APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Wednesday, October 12, 2005
The Old Lyme Zoning Commission held a Regular Meeting on Wednesday, October 12, 2005 at 7:30 p.m. in the Auditorium of Memorial Town Hall. Members present were Ted Kiritsis (Chairman), Jane Marsh (Secretary), John Johnson, Steven Ames (Alternate, seated) and Howard Tooker (Alternate, seated). Also present was Ann Brown, Zoning Enforcement Officer.
1. Convene Meeting; announcement of voting alternates.
Chairman Kiritsis called the meeting to order at 7:31 p.m. He noted that both Mr. Ames and Mr. Tooker would be voting members this evening.
2. Site Plan/Special Exception/Coastal Site Plan Application to construct an office building/showroom, 4 Huntley Road, Robert Giannotti, applicant.
Mr. Johnson stated that he would like to defer the vote to have the opportunity to listen to the tapes of the Public Hearing. Ms. Marsh stated that the application is very straight forward. She noted that the two neighbors across the street were present at the last meeting and appeared happy with the proposal. Mr. Tooker agreed and noted that the neighbors felt it would be better than how the property is currently. He indicated that the Commission held the hearing open awaiting a response from the Wetlands Commission.
Mr. Johnson indicated that there should be a required sprinkler system. Mr. Ames disagreed and noted that in times of drought it would be a waste of water. The Commission agreed to encourage the developer to install a sprinkler system. Mr. Tooker indicated that he does not feel this should be a condition of approval.
Mr. Johnson stated that the Commission could act this evening. Mr. Ames noted that the proposed lighting is directed down and would be shut off in the evening as there would be no activity. Ms. Marsh stated that she would like to add a condition regarding the hedge as requested by the neighbors. Ms. Brown noted that the applicant indicated that he would like motion-detector lighting in the rear for security. Ms. Marsh noted that lighting in the rear of the building is not as important because it is not in a residential area.
She noted that the applicant may move the well if there is a problem with the local or State health department regarding the interpretation of the level spreader.
A motion was made by Jane Marsh, seconded by Howard Tooker and voted unanimously to approve the Site Plan/Special Exception/Coastal Site Plan Application to construct an office building/showroom, 4 Huntley Road, Robert Giannotti, applicant, as follows:
Whereas, the Zoning Commission has received applications for a Special Exception with Site Plan, and Coastal Site Plan approvals, plans dated April 19, 2005 with revisions through September 27, 2005, 8 sheets as prepared by Rowley, Hendriks and Associates, and elevation drawings, one sheet, dated 9/8/05;
Whereas, the Zoning Commission has held a duly noticed public hearing on September 12, 2005 and October 12, 2005, and the commission has heard testimony from both citizens of Old Lyme and the applicant; and
Whereas, the proposed use is permitted by Special Exception with Site Plan under the Old Lyme Zoning Regulations, 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:
Six inch curb shall be replaced with Cape Cod curb, as required by the Inland Wetlands and Watercourses Commission;
The area within 75’ of the wetlands shall be allowed to revegetate to its natural state, as required by the Inland Wetlands and Watercourses Commission;
A line 75’ from the wetlands shall be added to the plan.
Trees proposed to be planted in this 75’ area shall be relocated closer to Huntley Road.
An evergreen hedge shall be planted along the northern edge of both the driveway and the parking areato screen the house across the street from headlights.
Outside lights shall be turned off after business hours; motion detector lights on the back of the building are permitted for safety after hours.
Zoning Commission suggests that an irrigation system be installed to water the landscaping at the front of the building.
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:
a. to achieve safety, comfort and convenience;
b. to conserve as much of the natural terrain and provide for vegetation on the site to the extent practical;
c. to be in architectural harmony with the surrounding area;
d. to protect nearby residential and preservation areas;
e. 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
Whereas, the Zoning Commission has submitted a copy of this application to the Office of Long Island Sound Programs of the Department of Environmental Protection for review and comment, the Commission determines that the application and plans as they will be revised are consistent with the goals and policies of the Coastal Management Act;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to Questa Builders and Design, Robert Giannotti, for a Special Exception with Site Plan, and Coastal Site Plan applications, plans dated April 19, 2005 with revisions through September 27, 2005, 8 sheets as prepared by Rowley, Hendriks and Associates, and elevation drawings, one sheet, dated 9/8/05, for property at 4 Huntley Road, Old Lyme, CT, with the modifications specified.
Commissioners Marsh, Tooker and Ames voted on this item.
3. Site Plan/Special Exception Application to construct a walkway from residence to dock, 17 Sandpiper Road, Patricia and Robert Volland, applicants.
Ms. Marsh indicated that all additional requested information was submitted and appears to be adequate. She noted that the letter dated October 12, 2005 from Sloan Danenhower should be incorporated into the approval.
A motion was made by Jane Marsh, seconded by Howard Tooker and voted unanimously to approve the Site Plan/Special Exception Application to construct a walkway from residence to dock, 17 Sandpiper Road, Patricia and Robert Volland, applicants, as follows:
Whereas, the Zoning Commission has received an application for a Special Exception approval to allow construction of a wooden walkway from the residence to the dock within 50’ of a tidal wetland boundary for property of Robert and Patricia Volland at 17 Sandpiper Road, Old Lyme, CT;
Whereas, the Zoning Commission has held a duly noticed public hearing on September 12, 2005 and October 12, 2005, and the Commission has had an opportunity to hear testimony both from citizens of Old Lyme and the applicant; and
Whereas, the proposed use is permitted by Special Exception under the Old Lyme Zoning Regulations, 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 conditions:
1. The electrical installation will include wiring for a receptacle at the end of the dock only (via the walkway). There will be no illumination lighting unless approved by the Commission in the future.
2. According to Item #2 of Tom Metcalf’s letter of August 20, 2005 to the Old Lyme Zoning Commission, the brush clearing limits land ward of the walkway is 3’ to 5’.
3. According to Item #4, use of any machinery (bobcat, backhoe, etc.) other than a power post hole digger, will require a silt fence.
4. Walkway to be in accordance with plan attached to the October 12, 2005 letter from Sloan Danenhower to the Old Lyme Zoning Commission.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 31.3, in particular that the proposed use and structures and site development are designed and arranged as follows:
a. to achieve safety, comfort and convenience;
b. to conserve as much of the natural terrain and provide for vegetation on the site to the extent practical;
c. to be in architectural harmony with the surrounding area;
d. to protect nearby residential and preservation areas;
e. 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 finds that the applicant has demonstrated compliance with the General Standards of Section 32.9.3, in particular that the proposed use, buildings or other structures and site development conform to the standards of this section.
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 for the Special Exception application to construct a wooden walkway from the residence to the dock within 50’ of a tidal wetland boundary for property of Robert and Patricia Volland at 17 Sandpiper Road, Old Lyme, CT, dated this 12th day of October, 2005.
Commissioners Marsh, Tooker and Ames voted on this item.
4. Coastal Site Plan Application to construct a single family residence, 13-15 Caulkins Road, Michael Simone, applicant.
The Public Hearing for this item was continued to the November Regular Meeting.
5. Site Plan/Special Exception Application to construct a six foot fence in the front setback, 40 Mile Creek Road, David Prilipp, applicant.
The Public Hearing for this item was continued to the November Regular Meeting.
6. 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.
The Public Hearing for this item is scheduled for the November 14, 2005 Regular Meeting.
7. 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.
The Public Hearing for this item is scheduled for the November 14, 2005 Regular Meeting.
8. Old Lyme Country Club, informal discussion of Liquor Permit.
Attorney Childress explained that Old Lyme Country Club currently has a BYOB policy and permit and would like to obtain a permit to sell beverages at the club. He noted that this could be done by a Regulation change. Attorney Childress stated that the Country Club is a permitted use in the Zone by Special Exception. He indicated that he questions whether they could apply for an accessory use rather than a Regulation change.
Rick Ermler and Bob Adams were also present. Mr. Ermler explained that the probable use of the liquor license would be that the Club could provide the liquor for an event such as a wedding. He noted that at the current time they cannot. Mr. Ermler stated that if the Club wanted to have a special dinner with wine, they currently are not allowed to do that. Mr. Adams stated that the Club is being rejuvenated at this time and there are many new members. He indicated that they are trying to accommodate these new members.
Mr. Ermler stated that they would like to keep the BYOB option for the members as it is an important aspect for some. Attorney Childress stated that if the liquor permit was to be approved as an accessory use, they would present their intent to the Commission. He indicated that the other option would be to bring a Regulation change that would outline their specific use of the liquor permit. Attorney Childress indicated that he is looking for guidance from the Commission as to the proper approach. Ms. Brown stated that the current Regulations allow, in a residential district, a liquor license in a dining room in a permitted hotel or in a permitted restaurant. She noted that the Country Club has a restaurant.
Ms. Marsh stated that if they can fashion what they would like to do to be in connection with the restaurant, it would be consistent with the current Regulations. She noted that if they would like to branch out and create a bar at the Club, it would have to be a Regulation change.
Attorney Childress stated that if they apply for the liquor permit as an accessory use, he assumes it would be under a Special Exception Permit. The Commission members agreed. Attorney Childress thanked the Commission for their guidance.
9. Special Exception Application for a grocery beer permit, Nicole’s Convenience Store, 19 Halls Road.
Amish Shah, owner of Nicole’s Convenience Store, was present to explain his application. He indicated that he would like to sell beer to his customers as a convenience. Mr. Shah stated that he will not be selling wine or any other liquor. He indicated that his hours of operation are Monday through Friday 6:00 a.m. to 8:00 p.m., Saturday 7:00 a.m. to 8:00 p.m. and Sunday, 7:00 a.m. to 6:00 p.m. Mr. Tooker noted that he could sell until 9:00 p.m.
Mr. Shah stated that he would like to add the sale of beer as a service for his customers.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to receive the Special Exception Application for Nicole’s Convenience Store, Grocery Beer Permit, and to set the Public Hearing for November 14, 2005.
10. Approval of Minutes.
A motion was made by Jane Marsh, seconded by Steve Ames and voted unanimously to approve the minutes of the August 8, 2005 Regular Meeting.
A motion was made by John Johnson, seconded by Jane Marsh and voted unanimously to approve the minutes of the September 26, 2005 Special Meeting.
11. Zoning Enforcement – Zoning Enforcement Report.
The Commission reviewed the Zoning Enforcement Report. Ms. Brown stated that Eric Knapp has been made a partner of the law firm and the firm is now called Branse, Willis and Knapp. She explained that there is a special meeting scheduled for Wednesday, October 19, 2005, to discuss pending litigation in Executive Session. Ms. Brown noted that the Zoning Board of Appeals Members have been invited, along with the Board of Selectmen.
Ms. Brown stated that Christ the King Church has been issued a temporary Certificate of Occupancy. She noted that they have a few small things to complete.
Ms. Brown indicated that the school has had a temporary Certificate of Zoning Compliance for a year. She noted that one of the conditions was that they would produce an as-built by October of 2004. Ms. Brown stated that John Rhodes emailed several people indicating that he had not been notified that an as-built was required. She indicated that she then responded with a history of the approval process. Ms. Brown stated that Mr. Rhodes has indicated that an as-built will be provided.
Mr. Kiritsis questioned whether there are any other outstanding as-built drawings. Ms. Brown stated that she believes they have all been provided.
Ms. Brown stated that there is a Southern New England Planning Association Meeting in November in Newport that she would like to attend. She indicated that it is a two-day program. Ms. Brown stated that the fee is $150.00 for the two days and she does not intend to stay overnight.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to allow Ms. Brown to attend the Southern New England Planning Association Meeting in Newport.
Ms. Brown stated that she read somewhere recently where accessory apartments could be counted toward the Town’s affordable housing. She noted that this would fit into the Zoning Regulations nicely. Ms. Brown noted that the apartments are only income restricted for ten years.
12. Regulation Rewrite – Set Special Meeting.
Ms. Marsh stated that Ms. Brown was asked to have Attorney Branse to draw together everything he has and get it to the Commission in a complete set. Ms. Brown stated that she did not speak to Mr. Branse yet but she will have him do just that. Ms. Marsh asked Ms. Brown to report back at the November meeting when the entire set will be ready.
13. Correspondence
None.
14. Any new or old business to come before Commission.
Chairman Kiritsis noted that Mr. Johnson is now a member. He noted that at the same time, the Commission is shy a Vice Chairman. The Commission agreed to put this item on the November agenda so that they can address this.
15. Miscellaneous/Adjourn
A motion was made by Howard Tooker, seconded by John Johnson and voted unanimously to adjourn at 9:48 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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