APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF SPECIAL MEETING
Wednesday, November 14, 2007
The Old Lyme Zoning Commission held a Special Meeting 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.
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 8:25 p.m.
2. Special Exception Application to construct a 6’ fence in the front setback, 228 Shore Road, Robert Conrad, applicant.
Mr. Risom noted that the fence has no sight line implications. Chairman Kiritsis stated that the Regulation considers more things than sight line. Mr. Risom agreed and noted that none of them are being violated.
Ms. Marsh stated that the applicant is supposed to provide evidence as to why a 6’ fence is required in the front setback. Ms. Brown pointed out that there is written and photographic evidence. Ms. Cable noted that the application is complete. Ms. Marsh stated that if the applicant was present and verbalized what is written in the application, the Commission would be inclined to approve the application. Chairman Kiritsis indicated that he still feels the applicant should have been present. Ms. Marsh agreed but noted that she does not want to see the application again. Chairman Kiritsis stated that it would be setting a precedent. Ms. Marsh acknowledged this but noted that the Commission can make a different decision each time. She reiterated that they do have all the
information they need.
A motion was made by Jane Marsh and seconded by Jane Cable to approve the Special Exception Application to construct a 6’ fence in the front setback, 228 Shore Road, Robert Conrad, applicant. So voted 3:0:1, with Mr. Kiritsis abstaining.
3. Site Plan Modification Application to modify Parking, 84 Lyme Street, Lyme Academy of Fine Arts, applicant.
Mr. Risom stated that he feels the Commission cannot back away from their January 2005 approval. Ms. Cable and Mr. Kiritsis agreed. Ms. Marsh noted that the condition of the existing lot is what it is and noted that the Academy invited the Town to use the lot and was compensated for that use by the Town.
Ms. Marsh stated that she remembers a lot of negative testimony regarding the use of the I-95 lot. Mr. Kiritsis and Mr. Risom agreed. Ms. Brown noted that Phase V has expired.
Ms. Marsh questioned whether Ms. Brown felt Dr. Miller preferred the use of the north lot to the south lot. Ms. Brown stated that he did not state that, but indicated that he would agree to the north lot use ensuring that the berm not be abandoned and ensuring that the lots are required to be turned off at night.
Mr. Risom stated that he cannot back off the decision of January 2005 because at that time he felt a little leaned on. Ms. Brown read the approval which stated that before December 13, 2007, the Academy must submit a site plan application showing the parking lot for 30 parking spaces on the east side of Lyme Street and the application shall include all information required by the Old Lyme Zoning Regulations, including, but not limited to, location, engineering, lighting, landscaping, etc.
Ms. Brown noted that the Site Plan requirements could be waived as part of their future application. Ms. Cable stated that the Commission should consider giving an extension beyond December 13, 2007.
A motion was made by Jane Cable, seconded by Tom Risom and voted unanimously to deny the Site Plan Modification Application to modify parking, 84 Lyme Street, Lyme Academy of Fine Arts, applicant and giving them additional 60 days to comply with the January 2005 conditions of approval.
Ms. Marsh suggested that Ms. Brown accompany the denial with a letter indicating that the Commission has the ability to waive certain standards as to the construction.
4. Zoning Enforcement.
a. Zoning Enforcement Report
Chairman Kiritsis noted that the Commission members received the Enforcement Report in the mail.
b. Site Inspection Report
No report. Ms. Brown noted that the church is about to submit a request to modify their parking requirements. She noted that the drainage corrections have been corrected but they have not installed pavers underneath and at the moment they would request to not install them. Ms. Brown stated that they have a gravel base with crushed stone on top and would like to leave the lot as it is. She noted that the issue appears to be money and noted that the chapel sale fell through.
Ms. Brown stated that the project at the Shell Station is simply the replacement of the tanks and lines. She noted that Mr. Graybill has indicated that he intends to reopen the gas station as his lease does not expire until the spring. Ms. Brown noted that Shell has pulled out of Connecticut.
Ms. Brown stated that Bob Scully, DEP, had been called out to Short Hills to observe test holes and the site plan showed four different parcels, reconfigured, with alot of attached housing. She indicated that Bob Scully thought the Town was aware of this and he was angry because they were trying to circumvent the State Health Department’s and DEP’s approval for the systems because they were separate lots. Ms. Brown stated that she and Tom Metcalf had been led to believe that this was to be a PRCD or single-family residences. She noted that it is unclear to her whether Ron Rose was aware of the project. Ms. Brown
stated that Mr. Scully has indicated that it will be done only with DEP’s approval.
Ms. Brown stated that the developer, Marty Smith, called her a week ago and indicated that they have received permission to fix up the road through the Kus property to the Boston Post Road. Ms. Brown stated that she questioned whether there were wetlands and a week later Mr. Smith called again and indicated that they will not do improvements in the area by Nicoja Way where there are some wetlands within 100 feet. She noted that test holes were done today on the Kus property, observed by Mr. Flower, and they continually were digging up stumps, which had presumably all
been removed.
Ms. Marsh noted that once stumps are buried it becomes a designated site that can never be used for anything else because of the sink holes and tannic acid. She questioned how anyone could be proposing a development in this area.
5. Approval of Minutes
A motion was made by Jane Cable, seconded by Tom Risom and voted unanimously to approve the minutes of the September 24, 2007 Special Meeting Minutes as presented and the October 10, 2007 Regular Meeting and Public Hearing as clarified.
6. Regulation Rewrite
Chairman Kiritsis noted that the Public Hearing is set for Monday, December 10, 2007. Ms. Brown stated that Attorney Branse has confirmed his attendance and the referrals have been sent. She noted that she would expect that the hearing will be held open to the January Regular Meeting. Mr. Risom suggested that Ms. Brown email the draft regulations to Tony Hendriks and some other engineers for review.
Ms. Brown stated that she gave a brief presentation to the Planning Commission and noted that many of them were not in favor of changing some of the LI-80 Zone to residential. Ms. Brown stated that she has found a few items that she would like the Commission to address at the Public Hearing and some inconsistencies she has asked Attorney Branse to redraft.
Ms. Marsh stated that she would like to have a Special Meeting in November to reorganize. Ms. Brown stated that the bylaws require that it must be done at the December Regular Meeting. Ms. Cable suggested that someone else chair the meeting with election of officers at the end of the evening.
7. Correspondence
None.
8. Miscellaneous/Adjourn
Mr. Risom stated that he has worked to develop a proclamation for Ted Kiritsis. He indicated that he asked Tim Griswold for an idea and he was informed that Ted is now an alternate to the Zoning Commission. Mr. Risom noted that he is happy that he did not spend a lot of time on the proclamation.
A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to adjourn at 9:14 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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