APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, April 13, 2009
The Old Lyme Zoning Commission held a Regular Meeting on Monday, April 13, 2009 at 7:30 p.m. in the Auditorium of Memorial Town Hall. Members present were Tom Risom (Chairman), Jane Cable (Acting Chairman), Jane Marsh (Secretary), Patrick Looney, John Johnson, Ted Kiritsis (Alternate), and John Eichholz (Alternate), and Beth Sullivan (Alternate). 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. He noted that all of the Regular members are in attendance. Chairman Risom immediately recessed the Regular Meeting to conduct the Public Hearing. The Regular Meeting reconvened at 9:45 p.m.
A motion was made by Jane Cable, seconded by Jane Marsh and voted unanimously to amend the agenda to move agenda item numbers 9 and 10 up on the agenda to be heard after item number 1 and add a new item number 4, Special Permit Application to construct a garage with storage, 18 Clifton Street, Larry Odishoo, applicant, receive and set Public Hearing.
2. Special Permit Application to construct a new bus parking facility, 109 Four Mile River Road, Town of Old Lyme, applicant.
Tim Griswold, First Selectman, stated that the proposal is the result of approximately 4 and one-half years of work to relocate the bus barn. He noted that this location will provide a parking area for approximately 30 buses and vans, along with parking for approximately 25 employees. Mr. Griswold explained that there will be a 1,000 square foot structure that will serve as an office and contain a dispatch area and a meeting room. He noted that there will be no service of vehicles on the site, but there will be a 2,000 gallon diesel fuel storage tank enclosed in a metal fence and at a controlled entry point. Mr. Griswold stated that the Town is convinced that Regional School District 18 will save a lot of money in the long run as they currently pay $45,000 a year in rental fees. He noted
that the cost of the improvements has not been established but it will be amortized by the rent paid by the bus company. Mr. Griswold stated that they have been given assurances that the bus barn location will be used for at least 10 years.
Mr. Griswold stated that the application has been submitted to Planning, Zoning and Wetlands for their appropriate approvals. He indicated that the contract date for the new bus contract is July 1, 2010 so they hope to have the project completed by July 1, 2010.
Mr. Kiritsis questioned where the buses would be serviced. Mr. Griswold stated that he is not sure as it will be up to the bus company, which may or may not be the current bus company.
A motion was made by Jane Marsh, seconded by Pat Looney and voted unanimously to receive the Special Permit Application to construct a bus parking facility, 109 Four Mile River Road, Town of Old Lyme, applicant and set a Public Hearing for June 8, 2009.
3. Discussion re: liquor permit to serve alcohol on outside patio/deck at the Pavilion Restaurant, 85 Swan Avenue.
Frank Marratta read his Statement of Use for the record. The statement noted that they have been serving their clients on the deck at 85 Swan Avenue since 1979 and are not asking for a change in the use. He explained that the purpose is to recreate documents that were accidently destroyed by Liquor Control. Mr. Marratta stated that the deck was involved in Public Hearings on two different occasions.
Ms. Brown stated that a Special Permit Application for this proposal is next on the agenda. She noted that he is asking now that use of the deck be added to his existing license from Liquor Control. Ms. Brown stated that there is an existing Café License and it was found out recently that neither Liquor Control nor the Town of Old Lyme has records that show approval was granted to serve liquor on the deck.
Ms. Brown stated that Liquor Control has indicated that years back it was their policy to destroy old applications. She explained that Liquor Control, at a hearing, made a determination that they never approved the serving of liquor on the deck at the Pavilion. Mr. Kiritsis questioned whether Mr. Marratta had an approval from the Town that he could provide. Mr. Marratta stated that there was no such permit required at the time from Liquor Control. He explained that in 1979 he applied to construct the deck and at that time it was made clear that liquor would be served on the deck.
Mr. Marratta stated that in 2003 he was in Court with the Town and although he was required to remove a portion of decking that had been added, there was testimony at that time that liquor was being served on the deck.
Ms. Brown stated that the Commission must decide whether to amend the Special Permit or hold a Public Hearing as required under the Liquor Regulations, for a new Special Permit. Ms. Marsh stated that there is no question that the Commission should hold a Public Hearing. Ms. Cable noted that no one is questioning whether there has been consumption of liquor on the patio; the fact is there is no evidence of any approval for it.
Mr. Eichholz stated that liquor has been served on the deck for 30 years and in these economic times it will hurt his business to not be able to serve liquor on the deck. He questioned why the Commission would not just amend his existing permit rather than hold a Public Hearing. Ms. Sullivan stated that she would agree that a Public Hearing could be waived in this particular instance. Mr. Looney stated that many years ago he remembers having to finish his drink in the building and was not allowed to bring it outside. He indicated that if there are muddy waters and it would make more sense to bring the matter to Public Hearing and resolve it once and for all. Mr. Marratta stated that he may have been told that he could not bring the drink from the deck to the beach, as that is not allowed.
After discussion it was the consensus of the Commission that the matter should be decided under the Special Permit process and a Public Hearing should be held.
4. Special Permit Application to permit service of alcohol on outside patio/deck, 85 Swan Avenue, Pavilion Restaurant, Frank Marratta, applicant. Receive and set Public Hearing.
A motion was made by John Johnson, seconded by Jane Marsh and voted unanimously to receive the Special Permit Application to permit the service of alcohol on outside patio/deck, 85 Swan Avenue, Pavilion Restaurant, Frank Marratta, applicant and set a Public Hearing for May 11, 2009.
5. Special Permit Application to construct a garage with storage, 18 Clifton Street, Larry Odishoo, applicant. Receive and set Public Hearing.
A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to receive the Special Permit Application to construct a garage with storage, 18 Clifton Street and set a Public Hearing for May 11, 2009.
6. Special Permit Application to demolish existing year-round dwelling and construct new year-round dwelling, 42 Breen Avenue, Nicholas DiCorleto, Jr., applicant.
Ms. Brown noted that this is similar to the Hillcrest application.
A motion was made by John Johnson, seconded by Pat Looney and voted unanimously to receive the Special Permit Application to demolish existing year-round dwelling and construct new year-round dwelling, 42 Breen Avenue and set a Public Hearing for May 11, 2009.
7. Special Permit Application/Coastal Site Plan 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.
A motion was made by Jane Cable and seconded by Pat Looney to approve the Special Permit Application/Coastal Site Plan, 7 Town Landing Road.
Mr. Johnson stated that he thinks the Commission should have their attorney review the deed restriction and guide the Commission. Mr. Looney agreed with Mr. Johnson. He explained that he walked the site and understands the Gaudio’s plan but he is concerned about the house location as it relates to the neighbor’s views. Mr. Looney stated that he understands the fill issue as it was very well presented by the applicant’s engineer. He indicated that he is concerned about the deed restriction and whether the Commission has any jurisdiction in that matter.
Mr. Johnson stated that he is concerned about the amount of fill also and whether it meets the Zoning Regulations. Ms. Marsh pointed out that the deed restrictions end in ten years; they don’t last forever. Mr. Johnson questioned why it should change his thinking. Ms. Marsh stated that it won’t matter in ten years as the restriction will expire.
Ms. Cable noted that the Commission’s Engineer, Tom Metcalf, has reviewed the plans and the Commission should not be second guessing him. Mr. Johnson stated that it seems that the fill is accommodating the size of the house.
Mr. Johnson indicated that he would listen to the tape of the first Public Hearing.
The motion on the table was withdrawn by Jane Cable and Pat Looney withdrew his second.
It was the consensus of the Commission was to table the decision until the May 11, 2009 Regular Meeting to seek input from legal counsel and the Commission’s engineer. Mr. Johnson stated that he would like to read the Regulations as they relate to the amount of fill allowed to be brought on the property. The Commission agreed that an opinion letter from Attorney Branse regarding the deed restrictions would be adequate, rather than his attendance at a meeting.
8. Petition to amend the Old Lyme Zoning Regulations to create a new Section 5.14 School District (SD) as a new Zone. Petition includes amendments to Schedule B-2 to incorporate the various bulk requirements of the new zone, Regional School District 18, applicant.
Ms. Marsh stated that she is bothered by the word accredited. Ms. Cable stated that each application will be by Special Permit and it can be reviewed at that time. Ms. Marsh stated that there are many large accessory uses associated with a school and it is a concern to her living in a residential zone. Ms. Marsh stated that she would like to see the schools allowed as public elementary or high schools. See stated that she would like to see it say just accredited public elementary or high schools and she would like the word Academy removed. She indicated that she would not like to see any application from Lyme Academy for any of these large uses. It was the consensus of the Commission to leave the Regulation as it is in this regard.
A motion was made by John Johnson, seconded by Jane Cable and voted unanimously to amend the Old Lyme Zoning Regulation to add new Section 5.14, School District (SD) Zone, effective May 1, 2009, with the following changes: to remove the word “stadium” in Section 5.14.4; delete “a.” in Section 5.14.5.3 and re-letter; reword item now letter “a.” to read as follows: Athletic field lighting: Outdoor lighting facilities intended for the illumination of athletic tracks or fields are not required to be shielded but “shall be designed and operated to minimize trespass lighting;” and to amend Schedule B-2 to incorporate various bulk requirements for new zone.
9. Petition to amend the Old Lyme Zoning Map to apply the new School District (SD) to the property containing the Old Lyme High School Campus, Regional School District 18, applicant.
A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to amend the Old Lyme Zoning Map to apply the new School District (SD) to property containing the Old Lyme High School Campus, Regional School District 18, applicant.
A motion was made by J. Cable, seconded by John Johnson and voted unanimously to set an effective date of May 1, 2009, for both the Petition to Amend the Old Lyme Regulations, new Section 5.14, and the amendment to the Old Lyme Zoning Map to apply the new School District (SD) Zone to the Old Lyme High School Campus.
10. Special Permit Application to construct a dormer addition, 83 Shore Drive, Michael C. Brady, applicant.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to approve the Special Permit Application to construct a dormer addition, 83 Shore Drive, Michael C. Brady, applicant, as submitted with no restrictions.
11. Special Permit/Coastal Site Plan Application to permit renovations and changes to an existing single-family four bedroom dwelling, 92-1 Hillcrest Road, Richard and Kathleen Ramondetta, applicants.
Ms. Brown suggested that the Commission table action on this item because neither she nor Tom Metcalf has had the opportunity to review the revised plans. Chairman Risom stated that he also questions why the accessory building has to be so large. He noted that the Ramondetta’s are hooking up to the sewer. Ms. Marsh stated that it is not clear in the record what will happen between now and the point when sewers are connected. Ms. Brown stated that Mr. Rose has indicated that the house cannot be issued until the sewers are completed and flowing. Mr. Johnson stated that that could be a condition of approval. Ms. Marsh stated that there is no information about the existing septic system. Ms. Brown stated that the applicant has indicated that they are timing their project
with the completion of the sewers.
Action on this item was tabled to the May 11, 2009 Regular Meeting.
12. Referral from the Planning Commission with respect to a proposed amendment to Section 3.9.4 of the Old Lyme Subdivision Regulations. Letter sent to the Planning Commission on April 8, 2009 for submission at the Public Hearing held on April 9, 2009.
Chairman Risom stated that he reviewed the amendment and he has no further comments on it. Ms. Brown stated that the Planning Commission has tabled this item to their May Meeting. Ms. Marsh stated that the Planning Commission is trying to give an avenue to developers whereby they can get a preliminary approval. She noted that she commented to the Commission that they may want to shorten the amount of time to final approval because as written it can take twenty years to complete. Chairman Risom stated that he suggested that they refer to the actual Statute that allows a fine, not the amount of the fine which may change over time.
Ms. Cable left the meeting at this time (10:55 p.m.) and Mr. Kiritsis was seated in her absence.
13. Site Plan/Coastal Site Plan Application to permit dock modifications at South Lyme Marina, 8 Bank Road, Keith Neilson, P.E., Docko, applicant.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to receive the Site Plan/Coastal Site Plan Application for South Lyme Marina, 8 Bank Road and set a public hearing for May 11, 2009.
14. Special Permit Application to replace fencing on property at 227 Shore Road, Alice Marie Fitzgerald, applicant.
A motion was made by John Johnson, seconded by Pat Looney and voted unanimously to receive the Special Permit Application to replace fencing, 227 Shore Road, Alice Marie Fitzgerald, applicant, and set a Public Hearing for June 8, 2009.
15. Petition to Amend the Old Lyme Zoning Regulations, Section 12, Planned Residential Conservation Development Incentives. Public Hearing has been set for May 11, 2009.
Public Hearing is set for May 11, 2009.
16. Graybill Property, Halls Road, Discussion on Chimney
Ms. Brown noted that she is in receipt of an agreement stating that Mr. Graybill will paint the chimney yellow and if it is not sufficient, they will enclose the chimney. Ms. Brown stated that she will not be carrying this on the agenda any longer.
17. 83 Hartford Avenue, Sugar Shack
Chairman Risom stated that the applicant owes the Commission some information. He asked Ms. Brown to write a letter to Mr. Grills indicating that he should not open until he has provided the required information to the Zoning Commission.
18. Registry Regulations – Review final text and set Public Hearing
Ms. Brown stated that she has not received any comments from Commission members. She indicated that she still has to change some dates and asked that this item be tabled to the May 11, 2009 Regular Meeting.
19. Discuss Zoning Regulation Section 11.13 –Alternative Energy Systems.
Chairman Risom stated that the Siting Council has looked at locating two towers near the shopping center. He indicated that he was told that the Town has the right to hold a meeting regarding the issue and he is concerned that a group of people that have already met regarding this may have constituted that meeting. Ms. Brown stated that she will call the Siting Council and ask whether that meeting constituted notice to the Town of Old Lyme.
20. Approval of Minutes - Regular Meeting Minutes of March 9, 2009
A motion was made by Pat Looney, seconded by Ted Kiritsis and voted to approve the March 9, 2009 Public Hearing and Regular Meeting minutes. Motion carried, 4:0:1, with Mr. Johnson abstaining.
21. Any new or old business
None.
22. Correspondence
None.
23. Zoning Enforcement
I. Zoning Enforcement Report
No report.
No report.
24. Miscellaneous/Adjourn
A Motion was made by Ted Kiritsis, seconded by John Johnson and voted unanimously to adjourn the meeting at 11:20 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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