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Zoning Commission Minutes 03/12/2007









APPROVED


OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, March 12, 2007


The Old Lyme Zoning Commission held a Regular Meeting on Monday, March 12, 2007 at 7:30 p.m. in the Auditorium of Memorial Town Hall.  Members present were Ted Kiritsis (Chairman), Tom Risom, Jane Marsh (Secretary), Jane Cable, John Johnson, Howard Tooker (Alternate) and Steve Ames (Alternate).   Also present was Ann Brown, Zoning Enforcement Officer.

1.      Convene Meeting; announcement of voting alternates.

Chairman Kiritsis called the Regular Meeting to order at 7:31 p.m.   He immediately recessed the Regular Meeting to conduct the Public Hearing.  The Regular Meeting reconvened at 8:36 p.m.

2.      Regional School District #18 - Presentation.

John Rhodes, Director of Facilities for Regional School District 18.  He indicated that they are here this evening to present an overview of the proposed high school building project at the main campus on Lyme Street.  Mr. Rhodes stated that the information being presented is based on a conceptual level of design.  He explained that they would like to hear any concerns that the Commission may have so that these concerns could be addressed during the next step.

Dick Webb, Landscape Architect, Jeff Bianco, Architect, and Ken Diaga, Construction Manager, were also present to explain the project.  Mr. Webb reiterated that the plans are conceptual.  He stated that the property is 63 acres and contains three different school facilities.  Mr. Webb stated that the project area also has three different zoning classifications, R-15 zone totaling 18.2 acres of property, R-40 zone totaling 15 acres, and RU-80 totaling 30 acres of property.  He stated that the total coverage in the R-15 zone is a little bit in excess of the 30 percent allowed.  Mr. Webb noted that all other coverages are in compliance.  

Mr. Webb stated that there are three wetland areas and pointed them out on the site plan.  He explained that the new high school facility is a combination of maintaining the existing auditorium and gymnasium complex and building additional square footage of new academic space, classroom space, media center space and some auxiliary gymnasium space wrapping around the existing structure.  Mr. Webb stated that the eastern wing of the existing high school facility will remain in use while the addition is being constructed and when the addition is finished the existing academic wing will be removed.  He noted that Jeff Bianco, architect, can answer any questions about the building.  

Mr. Webb stated that they have renovated the site plan, but maintain the same entry out onto Lyme Street.  He explained the traffic flow and parking areas as indicated on the site plan.  Mr. Webb stated that they plan a synthetically surfaced 400 meter running track with a multipurpose natural grass field located inside the track facility; a multi-purpose field in the area between the renovated high school and the existing middle school; they are maintaining the current varsity baseball field but converting for use by the JV and middle school teams and building a new varsity baseball complex with a more appropriately dimensioned outfield and that allows some overlap and use of the outfields for soccer.  Mr. Webb stated that the existing varsity softball field would be relocated to the east of the 6 tennis courts and three tennis courts are proposed to be removed.

Mr. Webb discussed the storm water drainage.  He noted that the plan is to promote sheet flow and infiltration.  Mr. Webb stated that there is currently a fifty-foot right-of-way and they have begun discussions with the Fire Department and neighbors to allow a two-lane egress.  He noted that the ingress will remain one lane.  Mr. Webb stated that the Fire Department, in concept, has been supportive of this plan.  Mr. Rhodes stated that are focusing on safety at the entrance with a needed sidewalk and improved curb radii.  Ms. Marsh questioned the need for the green strip between the two egress lanes and the single ingress lane.  Mr. Rhodes explained that the green strip is provided to divide the traffic and also to soften the look of three lanes of pavement.  Ms. Marsh expressed concern that the traffic would still backup onto Lyme Street in the morning.

Mr. Rhodes explained that the building and site is being designed for 525 students.  He noted that 525 is the maximum number of students seen on the 12 year horizon.  Mr. Rhodes stated that this plan maximizes reimbursement.  He noted that currently there are 470 students.

Mr. Webb noted that the athletic fields will not be lit as part of the project.  Mr. Rhodes stated that the entire project is being constructed based on the programs they currently have.  He noted that they currently do not have a night athletic program for lacrosse or soccer and there has been no need identified by the Athletic Director.  Mr. Webb noted that there will be low level security lighting around the track, but more for community walking and jogging.  

Mr. Webb stated that the quadrangle field will be, as the project is built, one of the key stages areas to construct the project.  He noted that it is proposed, at the end of the project, that this field be synthetically surfaced to allow athletic use and an increased use for other events.  Mr. Webb stated that synthetic fields are engineered now so that they reduce the peak flow so they are a benefit from a storm water management perspective.  He noted that they do not have irrigation or fertilization needs as natural field does so there are environmental benefits as well.

Mr. Tooker questioned if they have calculated how much water will be going back into the pond.  Mr. Webb indicated that they will be doing those calculations as they move forward with the engineering.  He noted that they have talked about splitting the outlets and working into an area between the existing varsity field and the proposed varsity field which they will continue to look at.  Mr. Rhodes stated that currently the majority of the paved area is draining to the pond.  Mr. Webb explained the current drainage at the site.  He noted that the drainage currently going to the south, along with the new drainage, will be directed to the east and thereby improving the current conditions.  

Mr. Risom questioned whether the excessive coverage in the R-15 area would require a variance.  Mr. Webb indicated that the proposed coverage is the same as the existing coverage.  

Ms. Marsh questioned the location of the parking lot near the baseball field and asked if it could be moved closer.  Mr. Webb stated that the topography and the grade is toughest on the east side, which is why they favored the area a little to the west.  He noted that the other thought was to have parking near the track and athletic fields.

Mr. Bianco stated that one of the zoning issues is the building height because it is located in the Coastal Zone where there is an absolute requirement of 35’ opposed to the 35’ average height.  He noted that the building is 35’ but they propose three cupolas; one to provide natural light at the nexus of the overall school circulation system where the two wings meet; there are two other cupolas proposed for the area between the existing gymnasium and the existing auditorium to bring light into the inner of these two rooms which would be the music area, and to provide acoustic volume.  Ms. Cable questioned whether skylights would provide the same amount of natural light.  Mr. Bianco explained that the skylights would not provide the volume required.  Ms. Cable noted that that issue would be resolved by the Zoning Board of Appeals.  Ms. Brown pointed out that there are some circumstances where the Commission can approve a Special Exception for height.  

Mr. Rhodes thanked the Commission for their time and indicated that all comments from the Commission would be taken into consideration.

3.      Site Plan Modification Application to add parking and reconfigure interior of building, 6 Vista Drive, Eastport LLC, applicant.  Receipt.

Ms. Brown noted that she has recommended that the applicant apply to Wetlands.  She also indicated that an engineering report has not yet been received from Tom Metcalf.  The Commission received the application and agreed to carry it on the agenda to the April 9, 2007 Regular Meeting.

4.      Site Plan Modification/Coastal Site Plan Application, 7 Cross Lane, to construct a 150,000 gallon water tank.  Receipt.

Ms. Brown noted that Attorney Knapp has recommended a report from the Wetlands Commission.  She also noted that reports have not been received yet from Marcie Balint or Tom Metcalf.  The Commission received the application and agree to carry it on the agenda to the April 9, 2007 Regular Meeting.

5.      Special Exception Application to construct a dock, 12-1 Bank Road, Rob Shickel, applicant.

The Public Hearing for this item is continued to the April 9, 2007 Regular Meeting.

6.      Special Exception Application to construct a dock, 4-1 Lieutenant River Lane, Thomas & Sherry Johnson, applicants.

A motion was made by Jane Marsh, seconded by Tom Risom and voted unanimously to approve the Special Exception Application to construct a dock 4-1 Lieutenant River Lane, Thomas and Sherry Johnston, applicants, as follows:

Whereas, the Zoning Commission has received application for Site Plan/Special Exception approval to allow construction of a dock for property of Thomas and Sherry Johnston at 4-1 Lieutenant River Lane, Old Lyme, CT, one sheet titled, “Prepared for Thomas & Sherry Johnston, 4-1 Lieutenant River Lane, Old Lyme, Connecticut”, as prepared by Gary P. Sharpe, Registered Land Surveyor, 233 Boston Post Road, Old Saybrook, Connecticut and dated January 4, 2007;

Whereas, the Zoning Commission has held a duly noticed public hearing on March 12, 2007 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 Site Plan/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:

E & S to be installed prior to construction;
Light fixture design to be submitted and shown to be in compliance with regulations, i.e., low-intensity twenty-five watt bulbs aimed downward on every other piling; place notes on plans;
A-2 Survey requirement is waived.
Decking shall not be pressure treated wood and must be environmentally suitable.

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:

to achieve safety, comfort and convenience;
to conserve as much of the natural terrain and provide for vegetation on the site to the extent practical;
to be in architectural harmony with the surrounding area;
to protect nearby residential and preservation areas;
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 Site Plan and Special Exception application to construct a dock for property of Thomas and Sherry Johnston at 4-1 Lieutenant River Lane, Old Lyme, CT, dated this 12th day of March, 2007, with the modifications specified.

7.      Special Exception/Coastal Site Plan Application to construct an Office Complex, 2 Huntley Road, BGP Development, Inc., applicant.

The Public Hearing for this item is continued to the April 9, 2007 Regular Meeting.

8.      Special Exception Application to construct a fence, 28 Neck Road, Dr. William Cambridge, applicant.

A motion was made by Jane Cable, seconded by Jane Marsh and voted unanimously to grant the Special Exception Application to construct a fence, 28 Neck Road, Dr. William Cambridge, applicant, as follows:

Whereas, the Zoning Commission has received an application for a Special Exception under section 7.4.6b of the Zoning Regulations, with a hand drawn plan, to allow a six foot tall fence in the front setback area of the lot at 28 Neck Road;

Whereas, the Zoning Commission has held a duly noticed public hearing on March 12, 2007, 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, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the provisions Section 7.4.6b of the Regulations.

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 William Cambridge for a Special Exception under section 7.4.6b of the Zoning Regulations, with a hand drawn plan, to allow a six foot tall fence in the front setback area of the lot at 28 Neck Road.

9.      Special Exception Application to construct a dock, 24 Neck Road, Rob Shickel, applicant

The Public Hearing for this item has been continued to the April 9, 2007 Regular Meeting.

11.     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.

A motion was made by Jane Cable, seconded by Jane Marsh and voted unanimously to approve the Petition to Amend the 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, as follows:

Whereas, the Zoning Commission has received a Petition to Amend the 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; and

Whereas, the Zoning Commission has held a duly noticed public hearing on December 11, 2006 and January 8, 2007, and the commission has had an opportunity to hear testimony from both citizens of Old Lyme and the applicant; 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 Old Lyme Zoning Commission finds that the proposal as amended (text attached) is consistent with the Old Lyme Plan of Conservation and Development; and

Whereas, the Old Lyme Zoning Commission finds that the proposal as amended should be approved because:

1.      Multifamily projects will have consistent open space requirements.

Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to this Petition to Amend the 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, with the modifications specified, effective date April 2, 2007.

(Howard Tooker was seated for Ted Kiritsis for the above vote on the Petition to Amend the Zoning Regulations.)

12.     Discussion with Dave Roberge regarding Hazard Mitigation Plan.

Tom Risom volunteered to be the Zoning Commission’s representative on the Harzard Mitigation Committee.

13.     Zoning Enforcement

The Commission members reviewed the enforcement report.  

14.     Approval of Minutes

A motion was made by John Johnson, seconded by Jane Cable and voted unanimously to approve the minutes of the January 8, 2007 Regular Meeting and Public Hearing.

A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to approve the minutes of the January 29, 2007 Special Meeting.

A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to approve the minutes of the February 26, 2007 Special Meeting.

15.     Regulation Rewrite

A regulation rewrite meeting is set for Monday, March 26, 2007 at 7:00 p.m.

16.     Correspondence

.None

17.     Miscellaneous/Adjourn

A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to adjourn at 10:32 p.m.

Respectfully submitted,



Susan J. Bartlett
Recording Secretary