APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, December 12, 2005
The Old Lyme Zoning Commission held a Regular Meeting on Monday, December 12, 2005 at 7:30 p.m. in the Auditorium of Memorial Town Hall. Members present were Ted Kiritsis (Chairman), Jane Marsh (Secretary), Jane Cable, Tom Risom, John Johnson, Brian Kyle (Alternate), Steven Ames (Alternate) 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 7:31 p.m. He immediately recessed the Regular Meeting to conduct the Public Hearing. Chairman Kiritsis reconvened the Regular Meeting at 8:46 p.m.
2. Site Plan/Special Exception Application to construct a dock, 33 Neck Road, Blair and Caroline Hoxby, applicants.
Chairman Kiritsis noted that the Public Hearing for this item will be held on January 9, 2006.
Chairman Kiritsis noted that agenda items #5, #6, & #7 have either been tabled or eliminated.
A motion was made by John Johnson, seconded by Tom Risom and voted unanimously to eliminate Agenda Items #5 and #6, and to carry Agenda Item #7 to the January agenda.
3. Site Plan/Special Exception Application to construct a dock, 31 Smith Neck Road, Thomas and Janet Bagg, applicants.
Mr. Risom questioned whether an applicant needs to come back to the Zoning Commission if they decide to add utilities to their dock project. Ms. Brown stated that they would need a Zoning Permit to add utilities and the question would be whether the Commission would like to review it as a modification to the Site Plan or whether the Commission feels it is administrative. Mr. Johnson stated that he believes the Commission should review lighting, but not necessarily just the addition of electricity. Ms. Cable indicated that a condition of approval could be that a Zoning Permit be applied for if water or electric service is added to the dock.
A motion was made by Tom Risom, seconded by Jane Cable and voted unanimously to approve the Site Plan/Special Exception Application to construct a dock, 31 Smith Neck Road, Thomas and Janet Bagg, applicants, as follows:
Whereas, the Zoning Commission has received applications for Site Plan/Special Exception approval, one sheet titled, “Site Development Plan, Showing proposed improvements prepared for Thomas & Janet Bagg, Smith Neck Road, Old Lyme, Connecticut”, as prepared by Angus McDonald/Gary Sharpe & Associates, Inc., dated 2/10/05;
Whereas, the Zoning Commission has held a duly noticed public hearing on December 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 under the Old Lyme Zoning Regulations section 7.4.7, 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:
1. If electricity, lights or water are to be included, further Zoning approval will be required.
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; 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
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to Thomas and Janet Bagg for the Site Plan/Special Exception application for property at 31 Smith Neck Road, Old Lyme, CT, with the modifications specified.
4. Site Plan/Special Exception Application for the reconfiguration of Cherrystone’s parking lot, 218 Shore Road, 100 Acres, LLC, applicant.
Ms. Marsh stated that she feels that this is the Commission’s only opportunity to establish a setback for the parking. She noted that once the new property line is drawn, the current use needs to conform to the Regulations. Ms. Marsh stated that the applicant appears willing to show this buffer and provide landscaping in this area in the future. She stated that she would like to see these notes added to the plan. The Commission members agreed.
A motion was made by Jane Marsh, seconded by Tom Risom and voted unanimously to approve the Site Plan/Special Exception Application for the reconfiguration of Cherrystone’s parking lot, 218 Shore Road, 100 Acres, LLC, applicant, as follows:
Whereas, the Zoning Commission has received an application for Site Plan/Special Exception approval, to modify the parking which is required to be constructed, one sheet titled, “Conceptual Site Plan (Special Exception) Cherrystones Restaurant, 218 Shore Road, Old Lyme Connecticut”, as prepared by Indigo Land Design, LLC, dated 11/1/05, three sheets titled, “Record Subdivision Map, Land Now or Formerly of 100 Acres, LLC, 218 Shore Road (CT. RT. 156), Old Lyme Connecticut”, as prepared by Indigo Land Design, LLC, dated 8/26/05 with revisions through 11/2/05, and one sheet titled, “Restaurant Parking Sketch Plan, Cherrystones Restaurant, 218 Shore Road (Conn. Route 156), Old Lyme Connecticut”, as prepared by Indigo Land Design, LLC, dated
12/1/05;
Whereas, the Zoning Commission has held a duly noticed public hearing on December 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 under the Old Lyme Zoning Regulations section 41.8.1, the Commission finds that the applicant has provided sufficient evidence to demonstrate that:
a. The spaces provided on the plan are sufficient to accommodate the vehicles of the people using or visiting the particular use or occupancy at the site;
b. There is sufficient area on the site to construct the full number of required parking spaces;
c. The Special Exception is applicable only to the use or occupancy of the land, buildings or other structures specified in the application; and the Special Exception and Certificate of Zoning Compliance issued shall become null and void in the event that such use or occupancy is changed to another use or occupancy;
with the following modifications required to be added to the final plan:
1. At any time in the future, should the Zoning Commission conclude that the existing parking is not adequate for the level of use or occupancy at this property, the owner of this property is required and agrees to submit appropriate plans to the Zoning Commission for evaluation and approval for the construction of additional parking spaces;
2. Should the owner of this property choose to construct the parking which has been modified by this approval, a formal development application must be submitted to the Zoning Commission for approval, including the information required by Tom Metcalf;
3. Any change in use or occupancy proposed at this location shall require an application to and approval by the Old Lyme Zoning Commission;
4. The plan will be modified to show a 12’ buffer along the southern portion of the easterly boundary, which will be appropriately landscaped when Parcel “B” is developed.
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
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to 100 Acres, LLC, for Site Plan/Special Exception approval, to modify the parking at 218 Shore Road, Old Lyme, CT, with the conditions listed.
5. Site Plan/Special Exception Application to allow the sale of alcoholic beverages, 40 McCurdy Road, Old Lyme Country Club, Inc., applicant.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to approve the Site Plan/Special Exception Application to allow the sale of alcoholic beverages, 40 McCurdy Road, Old Lyme Country Club, Inc., applicant, as follows:
Whereas, the Zoning Commission has received an application for Site Plan/Special Exception approval to allow sale of alcoholic beverages, pursuant to a “Non-profit Club Permit” to be issued by the Connecticut Liquor Control Commission.
Whereas, the Zoning Commission has held a duly noticed public hearing on December 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 under the Old Lyme Zoning Regulations section 45, 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 sale of alcoholic beverages shall be as an accessory to the principal use on the property, which is a private country club;
2. The sale of alcoholic beverages shall conform to the conditions which are detailed in the Statement of Use submitted as part of this application;
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 protect nearby residential and preservation areas;
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 to the Old Lyme Country Club for Site Plan/Special Exception application to allow sale of alcoholic beverages as an accessory use of the private country club, pursuant to a “Non-profit Club Permit” to be issued by the Connecticut Liquor Control Commission, for property at 40 McCurdy Road, Old Lyme, CT, with the conditions specified.
6. Zoning Meeting Requirements.
Chairman Kiritsis stated that he put together some items that he would like to discuss with the Commission members. He noted that he came up with this list after the November meeting, which seemed very disjointed. Chairman Kiritsis stated that the first item would be to determine at the Hearing whether all referral responses have been received, and if a critical referral response has not been received, then the Hearing item should be rescheduled. He noted that he is trying to avoid wasting the Commission’s time, and in the case of Commission legal representation being present, wasting Town money.
Ms. Marsh noted that it could prove dangerous to not open Public Hearings as some items may become automatically approved. She noted that Ms. Brown can point out critical items that have not been received so that the Commission can at that point make a decision. She indicated that it is difficult to be black and white in these situations.
The Commission discussed insufficient plans and the amount of review time required by the Commission’s engineer to review. Chairman Kiritsis stated that Item 2 of his proposal would set a time limit on Mr. Metcalf’s review before the plans are automatically returned to the applicant for completion. Ms. Cable agreed that it might be prudent to set a limit on the engineering review. Chairman Kiritsis asked Ms. Brown to survey surrounding towns to see what they are charging for this type of review. Ms. Brown stated that there is a fee ordinance in place that allows the applicant to pay for the Town’s evaluation of plans. She indicated that she would require each applicant to sign an agreement indicating that they will pay for excessive engineering reviews. Ms. Cable
suggested that there may be a calculable figure that can be used that is fair and is presented up front to the applicant. Mr. Tooker suggested asking Jeff Flower for some suggestions for the SVVD architectural reviews and Tom Metcalf for suggestions for the engineering reviews. Ms. Marsh agreed and indicated that it will be much easier to collect the monies up front from the applicants. Ms. Brown pointed out that the site plan engineering review costs are very individual to the parcel of property and to the quality of plans that have been submitted. Ms. Marsh questioned whether Ms. Brown could determine up front the quality of the plan submitted. She indicated that she can not always determine that. She noted that the Wetlands Commission has an application for a shared driveway going up a steep hill. Ms. Brown noted that it has cost many thousands of dollars to evaluate this plan, yet it would not have cost that much had the plan been
designed well the first time. She indicated that much of the problems were engineering and she could not have determined those deficiencies.
Chairman Kiritsis stated that Item #4 refers to the persons who are not on the agenda, yet show up and ask to be added.
Chairman Kiritsis stated that Item #5 suggests that the referrals be sent to the individual Commission members. Mr. Risom and Ms. Cable stated that they are willing to come to the Town Hall to review the files. Mr. Johnson stated that he would like each Commission member to get a file with copies of the referral letters that can be picked up. Ms. Marsh suggested that all the referrals be sent to Mr. Johnson as he appears to be the only one who would like them sent to him. Mr. Tooker noted that all the Commission members received a packet of information this evening, but Mr. Johnson was a few minutes late and did not receive one.
Ms. Marsh stated that the Exhibit List is the key item and it is very difficult to conduct the Public Hearing without one.
Ms. Marsh stated that Ms. Bartlett emails her the minutes and can email them to anyone who would like them in advance. She suggested that anyone interested in receiving them should give Ms. Bartlett their email address.
Chairman Kiritsis stated that he would like to receive Wetlands and Planning minutes.
A motion was made by Tom Risom, seconded by Jane Cable and voted unanimously to amend the agenda to allow Ted Crosby to address the Zoning Commission regarding Storm Water Ordinance and GIS System for the Town.
Mr. Crosby questioned whether the Commission was at a point in their Regulation Rewrite where they would entertain an Ordinance for Storm Water, which is a mandate from the State and needs to be passed this year. Mr. Risom explained that the State is mandating that Storm Water Run-off be made part of the Zoning Regulations. He indicated that he would like to hold off in the hope that the new Regulations could be drafted before new pieces are edited in. Mr. Crosby noted that it would essentially underpin what already exists. Ms. Brown questioned whether it is the Town’s intention to have it be an Ordinance, a Zoning Ordinance or a Wetlands Ordinance. Mr. Crosby noted that it will be a Town Ordinance. Ms. Brown stated that it then would not be something that the Zoning Commission
needs to incorporate into their Regulations. Mr. Johnson suggested discussing it with Attorney Knapp to determine whether it would need to be incorporated into the Zoning Regulations.
Ms. Marsh stated that if it is a Town Ordinance, it must be determined who will enforce the Ordinance.
Mr. Crosby stated that he was informed this afternoon that the GIS Parcel Map is prepared with the Zoning layer and will be coming to Town on December 23, 2005, at 9:30 a.m. He invited the Commission Members to participate in this presentation. Ms. Marsh questioned how often the GIS Maps are updated. Mr. Crosby stated that the information that they are currently using in their database is the latest. He indicated that he believes it is updated quarterly, with some revisions as needed, such as Zoning. Mr. Crosby stated that the website will be used by Town Hall employees only until they determine their liabilities.
Chairman Kiritsis thanked Mr. Crosby for this updated information.
6. Informal Discussion, Land of Diebolt and Diebolt, Hatchetts Hill Road.
This item was eliminated from the agenda by request of the applicant.
7. Informal Discussion, Bee and Thistle.
This item was eliminated from the agenda by request of the applicant.
8. Applications for Site Plan/Special Exception/Coastal Site Plan, 48-54 Hartford Avenue and 58-62 Hartford Avenue.
This item will be carried to the January, 2006 agenda.
9. 2006 Meeting Schedule
A motion was made by John Johnson, seconded by Jane Cable and voted unanimously to accept the amended 2006 Meeting Schedule.
10. Fee Schedule – Discussion of Engineering and Architectural Fees.
Chairman Kiritsis noted that this item was addressed in earlier discussions.
11. Approval of Minutes.
A motion was made by John Johnson, seconded by Jane Marsh and voted unanimously to approve the minutes of the November 14, 2005 Regular Meeting and Public Hearing.
12. Zoning Enforcement – Zoning Enforcement Report.
Ms. Brown distributed the Zoning Enforcement Report. Mr. Risom stated that the light fixtures at the gas station at 147 Boston Post Road resemble Yankee Stadium. Ms. Brown stated that she has spoken to Mr. Graybill about the lights and will send him a notice also.
13. Regulation Rewrite – Set Special Meeting.
Chairman Kiritsis asked Ms. Brown whether she has an update from Attorney Branse. Ms. Brown stated that Attorney Branse has indicated that he believes he can have the latest changes incorporated for a January Regulation Rewrite Meeting.
A motion was made by Jane Marsh, seconded by Jane Cable and voted unanimously to add Election of Officers to the February agenda.
14. Correspondence
None.
15. Any new or old business to come before Commission.
Chairman Kiritsis stated that he will be out of Town for the January Meeting. He noted that in the event that the applicant for Hartford Avenue appears before the Commission, he would like to be sure that it is made clear that the items that were deficient should be submitted.
Ms. Marsh stated that there are three new applications, as follows: 1) Modified Site Plan Application, Christ the King Church, requesting to leave overflow parking as constructed and small drainage changes; 2) Zoning Regulation Amendment to convert nonresidential buildings to apartments; 3) Zoning Map Change, Hatchetts Hill Road from LI-80S and RU-80 to MFRU-80. Chairman Kiritsis suggested that the Economic Development Commission be added to the referrals for this particular application.
17. Miscellaneous/Adjourn
A motion was made by John Johnson, seconded by Tom Risom and voted unanimously to adjourn at 10:35 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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