OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, February 10, 2014
The Old Lyme Zoning Commission held a Regular Meeting on Monday, February 10, 2014, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were: Jane Cable, Chair, John Johnson, Vice Chairman, Jane Marsh, Secretary, Ted Kiritsis, alternate and Gil Soucie, alternate.
Also present was Ann Brown, Zoning Enforcement Officer.
Chairman Cable called the meeting to order at 7:33 p.m. She noted that Member Patrick Looney has resigned and Alternate Joan Bozek has been appointed by the Selectmen to finish his term. Chairman Cable stated that Mr. Looney has been an extremely valuable member of the Zoning Commission and brought a depth of expertise in building that was a great benefit to the Commission. She stated that he will be missed. Chairman Cable immediately recessed the Regular Meeting to conduct the Public Hearing. At 8:30 p.m. Chairman Cable reconvened the Regular Meeting.
1. Petition to Amend the Zoning Regulations, Section 14.5.1~(amended wording in bold): 14.5.1 Spacing from House of~Worship or School. No Building, other Structure or Premises shall be Used as a liquor establishment if any entrance to such liquor establishment is located within 200 feet or less radius from a property containing a House of Worship or school building provided, however, that a Building, Structure or Premises is eligible to be used as a liquor establishment within such distance if the House of Worship or school was erected on such property after the lawful commencement of the liquor establishment Use. The spacing requirements from a House of Worship shall not apply to establishments having a grocery store
permit for the sale of beer only, Assif Choudhry, Petitioner.
Mr. Johnson stated he feels the application should be denied. He indicated that they have heard the public speak. Mr. Johnson stated that he has sympathy for the applicant but does not believe the survival of his business is based on whether this proposal is approved or not. He indicated it might make the business more saleable. Mr. Johnson stated that he is concerned about the neighbors and it is irrelevant whether the church has spoken against it or not. Mr. Kiritsis agreed with Mr. Johnson’s comments.
Ms. Marsh voted against, noting that she does not see the need to change the Regulation and agreed that Old Lyme is different that Old Saybrook and East Lyme and that’s because people in Old Lyme want it that way.
Mr. Johnson voted against and stated that he is against for the reasons he previously stated. He noted that he does not feel they need to make alcohol more available for kids.
Mr. Kiritsis voted against noting that by doing so they are upholding the preamble of the Zoning Regulations.
Mr. Soucie voted against and noted that the applicant had the opportunity in the past when it was not a church, to obtain a permit.
Chairman Cable voted against and stated that there are more reasons for not making this amendment then there are for making it.
Ms. Brown noted that the motion is to deny and all the Commission members are voting against it. She asked that they clarify.
Each member clarified that their vote is to deny the application.
A motion was made by Jane Marsh, seconded by Ted Kiritsis as follows:
Whereas, the Zoning Commission has received a petition to amend the Zoning Regulations with respect to Section 14.5.1 Spacing from House of Worship or School to include the sentence, “The spacing requirements from a House of Worship shall not apply to establishments having a grocery store permit for the sale of beer only;” and
Whereas, the Zoning Commission has held a duly noticed public hearing on January 13, 2014 and February 10, 2014, and the commission has had an opportunity to hear testimony from citizens of Old Lyme and others; and
Whereas, the Planning Commission at its Regular Meeting on December 12, 2013 approved a motion in favor of this amendment to the Zoning Regulations, and the Commission has considered these comments; and
Whereas, the Commission finds that there is NOT sufficient evidence to demonstrate that the proposed changes to the text are appropriate;
Whereas, the Commission finds that the proposed regulation changes will NOT ADEQUATELY 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;
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 Old Lyme Zoning Commission finds that the proposal is NOT consistent with the Old Lyme Plan of Conservation and Development; and
Now, therefore be it resolved that the Old Lyme Zoning Commission DENIES approval to the proposed Petition to Amend the Zoning Regulations, Section 14.5.1. The motion to DENY passed unanimously, 5-0-0.
2. Special Permit Application to permit demolition of existing detached garage and construction of an attached garage, enlargement of first floor and renovation of second floor in accordance with Section 9.1.3.2 on property located at 25 Massachusetts Road, Joe Minkos, owner.
The Commission members agreed to add four conditions to the proposal:
1. An as-built survey of the constructed additions in their approved locations, prepared by a licensed land surveyor must be submitted to the Town to verify compliance with approved plans.
2. Modified survey proposal must be submitted: bathroom bumpout is 7’ x 6’6”.
3. Enlargement of roof on south side of building shall be removed.
4. Shed ceiling height not to exceed 5’ 11”.
A motion was made by John Johnson, seconded by Ted Kiritsis and voted unanimously, as follows:
Whereas, the Zoning Commission has received a Special Permit Application dated December 26, 2013 by property owner, January 6, 2014 by applicant with statement of use and abutter list; also Proposed Plans prepared by Blue Moon Design Architectural Design, LLC for 25 Mass. Road Old Lyme, CT dated 11-25-13 Sheet A-1 and Site Diagram prepared by Blue Moon Design Architectural Design, LLC for 25 Massachusetts Road, Old Lyme, CT dated 11-25-13 Sheet A-2 for additions to the existing house;
Whereas, the Zoning Commission has held a duly noticed public hearing on February 10, 2014, and the Commission has had an opportunity to hear testimony from the public and from the applicant; and
Whereas, the proposed enlargements are allowed by Special Permit under section 9.1.3.2 of the Old Lyme Zoning Regulations, and the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions of this section:
- there is no new nonconformity, nor increase in any existing nonconformity, with respect to setback, coverage, and other Bulk requirements;
Whereas, the Commission has considered:
a. the density or intensity of the Lot and the surrounding area, including the area and topography of the Lot, its coverage by Buildings, the height and volume of such Buildings, the number of Dwelling Units or bedrooms, and the ratio of impervious surfaces;
b. the natural resources on the Lot and in the vicinity of the Lot which may be adversely impacted;
c. the access to the Lot, including whether access roads are public or private, their surface condition, width, grade, flood hazard, drainage, existing traffic volume, and suitability for increased traffic or population to be served;
d. Access to the existing or proposed Building(s) or Structure(s) on and Abutting the Lot for emergency vehicles and public safety personnel;
e. the character of the neighborhood, including the scale of other Buildings or Structures in the area, the streetscape, impact on marine or coastal vistas as viewed from public Streets or other public viewing areas;
f. privacy, light, and air for the subject Lot and Abutting Lots;
g. increased effluent disposal volumes, the condition of the existing septic system on the Lot, and the impact on potential future repair or expansion of any such septic system; and
Whereas, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions of Section 13A and Section 13B of the Regulations with the following modifications required to be added to the final plan:
1. An as-built survey of the constructed additions in their approved locations, prepared by a licensed land surveyor must be submitted to the Town to verify compliance with approved plans.
2. Modified survey proposal must be submitted: bathroom bumpout is 7’ x 6’6”.
3. Enlargement of roof on south side of building shall be removed.
4. Shed ceiling height not to exceed 5’ 11”.
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:
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 with the required modifications for the Special Permit Application to permit the additions proposed as shown on the submitted plans for 25 Massachusetts Road Old Lyme, CT. Motion carried, 5-0-0.
A motion was made by John Johnson, seconded by Ted Kiritsis and voted unanimously to modify the agenda to move current item number 7, Correspondence, to item number 3 and renumber. Motion carried, 5:0:0.
3. Correspondence
E-mail dated February 7, 2014 from Barbara Crowley of the Chocolate Shell, 18 Lyme Street to discuss certain items concerning Lyme Street businesses.
Chairman Cable reminded Ms. Crowley that she is here to discuss improvements to businesses on Lyme Street, not a Cease and Desist Order.
Ms. Crowley stated that she is present to discuss the Regulations that affect her business and others on Lyme Street. She noted that she purchased the Chocolate Shell and has been trying to upgrade it but one of the problems she has faced is the inconsistent zoning being applied to each business. She stated that the businesses along Lyme Street are owned by active members of the community. Ms. Crowley stated that she believes there is selective enforcement of the Zoning Regulations on Lyme Street. She stated that if someone complains then an issue will be addressed but if no one complains the issues do not get addressed. Ms. Crowley stated that this creates a discrepancy between two similar businesses that are treated differently. She asked that the Zoning Commission get a group together to
write Regulations for the properties that are in the R-15 Zone but are commercial uses. She stated that there should be a level playing field with same rules and the enforcement should not be selective. Ms. Crowley noted that all businesses on Lyme Street pay taxes and need to feel the support of the Commission.
Chairman Cable stated that if Ms. Crowley is interested in creating a Village Arts District, the Commission is very interested also. She noted that the Commission is not going to write the regulations for the businesses because the Commission cannot tell the businesses what they want.
Ms. Marsh noted that Lyme Street used to be a commercial zone and it was changed when the shopping center was constructed.
Chairman Cable stated that she would consider an area from the Church corner to the Bee and Thistle, which is the area she would consider the arts district. Mr. Johnson noted that they might also want to consider it is also the Historic District.
Mr. Kiritsis asked Ms. Crowley if she brought the issue of selective enforcement to the Zoning Officer or the Selectmen. Ms. Crowley replied that she has done so, with no result. Chairman Cable stated that most enforcement is done by complaint and it is not possible to expect blanket enforcement due to the lack of personnel available to do it. Ms. Crowley noted that the business area in Town is very small. Chairman Cable noted that the Zoning Regulations apply to the entire Town, not just the businesses.
Mr. Kiritsis stated that he understands Ms. Crowley’s issue and indicated that he is sorry that this has happened. Ms. Crowley stated that she has a problem with selective enforcement. She indicated that if they want to uphold zoning, they need to uphold it everywhere. Mr. Kiritsis stated that he agrees with Ms. Crowley.
Mr. Johnson questioned whether Ms. Crowley has had a discussion with her biggest critics. She indicated that they do not come into her shop but she did once initiate a conversation with one but they did not resolve anything.
Ms. Marsh stated that the Town does not ignore violations that are brought to it and they are not able to find every violation with only one Zoning Enforcement Officer that has many other duties.
Chairman Cable stated that most of the Commission feels that something special should be going on on Lyme Street. She reiterated that the Commission does not know want the shop owners and homeowners want. Ms. Crowley thanked the Commission.
Craig Silver indicated that he lives across from the shops and he cannot believe Ms. Crowley was given a Cease and Desist Order. Chairman Cable indicated that the Commission is not discussing the Cease and Desist. He stated that there is duplicity here. Mr. Silver stated that Ms. Crowley has built her little shop to a world class business.
Joe Carpentino stated that he moved to Old Lyme and has two young boys in preschool. He indicated that Lyme Street attracted them to Old Lyme. Mr. Carpentino stated that they have enjoyed a few Halloweens on Lyme Street. Mr. Carpentino began discussing the Chocolate Shell. Chairman Cable explained that Ms. Crowley asked to come before the Commission to discuss regulations that could establish a village community. She reiterated that the Commission cannot discuss the Chocolate Shell or the Cease and Desist. Mr. Carpentino stated that to him the area is very attractive and his kids love to eat their candy on the front stoop of the Chocolate Shell.
Ms. Cable stated that Lyme Street is frozen in time. She indicated that the thing that they like about Lyme Street today might very well be because of the zoning regulations.
Donna Ewers, 41 year resident and 20 year business person in Town, noted that Lyme Street is a mix of residential and commercial uses. She questioned whether zoning controls what goes on inside of businesses. Chairman Cable stated that it certainly does. Ms. Ewers questioned how they can ignore businesses that are doing things they should not just because no one is complaining about them. Mr. Johnson explained that it is not a question of liking something or not, he stated that the issue is whether something is an allowed use. He stated that if the Zoning Enforcement Officer confirms a complaint, it is a problem. Ms. Ewers stated that she had a business that was grandfathered. Chairman Cable stated that if someone expands their business they need to come to Zoning, whether the
structure is conforming or not or grandfathered or not.
Ms. Ewers questioned whether there are records for every business in Old Lyme. Ms. Brown noted that there are records for all. She noted that some are more detailed than others, depending upon the age of the establishment. Mr. Johnson stated that the Old Lyme Inn added a patio outside and they had to come before the Zoning Commission.
Miss Crowley stated that she is representing the youth of the town. She indicated that she understands maintaining things as they have for years but also sees the value in growing things and making things better for everyone. Ms. Crowley stated that she shops in Old Saybrook, Niantic and Madison. She indicated that she would like to see more and different shops to support in Old Lyme. Ms. Crowley stated that without their youth the Town will not grow. She noted that many people her age think Old Lyme is boring and the youth of the Town would like something different. Ms. Crowley pointed out the beauty of Lyme Street and the fantastic Fourth of July celebration. Mr. Johnson urged Miss Crowley to get involved to effect change.
Ms. Marsh stated that Old Lyme is based on participation. She stated that it is a democratic Town. Ms. Marsh stated that it is not the same Town it was in 1665. She too urged Ms. Crowley to get involved. Ms. Marsh stated that there has not been one proposal to make Lyme Street commercial. Miss Crowley stated that people that are established in Town are treated differently than those that are newer to Town.
Ms. Crowley, speaking from the audience, questioned whether it was the Zoning Commission’s job to take a resident’s idea and work on a proposal. Chairman Cable stated that it is not the Zoning Commission’s job to tell people what they want. Ms. Crowley noted that Miss Crowley already stated what she would like to see. She suggested that the Zoning Commission should construct a committee to work on a proposal. Mr. Johnson stated that it does not work that way but the Commission will listen to any application for change. He noted that Ms. Crowley is the interested party that is looking for change. Chairman Cable agreed and stated that the Commission will not write a Regulation for her. Ms. Marsh stated that the Plan of Development does not call for a Commercial
Zone on Lyme Street. She stated that Ms. Crowley might want to first consult with the Planning Commission. Ms. Marsh explained that the Commission tries to write their Zoning Regulations to conform to the Plan of Development. She noted that the Plan of Development is the voice of many citizens.
4. Petition to Amend the Zoning Regulations, Section 5.12.3 Light Industry LI-80 District (LI), Special Permit Uses, Per Section 13B to include “Governmental Services Buildings”, Town of Old Lyme Zoning Commission, Petitioner.
Ms. Brown stated that the additional building at the Town garage has not been formally discussed at a Selectmen’s Meeting. She noted she was told that there have been general discussions and it is known that the Public Works Department has a salt storage problem. Ms. Brown stated that there is no imminent application. Chairman Cable stated there was a question as to whether a new building was going into the Industrial Park and there might be additional public comment. Ms. Brown noted that the Public Hearing has been closed.
First Selectman Reemsnyder stated that the instructions to the Planning Consultant were to help the Town put together an enclosure for salt storage because the existing storage building is collapsing. She noted that in the process it was found that the existing building and the proposed salt shed are not allowed uses in the Industrial Zone. Ms. Reemsnyder stated that that is the reason for the amendment. She stated that the amendment will not automatically approve the future salt storage shed application. Ms. Reemsnyder stated that the other issue is making the existing building conforming.
Ms. Brown suggested changing governmental services buildings to governmental service, which is defined in the Regulations. She noted that this suggestion came from Attorney Branse.
Mr. Johnson stated that he does not believe they have heard enough public comment. He indicated that he does not think the public understood what was happening. Chairman Cable stated that if a Special Permit application is submitted there will be plenty of public comment.
Ms. Marsh noted that the Commission must find that the amendment is consistent with the Old Lyme Plan of Development. She stated that the Town uses are very similar to the other uses in the Industrial Zone and would be appropriate in that zone.
Mr. Kiritsis questioned whether the dog pound is located legally in the Industrial Zone. Ms. Brown stated that it may be, she would have to check. Chairman Cable noted that it would be with the amendment. Ms. Brown looked in the Regulations and noted that a dog pound is an allowed use in the LI-80 Zone.
A motion was made by Jane Marsh, seconded by Gil Soucie and voted to approve, as follows:
Whereas, the Zoning Commission has submitted a petition to amend the Zoning Regulations with respect to Section 5.12.3 Light Industry LI-80 District (LI), Special Permit Uses, Per Section 13B, to include “Governmental Services Buildings”; and
Whereas, the Zoning Commission has held a duly noticed public hearing on January 13, 2014, and the commission has had an opportunity to hear testimony from citizens of Old Lyme and others; and
Whereas, the Planning Commission at its Regular Meeting on December 12, 2013 approved a motion in favor of this amendment to the Zoning Regulations, and the Commission has considered these comments; 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. The regulations should be amended to permit “Governmental Service” rather than “Governmental Services Buildings;”
Whereas, the Commission finds that the proposed regulation changes will permit the Commission:
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;
Whereas, the Old Lyme Zoning Commission finds that the proposal as amended is consistent with the Old Lyme Plan of Conservation and Development and is appropriate because:
a. consistent with the other industrial uses in the zone evidenced by the existing town garage as a long-term use; and
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 “Governmental Service,” with the effective date of March 1, 2014. Motion carried 3-1-1 with Mr. Johnson voting against and Mr. Kiritsis abstaining.
5. Special Permit Application to permit a minor second floor addition in accordance with Section 9.1.3.2 on property located at 70 Grassy Hill Road, Joanne T. Centola, owner.
Joe Wren, Professional Engineer, explained the proposal, noting that it was a three bedroom home and was reduced to three bedrooms. He noted that the owner would like to add 180 square feet to the second floor and add a third bedroom. Mr. Wren stated that the question is whether this is an expansion. He noted that the home is currently two story where only 1 and ½ stories are allowed. Mr. Wren noted that they are still within the gross area guidelines. He explained that the lot is nonconforming as to square.
Ms. Marsh stated that the building is two story where only one and one half story is allowed. She noted that anything above the half story is already nonconforming and that would be an increase in the nonconformity.
Mr. Wren noted that the applicant could construct an addition on the first floor which would be much more costly. Chairman Cable stated that the applicant could go before the Zoning Board of Appeals. Mr. Wren asked that the Commission set the Public Hearing.
A motion was made by John Johnson, seconded by Ted Kiritsis and voted unanimously to receive the Special Permit Application for Joanne T. Centola, 70 Grassy Hill Road and set a Public Hearing for Monday, March 10, 2014.
Ms. Brown noted that she received an application in the office today if the Commission would like to add it to the agenda. Mr. Johnson questioned whether the vote on an agenda change needed to be unanimous. Ms. Brown checked Roberts Rules of Order and stated that the vote must be two thirds. It was noted that the vote is only 60 percent and is therefore defeated.
A motion was made by Jane Cable and seconded by Jane Marsh to modify the agenda to add the Special Permit Application discussion for 62 Neck Road. The Motion failed to carry and the agenda was not modified, 3:2:0 with Mr. Johnson and Mr. Kiritsis voting against.
6. Release of Bond Request dated November 19, 2013 from Henry Resnikoff, a member of Lyme Academy Apartments, LLC.
No action taken.
7. Approval of Minutes
Minutes of the Public Hearing and Regular Meeting of December 9, 2013
A motion was made by John Johnson, seconded by Ted Kiritsis and voted to approve the Minutes of the Public Hearing and Regular Meeting of December 9, 2013 as submitted. Motion carried 4-0-1, with Mr. Soucie abstaining.
Minutes of the Public Hearing and Regular Meeting of January 13, 2014
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to approve the Minutes of the Public Hearing and Regular Meeting of January 13, 2014 as submitted.
8. Zoning Enforcement
a. Zoning Enforcement Report
Ms. Brown stated that she believes that the Cease and Desist to 2 Moss Point Trail will be appealed to the ZBA. She indicated that she was invited to look into the backyard by a neighbor and she took photographs. Ms. Brown stated that there is junk and vehicles in the rear of the property which is obscured from view by a fence. Mr. Kiritsis questioned whether she took photographs at any other properties, specifically the gravel pit. Ms. Brown indicated that she did not. Chairman Cable stated that Ms. Bozek has volunteered to complete the study that Mr. Looney had begun on the gravel pit.
Ms. Brown noted that there will be a new Zoning Enforcement Officer this spring.
Mr. Johnson questioned whether the Texaco Station owners have filed a lawsuit. Ms. Brown replied that they have.
Ms. Brown stated that a couple on Saunders Hollow came to the office to ask if they could construct a shed without having a home on their property and they were told no. She stated that their son then started to construct a very expanded shed and they do not want to tear it down; they would like to apply for a permit to make this shed a house and then convert it once they construct a house.
Mr. Kiritsis questioned the issue with the Chocolate Shell. Ms. Brown explained that there were multiple complaints about the brewing and selling of hot drinks and there were tables added outside. Ms. Brown stated that prepared foods were also being sold. She noted that there was a flag sign that said Open Café. Ms. Brown stated that she sent a Cease and Desist for these things and what she thought was that it would go to the Zoning Board of Appeals to decide whether it is a change in use, although she has indicated that she will not do that.
Mr. Johnson noted that the ice cream shop has seats outside. Ms. Brown noted that they went before the Zoning Board of Appeals for a variance. She stated that the ice cream shop is also operated as a home business.
b. Site Inspection Report - None
9. Miscellaneous/Adjourn
Ms. Cable noted that this could be Ms. Brown’s last meeting.
The meeting adjourned at 10:20 p.m. on a motion by Ted Kiritsis; seconded by John Johnson and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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