APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, April 11, 2005
The Old Lyme Zoning Commission held a Regular Meeting 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.
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 (until Mr. Risom’s arrival at 8:06 p.m.) He immediately recessed the Regular Meeting to conduct the Public Hearing. The Regular Meeting reconvened at 9:00 p.m.
2. Site Plan/Special Exception/Coastal Site Plan Application to construct a community center, 39-41 Old Shore Road, White Sand Beach Association, applicant.
Chairman Kiritsis noted that the Public Hearing for this application has been continued to the May 9, 2005 Regular Meeting.
3. Site Plan/Special Exception/Coastal Site Plan Application for commercial development/residential development, 77-79 Hartford Avenue, Jerry and Dolores Vowles, applicants.
The Commission agreed that there should be a condition placed on the approval that prohibits public restrooms. Ms. Marsh read the conditions of the variance granted by the Zoning Board of Appeals and it was agreed to include these conditions by reference.
A motion was made by Tom Risom, seconded by Jane Marsh and voted unanimously to approve the Site Plan/ Special Exception/Coastal Site Plan Application for commercial development/residential development, 77-79 Hartford Avenue, Jerry and Dolores Vowles, applicants, as follows:
Whereas, the Zoning Commission has received applications for Site Plan and Special Exception approvals, plans titled “Property Survey, Map Depicting Property of Jerry & Dolores Vowles” as prepared by Hendriks Associates, Inc., dated February 23, 2005;
Whereas, the Zoning Commission has held a duly noticed public hearing on April 11, 2005, 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:
1. There shall be no provision of public restrooms.
2. Old Lyme Zoning Commission’s approval incorporates by reference all conditions set by the Zoning Board of Appeals on November 17, 2004.
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 Jerry & Dolores Vowles for the Site Plan Special Exception applications for property at 77/79 Harford Avenue, Old Lyme, CT, with the modifications specified.
4. Site Plan Modification Application to allow sale of coffee and donuts, 147 Boston Post Road, Ilias Anastas, applicant.
A motion was made by Tom Risom, seconded by Joan Bozek and voted unanimously to approve the Site Plan Modification Application to allow sale of coffee and donuts, sandwiches and other take out foods which are primarily prepared offsite, 147 Boston Post Road, Ilias Anastas, applicant, with the following conditions:
1. The new use is reflected on the as-built plans for the project upon completion.
2. The revision of the first 8 parking spaces for the purpose of walk-in patrons and the relocation of those 8 spaces for used car sales to the back be shown on the as-built plans.
3. The vending machines on the exterior of the building will be removed.
4. Mr. Graybill’s letter indicating intent of use and conditions are a permanent part of the record.
5. Proposed Amendment to the Old Lyme Zoning Regulations and Zoning Map, to create a new district, Sound View Village District, with associated Regulations. Receive and set Public Hearing.
First Selectman Tim Griswold was present to explain the application. He noted that the Board of Selectmen have been working over several months on the preparation of the proposed Sound View Village District Regulations. He explained that this includes the C-10 area in the Sound View part of Town which includes the area as delineated on the map. Mr. Griswold explained that the Regulation intends to retain and enhance the distinctive character and scale of this seaside community within the capacity of the land to support such development. He noted that the Regulations are to encourage safe and healthy use of the area by providing for limited recreational opportunities, quiet enjoyment of the areas natural resources by residents and visitors within a family atmosphere. Mr. Griswold stated that
the intent of these Regulations is to preserve the basic mix of residential and non-residential uses within the Sound View Village District in accordance with the CT General Statutes Section 8-2 and 8-2G to encourage creation of additional dedicated affordable housing within the Town.
Mr. Griswold thanked Mr. Fries and Mrs. Brown for there efforts in getting the Regulation to this point. He stated that the Board of Selectmen is presenting this proposal to the Zoning Commission for their review and they are hopeful that these Regulations will encourage owners and investors to further upgrade the area. Mr. Griswold stated that over the past two to three years there has been a vast improvement in the area and this Regulation’s intent is to keep that momentum going.
Mr. Griswold stated that many of the properties in this area consume a good portion of their lot and most are nonconforming. He indicated that this Regulation addresses coverage and setbacks. Mr. Griswold stated that the current height standard in Town is 35 feet and this proposal has a limit of 27 feet in height. He indicated that parking is another big issue in this district, which is also addressed in the Regulations. Mr. Griswold stated that the Parking Committee has already set aside parking spaces in the retail area that are limited to short-term commercial parking. He noted that this Regulation does not address liquor.
Chairman Kiritsis stated that he has a letter dated February 3, 2005 from Attorney Branse who reviewed the proposed Regulation. He questioned whether Attorney Branse’s recommendations have been incorporated into the current proposal. Mr. Fries replied that Attorney Branse crafted the final Regulation and turned it over to the Selectmen in late March.
Mr. Fries stated that one of the Statute provisions of a Village District is that it has to go through a Planning/Architectural review. He noted that there are other considerations then are typically allowed in a review. Ms. Bozek stated that a big issue is that this Regulation allows for control of demolition which allows the Commission to preserve or direct how the buildings will look. Mr. Griswold stated that there are design standards listed on Page 5 of the proposal.
The Public Hearing for this proposed amendment is scheduled for June 13, 2005.
A motion was made by Jane Marsh, seconded by Tom Risom and voted unanimously to move Item 8 up on the agenda.
6. Lyme Academy of Fine Arts – Request for use of 77 Lyme Street for Lyme Street Repaving Project.
Chairman Kiritsis read a letter from Dr. Miller giving his approval for using 77 Lyme Street as a staging area for the Lyme Street Repaving Project. He noted that the issue at hand is what protection is being afforded Dr. Miller. Mr. Griswold stated that Dr. Miller is satisfied. He noted that the duration of the project is only two to three weeks and Dr. Miller was quite agreeably because it was for the Town.
A motion was made Jane Marsh, seconded by Tom Risom and voted unanimously to authorize Lyme Academy to contract the with paving contractor to use the Lyme Academy lot at 77 Lyme Street for a staging area for the reconstruction of Lyme Street, for a time period not to extend beyond May 18, 20005.
7. Proposed Amendment to the Old Lyme Zoning Map, LI-80, LI-80S, and RU-40 to MFRU-80, Hatchetts Hill Road and Four Mile River Road.
Attorney Cronin was present to represent the applicant. He noted that this application was instigated on the suggestion of the Commission, as there were many legal questions as to whether multi-family housing was a permitted use in that particular zone. Attorney Cronin explained that the parcel is now three separate zones and they would like to change the zone designation to MFRU-80. He noted that in this way, it not only eliminates the question as to whether multi-family housing is allowed in the LI zones, but also would eliminate tricky issues regarding the access to the LI-80 zone through the LI-80S zone.
Ms. Marsh questioned whether any changes would need to be made to the MFRU Regulations to accommodate the proposal. Attorney Cronin replied that they did not. He noted that the project has not changed at all. Chairman Kiritsis indicated that he is still concerned with the line of site. Matthew White, Angus McDonald/Gary Sharpe and Associates, stated that the site line will be 15’ back from the existing line of pavement and looking west the sight line is approximately 400 feet. He pointed out that today one cannot see that far because there is a mountain in the way.
Mr. Tooker questioned whether the additional test holes were made. Mr. White replied that they were, but they do not have the results on the plan yet.
The Public Hearing for this zone map amendment will be held on May 9, 2005.
8. Site Plan/Special Exception Application to construct multi-family housing, 49 Hatchetts Hill Road, Hilltop Development, LLC, applicant.
Attorney Cronin submitted a letter requesting a 65-day extension in opening the Public Hearing. No Public Hearing date was set.
9. Proposed Amendment to the Old Lyme Zoning Regulations, Section 7.4.6, Fences, Walls and Terraces, Old Lyme Zoning Commission, applicant.
A motion was made by Jane Marsh, seconded by Tom Risom and voted unanimously to set the Public Hearing for May 9, 2005.
10. Site Plan Modification Application for outdoor picnic tables, 155 Boston Post Road, Illianos, applicant.
Chairman Kiritsis a letter from the applicant. The Public Hearing for this application will be May 9, 2005.
11. Approval of Minutes
A motion was made by Tom Risom, seconded by Jane Marsh and voted unanimously to approve the minutes of the March 14, 2005 Regular Meeting and the March 28, 2005 Special Meeting.
12. Proposed Amendment to the Old Lyme Zoning Regulations, Schedule B-1, Old Lyme Zoning Commission, Applicant.
The Public Hearing for this amendment will be May 9, 2005.
13. ZEO Report
The Commission reviewed the Enforcement Report.
14. Regulation Rewrite – Set Special Meeting
A Special Meeting has been set for Monday, April 25, 2005 at 7:30 p.m., if it is determined that there is something to review.
15. Correspondence
None.
16. Any new or old business to come before Commission.
None.
17. Miscellaneous/Adjourn
The meeting adjourned at 10:30 p.m. on a motion by Eric Fries and seconded by Tom Risom. So voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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