APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, November 13, 2006
The Old Lyme Zoning Commission held a Regular Meeting on Monday, November 13, 2006 at 7:30 p.m. in the Auditorium of Memorial Town Hall. Members present were Ted Kiritsis (Chairman), Jane Marsh (Secretary), Tom Risom, Jane Cable and John Johnson. Also present was Ann Brown, Zoning Enforcement Officer.
1. Convene Meeting; announcement of voting alternates.
Chairman Kiritsis called the Regular Meeting to order at 7:30 p.m. Chairman Kiritsis noted that the applicant scheduled for Public Hearing this evening is not present and the board agreed to defer the opening of the public hearing until his arrival.
2. Special Exception Application to erect a wall, 123 Boston Post Road, Michel Gosselin, applicant.
No action taken.
3. Site Plan Modification Application, new use, prescription footwear office, 159 Boston Post Road, Bryan Sales, applicant. Receipt.
Ms. Brown noted that two months ago the Commission approved a dog grooming use at this site and the woman is not going forward with that business. She explained that the current applicant would like to move his prescription footwear office from the Halls Road shopping center to this location. Ms. Brown stated that the Statement of Use describes the business in great detail.
Bryan Sales, applicant, was present to explain his application. Ms. Brown stated that Mr. Sales will need even less parking that the dog grooming business. Mr. Sales read the Statement of Use for the record. He noted that he will have an average of three appointments a day, five days per week. Mr. Sales stated that there will be a few Saturday appointments to accommodate customer’s work schedules and these Saturday appointments will amount to three to five per year. He explained that the reason he is relocating is that he does not need the walk-by traffic on Halls Road and he would like to reduce his costs.
A motion was made by Jane Cable, seconded by Jane Marsh and voted unanimously to approve the Site Plan Modification Application, new use, prescription footwear office, 159 Boston Post Road, Bryan Sales, applicant, as follows:
Whereas, the Zoning Commission has received an application for a Modification to the Site Plan to allow an office/sales facility for prescription footwear at 159 Boston Post Road;
And, whereas, the Zoning Commission has held a duly noticed meeting on November 13, 2006, 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 under the Old Lyme Zoning Regulations, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 31.3 of the Regulations.
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to Bryan Sales for the Site Plan Modification at 159 Boston Post Road, Old Lyme, CT.
4. Site Plan Modification Application, change of use from showroom to physician’s office, 4 Huntley Road, Questa Building and Design, applicant. Receipt.
Ms. Brown stated that the big change is that 2 and 4 Huntley Road have been merged into one lot. She explained that the lot is now twice the size as it was originally. Ms. Brown stated that the modification is minor; they would like to move the gravel parking over and add a little more gravel parking. She noted that the physician’s office requires more parking then the showroom. Ms. Brown pointed out that there is no exterior change to the building, only interior renovations.
Anthony Hendricks, Professional Land Surveyor, was present to represent Questa Builders in their application to modify the Site Plan. He explained that Mr. Gionnoti has entered into a contract with his neighbor to purchase 2 Huntley Road and merge the two lots. Mr. Hendricks stated that 2 Huntley is a nonconforming parcel. He noted that 4 Huntley Road is 30,095 square feet. Mr. Hendricks stated that the area in the building that was originally approved to be a showroom will now be the physician’s office. He noted that the second sheet of the package shows the difference between the original parking layout (blue line) with the revised parking.
Mr. Hendriks noted that the existing building on lot 2 will be removed and in the future Mr. Gionnoti will come before the Commission to put a conforming building there. He noted that they will be adding three parking spaces. Mr. Hendriks noted that they are in the process of creating an as-built drawing of the building and indicated that the outside and inside work is not yet completed. He noted that he is awaiting approval/denial of this application before completing the as-built. Mr. Hendricks noted that when the second building is constructed the entire site will be in compliance with the Zoning Regulations.
Ms. Marsh questioned the parking, noting that the doctor has indicated that there may be five cars an hour. Mr. Hendriks stated that the only other activity at the building will be Mr. Gionnotti’s office upstairs and employee parking will be around the rear of the site. He noted that Mr. Gionnotti will not have customers coming to the site. Ms. Marsh stated that when the second building is constructed she would like to see it be required that the parking be paved. She indicated that there appears there will be quite a bit of use of the parking. Mr. Hendriks stated that the subsurface drainage system that has been installed will take all the water and put it right back into the ground. He noted that their calculations will assure the Commission that all the water will be taken care
of. Mr. Hendriks stated that the wetlands commission was concerned about this as well and they have given approval. He indicated that if the lot were paved the drainage system could still handle the water.
Bob Gionnotti stated that he would like to pave the parking and indicated that he will be back before the Commission in a few months with a proposal for the second building. Ms. Marsh stated that she wouldn’t mind a few spots on the side of the building to be paved now to provide adequate paved parking for the active use of the physician’s office.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to approve the Site Plan Modification Application, change of use from showroom to physician’s office, 4 Huntley Road, Questa Building and Design, applicant, as follows:
Whereas, the Zoning Commission has received an application for a Modification to the Site Plan to allow a change of use from showroom to medical offices at 4 Huntley Road;
And, whereas, the Zoning Commission has held a duly noticed meeting on November 13, 2006, 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 under the Old Lyme Zoning Regulations; and
Whereas, the lot at 2 Huntley Road has been combined with the lot at 4 Huntley Road; and
Whereas, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 31.3 of the Regulations with the following modifications required to be added to the final plan:
1. A mylar copy and two paper copies of this modified plan must be submitted for endorsement within 30 days of approval.
2. The mylar plan shall not be endorsed until the lots at 2 Huntley Road and 4 Huntley Road have been merged by recorded deed.
3. The existing building on the lot at 2 Huntley Road shall be demolished and the lot stabilized within 45 days of endorsement of this plan.
4. A bond in an amount approved by the Commission Engineer shall be submitted prior to endorsement, to guarantee demolition of the existing building on the lot at 2 Huntley Road.
5. The ten parking spots on the easterly side of the property will be paved and the dumpster will be put on a pad.
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to Questa Building and Design, for the Site Plan Modification at 4 Huntley Road, Old Lyme, CT.
5. Petition to amend the Old Lyme Zoning Regulations, Proposed new Section 7.4.3.1, Lot adjacent to a Limited Access Highway, Gary Yuknat, applicant.
Chairman Kiritsis noted that the Commission Members have received copies of Attorney Branses’ comments. Ms. Cable noted that Attorney Branse is assuming that this Regulation will pertain to more than just Mr. Yuknat’s lot. Mr. Kiritsis stated that there are lots to the east that could benefit from this change. Ms. Cable stated that she likes his suggestion that signs be limited and that there be a vegetated buffer.
Ms. Cable noted that Attorney Branse rewrote the Regulation with the changes he suggested. Ms. Marsh suggested that Ms. Brown forward the revisions to the applicant for his review and approval.
The Public Hearing for this item will be held on December 11, 2006.
6. Petition to amend the Old Lyme Zoning Regulations, Sections 32.6.9, 32.6.10, 32.2.8, 36.10.2 and 36.14, Open Space, Old Lyme Zoning Commission, applicant.
Chairman Kiritsis noted that Attorney Branse submitted a few changes to the Regulation he originally wrote. The Commission asked Ms. Brown to contact Attorney Branse to see if he would be able to come to the hearing on December 11, 2006. Chairman Kiritsis indicated that if Attorney Branse cannot attend they will defer the opening of the Public Hearing to January.
The Public Hearing for this item will be held on December 11, 2006.
7. Affordable Housing Ordinance.
Chairman Kiritsis stated that they are in receipt of a letter from Tim Griswold asking for the Commission’s comments on adopting an affordable housing ordinance. He noted that it was suggested that the Commission ask Les Reynolds to attend a meeting and tell the Commission specifically what he had in mind.
Ms. Brown stated that this new Statute gives a very modes allowance. She noted that this Statute enables a second free split if the lot is for affordable housing. Chairman Kiritsis stated that Lyme just passed an Ordinance this past week. Ms. Marsh stated that every application in Old Lyme goes before the Planning Commission. She indicated that free splits always cause problems when there is no review of the proposal. Ms. Marsh asked the Commission to remember that allowing this would take away the review process. Ms. Marsh stated that land use is not supposed to be concerned with who is occupying the property but whether the property itself is suitable for the zone.
Ms. Cable stated that the purpose of the ordinance is not for a large scale affordable housing project. Mr. Risom and Ms. Marsh indicated that it could be for a large scale affordable housing project. Ms. Brown stated that the ordinance will not benefit anyone particularly because the circumstances are so limited under which one could use it.
Chairman Kiritsis suggested that Ms. Brown contact Attorney Branse for guidance. He indicated that the Commission should be cautious in how they proceed.
A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to move Item 10 up on the agenda.
8. Correspondence
a. Letter dated November 2, 2006 from John Alexander re: the processing of tree trunks into woodchips in a residential area.
Chairman Kiritsis stated that he is in receipt of a letter dated November 2, 2006 from John Alexander.
Mr. Alexander, 12 Lords Meadow Lane, stated that Ms. Brown has indicated to him that she has no authority under Town Zoning Regulations to stop the processing of tree trunks into woodchips in a residential area. He asked the Commission whether this is correct and if so, he asks the Commission to address this lack of authority. Mr. Alexander stated that this is a commercial or industrial operation involving the generation of substantial noise. He stated that this is a public nuisance and is not essential to the task of clearing property for development, but a convenience for the developer.
Ms. Brown explained that this clearing is being done for an approved subdivision that is beginning construction. Chairman Kiritsis indicated that there is nothing that Zoning can do. He noted that there is a noise ordinance. Mr. Alexander stated that he thought it would be in the power of zoning to define wood-chipping as an industrial operation. Mr. Risom stated that this type of clearing is short-term. Mr. Alexander stated that it is not necessary to perform wood-chipping on the site in a residential district. Ms. Marsh stated that there are people that chip wood on their property that has nothing to do with a subdivision. She noted that this would be very difficult to enforce and it is not a zoning issue. Ms. Cable stated that they could limit the chipping of branches in
excess of three or four inches on site and anything bigger off-site. Ms. Brown stated that it might be easier to address the hours of operation of wood-chipping. Chairman Kiritsis stated that he has a fundamental problem with these suggestions. He indicated that if the Commission creates a regulation it should be enforceable. Chairman Kiritsis stated that it is not a zoning issue. Ms. Marsh stated that the next issue will be the noise of the heavy equipment and the building of the homes. She noted that all these activities make noise but for a temporary period of time. Mr. Alexander stated that the noise necessary to the clearing and construction is expected, but the operation of commercial chipping equipment that makes tree trunks into chips is not.
Mr. Alexander stated that he does not think any neighborhood should be subject to two weeks worth of chipping of logs when it is not necessary to the clearing of the property for development.
9. Zoning Enforcement
b. Kellogg Marine – Outside Storage
Ms. Brown noted that there is outside storage at the Kellogg Marine Facility. She explained that she sent a Cease and Desist Order indicating that the outside storage was not approved on the plan. Ms. Brown explained that the solution is that Kellogg will put the already-approved addition on the building. She noted that there has been a bit of a delay waiting for the parent company to approve the money for the addition. Ms. Brown questioned whether the Commission wants the outside storage cleaned up before the permit is issued for the addition or as
the applicant is suggesting, let the outside storage stay until the addition is complete.
Ms. Brown indicated that she has received an application for the addition to the building. Mr. Risom stated that if the addition will be complete within the next few months he would have a different feeling about the outside storage.
Mario DiLoretto was present representing Kellogg Marine, Inc. and the landowner, EPW II, LLC. He indicated that Todd Machnic was present representing the Machnik family interests on property where there is similar outside storage. He noted that the storage is for Kellogg Marine. Attorney DiLoretto stated that Kellogg Marine was sold this past year. He noted that it was a family run business that was locally owned and operated. Attorney DiLoretto stated that in July 2005 they sold the family business to Brunswick and it would be a fair representation to say that the problem faced today was largely caused
by the planning of the prior owner. He noted that Kellogg grew faster than they anticipated.
Attorney DiLoretto noted that back in April he requested the Cease and Desist Order than Ms. Brown mentioned earlier in order to urge his tenant into action. He indicated that this Order prompted a timely response from the tenant and owner that within 60 days they would either make a decision to put on the addition or take measures to eliminate the outdoor storage and remove the trailers. Attorney DiLoretto indicated that this past Friday he received a formal notice of their intention to expand.
Attorney DiLoretto stated that they have committed the resources to develop the plans and a local builder, Michael Bird, will be constructing the building. He indicated that a building permit will be pulled shortly. Attorney DiLoretto stated that they expect mobilization by early December and completion by May. He explained that they are asking the Commission to allow them to keep the storage trailers until the building is complete in May.
Todd Machnik stated that on the south side of the building there is product piled up, which is outdoor storage. He noted that the trailers are another matter. Attorney DiLoretto stated that they would like the Zoning Office to provide a qualified Zoning Certificate of Compliance to satisfy the prerequisite to have a building permit issued, with the provision that the expansion gets built and within 30 days from the completion of the expansion, all the storage trailers on site are removed. He noted that when the building is constructed the tenant would then get a temporary certificate of occupancy pending
removal of the trailers and any and all outside storage.
Chairman Kiritsis stated that he would like to qualify the statement to include all trailers belonging to Kellogg in the Town of Old Lyme. Ms. Cable stated a remote site cannot be tied to this certificate of occupancy.
Attorney DiLoretto stated that they may be coming back to the Commission with a Site Plan Modification Application to keep some storage trailers.
c. 10 Machnik Drive – Outside Storage
Ms. Brown noted that there are Kellogg Marine storage trailers on Machnik property and she is in receipt of a letter from Todd Machnik requesting that these trailers be allowed to stay until the completion of the Kellogg addition. Ms. Marsh stated that she understands Kellogg putting storage trailers on their property without Commission approval but it does not sit well having Mr. Machnik allow another company’s storage on his property. Ms. Cable stated that she will go along with the Machnik storage as long as it is the same activity on the part of
Kellogg. Ms. Marsh suggested that the Commission make a finding that these are violations and agree to suspend enforcement until June 1, 2006. Attorney DiLoretto indicated that he would draft a document for Ms. Brown to forward to the Commission. Mr. Machnik agreed that the trailers would be removed by June 1, 2006.
Chairman Kiritsis recessed the Regular Meeting to conduct the Public Hearing at 9:07 p.m.. The Regular Meeting reconvened at 9:09 p.m.
a. Zoning Enforcement Report
The Commission reviewed the Zoning Enforcement Report.
d. Site Inspection Report
The Commission reviewed the Site Inspection Report. Ms. Brown stated that Christ the King Church has indicated that the only traffic that backs up is cars in the church parking lot itself. She noted that there does not appear to be any back- up on Lyme Street. Ms. Brown stated that the drainage work will be completed this winter and the overflow parking will be completed by the springtime. She noted that this will all be put in writing.
Ms. Brown noted that she has received numerous complaints on the new sign for Machnic Industrial Park. She noted that the sign regulations have a section that lists exempt signs, and the first one listed is any sign required or authorized under State or Federal Law or by the Town of Old Lyme. Ms. Brown stated that she has the paperwork to show that the Board of Selectmen approved a sign here. Mr. Kiritsis questioned whether the sign should be on the property. Ms. Brown stated that the Board of Selectmen approved the sign, it is exempted under the Zoning Regulations.
Mr. Kiritsis questioned whether this is a new or replacement sign. The Board agreed that this would be hard to determine.
Chairman Kiritsis questioned why 28 Lone Pine is not on the enforcement report. Ms. Brown noted that it was omitted and explained that 28 Lone Pine was a vacant lot and she approved a new house to be constructed. She explained that the home is too close to the front boundary line because she did not calculate the narrow street setback. Ms. Brown noted that the home should be approximately 10 feet farther back. She indicated that she sent the homeowner a Cease and Desist and indicated in that he could secure his building. Ms. Brown noted that she believes the
homeowner will be filing a variance application.
Chairman Kiritsis questioned whether Ms. Brown looked into how much bond was left for Christ the King. Ms. Brown indicated that the Commission released $65,000.00 of the $75,000.00 bond.
10. Approval of Minutes
A motion was made by Tom Risom, seconded by Jane Marsh and voted unanimously to approve the minutes of the September 11, 2006 Regular Meeting and Public Hearing, the September 25, 2006 Special Meeting, the October 11, 2006 Regular Meeting and Public Hearing and the October 23, 2006 Special Meeting.
11. Regulation Rewrite
A regulation rewrite meeting has been set for Monday, November 27, 2006.
12. New or Old Business
Each Commission member received a survey from Margaret Burns, GIS Specialist, CRERPA. The Commission members completed the surveys.
Chairman Kiritsis requested that there be an item on the December Agenda for election of officers and a schedule of Regular Meetings for 2007.
The Commission discussed the lighting at Mountzoure’s building on Four Mile River Road. Ms. Cable suggested that the site plan application should be modified. Ms. Brown agreed, and noted that it is a minor modification that she felt did not need to come to the Commission. Ms. Brown stated that Ms. Marsh feels that it should come to the Commission. Ms. Marsh indicated that she is concerned that the lights can be adjusted. Ms. Brown is to contact Mr. Mountzoures for resolution.
9. Miscellaneous/Adjourn
A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to adjourn at 9:42 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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