APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF PUBLIC HEARING
Monday, June 13, 2005
The Old Lyme Zoning Commission held its Public Hearing 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.
Chairman Kiritsis called the Public Hearing to order at 7:31 p.m.
1. Site Plan Modification Application to add outside picnic tables, 163 Boston Post Road, Anthony Basileo, applicant.
Anthony Basileo, owner of Illiano’s Restaurant, was present to represent his application. Chairman Kiritsis stated that the Health Department has indicated that no food should be served outside and that the tables should be used only by those waiting to be seated. Ms. Brown stated that the Fire Marshal did not express any concerns about the application.
Mr. Basileo stated that the picnic tables are used for people waiting to be seated inside the restaurant and occasionally people will get a grinder to go and will eat at the outside tables. He noted that they do not serve alcohol outside and do not propose outside food service. Mr. Basileo stated that there are four picnic tables that can accommodate six people per table. He indicated that one evening recently the air conditioning was not working and many people left because they would not serve food or alcohol outside.
Ms. Brown reiterated that the Health Department did not approve food service or eating at the outside tables. Mr. Tooker questioned whether there are umbrellas over the picnic tables and Mr. Basileo responded that there were. Ms. Bozek indicated that she was at the restaurant the night the air conditioning was not working and she heard the restaurant staff tell customers that they were not allowed to serve food or alcohol outside.
Mr. Fries and Mr. Johnson arrived at this time. Chairman Kiritsis reviewed the application for Mr. Fries and Mr. Johnson. Ms. Marsh arrived at this time, 7:42 p.m. Mr. Fries questioned whether there is advertising on the umbrellas. Mr. Basileo replied that there is not.
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 Joan Bozek, seconded by Tom Risom and voted unanimously to close the Public Hearing for the Site Plan Modification Application to add outside picnic tables, 163 Boston Post Road, Anthony Basileo, applicant.
2. Proposed Amendment to the Old Lyme Zoning Regulations, Schedule B-1, Line 1, Old Lyme Zoning Commission, applicant.
Chairman Kiritsis stated that this Public Hearing has been continued from the May Regular Meeting. He noted that it was held open to meet statutory notification requirements. Chairman Kiritsis noted that for the purposes of voting, Ms. Bozek and Mr. Johnson have noted that they would not be eligible to vote as they did not attend the May meeting and have not listened to the tapes. After checking the May minutes, he noted that Mr. Ames would be the voting alternate for this item.
Chairman Kiritsis stated that the intent of this Regulation change is to clarify that multi-family is not permitted in the LI-80 Zone.
No one present spoke in favor of or against the proposed amendment. Hearing no further comments, Chairman Kiritsis asked for a motion to close the Public Hearing.
A motion was made by Eric Fries, seconded by Tom Risom and voted unanimously to close the Public Hearing for the Proposed Amendment to the Old Lyme Zoning Regulations, Schedule B-1, Line 1, Old Lyme Zoning Commission, applicant.
3. Site Plan/Special Exception Application to construct multi-family housing, 49 Hatchetts Hill Road, Hilltop Development, LLC, applicant.
Vice Chairman Fries read the legal notice for the record. Ms. Brown stated that although the hearing was scheduled to be opened this evening, revised plans were submitted this afternoon. She indicated that the plans before the Commission have not been referred. Attorney Michael Cronin, representing the applicant, stated that the revised plans were submitted as a result of the review of the Commission’s engineer. He noted that there were 32 points, some which were small and others that were very technical. Attorney Cronin agreed that it would be appropriate to continue the Public Hearing to the July 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/Special Exception Application to construct multi-family housing, 49 Hatchetts Hill Road, Hilltop Development, LLC, applicant, to the July 11, 2005 Regular Meeting.
4. Site Plan/Special Exception Application to construct a 6’ fence in the street setback, 110 Shore Road, Kevin Braza, applicant..
Vice Chairman Fries read the legal notice for the record. Ms. Brown noted that this is the first application under the new Regulation.
No one was present to represent the applicant. Mr. Fries read the Statement of Use as submitted by the applicant. He noted that the fence has already been constructed.
A motion was made by Tom Risom, seconded by Eric Fries and voted unanimously to continue the Public Hearing for the Site Plan/Special Exception Application to construct a 6’ fence in the street setback, 110 Shore Road, Kevin Braza, applicant, to the July 11, 2005 Regular Meeting.
5. Site Plan Modification Application to modify fence and landscaping, 40 McCurdy Road, Old Lyme Country Club, applicant.
Vice Chairman Fries read the legal notice as published Thursday, June 2 and June 9, 2005 in the New London Day and the exhibit list for the record. Mr. Jeff Flower indicated that he submitted a letter of May 11, 2005 that was not listed as an exhibit. He provided the Commission with another copy of the letter. Ms. Brown stated that she did receive a letter from Mr. Flower, along with a copy of a previous survey done by Tony Hendriks. Mr. Flower’s letter was marked Exhibit I.
Mr. Risom read a letter from Hugh Fiore, Jr., dated June 13, 2005, indicating that he is not currently a member of the country club and is very pleased with the construction. Mr. Fiore notes in his letter that he would like to see the fence extended an additional 32’, along with landscaping to discourage parking along Meetinghouse Lane and Johnny Hill Cake Road. The letter also requests that there be no gate on the fence and that this area is not a back-door maintenance entrance to the pool.
Ms. Marsh read Exhibit G, a letter from Arthur Hurst to Ms. Brown, transmitting the revised site plan.
Vice Chairman Fries read Exhibit I, letter from Jeff Flower dated May 11, 2005 expressing several concerns. The major concerns are that the approved fence appears to be on Town property and the applicant has removed a large amount of stonewall without permits and this wall was also on Town property. He noted that these walls were historic boundary lines in one of the first settled areas of Town. Mr. Flower stated in his letter that these walls were shown on the original site plan to be preserved. The letter also questions the setback of the kiddie pool and the pergola. In his letter Mr. Flower notes that the proposed parking area crosses the entire new septic area, which would not meet health code, as the records in the health department do not indicate the septic was constructed to meet the
requirements of heavy traffic loads. He asks also that the stone walls be replaced and the grades on Town property be restored.
Gary Sharpe, professional engineer, and Sara McCracken, landscape architect, were present to represent the Country Club. Mr. Sharpe presented a more complete site plan as prepared by his office. He noted that this plan was referenced early as an exhibit and has been revised to May 24, 2005.
Mr. Sharpe stated that they have conducted a survey of the property line and find that the property line is as depicted as it goes along Johnny Hill Cake Road. He noted that they have shown the 50’ setback along the frontage of the property and dimensions are shown from the structures to the property line. He noted that the least of the dimensions is 50.86’, so the structures are in compliance with the setback. Mr. Sharpe stated that the pool filter system, located to the north, is shown to be in excess of 56’ from the property line. He indicated that the fencing is also shown on the plan and is not on Town property. Mr. Sharpe presented a photograph taken May 11, 2005 before the fence was constructed and a photograph taken June 13, 2005, and noted that when compared it
demonstrates a dramatic impact on the view in the area. He noted that these photographs were taken at approximately 4’ height, the elevation which a person driving by would be at. Mr. Sharpe stated that the area is very well buffered.
Mr. Sharpe stated that Mr. Fiore would like the fence extended 32’ to the north and he showed this area on the site plan. Mr. Sharpe stated that the buffer already provided is greater than the buffer that was provided by the stone wall that was removed. He indicated that the photographs provided show an existing pole that is shown in all pictures at the same elevation. Mr. Sharpe stated that the grade has not been changed substantially as Mr. Flower suggests.
Mr. Sharpe stated that the parking was demonstrated on the north of the side and it was never their intention to build a parking area, but just to allow overflow parking on the lawn. He indicated that the septic system was not designed for H20 loading, but noted that H20 loading is for large tractor trailers and there is not intent to park large vehicles on the system. Gary Sharpe stated that the reinforced concrete system that was installed is capable of handling the weight of motor vehicles.
Mr. Johnson questioned the height of the stone wall that was removed. Mr. Sharpe replied that his recollection is that it was between 12 and 18 inches high and was very deteriorated. Ms. Marsh stated that the stone wall perpendicular to Johnny Hill Cake Road was also removed. She noted that a portion of the wall was on Town property. Mr. Sharpe noted that they had no intentions of preserving the wall and the grading shown on the plans would indicate that the wall was to be removed. Ms. Marsh stated that she is a little disturbed that what was a historic boundary of an old road has been removed. Mr. Sharpe drew red lines through the portions of walls that have been removed.
Mr. Risom questioned whether there is a gate in the fence in the area mentioned by Mr. Fiore. Mr. Sharpe replied that there is not. He noted that if the fence is extended as requested by Mr. Fiore, it would preclude emergency access.
Sara McCracken, landscape architect, stated that the planting plan has not changed since the one provided at the May meeting. She indicated that until the wading pool construction is complete they will not be installing the landscaping. Ms. McCracken stated that they have completed the shrub plantings between the fence and the wall along Johnny Hill Cake Road, as well as some of the evergreen trees. She marked the planted evergreens on the plan. Ms. McCracken stated that the remaining evergreens will be delivered within the week.
Ms. McCracken submitted panoramic photographs of the site as it exists today. She indicated that there are plantings outside the fence on the last five sections, noting that these are smaller shrubs to soften the fence but intended to not grow over the property line. Mr. Risom questioned the extension of the chain link fence and noted that the fence extension requested by Mr. Fiore would hide the chain link fence.
Ms. Brown stated that the purpose of this meeting was to verify the location of the kiddy pool and to give the applicant the opportunity to show the proposed modifications to the fence and landscaping to make sure it adequately screens the property from the neighbors. Mr. Sharpe stated that for this reason they have provided photographs showing that the area is effectively screened.
Chairman Kiritsis asked for public comment at this time. James Coarse, 13 Meetinghouse Lane, stated that he comes down Meetinghouse several times a day and he feels the landscaping looks great. He indicated that he fully supports the Country Club’s plan.
Margaret O’Shea, 9 Meetinghouse Lane, indicated that she is very happy with the work performed by the Country Club.
Mark Diebolt, 17 Long Acre Lane, indicated that he is in favor of all the work performed and feels it is in harmony with the neighborhood.
Mary Broughton, Johnny Cake Hill Road, stated that she thinks the fencing and shrubbery is very attractive.
Jim McMann, 22 Meetinghouse Lane, stated that he is in favor of the proposal and is in favor of all the work that has been performed.
Jerry Ward, 10 Johnny Cake Hill Road, stated that today there were huge water trucks going up and down Johnny Cake Hill Road. He indicated that he would echo Mr. Fiore’s comments and is concerned about parking along the road. He indicated that he believed the intent was to keep the traffic off Johnny Cake Hill Road, even during the construction. Mr. Johnson stated that the Club is responsible for the parking on Johnny Hill Cake Road. Mr. Tooker stated that he thought construction truck access was supposed to be through the Club, not up Johnny Hill Cake Road.
Jeff Flower stated that the stone wall that was removed that was perpendicular to the street was roughly the same height as the wall that goes along the street. He noted that there was grading done and the biggest change is noticed when one drives up the hill. Mr. Flower submitted photographs to demonstrate the current view. He noted that the stone wall that was removed was at least 3’ in height.
Mr. Flower stated that he too would like to see the fence be continued so that the buffer is extended. He noted that he did not know there was an issue about emergency access until this evening. Chairman Kiritsis suggested that the fence could have an emergency access gate. Mr. Flower stated that he feels the current landscaping could be enhanced.
Mr. Sharpe stated that the Country Club stated at the original Public Hearing that they would not use Johnny Hill Cake Road for construction or for day-to-day traffic. He indicated that they have blocked off that entrance and do not let their members come and go through that area. He noted that there were large trucks there today, but these trucks were delivering water to the pool and this should be a one-time situation.
Mr. Sharpe submitted a photograph taken May 10, 2004, which shows the stone wall as it existed a little over a year ago. He indicated that it was a fallen down pile of rubble. He noted that he is referring to the wall parallel to the street. Mr. Sharpe stated that the Club would be willing to extend the fence an additional 30 feet if the Commission would allow a gate for needed access.
Mr. Risom stated that the maintenance shed and the parking therefore was never really completed and the maintenance men have been parking on the street for years. He noted that there was mention at the Public Hearing to clean that up and make sure that there would be no parking along there. Mr. Sharpe stated that he is not aware of that discussion. Mr. Johnson suggested that Mr. Sharpe bring that information back to the Country Club.
Mr. Coarse stated that construction vehicles have been accessing the site from Johnny Hill Cake Road over the past few weeks, with heavier trucks over the last few days. He noted that prior to the construction he had not noticed cars parking along Johnny Hill Cake Road.
Barbara, Meetinghouse Lane, stated that employees have not been parking outside the maintenance shed as of recent months. She indicated that she would not like to see them go back to parking there. She asked that the proposed gate look just like a section of fence so that it is not obvious.
Rick Ermler, President of Old Lyme Country Club, stated that if it is absolutely necessary to bring the water trucks in through McCurdy Road, they will. He noted that it is a difficult truck to maneuver. He noted that the remainder of the water will be put in by noon tomorrow. Mr. Ermler stated that in terms of refilling the pool, they plan to use an existing well and proposed new well. He stated that he would be willing to continue the same board fence with one removable section to maintain emergency vehicle access.
Hearing no further comments, Chairman Kiritsis asked for a motion to close the Public Hearing.
A motion was made by Joan Bozek, seconded by Eric Fries and voted unanimously to close the Public Hearing for the Site Plan/Modification Application to relocate fence and add landscaping, 40 McCurdy Road, Old Lyme Country Club, applicant.
A motion was made by Eric Fries, seconded by Tom Risom and voted unanimously to adjourn the Public Hearing at 9:40 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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