APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF SPECIAL MEETING
Monday, June 29, 2007
The Old Lyme Zoning Commission held a Special Meeting on Monday, June 29, 2007 at 7:20 p.m. in the Auditorium of Memorial Town Hall. Members present were Ted Kiritsis (Chairman), Jane Marsh (Secretary), Jane Cable, John Johnson (arrived at 7:40 p.m.) and Steven Ames (Alternate, seated). Also present was Ann Brown, Zoning Enforcement Officer and Attorney Mark Branse.
1. Convene Meeting; announcement of voting alternates.
Chairman Kiritsis called the meeting to order at 7:00 p.m.
2. Regulation Rewrite
Recording Quality at Library - Discussion
Chairman Kiritsis stated that Ms. Bartlett has indicated that the acoustics at the Library are not favorable and she is having difficulty hearing. Ms. Marsh suggested that they change their set-up. Ms. Brown indicated that it is a very good microphone and can pick up voices in the rear of the auditorium of Town Hall. Chairman Kiritsis stated that people are confused as to the location of the meetings also. Ms. Cable noted that the Historic District Commission is meeting at Lyme Academy. Chairman Kiritsis indicated that the VFW is meeting at the Senior Center. Ms. Cable noted that Lyme Academy is an alternate location if the Library does not work.
Chairman Kiritsis suggested using the library one more time and consider the recording quality after that meeting.
Regulation Rewrite
Section 8.9.3
Attorney Branse stated that the Board expressed concern at the last meeting that if the standards were relaxed, someone could use the relaxed standard and still get a variance. He agreed that this can happen and noted that the Commission cannot regulate the ZBA’s granting of variances. Attorney Branse explained that in the Town of East Haddam, every nonconforming lot requires a Special Exception to put on addition. He noted that the ZBA cannot vary the requirement of a Special Exception. Attorney Branse stated that if the Commission wants to require a Special Exception for additions on nonconforming lots, they will have to develop criteria. He stated that they could have a special exception that says on nonconforming lots, side yards may be reduced by the Commission by up to 20 percent. Attorney Branse stated that the Commission could have standards that say in reviewing a Special Exception on a nonconforming lot, the Commission shall examine the concentration of adjoining
lots in the area, proximity to bodies of water and other natural resources, i.e., discretionary things. He noted that in this way the criteria allows the Commission to take into consideration the surrounding natural resources and gives the Commission discretion to deny.
Mr. Johnson arrived at this time (7:40 p.m.).
Attorney Branse stated that the current Section 8.9.3 is on Page 3 of revised Section 9. He noted that it is basically the same language. Attorney Branse stated that the question is whether they would like to require a Special Exception to construct additions on nonconforming lots in R-10 Zones. Ms. Cable stated that they must be careful that allowing increases on a nonconforming lot does not increase other nonconformities other than bulk. Ms. Brown stated that the intention was that everything is conforming except for the underlying lot size or shape. Attorney Branse stated that he will look at East Haddam’s Regulations because they have many of the same issues as those facing Old Lyme’s beach areas. He indicated that their Regulations seem to be working.
The Commission discussed whether the change to Section 8.9.3 would also apply to new lots. The Commission members agreed that they would not.
Attorney Branse stated that he did change the request of the Commission that the property must meet all Health Codes. He indicated that he added to meet all Health Codes without waivers, because the Health Code allows waivers.
Attorney Branse stated that the Town of Westbrook received a grant from the State Health Department and DEP to draft a effluent disposal ordinance. He noted that Westbrook is under Orders to construct a sewer system. Attorney Branse explained that Westbrook asked for the opportunity to prove that sewers are not necessary. He noted that the DEP sent its waste water people and the Health Department sent its effluent disposal people to work with the Director of Health in Westbrook. Attorney Branse stated that they have come up with an Ordinance that is an educational tool; people are reminded every five years to pump their septic system. He noted that the haulers are required to report the results of their inspections on a web-based system so there is no data entry for the Town. Attorney
Branse stated that the Health Code allows expansion, even of bedrooms, as long as the property owner can prove that they could install a conforming system on the site. He noted that under the Westbrook Ordinance, if flow is increased, which is conversion from seasonal to year round or an increase in bedrooms, the system is designed and installed. Attorney Branse stated that both the DEP and Department of Health supported this Ordinance. Mr. Risom stated that the Old Lyme WPCA started the same type of program. He noted that the difference is that the haulers do not input the data, but they do supply the information to the Town.
Attorney Branse stated that in April of 2007 he submitted a new revision with a cover memo. Ms. Marsh indicated that the Commission has not discussed the memo.
Open Space/PRCD
Chairman Kiritsis noted that there was concern expressed by the Open Space Committee about how the term “open space” is used in the PRCD for multi-family, and in the subdivision regulations for multi-family. He noted that there are two different definitions for “open space,” and the Open Space Committee suggests that it would be good to use the same definition in the Zoning Regulations as the Subdivision Regulations. He noted that Diana Atwood-Johnson, Chairman of the Open Space Committee and George James, member, were present this evening.
Attorney Branse stated that open space is not defined in the PRCD section because definitions are in Section 3 of the Regulations. He read the definition of open space in the Zoning Regulations. Ms. Johnson stated that she is suggesting that the definition of open space be the same as the definition in Section 5.10 of the Subdivision Regulations. She stated that the Open Space Committee would like to have the emphasis on the natural resources and the quality of the land. Ms. Johnson stated that currently, that is not happening.
Mr. Risom stated that one has to expect a developer to maximize his dollars, which is only fair. Ms. Johnson stated that under the current regulations a PRCD Subdivision appear to be nothing more than a standard subdivision. Attorney Branse agreed and noted that most Towns have a conservation subdivision, which is similar to Old Lyme’s PRCD, and then have a PRCD regulation for multi-family. Mr. Ames stated that the Town of Old Lyme seems to discourage subdivision because they would like to have more cluster housing developments.
Attorney Branse stated that he can make the definitions identical. George James questioned whether they can require that the open space be given to the Town. Attorney Branse indicated that it can be written into the Regulations for PRCD’s.
Attorney Branse noted that the Wetlands Commission reviews subdivisions in an advisory manner to the Planning Commission and they can say that there is a high-quality vernal pool and request that the Planning Commission require the bulk of the open space to be in the vernal pool area.
Ms. Johnson stated that she would like the Town to give developers more direction in the Subdivision Regulations. Ms. Brown indicated that the Zoning Commission does not write the Subdivision Regulations. Ms. Johnson stated that the Zoning Commission should read the Granby Regulations and note the good requirements for open space. She noted that those regulations allow for usable open space in addition to protecting ponds. Ms. Johnson stated that the Zoning Commission could apply these standards to PRCD’s. Mr. James noted that the point of the PRCD is to eliminate sprawl. Attorney Branse stated that he will require, as part of the PRCD approval process, a recommendation from Open Space.
Attorney Branse discussed the proration of the percent of steep slopes, wetlands, etc., as part of the open space. He cautioned the Commission that when these percentages are set, the Commission loses flexibility. Attorney Branse stated that he has seen instances where Commissions were not able to preserve all the wetlands they would have liked because it put them over the percentage. He noted that then they are absolute and cannot be varied.
Ms. Brown questioned whether the Zoning Commission could be the approving body for PRCD’s. Attorney Branse stated that it is almost always done by the Zoning Commission or a joint Planning/Zoning body. He noted that the Zoning Commission would grant a Special Exception for the PRCD and the Planning Commission would then approve the subdivision. He noted that the Zoning Commission has currently delegated this to the Planning Commission. Attorney Branse stated that requiring the two approvals can be difficult because the two Commissions could have different requirements. Ms. Marsh suggested that instead of requiring the two approvals, they should try to work with the Planning Commission in getting them to understand the importance of the open space.
Attorney Branse asked that the Commission review the last memo.
Office Complex – 2 Huntley Road
Chairman Kiritsis noted that at the last Regular Meeting, the applicant withdrew the application and submitted a new application. He noted that the applicant submitted the application that evening without the paperwork and application fee. Chairman Kiritsis explained that the Commission did not set the Public Hearing date, although it was implied.
A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to schedule the Public Hearing for the Special Exception/Coastal Site Plan Application for an office complex, 2 Huntley Road, for the July 9, 2007 Regular Meeting.
Ms. Brown noted that she thought the Public Hearing could be held for the Regulations on the fourth Monday in September. She noted that in this way, the proposal could go out mid-August for the 35-day referrals. Attorney Branse indicated that Mr. James gave him two pages of small changes that he would like to see in the Regulations. He stated that he would incorporate what he deems appropriate and send it on to the Commission.
Ms. Brown indicated that she would have Ms. Bartlett send each Commission member another April 18, 2007 memo from Attorney Branse.
3. Adjourn
A motion was made by Jane Cable, seconded by Steve Ames and voted unanimously to adjourn at 9:35 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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