APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, July 10, 2006
The Old Lyme Zoning Commission held a Regular Meeting on Monday, July 10, 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), Jane Cable, John Johnson and Steven Ames (Alternate). Also present was Ann Brown, Zoning Enforcement Officer.
1. Convene Meeting; announcement of voting alternates.
Chairman Kiritsis called the Regular Meeting to order at 7:32 p.m. Chairman Kiritsis immediately recessed the Regular Meeting to conduct the Public Hearing. He reconvened the Regular Meeting at 8:31 p.m.
2. 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.
No action taken. The Public Hearing on this item has been continued to the August Regular Meeting.
3. 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.
Mr. Risom stated that as he heard concerns during the Public Hearing, he jotted down possible conditions; that the additional landscaping shown on the plan shall be planted prior to the use of the new office space in the rear building and that the evergreens shown on the plan should provide visual screening at street level and should be of a species that grows in the shade and is typical of the area; that the office space shall not be rented to any other entity or business; the added pavement shall not be constructed without further approval by the Zoning Commission; and that the existing blacktop be striped to delineate parking spaces.
Ms. Marsh questioned whether the Commission should require curbing on the side of the existing pavement that is nearest the wetlands. She noted that in this way the water would not drain toward the tidal wetlands. Chairman Kiritsis suggested that the Commission refer the item to Tom Metcalf for his recommendation. Ms. Marsh indicated that a referral would hold the applicant up. Ms. Brown suggested that a condition be added that requires the applicant to repair the dirt areas and plant grass, including in the test hole area. Ms. Marsh stated that she would like a condition that requires that all the grass areas be re-established around the parking area.
The Commission discussed a modest landscaping bond and agreed on $1,500.00. Ms. Marsh indicated that Ms. Brown should be authorized to release the bond upon completion of the work.
A motion was made by Tom Risom, seconded by John Johnson and voted unanimously to approve 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 office space and to authorize construction of fewer parking spaces than standards require, as follows:
Whereas, the Zoning Commission has received applications for Site Plan, and Special Exception approvals, one sheet as prepared by Angus McDonald/Gary Sharpe & Associates, Inc., titled Property Survey of Mark J. Brett & Matthew B. Fleisher, Four Mile River Road & Shore Road – Conn. Route 156 – Old Lyme, Connecticut, dated May 13, 2005 with revisions through 6/8/06;
Whereas, the Zoning Commission has held a duly noticed public hearing on July 10, 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, and 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 added to the final plan:
Additional landscaping shown on the plan shall be planted prior to the use of the new office space in the rear building and that the evergreens, identified on the plan, be of a type native to the area that provides visual screening at the street level and that will grow in the shade.
Office space shall not be rented to any other entity or business;
The added pavement shall be not be constructed without a further approval by the Zoning Commission;
The existing pavement shall be striped to delineate parking spaces;
Owner/Applicant shall sign the application;
Pavement to grass transitions be restored;
A $1,500.00 bond shall be placed which will be released upon the completion of the listed improvements as determined by the ZEO.
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;
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 applications for Site Plan, and Special Exception approvals, one sheet as prepared by Angus McDonald/Gary Sharpe & Associates, Inc., titled Property Survey of Mark J. Brett & Matthew B. Fleisher, Four Mile River Road & Shore Road – Conn. Route 156 – Old Lyme, Connecticut, dated May 13, 2005 with revisions through 6/8/06, to allow construction of offices on the second floor of the existing garage building, and to defer construction of additional parking spaces under section 41.8 of the Zoning Regulations, with the modifications specified.
4. Release of Bond, 147 Boston Post Road
Ms. Brown noted that the work has not been completed. Chairman Kiritsis stated that this item is tabled to the August 14, 2006 Regular Meeting.
5. Site Plan Modification Application for a dog and cat grooming salon and accessory retail store, change of use, Country Dog Grooming, 159 Boston Post Road, Judy Humble, applicant.
Ms. Brown noted that the Commission is receiving this application this evening. She explained that if the information is sufficient, the applicant would request an approval this evening.
Jody Humble was present to explain her application. She stated that she lives in East Haddam and currently runs a dog grooming business called Country Dog Grooming. Ms. Humble explained that she would like to rent space at 159 Boston Post Road to open a dog and cat grooming business with high end pet food and accessories. She indicated that most of her retail is by the people who are bringing their animals in for grooming. Ms. Humble explained that there are two 500 square foot units, one will be a grooming area and the other will be the retail area.
Ms. Humble stated that the way her business operates, she would only need four parking spaces at any given time, two for employees and two for customers. She noted that there are currently twelve parking spaces on site and Cote only uses five of those spaces. Ms. Cable questioned how many parking spaces Cote is required to have. Ms. Brown stated that the site plan does not show a driveway around the east side of the building. She indicated that on at least one of the site plans there is an explanation of the parking. Ms. Brown stated that there have been a series of approvals, there’s been an original division, and then there was a reconfiguration of that division and is now before the Planning Commission again for a lot line revision. She indicated that the approved part of the
plan will stay as it is, but the actual lot size and shape is going to be changing. She noted that it will have no effect on this approval.
Ms. Humble stated that she is putting traps in the pipes to catch hair. She noted that there are no other interior or exterior changes. Ms. Humble stated that she will add a sign to the existing signage.
The Commission discussed the previous use of this space. Ms. Humble stated that when she looked at the space it was an antique business. Mr. Risom stated that Lou Davidson had an office there at one point. Ms. Marsh stated that there is no way to evaluate the parking. Ms. Brown stated that there is 5,000 square feet of garage/storage. She noted that the site plan has a zoning box that states why 12 spaces were approved. Mr. Risom stated that the site plan indicates 8 required spaces with 12 spaces provided. Ms. Marsh stated that Ms. Brown should be able to tell the Commission whether the plan complies with parking. Ms. Brown stated that warehouses and wholesale businesses require one space for each 1.5 employees or one space for each 500 square feet of floor area, whichever
is greater. Mr. Risom noted that the site plan is dated 1989. Ms. Marsh questioned the amount of parking for 2,000 square feet of retail. Ms. Brown stated that a professional office requires one space for every 200 square feet of gross floor area. Ms. Marsh stated that Ms. Humble has 1,000 square feet, needing 5 parking spaces. She noted that there should be 5 more spaces for the upstairs. Ms. Brown stated that it is her understanding that the upstairs is used for storage also, not offices. Ms. Marsh stated that there is basically 6,000 square feet of storage. She noted that the plan requires 12 parking spaces for the storage and five for the office and there are only 12 spaces on the plan.
Ms. Marsh stated that the Zoning Commission has Regulations. Mr. Ames indicated that if some one moves into the upstairs there will be a problem. Ms. Marsh stated that the application is a change of use. She noted that because the other occupants of the building did not come for site plan approval does not excuse the Commission from properly reviewing this application. Ms. Marsh stated that it is the Zoning Commission’s job to review the plan and recalculate parking every time there is a change of use. Ms. Marsh stated that Ms. Brown should show the Commission whether or not this plan meets the parking requirements.
Ms. Marsh stated that if the Commission asks Ms. Brown to calculate the parking requirements, she believes Ms. Brown will come up with seventeen. Ms. Brown indicated that she has not done the calculations. Ms. Marsh stated that the plan does not have seventeen parking spaces. Ms. Brown stated that she does not know if the 5,000 square feet indicated as storage/garage is all used for storage. She noted that ordinarily one would not count garage area as floor area. Ms. Humble stated that Cote parks trucks in the garage at night. Ms. Brown stated that these could count as additional parking spaces. Ms. Marsh indicated that that is correct, but the Commission doesn’t have the proper information to calculate the parking. She indicated that Ms. Brown should have calculated
this and let the Commission know whether the plan complies with the change of use.
Ms. Marsh noted that the site plan shows a proposed gravel access drive going straight through to the next property. Ms. Brown stated that there has been a right to travel on the other lot to get to the rear of this property. She indicated that she does not know whether that easement will be maintained. Ms. Brown stated that it is only the lot line that is in the process of changing.
The Commission agreed on a conditional approval.
A motion was made by Jane Cable, seconded by Tom Risom and voted unanimously to approve the Site Plan Modification Application for dog and cat grooming salon and accessory retail store, change of use, Country Dog Grooming, 159 Boston Post Road, Jody Humble, applicant, with the condition that the ZEO confirm that the parking requirements and the use requirements are in compliance with the Zoning Regulations.
6. Approval of Minutes
A motion was made by Jane Cable, seconded by Tom Risom and voted to approve the minutes of the June 12, 2006 Regular Meeting and Public Hearing. Motion carried 4:0, with John Johnson abstaining.
7. Zoning Enforcement – Zoning Enforcement Report
The Commission reviewed the Enforcement Report. It was noted that the trial for 286 Shore Road is scheduled for July 18, 2006. Ms. Marsh stated that after Hallmark closes in the evening, they have Christmas type lighting that outlines the building. Ms. Marsh noted that the Fish Store has this also. She noted that the bait sign is still lit internally at the marina. Ms. Marsh stated that one notices these things late in the evening when the businesses are closed.
Mr. Johnson suggested charging the application for the second notice (OLCC), as the incorrect address was provided by them.
8. Regulation Rewrite – Set special meeting.
A Regulation Rewrite Meeting was set for Monday, July 24, 2006 at 7:00 p.m.
9. Correspondence
None.
10. New or Old Business
Ms. Marsh asked that the Commission members be sent the corrected Gateway Regulations.
11. Miscellaneous/Adjourn
A motion was made by Jane Cable, seconded by Tom Risom and voted unanimously to adjourn at 9:30 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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