OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, April 14, 2014
The Old Lyme Zoning Commission held a Regular Meeting on Monday, April 14, 2014, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were: Jane Cable, Chairman, John Johnson, Vice Chairman, Jane Marsh, Secretary, J. Bozek, regular member and Ted Kiritsis, alternate.
Also present was Ann Brown, Zoning Enforcement Officer.
At 7:31 p.m., Jane Cable called the Regular Meeting to order. She immediately recessed the Regular Meeting to conduct the Public Hearing. At 7:50 p.m. Chairman Cable reconvened the Regular Meeting.
1. Special Permit Application and Municipal Coastal Site Plan Review Application to permit dock renovations in accordance with Section 4.3.2.a of the Zoning Regulations on property located at 23 Ferry Road, Robin Sedgwick, applicant/property owner.
A Motion was made by Jane Marsh, seconded by John Johnson as follows:
Whereas, the Zoning Commission has received an application for Special Permit Application dated March 3, 2014 and Municipal Coastal Site Plan Review Application dated February 17, 2014 with Statement of Use; List of Adjacent property owners; Location Map; Coastal Resource Map; Shellfish Concentration Map; Tax Assessor Map; Flood Map; CT DEEP General Permit Application No. 201303952-SB; Department of the ARMP Application No. NAE-2013-1950; Photographs; Property Deed and Site Plan entitled “ Special Permit and Coastal Site Plan Dock Modifications Lieutenant River February 26, 2014 Property of Robin Sedgwick 23 Ferry Road Old Lyme, CT 06371 Sheet 1 of 1 Prepared by Docko, Inc.”
Whereas, the Zoning Commission has held a duly noticed public hearing on April 14, 2014, and the Commission has had an opportunity to hear testimony both from citizens of Old Lyme and the applicant; and
Whereas, the proposed use is permitted by Special Permit under the Old Lyme Zoning Regulations Section 4.3.2.a, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 13A and B of the Regulations as submitted.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13A, in particular that the proposed use and 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 finds that the applicant has demonstrated compliance with the General Standards of Section 4.3.2.a, in particular that the proposed use, buildings or other structures and site development conform to the standards of this section.
Whereas, the Zoning Commission has received comments from the Office of Long Island Sound Programs of the Department of 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;
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 for Special Permit/Coastal Site Plan to allow a pier and float retention on property of Robin Sedgwick at 23 Ferry Road, Old Lyme, CT, as specified. Motion carried unanimously, 5:0.
2. Special Permit Application and Municipal Coastal Site Plan Review Application to allow the expansion of outdoor seating and food service by permitting tables and chairs on the beach in front of existing patio and liquor service on the beach on property located at 88 Hartford Avenue, Leonard T. Corto, applicant – Discussion about the request for waivers under Section 13A2.11, 13A2.8, 13A2.9 and 13A2.12 of the Zoning Regulations.
Mr. Corto stated that they have requested waivers to a few items in the Coastal Site Plan and the Special Permit. Chairman Cable stated that the first waiver is of the Traffic Report. Mr. Corto noted that they address that in their Statement of Use. Chairman Cable stated that the architectural plans, soil erosion and sedimentation control and collection of potable water, perc tests and sources of water for fire. Ms. Brown noted that they are also asking for a waiver of the site plan. She noted that Mr. Corto has a survey plan and has drawn the area where he would like to put the tables on the beach. Ms. Marsh noted that the site plan doesn’t show the number of tables. He noted there would be seating for sixty. Ms. Brown noted that the Statement of Use describes what
the applicant would like to do. She read the Statement of Use for the record. The Statement of Use indicated that the additional tables would be used on Tuesdays and Fridays for Lobster night and one other night of the week for special events, noting that the tables would be removed after use; there are 74 parking spaces for customers plus additional spaces on-street that wouldn’t be used by the businesses at night and also noting that many patrons live in the area and walk to Lenny’s; the maximum capacity is 180 patrons; and a new septic was installed in 2007.
Chairman Cable noted that there is a history and the Commission will hold Mr. Corto to any promises he makes. Ms. Marsh stated that the tables seem very close together on the beach. Mr. Corto stated that the idea is to have a ten foot table with chairs for large groups. He noted that the mean high tide line is roughly 60 feet from the tables and 85 feet from the edge of the patio. Mr. Corto stated that they will have a rope fence around the tables to keep liquor from leaving the area. He indicated that he currently has someone that sits at the entrance of the patio at all times to monitor the area.
Mr. Corto stated that he usually opens in April and closes in September or October. He noted that he opened this past weekend for the year. Chairman Cable stated that she doesn’t have a problem with some of the waivers because they are not applicable to the permit. She noted that traffic and septic might need to be addressed. Ms. Brown suggested that a formal survey should also be required so that the rope area is documented, along with the parking. Ms. Marsh agreed and noted that the plan is very hard to decipher. She indicated that some of the other businesses are open at night and will be using parking spaces. Chairman Cable stated that she would like to see something in writing from the designer of the septic system that it can handle 60 more patrons. Ms. Brown
stated that the Sanitarian will have to sign off on the application.
Ms. Brown questioned whether they would be putting a tent over the outside tables. Mr. Corto stated that they have tried in the past but it is difficult when it is raining and windy. He indicated that he will not be putting a tent over the proposed tables. He noted also that there would be no additional lighting.
Ms. Bozek questioned whether the Commission is waiving everything but the site plan. Chairman Cable noted that they have given him guidance, not assurance on the waivers. Ms. Brown stated that the Sound View Village Regulations give flexibility in deciding whether there is enough parking. She noted that the applicant currently has a café license which he intends to keep. Mr. Corto stated that the difference between a café permit and restaurant permit is that with a restaurant permit one does not have to go through a bar area to use the restroom. He indicated that they cannot meet the criteria, which is the reason why he intends to keep the café permit.
A motion was made by John Johnson, seconded by Ted Kiritsis and voted unanimously to receive the Special Permit Application and Municipal Coastal Site Plan Review Application for 88 Hartford Avenue, Leonard T. Corto, applicant and set a Public Hearing for Monday, May 12, 2014.
3. Special Permit Application to allow under Section 5.4.3, Special Permit Uses, Per Section 13B a gathering place for live, local and homegrown music, Gail Stevens of Nightingales Acoustic Cafe, applicant; MusicNow Foundation, Inc. a 501 (c) (3) nonprofit organization – WITHDRAWN
Chairman Cable noted that the applicant has withdrawn this application.
4. Release of Bond Request dated November 19, 2013 from Henry Resnikoff, a member of Lyme Academy Apartments, LLC.
No action taken. Ms. Brown indicated that she and Mr. Metcalf will be reviewing the site this coming Wednesday.
Mr. Johnson reported that the University of New Haven has joined with Lyme Academy and they are hoping to increase the enrollment to forty students.
5. Approval of Minutes
Minutes of the Public Hearing and Regular Meeting of February 10, 2014
A motion was made by Jane Marsh, seconded by Joan Bozek and voted unanimously to approve the Minutes of the Public Hearing and Regular Meeting of February 10, 2014 with the following rewording to page 10, item number 5 “the house will remain a three bedroom house, but one of the bedrooms will be relocated to the proposed second floor addition” and the Minutes of the Regular Meeting of March 10, 2014, as submitted.
6. Correspondence
Letter from the Old Lyme Conservation Commission dated March 22, 2014 regarding Rogers Lake Watershed - consideration of a special watershed zone to reduce nutrient runoff.
Ms. Marsh pointed out that the majority of the things cited in the letter are things that have already been approved. Chairman Cable stated that the Conservation Commission is looking for a way to ensure the water quality and protect the watershed. Ms. Marsh stated that the Zoning Commission cannot go back to a subdivision that has already been approved and say oh, by the way we’d like to make a change. She pointed out that it was never the Zoning Commission’s action, it would be something that should come from Planning.
Chairman Cable stated that an overlay district near large known aquifers is not a bad idea. Ms. Marsh agreed. Ms. Brown stated that most of the projects are not approved. Ms. Brown reviewed the list of subdivisions, noting which have and have not been approved. Ms. Bozek stated that she feels the overlay district would be a good thing and she understands the concern of the density. Chairman Cable stated that she is hoping to turn the letter writer into looking into revising all the Town aquifers and protecting all of them, not just this particular one. Ms. Brown stated that the Town has regulations to protect their aquifers. Ms. Marsh questioned who would enforce the regulations. Ms. Marsh stated that she feels ill-equipped to do this, although she is ready to be educated.
Chairman Cable stated that step one would be to talk with Mr. James and get a study group to collect what the Town has before they call in someone to advise the Town. Mr. Kiritsis stated that all the Commissions need to be involved. Ms. Brown stated that the Commission has $5,000.00 in their budget that they carried over from last year to do such a study. She noted that the Board of Selectmen would like the money spent on this or returned.
7. Zoning Enforcement
a. Zoning Enforcement Report
Ms. Brown stated that the Zoning Board of Appeals upheld the Cease and Desist Order issued to the café on Lyme Street and she has heard that it will not be appealed.
6 Stoneleigh Knoll – Ms. Brown stated that the house was torn down and the owner has one truck there that is registered.
Ms. Brown noted that Pat Looney’s hearing was continued to tomorrow night. She noted that she was at his neighbor’s today and things have been shuffled around a bit on the property. Ms. Brown stated that if it was something easy to fix, it would have been fixed. She noted that the trampoline that has things stored underneath it has been covered with a blue tarp and tires. Chairman Cable stated that she is sorry things deteriorated to this point.
2 Four Mile River Road – Ms. Brown noted that the owner has gotten rid of a few things.
12 Meadow Lane – Ms. Brown stated that this is a continuing problem, but some clean-up has been performed. She indicated that if the owner doesn’t begin to make more progress she will get the Commission’s counsel involved.
Littlefield Road – Ms. Brown stated that the property owner is building several things. She indicated that it may also be a wetlands violation. Ms. Brown noted that there was a neighbor complaint, several small trucks. She noted that one can run a business out of their home but not dispatch employees.
Ms. Brown stated that recreational vehicles such as boats and trailers are limited to one. She noted that some people have a travel trailer and a boat. Ms. Brown stated that she has never enforced this but wanted the Commission to be aware of the regulation.
Ms. Brown stated that the best way to start fixing Special Permits in the R-10 and flood zone is to have the Zoning Commission and the Zoning Board of Appeals meet and hash over these things. Chairman Cable stated that she could meet in May. Mr. Johnson suggested meeting with the Zoning Board of Appeals a little before their Regular Meeting.
b. Site Inspection Report - None
8. Miscellaneous/Adjourn
The meeting adjourned at 9:38 p.m. on a motion by John Johnson; seconded by Ted Kiritsis and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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