OLD LYME ZONING COMMISSION
REGULAR MEETING
Wednesday, November 14, 2012
The Old Lyme Zoning Commission held a Regular Meeting on Wednesday, November 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, Tom Risom (Regular Member), Pat Looney (Regular Member), Ted Kiritsis (Alternate), Harland Frazier (Alternate) and Joan Bozek (Alternate).
Also present: Ann Brown, Zoning Enforcement Officer.
Chairman Cable called the meeting to order at 7:32 p.m. She noted that the Regular Members would be voting this evening unless otherwise stated.
A motion was made by Tom Risom, seconded by Jane Marsh and voted unanimously to amend the agenda to add under item number 6 as “New Business” - Discussion with respect to allowing Accessory Apartments in an R-20 zone.
1. Special Permit Application to demolish existing 2 family dwelling and construct a new single family dwelling in accordance with Section 9.1.3.2 and/or Section 9.4 of the Zoning Regulations on property located at 42 Portland Avenue, Fred Guidobono, applicant. Receive and set public hearing.
Ms. Brown stated that the applicant has asked for direction as to how much detail the Commission would like to see in the plans. Mr. Guidobono stated that the house is currently a two-family dwelling with six bedrooms and they would like to demolish it and construct a single-family dwelling with four bedrooms. Chairman Cable stated that the Commission needs construction details, along with architectural drawings, noting that what has been submitted is a sketch. She indicated that they will need elevations on the site plan to see the drainage and will also need a larger site plan. Ms. Cable stated that the Zoning Table should be on the site plan and suggested that the applicant look at the previous application’s site plan.
A motion was made by Tom Risom, seconded by Pat Looney and voted unanimously to receive the Special Permit Application for 42 Portland Avenue, Fred Guidobono, applicant and set a Public Hearing for Monday, December 10, 2012.
2. 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.
Mr. Johnson indicated that he listened to the Public Hearing from November. Chairman Cable noted that the following members would be voting on this matter – Jane Cable, Jane Marsh, John Johnson, Pat Looney and Ted Kiritsis.
Chairman Cable stated that she received a letter at her house this evening and she did not read it. She indicated that she hopes if others received it they did not read it. She pointed out that this individual was told that no more comments could be received and persisted by writing a letter to some Commission members. Ms. Brown asked for clarification as to who read the letter. Chairman Cable indicated that she did not read the letter; Mr. Kiritsis indicated that he did read the letter because he did not know what it was about until he read it. Ms. Brown asked if he would consider the information in the letter when making a decision on this matter. Mr. Kiritsis stated that he absolutely would not and indicated that the public ought to be reminded that they cannot have additional input
after the close of a public hearing.
Mr. Looney stated that everyone knows that this type of facility would be good for the Town. He indicated that the question is whether the Industrial Zone is a good place for it to be located. Mr. Looney stated that he knows from experience how active these types of facilities are and this could impact surrounding neighbors. Chairman Cable stated that any concerns she has could be addressed as part of the Site Plan Review. She pointed out that the Planning Commission approved the Amendment change so one can assume that they feel it is in conformance with the Plan of Conservation and Development. Mr. Kiritsis stated that he feels it will have a big impact on the neighboring subdivision. He indicated that safety is another issue.
Chairman Cable stated that when one chooses to live adjacent to an Industrial Park, there will be nuisances. She stated that there are noxious activities that are allowed in the Industrial Zone. Mr. Kiritsis stated that that is a separate issue. Chairman Cable stated that the LI-80 Zone was developed to bring in industrial development and keep it in a certain area. Ms. Marsh stated that there were concerns raised regarding the parking lot are concerns that the owner wouldn’t want going on. She noted that the facility is enclosed so the noise will be contained. Ms. Marsh pointed out that there won’t be trucks coming and going all day long. She indicated that it is not as busy as many of the other uses that could go in the industrial zone.
Mr. Looney stated that there is an overlap of teams arriving, departing and playing. Ms. Marsh stated that there will be an exchange of cars perhaps, but no back-up beepers from large trucks. Harlan Frazier stated that he lives near Townswood Park and the traffic and noise does not bother him. He noted that some days there is a lot of activity there. Mr. Frazier stated that he likes the idea of an indoor facility.
Mr. Kiritsis stated that Hatchetts Hill Road is a very dangerous road and there has been a fatality on it. Mr. Frazier stated that the Town and the neighbors could have a much higher impact use in the industrial zone. He indicated that he has been at Work Out World in Waterford and does not see the in and out traffic as bothersome. Mr. Johnson stated that the challenge in changing the regulations is when they have to approve the site plan and at that point in time they can make restrictions that will lessen impact to neighbors. He indicated that many townspeople need and want this type of facility.
A motion to deny was made by Ted Kiritsis and seconded by Pat Looney, as follows:
Whereas, the applicants, Kasie Munson and Patrick Pryor have submitted a petition to amend the Zoning Regulations with respect to Section 5.12.3 Special Permit Uses, Per Section 13B to include “Indoor Recreational Facility (including tennis, handball, paddleball, squash, swimming, skating, soccer, lacrosse, hockey, field hockey, and similar such activities) provided no portion of any building containing such Use shall be no less than 100 feet, measured horizontally, from any Residential or Rural District;”
Whereas, the Zoning Commission has held a duly noticed public hearing on September 10, 2012 which was continued to October 10, 2012 (Wednesday) and the decision was deferred to November 14, 2012 (Wednesday), and the commission has had an opportunity to hear testimony from citizens of Old Lyme and others; and
Whereas, the Commission has considered comments from the Old Lyme Planning Commission and others; and
Whereas, the Commission has considered the Comprehensive Plan of Zoning and finds that the proposed change is NOT compatible with the Comprehensive Plan of Zoning; and
Whereas, the Commission finds that there is NOT sufficient evidence to demonstrate that the proposed changes to the text are appropriate for the following reasons:
1. Safety;
2. Impact to adjacent residential neighborhood;
3. Effect on property values to residential neighborhood;
4. Change not in harmony to adjacent residential neighborhood;
5. Potential increase to amount of traffic
a. at various hours after dark;
b. flow through on nonstandard road, Hatchetts Hill Road [West];
c. noise pollution; and
d. light pollution
6. Potential loitering, at all hours, on proposed site and residential area;
7. No police patrol during late night;
8. Questionable control of outside gathering;
9. Traffic will be competing with:
a. Town Public Works large trucks and equipment;
b. Town vehicles refueling, i.e. emergency, police, etc.;
c. Commercial delivery tractor trailers;
d. Local contractor equipment.
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 DENIES approval to the proposed modification to the Zoning Regulations to modify Section 5.12.3 Special Permit Uses, Per Section 13B to include “Indoor Recreational Facility (including tennis, handball, paddleball, squash, swimming, skating, soccer, lacrosse, hockey, field hockey, and similar such activities) provided no portion of any building containing such Use shall be no less than 100 feet, measured horizontally, from any Residential or Rural District”. The motion did
not carry, 2:3:0, with Ms. Marsh, Ms. Cable and Mr. Johnson voting against.
Mr. Kiritsis stated that he questions the Planning Commission’s approval of the application because although he didn’t attend their meeting, he was told that the Commission didn’t discuss access, i.e., Hatchetts Hill Road.
A motion to APPROVE was made by John Johnson, seconded by Jane Marsh, as follows:
Whereas, the applicants, Kasie Munson and Patrick Pryor have submitted a petition to amend the Zoning Regulations with respect to Section 5.12.3 Special Permit Uses, Per Section 13B to include “Indoor Recreational Facility (including tennis, handball, paddleball, squash, swimming, skating, soccer, lacrosse, hockey, field hockey, and similar such activities) provided no portion of any building containing such Use shall be no less than 100 feet, measured horizontally, from any Residential or Rural District;”
Whereas, the Zoning Commission has held a duly noticed public hearing on September 10, 2012 which was continued to October 10, 2012 (Wednesday) and the decision was deferred to November 14, 2012 (Wednesday), and the commission has had an opportunity to hear testimony from citizens of Old Lyme and others; and
Whereas, the Commission has considered the Comprehensive Plan of Zoning and finds that the proposed change is compatible with the Comprehensive Plan of Zoning; and
Whereas, the Commission has considered comments from the Old Lyme Planning Commission, the Planning Commission at its Regular Meeting on August 2, 2012 approved a motion in favor of the amendment to the Zoning Regulations and others; and
Whereas, the Commission finds that there is sufficient evidence to demonstrate that the proposed changes to the text are appropriate with the following conditions and/or modifications:
1. Driveway and parking layout shall be designed to minimize the necessity for buses to back up;
2. Hours of operation shall be 7:00 a.m. to 9:00 p.m.
3. There shall be adequate areas inside the building(s) to accommodate athletes and spectators;
4. The number of parking spaces must be proposed, explained, and justified by the applicant at the time of submission for the special permit; all uses on the premises shall be listed and described in the Statement of Use; the adequacy of the parking proposed shall be determined by the Commission.
5. At a minimum one (1) parking space shall be provided for each four (4) occupants; maximum occupancy as determined by the Fire Marshal based on plans;
6. No liquor/alcohol beverages to be served, sold or consumed on the premises;
7. An adequate buffer is required to protect near-by residential properties;
8. Fencing is required to prevent trespassing onto abutting residential properties;
9. Private security plan is required for all hours when patrons are present on site;
10. Any outdoor environmental systems or exterior commercial vehicle noise shall be minimized to the maximum extent;
11. Truck delivery times shall be restricted to hours of operation;
12. All accessory uses require approval by the Zoning Commission.
Whereas, the Commission finds that the proposed regulation changes will permit the Commission:
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
Whereas, although the Zoning Commission has received comments from the Office of Long Island Sound Programs of the Department of Energy and Environmental Protection, after submitting the application materials to them for review, the Commission determines that the application and plans are consistent with the goals and policies of the Coastal Management Act; and SPECIAL REGULATIONS: New Section 11.27 -11.27 Indoor Recreational Facility in LI-80 Zone District. Recreational activities allowed are limited to tennis, handball, paddleball, squash, swimming, skating, soccer, lacrosse, hockey, field hockey, and similar such activities. The following conditions shall be imposed:
1. Driveway and parking layout shall be designed to minimize the necessity for buses to back up;
2. Hours of operation shall be 7:00 a.m. to 9:00 p.m.
3. There shall be adequate areas inside the building(s) to accommodate athletes and spectators;
4. The number of parking spaces must be proposed, explained, and justified by the applicant at the time of submission for the special permit; all uses on the premises shall be listed and described in the Statement of Use; the adequacy of the parking proposed shall be determined by the Commission.
5. At a minimum one (1) parking space shall be provided for each four (4) occupants; maximum occupancy as determined by the Fire Marshal based on plans;
6. No liquor/alcohol beverages to be served, sold or consumed on the premises;
7. An adequate buffer is required to protect near-by residential properties;
8. Fencing is required to prevent trespassing onto abutting residential properties;
9. Private security plan is required for all hours when patrons are present on site;
10. Any outdoor environmental systems or exterior commercial vehicle noise shall be minimized to the maximum extent;
11. Truck delivery times shall be restricted to hours of operation;
12. All accessory uses require approval by the Zoning Commission.
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to the proposed modification to the Zoning Regulations to modify Section 5.12.3 Special Permit Uses, Per Section 13B to include “Indoor Recreational Facility (including tennis, handball, paddleball, squash, swimming, skating, soccer, lacrosse, hockey, field hockey, and similar such activities) provided no portion of any building containing such Use shall be no less than 100 feet, measured horizontally, from any Residential or Rural District” with the conditions
specified and to add new Section 11.27 under Special Regulations to include “Indoor Recreational Facility (including tennis, handball, paddleball, squash, swimming, skating, soccer, lacrosse, hockey, field hockey, and similar such activities) provided no portion of any building containing such Use shall be no less than 100 feet, measured horizontally, from any Residential or Rural District” with the conditions specified.
The Commission discussed the conditions. No further discussion.
Motion carried 3:2:0, with Mr. Looney and Mr. Kiritsis voting against. The effective date shall be December 10, 2012.
Ms. Marsh, Mr. Johnson and Ms. Cable all indicated that they feel an indoor sports complex is an appropriate use in a light industrial zone.
3. Special Permit Application to demolish existing structure and construct a new single family dwelling in accordance with Section 9.1.3.2 of the Zoning Regulations on property located at 14 Oak Road, Grampa Fred and the Girls, LLC, applicants.
No action taken. The Public Hearing for this item was continued to the December 10, 2012 Regular Meeting.
4. Approval of the 2013 Meeting Schedule
A motion was made by Jane Marsh, seconded by Tom Risom and voted unanimously to approve the 2013 Meeting Schedule as submitted.
5. Approval of Minutes
A motion was made by Tom Risom, seconded by Jane Marsh to and voted unanimously to approve the Minutes of the Public Hearing and Regular Meeting of October 10, 2012 as submitted.
6. Any new or old business
Discussion regarding permitting accessory apartments into the R-20 Zone
Ms. Brown stated that the van Gool’s property is unique and has an apartment that was developed there many years ago. She noted that most properties in the R-20 zone are very small. She indicated that they have asked for the opportunity to get guidance from the Zoning Commission as they would like to make their apartment legal.
Mr. von Gool stated that his property is located on the Boston Post Road. He stated that the apartment was built above the garage by a previous owner who had an excavating business. Ms. Brown stated that the R-20 zone in that area of the Boston Post Road is a strip in front of the RU-80 zone. Ms. Marsh suggested changing the property to RU-80 where accessory apartments are allowed. Ms. Brown stated that in the past the Commission has indicated that they feel the R-20 zone has primarily small lots and accessory apartments are not appropriate in that zone. Mr. Risom suggested appealing to ZBA.
The Commission agreed that they are not inclined to allow accessory apartments in the R-20 zone. Mr. Risom stated that he would like to see this type of situation be an exception rather than making a rule allowing it for the entire R-20 zone.
Ms. Marsh stated that there nonconformity of not having road frontage is pre-existing.
7. Correspondence
Chairman Cable stated that for the past nine months, Steve Ross has run a committee to limit the extraction of water with an eye toward sewer systems. She noted that he made a proposal to the Selectmen that they bring an Ordinance to Town Meeting and the Selectmen felt that an engineer’s input was needed and they also would like a member of the Zoning Commission to be on this committee. Chairman Cable stated that she feels the Board of Selectmen is looking for small local septic treatment systems, neighborhood systems. Tom Risom volunteered to be on this committee. Chairman Cable asked that he report back to the Zoning Commission. Ms. Brown stated that Mr. Tolchinski is an Ex-Officio member of this committee and Rob McCarthy is on the committee representing the Planning Commission.
8. Zoning Enforcement
a. Zoning Enforcement Report
Ms. Brown stated that the DiCorletto lawsuit, 42 Breen Avenue, has been resolved. She stated that they have received permission from the Record’s Administrator to give back any of the R-10 submissions that were requested. She indicated that she has had two requests.
Ms. Brown stated that Lenny’s on the Beach received a cease and desist a few years ago for several things and the Zoning Board of Appeals upheld the cease and desist. She stated that they then appealed the ZBA and the judge upheld the ZBA. Ms. Brown explained that she has been trying to enforce and Lenny’s then applied to the Court for certification which was denied two weeks ago. Ms. Brown stated that she is continuing on with the enforcement. She explained that the judge had the opportunity to penalize Lenny’s with daily fines but they are now closed for the season. She pointed out that the platform is still outside.
Ms. Brown stated that there were many cottages badly damaged during the hurricane. She indicated that DEP quickly issued general permits to allow people to move sand back to where it belongs. She stated that she believes the Zoning Commission and Zoning Board of appeals will be seeing a lot of applications in the near future.
Ms. Brown stated that all of Chapter 9, the nonconforming chapter, is difficult to understand. She indicated that she and Attorney Branse have marked some parts where they feel the regulation can be clarified. Ms. Marsh stated that she remembers discussing that Special Exceptions cannot be varied when they were re-writing the Regulations. She indicated that they have to specifically write that in the Regulations to make it clear to the Zoning Board of Appeals. Ms. Brown stated that Attorney Branse felt that the Zoning Board of Appeals could grant the variance, but the Zoning Commission could deny the Special Permit.
Ms. Brown stated that if the Commission has any other changes they would like to see, or any uses added to the LI zone, they should get them to her so that they can consider them at the same time as those suggested by Attorney Branse.
Ms. Brown stated that Old Lyme approved the Hazard Mitigation Plan several years ago which made them eligible for extra aid money during disasters. She stated that Old Lyme is not eligible because the document expired. Ms. Brown explained that CRERPA is working diligently renewing it and when it is ready she will get it to the Commission so that they can approve it and then some of the elevations will get grant money.
b. Site Inspection Report
None.
9. Miscellaneous/Adjourn
The meeting adjourned at 9:43 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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