APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF PUBLIC HEARING
Monday, May 9, 2005
The Old Lyme Zoning Commission held its Public Hearing 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.
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.
Ms. Marsh noted the exhibits that have been received since the Public Hearing in April. She noted that the Wetlands Permit was issued with the condition that if the underground pipe that carries water through the property is damaged, an application for the remediation must be submitted to the Wetlands Commission. Ms. Brown indicated that she spoke with Mr. Rose who indicated that the septic design has been submitted and approved.
Ms. Brown noted that the applicant was asked to propose covenants to the deeds of both properties because the parking for the community center would be on another lot. She indicated that they were also asked for a drainage easement for the existing pipe, as there is no easement to the Town for that currently. Ms. Brown stated that these items could be a condition of approval.
Mr. Tooker arrived at this time. Chairman Kiritsis indicated that he would be a voting alternate.
Dennis Cambria was present to represent the applicant. He indicated that he believes he has responded to all outstanding issues from the April Public Hearing. Mr. Cambria submitted the latest site plan, revised through May 9, 2005, which was marked as Exhibit P. Mr. Cambria explained that the White Sand Beach Association would like to remove their existing community center and replace it with a new structure. He noted that there are wetlands across the street from the property. Mr. Cambria stated that the Wetlands Commission has approved this project. He noted that the septic system has been approved by the Sanitarian. Mr. Cambria stated that the community center is used seasonally, only by the members of the Association. He explained that it is not rented out. Mr. Cambria stated the proposed septic system will handle 150 people.
Mr. Cambria stated that the revised site plan shows fencing and proposed landscaping. He noted that there will be a temporary construction entrance on Meriden Road. Mr. Cambria stated that there is a ramp shown on the site and building plans. He explained that there was a concern about the drainage pipe draining to the wetlands. Mr. Cambria noted that the pipe has existed for 50 to 60 years without an easement. He indicated that the Association’s attorney spoke with Attorney Branse who agreed that the right-to-drain is easily established. Mr. Cambria stated that they requested an exception to the parking requirements because the community center is used for neighborhood functions and most people will not drive. He indicated that members may use the center for their personal
use, although in the 30 something years of existence the parking has occurred in the field. Mr. Cambria stated that White Sand Beach is a gated community and parking is not permitted on the streets.
Mr. Cambria stated that the new site plan shows 38 spaces with an entrance off of Meriden Road. He noted that there will be no access off of Old Shore Road. Mr. Cambria stated that DEP suggested that no drainage or roof water be allowed into the existing drain pipe. He noted that they will not be adding any additional water to the existing pipe. Mr. Cambria stated that there will not be a sign and the only exterior lighting will be under the covered porch and covered entranceway. John James, representing the applicant, noted that he was not able to get specs for the lights. He noted that the fixture is approximately 12” x 12”, 8.5” deep.
No one present spoke in favor of or against the application. Hearing no further comments, Chairman Kiritsis asked for a motion to close the Public Hearing.
A motion was made by Eric Fries, seconded by Jane Marsh and voted unanimously to close the Public Hearing for the Site Plan/Special Exception Application to construct a community center, 39-41 Old Shore Road, White Sand Beach Association, applicant.
2. 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.
Ms. Marsh read the legal ad and the list of Exhibits for the record. Mr. Risom arrived at this time and Mr. Ames was no longer seated.
Chairman Kiritsis questioned whether Ms. Brown referred the application to the Economic Development Commission. She replied that she had and has not had a response.
Attorney Cronin was present to represent the applicant. Responding to Attorney Branse’s comments, he noted that Hilltop Development LLC is the contract purchaser with regard to this property and there is a legal relationship sufficient to support the filing of this application. He indicated that he has a petition for amendment, signed by David Bravero, duly authorized agent of Hilltop Development LLC. This amendment was marked Exhibit H. Mark Diebolt, owner of the property, stated that he duly authorizes Hilltop Development to file the current application.
Attorney Cronin stated that they would like to change the zone of this 20.6 acre parcel off of Hatchetts Hill Road. He explained the bounds of the parcel for the Commission. Attorney Cronin stated that the proposal for the property is a pending application. He noted that this plan shows an access road through the area which is now LI-80S and then continuing along the ridge. Attorney Cronin stated that this roadway would be private and maintained by the association. He indicated that this road would have to be constructed according to Town road requirements. Attorney Cronin noted that there will be 8 buildings for a total of 16 units. He indicated that each unit has approximately 2,900 square feet of living area with two bedrooms. Attorney Cronin stated that the applicant
considers this an appropriate use for this parcel, as the parcel has many technical problems in being developed under the LI-80, LI-80S Regulations.
Attorney Cronin stated that there was discussion on how this development fit in the LI-80 and LI-80S Zones and whether access could be made through the LI-80S zone for a use permitted in the LI-80 Zone. He indicated that there was question as to whether the Commission intended to allow multi-family housing in the LI-80 zone. He explained that at the suggestion of the Commission they filed this application for a zone change which would specifically allow this use for this particular property.
Attorney Cronin explained the history of the property. He indicated that at the request of the Chairman, they have placed stakes along the roadway to show that the necessary sight line is achievable. Attorney Cronin stated that one industrial building would generate at least 3 times the amount of traffic as the 16 homes. He noted that this particular proposal is the least intense use for this particular parcel. Gary Sharpe submitted a plan that shows the sight lines for the record. Mr. Sharpe explained that his firm created a plan in the early 1980’s for a 200,000 square foot building on a very small part of this property. He stated that he has prepared a plan entitled “Site Line Demonstration Plan, the Ridge at Old Lyme, Hilltop Development,” dated April 11, 2005. This plan was marked Exhibit I. Mr. Sharpe stated that this plan demonstrates, in conformance with CT DOT standards, that the sight line toward the east is 600 feet. He explained that with grading they can
achieve a 400 foot sight line toward the west. Mr. Sharpe stated that Wade Thomas indicates in his review letter that the necessary sight line has been achieved. Attorney Cronin stated that the Wetlands Commission has approved the application for development. He noted that six or seven acres will be put under a Conservation Easement so that there will never be use of that land.
Attorney Cronin stated that the most recent Master Plan of Development, adopted in 2000, has a future land use map which was submitted for the record and marked Exhibit L. He noted that this plan does not pick up the 1988 zone change for this parcel. He stated that the area along the roadway is shown as light industrial but the land to the back is entirely in an area which the Master Plan designates medium density residential development. Attorney Cronin reiterated that this map was adopted after the zone change was approved. He indicated that the zone change proposed is in accordance with the Master Plan of Development.
Chairman Kiritsis questioned whether surrounding property owners have been notified of the proposed zone change. Ms. Brown noted that there is a list, but the owners are not notified. Mr. Risom questioned the power easement. Mr. Diebolt stated that he has a signed letter from CL&P indicating that it will be relocated to Four Mile River Road because they are redundant, 50 year old lines.
No one present spoke in favor of or against the proposed zone change. Hearing no further comments, Chairman Kiritsis asked for a motion to close the Public Hearing.
A motion was made by Jane Marsh, seconded by Eric Fries and voted unanimously to close the Public Hearing for 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.
A motion was made by Tom Risom, seconded by Eric Fries and voted unanimously to move Item 5 up on the Public Hearing agenda.
3. Site Plan Modification Application to add outside picnic tables, 163 Boston Post Road, Anthony Basileo, applicant.
Chairman Kiritsis noted that the legal notice has been read. Because the applicant was not present, Chairman Kiritsis asked for a motion to continue the Public Hearing to the June 13, 2005 Regular Meeting.
A motion was made by Tom Risom, seconded by Eric Fries and voted unanimously to continue the Public Hearing for the Site Plan Modification Application to add outside picnic tables, 163 Boston Post Road, Anthony Basileo, applicant, to the June 13, 2005 Regular Meeting.
4. Proposed Amendment to the Old Lyme Zoning Regulations, Section 7.4.6, Fences, Walls and Terraces, Old Lyme Zoning Commission, applicant.
Chairman Kiritsis noted that the legal notice has been read. Ms. Marsh read the list of exhibits for the record. She then read the referral responses.
No one present spoke in favor of or against the application.
A motion was made by Jane Marsh, seconded by Tom Risom and voted unanimously to close the public hearing for the Proposed Amendment to the Old Lyme Zoning Regulations, Section 7.4.6, Fences, Walls and Terraces, Old Lyme Zoning Commission, applicant.
5. Proposed Amendment to the Old Lyme Zoning Regulations, Schedule B-1, Line 1, Old Lyme Zoning Commission, applicant.
Ms. Marsh noted that the legal notice had been read. Ms. Brown noted that the Public Hearing should be left open to accommodate the 35-day referral requirement. Ms. Marsh read the exhibit list for the record, specifically reading the individual referral responses. She noted that there has been no response from Planning and asked that each individual Commissioner be sent a copy of Attorney Branse’s letter, as it is quite long.
Chairman Kiritsis noted that the proposed amendment is to clarify the Commission’s position that multi-family uses are not allowed in the light industrial zones.
No one present spoke in favor of or against the application. Hearing no further comments, Chairman Kiritsis noted that the Public Hearing would be continued to the June Regular Meeting.
A motion was made by Eric Fries, seconded by Tom Risom and voted unanimously to adjourn the Public Hearing.
The Public Hearing adjourned at 8:40 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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