UNAPPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, January 12, 2009
The Old Lyme Zoning Commission held a Regular Meeting on Monday, January 12, 2009 at 7:30 p.m. in the Auditorium of Memorial Town Hall. Members present were Tom Risom (Chairman), Jane Cable (Vice Chairman), Jane Marsh (Secretary), John Johnson, Ted Kiritsis (Alternate) and Patrick Looney. Also present was Ann Brown, Zoning Enforcement Officer, and Attorney Eric Knapp, Commission Counsel.
1. Convene Meeting; announcement of voting alternates.
Chairman Risom called the Meeting to order at 7:30 p.m. He noted that Mr. Kiritsis would be seated for Ms. Marsh. Chairman Risom noted that there are no public hearings on the agenda.
2. Special Permit Application to construct a structure in the Gateway Conservation Zone in excess of 4,000 square feet, 7 Town Landing Road, Steven A. and Barbara Gaudio, applicants.
Jill Cartagena from Point One Architects noted that they submitted a complete application but thought Gateway might appreciate colors and exterior finishes, which she submitted for the record. Ms. Brown indicated that she has already referred this to Gateway and will follow it up with this additional information.
A Motion was made by T. Risom, seconded by J. Cable to receive the 7 Town Landing Road application and set a public hearing for February 9, 2009. The motion was approved unanimously.
3. Graybill Properties, 11 Halls Road, Discussion - resolution re chimney for exhaust hood.
Ms. Brown stated that the vent chimney coming out of the side of the building was not on the plans submitted to the Zoning Commission. She noted that many people have noticed the vent and she has asked Mr. Graybill to correct this. Ms. Brown stated that the Fire Marshal has indicated that it is possible to put it up through the building, although that
would diminish the upstairs space. She noted that Mr. Graybill has also suggested that he paint it yellow to match the building.
Attorney McGarry stated that they have been negotiating with the Department of Public Health Drinking Water Division for over six months and finally have a well location approved. He noted that at this time they do not have potable water to serve the restaurant. Attorney McGarry stated that he is proposing that they paint the vent yellow and look at the problem in the future because at this time there is no rent coming in and there has been a phenomenal amount of expenses. He noted that Mr. Graybill recognizes the problem and wants to take care of it.
Ms. Brown stated that Mr. Graybill has asked that Ms. Brown find a way to sign the Zoning Compliance so that they can get the C.O. when the water is resolved and the restaurant can open, in spite of the fact that the chimney issue has not been resolved. She stated that she thinks that an agreement can be written and a bond could be held. The Commission agreed that Ms. Brown can handle this administratively.
4. 83 Hartford Avenue – Discussion - status of mechanical equipment box and landscaping
The Commission reviewed the letter from Keith Grills. The Commission agreed that enclosing the vent is necessary. Ms. Brown stated that Mr. Grills was supposed to have come back with other options to cover or camouflage the vent. Chairman Risom asked Ms. Brown to check whether the Health Department has any restriction on this business opening in the spring. He noted that if the Health Department is requiring a new septic system then perhaps they can work together. Mr. Risom noted that Mr. Grills’ opinion is incorrect; it was a requirement of his approval and is not negotiable. Ms. Brown indicated that the landscaping and fencing should be completed also.
The Commission agreed that Ms. Brown can handle this item administratively.
5. Region School District 18 – Discussion regarding possible zone district change or regulation modification for the school campus to contend with the fact that the school campus contains R-15, RU-40 and RU-80 zone district areas
John Rhodes, Regional School District 18 Director of Facilities and Technologies and Attorney Ken Slater were present to represent Regional School District 18. Mr. Rhodes explained that when they came before the Commission for the track project they ran into the issue of coverage on the property. He noted that there are three different residential zones encompassing the campus and coverage is determine in each of these particular areas. Mr. Rhodes stated that the high school project is coming along and they would like to correct this issue for the long term. He noted that Attorney Slater will be presenting to options of how to go about this and they are looking for the Commission’s guidance. Mr. Rhodes displayed a site plan of the school property, noting the different residential zones. He pointed out the changes to be made as part of the high school renovation project. Mr. Rhodes noted that although small changes, they would not be allowed under the current zoning.
Attorney Slater stated that they would like to get the zoning issues straightened out to allow for the Site Plan Application being submitted in the summer. He distributed a hand-out to the Commission members, which detail to solutions to the problem. Attorney Slater stated that the R-15 zoned area is already in excess of the total building coverage. Ms. Cable questioned how this came to be. Mr. Rhodes explained that the Zoning Regulation Rewrite changed how coverage was calculated when there are multiple zones on a parcel.
Attorney Slater stated that 38.1 percent is the total lot coverage as a percent of lot area in the R-15 zone. He explained that the maximum floor area if the lots were combined would be 10.5 percent, the lot coverage would be 8.4 percent and the total coverage would be 24.3 percent. Attorney Slater noted that this includes the changes for the High School renovation project.
Attorney Slater stated that one solution would be to propose a Map Change and to change the Zoning District to R-15 on the entire site. He noted that the calculations show that there would be 1.6 percent of lot area allowed for buildings in the future. Attorney Slater stated that this would be an additional 39,000 square feet. He suggested that the R-15 would give this flexibility for future construction, whereas the other districts would not.
Attorney Knapp noted that most schools are in residential zones as most Towns do not have special school zones. He stated that they could create a school district zone if they wanted to, which would allow them to accomplish what they need.
Attorney Slater stated that the other option would be for them to change the regulation as far as how the coverage is calculated. He indicated that he would suggest adding language under the Area, Location and Bulk Standards, as follows: When a unified development plan is proposed for land that is located in two or more zoning districts for a use requiring special permit approval, the maximum lot coverage and total building coverage and total floor coverage authorized by Special Permit, shall be based on the combined area of the lot or lots that contain the unified development and based on the Zoning District that allows the highest percentage of coverage among the zones within the development. Attorney Slater stated that that regulation amendment would allow coverage to be calculated on the total campus
area, stressing that it would be by Special Permit.
Ms. Cable indicated that she would like it to say “may be based” so that it leaves some discretion with the Commission. Attorney Slater agreed. Ms. Cable stated that this proposal also does not define a unified development. Ms. Marsh stated that whenever they consider a school project, it is considered differently because it is a public institution. She noted that she does not want to open the general zoning regulations to anybody, even though there are Special Permit requirements. She indicated that this gives the Commission an authority that later Commissions should not have. Ms. Marsh stated that she does not want to zone it R-15 either. Mr. Looney agreed with Ms. Marsh’s comments. He noted that having school zone would open things up for all schools. Mr. Rhodes noted that Mile Creek School is in the same situation. Ms. Marsh stated that she would like to create a new zone, not an overlay zone. Mr. Risom stated that they could create a new zone and apply it to the Lyme
Street campus and to the Mile Creek School. He noted that the Art Academy could then apply to convert their zone to that if they wanted to do that. Attorney Knapp stated that there are ways of limiting it so that they can exclude that which they do not want. He stated that if the minimum acreage for the site is set at a high enough point, some institutions will not be able to qualify, such as a daycare center. Attorney Knapp stated the question is how to draft the regulation in a way that would inherently limit who could fit into that zone. He pointed out that Camp Hazen is in a recreation camping zone and the regulation was written in such a way that only Camp Hazen can qualify for. Attorney Knapp stated that he would be glad to help Attorney Slater put a regulation together.
Mr. Looney suggested that Ms. Brown be kept up to date on the process, as she has a good idea of what the Commission is looking for. Mr. Kiritsis stated that there will be a map change as well, which may be of interest to other parties. Mr. Looney stated that they are not changing boundaries but are changing zones which could change setbacks and could be of interest to neighboring property owners. He noted that the object is to have the coverage be counted on the area of the entire parcel and indicated that they do not have to decrease setbacks, etc., in this new zone.
Mr. Rhodes asked to be on the February agenda to present an application for a zone district change and boundary changes at which time the Commission could receive the application and set a public hearing for March.
Chairman Risom noted that Ms. Marsh is in attendance and Mr. Kiritsis is not longer seated.
6. Registry Regulation
Ms. Brown stated that she reviewed the Regulation and has marked numerous sections. She indicated that it has been a frustrating process, many changes, clarifications, new ideas, etc., that have gotten jumbled together and mixed up. Ms. Brown stated that there are conflicts between who should and who must submit a registration form; about what will be recorded on the registry, i.e., just nonconforming year round houses, or whether it is all houses. She suggested that they start over with an outline and fill in the blanks with the right words. Chairman Risom agreed and proposed that all Commission members refer their comments to Ms. Brown who will in turn refer them to Attorney Branse. Ms. Brown stated that the document is extremely confusing and should be straight forward. She
distributed her outline to the Commission members. Ms. Cable indicated that arranging the document in this manner makes it very straight forward.
Ms. Brown stated that she will ask Mark Branse to look at her outline and rewrite the Registry Regulation.
7. Other Regulation Modifications
Ms. Brown stated that the Commission has approved all the proposed modifications, except for the one concerning adult uses. She noted that it was allowed by Special Permit but it now must be allowed by Site Plan approval. Ms. Brown explained that Attorney Radshaw pointed this out to her and when she pointed it out to Attorney Branse, he agreed.
A Motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to include in the proposed zone change the requirement that all adult entertainment be by site plan approval.
The Commission agreed to set the Public Hearing for these Regulation Changes to the March Meeting, with the hope that the Registry Regulation will be ready and can be made part of this application.
A Motion was made by Jane Cable, seconded by Jane Marsh and voted unanimously to accept the Petition to Amend the Old Lyme Zoning Regulations, Old Lyme Zoning Commission, applicant, and to set the public hearing for the March Regular Meeting.
7. Zoning Enforcement
- Zoning Enforcement Report
No report. Chairman Risom questioned whether Ms. Barrows was doing inspections. Ms. Brown indicated that she has not started yet but will be shortly.
No report.
8. Approval of Minutes
A motion was made by John Johnson, seconded by Pat Looney and voted unanimously to approve the minutes of the November 10, 2008 Regular Meeting and Public Hearing.
A motion was made by John Johnson, seconded by Pat Looney and voted unanimously to approve the minutes of the December 8, 2008 Regular Meeting.
9. Any new or old business
Mr. Kiritsis questioned whether the registrations were set for those who filled them out for the course at Wesleyan. Ms. Brown stated that three registrations were given to Doris Johnson to send in with payment, but she has not received confirmation that they are all set.
Ms. Marsh stated that there is another course entitled “Planning for Agriculture” which explains every possible zoning change that could be made to make agriculture more possible. She indicated that she would like to encourage everyone to read the information. Ms. Brown indicated that she would get more copies.
Ms. Brown indicated that they have a Court date for the Cody property on Spruce who put an addition on the side of his house. She noted that this will be at the end of January.
10. Correspondence
None.
11. Miscellaneous/Adjourn
A motion was made Pat Looney, seconded by John Johnson and voted unanimously to adjourn at 8:50 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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