APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, May 9, 2005
The Old Lyme Zoning Commission held a Regular Meeting on Monday, May 9, 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 – arrived at 8:00 p.m.), Eric Fries (Vice Chairman), Steven Ames (Alternate) 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 8:40 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.
Mr. Risom noted that he would not be voting on this item as he was not present for part of the Public Hearing. Chairman Kiritsis noted that there are four members voting on this item.
Mr. Tooker stated that the applicant indicated that there would be a six foot fence in front of the building. Ms. Marsh stated that it is attached to the building in front and noted that it is indicated on the plan. Mr. Tooker stated that he thinks the project is a good thing for Old Shore Road as the existing building has been an eyesore for a long time.
Mr. Fries stated that the comments from the first public hearing have been addressed. Mr. Kiritsis stated that a written approval from the Sanitarian could be required as a condition of approval. Chairman Kiritsis stated that another condition would be that the two lots have deed covenants for the parking situation. He indicated that a drainage easement is also a required condition. Ms. Brown stated that she spoke with Attorney Knapp today about the drainage easement. She indicated that the pipe going under the building is not a usual circumstance for a drainage easement. Ms. Brown stated that Attorney Knapp felt that the pipe should be maintained by the Town, but questioned whether the Town would need to replace the patio or porch that has to be removed to get to the pipe. She
noted that Attorney Knapp proposes that the Association grants a drainage easement with the rights to maintain the pipe, but if for some reason the Town had to dig up the pipe, any damage to the building would be at the Association’s expense, not the Town’s. Ms. Brown pointed out that ordinarily there would not be a structure on top of a pipe.
A motion was made by Jane Marsh, seconded by Eric Fries and voted unanimously to approve the Site Plan/Special Exception Application to construct a community center, 39-41 Old Shore Road, White Sand Beach Association, applicant, as follows:
Whereas, the Zoning Commission has received applications for Site Plan and Special Exception approvals, plans titled “The White Sand Beach Association Inc” as prepared by CME Associates, dated February 15, 2005, with revisions through May 3, 2005;
Whereas, the Zoning Commission has held a duly noticed public hearing on April 11 and May 9, 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 and special exception approval as required by (schedule A-1) section 21.1.10, and with special exception approval as required by section 41.8 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:
Lots 65, 66, and 74 on tax assessor’s Map #73, shall be merged by deed into one single lot.
The community center is approved for Seasonal Use only.
The community center shall be used by White Sand Beach Association members and their guests only.
There shall be no public toilets for use except during community center functions.
The area for the required parking shall be provided on the adjacent lot as shown (lot 67, map #73); this parking shall be constructed at such time that the Old Lyme Zoning Commission determines that the use at the Community Center requires the parking to be constructed (detailed as 38 spaces).
Covenants in the deeds for lot 67 and for the lot formed by the merger of lots 65, 66, and 74, shall require lot 67 permanently to provide the area for parking for the community center, with language acceptable to the commission attorney.
Language for the drainage easement for the pipe across these lots shall be approved by the Zoning Commission attorney, including maintenance by Town and any damage to structure to be responsibility of applicant.
Written approval from Old Lyme Health Department must be submitted prior to endorsement of the plan.
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:
to achieve safety, comfort and convenience;
to conserve as much of the natural terrain and provide for vegetation on the site to the extent practical;
to be in architectural harmony with the surrounding area;
to protect nearby residential and preservation areas;
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 White Sand Beach Association for the Site Plan and Special Exception applications for property at 39-41 Old Shore Road, Old Lyme, CT, with the modifications specified.
(Members voting for the above application were Ted Kiritsis, Jane Marsh, Eric Fries and Howard Tooker).
3. Proposed Amendment to the Old Lyme Zoning Regulations and Zoning Map, to create a new district, Sound View Village District, with associated Regulations, Old Lyme Board of Selectmen, applicant. Public Hearing set for June 13, 2005. Consider change of date.
Ms. Brown noted that Attorney Branse is unable to attend on June 13. The Public Hearing for this item will be held on June 27, 2005, at the Old Lyme Middle School.
4. Proposed Amendment to the Old Lyme Zoning Map, LI-80, LI-80S and RU-40 to MFR-40, Hatchetts Hill and Four Mile River Road, Hilltop Development, LLC, applicant.
Mr. Fries stated that it appears to him that there are proper sight lines heading west, but he is concerned about the continued presence of the CL&P poles. He stated that he is concerned because people do not drive 35 mph on that road. Mr. Kiritsis pointed out that there have been two fatalities on the road.
A motion was made by Jane Marsh, seconded by Eric Fries and voted unanimously to approve the Proposed Amendment to the Old Lyme Zoning Map, LI-80, LI-80S and RU-40 to MFR-80, Hatchetts Hill Road and Four Mile River Road, Hilltop Development, LLC, applicant, effective June 1, 2005.
5. Site Plan/Special Exception Application to construct multi-family housing, 49 Hatchetts Hill Road, Hilltop Development, LLC, applicant. Hearing date not scheduled.
The Public Hearing for this item was set for June 13, 2005.
6. 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 Tom Risom, seconded by Jane Marsh and voted unanimously to approve the Proposed Amendment to the Old Lyme Zoning Regulations, Section 7.4.6, Fences, Walls and Terraces, Old Lyme Zoning Commission, applicant, effective June 1, 2005, with the correction of the typographical error (permit changed to exception).
7. Proposed Amendment to the Old Lyme Zoning Regulations, Schedule B-1, Line 1, Old Lyme Zoning Commission, applicants.
The Public Hearing for this item has been continued to the June 13, 2005 Regular Meeting.
8. Site Plan/Special Exception Application to add outside picnic tables, 163 Boston Post Road, Anthony Basileo, applicant.
Public Hearing for this item has been continued to the June 13, 2005 Regular Meeting.
9. Approval of Minutes
A motion was made by Tom Risom, seconded by Jane Marsh and voted unanimously to approve the minutes of the April 11, 2005 Regular Meeting and Public Hearing.
10. ZEO Report
The Commission reviewed the Enforcement Report. Ms. Brown explained that she received a revised plan for the Country Club that changed the location of the wading pool to where the pergola was located. She noted that she has not issued the permit for this pool because they have not received State approval yet. Ms. Brown noted that in the meantime construction of the pool has begun and there are some other site changes. She indicated that a retaining wall which was approved has been extended, there has been additional fill, an existing stone wall has been removed, and there has been clearing that was not indicated on the site plan. Ms. Brown noted that some neighbors have expressed concern. She noted that the proposed fence may also be extended further. Ms. Brown noted that the
applicant has submitted a Site Plan Modification Application in anticipation of the fact that the Board may want to review the revised plan.
Mr. Fries indicated that the A&P Liquor Store has temporary signs.
11. Regulation Rewrite – Set Special Meeting
A Special Meeting has been set for Monday, May 23, 2005 at 7:30 p.m.
12. Correspondence
a. Letter of complaint of tree cutting on Neck Road Subdivision.
b. Letter of complaint to Zoning and Wetlands Commissions warning the Town that the Town is at risk if there is flooding on this particular property.
13. Any new or old business to come before Commission.
Ms. Brown stated that the Old Lyme Country Club has submitted a Site Plan Modification Application. Gary Sharpe, Angus McDonald/Gary Sharpe and Associates, stated that they have modified the location of the wading pool. He indicated that the revised site plan shows the extension of the originally approved retaining wall. Mr. Sharpe stated that the area cleared was cleared in order to install the approved fencing. He indicated that the original proposed landscape will screen the pool from both Johnny Hill Cake Road and Meetinghouse Lane. Mr. Fries questioned whether there was any vegetation shown on the approved site plan that was removed. Ms. McCracken stated that there was nothing drawn on her site plan that was existing that has been removed. Mr. Sharpe stated that there were
trees shown on Ms. McCracken’s plan and those mature trees still exist. Mr. Fries stated that some of the work to the north was beyond the limit depicted on the original site plan. Mr. Sharpe stated that it is possible that the clearing was done in conjunction with access to the site. Ms. McCracken stated that part of a stonewall was removed for the fence. Ms. Marsh questioned whether there is a landscaping plan to show restoration of this area. Ms. McCracken stated that she would suggest a combination of materials to create screening. Ms. Marsh indicated that she would like to see a landscape plan as part of the modification application.
Chairman Kiritsis agreed and stated that the neighbors’ expressed great concern with the screening of the pools at the Public Hearing. Ms. Brown questioned whether the wading pool has been installed in the location shown on the revised plan. Mr. Sharpe stated that he is not sure. He noted that his plan is dated February, 2005 and he has not done an as-built survey of the pool.
Mr. Risom stated that the extension of the project limit should be mitigated as soon as possible. Ms. Brown asked that the grading be shown on a revised plan, along with the project limit. Mr. Sharpe stated that he would like to accomplish this without having to wait 30 days until the Commission’s next meeting. He stated that he could assure that the landscaping would be continued in a northerly direction and questioned whether Ms. Brown could sign off on the landscaping plan.
Mr. Tooker stated that he feels the neighbors should have a say. Mr. Fries agreed, but suggested that Ms. Brown okay a landscape plan so that the applicant may move forward. He noted that at the June meeting the public can have input on the results before final approval of the modified site plan. Mr. Sharpe stated that by the June Meeting the Country Club could have the landscaping installed and the neighbors would know exactly what the landscaping will look like.
Jeff Flower, 4 Meetinghouse Lane, stated that he heard the wall was removed in part to allow other work to occur. He indicated that this is not the case. Mr. Flower stated that the wall was removed between noon and 4:00 p.m. after the pool was already put in. He noted that it was bulldozed. Mr. Flower stated that stonewalls must be maintained. He noted that landscaping will not have the same effect as a solid stonewall. Mr. Flower stated that grading and blasting equipment have been going in and out of the driveway all fall and winter and there was no reason for the stonewall to come down two weeks ago. He questioned why the wall was removed. Mr. Flower stated that the stone wall also prohibited other than parallel parking. He asked that the stone wall be
reconstructed. Ms. McCracken stated that there is only one small part that was removed. Mr. Sharpe stated that he believes the wall Mr. Flower is referring to has not been removed. Mr. Flower stated that there were areas where the stone wall did not have to be removed.
Mr. Flower stated that there is now a chain link fence and landscaping where there used to be a stone wall. He indicated that this is a major complaint of the neighbors. Mr. Sharpe stated that the chain link fence was always a part of the plan. Mr. Sharpe stated that the landscape plan showed the stone wall removed. Mr. Flower pointed out that the site plan did not show the wall as being removed. Mr. Flower stated that the original landscaping plan did show the stone wall.
Mr. Fries stated that the new landscape plan should show the same level of screening that the stone wall provided. Ms. Marsh suggested that the stone wall could possibly be partially reconstructed. Ms. McCracken stated that the stones are no longer on the site. Mr. Fries suggested a solid wooden fence. Mr. Flower stated that the neighbors do not want to see the pool.
Mr. Sharpe indicated that he will present a plan to Ms. Brown for her approval, the work will be done and they will come back before the Commission in June.
Ms. Brown stated that she has received a Site Plan Modification Application, 4 Davis Road West, change of use from office to dog grooming, Elle Richardell, applicant. Ms. Brown stated that there is a dog groomer that would like to occupy the smaller building on the Veterinary Office site. She noted that the building is currently approved for office use. Ms. Richardell stated that there will be no changes to the site. Ms. Brown noted that she spoke with the Sanitarian who only needs to verify that a hair trap is installed.
A motion was made by Tom Risom, seconded by Eric Fries and voted unanimously to approve the Site Plan Modification Application, including the Statement of Use, change of use from office to dog grooming, 4 Davis Road West, Elle Richardell, applicant.
Ms. Brown stated she has received a Site Plan/Special Exception Application to construct a 6 foot fence in the front setback, 110 Shore Road, Kevin Braza, applicant. The Public Hearing for this item will be held on June 13, 2005.
14. Miscellaneous/Adjourn
The meeting adjourned at 9:55 p.m. on a motion by Eric Fries and seconded by Tom Risom. So voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
| 
