OLD LYME ZONING COMMISSION
PUBLIC HEARING
Monday, August 12, 2013
The Old Lyme Zoning Commission held a Regular Hearing on Monday, August 12, 2013, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present were: Jane Cable, Chairman, Jane Marsh, Secretary arrived at 7:40 p.m., John Johnson, Vice Chairman, Tom Risom (Regular Member) and Pat Looney (Regular Member.
Also present: Harland Frazier (Alternate), Ted Kiritsis (Alternate, seated until Jane Marsh arrived at 7:40 p.m.) and Ann Brown, Zoning Enforcement Officer.
Chairman Cable called the Public Hearing to order at 7:32 p.m.
1. Modification to a Site Development Plan, 458 Shore Road, to add a two bedroom apartment to the warehouse building, Mark J. Brett, applicant.
Mr. Johnson read the legal notice for tonight’s Public Hearings as published in the New London Day on Tuesday, July 30 and Tuesday August 6, 2013. He also read the exhibit list for the record. Ms. Brown noted that abutter notification is not required of a Site Development Plan Application. Mr. Johnson read the referral response letter from the Fire Marshal, David Roberge.
Matthew White, Angus MacDonald/Gary Sharpe and Associates, was present to represent the applicant. Mr. White submitted a revised site plan which was marked Exhibit K. Mr. White stated noted that the revision date of the plan is incorrect, as it says 8-19-13.
Mr. White noted that the proposal is to construct a two-bedroom apartment within the existing building on the site. He indicated that as a result of Ms. Brown’s comments they have made significant changes to the plans. Mr. White stated that her first comment is that Section 9.1.3.1 prohibits the enlargement of a building on a nonconforming lot. He pointed out that the lot does not meet the minimum 150’ required building square. Mr. White stated that by removing the proposed porch and deck off the building, they are not expanding the building and therefore all the changes would be interior, with the exception of a second floor exterior, open staircase. Ms. Brown handed out a copy of Section 9.1.3.1 to the Commission members and noted that prohibits outbuildings from having a
living space. She indicated that she was not sure whether this applied or not because she is not sure if it is considered an accessory building. Mr. White pointed out that this building is the largest one on the lot and he would argue that it is the primary building on the lot. Ms. Brown stated that there are two buildings on the lot and she never considered one or the other primary. Ms. Brown read the definition of “extension” and “enlargement.” Ms. Brown stated that with the exception of the staircase, there is no increase in floor area. She noted that the floor area and volume have not increased.
Mr. Looney questioned whether there would be any change to the exterior of the structure? Mr. White stated that there will be window changes and an addition of an exterior staircase. Mr. Kiritsis questioned whether the applicant could remove the staircase as stated at the July 8 Meeting. Mr. Brett stated that it was in the parking spaces and they were going to relocate it. Mr. White stated that was when the deck addition was proposed and the staircase was attached to it and therefore further away from the building.
Mr. Johnson stated at enlargement also includes any increase in the days of operations, any increase in the scope of services and any increase in hours of operation. Chairman Cable stated that residential uses don’t have hours of operation. Mr. Risom pointed out that it is a non-residential use. Mr. Johnson stated that he would like to get clarification from the Commission’s counsel. Mr. Brett stated that his wife and he will be living in the apartment, it is not for rental.
Mr. White stated that they revised the plan based on comments from the Sanitarian. He indicated that there are excellent soil conditions. He indicated that any further comments would be easily addressed. He indicated that he would ask that the Sanitarian’s approval be a condition of approval.
Mr. White stated that they reviewed the parking and came up with a total of 20 required spaces for all the uses on the property. He noted that there are currently 12 spaces, four of which are in the warehouse building. Mr. White stated that they have demonstrated compliance with 20 parking spaces and propose it as reserved parking that they do not plan to build. Mr. Brett noted that they are currently under parked. Mr. Johnson stated that that is his observation of the property.
Ms. Brown noted that she has observed storage outside and questioned whether there was adequate interior storage for all the equipment. Mr. Brett stated that they have secured space elsewhere for that which is why she has not seen anything outside lately. He noted that she is referring to lifts.
Mr. White stated that they have not received comments from Mr. Metcalf but noted that there is not much engineering on the plans. He questioned whether they would have to wait for Mr. Metcalf’s comments.
Chairman Cable questioned whether Matthew Fletcher signed the application. Ms. Brown stated that it would depend upon how it is owned whether Mr. Brett could sign the application. Chairman Cable stated that the property is owned by Matthew Brett and Matthew Fletcher. She indicated that she wouldn’t let it hold things up but she would like Mr. Fletcher to sign the application.
No one present spoke in favor of or against the application.
The Commission discussed whether they should get an opinion from counsel on whether this application is an enlargement or extension and agreed to continue the Public Hearing to the September Regular Meeting. Ms. Marsh stated that stairs on the outside would require a trip to the Zoning Board of Appeals. She suggested that the applicant may want to consider moving them to the interior of the building.
A motion was made by John Johnson seconded by Pat Looney and voted unanimously to continue the Public Hearing to the September 9, 2013 Regular Meeting on the Modification to a Site Development Plan, 458 Shore Road, to add a two bedroom apartment to the warehouse building, Mark J. Brett, applicant.
Chairman Cable adjourned the Public Hearing at 8:05 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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