OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, June 11, 2012
The Old Lyme Zoning Commission held a Regular Meeting on Monday, June 11, 2012, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were Jane Cable, Chairman, Jane Marsh, Secretary (arrived at 7:35 p.m.), John Johnson, Vice Chairman, Pat Looney (Regular Member) and Ted Kiritsis (Alternate).
Also present: Harland Frazier (Alternate), Joan Bozek (Alternate arrived at 7:35 p.m.) and Ann Brown, Zoning Enforcement Officer.
Special Guest: Marc Cohen
Chairman Cable called the meeting to order at 7:32 p.m. Chairman Cable noted that there are no Public Hearings this evening.
1. Formal review and discussion with Marc Cohen regarding the draft “Old Lyme, Connecticut Source Water Protection Plan (draft 3/22/2012).
Mr. Cohen introduced himself and noted that he emailed the draft to every Commission Member. He stated that his funding came from the USDA World Development and it ended in December. Mr. Cohen explained that the Town worked it out so that he could finish the draft.
Mr. Cohen explained that he works with Towns in the water system to develop source water protection plans and in doing such he worked with DEP and the aquifer protection program. He explained that this work was with active water systems in gravel aquifers which does not apply to Old Lyme. Mr. Cohen stated other Towns asked what they could do to protect potential aquifers and the DEP referred them to him. He indicated that he began working with Old Lyme after Jack Collins from the Water Resource Committee inquired to the DEP and was referred to him.
Mr. Cohen stated that he met with the Water Resource Committee where he learned of their goal of developing a regulation to regulate the exportation of water. He indicated that this was not his expertise but he did help with research and such. Mr. Cohen stated that after a time he was asked to write the draft Water Protection Plan for Old Lyme.
Mr. Johnson questioned whether the Towns Mr. Cohen is working with have public water. Mr. Cohen replied that all the Towns he works with have public water systems. Chairman Cable pointed out that Zoning Commissions are one of the only commissions that are enabled by the State to protect water.
Mr. Cohen stated that his draft plan is similar to that of other Towns. He explained that there is a lot of background in the plan. Mr. Cohen stated that he will assist with implementation of the plan. He noted that a first step is to develop a Zoning overlay with potential aquifers. Mr. Cohen explained the enclosed map which notes gravel aquifers and potential aquifers which are important areas to protect for future water supply. He noted that Zoning Regulations to protect these areas would be quite simple to incorporate, such as excluding new gas stations or any use that uses hazardous materials for example.
Chairman Cable explained that Steve Ross started the Water Resource Committee because one of the beach areas hooked up to sewers and began sending their water to New London. She stated that the concern is that the salt water from the Sound will begin to infiltrate the aquifer and existing wells in the area. Mr. Cohen explained that sewers won’t have an effect in this regard in areas that have public water.
Mr. Cohen stated that the three main focuses are the zoning overlay, waste water management and storm water. He stated that the opportunity to protect the aquifers is now. Chairman Cable stated that it would be advantageous if all the Commissions would get on board, along with the Board of Selectmen, as it would require an Ordinance. She noted that she does not sense a lot of interest which is a shame. Mr. Johnson suggested holding a workshop. Mr. Cohen explained that there will always be salt water intrusion, such as in Louisiana. He drew an example and explained the concept to the Commission. Chairman Cable stated that the Water Resource Committee is attempting to regulate less than 50,000 gallons a day; she noted the State allows the exportation of more than 50,000
gallons a day. Ms. Marsh stated that the issue is more and more of the beach areas taking water from Old Lyme and sending it to the Thames River.
Mr. Cohen stated that he will make a presentation to give when the Commission has a workshop. He indicated that he is hopeful that the Town will implement the plan. Chairman Cable noted that in the past she has suggested establishing a subcommittee that is advisory only. She indicated that Attorney Branse stated that it would be okay to do so. She indicated that she believes it would be a good idea to have one or two Zoning Commission members on this subcommittee. Ms. Bozek questioned whether this solution is a town-wide approach, coordinated among all the Commissions. Chairman Cable stated that a Town-wide approach would start with the Board of Selectmen, which would start with a Committee. She indicated that she has spoken with Ms. Reemsnyder who indicated that there is nothing
else in the works. Chairman Cable stated that she would like to see Planning onboard as they implement a lot of this in dealing with subdivisions. She noted that they should be prepared as the economy improves and development increases. Ms. Bozek stated that she thinks it is a good idea and she is very much in favor of it.
Chairman Cable stated that they will plan a workshop which may take a little time to coordinate and will contact Mr. Cohen. The Commission thanked him for his time.
2. 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 May 14, 2012 as submitted.
3. Any new or old business
None.
4. Correspondence
None.
5. Zoning Enforcement
a. Zoning Enforcement Report
Ms. Brown stated that she received a complaint and she is not sure whether the cars are registered on Hatchetts Hill Road.
Ms. Brown stated that he Police Department has been documenting that Lenny’s has amplified music. She noted that they have also had amplified music inside, which violates his liquor permit. Ms. Brown stated that Lenny came to the Board of Selectmen stating that the Town and Police are not treating him fairly; he indicated that he was given a ticket for parking on his own sidewalk. Ms. Brown stated that Ms. Reemsnyder responded that the police were gathering information for the Zoning Commission. She explained that Lenny indicated that he is keeping a log book of these events and hopes the Town does not interfere so much that he has to close. Ms. Brown explained that Lenny did not show up at the last Court date and they are going to Court again in July. Ms. Brown
stated that she has not seen the Police reports. Chairman Cable stated that Judges do not like to act when people don’t show up.
Chairman Cable indicated that they may have to hold a Special Meeting regarding DiCorletto at 43 Breen Avenue, to get it in shape for the Court to approve the agreement.
Mr. Looney questioned whether the Town is actually performing inspections on the construction project and given them a stop work order. He questioned what is going on. Ms. Brown indicated that if he is asking about 38 Lone Pine, they were given a Cease and Desist Order and submitted a plan that was ultimately approved. He questioned whether any inspections were performed by the Town of Old Lyme while the Cease and Desist was in effect. Ms. Brown indicated that she does not believe so.
Mr. Looney questioned whether there were any inspections for the one with the windows and the deck. Ms. Brown indicated that there are no permits for that project. Mr. Looney questioned why only Zoning has issued a stop work order. Ms. Brown indicated that she couldn’t answer for others. Chairman Cable noted that there has to be a permit in order to go out and inspect. She noted that many times they find out about work because neighbors call to complain.
Mr. Kiritsis stated that 93 Flat Rock Hill goes back to 2010 and asked if it has been inspected since 2010 when they were given 30 days to clean it up. Ms. Brown stated that it was not cleaned up upon her 30-day inspection and she has made no other inspections since then.
Mr. Kiritsis stated that 41 Hatchetts Hill notates that the owner will be contacted. He questioned whether that has occurred. Ms. Brown stated that she has driven by and noted that a berm has been constructed. Chairman Cable noted that she has taken pictures which she is having trouble getting out of the camera, but it is very high, constructed of sand and gravel and not something that she would consider a berm. Mr. Kiritsis stated that he has asked time and time again for an inspection at this property. Ms. Brown indicated that she did inspect the property and noted the berm. Mr. Kiritsis stated that the Zoning Enforcement Report is the first that he has seen in two or three years. He indicated that he feels he is getting lip service. Mr. Looney stated
that the enforcement process takes a very long time. Mr. Johnson agreed and indicated that enforcement should be made a priority. Ms. Brown agreed she has done very little enforcement.
Ms. Bozek questioned whether there is any staff reorganization that could take place that could be a solution. Ms. Brown stated that Ms. Barrows received her Certified Zoning Enforcement Technician designation. Chairman Cable stated that there is a lot going on in the Land Use Department, even with the current economy.
b. Site Inspection Report
None
6. Miscellaneous/Adjourn
The meeting adjourned at 9:01 p.m. on a motion by John Johnson; seconded by Pat Looney and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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