APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF PUBLIC HEARING
Wednesday, November 14, 2007
The Old Lyme Zoning Commission held a Public Hearing on Wednesday, November 14, 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), and Jane Cable. Also present was Ann Brown, Zoning Enforcement Officer.
Chairman Kiritsis called the Public Hearing to order at 7:32 p.m. Ms. Marsh read the legal notices.
1. Special Exception Application to construct a 6’ fence in the front setback, 228 Shore Road, Robert Conrad, applicant.
Chairman Kiritsis noted that this Public Hearing was continued from the October Regular Meeting because the applicant was not present. Ms. Brown stated that Ms. Bartlett wrote the applicant to remind him of tonight’s hearing and emphasize the importance of his or his repersentative’s presence.
A motion was made by Jane Cable, seconded by Tom Risom and voted unanimously to table this item to later in the evening.
2. Site Plan Modification Application to modify parking, 84 Lyme Street, Lyme Academy of Fine Arts, applicant.
Ms. Marsh read the legal notice for the record and the list of exhibits. She read a letter from James Dirsick, State Traffic Commission, dated October 29, 2007, noting that there is a valid permit for 312 parking spaces, including those in the overflow parking area adjacent to the I-95 on ramp. Ms. Marsh read a letter from the Lyme Academy to the Zoning Commission dated October 3, 2007, indicating that they are requesting that they be able to reactivate the I-95 lot as a parking facility with the understanding that the lot will be used primarily during daylight hours, Monday through Friday and by college students or personnel only; the college requests that this be in lieu of submitting a plan for a parking facility on the property known as 77 Lyme Street. Ms. Marsh noted that the Lyme Academy
indicates in their letter that this plan was designed with the agreement of their neighbor, Dr. Jeffrey Miller.
Mary Orcutt, Vice President of Finance and Administration for Lyme Academy, stated that there was a question as to the State’s opinion of the use of the I-95 lot and after discussion with him and his review of the file all the State could do was reiterate what was in the file. She noted that they have not done a traffic study of any sort beyond what was done several years ago during the permitting process. Ms. Orcutt stated that she has also spoken with the Resident Trooper. Chairman Kiritsis questioned why they cannot use the lot on the south side of Dr. Miller. Ms. Orcutt noted that that particular lot becomes very muddy. Chairman Kiritsis noted that there is gravel underneath. He noted that after the Town used the lot as a staging area, the contractor put topsoil on top.
Ms. Marsh questioned whether there is any reason they cannot remove the topsoil and use that lot. Ms. Orcutt noted that that would be quite an expense. Ms. Marsh stated that it is puzzling that on one hand it is an expense, but on the other hand they are still planning to use the lot. Ms. Orcutt stated that they use it for Arts Fall and for graduation. Ms. Marsh stated that there were quite a number of events listed; more than two events.
Ms. Brown supplied a copy of the original approval dated January 10, 2005, which details what the area at 77 Lyme Street could and could not be used for prior to the College establishing a more formal parking area there. She explained that this is probably why those events are being reiterated.
Mr. Risom indicated that once the parking lot in Phase 5 was completed the lot at 77 Lyme Street would be abandoned. Ms. Orcutt agreed. Diane Atwood-Johnson indicated that she was Chairman of the Board at the time of the original application. She noted that she does not believe the lot at 77 Lyme Street was going to be eliminated, but indicated that it would still be used for overflow.
Ms. Johnson stated that when the Academy made the initial presentation about how many parking spaces were needed and how much the Academy was going to expand, Hank Putsch calculated the spaces on the largest day of the year. She noted that this resulted in a calculation of 400 parking spaces. Ms. Johnson stated that this calculation was based upon parking requirements for a special event. She noted that the reality of it is that they don’t even need the number of spaces that they have. Ms. Johnson noted that one does not see any parking along the street. Ms. Marsh stated that her recollection is that the first expansion was allowed based on the other half of the property being joined to it because the parking could not fit on one side of the road. She noted that the Regulations
required more parking for the use and the Academy was already given a dispensation on parking requirements. Ms. Marsh stated that this was the figure provided by Mr. Putsch. She reiterated that his number was lower than what was required by the Regulations. Ms. Marsh stated that the Academy would not have been able to build that much square footage if they had not agreed to build the parking. Ms. Marsh noted that a parking lot next to I-95 was considered very undesirable because of the stacking at the traffic light and the fact that some one had already been injured at that location. She noted that she remembers that the State was not in favor of a parking lot at that location.
Ms. Atwood questioned the reason for requiring parking that is not needed. Ms. Marsh stated that the Academy has provided a list of six events when the parking is needed. She indicated that other uses have been required to build parking for their peak usage. Ms. Johnson stated that they could abandon the Town events. Ms. Marsh stated that they could do that, but even so, they want to use more of the property and that is the Academy’s decision. She noted that it is not relevant that the Academy says they don’t have enough money to finish the project. Ms. Marsh stated that they built all the buildings that this parking is required for and the buildings are being used. She noted that she occasionally sees cars in the overflow lot. Ms. Marsh stated that they may only
be using the lot for convenience. Ms. Johnson stated that they have blocked the lot off recently.
Chairman Kiritsis suggested that perhaps the Town’s contractor could be asked to scrape off the topsoil. Ms. Johnson indicated that she was not aware that the lot was ever prepared with a hard surface, only that gravel was added to deep, wet spots.
Ms. Marsh stated that a parking plan was to be submitted by December 13, 2007, to prevent the site plan from expiring. She noted that the Lyme Academy administration was happy with this condition at the time. Ms. Johnson disagreed and noted that the Academy was not necessarily happy. She questioned constructing parking that is not needed. Ms. Marsh stated that the Zoning Commission does not grant variances. She noted that the Lyme Academy received an approval that they accepted and did not appeal. She indicated that it would not appear that they want this approval negated.
Ms. Brown stated that it is her understanding that the berm was part of the approval to be constructed when the 30 parking spaces were constructed at 77 Lyme Street. She noted that the Commission deliberated long and hard to figure out how to protect Dr. Miller’s property. She noted that Dr. Miller contacted Ms. Brown twice since the October Meeting and asked that she tell the Commission that he is not opposed to the Commission allowing the use of the I-95 lot rather than building 30 spaces to the south, although he was concerned and asked that they keep in mind that if there is development on the south side (77 Lyme Street) he would like the berm. Ms. Johnson agreed that the berm was related to the parking at 77 Lyme Street. Ms. Johnson introduced the new President of Lyme Academy, Ms.
Petke.
Ms. Johnson stated that there is currently no application to develop the 40 acres on the east side of Lyme Street and there is not a daily need for the additional 30 parking spaces. She noted that there are two major events where they need more than 30 spaces. Ms. Marsh noted that there are also frequent openings. Ms. Johnson acknowledged that there are about 7 openings a year. She pointed out that the lot by I-95 has been used for years, it is already graveled and has decent lighting. Ms. Johnson also noted that they hire a policeman for the crosswalk for special events.
Mr. Risom stated that the Academy agreed in 2005 that the overflow parking would be at 77 Lyme Street and the I-95 lot was to be abandoned. Ms. Brown stated that the 2005 approval expected that there would be a 30 space parking lot, not just on gravel in the middle of a field, but actually designed out. She noted that scraping the dirt off 77 Lyme Street would not meet the intent of the original approval. Ms. Johnson indicated that the Academy can not afford to construct this lot.
Mr. Risom stated that the Academy is now putting the Zoning Commission in an ackward position. Ms. Johnson stated that when the Commission originally approved the application based on incorrect figures from Mr. Putsch. Mr. Risom noted that the Zoning Regulations require 140 parking spaces and the Commission, regardless of Mr. Putsch’s figures, allowed only 100 parking spaces, 70 and 30. Ms. Johnson stated that the reality is the actual usage and they do not need 30 more spaces.
Ms. Cable stated that the lot at 77 Lyme Street is a much safer location for parking. Mr. Risom agreed. He indicated that he is not inclined to change the Commission’s decision from January 2005 because the Commission would lose credibility.
Ms. Marsh stated that the Commission was emphatic that they did not want the I-95 lot used and it has been all this time. She noted that at some point the Commission has to say no, this is not what was supposed to happen. Ms. Marsh stated that the Academy has been given several years of a half-finished project and she would feel bad if she did not require that the north lot be closed and the 30 parking spaces constructed.
No one present spoke in favor or against the application. Hearing no further comments, Chairman Kiritsis called this Public Hearing to a close.
3. Special Exception Application to construct a 6’ fence in the front setback, 228 Shore Road, Robert Conrad, applicant.
Chairman Kiritsis noted that the applicant is still not present. Ms. Brown noted that the application is out of time and the Public Hearing must be closed this evening.
A motion was made by Jane Cable, seconded by Tom Risom and voted unanimously to close the Public Hearing for this item.
The Public Hearing adjourned at 8:24 p.m. on a motion by Jane Cable, seconded by Tom Risom and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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