OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, September 10, 2012
The Old Lyme Zoning Commission held a Regular Meeting on Monday, September 10, 2012, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting Jane Cable, Chairman, Jane Marsh, Secretary, John Johnson, Vice Chairman, Pat Looney (Regular Member), Ted Kiritsis (Alternate), and Harland Frazier (Alternate).
Also present: Ann Brown, Zoning Enforcement Officer.
Chairman Cable called the meeting to order at 7:32 p.m. She noted that Mr. Kiritsis would be voting in the absence of two Regular Members. Chairman Cable noted that Mr. Kiritsis was present at last Public Hearing for the Francis application. Ms. Brown stated that Mr. Johnson was late for the Public Hearing in August and Mr. Harlan should vote in his place for 81 Connecticut Road. Mr. Johnson indicated that he was present for most of the Public Hearing and would like to participate in the vote. Chairman Cable immediately recessed the Regular Meeting to conduct the Public Hearing. The Regular Meeting reconvened at 10:29 p.m.
Ms. Brown suggested changing the order of the agenda to accommodate two small items.
A motion was made by John Johnson, seconded by Jane Marsh and voted unanimously to amend the agenda to move items numbered 4 and 5 to be number 1 and 2 and renumber from there.
1. Special Permit Application to construct a 3 car detached garage on property located at 18 Clifton Street, Lawrence and Judith Odishoo, property owner.
Ms. Brown stated that the lot is nonconforming and located in the R-10 Zone but the garage is in a conforming location.
A motion was made by John Johnson, seconded by Pat Looney and voted unanimously to receive the Special Permit Application for 18 Clifton Street and set a Public Hearing for October 10, 2012 (Wednesday).
2. Site Development Plan Modification Application for 5-1 Davis Road East to permit installation of a food cooler on the basement floor and sale of food items at retail prices, Healthy Addiction LLC, applicant; Robert Giannotti, Manager, BGP Developers, LLC, property owner.
Ms. Brown stated that this application is for receipt but the Commission could dispatch it this evening.
Mr. Schriver stated that the site is on Davis Road West. He indicated that the structure has two business on the first floor and two in the basement. He indicated that two thirds of the basement is a purpose built rowing establishment and the remaining one third is a fitness gym/personal training. Mr. Schriver stated that Healthy Addiction stated that one year ago they started a healthy food program, specifically high-protein foods one would eat before and after workouts. He indicated that they propose a 3’ x 4’ cooler, about the size of a coke machine. Ms. Brown stated that it is retail that will be used by people in the gym but also for people to stop in and purchase. She noted that the parking has been designed for the site. Ms. Marsh noted that most of the
clientele will be people that are already at the establishment. Mr. Schriver agreed, but noted that he will advertise. He indicated that he would like to have seating for four to five people.
A motion was made by John Johnson, seconded by Jane Marsh and voted unanimously to waive the Special Permit per Section 13 B.2.2 but with the condition that the seating be limited to 5 seats and the use to be limited as described in the Statement of Use.
3. Special Permit Application to install a 10’ x 42” diameter buried propane tank and concrete pad (Section 4.3); also reaffirmation of April 9, 2012 approval of a Special Permit Application to permit an air-conditioning unit (compressor) on the roof of existing structure on property located at 81 Connecticut Road, Michael and Helen Francis, applicants.
Chairman Cable stated that there was testimony regarding the noise level of the compressor. She noted that the use of a sound barrier was discussed. Ms. Brown stated that the applicant provided a drawing of the proposed fencing to be used as a sound barrier. She indicated that she spoke to people and read about sound. Ms. Brown stated that from what she has learned, without expert analysis of the entire situation, she does not think that the Commission can guarantee that there will be a reduction in noise. Chairman Cable stated that the State has sound regulations and the difficulty is that the Town does not enforce sound regulations. She indicated that one can go to Radio Shack and for less $100 purchase a meter to monitor sound and a
generator to calibrate the meter. Ms. Brown stated that the Town of Old Lyme has a Noise Ordinance and the Police are authorized to uphold it. Ms. Marsh stated that she went through this with her windmills and agreed that monitoring noise is complicated. She indicated that she spent almost $10,000.00 on noise monitoring to satisfy her neighbor. Ms. Marsh agreed with Ms. Brown and stated that it is very difficult to monitor and test because of other background noises.
Chairman Cable stated that the applicant is proposing a cedar fence around the generator and a noise insulator called sound sense and is used inside room to room or outdoors on fences. She indicated that the applicant brought the proposal to Ann at the Commission’s request. Ms. Cable stated that the application has two parts, one being the re-approval of the air conditioning unit on the deck and the second part is the propane tank being located underground.
Mr. Looney stated that the fencing will not be taller than the height of the roof. Ms. Brown stated that the difference between this Public Hearing and the last is that the neighbor is testifying that the noise is bothersome.
Chairman Cable noted that voting on this item is: J. Cable, J. Johnson, P. Looney, T. Kiritsis, and H. Frazier.
A motion was made by John Johnson, seconded by Pat Looney and voted unanimously to approve the air conditioning unit in its current placement with a soundproofed fence as proposed.
Mr. Looney stated that the plan has not been approved by the Fire Marshal. Ms. Brown noted that the applicants must receive approval prior or they will not receive a permit to install the tank.
A motion was made by Pat Looney, seconded by John Johnson as follows:
Whereas, the Zoning Commission has received a Special Permit Application dated June 27, 2012 with proposal, abutter list, deed and proposed architectural site plan prepared for Zoning Commission by Point One Architects dated 10/17/2011 revised to 02-21-12 for propane tank, sheet Z1.2
Whereas, the Zoning Commission has held a duly noticed public hearing on August 13, 2012, and the commission has heard testimony from citizens of Old Lyme and the applicant; and
The decision on the matter was deferred to the September 10, 2012 Regular Meeting.
Whereas, the proposed modification (installation of a 10’ x 42” diameter buried propane tank and concrete pad) is permitted under section 4.3 of the Old Lyme Zoning Regulations, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 13 A and 13 B of the Regulations.
And, whereas, the Commission confirms that the proposed installation of a 10’ x 42” diameter buried propane tank and concrete pad are designed and arranged as follows:
a. to achieve safety, comfort and convenience;
b. to conserve as much of the natural terrain and provide for vegetation on the site to the extent practical;
c. to be in architectural harmony with the surrounding area;
d. to protect nearby residential and preservation areas;
e. to show that reasonable consideration has been given to the matter of restoring and protecting the ecosystem and habitat of Long Island Sound and reducing the amount of hypoxia, pathogens, toxic contaminants and floatable debris therein; and
Whereas, the Zoning Commission has deliberated and considered the evidence presented at the hearing as well as the input of its staff and professional consultants; and
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to Michael and Helen Francis at 81 Connecticut Road, Old Lyme, CT, for the installation of a 10’ x 42” diameter buried propane tank.
4. Petition to Amend the Old Lyme Zoning Regulations to allow in a Light Industrial District (LI-80) zone the constructing and operating of indoor recreational facilities. This would be a “Special Permit Use” under the provisions of Section 5.12.3 of the Zoning Regulations, Kasie Munson, 7 Duchess Drive and Patrick Pryor, 41 Jericho Drive, applicants.
No action taken. Public Hearing continued to Wednesday, October 10, 2012.
5. Special Permit Application and Municipal Coastal Site Plan Review Application to construct a 14,600 s.f. two story professional office building at 1 Huntley Road, Huntley & Halls, LLC, applicants.
Mr. Johnson asked that the labeling on the elevation drawings be corrected.
A motion was made by John Johnson and seconded by Ted Kiritsis as follows:
Whereas, the Zoning Commission has received applications for a Special Permit Application dated August 8, 2012 with accompanying statement of use, traffic report dated October 25, 2007 prepared by Traffic Engineering Solutions, P.C. and a Municipal Coastal site Plan Review Application dated August 13, 2012 and the following maps: Site Development Plan of 1 Huntley Road Old Lyme, Connecticut prepared for Huntley & Halls, LLC dated August 6, 2012, prepared by Fedus Engineering, LLC Civil Engineers, Scale 1” = 20’, sheet 1 of 7; Landscape, Drainage & Lighting Plan of 1 Huntley Road Old Lyme, Connecticut prepared for Huntley & Halls, LLC dated August 6, 2012, prepared by Fedus Engineering, LLC Civil Engineers, Scale 1” = 20’, sheet 2 of 7; Septic Design Plan of 1 Huntley Road Old Lyme, Connecticut prepared for Huntley & Halls, LLC dated August 6, 2012, prepared by Fedus Engineering, LLC Civil Engineers, Scale 1” = 20’, sheet 3 of 7; Septic Details of 1 Huntley Road Old Lyme,
Connecticut prepared for Huntley & Halls, LLC dated August 6, 2012, prepared by Fedus Engineering, LLC Civil Engineers, Scale 1” = 20’, sheet 4 of 7; Construction Details of 1 Huntley Road Old Lyme, Connecticut prepared for Huntley & Halls, LLC dated August 6, 2012, prepared by Fedus Engineering, LLC Civil Engineers, Scale 1” = 20’, sheet 5 of 7; Construction Details of 1 Huntley Road Old Lyme, Connecticut prepared for Huntley & Halls, LLC dated August 6, 2012, prepared by Fedus Engineering, LLC Civil Engineers, Scale 1” = 20’, sheet 6 of 7; E & S Control Notes and Details of 1 Huntley Road Old Lyme, Connecticut prepared for Huntley & Halls, LLC dated August 6, 2012, prepared by Fedus Engineering, LLC Civil Engineers, Scale 1” = 20’, sheet 7 of 7;
Whereas, the Zoning Commission has held a duly noticed public hearing on September 10, 2012, and the commission has had an opportunity to hear testimony from citizens of Old Lyme and the applicant; and
Whereas, the proposal to construct a 14,600 square foot two story professional office building is allowed by Special Permit under the Old Lyme Zoning Regulations Section 5.10.3; Special Permit Uses, Per Section 13B and Section 17A.2.15 and, and the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions of Section 13B of the Regulations with the following modifications required to be added to the final plan:
1. Delineate additional handicap spaces if needed and show appropriate grading (elevations) to assure proper ramp access to the building. Van accessible parking spaces should be clearly delineated. Inclusion of additional handicap parking spaces may require a modification to the parking layout; if so, a modification to the site plan application must be submitted to the Zoning Commission.
2. Septic system design/location and/or stormwater systems must be modified so there is a 50’ minimum separation between leaching system and down gradient stormwater infiltration or retention/detention systems.
3. The maximum allowable elevation of the building shall be 70.6 ft NAVD88 (35.6 ft [lowest existing ground elevation @ building] +35 ft [maximum allowable building height] = 70.6 ft).
4. Applicant shall provide an as-constructed elevation of the top of the building as measured by a licensed land surveyor to verify compliance with the building height requirement prior to the issuance of a Certificate of Zoning Compliance and occupancy of the building. Verification should be performed during the construction phase of the building rather than waiting until the end of the project.
5. Conform to Wetlands Permit #07-31.
6. As-built plan showing all improvements prior to Certificate of Zoning Compliance.
8. Labeling on elevations to be corrected.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13B, in particular that the proposed use, buildings and other structures and site development are designed and arranged as follows:
to achieve safety, comfort and convenience;
to conserve as much of the natural terrain and provide for vegetation on the site to the extent practical;
to be in architectural harmony with the surrounding area;
to protect nearby residential and preservation areas;
to show that reasonable consideration has been given to the matter of restoring and protecting the ecosystem and habitat of Long Island Sound and reducing the amount of hypoxia, pathogens, toxic contaminants and floatable debris therein; and
Whereas, the Zoning Commission has deliberated and considered the evidence presented at the hearing as well as the input of its staff and professional consultants; and
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to Huntley & Halls, LLC for the Coastal Site Plan, and Special Permit applications for the construction of a 14,600 square foot two story professional office building on property at 1 Huntley Road, Old Lyme, CT, with the modifications specified.
5. Approval of Minutes
A motion was made by Jane Marsh, seconded by John Johnson and voted to approve the Minutes of the Public Hearing and Regular Meeting of August 13, 2012 as submitted.
Motion carried 4:0:1, with Ms. Cable abstaining.
6. Any new or old business
Ms. Brown stated that she received a phone message from Kim Barrows after she had left for the day today saying that she thought DEP shut down the school project because someone found a snail. Ms. Brown stated that she was referring to the Academy Project. Mr. Johnson stated that if that had happened today he believes he would have heard.
7. Correspondence
None.
8. Zoning Enforcement
a. Zoning Enforcement Report
Ms. Brown stated that she has an appointment and will be visiting the Finkledey property this coming Wednesday afternoon. She indicated that she has had a few small violations that have been cleared up quickly; she noted that many were wetlands violations.
b. Site Inspection Report
None.
9. Miscellaneous/Adjourn
The meeting adjourned at 11:10 p.m. on a motion by John Johnson; seconded by Jane Cable and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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