APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, September 11, 2006
The Old Lyme Zoning Commission held a Regular Meeting on Monday, September 11, 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 Brian Kyle (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 9:02 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.
Chairman Kiritsis noted that Mr. Risom would not be voting on this item. Ms. Marsh read the proposed draft motion for approval. The Commission felt that a traffic study would not be necessary. They also agreed that a wooden guard rail would be appropriate approximately 80 feet along McCurdy. Ms. Cable indicated that she does not feel it is appropriate to keep the lights on the paddle tennis courts until 10:00 p.m. in the evening. Mr. Risom disagreed.
Mr. Johnson stated that he would like to see 6 to 8 foot trees required near the courts. After further discussion Ms. Marsh read the proposed motion. The Commission discussed bonds and agreed that an erosion and sedimentation control bond and a completion bond both be set in an amount to be determined by Tom Metcalf.
A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to approve the Site Plan/Special Exception/Coastal Site Plan Application to construct two elevated paddle tennis courts, a 24’ x 24’ maintenance shed/warming hut and a gravel parking area, 35 McCurdy Road, Old Lyme Country Club, applicant, as follows:
Whereas, the Zoning Commission has received applications for Site Plan, Coastal Site Plan, and Special Exception approvals, one sheet titled, “Phase I, Site Development Plan Showing Improvements, prepared for Old Lyme Country Club, Inc., McCurdy Road, Old Lyme, Connecticut”, as prepared by Angus McDonald/Gary Sharpe & Associates, Inc., dated January 11, 2006 with revisions through September 7, 2006, a plan titled, “Paddle Tennis Courts, Landscape Plan”, one sheet, prepared by Sarah W. McCracken, Landscape Architect, dated July 10, 2006 and proposed warming hut, Exhibit T;
Whereas, the Zoning Commission has held a duly noticed public hearing on July 10, 2006 and August 14, 2006, and September 11, 2006, and the commission has heard testimony from both citizens of Old Lyme and the applicant; and
Whereas, the proposed use is permitted by 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 modifications required to be added to the final plan:
Applicant will grant a drainage easement to other property of the Club to drain across McCurdy Road and through this property. Commission counsel to approve the easement.
Wooden guard rail to be installed 80 feet in both directions, north and south from the driveway entrance, approximately four feet from edge of pavement.
Lighting as depicted on Exhibits Y and Z, angled no more than 25 degree tilt on the paddle tennis courts. Lighting allowed between the hours of 8:00 a.m. and 10:00 p.m.
All pine trees to the west of paddle court shall be a minimum of 8 feet in height.
The applicant shall submit an Erosion and Sedimentation Control Bond, within 90 days of approval of this plan, in an amount which is approved by the Town’s engineer for installation and maintenance of erosion and sedimentation structures.
The applicant shall submit a Site Restoration Bond within 90 days of approval of this plan in an amount which is approved by the Town’s engineer, for restoration of the site should the project not be completed.
Prior to any site construction which involves site clearing, the applicant and/or his contractor shall contact the Town to arrange a site inspection to review the project scheduling and to arrange for any inspections deemed necessary.
The applicant’s design engineer shall inspect the storm drainage installation and provide the Town with acknowledgement of compliance with the design plans.
Five sets of the approved plan must be submitted to the Town for its use.
Prior to issuance of a Certificate of Zoning Compliance, an As-Built plan must be submitted to the Town to verify compliance with the approved 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;
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 has deliberated and considered the evidence presented at the hearing as well as the input of its staff and professional consultants; and
Whereas, although the Zoning Commission has received comments from the Office of Long Island Sound Programs of the Department of Environmental Protection, after submitting the application materials to them for review, the Commission determines that the application and plans as they will be revised are consistent with the goals and policies of the Coastal Management Act;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to the Old Lyme Country Club, Inc. of 40 McCurdy Road, for the Site Plan, Coastal Site Plan, and Special Exception applications for property at 35 McCurdy Road, Old Lyme, CT, with the modifications specified.
(Motion carried 4:0, with Chairman Kiritsis, Jane Marsh, Jane Cable and John Johnson voting).
3. Special Exception Application/Site Plan Modification Application to construct a 40’ x 60’ building to house dewatering equipment, 1 Gouvna Hill Road, The Gouvna Group LLC, applicant. Receipt.
The Public Hearing for this item has been continued to the October Regular Meeting.
4. Kellogg Marine – Discussion on building addition.
Attorney John Bennett was present representing Kellogg Marine and Mario DiLoretto was present representing the property owner, Eastport West. Attorney Bennett stated that Mr. DiLoretto had preliminary discussions regarding this matter with Ms. Brown, as they planned to apply for a building permit to complete the building as set forth on the original Special Exception approved in 2001. He noted that Ms. Brown had several issues which they would like addressed by the Commission.
Attorney Bennett stated that they plan to finish the building as approved in 2001. Ms. Brown stated that the site plan approved in 2001 showed a location for a proposed addition. She stated that she believes the approval for that addition expired and she issued a memo to the applicant explaining her reasoning. Ms. Brown stated that she believes the applicant needs to come back to the Commission for approval.
Attorney Bennett stated that he disagrees with Ms. Brown for several reasons. He noted that the Statement of Use that was filed indicates that it will take five years to finish the work associated with the approval, which was the proposal right along. He noted that a time limit was not put into the approval. Chairman Kiritsis noted that that is because it is in the regulations. Attorney Bennett stated that the conditions contained in the Special Exception Permit were done. He stated that the Special Exception deals with the use, not the building. He noted that a Special Exception was required because the property is located in the Water Resource District. Attorney Bennett stated that any issues in this regard were taken care of at the time for the entire lot. He noted that
Ms. Brown mentioned in her letter the requirement that the improvements, including the building, be completed within 18 months. Attorney Bennett stated that the regulation states that the statutory 18 month period for the completion of all physical improvements expires on, date to be filled in. He pointed out that this is a regulatory requirement and all physical improvements were completed. Attorney Bennett stated that the use was established promptly and the work required by the Special Permit, 32.9.5, was done within 18 months. He stated that work is defined as “for purposes of this paragraph, means all physical improvements required under the Special Exception.” He noted that the building was not required under the Special Exception; the Special Exception required the parking, the septic system, the berm, the trees, the drainage, etc., and that was all done.
Attorney Bennett stated again that the building was not by Special Exception, the use was. Attorney Bennett stated that it was the septic that required the Special Exception. Ms. Brown pointed out that it was also the clearing of more than 30 percent of the lot. He noted that the septic system was installed and the property was cleared. He indicated that now that Kellogg Marine has prospered, it needs to expand, as was the original plan. Attorney Bennett reiterated that the items that required the Special Exception have been completed.
Attorney Bennett stated that he does not believe it matters that they have gone beyond the five years for the Site Plan. He noted that the Commission approved the Site Plan as part of the Special Exception.
Ms. Marsh indicated that she remembers there being an issue with the end wall of the new addition. Attorney Bennett stated that sound deadening material for the end wall is a condition of the original approval. Ms. Cable indicated that if the use has to be established within 18 months, then the work should be completed within five years. Ms. Marsh stated that that determination would be in direct conflict with what was approved.
The Commission agreed that the extension of the building was part of the original project and the time limits to do the work have not expired.
Ms. Brown questioned the outside storage and parking of tractor trailers. Attorney DiLoretto stated that Kellogg Marine, which was a family run business for 35 years, has been bought out by a large chain. He indicated that they do not agree with everything that is going on at the site and the condition of the property. Attorney DiLoretto stated that they have discussed it and the issues will be cleared up when the building expansion project is complete. He indicated that they may also, in the future, apply for an outside storage area on the north side of the building which would put it away from the side toward the neighborhood. Ms. Brown stated that she has received a complaint that now that the hot weather is over and the windows are open, noise can be heard throughout the evening.
Ms. Brown asked if forklifts were being run outside at night to access the things stored outside. Attorney DiLoretto stated that the only thing going on during the night is the box trucks leaving. Ms. Brown asked for guidance from the Commission on enforcement of the outside storage and the box trailers used for storage. She noted that the end of Machnik Drive is covered with box trailers. Chairman Kiritsis stated that he has brought this issue up in the past. Mr. Risom suggested writing Todd Machnik a letter regarding the box trailers parked. Ms. Brown stated that she would send a notice to both the owner and Kellogg Marine.
5. Zoning Enforcement – Zoning Enforcement Report
The Commission reviewed the Zoning Enforcement Report. Ms. Marsh questioned whether Ms. Brown got the comments regarding the project status report the Commission requested. Ms. Brown stated that she did not get minutes yet. Ms. Brown stated that Ms. Bartlett gave her some information about the new report. Ms. Marsh read the August 14, 2006 minutes with regard to the requested project status report.
Ms. Brown stated that the hotdog vendor has vacated the gas station site on Halls Road, unrelated to the enforcement.
Ms. Brown stated that there is a class she would like to take at the end of September sponsored by the New England Members of the American Planning Association. She indicated that she has registered and paid and would like the Town to pay and allow her the time off without using her personal time. She noted that her title is not Planner. Chairman Kiritsis expressed concern over her workload. The Commission members agreed to reimburse Ms. Brown for this class.
6. Regulation Rewrite Meeting
A Regulation Rewrite Meeting is scheduled for Monday, September 25, 2006. Ms. Cable indicated that she would not be able to attend this meeting and would appreciate if the review of the Gateway Regulations could be scheduled for October with Ms. Krause. Ms. Brown indicated that she would contact Linda Krause and reschedule for the October Regular Meeting.
7. Correspondence
Ms. Brown stated that Docko sent a recommendation that parking requirements for marinas should only require ½ a space per slip. She indicated that she forwarded this information to Attorney Branse for consideration.
Chairman Kiritsis asked Ms. Brown if she contacted Attorney Branse regarding his request for a regulation that would require open space in a multi-family zone. Ms. Brown stated that Attorney Branse indicated that he will do this right away for both the current regulations and the regulation rewrite.
8. New or Old Business
None.
9. Miscellaneous/Adjourn
A motion was made by Tom Risom, seconded by John Johnson and voted unanimously to adjourn at 9:45 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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