OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, July 14, 2014
The Old Lyme Zoning Commission held a Regular Meeting on Monday, July 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 (arrived at 8:14 p.m.), Gil Soucie, alternate and Ted Kiritsis, alternate
Also present: Keith Rosenfeld, Land Use Coordinator
At 7:31 p.m., Jane Cable called the Regular Meeting to order and noted that all members present would be voting this evening, even if Ms. Marsh arrives late. She immediately recessed the Regular Meeting to conduct the Public Hearing. At 8:25 p.m. Chairman Cable reconvened the Regular Meeting.
1. Special Permit Application to allow removal of fill resulting from construction of an agricultural irrigation pond at 220-1 Whippoorwill Road in accordance with Section 15.3 of the Zoning Regulations, Dennis Chupron, applicant.
Chairman Cable noted that no new information was received on this application this evening so Ms. Marsh will be voting on this matter. She stated that she questioned during the Public Hearing whether the berm would remain in place and the applicant noted it would and she would like to see this be a condition of approval.
A motion was made by Ted Kiritsis, seconded by Gil Soucie and voted unanimously to grant as follows:
Whereas, the Zoning Commission has received a Special Permit Application dated May 6, 2014 with the following attachments: copy of Zoning Compliance Permit Application, statement of use, abutter list and a copy of Zoning Compliance Permit Application. Boundary & Topographic Survey Property of Carl Gerr – Prepared For – Dennis & Lauren Chupron 220-1 & 222 Whippoorwill Road Old Lyme Connecticut Sheet No: 1 of 1, dated September 3, 2010 revised 9/16/2010 for conditions of approval, prepared by Rob Hellstrom Land Surveying, LLC;
Whereas, the Zoning Commission has held a duly noticed public hearing on June 9, 2014 which was continued to July 14, 2014, and the Commission has had an opportunity to hear testimony from the public and from the applicant; and
Whereas, the Inland Wetlands and Watercourses Commission made a determination of no jurisdiction at its meeting on May 27, 2014 and issued a Wetlands Permit #14-10; and
Whereas, the proposed irrigation pond is allowed by Special Permit under section 15.3 of the Old Lyme Zoning Regulations, the Commission finds that the applicant
to demonstrate compliance with the procedures outlined in Section 15.5 of the Old Lyme Zoning Regulations:
1. The berm currently in place is to remain on site; and
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for a Special Permit Application dated May 6, 2014, for an irrigation pond at 220-1 Whippoorwill Road, Old Lyme, CT, Lauren Chupron, applicant.
2. Site Development Plan Modification Application to permit moving the bottle recycling machines from the inside to the outside of the structure at the Big Y Supermarket located at 90 Halls Road, F. William Brown, LLC, applicant.
Chairman Cable noted that Ms. Marsh would not be voting on this matter.
Mr. Johnson stated that he feels the applicant has addressed all the issues. Chairman Cable indicated that the store already has inappropriate use of their outdoor space and she is not comfortable granting this use outdoors. She indicated that she feels this is an inappropriate use of the outdoor space and she is not comfortable with it. She indicated that this is the equivalent of selling outside the store as people are selling their bottles to the store. Chairman Cable stated that she is also concerned with people parking along the curb to redeem their cans and bottles.
Mr. Johnson suggested that the Commission require designated parking spaces for bottle returns so that people do not park along the curb to return their bottles and cans. Chairman Cable questioned how that would be enforced. She noted that people park in the handicap spots and that is not enforced.
A motion was made by John Johnson, seconded by Gil Soucie to grant as follows:
Whereas, the Zoning Commission has received an application for Modification to a Site Plan, 90 Halls Road, Big Y Supermarket Bottle Machine Relocation, Proposed Floor Plan sheet F1dated 3-12-14; and
Whereas, the Zoning Commission has evaluated this proposal at a duly noticed public meeting held on July 14, 2014; and
Whereas, the proposed use is permitted under the Old Lyme Zoning Regulations as an accessory use to the retail grocery store use; and the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 13A of the Regulations.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13A, in particular that the proposed use and site development are designed and arranged as follows:
to achieve safety, comfort and convenience;
to be in architectural harmony with the surrounding area;
to protect nearby residential and preservation areas;
d. 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;
e. to show pedestrian, traffic and refuse concerns have been properly and adequately addressed; and
Whereas, the Zoning Commission has deliberated and considered the evidence presented at the meeting as well as the input of its staff; and
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval of the Modification to the Site Plan to allow Relocation of the Bottle Machines at the Big Y Supermarket at 90 Halls Road, Old Lyme, CT. Motion passed 3:1:0, with Chairman Cable voting against.
3. Special Permit Application to allow construction of a 60’ wide by 100’ long x 30’ +/- high storage building at 3 Machnik Drive in accordance with Sections 5.12 & 13B of the Old Lyme Zoning Regulations, Town of Old Lyme, applicant.
The Public Hearing for this item has been continued to the September 8, 2014, Regular Meeting.
4. Special Permit Application and Municipal Coastal Site Plan Review Application to demolish existing seasonal cottage and construct a year round single family residence, in accordance with Sections 9.1.3, 9.1.3.2 and 9.07 of the Old Lyme Zoning Regulations, on property located at 75 Hillcrest Road, Thomas & Maria Prignano, applicants.
The Public Hearing for this item has been continued to the August 11, 2014, Regular Meeting.
5. Petition to Amend the Zoning Regulations to allow an animal shelter which is not listed as a Permitted Use in Section 5.12 Light Industry LI-District (LI) under Section 5.12.3 Special Permit Uses, Per Section 13B, Pet Connections, Inc., M. Glynn McAraw, President, applicant.
Chairman Cable noted that this petition needs to be referred out so they need to set it for September.
A motion was made by Jane Marsh, seconded by Ted Kiritsis and voted unanimously to accept the Petition to Amend the Zoning Regulations to allow an animal shelter which is not listed as a Permitted Use in Section 5.12 Light Industry LI-District (LI) under Section 5.12.3 Special Permit Uses, Per Section 13B, Pet Connections, Inc., M. Glynn McAraw, President, applicant and set a public hearing for September 8, 2014.
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
A motion was made by Gil Soucie, seconded by John Johnson and voted unanimously to approve the Minutes of the Public Hearing and Regular Meeting of June 9, 2014, as submitted.
8. Correspondence
– Letter from Michael A. Girard, President Miami Beach Association dated July 7, 2014 to discuss future use of 249 Shore Road Property & Building.
Chairman Cable stated that she is not sure if there is an application to change the use. She indicated that the application will have to be referred out to the engineer. The applicant noted that there is not sewer. Chairman Cable stated that it will also have to be referred to the Health Department.
Michael Girard was present to explain the application. He noted that the property is a 14,000 square foot lot in an R-10 zone and they would like to use it as a community building. Mr. Girard stated that the building will be used for their beach association meetings and other activities. Chairman Cable stated that the use is probably not allowed in an R-10 zone so the applicant will probably have to get a variance. Mr. Girard questioned whether it would be considered a governmental use. Chairman Cable noted that it would be a stretch, but it could be argued.
Mr. Girard stated that they would plan to rent out the building to bring in income to defer the costs. Chairman Cable noted that because of that it would not be considered governmental. There was discussion of a possible variance.
– Letter from Meg McCulloch dated June 19, 2014 with respect to discussion/decision to consider swimming lessons held at 24-1 Hillside Road as either a Home Occupation, Family Day Care Home or Group Day Care Home.
Chairman Cable stated that she believes each Commission received extensive emails on this matter. Meg McCulloch stated that she has been doing this for many years and would like to legitimize it. Chairman Cable noted that there is a note in the Zoning file from March 2005 from Ann Brown that says Zoning Commission concluded that this is not a suitable home occupation. Ms. McCulloch stated that she has never seen that note. Chairman Cable stated that there was a meeting of the Zoning Commission in 2005 where the Commission made that determination. Chairman Cable stated that there was a complaint from a neighbor. She noted that the other matter is the trailer on Ms. McCulloch’s property. Chairman Cable stated that Ms. McCulloch indicated in her letter that she would like to keep
it parked on her property as landscapers do. She noted that her trailer is 1500 pounds and she was told that in Old Lyme someone can have one trailer on their property with a 7500 pound capacity. Chairman Cable noted that Ms. McCulloch could petition to amend the regulations to allow swimming lessons as a home occupation.
Mr. Johnson questioned how many cars are parked during a swimming lesson. Ms. McCulloch replied that the maximum number of cars is four. Chairman Cable questioned whether day care is located in the R-20 Zone. Mr. Rosenfeld replied that it is. Chairman Cable suggested it could be considered a seasonal family daycare. Ms. Marsh read the lists of those activities a daycare does not include, one of which is recreation. Chairman Cable stated that there is an educational component. She noted that if one is teaching a skill it is more educational then recreational. Chairman Cable suggested that Ms. McCulloch review the regulations and bring in an application.
Ms. Marsh noted that recreational trailers are allowed. Chairman Cable stated that the Commission will put some thought into the situation with the trailer.
– Submittal of a Statement of Use from Mimi Brainard dated July 10, 2014 for a proposal to allow a yoga studio on Lyme Street.
Ms. Brainard stated that she wanted to talk to the Commission before she submitted an application. Chairman Cable stated that this would be a continuation of a nonconforming use and she does not see a big change in use with allowing a yoga studio. She noted that the building is not being renovated. Ms. Brainard noted that there will not be any noise.
Ms. Marsh stated that it is a change in use because a yoga studio is not a frame shop. Ms. Brainard noted that she would have a maximum of 6 students at a time. Chairman Cable noted that there is off-street as well as on-street parking.
9. Zoning Enforcement
a. Zoning Enforcement Report
None
b. Site Inspection Report
None
10. Miscellaneous/Adjourn
The meeting adjourned at 9:23 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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