OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, January 12, 2015
The Old Lyme Zoning Commission held a Regular Meeting on Monday, January 12, 2015, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were: Jane Cable, Chairman, Jane Marsh, Secretary, Gil Soucie, regular member and Stacy Winchell, alternate.
Also present: Keith Rosenfeld, Land Use Coordinator
At 7:31 p.m., Chairman Cable called the Regular Meeting to order, noting that the Stacy Winchell, alternate, will be seated. She immediately recessed the Regular Meeting to conduct the Public Hearing. At 7:53 p.m. Chairman Cable reconvened the Regular Meeting.
1. Special Permit Application to extend the range of services and develop an Institute dedicated to wellness life style education in an existing building, in accordance with Section 13B of the Old Lyme Zoning Regulations, on property located at 10 Lyme Street, Lindsay Eisensmith, Vitality Spa & Wellness, applicant, Warren Hannas, property owner.
This application was withdrawn by letter dated January 5, 2015.
2. Special Permit Application to permit a Connecticut Water Company Well Station to be located at 216 Mile Creek Road, Connecticut Water Company, applicant.
The Public Hearing for this item is continued to the February 9, 2015 Regular Meeting.
3. Special Permit Application and Municipal Coastal Site Plan Review Application to permit an addition to rear of the structure, construct dormers on each side of the structure, redo the front porch and other house renovations (i.e. siding, new roof, soffit over hangs on gables) on property located at 35 Ridgewood Road, Conrad & Angela Fongemie, owners, Larry Tomasetti, PHI Construction Services, applicant.
A motion was made by Jane Marsh, seconded by Stacy Winchell and voted unanimously to receive the Special Permit Application and Municipal Coastal Site Plan Review Application to permit an addition to rear of the structure, construct dormers on each side of the structure, redo the front porch and other house renovations (i.e. siding, new roof, soffit over hangs on gables) on property located at 35 Ridgewood Road and set a Public Hearing for Monday, February 9, 2015.
Chairman Cable suggested that the Commission members may want to take a site walk of this property.
4. New Business
Election of Officers – Tabled to the February Meeting
5. Old Business
None.
6. Tom Schellens – Parking on Academy Lane
Mr. Schellens explained that in 1983 the Town approved a site plan granting the Village Shoppes 13 parking spaces on Academy Lane. He noted that at that time there was no pavement behind the Village Shoppes. Mr. Schellens stated that in 2010, while repaving Academy Lane, the Town reconfigured the curb cut on the north side of Academy Lane to return the land of the former Masonic Lodge which is now a residential property. He noted that this narrowed Academy Lane by 7 or 8 feet. Mr. Schellens noted that at the time of the original site plan approval for parking, Academy Lane was considerably wider. Mr. Schellens stated that he created an amateur survey which depicts the current conditions as measured from the center line. He noted the aerial survey from 1995 to which he added the new curb
line. Mr. Schellens pointed out that what was two or three parking spaces at the time of site plan approval has now been turned into a garden, pushing the cars farther into Academy Lane.
Mr. Schellens explained that there are granite markers and survey pins delineating Academy Lane. He explained that the Town returned the land because it never owned it.
Mr. Schellens stated that currently, according to the previously approved parking spots, 60% is on private land and 40% is on Town land. Chairman Cable stated that on site parking has to be within the building envelope of the property. Chairman Cable stated that she thinks this situation will have to be cleared up with the Selectmen because use of the Town road is a Selectmen issue. Mr. Schellens stated that he is asking zoning not to accept the current plot plan that has been submitted to them many times over the years, because it is erroneous on many levels. He indicated that it should require an A2 Survey.
Chairman Cable stated that Mr. Schellens has raised a valid issue.
A neighbor stated that there has been a recent survey near his home on Academy Lane because the Town of Old Lyme is trying to take land from him.
Mr. Schellens questioned whether the Village Shoppes can put up signs limiting the parking to their site when the parking is on a Town Road. Ms. Marsh noted that parking on Town roads is a Selectmen issue. Mr. Schellens stated that the parking on Academy Lane is a safety issue as well. He indicated that he has an appointment to meet with the Selectmen and thanked the Commission for their time.
7. Approval of Minutes
Minutes of the Public Hearing and Regular Meeting of November 10, 2014
Minutes of the Public Hearing and Regular Meeting of December 8, 2014
A Motion was made by Gil Soucie, seconded by Jane Marsh and voted unanimously to approve the Minutes of the Public Hearing and Regular Meeting of November 10, 2014 and the Minutes of the Public Hearing and Regular Meeting of December 8, 2014, with “clerical” changes, i.e., it is Jane Marsh not Cable who reads the legal notice; nothing that changes the content of the minutes.
8. Correspondence
None.
9. Zoning Enforcement Report
None.
Miscellaneous/Adjourn
Chairman Cable stated that everyone received an email from Keith regarding the definition of a school. She noted that Ms. Bozek feels Keith’s suggested definition should be broader. Chairman Cable read a definition of school from a zoning dictionary. Ms. Marsh stated that that definition is too broad. She indicated that she feels there should be a school region or district. Ms. Marsh stated that education occurs in many places, at homes, at libraries, etc. She indicated that it bothers her that they are making it a use. Ms. Marsh stated that she would like to see the definition be limited to a typical school. She stated that a retail business where there are classes in which people learn is not what she considers a school.
Chairman Cable stated that the Fire Marshal told her that the State Fire Regulations define a school as a place that teaches people 18 years of age and younger. She noted that it does not even include colleges.
Chairman Cable noted that she does not think the third bullet point is needed and should be removed. Ms. Marsh noted that schools are special in that they are allowed in every zone and the intent was that the schools would be operated by the Town. Chairman Cable noted that Towns buy property, typically residential, for future school use. Ms. Marsh stated that the definition of school should be narrow.
Mr. Soucie questioned whether they should include colleges, as he feels it would not be appropriate if Sacred Heart or Quinnipiac College wanted to add a branch in a residential area in Old Lyme. Ms. Marsh agreed. Chairman Cable stated that they may need to establish a special zone as it would not be fair to make Lyme Academy nonconforming. Mr. Rosenfeld stated that they could set acreage limits such as 25 acres for a middle school, etc., which would prohibit people from opening a “school” in their home or business. Chairman Cable stated that a Village Art District from the Church to the Bee and Thistle might be appropriate. Ms. Marsh noted that the problem is that Lyme Street is residential and that change left many nonconforming businesses on Lyme Street. She noted that these
nonconformities are supposed to convert to conforming over time but that has not happened. Ms. Marsh noted that what is now the ice cream shop used to be a gas station/garage and each ZEO since the early 1960’s has had to deal with what can be allowed at each nonconforming location. She pointed out that none of these nonconforming properties can conform to the requirements of a Special Permit.
Chairman Cable noted that there has been a push over the years to change the zone and noted that the Commission has to be careful to be fair to both sides. Ms. Marsh suggested that the Planning Commission be involved in any discussions regarding a zone change.
The meeting adjourned at 8:35 p.m. on a motion by Jane Marsh; seconded by Stacy Winchell and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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