APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, September 10, 2007
The Old Lyme Zoning Commission held a Public Hearing on Monday, September 10, 2007 at 7:30 p.m. in the Phoebe Griffin Noyes Library. Members present were Ted Kiritsis (Chairman), Tom Risom (Vice Chairman), Jane Marsh (Secretary), Jane Cable and Howard Tooker (Alternate, seated). 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 9:08 p.m.
2. Special Exception/Coastal Site Plan Application to construct multi-family residential development, 64 & 66 Hartford Avenue, Raymond Kastner, applicant.
Chairman Kiritsis noted that the Public Hearing for this application has been continued to the October Regular Meeting.
3. Coastal Site Plan Application to demolish existing residence and construct a new three-bedroom residence, 104 Hillcrest Road, Marcy C. Ramondetta, applicant.
Chairman Kiritsis noted that the Public Hearing for this application has been continued to the October Regular Meeting.
A motion was made by Tom Risom, seconded by Jane Cable and voted unanimously to move item 4 up on the agenda.
4. Site Plan Modification Application, 61-1 Buttonball Road, to allow long-term car storage facility, a baseball and softball training facility and a sports training facility, and also to include drainage improvements and driveway paving.
Attorney John Bennet was present to explain the application. He reminded the Commission that they approved an application in May 2004 to construct a building at
61-1 Buttonball Road. Attorney Bennet stated that part of that approval required that Mr. Swaney come back before the Commission any time there was use change. He indicated that there are also two technical modifications to the site that they are proposing. Attorney Bennet stated that he received Ms. Brown’s comments this evening and stated that Ms. Brown has requested that the hearing be continued so that the plans can be modified. He asked the Commission to consider the application this evening because the building was already approved and is in place and the modifications are fairly minor.
Attorney Bennet explained the site plan and noted that the original plan called for a gravel driveway up to the parking areas. He noted that after the site was developed they began to have flooding problems and as a result drainage was installed as shown on the second sheet of the site plan. Attorney Bennet stated that this drainage was approved by the Inland Wetlands Commission but needs Site Plan approval as well. He stated that the other request of the Wetlands Commission was that the entire driveway be paved. Attorney Bennet noted that these are the physical changes to the site.
Attorney Bennet stated that the other change is the tenancy. He noted that the third page of the site plan shows the division of the building by each of three uses. Attorney Bennet noted that one use will be antique car storage, which will use 6,000 square feet of the building. He indicated that there will be room to store 20 cars and work will not be performed on the cars on site. Attorney Bennet stated that the second tenant is a Sports Training Facility for performance and strength training; with as many as ten individuals at any one time. He noted that this is not a walk-in or drop-in type of operation. Attorney Bennet stated that there will be no more than 12 people at any given time, which includes up to two staff members. Tim Yuhas, owner of the sports training business,
noted that training sessions vary but are usually 1.5 to 2 hours. Chairman Kiritsis questioned the number of people per day. Mr. Yuhas indicated that it could be up to 24 people in a day. Attorney Bennet stated that the third unit will be a baseball and softball training facility operated by the Walker brothers. He noted that there will be a maximum number of 10 people at a time; 2 staff members and 8 individuals. Attorney Bennet stated that this operation will primarily be in the afternoons because they train students. He noted that the busy time of year for this business is in the winter. Attorney Bennet stated that the opposite would be true for the car storage facility as they would most likely use their antique car in the warm months, not the winter.
Attorney Bennet stated that the greatest amount of people present at any one time would be 10 for the baseball operation, 12 for the sports training facility and 4 for the car storage facility. He indicated that this totals 26 spaces, assuming everyone comes by themselves and does not carpool. He noted that in this worse case scenario there would be 6 extra parking spaces. Attorney Bennet stated that because the project was originally approved as a warehouse type operation, there are truck parking and loading spaces provided and if the Commission felt more parking was needed, a truck parking spot and turning radius could be eliminated and 5 more parking spaces added. He indicated that the uses proposed are relatively benign and there will be no truck traffic. Ms. Marsh stated that when this
project was originally presented to the Commission the testimony was that there would be very few trucks. She noted that the neighbors were concerned about the traffic on Buttonball.
Attorney Bennet asked the Commission to consider approving the plan this evening, with any modifications they deem necessary. He noted that the tenants are ready to occupy and have plans to make themselves. Ms. Marsh stated that she feels the neighbors should be notified and should have the opportunity to learn about the proposal. Ron Swaney, applicant, stated that he thinks his neighbors thought there was going to be a concrete facility which is what brought them out to the Public Hearing last time.
Mr. Tooker questioned the hours of operation. Attorney Bennet stated that the sports training facility will generally be open 9 a.m. to 9 p.m. or 10 a.m. to 8 p.m.; the baseball facility will be open 3 p.m. to 8 p.m. during the week and weekends 9 a.m. to 4 p.m. Saturdays and 12 p.m. to 6 p.m. on Sundays. Mr. Swaney noted that the people storing their cars will take them in and out themselves. Ms. Brown questioned whether the vehicles will be washed on site. Mr. Swaney replied that the cars will not be washed on site.
Mr. Tooker noted the additional number of bathrooms drawn on the site plan. He noted that the septic system was approved on the original plan, but noted that the use is different. Mr. Tooker indicated that the Commission needs better plans. Ms. Cable questioned why the Inland Wetlands Commission wanted the driveway paved. Ms. Brown explained that it was a matter of trying to keep the gravel surface in place with the additional activity at the site.
Ms. Brown stated that because of the location of the facility, most parents will probably be waiting while the lessons are going on. She noted that there may be a parking overlap when one class is finishing and the next class is arriving.
The Commission agreed to hold a public hearing at the October Regular Meeting. Chairman Kiritsis asked for more detailed drawings. Attorney Bennet indicated that he did not contemplate that a public hearing would be required.
Ms. Brown stated that they need a drawing that shows how the site is proposed at completion and in doing so can note what is existing today and what is proposed as part of this application.
A motion was made by Tom Risom, seconded by Jane Cable and voted unanimously to schedule this application for Public Hearing on Wednesday, October 10, 2007.
Mr. Tooker reiterated that he would like the interior plan to show bathrooms, showers, etc., on the site plan. Attorney Bennet noted that the bathrooms are not a zoning issue. He indicated that he will update the floor plan for the Commission.
5. Site Plan Application to convert a portion of existing office building to restaurant use, reconfigure parking and the addition of a paved patio to accommodate outside dining, 11 Halls Road, Graybill Properties, LLC, applicant.
Ms. Cable stated that Ms. Balint is concerned about the cutting and if the Commission were to approve the application she would like it to be contingent on a more formal cutting plan. She noted that cutting undergrowth is one thing, but they need to be clear whether they will be lopping off low branches. Ms. Cable stated that Ms. Balint is concerned that it will be clear cut for views. Mr. Risom stated that he would like to see this as a condition of approval.
Ms. Marsh stated that it bothers her that there was no discussion on where the water drains to from the parking lot. She noted that if the water goes down through the DEP property as was stated, than there should be an easement. Ms. Marsh stated that it may have drained in that direction all along, but now they are constructing a much more formal parking lot. Mr. Risom stated that another condition could be that in the final grading during the repaving process, the run-off be controlled from a crown created near the entrance. Ms. Marsh suggested a condition be that this issue be addressed with Tom Metcalf. Ms. Brown stated that Mr. Metcalf has reviewed the application and it would be unusual for him to review an application and not comment on drainage if there was a problem. Ms. Marsh
asked Ms. Brown to see if Tom Metcalf feels a drainage easement would be required by DEP. Ms. Brown stated that the real question is does he feel the drainage onto DEP property would be more than it is currently.
Ms. Cable noted that Mr. Metcalf suggested that the Commission stipulate that the restaurant is only to serve breakfast and lunch.
Ms. Brown stated that she would like the Commission to address whether the boundary along Halls Road should be a front setback or a side setback. She noted that the reason she feels it is a street line setback is because it used to be the road and the property was laid out with this as the street line. Ms. Brown stated that the five new spaces are in the setback in this area. The Commission agreed that the road has been eliminated and it is no longer a street setback; the lot is landlocked. Ms. Marsh stated that this is a rear lot on a right-of-way and questioned what this does to its zoning status. Ms. Brown read Section 8.9.3 and noted that it does not apply and the building can be enlarged. The Commission found that there is no street line for this lot.
A motion was made by Tom Risom, seconded by and voted unanimously to approve Site Plan Application to convert a portion of existing office building to restaurant use, reconfigure parking and the addition of a paved patio to accommodate outside dining, 11 Halls Road, Graybill Properties, LLC, applicant, with the following conditions:
1. Clearing shall be limited to eliminating bittersweet and similar intrusive vines, pruning branches lower than 6’ above the ground and thinning underbrush. In no case is clear-cutting of trees or shrubs allowed.
2. Tom Metcalf to determine that there would be no easement required for the drainage coming off the impervious surface and if one is required, the applicant must get it.
3. Limited to serving breakfast and lunch.
4. Add pergola and trellises to the site plan.
5. Restaurant is limited to a total of 55 seats, both inside and outside.
6. Septic system components and propane tank to be relocated outside of the 50’ of the Lieutenant River.
7. Well to be removed or relocated to a conforming location.
8. Commission waives the requirement for an island in the parking lot by allowing more than 15 spaces in a row.
The Commission also finds that there is no street line on this property.
6. Zoning Enforcement.
a. Zoning Enforcement Report
No report.
b. Site Inspection Report
No report.
7. Approval of Minutes
A motion was made by Jane Cable, seconded by Tom Risom and voted unanimously to approve the minutes of July 9, 2007 Regular Meeting and Public Hearing, the August 13, 2007 Regular Meeting and Public Hearing and the August 27, 2007 Special Meeting.
8. Regulation Rewrite
Chairman Kiritsis noted that the Library is not available for the October 10, 2007 Regular Meeting. He noted that the lawsuit has been settled and questioned whether, from here forward, the Commission would be willing to hold all meetings at the Parish Center.
Mr. Risom indicated that he believes in the separation of church and State and would like to continue holding regular meetings at the Library. Ms. Cable agreed. Chairman Kiritsis noted that the acoustics have not been good in the library.
It was agreed that the October Regular Meeting would be held at the Church of Christ the King Parish Center.
A Regulation Rewrite Meeting was set for Monday, September 24, 2007 at 7:00 p.m. at the Church of Christ the King Parish Center.
9. Correspondence
None
10. Miscellaneous/Adjourn
Ms. Brown noted that Mr. Tolchinsky has installed a septic system on his property that does not comply with the approved site plan. She indicated that she asked Mr. Metcalf to review the septic design and Mr. Metcalf has indicated that it does not comply with Public Health Code, although the Sanitarian has approved the plan. Ms. Brown stated that ultimately, Bob Scully of the DEP reviewed the plan and indicated that it does not comply with health code. She explained that she will be meeting with Bob Scully, Ron Rose, Tom Metcalf and perhaps Mr. Tolchinsky, to resolve the design.
Ms. Brown stated that Mr. Rose also signed off on the plan for Hartford Avenue and then rescinded it because of Mr. Metcalf’s review. Mr. Kiritsis indicated that it is for this very reason that he would like Mr. Rose to sign the actual plan he has reviewed, rather than submitting to the Commission a letter of approval. He noted that in this way it will be clear who has approved what drawing. Ms. Brown suggested a meeting between Zoning, Health and the First Selectmen.
A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to adjourn at 10:40 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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