OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, May 14, 2012
The Old Lyme Zoning Commission held a Regular Meeting on Monday, May 14, 2012, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were Jane Cable, Chairman, Jane Marsh, Secretary, John Johnson, Vice Chairman, and Pat Looney (Regular Member) and Harland Frazier (Alternate).
Also present: Ted Kiritsis (Alternate) and Ann Brown, Zoning Enforcement Officer.
Chairman Cable called the meeting to order at 7:32 p.m. Chairman Cable noted that there are no Public Hearings this evening.
1. Application for a sign permit for take-out restaurant at 37 Hartford Avenue, Bassam Awwa, applicant.
This matter was tabled as the applicant was not present.
2. Receipt of Special Permit Application to permit a pergola and covered entry to an existing single family residence on property in the Connecticut River Gateway Conservation Zone, where the structure is in excess of 4,000 square feet floor area, 21-3 Library Lane, John Heckman and Helen Cantrell, applicants. Applicants requested an exception for requiring the Special Permit for a pergola and covered entry to an existing single family residence in the Connecticut River Gateway Conservation Zone.
Jill Cartagena, Point One Architects, was present to represent the applicants. She explained that the applicants would like to construct a pergola/covered entry. Ms. Cartagena noted that they have received a variance from the Zoning Board of Appeals, but because the home is located in the Connecticut River Gateway Zone and is larger than 4,000 square feet in floor area, a Special Permit is required. She indicated that based on the distance from the Connecticut River and the fact that the property cannot be seen from the river, they are requesting a waiver of the Special Permit requirement. Ms. Cartagena noted that they have supporting evidence which was submitted as part of the application, such as a topography map. She noted that the topography changes 35 feet in height from the river to the
property and there are plenty of trees and vegetation so that the house is not visible from the neighbor’s yard, much less the river.
Ms. Cartagena orientated the home on the topography map. She noted that the house cannot be seen from Library Lane. Ms. Cartagena stated that the Duck River also boarders the property. She explained that the structure is a little over 8 feet tall and is on the opposite side of the house from the Duck River. Mr. Johnson questioned the purpose of the pergola. Ms. Cartagena stated that it is for landscape purposes; she noted that the covered portion over the porch will be covered with glass. She noted that the pergola is made of steel and is 4 feet 4 inches wide and goes from the garage to the front door. Ms. Cartagena stated that the entire house is within the 100’ setback from the Duck River; she noted that they needed a variance because there is no buildable land on the
property that meets setback.
A motion was made by Jane Marsh, seconded by Pat Looney and voted unanimously to grant, in compliance with Section 4.10.12.1 of the Zoning Regulations, a Request of an Exception to requiring a Special Permit for construction of a Pergola and Covered Entry to a single–family house on property located at 21-3 Library Lane, which is in the Connecticut River Gateway Conservation Zone. The Commission found that the proposed additions of a Pergola and Covered Entry will not be visible from the Connecticut River as the improvements are on the opposite side of the house.
3. Preliminary discussion with Patrick Pryor regarding adding indoor recreational use to the LI-80 or the RU-80 zoning districts. Applicant to submit a Petition to amend the Zoning Regulations and possibly Zoning Map.
Mr. Pryor was present to explain his proposal. He explained that he would like to construct an indoor sports and recreation facility in Old Lyme. He noted that there is a lack of activities in the area in the wintertime. He pointed out the property on a map, noting that it is located on the end of Machnik Road. Mr. Pryor stated that the facility will have a rink, a gym, party rooms, conference room, pro-shop and food service. He noted that there will be multi-use rooms which might be used for ballet or other activities. Mr. Pryor stated that the project will be done in two phases. He noted that there would be quite a bit of clearing for a 52,000 square foot building and the associated parking.
Mr. Pryor stated that they are looking to use a geo-thermal system and he explained how the system would work. He noted that there will be adult hockey and soccer leagues in addition to ones for the kids. Mr. Pryor stated that there would be 12 to 18 full time employees and 40 to 50 part time employees. He indicated that the taxes generated would be $80,000 to $150,000. Mr. Pryor stated that they have done a thorough analysis of the demand for a hockey rink and the demand is present. He explained that the business plan shows 1.5 million in revenue.
Mr. Pryor noted that the property is located between the light industrial and residential zones in a lightly traveled area and the access will most often be from Four Mile River Road. He stated that the building will block the noise of 95 for the residents of Chestnut Hill.
Mr. Pryor stated that he would like to know the next step. Chairman Cable stated that he would have to propose an amendment to the LI and RU zones as this type of facility is not currently allowed in those zones. She noted that this would take two months at a minimum. Chairman Cable suggested that he define the use very carefully, taking into consideration all that he would like to do at the site. Ms. Brown stated that recreation facilities are allowed in the C-30 zone. She noted that the applicant’s parcel is in both the LI-80 and RU-80 zones. Ms. Brown suggested that perhaps the applicant should request a zone change for the RU-80 portion of his property so that the Commission would not have to struggle with which RU-80 zones this type of use would be appropriately located.
Ms. Marsh stated that in the past there was an application from Project Learn and the public and some Commission members were very clear that they did not want a lot of traffic going through that area. She noted that this would be a great departure from that thinking. Ms. Marsh stated that Kellogg Marine created a lot of stress with the neighbors behind their facility. She noted that the recreation facility will have delivery trucks and that type of thing. Mr. Pryor stated that all the activity will be cut-off from the neighborhood. He noted that it was intentionally designed that way because of the residential neighbors.
Chairman Cable stated that she agrees with Ms. Brown’s suggestion that the RU-80 zone be changed to the LI-80 zone as to not create problems as to the possibility of large recreation facilities in the residential zone.
Mr. Johnson stated that the taxes generated by the facility is not germane and cannot be considered by the Commission. He noted that it will take time to change the Regulations and the zone.
Chairman Cable asked for a motion to add an item to the agenda. A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to amend the agenda to add a new item number 4, Site Development Plan Modification for 85 Lyme Street, Old Lyme Inn, applicant and re-number the agenda.
4. Site Development Plan Modification for 85 Lyme Street, Old Lyme Inn, applicant to allow an outdoor grill on the outdoor patio.
Ms. Brown stated that the applicants have submitted an application, but she asked them to come this evening so that the Commission could determine whether the application was necessary.
Mr. Trowbridge stated that their business is becoming successful and noted that the Jazz Club will be done in September or October. He noted that they would like to put a grill outside for the summer and pointed out the location on the site plan. Mr. Trowbridge stated that they will be using wood instead of gas as it allows for much more even cooking. He noted that it will generate less smoke than a fireplace. He indicated that the grill is on wheels and will be stored in the barn. Mr. Trowbridge stated that any day there is good weather they would like to use the grill; he noted that the food will be interesting and the idea is to make this casual dining type thing.
Chairman Cable stated that she is worried about the condos to the north. She noted that the smoke will be generated by the meat, not necessarily just the fuel source. Mr. Trowbridge stated that they are trying to make the in more casual and accessible to more people in Town. He pointed out the existing lighting on the site plan. Mr. Trowbridge stated that the area is surrounded by 36” boxwood. Mr. Johnson questioned how far the condominiums are located from the grill area. Mr. Trowbridge replied that it is about 200 feet. Chairman Cable noted that the smoke would not appear to be a problem given the distance and the fact that it would have to go over or around the Old Lyme Inn.
Ms. Brown noted that the use is nonconforming and the applicants went to the Zoning Board of Appeals for a variance to get the patio, and their approval had conditions, which she read. Chairman Cable stated that there are not close neighbors to the establishment. She noted that the conditions do not include “no preparation of food” and she does not see the preparation of food on the patio as approved. Mr. Johnson noted that the grill is not permanent, so he does not see it as a big deal.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to confirm that the proposal to allow an outdoor grill on the outside patio is a minor modification to the Site Development Plan and authorizing the Zoning Enforcement Officer to handle the permit (with the equipment described during the presentation) administratively for 85 Lyme Street, Old Lyme Inn, applicant.
5. Application for a sign permit for take-out restaurant at 37 Hartford Avenue, Bassam Awwa, applicant.
Ms. Brown noted that the old donut shop, located in the SVVD, is becoming a take-out place. She noted that the sign regulations allow up to 60 square feet of signage and the proposed sign is approximately 25 square feet. Ms. Brown noted that the applicants are hoping to run a year-round business. Mr. Kiritsis questioned whether the applicants need an additional permit for year round use. Ms. Brown noted that the Zoning Commission does not differentiate between seasonal and year round.
A motion was made by Jane Marsh, seconded by Pat Looney and voted unanimously to approve the sign permit for take-out restaurant at 37 Hartford Avenue, Bassam Awwa, applicant, as submitted.
6. Approval of Minutes
A motion was made by John Johnson, seconded by Pat Looney and voted unanimously to approve the Minutes of the Public Hearing and Regular Meeting of April 9, 2012 as submitted.
7. Any new or old business
Chairman Cable stated that the Lyme Academy of Fine Arts has invited the Commission members to the ground breaking of the new dorms, this Thursday, and to please RSVP by tomorrow. Chairman Cable indicated that she would attend.
Discussion with respect to the Water Resource Study
Chairman Cable stated that she printed color copies of the first six exhibits because they are difficult to interpret in black and white. She asked the Commission members for their comments. Chairman Cable stated that the Commission provided the $5,000.00 that was needed to complete this report. She stated that there are a few problems, one of which is that the author thought there was a group of people, not just one member of a Commission, that he calls them the Source Water Protection Group and would like to know who the members are. Chairman Cable stated that the DEP gets involved whenever the word aquifer or ground water, and protecting source water is very close to stepping on the DEP’s toes. She stated that Attorney Branse has suggested the establishment of a source water
protection group.
Chairman Cable stated that Ms. Brown has indicated that as part of its authorization in the CT General Statutes, the Zoning Commission can do this. She indicated that Ms. Brown suggested that the Zoning Commission create a subcommittee, which would be advisory to the Zoning Commission and have no rule or decision making power, and would not have to be composed of Zoning Commission Members. Chairman Cable stated that the knowledge of the construction trade and landscaping techniques would be beneficial. Ms. Marsh questioned whether there would be representation from the Planning Commission. Chairman Cable replied that Dimitri Tolchinsky invited her to a WPCA Meeting which Harold Thompson attended. She indicated that Harold Thompson very well may be interested in participating or perhaps he
would appoint another Planning Commission member. Chairman Cable stated that she envisions this subcommittee recommending changes and updates to the Zoning Regulations that would pertain to source water protection.
Ms. Marsh questioned whether it might be better to have a group that would review plans. Ms. Brown stated that there is question by DEP whether the Town can regulate groundwater at all. She indicated that she feels that the Zoning Commission can. She suggested that they confer with Mark Branse as to what they can and cannot do.
Ms. Brown stated that Steve Ross wants to regulate any water that is exported from the Town of Old Lyme. She stated that the DEP absolutely feels that the Town does not have the right to do that. Ms. Brown indicated that she believes they are wrong; that the Zoning Commission can. Mr. Johnson indicated that they should get direction from Attorney Branse.
Chairman Cable stated that they should decide whether they would like to set up a subcommittee under the Zoning Commission’s authority. She indicated that they could propose changes to the drainage standards or to the Zoning or Planning Regulations. Mr. Johnson stated that these subcommittee members will need to have a real skill set. Chairman Cable agreed. Ms. Marsh stated that she is not sure why they need a committee to accomplish these changes. Chairman Cable stated that the more diverse the interest, the more successful they will be with making changes.
Ms. Marsh stated that her concern is the structure. She stated that if the Town as a whole wants this, the Town should establish it, not the Zoning Commission. The Commission came to the consensus to get additional information from Attorney Branse.
8. Correspondence
Kim Barrows completed her 60 hour training course and will get her CZET and recognition at the June Meeting. Chairman Cable stated that she would like to see her get recognition beyond that in the form of a raise.
Mr. Johnson stated that everyone received an email from Tom Risom regarding the sports center and he feels Tom was way off base in sending this email. He stated that he is offended by it and would like to go on record that it was inappropriate for Tom to lobby for it. He indicated that he would never do that and he does not feel it was right for Mr. Risom to have done that.
Chairman Cable agreed and stated that the Commission members cannot have their minds made up before a hearing. Mr. Johnson stated that he does not think Mr. Risom should be allowed to participate when an application is made. Ms. Marsh stated that she does not believe it is that serious; she pointed out there was no application and it was just brought before the Commission to see what the Commission thought. Ms. Marsh stated that Mr. Risom has an open mind and could hear the application fairly. She reiterated that she does not think he did anything improper.
9. Zoning Enforcement
a. Zoning Enforcement Report
None
b. Site Inspection Report
None
10. Miscellaneous/Adjourn
The meeting adjourned at 9:22 p.m. on a motion by Pat Looney; seconded by John Johnson and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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