APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, December 11, 2006
The Old Lyme Zoning Commission held a Regular Meeting on Monday, December 11, 2006 at 7:30 p.m. in the Auditorium of Memorial Town Hall. Members present were Ted Kiritsis (Chairman), Jane Marsh (Secretary), Jane Cable, John Johnson, Howard Tooker (Alternate) and Steve 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 7:30 p.m. He immediately recessed the Regular Meeting to conduct the Public Hearing. The Regular Meeting reconvened at 7:51 p.m.
2. Election of Officers.
Mr. Tooker nominated Ted Kiritsis for Chairman; Ms. Cable seconded. Ms. Cable moved that the nominations for chairman be closed; Mr. Johnson seconded. Ms. Cable suspended her motion.
A motion was made by John Johnson, seconded by Jane Cable and voted unanimously to keep the current Commission Officers for another year.
3. Special Exception Application to erect a wall, 123 Boston Post Road, Michel Gosselin, applicant.
Ms. Cable noted that the applicant has met all the criteria in the Regulations; safety, privacy, traffic volume and noise.
A motion was made by Jane Marsh, seconded by Jane Cable and voted unanimously to approve the Special Exception Application to erect a wall, 123 Boston Post Road, Michel Gosselin.
4. Petition to amend the Old Lyme Zoning Regulations, Proposed new Section 7.4.3.1, Lot Adjacent to a Limited Access Highway, Gary Yuknat, applicant.
The Public Hearing for this item has been continued to the January 8, 2007 Regular Meeting.
5. Petition to amend the Old Lyme Zoning Regulations, Sections 32.6.9, 32.6.10, 32.2.8, 36.10.2 and 36.14, Open Space, Old Lyme Zoning Commission, applicant.
The Public Hearing for this item has been continued to the January 8, 2007 Regular Meeting.
6. Old Lyme Country Club, request for 90-day extension to file easements, record plan and post bond.
Ms. Marsh read a letter from Gary Sharpe, Engineer, requesting a 90-day extension to file easements, record plan and post bond and also updating the Commission on work completed.
Ms. Brown noted that the information in the letter is accurate. She noted that Mr. Metcalf has figured the bond and the Country Club is waiting for easement language.
A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to grant a 90-day extension for the Old Lyme Country Club to file easements, record plan and post bond.
7. Special Exception/Coastal Site Plan Application, Town Hall Expansion Project, 52 Lyme Street, Town of Old Lyme, applicant. Receipt.
First Selectman Tim Griswold explained that the Town has been working on the Town Hall Expansion since April of this year. He noted that the Town has acquired the Speirs property, 50 Lyme Street, and have combined the two parcels. Mr. Griswold stated that ultimately the structure to the south will be removed. He explained that there will be an addition on the south side of the existing Town Hall which will contain the meeting hall and a lobby connector to the existing building. Mr. Griswold stated that the parking area will be reoriented to be nearer to the property line which will provide up to 38 parking spaces behind the building. He noted that this includes handicap spots for easy access to the lobby area and elevator.
Mr. Griswold stated that they have traded some property with Speirs Plumbing, along with obtaining slope rights of 5 feet. He noted that there will be various plantings to mask the parking. Chairman Kiritsis questioned how the one way entrance and exits will be controlled. Mr. Griswold stated that they will have a sign that is more permanent then the previous wooden sign.
Mr. Johnson questioned the drainage from the parking lot. Mr. Webster (Civil Engineering Firm) stated that there is a tidal wetland in the rear of the property where the existing drainage currently discharges to. He noted that they propose to install two new catch basins with storm-ceptor treatment systems. Mr. Webster stated that because of the location of the wetlands, septic system, and the fact that the ground water is relatively high, there is no place to infiltrate. He noted that for this reason they will detain storm water. Mr. Webster stated that they will be providing storm water treatment. He noted that the pipe is 36”.
Ms. Brown stated that the project will be going before the Zoning Board of Appeals on December 12, 2006 for the required variances.
Mr. Johnson questioned the total square footage of the project. Mr. Griswold stated that the core building is 11,800 square feet and they are adding approximately 3,500 square feet.
Ms. Brown noted that the Special Exception is for coverage and possibly for the septic discharge. Mr. Webster stated that the existing septic system has not changed. Ms. Brown stated that it would depend upon how large it is. She stated that the regulation is cited on the application and noted that she does not know how much the discharge is. Ms. Brown stated that the Coastal Site Plan is required because of the location of the property.
Mr. Griswold stated that the original plan included the School, which would have increased the number of employees. He noted that since the School has declined this offer, there will be the same number of employees and visitors; just a larger building. Mr. Griswold stated that Mr. Rose reported that the current system is working quite well and will not be upgraded or changed unless there is a problem in the future.
Mr. Griswold stated that the Town would like to begin construction in April, 2007. He noted that they are anticipating a referendum to vote on the project on the 30th of January.
A motion was made by John Johnson, seconded by Jane Cable and voted unanimously to schedule the Public hearing for the Special Exception/Coastal Site Plan Application, Town Hall Expansion Project, 52 Lyme Street, Town of Old Lyme, applicant, for the January 8, 2007 Regular Meeting.
8. Approval of 2007 Meeting Schedule.
A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to approve the 2007 Meeting Schedule.
9. Affordable Housing Ordinance - discussion
Ms. Brown noted that the Commission Members have received the information regarding this ordinance in their packets. Les Reynolds, Executive Director of Old Lyme Affordable Housing, stated that he prepared a packet to distribute, one of which is a letter they sent to Essex Savings which describes their current situation and the second is an open letter they are sending to various people that may be possible donors of land or people that know about land use.
Mr. Reynolds read a statement he prepared in response to Attorney Branse’s letter. He noted that Attorney Branse made many good suggestions on how to carry out such an ordinance. Mr. Reynolds suggested that the Town of Lyme be consulted regarding the issues they deemed crucial prior to their November Town Meeting where they approved a similar ordinance. He noted that the State of Connecticut made the goal of 10 percent affordable housing in cities and towns for the benefits of having all economic levels living and working together. Mr. Reynolds stated that many people want Old Lyme to realize these benefits and toward that end they are encouraging the establishment of a Town Commission or Board charged with carrying-out and overseeing the property development of affordable housing in the Town.
Mr. Reynolds explained that they met with the Board of Selectmen in September. He noted that the State has enabled Towns to pass an Ordinance that would give a free split for affordable housing.
Ms. Marsh stated that the Lyme voted to grant the Lyme Planning and Zoning Commission the authority to amend their regulations if they choose. She pointed out that it has not actually happened yet. Mr. Reynolds stated that he is ignorant on the workings of local government and he did not understand her interpretation. He noted that the attorney pointed out that it is not necessary to have it that way; that it could be done at Town Meeting. Ms. Marsh stated that the Town of Lyme chose to have the Commission act upon it.
Ms. Marsh stated that the Town of Old Lyme has a requirement, even on free splits, that a plan must be submitted to the Planning Commission. She indicated that she is not convinced that this ordinance would be of any assistance whatsoever to anyone. Ms. Marsh questioned the reasoning for allowing free splits for affordable housing. Mr. Reynolds stated that it is to allow a land donor to donate land for affordable housing and not restrict further use of their land. He noted that this is the primary motivation. Ms. Cable stated that no subdivision of land should restrict the remaining land. Mr. Reynolds stated that currently property that has not been changed since 1958 would get a free split and the affordable housing split would not count as a free split. Mr. Reynolds stated that
the ordinance would add to the motivation of the land owner to do something for the Town.
Ms. Marsh stated that in other Towns free splits are really free splits, no one needs to be contacted. She stated that when the Town of Old Lyme imposed a Regulation on the free split, things changed. She noted that time and the expenses are incurred in every division of land in Old Lyme. Ms. Marsh stated that in some Towns it might make a difference, but not in Old Lyme. Ms. Marsh noted that there could be potential problems if there is no oversight as to how a split is done. She noted that she is not against what Mr. Reynolds is trying to accomplish, she just does not feel that the ordinance is the way to get it done. Ms. Marsh noted that the current system is not a roadblock to what he would like to accomplish. She noted that giving up a free split is not the obstacle to people
giving land for affordable housing.
Mr. Reynolds stated that Mr. Griswold indicated that the Planning Commission had a favorable response to the idea and he did not expect this reaction from the Zoning Commission. He thanked the Commission for their time.
10. Bond Release – 147 Boston Post Road
Ms. Brown stated that Jim Graybill, Tire Country, has requested that his bond be released. She noted that as far as she is concerned, he has met all the conditions of the approval. Ms. Brown stated that Lee Rowley, engineer, submitted a letter detailing the construction of the drainage system. She explained that Tom Metcalf has responded to Mr. Rowley’s letter requesting some additional information.
A motion was made by Jane Cable, seconded by Jane Marsh and voted unanimously to release the bond for 147 Boston Post Road, James Graybill, after all engineering issues are properly addressed to the satisfaction of Tom Metcalf.
11. Zoning Enforcement
The Commission members reviewed the enforcement report.
Ms. Brown noted that there has been a partial decision in the Tolchinsky case. She noted that the judge has indicated that the Town acted correctly in each step and that what has been constructed does not comply with the approvals. Ms. Brown stated that Mr. Tolchinsky has submitted drawings so that the Commission can determine if they feel it will meet the original approval.
Ms. Brown noted that the Boggy Hole Road (Sanders) enforcement is not on the report. She explained that she sent a Cease and Desist Order based on aerial photographs given to her. Ms. Brown stated that Ron Rose also sent a Cease and Desist. She explained that the property owner responded today indicating that he believes he has permits for all the ongoing work. Ms. Brown stated that the construction on the site does not comply with any permits that are in the Town’s files. She noted that she and Mr. Rose will attempt to inspect the site together.
Mr. Kiritsis stated that there is a 6’ wrought iron fence at 28 Neck Road. Ms. Brown stated that she will send a notice of violation.
Ms. Brown showed the Commission Members Mr. Tolchinsky’s elevation drawings. She noted that the question is does it comply with the approvals granted. Ms. Brown stated that there are little differences, but she believes it meets the intent of the approvals. She noted that before anything can be officially agreed to Mr. Tolchinsky will have to provide professional drawings with dimensions on them.
Ms. Brown stated that the proposal is to jack the building up, cut three feet of the bottom, and put the building back down and then add the peaked roof. She noted that Mr. Tolchinsky wants ceiling height in the second floor to have a more practical storage area there. Ms. Brown stated Mr. Tolchinsky will guarantee that the height at the peak will be limited to 30 feet. Ms. Brown stated that the side wall will be 19’ rather than the 18’ approved.
Ms. Brown stated that she will ask Mr. Tolchinsky for professional, detailed drawings.
12. Approval of Minutes
No action taken.
13. Regulation Rewrite
A regulation rewrite meeting was set for Monday, January 29, 2006 at 7:00 p.m.
14. Correspondence
Chairman Kiritsis stated that he gave Ms. Marsh a package regarding open space. He noted that after she reviews the package she will pass it along to the other Commission Members.
15. New or Old Business
Chairman Kiritsis stated that he would not be present at the January Regular Meeting.
16. Miscellaneous/Adjourn
A motion was made by John Johnson, seconded by Steve Ames and voted unanimously to adjourn at 9:03 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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