APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Wednesday, October 10, 2007
The Old Lyme Zoning Commission held a Public Hearing on Wednesday, October 10, 2007 at 7:30 p.m. at the Church of Christ the King. Members present were Ted Kiritsis (Chairman), Tom Risom (Vice Chairman), Jane Marsh (Secretary), Jane Cable, John Johnson (arrived at 7:35 p.m.), Steve Ames (Alternate) and Howard Tooker (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 9:06 p.m.
A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to move item 5 up on the agenda.
2. Site Plan Modification Application to modify Parking, 84 Lyme Street, Lyme Academy of Fine Arts, applicant.
Fred Osborne, President of the Academy, stated that they have a site plan modification application in response to the Commission’s request that they identify 30 additional parking spaces based on projected growth and enrollment.
Mr. Osborne explained that the original thought was that the additional spaces would be located south of Dr. Miller’s house in the lot known as 77 Lyme Street. He indicated that there is currently an existing parking lot north of Dr. Miller’s house which is currently overflow parking on major events. He indicated that they would like to use this lot as the additional 30 parking spaces.
Ms. Brown stated that Phase V has not gone forward to date and part of this phase was 30 more spaces needed for Phase IV. She noted that the last modification and requirement was these additional 30 parking spaces be presented on a plan by December of 2007. Ms. Brown stated that the Academy is asking to modify that requirement to eliminate the 30 spaces south of Dr. Miller and to utilize the existing parking lot which was to be abandoned in this process.
Ms. Brown noted that the parking lot was to be abandoned for many reasons. Mr. Osborne indicated that he was not here at the time so he is not aware of all the history. He indicated that they had agreement to use the lot for some Town occasions as well as major events at the college. Mr. Kiritsis noted that the use of the lot on the north side was discouraged because of safety issues.
Mr. Osborne stated that he spoke with Trooper O’Donnell regarding the safety of the turn onto Lyme Street and the 95 entrance ramp. He indicated that Trooper O’Donnell has indicated that he has no concerns about it and noted that there is an existing crosswalk that is marked and needs to be repainted. Mr. Johnson noted that there was a loss of life on that crosswalk. Ms. Brown stated that there was testimony at the hearing that the amount of traffic that could accumulate at that location because of the light and crossing traffic would make the entrance to that parking lot totally undesirable. She noted that this answer came from the State DOT, not the local trooper.
Mr. Osborne stated that the lot on the south side would require construction, shielding Dr. Miller, paving and drainage and it would seem that it would be more prudent to use an existing parking area. Ms. Marsh stated that the parking on the north is not paved and there is no lighting there either. Ms. Marsh stated that the 30 additional spaces is required parking for what has been built already, not for the next phase. She indicated that this was an allowance given to the Academy at the time because there was not enough space on the other side of the road.
Mr. Osborne stated that they did parking counts at peak times and there were still spaces available in the existing lot. He noted that there did not appear to be a need for additional parking. Ms. Marsh stated that it was for that reason that the Commission gave the Academy until December 2007 to construct the additional 30 spaces. She noted that there is still building volume and size to require the parking spaces. Ms. Marsh stated that the existing lot is not a favorable location and it was not what anyone wanted to see used.
Ms. Brown stated that the north lot was to be abandoned and was to be barricaded. Mr. Ames questioned why the Academy cannot come back and ask for a change to that. Mr. Risom stated that they are only accepting the application this evening and giving some guidance to the applicant. Mr. Johnson asked Ms. Brown to provide the minutes and certificates of decisions for the Academy. Ms. Brown indicated that she does not have the entire file here this evening.
The Commission agreed to hold a Public Hearing at the November Meeting. Mr. Ames indicated that if Ms. Marsh is concerned with traffic, then the Commission should ask the DOT for newer information so the applicant is not held up. Mr. Risom disagreed. Ms. Brown indicated that that should be the applicant’s responsibility.
Mr. Osborne introduced Mary Arkin, Vice President of Finance and Administration, who helped Mr. Osborne prepare the application.
A motion was made by John Johnson, seconded by Jane Cable and voted unanimously to hold a public Hearing for this item at the November Meeting.
3. Special Exception/Coastal Site Plan Application to construct multi-family residential development, 64 & 66 Hartford Avenue, Raymond Kastner, applicant.
Chairman Kiritsis noted that Mr. Tooker will be voting in place of Mr. Johnson for this item.
Ms. Cable indicated that she is inclined to approve the application contingent on the outcome of Monday’s meeting and Mr. Metcalf’s review.
Ms. Brown stated that there is a fence issue that the Commission should resolve. She noted that if there is an engineering disaster that would require changes, then it would be a modification that would have to come back to the Commission. Mr. Risom stated that given everything goes well Monday and Mr. Metcalf has no comments, could everything move forward prior to the scheduled November 5 paving. Ms. Brown replied that it could.
Ms. Cable indicated that a positive outcome of Monday’s meeting could be a requirement as long as there is not a major redesign or moving of the septic system. Ms. Marsh noted that there is also the contingency of the neighbor moving the well. Ms. Cable noted that that detail is on the plan. Ms. Brown stated that the letter and plans state that the well will be removed prior to a C.O. She indicated that she has heard that the well may not be abandoned until the reserve area needs to be used. Ms. Cable noted that the plan shows the well being removed. The Commission agreed to add this as a condition to be sure it is removed.
A motion was made by Ms. Cable, seconded by Jane Marsh and voted unanimously to approve the Special Exception/Coastal Site Plan Application to construct multi-family residential development, 64 & 66 Hartford Avenue, Raymond Kastner, applicant, as follows:
Whereas, the Zoning Commission has received a Special Exception/Coastal Site Plan application, Plan titled, “Ray Kastner, 64/66 Hartford Avenue, Old Lyme, Connecticut,” dated February 6, 2007 with revisions through 10/9/07, 2 sheets;
Whereas, the Zoning Commission has held a duly noticed public hearing on September 10, 2007 and October 10, 2007, and the commission has had an opportunity to hear testimony from both citizens of Old Lyme and the applicant; and
Whereas, the proposed use is permitted under the Old Lyme Zoning Regulations with the approval of a Coastal Site Plan, 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:
1. Pending Mr. Metcalf’s review comments.
2. A positive outcome from the meeting on Monday, October 15, 2007 with Bob Scully and Ron Rose.
3. With a compliant 3-foot scalloped fence.
4. Lighting as per lighting details submitted as part of application.
5. Neighboring well to be abandoned as shown on the site plan.
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;
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 has deliberated and considered the evidence presented at the hearing as well as the input of its staff and professional consultants; and
Whereas, although the Zoning Commission has received comments from the Office of Long Island Sound Programs of the Department of Environmental Protection, after submitting the application materials to them for review, the Commission determines that the application and plans as they will be revised are consistent with the goals and policies of the Coastal Management Act;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to Raymond Kastner for the Special Exception/Coastal Site Plan titled, “Ray Kastner, 64/66 Hartford Avenue, Old Lyme, Connecticut,” dated February 6, 2007 with revisions through 10/9/07, 2 sheets, with the modifications/conditions specified. An As-Built Plan must be submitted prior to issuance of Certificate of Zoning Compliance.
4. Coastal Site Plan Application to demolish existing residence and construct a new three-bedroom residence, 104 Hillcrest Road, Mary C. Ramondetta, applicant.
Chairman Kiritsis noted that Mr. Tooker would be voting for Mr. Johnson for this item.
A motion was made by Jane Cable, seconded by Tom Risom and voted unanimously to approve the Coastal Site Plan Application to demolish existing residence and construct a new three-bedroom residence, 104 Hillcrest Road, Mary C. Ramondetta, applicant, as follows:
1. Plan to be revised to show the distance from the deck to the mean high tide line accurately, both as a dimension on the plan showing the actual closest distance and in the Zoning Data Table.
2. The final approved site plan shall be included in the construction drawing set.
3. Those structures in the flood zone will be constructed in compliance with FEMA requirements.
4. Referencing Sheet A8 with a final revision date of October 14, 2007 as the final front/rear elevation plan.
5. 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.
Chairman Kiritsis noted that Mr. Johnson would be voting for the remainder of the meeting. Mr. Risom noted that the applicant indicated that he would leave the driveway at 20’ in width and add 430 square feet to the property. Mr. Johnson noted that the lot line change would have to go to Zoning. Ms. Marsh agreed. Mr. Johnson stated that that will add a few months to their time schedule. He suggested that the Commission approve an 18’ driveway subject to Fire Marshal approval.
Mr. Johnson suggested that another condition of approval be that the site plan be completed, as it should have been done in 2002. Ms. Cable stated that they also need to be very clear that the storage is for twenty vehicles, cars or boats at any one time. Mr. Tooker questioned whether all the paving would be done before he gets a C.O. Ms. Brown stated that all site work will be completed before they can occupy the building. Mr. Risom indicated that the applicant will also produce a stamped/sealed as-built showing all improvements. Ms. Cable indicated that the applicant is eager to get the tenants in.
A motion was made by John Johnson, seconded by Tom Risom and voted unanimously to approve the 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, as follows:
Whereas, the Zoning Commission has received a Site Plan Modification Application, Plan titled, “Improvement Location Survey, property of Ronald J. Swaney, 61-1 Buttonball Road, Old Lyme, Connecticut,” dated September 7, 2006 with revisions through 10/10/07;
Whereas, the Zoning Commission has held a duly noticed public hearing on September October 10, 2007, and the commission has had an opportunity to hear testimony from both citizens of Old Lyme and the applicant; and
Whereas, the proposed use is permitted 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:
1. All site work shall be completed prior to Zoning Compliance being issued and the building being occupied.
2. An as-built plan shall be submitted prior to Zoning Compliance.
3. Driveway width approved at 18’ with approval from the Fire Marshall.
4. Storage of vehicles is limited to 20 cars and/or boats and/or motorcycles.
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;
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 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 Ronald Swaney for the Site Plan Modification titled, “Improvement Location Survey, property of Ronald J. Swaney, 61-1 Buttonball Road, Old Lyme, Connecticut,” dated September 7, 2006, with revisions through 10/10/07, with the modifications/conditions specified. An As-Built Plan must be submitted prior to issuance of Certificate of Zoning Compliance.
6. Special Exception Application to construct a 6’ fence in the front setback, 228 Shore Road, Robert Conrad, applicant.
A motion was made by Jane Cable to take this item off the table and continue the Public Hearing to the November Meeting. Seconded by Jane Cable, so voted unanimously.
7. Zoning Enforcement.
a. Zoning Enforcement Report
No report. Chairman Kiritsis indicated that he would like to see the enforcement report sent with the agenda and minutes.
b. Site Inspection Report
No report.
8. Approval of Minutes
A motion was made by Jane Cable, seconded by Tom Risom and voted unanimously to approve the minutes of September 10, 2007 Regular Meeting and Public Hearing as clarified.
9. Regulation Rewrite
Chairman Kiritsis stated that at the last Regulation Rewrite Meeting the Commission made a decision to not incorporate the Gateway Regulations. He noted that since that time he has done some research. He indicated that Old Lyme joined Gateway on May 14, 1974 and Old Lyme has accepted the Gateway Regulations. Chairman Kiritsis stated that he would like the Commission to reconsider adding the Gateway Regulations to the newly revised Regulations.
Mr. Johnson stated that he is opposed to discussing the Gateway Regulations this evening. Ms. Marsh stated that she specifically requested that the item be revisited at the next Regular Meeting, which is this evening.
A motion was made by Jane Marsh, seconded by Jane Cable, and voted to approve the Gateway Standards, as revised in 2004, to be incorporated into the Old Lyme Zoning Regulations per the membership agreement in Gateway. Motion carried, 4:1, with Mr. Johnson voting against.
A Regulation Rewrite Meeting was scheduled for Monday, October 22, 2007.
Ms. Brown stated that there are still some outstanding items such as a storm water section, a final letter from Attorney Branse and other small items. The Commission agreed to address these items on the 22nd and hopefully move forward with a Public Hearing in December.
Ms. Brown stated that the Sanitarian, Bob Scully, Tom Metcalf and she are meeting on Monday to discuss the modifications to the Tolchinsky site plan. She indicated that Mr. Scully will be the judge of whether it complies with State Health Code. Ms. Cable stated that Mr. Tolchinsky relied on an approval from a Town Agent that may have been wrongly issued. Ms. Brown stated that there is approval of a system that apparently does not comply with Public Health Code. Ms. Brown stated that she has assertions that it was not even constructed to that plan. She indicated that she issued a Cease and Desist Order.
Ms. Brown stated that the 64/66 Hartford Avenue site plan also had Health Department approval twice. She noted that Mr. Metcalf has a concern with the test pits. She noted that the south side of the lot has two good test pits. Ms. Brown stated that there are three other test pits on the property; two have fill and one has peat. She noted that none of these three are good test pits. Ms. Brown stated that there are no test pits in the area of the new system and the reserve for building two. She indicated that there are questions as to the suitability of the soil.
Chairman Kiritsis stated that Brian Kyle has resigned as an alternate to the Zoning Commission. He read Mr. Kyle’s letter of resignation and noted that the First Selectman accepted his resignation.
10. Correspondence
None.
11. Miscellaneous/Adjourn
A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to adjourn at 10:16 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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