OLD LYME ZONING COMMISSION
PUBLIC HEARING
Monday, November 9, 2009
The Old Lyme Zoning Commission held a Public Hearing on Monday, November 9, 2009, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were Tom Risom, Chairman, Jane Marsh, Secretary, Jane Cable, Vice Chairman, John Johnson, Patrick Looney, Beth Sullivan (alternate), John Eichholz (alternate) and Ted Kiritsis (alternate). Also present were Ann Brown, Zoning Enforcement Officer, and Eric Knapp, Commission Counsel.
Acting Chairman Cable called the Public Hearing to order at 7:53 p.m.
1. 1. Special Permit Application to convert to year round use and install 172 seats within the existing Church structure on property located at 287 Shore Road, Shoreline Church, Inc., applicant.
Chairman Risom noted that this Public Hearing has been continued from the October Regular Meeting and as it has been open for 93 days, it must close this evening. Ann Brown noted that there is a revised Statement of Use, as well as a letter from Tom Metcalf, Town Engineer. Ms. Marsh read the list of new exhibits, beginning with Exhibit M.
Attorney William Childress was present to represent Shoreline Church, Inc. He explained that the new Statement of Use reduces the number of proposed seats from 172 to 159; it notes that the paved parking areas will be a pervious concrete; and it requests specific waivers for signage, exterior elevation drawings and a loading space. Attorney Childress stated that this particular use does not require a loading space.
Attorney Childress stated that the Public Hearing was held open to receive comments from the Town Engineer Tom Metcalf. He explained that they received Mr. Metcalfs letter this past Thursday. He indicated that most of the items require minor changes to the plan. Attorney Childress stated that Mr. Metcalf suggested that the site plan be referred to the Department of Transportation and noted that there is not time as the Public Hearing must close this evening. Attorney Childress explained that the Commissions attorney has indicated that in a case where the Commission believes an outside agency would most likely approve a site plan, the Commission could approve it with the contingency that the outside agency grants approval. He stated that with the limited time they have had, they have worked
with the State in determining the probability of their approving the proposal.
Charles Dutch indicated that he spoke with a Senior Inspector from the Department of Transportation who was able to pull up pictures on his computer as they spoke over the phone. Mr. Dutch explained that there is ample sight line. He indicated that he was verbally assured that the DOT would approve the project. Ms. Brown pointed out that there was testimony that there is historical use of the site with the same parking and traffic patterns. Chairman Risom agreed and noted that the applicant has addressed the issue because the Town Engineer suggested it, not necessarily because the Commission is requiring DOT approval.
Mr. Dutch submitted details of the proposed lights. Ms. Brown stated that the plan shows the wall lights attached to the building 20 feet high. She questioned this as it seems rather high. Mr. Dutch stated that the note indicates that they will be 16 feet high. Mr. Johnson noted that that is consistent with the lamp posts.
In summary, Attorney Childress requested that the Commission not require approval from DOT and that they approve the application based on resolution of all other items in Tom Metcalfs review letter.
Ms. Brown noted that the planned showed a pervious concrete for the parking area and a paved area for the driveway. Mr. Dutch indicated that it is pervious over the parking area and impervious over the septic system. Ms. Brown stated that she thought all the paving would be pervious and incorrectly communicated this to the Health Department in discussing their compliance with Public Health Code regarding the septic system. Mr. Dutch stated that the impervious area is normal black top, which is the travel area, and the parking stalls are pervious. He noted that the septic system is under the impervious area. Chairman Risom stated that because of this there is a 25 foot separation needed from the leaching field and the detention area. Mr. Thatch indicated that he understood that from Mr.
Metcalf. He indicated that they have agreed to resolve all outstanding issues with Mr. Metcalf.
The Commission agreed that it would be possible to approve the plan subject to resolution of Mr. Metcalfs comments to his satisfaction. Ms. Cable pointed out that if the septic system changes drastically and alters the site plan, the applicant might be faced with returning to the Commission.
Ms. Brown questioned whether the heating system would require a propane tank or oil tank and questioned where they proposed to locate it. Mr. Dutch stated that their will be a propane tank installed on a pad by Ameri Gas out of Old Saybrook. He indicated that it is not shown on the site plan as he just found out about it today. Mr. Dutch located the area on the site plan and Ms. Brown noted that it cannot be located in the setback area, which it would be. Mr. Dutch stated that he would locate the propane tank outside the setback area. He explained that originally there was to be a tank in the basement, which is why it is not located on the plan. Ms. Brown questioned whether the Church would contract to maintain the parking lot. Mr. Dutch noted that the Church will purchase the
equipment needed to maintain the parking lot.
Attorney Cronin indicated that he represents the owner, Our Lady of Good Council, and has been associated with them for a long time. He indicated that they are in favor of the continued use of the building as a church.
Hearing no further comments, Chairman Risom asked for a motion to close the Public Hearing.
A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to close the Public Hearing for Shoreline Church, Inc.
Ms. Sullivan was seated for Pat Looney for this vote.
A motion was made by Pat Looney, seconded by John Johnson and voted unanimously to amend the agenda to move Item No. 1 under Public Hearings (8 Vista Drive) to be heard before the School.
2. 2. Special Permit to permit conversion of unoccupied warehouse space into medical office space in a partially occupied commercial building located at 8 Vista Drive, Eastport, LLC, applicant.
Phil Biondo, READCO, was present to represent the applicant. Ms. Marsh read the legal notice as published in the New London Day on Tuesday, October 27 and Tuesday, November 3, 2009. She also read the exhibit list for the record.
Mr. Biondo stated that Dr. Satti currently has a practice that occupies 3,500 square feet in Building No. 8 and is looking to convert 3,300 square feet of warehouse space and converting it for additional office space. He explained that they designed the space and completed the construction drawing and when they submitted the plans to the Building Department learned that they needed Zoning approval also.
Mr. Biondo stated that a few years ago they presented a plan that provided the parking for Building No. 6 when L&M entertained space in the complex. He explained that they would like to propose the same parking plan, only asking that it be deferred until such time that it is deemed needed. Mr. Biondo stated that the proposed parking plan was already approved by Mr. Metcalf. He indicated that they would like to get the approval so the renovation can be started. Chairman Risom questioned what the trigger would be that would require the additional parking be constructed. Mr. Biondo suggested that it would be when it was observed that the current parking was overflowing. Ms. Brown stated that the new Regulations require the Special Permit. She indicated that it is the applicants
belief that the additional space would not require additional parking. Ms. Brown stated that the additional parking could be constructed when they get a tenant for Building No. 7. Ms. Cable pointed out that the Town may not necessarily know when there is a tenant in Building No. 7.
Ms. Cable stated that she is also in agreement with Mr. Metcalfs comment that sidewalks should be considered. Ms. Marsh indicated that there has to be a definitive trigger. Mr. Biondo suggested that they require a yearly review of the parking by the Commission. Ms. Brown questioned the number of existing parking spaces. Mr. Biondo replied that there are 161 parking spaces.
No one present spoke in favor of or against the application. Hearing no further comments, Chairman Risom asked for a motion to close the Public Hearing.
A Motion was made by Jane Cable, seconded by Pat Looney and voted unanimously to close the Public Hearing for 8 Vista Drive.
3. 3. Special Permit Application/Coastal Site Plan Application to permit renovations and expansion at Lyme-Old Lyme High School, 69 Lyme Street, Regional School District No. 18, applicant.
Chairman Risom noted that the Public Hearing was continued from the October Regular Meeting. Ms. Marsh read the list of new exhibits for the record. Chairman Risom noted that the main reason for keeping the hearing open was to get Wetlands approval. Ms. Brown noted that the Wetlands Commission approved the project, noting the report submitted.
John Rhodes, Director of Facilities for Lyme/Old Lyme Schools, was present to represent the Regional School District No. 18. He indicated that there are a few minor changes that the Wetlands Commission has requested. Ms. Brown noted that the changes are minor but the plans need to be revised to reflect them. Ms. Brown indicated that they are not in receipt of a letter from Tom Metcalf, but she worked extensively with him through the Wetlands approval and all of his comments have been addressed. Mr. Johnson questioned whether there was any irrigation as part of this project. Mr. Rhodes replied that there is no irrigation proposed at this time.
No one present spoke in favor of or against the application. Hearing no further comments Chairman Risom asked for a motion to close the Public Hearing.
A motion was made by Jane Cable, seconded by Pat Looney and voted unanimously to close the Public Hearing Special Permit Application/Coastal Site Plan Application to permit renovations and expansion at Lyme-Old Lyme High School, 69 Lyme Street, Regional School District No. 18, applicant.
Chairman Risom adjourned the Public Hearing at 9:03 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
| 
