OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, July 13, 2009
The Old Lyme Zoning Commission held a Regular Meeting on Monday, July 13, 2009, at 7:30 p.m. in the Conference Room of Memorial Town Hall. Those present and voting were Tom Risom, Chairman, Jane Cable, Vice Chairman, Jane Marsh, Secretary, Beth Sullivan (alternate) and Ted Kiritsis (alternate). Also present, Kim Barrows, Administrative Assistant
Chairman Risom called the meeting to order at 7:32 p.m. He noted that Beth Sullivan and Ted Kiritsis would be voting this evening in the absence of John Johnson and Patrick Looney. He immediately recessed the Regular Meeting to conduct the Public Hearing.
REGULAR MEETING
1. Special Permit Application to allow a hotdog cart on property located at 2 Four Mile River Road, C-30 District, Jeffrey Mullen, applicant. Receive, Discuss and Set Public Hearing
Chairman Risom stated that although Mr. Mullen is present, the Commission usually does not request a presentation before the Public Hearing. He questioned whether there was a pressing matter regarding the application that needed to be addressed. Ms. Barrows described the location of the property and questioned whether the Commission would require a Public Hearing. The Commission agreed that because of the location of the property a Public Hearing would be in order. Mr. Kiritsis stated that he would like to look at the traffic pattern. Chairman Risom questioned whether it was the applicant’s intent to have cars pull onto his property or just onto the shoulder of the roadway.
Mr. Mullen indicated that he could not control the cars. Ms. Cable noted that there is no shoulder on the Four Mile River Road side. Mr. Mullen stated that the property is located in a commercial zone. He questioned the need for a Public Hearing. Chairman Risom stated that typically hotdog carts are in gas stations and those type of places were cars are already off the road. Mr. Mullen stated that the cart will not be visible from the road and his intention is to sell hotdogs to people visiting his antique store, with no sign indicating that he is selling hotdogs.
Ms. Marsh questioned why they would need a hotdog cart and not just a little grill or something out back to serve hotdogs to customers of the antique shop. Chairman Risom explained that the process would require a Public Hearing, which at this point would be the August Regular Meeting. He noted that there are parking and traffic considerations on this property. Ms. Mullen stated that she would like to run this business to make money for college. Mr. Mullen requested that his application money be returned.
Chairman Risom asked Ms. Barrows to be sure that she receives a letter withdrawing the application before she returns the applicant’s check.
2. Special Permit Application to allow the church year round use and installation of 172 seats within existing structure on property located at 287 Shore Road – Shoreline Church, Inc., applicant. Receive and Set Public Hearing.
The Commission discussed whether the application would be a change in use. Chairman Risom indicated that the Commission should set the Public Hearing and let the Zoning Enforcement Officer aid them in determining what is required.
A Motion was made by Jane Marsh, seconded by Jane Cable and voted unanimously to receive the Special Permit Application for 287 Shore Road. Shoreline Church, Inc., and to set the Public Hearing for the August 10, 2009 Regular Meeting.
3. 83 Hartford Avenue, Sugar Shack. Discussion about letter to Mr. Grills regarding building permit to install enclosure around up-blast fans as per Zoning Commission’s request.
Ms. Barrows explained that the Fire Marshal informed Mr. Grills that he could not use fencing to screen or enclose the up-blast fans on his building. Chairman Risom questioned whether there was any paperwork from the Fire Marshal or code cited. Ms. Barrows read the Fire Marshal’s denial. Ms. Cable stated that if the applicant cannot comply, the Commission will have to withdraw the requirement. Chairman Risom questioned whether Mr. Roberge attempted to find a way to meet the Zoning Commission’s requirement and the Fire Code. Ms. Cable indicated that she would ask the Fire Marshal to do just that.
A motion was made by Jane Marsh, seconded by Beth Sullivan and voted unanimously to table this matter to the August 10, 2009 Regular Meeting in order to receive a report from Jane Cable after her discussion with the Fire Marshal, to see if this issue can be resolved.
4. Petition to Amend the Old Lyme Zoning Regulations, Section 12, Planned Residential Conservation Development, proposed new Section 12.9.1 PRCD Incentive, Osprey Landing, LLC, applicant.
Ms. Marsh stated that she does not believe there is a Regulation before them that they would consider adopting. She noted that there may be something that they could do with the energy conservation concept. Ms. Cable stated that she would like to do some research and get a feel for what would make sense to propose. She indicated that she is excited about allowing an energy efficient subdivision. Ms. Cable stated that she does not believe she could approve the proposed amendment before the Commission. Mr. Kiritsis stated that the proposed Regulation feels very site specific. Mr. Kiritsis stated that he would like to see more specific energy conservation values in the Regulations.
Ms. Marsh stated that there would probably be too many changes to the proposed amendment that it would have to be considered as a new application. She indicated that she would prefer to turn this application down and convey to the applicant that he is close. Chairman Risom agreed. Ms. Marsh stated that she is concerned more about the external setbacks more than she is with the internal setbacks. Ms. Sullivan agreed. Ms. Cable stated that she personally would like to have more space around her house.
Ms. Cable suggested a working session be held before the next Zoning Commission Meeting to discuss the possibility of creating a Regulation that would accomplish what they are intending.
A motion was made by Jane Marsh, seconded by Beth Sullivan and voted unanimously to deny without prejudice the Petition to Amend the Old Lyme Zoning Regulations, Section 12, Planned Residential Conservation Development, proposed new Section 12.9.1 PRCD Incentive, Osprey Landing, LLC, applicant.
The Commission decided to set a meeting in two weeks to discuss and draft a new version of the PRCD amendments originally submitted by Osprey Landing, LLC which include energy efficient standards.
A Motion was made by Jane Cable, seconded by Beth Sullivan and voted unanimously to set a Special Meeting for Monday, July 27, 2009 at 7:00 p.m. in the second floor conference room, Town Hall, to discuss and draft a new version of the amendments to the PRCD originally submitted by Osprey Landing, LLC that will include energy efficiency standards, inviting members of the public to attend.
5. Review finalized version of Registry Regulations. Public Hearing set for September 14, 2009.
Chairman Risom noted that the latest version of the Regulation was just released this past Friday. Hearing no concerns from the Commission, Chairman Risom asked for a motion to set the Public Hearing.
A motion was made by Jane Marsh, seconded by Jane Cable and voted unanimously to set a Public Hearing for the Petition to Amend the Old Lyme Zoning Regulations, new section regarding Registry Regulations, Old Lyme Zoning Commission, applicant, for the Monday, September 14, 2009 Regular Meeting
6. Letter from Connecticut River Gateway Commission dated May 13, 2009 requesting the Zoning Commission revise the Definition of Height within the Gateway Conservation Zone.
Chairman Risom noted that the Commission is a Gateway Member and must adopt their definition of height. Ms. Cable read the proposed definition. After discussion, the Commission agreed to set the Public Hearing for the August Regular Meeting.
A motion was made by Jane Marsh, seconded by Beth Sullivan and voted unanimously to set a Public Hearing for revision of the definition of height within the Gateway Conservation Zone for the August 10, 2009 Regular Meeting.
7. Approval of Minutes – Public Hearings and Regular Meeting of June 8, 2009 and the Special Meeting of June 4, 2009.
A motion was made by Jane Cable, seconded by Beth Sullivan and voted to approve the minutes of the June 8, 2009 Regular Meeting and Public Hearing and the June 4, 2009 Special Meeting.
8. Any new or old business
None
9. Correspondence
Letter from Attorney Geraghty dated July 9, 2009 requesting to be on the agenda with respect to Dimitri Tolchinski, 286 Shore Road. The Commission invited Attorney Geraghty to the next Regular Meeting to discuss the letter sent to Mr. Tolchinski from the Zoning Enforcement Officer dated July 9, 2009.
10. Zoning Enforcement
a. Zoning Enforcement Report
No Report. Chairman Risom stated that he would like to see a Zoning Enforcement Report as one has not been provided in quite a long while. Ms. Barrows stated that she has just begun doing some enforcements and will provide a report for the next meeting. Chairman Risom stated that he would like to know what enforcements are open on a monthly basis.
b. Site Inspection Report
No Report.
11. Miscellaneous/Adjourn
Chairman Risom noted that Michael Wells resigned as the Water Pollution Control Commission Attorney and the WPCA has retained the services of Branse & Willis.
Ms. Marsh stated that the Regional Planning Agency is changing and now will have Selectmen from each Town as members. She noted that Selectmen are now being tasked with so many committees that they tend to spend very little time in their own Towns.
The Meeting adjourned at 10:40 p.m. on a motion by Jane Marsh; seconded by Beth Sullivan and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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