APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, June 13, 2005
The Old Lyme Zoning Commission held a Regular Meeting on Monday, June 13, 2005 at 7:30 p.m. in the Auditorium of Memorial Town Hall. Members present were Ted Kiritsis (Chairman), Jane Marsh (Secretary, 7:42 p.m.), Tom Risom (Member), Eric Fries (Vice Chairman, 7:38 p.m.), Joan Bozek (Member), Steven Ames (Alternate), John Johnson (Alternate, 7:38 p.m.) 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 immediately recessed the Regular Meeting to conduct the Public Hearing. The Regular Meeting reconvened at 9:41 p.m.
A motion was made by Jane Marsh, seconded by Tom Risom and voted unanimously to move Item 6 under Regular Meeting up on the agenda.
2. Site Plan Modification Application to add a mechanical building, 96 Lyme Street, Florence Griswold Museum, applicant.
Wade Thomas, Nathan Jacobson and Associates, explained that the original galley addition application of 4,300 square feet was approved September 10, 2000. He noted that the Museum received the Boiler Collection which required the conversion of approximately 950 square feet of art storage to a display. Mr. Thomas explained that they then added a 1,540 square foot storage addition on the southwest corner. He stated that at this time there were many other improvements, such as the entrance drives, a 4,800 gallon per day sewage disposal facility, paved parking and overflow parking.
Mr. Thomas explained that the Museum would like to put in a 400 square foot addition off the back of the Florence Griswold House and approximately 230 square feet for an ADA accessible ramp. He noted that they are also proposing a 15 geothermal well field for heating and cooling purposes. He noted that these wells will be 350 feet deep and in the summer they will put warm water into the ground and in the winter they will take the warm water out. Mr. Thomas noted that the only visible change to the site will be the 400 square foot addition and the ADA ramp.
Fredrick Beibemheimer, Interdesign Limited, stated that the reason for the addition is to move all the mechanical equipment out of the house for safety. He noted that the actual form is very similar to the education center and replicates in volume a carriage shed that used to be on the back of the building.
Mr. Thomas stated that he is asking that the Commission treat this application as a minor addition to the original site plan. He noted that the overall impact to the site is minimal. Ms. Brown stated that she referred the application to Tom Metcalf and his only comment was to change the location of the wells. Mr. Johnson read Mr. Metcalf’s letter for the record. Mr. Thomas stated that the proposal also includes the requirement that a licensed surveyor stake-out the wells to ensure their positions are accurate.
Mr. Risom stated that he agrees the changes are minor in nature, he feels that it sets a precedent that the Commission entertains minor modifications three years after a project is completed. He noted that this would appear to be a new project. Mr. Risom stated that water is being diverted to the DOT storm drain. He questioned where the storm drain drains to. Mr. Thomas stated that he believes it drains to the stream, although he is not positive.
Mr. Beibemheimer pointed out that both the mechanical addition and the front steps were approved by the Historic District Commission. Mr. Thomas noted that the geothermal well field was also. Mr. Risom questioned whether Wetlands has approved the power trench. Mr. Thomas replied that they are currently before the Wetlands Commission and he does not anticipate any problems.
A motion was made by Jane Marsh, seconded by Eric Fries and voted unanimously that the Zoning Commission determined that the Site Plan Modification Application to add a mechanical building, 96 Lyme Street, Florence Griswold Museum, applicant, is a minor modification and should be handled administratively by the Zoning Enforcement Officer.
3. Site Plan Modification Application to add outside picnic tables, 163 Boston Post Road, Anthony Basileo, applicant.
Mr. Fries suggested the following conditions of approval: Limited to 4 tables for use by customers waiting and eating take-out; No serving of food or alcohol to tables; Umbrellas shall not contain any advertising; No additional lighting or outside speakers; and suitable waste receptacle will be provided outside.
A motion was made by Joan Bozek, seconded by Tom Risom and voted unanimously to approve the Site Plan Modification Application to add outside picnic tables, 163 Boston Post Road, Anthony Basileo, applicant, with the following conditions:
1. Limited to 4 tables for use by customers waiting and eating take-out.
2. No serving of food or alcohol to tables.
3. Umbrellas shall not contain any advertising.
4. No additional lighting or outside speakers.
5. Suitable waste receptacle be provided outside.
4. Proposed Amendment to the Old Lyme Zoning Regulations, Schedule B-1, Line 1, Old Lyme Zoning Commission, applicant.
A motion was made by Jane Marsh, seconded by Eric Fries and voted unanimously to adopt the Proposed Amendment to the Old Lyme Zoning Regulations, Schedule B-1, Line 1, Old Lyme Zoning Commission, applicant, effective July 1, 2005.
5. Site Plan/Special Exception Application to construct multi-family housing, 49 Hatchetts Hill Road, Hilltop Development LLC, applicant.
No action taken; Public Hearing still open.
6. Site Plan/Special Exception Application to construct a 6’ fence in the street setback, 110 Shore Road, Kevin Braza, applicant.
No action taken; Public Hearing still open.
7. Site Plan Modification Application to modify fence and landscaping, 40 McCurdy Road, Old Lyme Country Club, applicant.
Mr. Risom stated that he would like to require the applicant to install the additional four sections of fence, with a gate. Ms. Marsh stated that the applicant was clear that the gate was only needed for emergency vehicle access. She noted that Mr. Risom indicated that an emergency vehicle will not go there unless the site is prepared. She questioned why a gate is needed. Ms. Marsh stated that she feels the gate may be used for other purposes. She noted that if it is an emergency access then the area should be prepared accordingly. Mr. Fries stated that he believes it is a service access.
The Commission members agreed that the applicant does not have approval to construct the parking shown on the site plan.
Mr. Tooker stated that he would like to see the stone wall replaced. Ms. Marsh agreed. She noted that she would also like to see the Town property boundary line restored, although because it was not located, the true location is anyone’s guess. Ms. Marsh stated that she would like to see that stone wall replaced as it is a Town boundary of a historic road. Ms. Brown stated that the Country Club can use the old survey done by Tony Hendriks to determine the location of the wall that was removed. Mr. Johnson stated that the landscaping plan will be slowed by the reconstruction of the stone wall. Ms. Marsh indicated that another option would be to install concrete monuments at the corners of the job in the perpendicular wall instead of replacing the stone wall in that section. She suggested that the wall parallel to the side of the road should be reconstructed as there is no proposed landscaping in that area.
The Commission agreed that the fence will be extended approximately 30 feet and a gate for emergency access will be installed. Ms. Marsh stated that she would like to require an as-built that includes all the notes from the original improvements on the map. She also indicated that a note should be added to the plan indicating that the overflow parking shall not be utilized without submission and approval of a final plan.
A motion was made by Jane Marsh, seconded by Tom Risom and voted unanimously to approve the Site Plan Modification Application to modify fence and landscaping, 40 McCurdy Road, Old Lyme Country Club, applicant, with the following conditions:
1. Concrete monuments shall be installed at the two corners where the jog in the stone boundary wall was prior to its removal (as shown on highlighted plan dated 5/13/05, rev. 5/24/05);
2. Approximately 35’ of the north/south low stone wall (highlighted on the plan dated 4/5/04, rev. through 2/8/05), which is the street line boundary of the Country Club property along Johnny Cake Hill Road, must be rebuilt where it was removed; the wall shall be reconstructed to match in height and style the remaining portions of the street line boundary wall in that area of Johnny Cake Hill Road;
3. The wooden fence shall be extended to the north for an additional 30’ +/-, and there shall be a solid wooden gate allowed in this section, to be used for emergency access only;
4. An As-built Plan, which includes the approved improvements and modifications, and which includes all conditions and plan notes, and which includes a note stating that the overflow parking shall not be utilized without submission and approval by the Zoning Commission of a formal plan, shall be presented at the completion of the project, and prior to issuance of the final Certificate of Zoning Compliance.
8. Site Plan/Special Exception Modication Application to create second floor offices at 458 Shore Road, M. Brett Painting, applicant.
Ms. Brown noted that the applicant would like to create offices on the mezzanine, noting that they show additional parking on the site plan which they are requesting not to construct until such time it is determined that the parking is needed. Ms. Brown stated that the Statement of Use indicates that the business will not be changing, i.e., no new employees or activity. She noted that they do not intend to rent out the small building in front where there offices currently are located.
The Commission agreed that to schedule this application for a Public Hearing on July 11, 2005.
9. Approval of Minutes
A motion was made by Tom Risom, seconded by Jane Marsh and voted unanimously to approve the minutes of the May 9, 2005 Regular Meeting and Public Hearing.
A motion was made by Tom Risom, seconded by Eric Fries and voted unanimously to approve the minutes of the May 23, 2005 Special Meeting.
10. ZEO Report
Chairman Kiritsis questioned the status of the two homes on Village Lane which were constructed too high for the Conservation Area. Ms. Brown noted that the builder has applied to the Zoning Board of Appeals for a variance of the height. She noted that the third home was corrected by adding soil around the foundation. Ms. Marsh pointed out that she did not believe that was allowable in the Gateway Zone. Ms. Brown indicated that she would look into that.
11. Regulation Rewrite – Set Special Meeting
The Commission agreed that a Regulation Rewrite Meeting will not be held in June as the Commission is holding a Special Meeting on Monday, June 27, 2005 to conduct the Public Hearing for the Sound View Design District. Chairman Kiritsis noted that this meeting will be held at the Old Lyme Middle School Auditorium.
The Commission agreed that they will discuss a possible Regulation Rewrite Meeting for July at the July Regular Meeting.
Ms. Brown stated that at the last Regulation Rewrite Meeting it was discovered that two-family homes were to be allowed in all the Residential Zones and it was suggested that it be put on this evening’s agenda to determine whether the Commission is in agreement with this or if it was felt that Attorney Branse added it on his own. Mr. Risom stated that a two-family home is the same as multi-family and he does not differentiate. Ms. Marsh agreed and indicated that they should only be allowed in the Multi-Family Zone.
Ms. Brown noted that she would make sure that two-family dwellings are removed from the residential zone, along with Section 11 which gives the standards for the two-family dwellings. Mr. Ames stated that there is a need for two-family homes in Old Lyme. He indicated that eliminating them is creating a single-class town. Ms. Marsh noted that the currently proposed multi-family units are not affordable and will not be creating a new or different class in Old Lyme. She indicated that allow two-family homes only gives a developer more density. Mr. Ames agreed that the proposed multi-family development will not be affordable.
The Commission agreed that developers could propose a zone change for multi-family housing in an appropriate area of Town. The Commission agreed that they were in favor of multi-family housing in the appropriate areas.
12. Correspondence
None.
13. Any new or old business to come before Commission.
Mr. Risom stated that in Block Island, where he works with Zoning, they have a sliding scale on building height based on roof pitch. He indicated that by doing this they have eliminated the high sidewalls and maintaining the steep New England pitch roofs. Mr. Fries suggested that Mr. Risom provide the language of the Regulation to Ms. Brown so that she could forward it to Attorney Branse for review.
Mr. Fries questioned whether Ms. Brown was pursuing the storage of junk at 286 Shore Road. Ms. Brown indicated that she is working on it.
14. 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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