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Zoning Commission Public Hearing Minutes 1/09/06
APPROVED


OLD LYME ZONING COMMISSION
MINUTES OF PUBLIC HEARING
Monday, January 9, 2006


The Old Lyme Zoning Commission held its Public Hearing on Monday, January 9, 2006 at 7:30 p.m. in the Auditorium of Memorial Town Hall.  Members present were Jane Marsh (Secretary), Tom Risom, John Johnson, Steven Ames (Alternate, seated), Brian Kyle (Alternate) and Howard Tooker (Alternate, seated).   Also present was Ann Brown, Zoning Enforcement Officer.

Acting Chairman Risom called the Public Hearing to order at 7:36 p.m.  

Noting that no one was present to present Blair and Caroline Hoxby, a motion was made Jane Marsh, seconded by John Johnson and voted unanimously to conduct the Public Hearing for Item #2 before Item #1.

1.      Site Plan/Special Exception Application/Coastal Site Plan Application to remodel an existing gasoline repair facility and to change the use to a gas/convenience store/coffee shop, 85 Halls Road, All Pro Tire, Inc., applicant.

Anthony Hendriks, registered professional land surveyor with Hendriks Associates Land Surveyors and Rowley/Hendriks Engineers and Site Planners.  He indicated that he was present to represent Mr. Graybill and All Pro Tire.  Mr. Hendriks explained that they would like to eliminate the repair facility from the site and create a convenience store/coffee shop within the interior of the existing structure.  He indicated that the plan before the Commission titled “Property Line Survey, Existing Conditions Survey, Prepared for 85 Halls Road,” shows the limit of the existing paved parking area as demonstrated by the blue line.  Mr. Hendriks stated that the plan also shows the subsurface tanks and the canopy over the top of the fueling bays, along with the building.  He pointed out the existing parking.

Mr. Hendriks stated that 62 percent of the site is currently covered with buildings and pavement.  He indicated that as part of the application they would like to bring the site coverage into conformance with the Zoning Regulations at 55 percent.  Mr. Hendriks stated that the next plan is entitled “Site Plan, Sheet 2 of 4, Proposed Surface Improvements for 85 Halls Road,” and shows the limits of the existing pavement (blue line) and shows the proposal which pulls the pavement into the site.  He noted that the island is located mostly in the State right-of-way.  Mr. Hendriks stated that the pavement was severely pulled in on the east and west side of the property, allowing for additional landscaped areas.

Mr. Hendriks noted that the rear of the building is used as wrecked vehicle storage facility, which is currently enclosed with a chain link fence.  He indicated that this area is intended to provide a vehicle delivery entrance area and access to a dumpster at the rear of the site.  Mr. Hendriks stated that the area will be cleaned up, sodded and seeded.  He explained that the chain link fence will be removed.  Mr. Hendriks stated that they propose a storm scepter, which has the ability to take out grits and solids and any fuel oils that could be accumulated and washed away via a rainstorm.  He pointed out the three existing catch basins, along with the new storm scepter and catch basin.  Mr. Hendriks noted that the proposal will bring the site into compliance with the latest DEP requirements for storm water cleaning.

Mr. Hendriks indicated that new signage is shown on the plan, although he realizes the Zoning Enforcement Officer often likes to deal with signs separately.  He indicated that there are details for the lighting on the rear of the building.  Mr. Hendriks stated that the lights will be directed down and the existing flood lights will remain.  He noted that they have also proposed lighting on the corners of the proposed islands to provide safe and adequate lighting for the facility.  

Mr. Hendriks stated that the landscape plan shows the relationship between the paved areas, the convenience store, the parking and the planting schedule.  He showed an elevation drawing which depicts the existing office door eliminated and a new door installed in one of the bays.  He noted that the two other bay doors will be changed to windows.  Mr. Hendriks submitted the landscape plan, dated 10-12-05 revised through 1-6-06 which was marked Exhibit N, the elevation drawing which was marked Exhibit O, and a revised floor plan marked Exhibit P.  

Mr. Hendriks explained the interior floor plan, noting there will be walk-in coolers, public restrooms, and a small office space in the back with an ice-coffee station, a regular coffee station, a bagel preparation area and donut and coffee sales.  He noted that the rear area will not be accessible to the public and will be manned from the inside.  Mr. Hendriks stated that everything is take-out; there will be no tables.

Mr. Hendriks stated that if the applicant attempted to be in total compliance with the Zoning Regulations, meaning having all the parking 30’ back, there wouldn’t be much room left for parking.  He noted that presently, based upon the Zoning Regulations, five spaces are required for every 1,000 square feet of gross floor area which calculates into 10 spaces and 13 have been provided on the site plan.  Mr. Hendriks stated that many people will pull up to the gas pumps, get their gas, and run inside to get whatever else they may need.

Alan Mess, Barkin and Mess Traffic Engineers, was present to explain his traffic report.  Mr. Barkin stated that he has been a traffic engineer for approximately 30 years.  He noted that for this particular project he was only able to measure the current patronage for gas, as the repair facility has already been closed.  He noted that they counted the traffic at the intersection of Huntley, the marketplace and Route 1.  Mr. Barkin stated that the counts were taken on Thursday, December 22, 2005, which could include some holiday traffic, but not representative of summertime traffic.  He stated that they increased these traffic counts by 13 percent.

Mr. Barkin stated that to predict future traffic, they used the guidelines published by the Institute of Transportation Engineers called trip generation.  He noted that they used the category that dealt with convenience stores and gasoline fueling stations and from this information made an estimate of volumes and subtracted the existing traffic count.  Mr. Barkin stated that for purposes of the study they had everyone come out of one driveway.  He noted that they also tried to determine the frequency of back-ups at the signalized intersection.  Mr. Barkin stated that right at the site the east bound direction has two lanes, one is an exclusive right hand lane into the marketplace and a through/left turn lane.  He noted that Huntley is a one-way street leading away from Route 1 and does not have any vehicles approaching it.  He noted that in the other direction there is a left turn lane and a through/right turn lane.  

Mr. Barkin stated that they checked sight lines and it is their opinion that some of the existing bushes may temporarily block sight lines and it is suggested that anything within the view triangle be either cut lower or replaced with a lower-growing shrub.  He agreed that this is an opportunity to clean up a property in a very visible area of Town and yet have a relatively minor impact on the traffic volumes and operations on the roadways.  Ms. Marsh questioned whether Mr. Barkin looked at the interior traffic pattern and the vehicles backing out of parking spots safely.  Mr. Barkin indicated that he did not.  Ms. Marsh questioned the increase in volume.  Mr. Barkin replied that currently there is a trip a minute going in or out of the site and would probably double with the convenience store.  He noted that they did their counts between 7:00 and 9:00 a.m. and the highest one hour period was 7:45 to 8:45 a.m.  He noted that the afternoon peak occurred between 3:00 and 4:00 p.m.  Mr. Barkin stated that they increased the traffic counts 13 percent and noted that the State data showing seasonal variations indicates 8 to 10 percent.  He noted that most gas station visitors are already driving by and stop to get gas so they are not new trips to the roadway.

Ms. Marsh questioned whether this type of facility would draw traffic from I-95.  Mr. Barkin replied that he would suggest not.  Ms. Marsh stated that she has visited this station for gas and there have been three or four other people trying to get in.  She questioned whether adding another use would make it too congested.  Mr. Barkin stated there will be more traffic and there may be people weighting.  He noted that there are many times of the day when there is no one waiting.  Mr. Barkin stated that they do not expect new traffic on Halls Road.  Mr. Risom stated that he is concerned about vehicles at the pump taking additional time because they are in the convenience store and that the traffic will back up further into the traffic lanes.  Mr. Barkin stated that it will be somewhat self-limiting.  He explained that he went to the post office this morning and the line was out the door so he did not stop.  Mr. Barkin stated that they looked at the idea of suggesting the a one-way flow of in and out traffic, but the problem is that gas tanks are on both sides of cars depending on the manufacturer and because it would be difficult to enforce.  

Ms. Marsh noted that they are decreasing the pavement to meet the Zoning Regulations and questioned whether Mr. Barkin felt this is a good idea.  Mr. Barkin stated that if it is efficiently done it is a good idea.  He submitted a copy of his traffic report which was marked Exhibit Q.

Mr. Johnson noted that it is difficult making a left hand turn out of the station this time of year, much less during the summer.

Mr. Hendriks stated that the parking spaces located along the westerly side of the property have 35 to 40 feet of back-up area to utilize to turn around and exit the site.  He noted that many people will gas up and park their car in a parking space and then go in and shop.  Mr. Hendriks stated that the gas station has existed in this location for 35 to 40 years.  He noted that the original parking configuration was similar to what is proposed and he does not see any evidence of accidents within the facility.  Mr. Hendriks noted that the applicant has brought the site more into compliance with the Zoning Regulations.  Ms. Marsh noted that the site will have more visitors with the proposed convenience store.  Mr. Hendriks agreed that the traffic report indicates the generation of more people, but noted that their visit are very short; they’re in and out.

Mr. Hendriks stated that Mr. Metcalf’s letter of January 8, 2006 acknowledges that there are changes to the driveway entrances and those changes are within the State of CT right-of-way.  He indicated that the applicant has submitted an application to DOT and submitted a copy of the application for the record (Exhibit R).  Mr. Hendriks stated that Mr. Metcalf mentions monitoring wells on the site and stated that Shell has a very good monitoring program.  He explained that the site was reviewed and has a clean bill of health.  Mr. Hendriks stated that in #3, Mr. Metcalf indicates that any new proposed utilities should be noted.  Mr. Hendriks stated that he does not foresee any major new proposed utilities.  Mr. Hendriks stated that the existing utilities are overhead and come off the wires within the Boston Post Road.  He indicated that he would clarify this is Note #4.  Mr. Hendriks stated that Comment #4 refers to the landscaping and he noted that there is a landscaping plan in the file.  He noted that soil and erosion control is addressed in a basic outline form.  He explained that they are not disturbing the property, only removing some pavement and sodding, seeding and installing a new catch basin.  Mr. Hendriks stated that Comment #6 of Mr. Metcalf requests that a note be added that the design engineer will review and monitor the installation of the storm septor and the extra catch basin.  Mr. Hendriks stated that Comment #7 refers to the in and out arrows.  Mr. Hendriks stated that the arrows will be painted on the pavement and they will place a one-way sign on Huntley Road so that anyone exiting from the site does not take a right hand turn.  He indicated that they will also provide proper signatures on the drawings.

Mr. Tooker questioned whether all deliveries will come in from Huntley Road.  Mr. Hendriks stated that some of the deliveries are very early in the morning and a truck could pull up to the front and make a delivery.  Mr. Johnson stated that he would like to see it required that all deliveries are made at the rear of the building.

Mr. Hendriks stated that Mr. Graybill’s wish is to have a formalized location for the bagels, donuts and coffee.  He noted that many convenience stores have a self-service counter for coffee and donuts.  Mr. Hendriks stated that the site does not use much water.  He noted that the current septic system more than adequately meets the requirement for the number of gallons of water used.  He noted that there are two drywells, one old and one new.  Mr. Hendriks stated that they are suggesting that manholes be installed in the drywells so that they can be easily accessed.  

Mr. Hendriks stated that they estimate 3 to 4 employees, not at the same time but on a rotating basis.  He indicated that this is why they have provided 13 parking spaces instead of the required 10.

Ms. Marsh asked if Mr. Hendriks has addressed Ms. Brown’s letter of January 9, 2006.  Mr. Hendriks replied that he did not receive that letter.  Ms. Marsh supplied him with a copy of this letter.  Ms. Brown noted that the Zone is shown on the Zoning Table has C-30 and the proper Zone is C-30S.  Addressing Ms. Brown’s letter, Mr. Hendriks stated that he proposes no changes to the leaching system.  Ms. Brown noted that the Town Sanitarian has indicated that there will be modifications required to the septic system.  Ms. Marsh read Mr. Rose’s letter for the record.  Mr. Hendriks stated that perhaps he is looking for a grease trap or something of that nature because of the coffee/donut area.  

Mr. Hendriks stated that the site does not have any history of accidents and they believe the new entrance will provide safer circulation in itself.  He noted that the interior circulation is not changing and history shows it to be safe.  Mr. Hendriks stated that they have submitted floor plans for the record this evening.  He addressed the Statement of Use.  Mr. Graybill stated that summer hours of operation would be 6:00 a.m. to midnight and winter hours would be 6:00 a.m. to 10:00 p.m.  He indicated that after hours only the interior emergency lights would be left on and the outside lights would not be on.

Mr. Graybill stated that the repairer’s and used car licenses will be probably be terminated.  He noted that they may be transferred to another property, but will be terminated at this site.  Mr. Hendriks stated that the applicant will sell the typical convenience store items.  He noted that motor oil and windshield wiper fluid will be sold in containers.  Mr. Hendriks stated that he believes the E&S plan is complete because they are not changing the site.  He stated that they have added the underground water service line, which was not on the original site plan.

Mr. Tooker stated that he believes it will be a hardship to have all the deliveries in the rear.  He indicated that he thinks it should be left up to Mr. Graybill.  Ms. Brown stated that it has been brought to her attention that the owner of the property has not signed the application or given a letter of authorization.  Attorney McGarry stated that the service station lease has a blanket clause which says they can do anything they want without the owner’s permission.  He indicated that he will provide this documentation.  Ms. Brown stated that the applicant will have to sign a letter of extension for the Public Hearing.  Attorney McGarry indicated that he will.  Ms. Brown also noted that the Wetlands report has not been received.

Mr. Risom questioned whether the existing parking behind the station is gravel.  Mr. Hendriks replied there is a small paved area.  Mr. Risom questioned whether the lighting under the canopy are full cut-off fixtures presently.  Mr. Hendriks stated that they are set in the canopy so they are not visible laterally.  Mr. Risom stated that it appears to him that there is some lateral light and he would like to be sure the lighting is in compliance.  He questioned the angle of light on the rear light fixture.  Mr. Risom stated that he wants to be sure that the light does not trespass onto Huntley Road.  Mr. Hendriks stated that he will review it.  He indicated that the fixture is versatile and features adjustable cut-off from 70 to 90 percent to reduce light trespass and high angle glare.  Mr. Risom questioned the purpose of the shed at the rear of the property.  Mr. Hendriks stated that the shed is existing and will remain.  Mr. Risom questioned the location of the refrigeration equipment in terms of the neighbors hearing the compressors run at night.  Mr. Hendriks stated that they are all inside the building.

Mr. Risom questioned whether the coffee service will be a franchise.  Mr. Graybill replied that it will be a franchise.  Mr. Risom questioned whether the highway sign will be changed from gas/diesel.  Mr. Graybill stated that the sign will probably be changed to add convenience.

Ms. Marsh read the legal notice, as published in the New London Day on Thursday, December 29, 2005 and Thursday, January 5, 2006.  She also read the exhibit list for the record.  Mr. Risom asked for comments in favor of the proposal and no one came forward.  He then asked for comments against the application, or general questions.

Amish Shah, owner of Nicole’s Convenience Store, stated that he does not see a need for another convenience store and coffee shop when there is already a convenience store and two other coffee shops and the A&P in such close proximity.

Brett Enmen, lifetime resident of Old Lyme and abutting business owner, stated that his family business does not compete in any way with the proposed facility.  Mr. Enmen stated that the proposed facility will be attractive, but his comments address the change of use.  He indicated that it is not right to remedy an eyesore by allowing a change of use.  Mr. Enmen stated that this new facility will draw highway traffic and change the traffic on Halls Road.  He indicated that the traffic information submitted is not accurate as doing traffic counts on December 22 has no comparison to July 22 or August 22.  Mr. Enmen stated that a convenience store is entirely different then a gas station.  He indicated that the current gas station has caused his business a multitude of problems.  Mr. Enmen stated that he does not want the problems multiplied or magnified.  

Mr. Enmen stated that there is no facility that exists from Branford to Mystic that would be a fair comparison.  He indicated that there is no facility in Old Lyme that could compare to a national chain convenience store.  Mr. Enmen stated that a poll should be conducted of Citizen’s Bank employees and customers who deal with Koffee Works patrons with landscape trailers and contractor trucks that block teller aisles.  He noted that the traffic study does not address tour buses or tractor trailers that will exit the highway for the most convenient convenience store for fifty miles in any direction.  Mr. Enmen stated that tractor trailers park alongside the road and run across to Koffee Works or to use the bathroom at the gas station.  He indicated that this type of thing will increase with this proposal.  Mr. Enmen stated that that the proposed change of use will not benefit the Town.  He submitted a copy of a letter from Treasures which was marked Exhibit T.

Judith Enmen, speaking as POA for the owner of the building next store, Gladys Roberts Trust, and for Treasurers, her family shop.  She indicated that the traffic engineer has no idea between the traffic difference on December 22 and the summer.  Ms. Enmen stated that Halls Road backs up all summer long because of the highway back-ups.  She indicated that the convenience store will be advertised on the highway and will be the quickest and easiest pit stop off I-95 for fifty miles.  Ms. Enmen stated that no one has discussed where buses will park.  She indicated that the septic concerns with bus traffic have not been addressed or the increased water use.  Ms. Enmen stated that the tractor trailers currently park across the end of Treasurers driveway.  She indicated that large vehicles cannot navigate the service station parking lot.  Ms. Enmen stated that landscape trucks with trailers cannot navigate the parking lot and this has not been addressed.  She indicated that for years everyone parked in her lot to use the phone booth on Mr. Graybill’s property and to use his bathroom facilities.  She stated that to say there has not been a problem is untrue.

Blair Hoxby, 7 Huntley Road, stated that the Commission should take into account the additional traffic on Huntley Road, which is partly residential.  He stated that tractor trailers and buses will be a nuisance.  He indicated that increased traffic and motorcycles will not be desirable for a rural and relatively quiet town.

Mr. Risom stated that the Public Hearing will be continued to the February 15, 2006 Regular Meeting, and noted that the applicant has agreed to a 35-day extension.

2.      Site Plan/Special Exception Application to construct a dock, 38 Neck Road, Blair and Caroline Hoxby, applicants.

Ms. Marsh read the legal notice as published in the New London Day on Thursday, December 29 and Thursday, January 6, 2006 for the record.  She also read the list of exhibits for the record.

Blair Hoxby stated that he asked Mr. Sharpe to design a dock with the least environmental impact.  He noted that the dock is 45 feet long and 4 feet wide.  He stated that there is also a ramp that is 25 feet long and 3.5 feet wide which goes down to the floating dock.  Mr. Hoxby stated that the dock is not within 25’ of either abutting property owner.  He explained that the Old Lyme Marina had some concerns about access to maintain their property, all of which have been addressed.  Mr. Hoxby stated that they have received approval from the DEP and Army Corps of Engineers.  

Mr. Hoxby stated that the floating portion of the dock is 15’ by 6’8”.

Mr. Risom questioned whether there are any proposed services on the dock such as electrical or water.  Mr. Hoxby replied that there is not.  Mr. Risom questioned whether there will be lighting.  Mr. Hoxby replied that they do not see a need for lighting.  Mr. Risom noted that if lighting, water service or electrical service were to be added, the owner would be required to file a site plan modification application for the Commission’s review and approval.  Mr. Hoxby agreed.

Mr. Risom noted that the high-tide line is at the third step.  Mr. Hoxby indicated that he intentionally designed it in this manner so that it would have the least environmental impact.

No one present spoke in favor of or against the application.  Hearing no further comments, Acting Chairman Risom asked for a motion to close the Public Hearing.

Ms. Brown noted that the Regulations do not allow a dock on a lot where there is no house.  She noted that this case is different because the property is located in the Waterfront Zone and a dock is a permitted use.

A motion was made by John Johnson, seconded by Steve Ames and voted unanimously to close the Public Hearing for the Site Plan/Special Exception Application to construct a dock, 38 Neck Road, Blair and Caroline Hoxby, applicants.

Acting Chairman Risom adjourned the Public Hearing at 9:05 p.m.

Respectfully submitted,



Susan J. Bartlett
Recording Secretary