lot could not be merged also. Mr. Cambria stated that they did not want to merge it because of tax purposes. Ms. Bozek stated that she is trying to determine whether residents can use the building for private parties, when parking would be an issue. Mr. Cambria stated that he was planning to put a contingency on each of the properties that indicates each parcel is dependent upon the other and cannot be sold without the other. Ms. Marsh stated that a covenant in both deeds would guarantee that the uses go together and an approval could be granted contingent upon
that. Ms. Bozek stated that the Commission must be sure that there is a connected relationship that cannot be severed, as they have done with other projects in Town. She indicated that the Statement of Use indicates that the building is not for public use but it does not prohibit residents from using the community center for private parties. Ms. Bozek stated that this is her concern regarding parking. Mr. Cambria stated that for that reason they are proposing a covenant on each parcel. Ms. Bozek stated that that is something that the Commission’s attorney should look at.
David Williams, 43 Old Shore Road, stated that he is in favor of the lot line modification and the reduction of the parking requirements. He questioned whether there would be an established boundary on the east side of the property line abutting his property, such as a fence. Mr. Cambria stated that they have a need to protect the property from beach-goers parking on the field. He noted that they would probably put up a chain link fence just like the one that is currently on the property. Ms. Marsh stated that she would not like to see the chain link fence along the front roadway. Mr. Cambria stated that there would not be. Ms. Marsh suggested that the fence also be shown on the plan.
Chairman Kiritsis stated that the Public Hearing will be continued to the May Regular Meeting to provide the applicant the opportunity to address all comments and revise the site plan to address all the comments from this evening.
Mr. Risom arrived at this time and Mr. Tooker was no longer a voting alternate.
Ms. Bozek questioned whether, because parking is shown on another lot, a site plan of that lot should be submitted. She noted that a parking lot on a lot is not a primary, permitted use. Ms. Brown replied that there is a building on that lot and other activities have been established on that lot already, including parking. Ms. Bozek stated that she is concerned about creating a precedent of a stand-alone parking lot. Ms. Brown stated that only the construction of the parking is being waived. She indicated that she has addressed joining the properties by deed, instead of having the lots be joined as one. Ms. Bozek stated that joining the lots is easier from her perspective. She noted that when the Commission has in the past allowed parking on another lot it has become difficult and
troublesome.
Mr. Fries stated that the building that is being removed was a community center. He questioned where people presently park when using that building. Mr. Cambria stated that presently no one parks on the site. He noted that even for private parties they use neighboring residences. Mr. Cambria stated that holiday weekends they allow residents’ guests to park on the field because of the abundance of visitors. Mr. Fries stated that he views this as an existing situation that is being formalized by site plan review for a new structure. He indicated that it is different then the Lyme Academy who was establishing a new use on a piece of land.
Mr. Cambria submitted a site plan revised through April 6, 2005.
2. Site Plan/Special Exception/Coastal Site Plan Application for commercial development/residential development, 77-79 Hartford Avenue, Jerry and Dolores Vowles, applicants.
Ms. Marsh read the legal ad for this application, as published in the Main Street News on Thursday, March 31 and April 7, 2005. She also read the list of Exhibits for the record. Mr. Vowles stated that he received referral responses from the town engineer and from Marcy Balint, OLISP. He noted that Mr. Metcalf recommended that the water from the roof go down the gutter and into a pipe that would go under the sidewalk and into the storm drain. Mr. Vowles stated that this recommendation was that the pipe would have to be sealed as he did not want groundwater to go into this pipe. He explained that Ms. Balint has asked that an alternate plan be found so that the water could stay on the land; perhaps by using drywells. Mr. Vowles stated that he called Mr. Yuknat and it was his feeling that
this idea would not work because the land is already too wet. He indicated that Mr. Rose indicated that keeping the water on the land is not a good idea, as did John Roach.
Mr. Vowles explained that his proposal started with two separate parcels which have now been joined legally. He explained that the two existing buildings will also be joined and showed the elevation drawings of the finished building. Mr. Vowles presented drawings of both the existing and proposed structures and noted that the total number of bedrooms will be reduced to three. He indicated that the bottom floor will contain one store, instead of the two that currently exist in the two separate buildings. Mr. Vowles stated that he is hoping to open for Memorial Day weekend. Mr. Vowles noted that the properties are being reduced from two stores and two apartments to one structure that contains one apartment and one store. He noted that the building is seasonal. Mr. Vowles stated that
they received a variance from the Zoning Board of Appeals for this project.
Mr. Vowles stated that there is parking along the street for customers, and six parking spaces in the rear for himself and employees. He explained that he will not have public restrooms and noted that Ms. Balint also noted this in her referral response. Mr. Vowles explained that there are public bathrooms in the Town parking lot. Mr. Risom questioned the water supply. Mr. Vowles noted that they have Connecticut Water. He noted that the septic system is being replaced with a new 1,250 gallon tank.
Donna Brown, 54 Portland Avenue, stated that she is in favor of the application. No one present spoke against the application.
A motion was made by Jane Marsh, seconded by Eric Fries and voted unanimously to close the Public Hearing for the Site Plan/Special Exception/Coastal Site Plan Application for commercial development/residential development, 77-79 Hartford Avenue, Jerry and Dolores Vowles, applicants.
3. Site Plan Modification Application to allow sale of coffee and donuts, 147 Boston Post Road, Ilias Anastas, applicant.
Ms. Marsh read the legal ad for this application, as published in the Main Street News on Thursday, March 31 and April 7, 2005. She also read the Exhibit List for the record.
Ms. Brown indicated that this application was referred to various agencies and no responses were received, other than a verbal comment from Mr. Rose.
Mr. Anastas stated that he would like to have a small coffee/donut business at Mr. Graybill’s new garage. He explained that all his preparation will be done at the original location on Halls Road. Chairman Kiritsis stated that Mr. Graybill indicated that he thinks this coffee business will enhance his business because they are going to be an emissions testing station. Mr. Anastas explained that this business will occupy 250 square feet. Ms. Brown stated that Mr. Rose indicated that the septic system is adequate to accept this use. She explained that both Mr. Rose and the Fire Marshal need more detailed construction plans to be able to evaluate the adequacy of the construction of this building to add this use. She explained that adding a mixed use to an automobile repair shop takes
more effort Code-wise.
Mr. Fries questioned whether this service is intended only for people that are at the service station. Mr. Anastas replied that they are hoping that customers will stop in for coffee. He noted that the traffic count on Halls Road is 9800 and the traffic count on Boston Post Road is 4500.
Ms. Brown stated that when the original proposal for this garage/repair shop was before the Zoning Board of Appeals, the applicant presented a representation of parking requirements. She noted that the Zoning Regulations do not adequately address parking for this type of operation so the applicant presented a parking plan based on his anticipated needs. Ms. Brown stated that the owner has suggested that he will move the used cars that are for sale to the rear and leave the first 8 spaces in the front free for coffee and donut and tire patrons. She explained that in this way, Mr. Graybill thinks the requirements will be adequately addressed. Mr. Fries stated that there are also tables, which are above and beyond the 250 square foot. She noted that people can sit in there if the Building
Official deems it to be okay.
Ms. Brown questioned whether other products would be sold. Mr. Anastas stated that he will have donuts, bagels and muffins, along with coffee. He noted that everything is quick and will not be prepared at this location. Mr. Anastas stated that the eggs for the breakfast sandwich are pasteurized and frozen and only needs to be thawed in the microwave.
Mr. Anastas stated that the gas station will open at 6:00 a.m. and he anticipates opening at that time. He noted that he will close earlier than the service station. Mr. Fries questioned whether they would be serving luncheon sandwiches such as the ones served on Halls Road. Mr. Anastas stated that the lunch sandwiches do not take much preparation. He noted that they are made and frozen ahead of time. Mr. Anastas stated that serving a sandwich would not take any longer than spreading cream cheese on a bagel.
Ms. Marsh read a letter from Mr. Graybill explaining his application. No one present spoke in favor of or against the application.
A motion was made by Tom Risom, seconded by Jane Marsh and voted unanimously to close the Public Hearing for the Site Plan Modification Application to allow sale of coffee and donuts, 147 Boston Post Road, Ilias Anastas, applicant.
The Public Hearing adjourned at 9:00 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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