APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF PUBLIC HEARING
Monday, November 14, 2005
The Old Lyme Zoning Commission held its Public Hearing on Monday, November 14, 2005 at 7:30 p.m. in the Auditorium of Memorial Town Hall. Members present were Ted Kiristsis (Chairman), Jane Marsh (Secretary), John Johnson, Joan Bozek, Steven Ames (Alternate - seated), Brian Kyle (Alternate) and Howard Tooker (Alternate - seated). Also present was Ann Brown, Zoning Enforcement Officer.
Chairman Kiritsis called the Public Hearing to order at 7:32 p.m. He noted that the Public Hearing for the Site Plan/Special Exception Application for a grocery beer permit, Nicole’s Convenience Store, 19 Halls Road, was omitted from the Public Hearing portion of the agenda.
A motion was made by John Johnson, seconded by Joan Bozek and voted unanimously to amend the agenda to add, between Items #2 and #3, the Site Plan/Special Exception Application for a grocery beer permit, 19 Halls Road, Nicole’s Convenience Store, applicant.
1. Coastal Site Plan Application to construct a single-family residence, 13-15 Caulkins Road, Michael Simone, applicant.
Chairman Kiritsis noted that the Public Hearing has been continued from the October Regular Meeting. He indicated that Exhibit F is a letter from Angus McDonald/Gary Sharpe and Associates in response to a question regarding the quantity of material that would be imported to the site. Chairman Kiritsis stated that the letter indicates that 346 cubic yards of material will be imported. He noted that Exhibit G is a letter from Ann Brown to Attorney Knapp questioning whether the configuring of two non-conforming lots in an R-10 Zone, to create one conforming lot, would be considered the creation of a new lot and therefore would require a minimum of 30,000 square feet. Chairman Kiritsis read Exhibit H, Attorney Knapp’s response, suggesting that a condition of approval be that
the applicant record a specific document stating that the lots are being merged for all purposes.
Jane Marsh arrived at this time (7:42 p.m.).
Gary Sharpe stated that the two outstanding items from the October Hearing have been answered.
No one present spoke in favor or against the application. Hearing no further comments, Chairman Kiritsis asked for a motion to close the Public Hearing.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to close the Public Hearing for the Coastal Site Plan Application to construct a single-family residence, 13-15 Caulkins Road, Michael Simone, applicant.
2. Site Plan/Special Exception Application to construct a six foot fence in the front setback, 40 Mile Creek Road, David Prilipp, applicant.
Chairman Kiritsis read the legal ad as published in the Main Street News September 30 and October 6, 2005. He noted that this Public Hearing was not conducted last month, as the applicant was not able to attend. Chairman Kiritsis read the Exhibit List for the record.
David Prilipp, applicant, was present to explain his application. He indicated that due to traffic on the road, headlights and noise, he installed a 6’ fence along Mile Creek Road. Chairman Kiritsis questioned the location of the fence relative to the property line. Mr. Prilipp stated that the fence is 12’ in from the side of the road, along the boundary line of the property.
Mr. Prilipp stated that there are letters of support from his neighbors in the file. He noted that prior to this hearing, he was before the Zoning Board of Appeals for a variance. Mr. Prilipp stated that he was responsible for the installation of the fence and he was not aware there were Regulations that prohibited a six-foot fence in the front setback.
Mr. Tooker stated that he passes this property often and has noticed the fence. He indicated that the fence is five feet high with one foot of lattice at the top. Mr. Tooker indicated that the fence is not solid.
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 John Johnson and voted unanimously to close the Public Hearing for the Site Plan/Special Exception Application to construct a six-foot fence in the front setback, 40 Mile Creek Road, David Prilipp, applicant.
3. Site Plan/Special Exception Application for a grocery beer permit, 19 Halls Road, Nicole’s Convenience Store, applicant.
Chairman Kiritsis read the legal ad as published in the Main Street News. He also read the Exhibit List for the record. Chairman Kiritsis stated that the site is part of the Old Lyme Shopping Center which houses both retail and office establishments. He noted that Nicole’s Convenience Store sells small grocery, sundry and take-out items. Chairman Kiritsis stated that the permit sought is a grocery beer permit, which must be approved by the State of Connecticut Liquor Commission. He noted that the Statement of Use indicates that the sale of beer is a service for current customers so will not increase the traffic.
Amish Shah, owner of Nicole’s Convenience Store, was present to explain his application. He noted that the hours of operation are 6:00 a.m. to 8:00 p.m. Monday through Friday, 7:00 a.m. to 8:00 p.m. on Saturdays and 7:00 a.m. to 6:00 p.m. Sundays. He explained that he is seeking a permit to sell beer from 8:00 a.m. to 8:00 p.m., Monday through Saturday. Mr. Shah stated that the beer will be covered on Sundays.
No one present spoke in favor or against the application. Hearing no further comments, Chairman Kiritsis asked for a motion to adjourn.
A motion was made by John Johnson, seconded by Joan Bozek and voted unanimously to close the Public Hearing for the Site Plan/Special Exception Application for a grocery beer permit, 19 Halls Road, Nicole’s Convenience Store, applicant.
4. Site Plan/Special Exception/Coastal Site Plan Application to construct three multi-family/commercial buildings, 58-62 Hartford Avenue, 58-62 Hartford Avenue LLC, applicant.
Ms. Marsh read the legal ad as published in the Main Street News November 3 and November 10, 2005. She read the Exhibit List and the exhibits for the record.
Chairman Kiritsis noted that the applicant is not present. He explained that the applicant has been notified of all the referral responses and was notified of the hearing. Attorney Branse stated that the Commission can either continue the Public Hearing or can deny the application and give the applicant the opportunity to come back with another application. He recommended that the Commission deny the application. Ms. Bozek stated that the application could be denied without prejudice so that the applicant has the opportunity to come back before the Commission with a complete application. It was noted that an affordability plan was not provided as required by Statute, no septic information was submitted per requirement of the Health Code and the required findings cannot be made.
A motion was made by Joan Bozek and seconded by John Johnson to deny without prejudice the Site Plan/Special Exception/Coastal Site Plan Application to construct three multi-family/commercial buildings, 58-62 Hartford Avenue, 58-62 Hartford Avenue LLC, applicant, because an affordability plan was not provided as required by Statute, no septic information was submitted per requirement of the Health Code and the required findings cannot be made and because the applicant was not present to answer any questions; so voted unanimously.
5. Site Plan/Special Exception/Coastal Site Plan Application to construct three multi-family/commercial buildings, 48-54 Hartford Avenue, 48-54 Hartford Avenue LLC, applicant.
A motion was made by Joan Bozek, seconded by John Johnson and voted unanimously to amend the agenda to correct the proper applicant being 48-54 Hartford Avenue LLC.
Chairman Kiritsis noted that the legal ad had the proper applicant name.
Ms. Marsh read the list of exhibits for the record. She noted that the Exhibit list is the same as the previous public hearing. Chairman Kiritsis noted that the applicant is not present.
Harry Plout, Chairman of Old Colony Beach Club Association, questioned what was considered affordable housing. Attorney Knapp explained that the applicant should have submitted an affordability plan which would demonstrate price points that the applicant felt he would be selling the housing for and lacking that information, the question cannot be answered. Mr. Plout indicated that he understands that the Commission is denying the application because it is incomplete. He questioned whether this denial would impact items 5 and 6 on the agenda. Attorney Knapp stated they would take action on those items as they get to them on the agenda.
A motion was made by Joan Bozek and seconded by John Johnson to deny without prejudice the Site Plan/Special Exception/Coastal Site Plan Application to construct three multi-family/commercial buildings, 48-54 Hartford Avenue, 48-54 Hartford Avenue LLC, applicant, because an affordability plan was not provided as required by Statute, no septic information was submitted per requirement of the Health Code and the required findings cannot be made and because the applicant was not present to answer any questions; so voted unanimously.
6. Petition to amend the Old Lyme Zoning Regulations: Schedules A-2 and C-2, 21.3.2, 21.3.7, 21.3.8, 21.3.9, 21.3.10 and 37.5.2b.
7. Petition to amend the Old Lyme Zoning Regulations: Section 37.5.2b and Schedule C-2.
Ms. Marsh noted the legal ad as published in the Main Street News on November 3 and November 10, 2005. She then read the proposal (48-54 Hartford Avenue LLC) for the record.
A motion was made by Joan Bozek and seconded by John Johnson and to combine the Public Hearings of both Items 6 and 7.
Ms. Bozek withdrew her motion.
Ms. Marsh read the proposal (58-62 Hartford Avenue LLC) for the record.
Attorney Knapp explained that the Regulation language does not have to be changed for an affordable housing application. He indicated that the case law is very clear on this matter. Attorney Knapp stated that the Commission can approve affordable housing that is in violation of the Regulations. He noted that it does not have to be looked at in conjunction with the affordable housing application.
Mr. Johnson stated that he objects to the way the application has been presented. He indicated that he does not even have a copy of the proposal, although it was read.
Joan Beyer, Old Colony Beach summer resident, stated that some people asked for the Regulations and were not provided with them. She indicated that the changes appear to allow overuse of the land, noting that the setbacks are reduced drastically. She noted that the coverage is also very high. Ms. Brown stated that copies of the zone change have been available at the Town Clerks Office for at least one month.
Robert Pullizano, Hartford Avenue, stated that the changes should be made.
Ms. Marsh stated that a lot of time was spent on revising the current Regulations, which were just recently adopted. She indicated that she is not ready to make more changes at this time, especially without explanation as to the reasoning for the proposed amendment.
Michael DeStephano, Old Lyme, questioned the terminology “affordable housing.” Attorney Knapp noted that this is not applicable to the discussion. He stated that the definition of affordable housing is Statutorily provided.
Chairman Kiritsis questioned whether there are any comments on agenda Item #6. Hearing no further comments, Chairman Kiritsis asked for a motion to close these two Public Hearings.
Ms. Bozek agreed with Ms. Marsh’s comments. She indicated that it is difficult to approve an amendment without explanation from the applicant.
A motion was made by Joan Bozek, seconded by John Johnson to close the Public Hearings for the Petition to Amend the Old Lyme Zoning Regulations: Schedules
A-2 and C-2, 21.3.2, 21.3.7, 21.3.8, 21.3.9, 21.3.10 and 37.5.2b and the Petition to Amend the Old Lyme Zoning Regulations: Section 37.5.2b and Schedule C-2; so voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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