APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, June 12, 2006
The Old Lyme Zoning Commission held a Regular Meeting on Monday, June 12, 2006 at 7:30 p.m. in the Auditorium of Memorial Town Hall. Members present were Tom Risom (Acting Chairman), Jane Marsh (Secretary), Jane Cable, Steven Ames (Alternate, seated), and Howard Tooker (Alternate, seated – arrived at 8:00 p.m.). Also present was Ann Brown, Zoning Enforcement Officer.
1. Convene Meeting; announcement of voting alternates.
Acting Chairman Risom called the meeting to order at 7:30 p.m.
A motion was made by Jane Marsh, seconded by Jane Cable and voted unanimously to amend the agenda to postpone the Public Hearing until the applicant arrives and to move Item 5 ahead of Item 1.
2. Enforcement Report
a. 286 Shore Road – Ms. Brown stated that she would like the Commission to review Dimitry Tolchinsky’s proposal to modify the partially completed building. She noted that she issued a Cease and Desist Order because the building was not being constructed in accordance with the plans that had been approved by both the Zoning Board of Appeals and the Zoning Commission. Ms. Brown stated that Mr. Tolchinsky appealed the Cease and Desist Order and the Court found in favor of the Town. She explained that she is now pursuing enforcement
of the Cease and Desist Order because Mr. Tolchinsky has not corrected the building. Ms. Brown noted that the trial date is July 18.
Ms. Brown stated that Mr. Tolchinsky has submitted elevation drawings of the building that he intends to take before the Judge to see if the Judge will agree that the plans are in accordance with the Town approval. She stated that Eric Knapp, her attorney, suggested that she bring the plans to both the Zoning Commission and the Zoning Board of Appeals for a consensus. Ms. Brown stated that she does not believe the plans are in compliance with the approvals granted. She reiterated that she does not want the Commission to make a decision; she would
just like guidance. Ms. Brown stated that if the Board thinks they would like to make a decision on the record, she would ask that they schedule the item for discussion at the July Regular Meeting and make a decision at that time.
Ms. Brown stated that she attempted to superimpose the old plans onto the new drawings. She explained the different elevations to the Commission, comparing the approved to the proposed. Ms. Brown noted that the proposal is to maintain the 30’ height, but noted that in her opinion there is greater bulk to the structure. Ms. Marsh questioned whether there is an additional floor. Ms. Brown stated that there are two full floors and an attic. Ms. Marsh noted that there is a additional floor. Ms. Brown noted that there was also filling done on the site to make sure the height in the rear was at or under 30 feet. The Commission agreed that the drawings submitted by Mr. Tolchinsky are not in compliance with the approvals that were granted; they acknowledged that
the plans are substantially different.
Acting Chairman Risom adjourned the Regular Meeting to conduct the Public Hearing at 7:40 p.m. He reconvened the Regular Meeting at 8:15 p.m.
3. Site Plan Modification Application for five outdoor picnic tables, 100 Shore Road, The Cabin, Joyce Faiola, applicant.
Ms. Cable stated that since the number of seats will not change, she would be inclined to approve the application. Ms. Cable read the draft motion for approval. The Commission added a condition that limits the seating to 78 and another condition that requires the applicant to bring the site into compliance with the approved 1995 site plan, except for the proposed changes including seating, wall and planters. Ms. Brown indicated that she will get a seating plan from Ms. Faiola.
A motion was made by Jane Cable, seconded by Steven Ames and voted unanimously to approve the Site Plan Modification Application for five outdoor picnic tables, 100 Shore Road, The Cabin, Joyce Faiola, applicant, as follows:
Whereas, the Zoning Commission has received as application for Site Plan Modification, one sheet showing five outside tables;
Whereas, the Zoning Commission has held a duly noticed public hearing on June 12, 2006, and the Commission has heard testimony from both citizens of Old Lyme and the applicant; and
Whereas, the proposed use is permitted 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 modifications required to be followed:
1. A dry stone wall at least 28” in height must be installed in the location shown on the plan submitted;
2. Four large planters (two on each side) must be installed in front of the wall, final size and location to be approved by David Roberge;
3. “NO PARKING”, “IN” with arrows, and “OUT” with arrows must be painted on the pavement to direct traffic flow as shown on the plan submitted.
4. The restaurant and outside areas shall be configured so as to provide no more than 78 seats at any one time.
5. Except for these proposed changes, including seating, wall and planters, the site, in all other ways, shall be brought into compliance with the 1995 record site plan.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 31.3, in particular that the proposed use, buildings and other 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; 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
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to Joyce Faiola for the Site Plan Modification for property at 100 Shore Road, Old Lyme, CT, with the modifications specified.
4. Site Plan/Special Exception Application to construct two elevated paddle tennis courts, a 24’ x 24’ maintenance shed and a gravel parking area, 40 McCurdy Road, Old Lyme Country Club, applicant. Receipt.
Gary Sharpe, engineer, was present to explain the application, along with Bob Bollo, Bill Nado and Stanford Brainerd, representing the Country Club. Mr. Sharpe stated that the property is located on the westerly side of McCurdy Road opposite the entrance to the golf course. He stated that the property is relatively degraded, with the exception of a few improvements such as the tennis courts. Mr. Sharpe noted that the proposed activity would be to the south of those two tennis courts. He stated that there are inland wetlands on the site, and the project has been approved by the Old Lyme Wetlands Commission.
Mr. Sharpe stated that the two existing paddle tennis courts currently located by the swimming pool will be moved to this area, along with the maintenance shed. He noted that in order to address parking shortages, they would like to construct a gravel parking area to be used by those members using the tennis facility, and also overflow parking for other club activities.
Ms. Brown noted that they will need landscaping details for the Public Hearing. Ms. Marsh suggested a guardrail to protect the wetlands. Ms. Brown suggested that the applicant discuss the driveway entrance with the Public Works Department to be sure they are in agreement with the location of the entrance.
A motion was made by Jane Cable, seconded by Steve Ames and voted unanimously to schedule the Public Hearing for the Site Plan/Special Exception Application to construct two elevated paddle tennis courts, a 24’ x 24’ maintenance shed and a gravel parking area, 40 McCurdy Road, Old Lyme Country Club, applicant, for the July 10, 2006 Regular Meeting.
5. Release of Bond, 147 Boston Post Road
Ms. Brown indicated that there are still open items and asked that this item be tabled to the July Regular Meeting.
A motion was made by Jane Marsh, seconded by Steve Ames and voted unanimously to move Item 8 up on the agenda.
6. New Business.
Matthew Fleisher and Mark Brett were present to explain their application. Mr. Fleisher indicated that they would like to put offices on the second floor and not construct the additional required parking. Ms. Brown noted that the applicant has shown the required additional parking and they are willing to construct it if the Commission agrees to a Modified Site Plan evaluation without a public hearing. She noted that if the Commission plans to schedule a public hearing, they would like to submit a Special Exception Application to relieve them of the requirement of constructing the parking. Ms. Brown stated that there is one neighbor that seems to object to anything this applicant would like to do on their property. Ms. Marsh noted that there were quite a few people that were opposed to the
previous application.
Mr. Tooker stated that he feels that a Public Hearing should be conducted. Mr. Ames and Ms. Marsh agreed. Mr. Risom stated that he would also agree to hold a Public Hearing and welcomed the applicant to submit a Special Exception Application so that they would not have to construct the additional parking.
Mr. Fleisher indicated that the comments made by the public at the previous Public Hearing had no bearing on the rules or zoning law. He noted that the public bashed the Commission as much as they bashed him and Mr. Brett. Ms. Marsh stated that the public has to be able to comment, whether or not their comments are relevant. She noted that the Board will make decisions based on the rules and regulations.
A motion was made by Jane Marsh, seconded by Jane Cable and voted unanimously to accept the Special Exception Application/Site Plan Modification Application of M. Brett Painting, 458 Shore Road, to make interior modifications to the second floor of existing storage building and to use the second floor for office space and to authorize construction of fewer parking spaces than standards require, and to set the Public Hearing for July 10, 2006.
Concern was expressed about Lyme Academy and their putting top soil and grass on a parking area. Ms. Brown indicated that she would inspect the property. Mr. Tooker stated that it is very muddy and dangerous when he was at the Academy one evening.
7. Approval of Minutes
A motion was made by Jane Cable, seconded by Jane Marsh and voted unanimously to approve the minutes of the May 8, 2006 Regular Meeting and Public Hearing and the May 30, 2006 Special Meeting.
8. Regulation Rewrite – Set special meeting.
A Regulation Rewrite Meeting was set for Monday, June 19, 2006 at 7:00 p.m.
Ms. Marsh stated that at the Regional Gateway Meetings it is consistently mentioned that Old Lyme has not adopted the new Gateway Standards. She indicated that the Town must either adopt the Regulations or not be part of Gateway. Ms. Brown stated that she would send the new Gateway Standards to the Commission, along with the Regulation Rewrite Agenda.
9. Correspondence
None.
10. Miscellaneous/Adjourn
A motion was made by Jane Cable, seconded by Steve Ames and voted unanimously to adjourn at 9:20 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
| 
