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Zoning Commission Minutes 02/09/2009

APPROVED

OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, February 9, 2009

The Old Lyme Zoning Commission held a Regular Meeting on Monday, February 9, 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), Ted Kiritsis (Alternate), Beth Sullivan (Alternate), John Johnson (arrived at 7:35 p.m.) and Patrick Looney.  Also present was Ann Brown, Zoning Enforcement Officer.

1.      Convene Meeting; announcement of voting alternates.

Chairman Risom called the Meeting to order at 7:30 p.m.  Chairman Risom introduced Beth Sullivan, Alternate filling the vacancy of Steve Ames’ position.  He noted that Mr. Kiritsis would be seated for Mr. Johnson.  Chairman Risom recessed the Regular Meeting to conduct the Public Hearing at 7:33 p.m.

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.

No action taken.  Public Hearing for this item is continued to the March 9, 2009 Regular Meeting.

3.      Church of Christ the King, 1 McCurdy Road, bond release request.  

Ms. Brown stated that they are awaiting a response from Thomas Metcalf, the town’s engineer regarding technical information and they are also awaiting as-built plans.  Chairman Risom noted that this matter will be tabled to the March 9, 2009, Regular Meeting.

4.      Discussion – Regional School District 18 – Possible zone district change or regulation modificationfor the school campus to contend with the fact that the school campus contains R-15, RU-40 and RU-80 zone district areas

Attorney Ken Slater, Halloran and Sage, was present to represent Regional School District 18, as was John Rhodes, Director of Facilities for Regional School District 18.  

Attorney Slater explained that the high school is located in three zones and therefore, under the Regulations three separate calculations have to be performed.  He noted that the proposed renovations of the high school would not meet the Zoning Regulations.  Attorney Slater reminded the Commission that he presented a few different options for handling the situation at the December Zoning Meeting and the Commission indicated that the best option would to create a School District.

Attorney Slater stated that he has done an extensive review of surrounding Towns and has found that most allow schools in any district by Special Permit, as opposed to having a School District.  He noted that as drafted, the proposed School District would require Special Permit review.

Attorney Slater noted that there was discussion as to whether to both public and private institutions.  He indicated that although Ms. Marsh was in favor of limiting it to public schools, Attorney Knapp felt strongly that they should not make a distinction.  Attorney Slater stated that all allowed uses would be by Special Permit review.  He noted that he has provided a list of allowed accessory structures which is intended to be a broad list that the commission could consider approving in the future.  Attorney Slater stated that they thought long and hard beyond what exists at the high school today.  Ms. Cable noted that an Observatory would be another good use to add.  Attorney Slater agreed.

Attorney Slater stated that the next set of criteria after accessory structures are the characteristics of the property.  He explained that they have set a minimum lot size of 10 acres, a minimum lot width of 300 feet, a lot rectangle of 100’ x 100’, setbacks – streetline 35’, rear 20’, other property line 15, maximum floor area allowed is 20 percent.  He noted that height was a little more difficult.  Ms. Marsh stated that there is a 35 foot height limit in Town and because that is also the limit in the Conservation Zone.  Attorney Slater noted that in the Light Industrial Zone there is a height limit of 45’.  Chairman Risom noted that that land is located outside the Conservation Zone.  He noted that the School District could be instituted on any land in Town, not necessarily land located in the Conservation Zone.  The Commission members agreed that they would like to see a height limit of 35 feet.

Chairman Risom suggested that the Commission members take the draft home, review it and return in 30 days with comments.  Ms. Cable noted that Attorney Slater is looking to submit firm text for the March meeting.  Attorney Slater stated that the comments provided so far this evening could be incorporated for submission in March.  John Rhodes noted that there were just a few more points that they would like input on.  Ms. Marsh stated that she would like the minimum square requirement to be 200’ x 200’.  It was also suggested that lighting for athletic fields be considered.  Athletic lighting was further discussed and concern was expressed that the lights would exceed the 35’ height limit.  Ms. Brown noted that there should be a section dedicated to athletic field lighting and the specific requirements of the lighting and poles.

Mr. Rhodes asked that the Commission carefully review Section K which addresses access isles.  He noted that this has been written in such a manner so that they can avoid Zoning Board of Appeals when tweaking the access drive.  He noted that there is no way they can meet the setbacks and he requested that the Zoning Commission review this section carefully.

Attorney Slater asked that comments be sent to him so that he could submit a proposed Regulation at the March Regular Meeting.  Ms. Brown suggested that they also submit a Zone Change Application to make the process more efficient.

5.      Graybill Properties, 11 Halls Road, Discussion on chimney for exhaust hood.

Ms. Brown noted that Attorney McGarry is working on this and has not made any progress.  This item is tabled to the March 9, 2009, Regular Meeting.

6.      83 Hartford Avenue, Keith Grills, status of mechanical equipment box and landscaping.

Ms. Brown stated that she sent out a letter on February 5, 2009, and she received an email response from Mr. Grills indicated that he would begin working on it.  This item is tabled to the March 9, 2009 Regular Meeting.

7.      Registry Regulations

Ms. Brown stated that she received the revised regulation last Thursday and she was not in to review them until today.  She noted that the Regulation is closer to complete, but there are still some confusions.  Chairman Risom noted that there is still confusion in the year round, nonconforming, etc.  Ms. Brown agreed.

8.      Proposed Zone Regulation Modification and Corrections

Ms. Brown noted that the Public Hearing has been set for March 9, 2009.

9.      Approval of Minutes - Regular Meeting Minutes of January 12, 2009

A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to approve the minutes of the January 12, 2009 Regular meeting with the change noted.  .

10.     Any new or old business

Ms. Brown noted that the Laserfiche project for the Zoning, Building and Health files is almost complete.  She noted that it is being double-checked and within the next few weeks the maps should be complete.  Ms. Brown stated that they should think about advertising the position and/or a screening process for the people or person who will be screening the applications.  She noted that she has spoken to a few people who she believes would be qualified.

Ann Brown asked the Commission if it would be possible to allocate the time she attends a seminar for the American Planning Commission in Minneapolis in April as “work time” versus using vacation time.  The consensus of the Commission was that it would be fine to allocate it as work time but the Chairman would check with the Board of Selectmen.

11.     Correspondence

None
                                        
12.     Zoning Enforcement
  • Zoning Enforcement Report
No report.  Ms. Brown noted that the Lone Pine case will be going to trial.

  • Site Inspection Report – None
No report.

13.             Miscellaneous/Adjourn                           
                                
A motion was made Pat Looney, seconded by John Johnson and voted unanimously to adjourn the meeting at 9:35 p.m.                                                                                                        
Respectfully submitted,


Susan J. Bartlett
Recording Secretary