APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, May 8, 2006
The Old Lyme Zoning Commission held a Regular Meeting on Monday, May 8, 2006 at 7:30 p.m. in the Auditorium of Memorial Town Hall. Members present were Ted Kiritsis (Chairman), Tom Risom (Vice Chairman), Jane Marsh (Secretary), John Johnson, Jane Cable, Steven Ames (Alternate), Howard Tooker (Alternate) and Brian Kyle (Alternate). Also present was Ann Brown, Zoning Enforcement Officer.
1. Convene Meeting; announcement of voting alternates.
Chairman Kiritsis called the meeting to order at 7:30 p.m. He immediately recessed the Regular Meeting to conduct the Public Hearing. Chairman Kiritsis reconvened the Regular Meeting at 8:28 p.m.
2. Petition to Amend the Old Lyme Zoning Regulations to create a new Section 32.5.10, Conversion of a Non-Residential Building to Dwelling Units, Michael Cohen and Steven Wallet, applicants.
Chairman Kiritsis stated that Mr. Ames would be voting for Tom Risom. Chairman Kiritsis stated that at the last Public Hearing there were some remaining legal questions which were referred to Attorney Branse. He noted that the Commission members received a copy of this letter and it is part of the application file. Mr. Johnson noted that a supermajority vote is not required.
Ms. Marsh stated that she appreciates the work of the applicant in presenting their idea. She indicated that having just concluded with the SVDD and spending years in discussion of this matter, the conclusion was that it was meant only for the Sound View Design District area. Ms. Marsh stated that the idea of another area with an even more generous residential development is not in the best interest of the Town. She stated that the fact that a person has a particular piece of property that they need to find a use for does not persuade her. Ms. Marsh stated that she is not in favor of the proposal.
Ms. Marsh stated that this particular area is the most sensitive to development and is not a suitable area for multi-family housing. She indicated that she does not want to send a message to developers that Old Lyme is looking for multi-family housing in this area.
Ms. Cable stated that this type of development is just the type of development called for in the Plan of Development where the Planning Commission asks for diversity of housing types and preserving structures that are or soon will be historic. She indicated that it will be a welcome addition to the current housing stock.
Mr. Johnson stated that the proposed regulation is good in that it allows for adaptive use of existing structures. He indicated that he does not see a problem with the septic because the Health Department will determine septic suitability. Mr. Johnson stated that the proposal will make good use of the church building.
Mr. Risom stated that he agrees with everyone’s comments. He indicated that it is a good use for this structure, but on the other hand he is a supporter of the 30,000 square foot minimum lot size and the Chairman of the WPCA. Mr. Risom stated that he is intimate with the Long Island Sound Programs and DEP requirements and cannot in good conscience increase the density of the septic load in that area. He indicated because of septic loading, he would not be in favor of this amendment. Mr. Risom stated that he believes they will be able to get six legal septic systems on the property, but the density of the area needs to be reduced to protect the groundwater. He noted that R-10 zoning in that area is a mistake, but it is one they have to live with.
Mr. Tooker stated that he feels the project is a good use for the structure. He noted that there is good soil in the area, although it will put more burden on the area. Mr. Tooker stated that some one will do something with the structure. He indicated that the proposed project is beautiful.
Mr. Kyle agreed with Mr. Johnson’s comments. He indicated that the integrity of the structure will be maintained with this proposed amendment.
Ms. Marsh stated that it has been said that there is no other use for this structure other than a multi-family project. She indicated that the structure has been a public meeting place for a long time and to say that the only thing it can be is condominiums is not correct. She noted that there are many large structures in Town that are not condominiums. Ms. Marsh stated that it could house another church or be a meeting house for another association.
Mr. Ames indicated that the church has been for sale for quite a while with no other proposed use presented. Ms. Marsh pointed out that the applicant’s are under contract so no one else would be able to bring an application to the Commission. Ms. Marsh stated that in reading the Point O’ Woods evaluation that resulted in attempting to get a sewer connection to East Lyme/New London, the point wasn’t just the number of failing septics, the real reason was the nitrogen loading in Long Island Sound.
Ms. Marsh stated that the Zoning Commission must look at the overall effect of dense development along the shoreline. She indicated that she must point out to everyone that consideration of this is part of the Zoning Commission’s obligation. Ms. Marsh stated that the Commission cannot solely be concerned with a good use for a particular existing structure. She noted that nitrogen loading is part of what sewer avoidance is all about.
Chairman Kiritsis stated that the public’s comments leaned more toward their opposition to losing the church. Mr. Risom noted that the structure is already not a church so that cannot be addressed from the Commission. Ms. Marsh stated that she heard many comments from the public regarding their not wanting multi-family housing in that area.
Mr. Risom stated that the Commission keeps regressing to a specific project, which is unfair. He noted that the proposal is a change in the Regulations to convert non-residential units to residential units. Mr. Risom stated that this is the basis of the amendment.
The Commission took a five-minute recess at this time.
A motion was made by John Johnson, seconded by Jane Cable and voted to approve the Petition to Amend the Old Lyme Zoning Regulations to Create a New Section 32.5.11, Conversion of a Non-Residential Building to Dwelling Units, Michael Cohen and Steven Wallet, applicants, as follows:
Whereas, the Zoning Commission has received a Petition to Amend the Zoning Regulations to Create a New Section 32.5.11, Conversion of a Non-Residential Building to Dwelling Units, Applicants, Michael Cohen and Steven Wallet; and
Whereas, the Zoning Commission has held a duly noticed public hearing on February 15, 2006 and March 13, 2006 and April 10, 2006, and the commission has heard testimony from both citizens of Old Lyme and the applicant; 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
Whereas, the Old Lyme Zoning Commission finds that the proposal as amended (text attached) is consistent with the Old Lyme Plan of Conservation and Development; and
Whereas, the Old Lyme Zoning Commission finds that the proposal as amended should be approved because:
1. It conforms with the intent of the 2000 Plan of Conservation and Development in preserving historic structures and promotes diversity of housing.
2. It preserves the distinctive character of the shoreline within Old Lyme.
3. It maintains the mix of residential and commercial uses within the shoreline area.
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to this Petition to Amend the Zoning Regulations to Create a New Section 32.5.11, Conversion of a Non-Residential Building to Dwelling Units, Applicants, Michael Cohen and Steven Wallet with the modifications specified, effective date June 1, 2006.
Ms. Marsh stated that if this motion were to go forward, she would like to address the issue of garages. She noted that all multi-family developments require garages. Ms. Brown noted that the proposed Regulation is asking that garages be specifically exempted. Ms. Marsh asked that if the motion were to go forward she would like an amendment to require garages. Mr. Johnson replied that he would not be in favor of requiring garages. Ms. Marsh questioned whether Mr. Johnson feels all multi-family development should not be required to have garages. Mr. Johnson stated that this amendment does not effect all multi-family developments, just perhaps five other sites in Town.
Ms. Marsh stated that the proposed regulation sets minimum standards. She noted that garages are minimum standards in multi-family developments currently. Chairman Kiritsis stated that most historic structures do not have garages. Ms. Marsh stated that for all other multi-family developments, Section 32.6.7 states that at least one parking space shall be provided in an enclosed garage for each dwelling unit.
Motion carried 4:1, with Jane Marsh voting against. Alternate Steven Ames voted in place of Tom Risom.
3. Site Plan/Special Exception Application to operate a preschool, 75 Rogers Lake Trail, Margaret Ames, applicant. Applicant requested an extension on the opening of the Public Hearing to the May 8, 2006 Regular Meeting.
Chairman Kiritsis noted that this application has been withdrawn.
4. Site Plan/Special Exception Application to construct a dock, 2 North Road, Rob Shickel, applicant.
Mr. Johnson stated that he appreciates that the piles will be placed a little deeper than originally proposed and also that the boards will be placed far enough apart to allow light to get through.
Mr. Tooker stated that a few people expressed concerns about the wildlife. He noted that there is a State Landing at the end of Smith Neck Road with Osprey Towers all over and the osprey do not appear to be affected by the Landing. Mr. Tooker stated that the deer will continue to find their way around the highland as they can walk across the overpass at Flat Rock Hill Road.
Ms. Marsh noted that the Commission’s review on this type of application comes after the DEP’s and Army Corps of Engineers’. She noted that the Commission reviews the upland connection, not what is extending into the river.
Mr. Risom agreed with Ms. Marsh’s comments.
A motion was made by John Johnson, seconded by Jane Cable and voted unanimously to approve the Site Plan/Special Exception Application to construct a dock, 2 North Road, Rob Shickel, applicant, as follows:
Whereas, the Zoning Commission has received application for Site Plan/Special Exception approval to allow construction of a dock for property of David and Lena Tuck at 2 North Road, Old Lyme, CT, one sheet titled, “Captain’s Way, Point O’Woods, Old Lyme, Connecticut, prepared for David & Lena Tuck”, as prepared by Donald R. Carlson, Registered Land Surveyor, 97 Lord’s Lane, Deep River, Connecticut and dated March 24, 2004;
Whereas, the Zoning Commission has held a duly noticed public hearing on April 10, 2006 and May 8, 2006, 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 Site Plan/Special Exception under the Old Lyme Zoning Regulations, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 31.2 of the Regulations with the following conditions:
During installation of the underground electrical conduit, erosion control measures should be implemented to minimize the potential for sediment transport to the wetlands;
Placement of the conduit would be performed by hand labor and not mechanical equipment;
Heavy equipment is prohibited for any landward work and delivery of materials within 50 feet of the tidal wetlands;
Clearing on the “island” is limited to the walking path;
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 31.3, 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 32.9.3, 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 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 the Site Plan and Special Exception application to construct a dock for property of David and Lena Tuck at 2 North Road, Old Lyme, CT, dated this 8th day of May, 2006, with the modifications specified.
5. Site Plan Modification Application for five outdoor picnic tables, 100 Shore Road, The Cabin, Joyce Faiola, applicant. Receipt.
Ms. Brown stated that the Commission is receiving the application this evening. She noted that the Fire Marshall has comments which have not been resolved.
The Commission received the application and set the Public Hearing for the June Regular Meeting.
6. Approval of Minutes
A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to approve the Minutes of the April 20, 2006 Regular Meeting and Public Hearing as corrected.
A motion was made by John Johnson, seconded by Jane Cable and voted unanimously to approve the minutes of the March 27, Special Meeting.
A motion was made b y John Johnson, seconded by Jane Cable and voted unanimously to approve the minutes of the April 24, 2006 Special Meeting.
7. Zoning Enforcement – Zoning Enforcement Report
Ms. Brown distributed the Zoning Enforcement Report. She noted that 18 Browns Lane is now in compliance. Ms. Brown stated that the owners of 5 Enterprise Drive asked for a notice of violation for outside storage. She indicated that she will inspect to be sure the site is now in compliance. Ms. Brown also reminded them that trees need to be replaced. She noted that Mr. Graybill complained of many hoop structures and outside storage behind Treasurers. She noted that the applicant has indicated that it will be cleared in the next few months.
8. Regulation Rewrite – Set special meeting.
A Regulation Rewrite Meeting was set for Monday, May 22, 2006 at 7:00 p.m.
9. Correspondence
None.
10. Any new or old business to come before Commission.
None.
A motion was made by Jane Marsh, seconded by Jane Cable and voted unanimously to go into Executive Session at 9:21 p.m. to discuss pending litigation.
A motion was made by Jane Cable, seconded by Jane Marsh and voted unanimously to adjourn the Executive Session at 9:37 p.m.
Chairman Kiritsis noted that no decisions were made and no votes were taken in the Executive Session.
11. Miscellaneous/Adjourn
A motion was made by Tom Risom, seconded by John Johnson and voted unanimously to adjourn at 9:37 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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