APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, June 11, 2007
The Old Lyme Zoning Commission held a Regular Meeting on Monday, June 11, 2007 at 7:30 p.m. in the Phoebe Griffin Noyes Library. Members present were Ted Kiritsis (Chairman), Jane Marsh (Secretary), Tom Risom (Vice Chairman), 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 8:32 p.m.
2. Driveway improvements, 16-2 Short Hill Road, discussion.
Mark Smith, Vice President of Real Estate Services of Connecticut, stated that they have a contract to purchase the Howard Tooker property on Short Hills Road. He explained that there is an existing driveway that runs through the property as depicted on the plan by the yellow. Mr. Smith noted that some of the driveway is gravel and portions are dirt.
Ms. Brown distributed copies of a section of the gravel and excavation regulation. She explained that she asked these folks to come before the Commission because it is permitted by right to maintain a driveway, but a special exception is required when bringing in more than 200 yards of material, which is expected in this project. Ms. Brown stated that for this reason, she wanted the Commission to make a decision in this regard.
Mr. Smith stated that the Regulation reads deposits that result in the storage on site of not more than 200 cubic yards of material. He noted that they expect a bulldozer and a roller moving the material as it is brought in and they do not intend to stockpile material. Mr. Smith stated that there will be approximately 24 trucks over a three or four day period. Chairman Kiritsis questioned whether this would damage Short Hills Road. Mr. Smith stated that they are traditional dump trucks that will be used.
Mr. Risom explained that this particular Regulation was written because a developer was clearing and stockpiling material on his property. He stated that the Regulation was drafted to avoid this type of activity. Mr. Smith indicated that they have no intention of stockpiling the material.
Mr. Johnson questioned how many yards of material there would be. Mr. Smith stated that they are covering 5100 feet of road or approximately 1 mile. Mr. Bagg, surveyor, indicated that there will be 1400 yards of material placed 6 inches deep and twenty feet wide.
Chairman Kiritsis stated that the question is whether this is an allowable activity or whether a Special Exception is required. The Commission members agreed it is an allowable activity.
A motion was made by Tom Risom, seconded by Jane Cable and voted that the proposed activity is an allowable use and does not require a special exception from the Zoning Commission. Motion carried 3:0:2, with Mr. Johnson and Chairman Kiritsis abstaining.
3. Site Plan Modification to add Parking and Reconfigure Interior of Building, 6 Vista Drive, Eastport, LLC, applicant.
Phil Biondo, Readco, was present to explain the application. Mr. Bionco submitted a revised plan. He noted that they have received wetlands approval and have incorporated their comments and those of Tom Metcalf on the revised plan.
Mr. Biondo stated that they asked for a waiver of the traffic report. He noted that they are asking for the modification because they are contemplating converting 2500 square feet of warehouse space to office use. Mr. Biondo stated that L&M Hospital is considering leasing this space for their business office. He explained that the plan reflects a net increase of 62 parking spaces. Mr. Biondo stated that the trailers in the rear have been removed, as requested, and they will be removing the construction trailers. He indicated that he would accept that they be removed as a condition of approval.
Mr. Biondo stated that the waiver for the traffic report was based on the fact that a 62 space increase is nominal and Four Mile River Road can easily handle the traffic directly off the I-95 ramp. He noted that he estimates 180 trips per day maximum. He explained that he also submitted a cut-sheet for the proposed lighting.
Ms. Brown stated that she put together a motion of approval that includes a condition that the subject parcel be merged with the other parcel which is nonconforming; she noted that the nonconforming parcel is large, but has no street frontage. Ms. Brown stated that the parcels would merge automatically but in practice the Commission typically requires the applicant to record a deed and to show them as one lot. Mr. Biondo stated that this is a legal question that he cannot address as he does not know the implications of merging the parcels. Ms. Cable indicated that they are merged and the tax bill should reflect this.
Mr. Biondo read the waiver request he submitted for the record.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to grant the waiver requested for the traffic study. Mr. Johnson commended the quality of the presentation by Mr. Biondo.
A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to approve the Site Plan modification Application to add parking and reconfigure interior of building, 6 Vista Drive, Eastport, LLC, applicant, as follows:
Whereas, the Zoning Commission has received an application for Site Plan Approval, two sheets titled, “Site Development Plan Showing Proposed Parking, on property of Eastport LLC, Vista Drive, Old Lyme, Connecticut,” as prepared by Angus McDonald / Gary Sharpe & Associates, Inc. and dated February 6, 2007, with revisions through April 18, 2007;
Whereas, the Zoning Commission has held a duly noticed public meetings on March 12, April 9, May 14, and June 11, 2007, and the commission had an opportunity to hear testimony from both citizens of Old Lyme and the applicant, as the input of its staff and professional consultants; and
Whereas, the proposed modification to the parking and to the interior of the building known as Building Number 2 is allowed under the Old Lyme Zoning Regulations, and 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. Prior to endorsement of the plan, the lot at 6 Vista Drive (tax assessor map 25, lot 3) and the lot at 102-1 Four Mile River Road (tax map 24, lot 25) must be combined by deed as one lot in compliance with section 8.9.2 of the Old Lyme Zoning Regulations;
2. Final plans must be modified to show that these lots have been combined into one lot;
3. The Zone District on the Zoning Data Table must be corrected to “LI-80” from “LI-80S”;
4. The plan must be modified to show “intermediate riprap” at the drainage outlet;
5. An erosion and sedimentation bond in an amount acceptable to the Commission’s engineer, must be submitted prior to endorsement of the plan;
6. The additional parking must be completed prior to occupancy of the modified interior of the building at 6 Vista Drive;
7. All trailers and/or storage trailers on the site must be removed by August 11, 2007.
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:
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;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to Eastport LLC for the application for Site Plan Approval, two sheets titled, “Site Development Plan Showing Proposed Parking, on property of Eastport LLC, Vista Drive, Old Lyme, Connecticut,” as prepared by Angus McDonald / Gary Sharpe & Associates, Inc. and dated February 6, 2007, with revisions through April 18, 2007, with the modifications specified.
4. Special Exception/Coastal Site Plan Application to construct an Office Complex, 2 Huntley Road, BGP Development, Inc., applicant.
Chairman Kiritsis noted that this application has been withdrawn.
5. Petition to Amend the Old Lyme Zoning Regulations, change to Schedule A-1, Line 15, change use category of building use of facilities for the Town or Regional School District #18 from permitted as a right to Special Exception granted by the Zoning Commission, Old Lyme Zoning Commission applicant.
Ms. Marsh stated that the Commission has proposed this Regulation change to conform, because of the size and scope of presentations as the Town continues to grow. She indicated that this change ensures that good information is submitted and can be reviewed in the same manner as any other large impact development.
A motion was made by John Johnson, seconded by Jane Cable and voted unanimously to approve the Petition to Amend the Old Lyme Zoning Regulations, Change to Schedule A-1, Line 15, change the use category for buildings, uses and facilities for the Town or Regional School District #18 from permitted as of right to Special Exception granted by the Zoning Commission, Old Lyme Zoning Commission, applicant, as follows:
Whereas, the Zoning Commission has initiated a Petition to Amend the Old Lyme Zoning Regulations, Section 21.1 (Schedule A-1) Permitted Uses in Residence and Rural Districts, Line 15, to change the use category for buildings, uses and facilities for the Town or Regional School District #18 from Permitted as of Right to Permitted by Special Exception, applicant; and
Whereas, the Zoning Commission has held a duly noticed public hearing on June 11, 2007, and the commission has had an opportunity to hear testimony from both citizens of Old Lyme and the general public; 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
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to this Petition to amend the Old Lyme Zoning Regulations Section 21.1 (Schedule A-1) Permitted Uses in Residence and Rural Districts, Line 15, to change the use category for buildings, uses and facilities for the Town or Regional School District #18, from Permitted as of Right to Permitted by Special Exception, Old Lyme Zoning Commission, applicant, effective date July 15, 2007, to ensure that good information is submitted and can be reviewed in the same manner as any other large impact development.
A motion was made by Tom Risom, seconded by and Jane Cable and voted unanimously to move Item 9 up on the agenda.
6. New Business
Chairman Kiritsis explained that several months ago the Commission approved changes to the Regulations in regards to open space in multi-family developments. He noted that at the time there were recommendations from Open Space requesting that the definitions be consistent in both the PRCD and multi-family regulations. Chairman Kiritsis indicated that this was not done at the time and the Commission agreed to address this matter separately, in the future.
Diana Atwood Johnson, Chairman of the Open Space Committee, stated that the Committee sent their recommendations because they are asked to comment on proposals for subdivision for the PRCD in terms of the amount of open space and its location. She indicated that when the Open Space received the PRCD proposal for Four Ponds, a PRCD proposed over 80 acres off of Four Mile River Road, they commented on the open space. Ms. Johnson explained that in reviewing the PRCD Regulation in the Zoning Regulations and in the Subdivision Regulations is very confusing. She stated that she wanted the Commission to look at the result of the PRCD Regulations. Ms. Johnson displayed the Four Ponds proposal, which will result in 28 homes. She pointed out that this PRCD looks very much like a standard subdivision.
Ms. Johnson stated that the definition of Open Space and the principles behind the PRCD are creating common open space for recreation, etc. She indicated that unless it looks different then a regular subdivision their does not appear to be a point in the PRCD. Ms. Cable stated that the point is clustering the buildings resulting in less land disturbance. Mr. Risom indicated that when the PRCD Regulations were written they were modeled on cluster development that was typical in Greenwich and Fairfield county where they were taking the old farm lots and putting cookie cutter homes on them. He indicated that no one liked the look so the PRCD Regulations were written to enable development by clustering the homes and leaving open space. Mr. Risom stated that the Townspeople did not want to allow
developers to increase density by cluster development. He noted that the end result was that there had to be at least one acre under each house in the RU-80 zones, which totally invalidates the PRCD concept. Mr. Risom stated that the PRCD, for this reason, has not been popular with developers as there are more disincentives.
Ms. Johnson stated that she would like to see clustering in the Four Ponds Development and she would like to see the natural features of the land preserved. She indicated that the development should be driven by the conservation values and not by the subdivision value. Ms. Marsh stated that the developers are subdividing for profit. She noted that the Cherrystone’s property is being proposed as a multi-family development because the PRCD is too restrictive. Ms. Johnson indicated that this does not mean the Town has to give in. Ms. Cable stated that they are not giving in, but a developer has the right to decide which Regulations he would like to develop under. Ms. Marsh stated that the Town needs to set the criteria for the PRCD. Ms. Johnson noted that the Regulation needs
to have teeth. She explained that if the PRCD subdivision application meets the Regulation there is nothing the Open Space Committee can do. Ms. Marsh stated that the Committee can reject a proposal. Ms. Johnson stated that it would be better if the Regulations provided guidance. Ms. Marsh indicated that the Zoning Commission cannot rule the Planning Commission. Ms. Johnson stated that both Zoning and Planning need to revise their Regulations in this regard.
Ms. Brown pointed out that the Plan of Conservation and Development, which is a Planning Commission document, has an Open Space Chapter and presumably the Open Space Committee has guidelines to make recommendations. She indicated that this would give the Planning Commission an idea as to what the Open Space Committee’s priorities are so that they can look at a proposal and more actively think about the Open Space.
Ms. Marsh stated that it could be written that no open space will be accepted by an entity, including the Town of Old Lyme or the Conservation Trust, unless it meets the Open Space Committee’s criteria. She indicated that the Subdivision Regulation could be changed to not allow conservation easements because they are difficult to enforce. Mr. Risom stated that Fairway Drive is an example of how the buffer between the homes and Route 156 has been cleared, when it is part of a conservation easement owned by the Homeowner’s Association. He noted that it is difficult to enforce. Ms. Marsh stated that the Open Space Committee needs to assert themselves into the process with the Planning Commission.
Ms. Johnson stated that Granby has model PRCD Regulations which she would like Old Lyme to consider adopting. She shared these Regulations with the Commission.
Chairman Kiritsis questioned whether the Commission wanted to make changes to the existing Regulations, as well as the revised regulations. Ms. Marsh questioned how close the revised regulations are to being adopted. The Commission agreed that it would be appropriate to aim for the fourth Monday in September for a Public Hearing for the revised Regulations. Chairman Kiritsis stated that if this is the case, the Commission should immediately contact Attorney Branse to begin revising the Regulation. Ms. Cable stated that she would like to review everything before a recommendation is made to Attorney Branse. Mr. Johnson suggested that Ms. Brown send each Commission member a copy of the Granby Regulation and the Subdivision Regulation for PRCD’s.
7. Zoning Enforcement
a. Zoning Enforcement Report
The Commission members reviewed the enforcement report. Ms. Brown stated that the Zoning Commission asked for an evaluation of Mr. Tolchinsky’s revised plan, which she has received. She noted that there is no change in the volume of the drawing because the drawings were wrong in the first place, resulting in a building that is no different. Ms. Brown stated that Mr. Tolchinsky and his engineer have acknowledged that they failed to measure a beam, resulting in an additional 10 inches in height. She questioned whether requiring Mr. Tolchinsky to remove another 10 inches of sidewall would result in a building that the Commission would like better. Ms. Brown stated that the engineer has not given a number for the volume of the structure, but noted that with the slope of the roof the volume
is either the same or slightly less than it was. Chairman Kiritsis stated that he would like the number of the volume.
Mr. Risom indicated that taking one foot off the building is not going to make the building more attractive. Ms. Brown noted that Mr. Tolchinsky’s payments are up to date and the Town has received $4,000.00 to date. Mr. Johnson suggested requiring Mr. Tolchinsky to clean the property up before the Zoning Commission signs off. Ms. Marsh agreed and suggested that the property be cleaned up by July 31, 2007 at which time the Zoning Commission will inspect and if satisfactory, will approve the building.
A motion was made by Jane Marsh, seconded John Johnson and voted unanimously that if the property is cleaned by July 31, 2007 the Zoning Commission will accept the structure.
The Commission agreed to set a site walk for August 1, 2007 to inspect the property. Ms. Marsh stated that if the property is not cleaned up by that time, the Commission will require that the building be constructed to the original approved plan.
b. Site Inspection Report
No report. Ms. Brown indicated that the Commission should be receiving an application from Christ the King to modify the surface of the overflow parking.
9. Approval of Minutes
A motion was made by John Johnson, seconded by Jane Cable and voted unanimously to approve the minutes of the May 14, 2007 Regular Meeting and Public Hearing as corrected.
10. Regulation Rewrite
A Regulation Rewrite Meeting was set for Monday, June 25, 2007 at 7:00 p.m. Mr. Johnson suggested that it would be a good time to look at the PRCD Regulations. Chairman Kiritsis asked Ms. Brown to invite Attorney Branse to this meeting.
11. Correspondence
None
12. Miscellaneous/Adjourn
Chairman Kiritsis noted that he would be gone for both the July and August meetings.
A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to adjourn at 10:04 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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