UNAPPROVED
OLD LYME ZONING COMMISSION
MINUTES OF PUBLIC HEARING
Monday, January 8, 2007
The Old Lyme Zoning Commission held a Public Hearing on Monday, January 8, 2007 at 7:30 p.m. in the Auditorium of Memorial Town Hall. Members present were Tom Risom (Acting Chairman), Jane Marsh (Secretary), Jane Cable, John Johnson, Howard Tooker (Alternate - seated) and Steve Ames (Alternate). Also present was Ann Brown, Zoning Enforcement Officer and Attorney Mark Branse.
Acting Chairman Risom called the Public Hearing to order at 7:32 p.m.
1. 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.
Acting Chairman Risom noted that this public hearing was opened in December and continued to this January Regular Meeting without taking any testimony. Ms. Marsh read the legal ad for the record. Acting Chairman Risom read the list of exhibits. Ms. Brown noted that Attorney Branse made recommendations for changes and the applicant agreed to modify his application to reflect the suggested changes. Ms. Brown stated that a copy of this has been in the Town Clerk’s office for quite some time. She reminded the Commission that they would be discussing the revised application.
Gary Yuknat, applicant, stated that his proposed regulation only effects lots along the limited access highway in the industrial area/zone. He noted that this is approximately an 1800 foot strip along the highway.
Ms. Marsh questioned whether Mr. Yuknat intended to use Attorney Branse’s proposed text. Mr. Yuknat indicated that that is his intention. Ms. Marsh read the revised text. Mr. Yuknat stated that it was his intention to allow the reduced setback by right, not by special exception. Ms. Marsh again questioned which text Mr. Yuknat would like the Commission to consider. Mr. Yuknat questioned the steps involved. Ms. Marsh replied that it would require a site development plan review or special exception review, both requiring review of the Commission. Attorney Branse stated that a public hearing is not mandatory for the site plan review, but it is for a special exception.
Ms. Cable stated that her notes indicate that the Commission wanted to change limited access highway to I-95. The Commission agreed to this change.
No one present spoke in favor or against this application. Hearing no further comments, Acting Chairman Risom asked for a motion to close the hearing.
A motion was made by Jane Cable, seconded by Jane Marsh and voted unanimously to close the Public Hearing for the 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.
2. Petition to amend the Old Lyme Zoning Regulations, Sections 32.6.9, 32.6.10, 36.2.8, 36.10.2 and 36.14, Open Space, Old Lyme Zoning Commission, applicant.
Acting Chairman Risom noted that Ms. Marsh read the legal ad. He read the list of exhibits for the record.
Attorney Mark Branse indicated that the Commission asked him to put together language that would place PRCD developments and multi-family developments in multi-family districts on equal footing with regard to open-space. He explained that the Regulations are structured now to allow a PRCD in a residence zone and it can only be single-family and it must provide a certain percentage of open space depending upon the underlying zone. Attorney Branse stated that a PRCD can also be in a multi-family residential district where they can have multi-family dwellings and it must have the same required open space. He noted that if some one brought in a multi-family residential proposal in a multi-family district without using the PRCD special exception, there is currently no requirement for open space.
Attorney Branse stated that this appeared to the Commission to be an inconsistency.
Attorney Branse stated that he has picked up the open space language that is currently in PRCD and put it in the multi-family residential district regulation. He explained that in Section 36 he has added a definition for the term open space. Attorney Branse stated there are a few other small updates to correct language.
There were no comments from Commission members. Acting Chairman Risom read a letter from the Chair of the Open Space Committee dated November, 2006. Ms. Cable stated that these remarks are well thought out and things that should be taken into account. She suggested that this get further discussion in the future but did not think they could be considered at this time. Attorney Branse noted that those comments are new and would not be covered under the advertising for the proposed regulation. He cautioned the Commission to not require that the open space be contiguous. Attorney Branse stated that there may be situation where the open space could back up to different resources and the Commission would like the open space divided into two separate areas. He suggested that the
Commission not tie their own hands by requiring contiguous open space. Mr. Johnson noted that there are no negative comments in the other referral responses.
Mr. Tooker stated that he does not think open space should be required to be contiguous.
No one present spoke in favor or against the application. Hearing no further comments, Acting Chairman Risom asked for a motion to close the public hearing.
A motion was made by Jane Cable, seconded by Jane Marsh and voted unanimously to close the Public Hearing for the Petition to Amend the Old Lyme Zoning Regulations, Sections 32.6.9, 32.6.10, 36.2.8, 36.10.2 and 36.14, Open Space, Old Lyme Zoning Commission, applicant.
3. Special Exception/Coastal Site Plan Application, Town Hall Expansion Project, 52 Lyme Street, Town of Old Lyme Zoning Commission, applicant.
Ms. Marsh read the legal ad and the exhibit list for the record. Acting Chairman Risom noted that the applicant has received approval from the Health Department and the Zoning Board of Appeals.
John Forbis, Chairman of the Old Lyme Town Hall Expansion Project, and Tim Griswold, First Selectman, were present to explain the application. Mr. Forbis indicated that he has received a letter of review from the Commission’s engineer, Tom Metcalf. He noted that Mr. Metcalf’s comments will be incorporated into the plan. He noted that the Commission is reviewing design development drawings which is the second phase in developing such a project. Mr. Forbis stated that the next phase is creation of the working drawings.
Mr. Forbis stated that Mr. Metcalf asked for clarification that the Town had approval from Malcolm Speirs for the demolition of the existing house and grading along Mr. Speirs’ property. He explained that they have negotiated a five foot easement for grading. Mr. Forbis stated that they will incorporate Mr. Metcalf’s comment on the drainage and will provide additional spot elevations on the final drawings. He noted that these drawings and comments will be addressed by the Town Meeting so that the plans are fully compliant by that time.
Mr. Forbis stated that on Plan C-3, Mr. Metcalf states that it appears that the storm ceptor structures will be utilized as inlets for the pavement run-off and that suitable rims and grades should be specified. He noted that these will be added to the drawings. Mr. Forbis stated that the comment on Plan C-4A which says all materials should reference and specify CT DOT materials. He noted that this information will be provided with the working drawings and will be part of the contract documents. Mr. Forbis stated that Mr. Metcalf requests specific details for the retaining wall on Sheet C-5, will be done by a structural engineer when the final structural drawings are done. He noted that they will clarify the width of the sidewalks as requested by Mr. Metcalf.
Mr. Forbis stated that there are two solutions to clearly mark the land of the Town from that of the Anderson’s, one of which would be hay bails along the line; the other would be a silt fence. He indicated that they will talk to Mr. Anderson about which of those two he would prefer.
Mr. Forbis stated that Mr. Metcalf questioned whether there were reduction fittings for connections. He noted that the engineers for the project have indicated that there are reduction pipes and the precise one will be specified. Mr. Forbis stated that information on the storm ceptor maintenance will be provided.
Ms. Cable questioned the bonding. Mr. Griswold requested that the Commission not require the Town to put up a bond. He noted that the Town will be holding a performance bond with the developer. Ms. Cable noted that Mr. Metcalf suggested that the Commission be involved in the bond negotiating process. Mr. Risom noted that the only bond the Commission would be concerned with is one between the Commission and the applicant, which in this case is the Town. Attorney Branse suggested that the Commission could ask that the erosion portion of the bond be in cash with the contractor. He noted that he has never heard of a Planning or Zoning Commission bonding its own Board of Selectmen.
Mr. Griswold stated that Mr. Metcalf notes in his letter that his comments are fairly minor and should be handled easily. He noted that Mr. Forbis has reviewed the items with the project engineer and they are confident everything will be resolved easily.
Mr. Risom noted that Marcy Balint indicated in her response that while she recognizes there is a storm water retention problem on site, she notes that the engineers have dealt with it adequately.
Mr. Griswold stated that some of the gutter downspouts in the front will go into drywells which will remove this water from the drainage system. He noted that the front will have a more natural percolation.
Ms. Brown stated that Marcy Balint’s letter mentions the possibility of the applicant going to the DEP to discuss the possible need for a permit from DEP for the outflow into the tidal wetlands. She indicated that she spoke with Ms. Balint at length and it appears that there may be different levels of permits required and she suggested that the engineering firm make that contact with DEP.
No one present spoke in favor or against the application. Hearing no further comments, Acting Chairman Risom asked for a motion to close this public hearing.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to close the Public Hearing for the Special Exception/Coastal Site Plan Application/Town Hall Expansion Project, 52 Lyme Street, Town of Old Lyme, applicant.
The Public Hearing adjourned at 8:36 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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