APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF REGULAR MEETING
Monday, April 14, 2008
The Old Lyme Zoning Commission held a Public Hearing on Monday, April 14, 2008 at 7:30 p.m. at the Phoebe Griffin Noyes Library. Members present were Tom Risom (Chairman), Jane Cable (Vice Chairman), Jane Marsh (Secretary), Patrick Looney, Howard Tooker (Alternate) and Ted Kiritsis (Alternate). Also present was Ann Brown, Zoning Enforcement Officer.
1. Convene Meeting; announcement of voting alternates.
Chairman Risom called the Regular Meeting to order at 7:30 p.m. He noted that Mr. Kiritsis would be seated for John Johnson. He immediately recessed the Regular Meeting to conduct the Public Hearing. The Regular Meeting reconvened at 8:20 p.m.
2. Preliminary discussion/presentation on the High School Track Project.
John Rhodes, Director of Facilities of Lyme/Old Lyme Public Schools, explained that in January of this year the School District received a very generous donation of 1.1 million dollars to construct the High School Track. He stated that they have worked quickly and would like to make a short presentation about the project, relative to the Zoning Regulations. Mr. Rhodes indicated that they have done the same with the Wetlands Commission and will be submitting an application to them by the end of the week. He explained that their objective is to complete the project by Thanksgiving.
Dick Webb explained the site plan and noted the location of the existing track. He noted that the proposed track will be in the exact same location. Mr. Webb stated that there will be six full running distance lanes of 400 meters and two sprint or straight-away shoot lanes. He indicated that the track will be a synthetic surface traffic, a great improvement over the existing cinders which because of the condition cannot be used effectively. Mr. Webb stated that the field inside the track will stay natural grass but there will be an irrigation system and improved drainage on the field. He explained that the width will increase by about 20 feet. Mr. Webb stated that there is a shot-put area and a discus and javelin throw on the lawn area to the west of the existing track. He noted
that they will be including some additional fence at the limit of the parking lot behind the Center School to be able to selectively segregate the area when there is a throwing event during a track and field match. Mr. Webb noted that there is a 42” high black vinyl fence proposed around the track for the purpose of segregating spectators from participants, but also to protect the investment of the track and field.
Ms. Cable questioned whether the track surface would be permeable. Mr. Webb replied that there are different types of synthetic surfaces, some permeable and some not. He noted that even the permeable synthetic surfaces are placed on top of pavement which is impermeable. Mr. Webb stated that they will be factoring in an impermeable surface when designing the drainage system. Ms. Marsh questioned how long the synthetic surface would last. Mr. Webb replied that it will need to be resurfaced every six to eight or ten years. He noted that about every three cycles of this the bituminous needs to be replaced. Chairman Risom questioned whether there would be bleachers or stands as part of the project. Mr. Webb indicated that there are not. Chairman Risom questioned whether
there would be lighting. Mr. Webb replied that there are no lights at this time but they may be installing conduit for lighting in the future. He indicated that at this time they are working out the budget issues and trying to make the best effort to have a high-quality track surface. Mr. Rhodes stated that the conduit around the entire area of the track is currently in the budget.
Mr. Rhodes questioned whether the Commission would require a Public Hearing on this matter. Ms. Brown noted that the Commission has the option of considering this a modification to the Special Permit. Mr. Looney pointed out that the proposal is basically a reconstruction of the existing track. The Commission agreed that a Public Hearing was not necessary and this could be approved administratively with a Zoning Permit.
A motion was made by Pat Looney, seconded by Jane Marsh and voted unanimously that the High School Track Project be approved administratively by Ann Brown, considering it a modification of the existing permit.
A motion was made by Jane Cable, seconded by Jane Marsh and voted unanimously to amend the agenda to add the receipt of the Point ‘O Woods Sewer Project Application to the agenda.
3. Point ‘O Woods Sewer Project, receipt.
Ms. Brown stated that she has correspondence from Attorney Branse explaining discussions with the applicant’s attorney regarding what application needs to be made to the Zoning Commission. Ms. Marsh questioned how they could receive an application if they do not have one yet. Ms. Brown stated that they have applied for a Special Permit for the sewer and water project, specifically for the three pump stations which everyone agrees requires action by the Zoning Commission. Ms. Brown stated that there are other details that the lawyers are discussing. She noted that everything is on the plan.
Ms. Marsh stated that she would like to have the Commission’s own experts analyze the project and not rely on the DEP. She stated that they need to have it reviewed by some one qualified to evaluate the kind of impact that this project could have on coastal resources and Long Island Sound. Ms. Marsh stated that they need a separate, independent review by some one that can evaluate that type of thing. Mr. Risom stated that the project is State funded using Clean Water Funds. He stated that the Zoning Commission will not ever review any project that will have more impact on Old Lyme then this project.
The Commission discussed which aspects a professional should review for them. He noted that Mr. Metcalf certainly knows Health Code. He noted that this type of system is certainly within the scope of work done by Nathan Jacobsen Associates, who routinely does work for the WPCA. Ms. Brown indicated that she would speak to Mr. Metcalf and get his advice on a technical review. She stated that that the applicant is in a rush to get started.
A motion was made by Jane Marsh, seconded by Pat Looney and voted unanimously to request an ERT and to pursue other reviews as required.
A motion was made by Pat Looney, seconded by Jane Marsh and voted unanimously to receive the application and set the Public Hearing for June 9, 2008.
4. Special Exception Application to construct multi-family housing, 49 Hatchetts Hill Road, Hilltop Development, LLC, applicant.
Ms. Cable read the suggested specific requirements for approval. She noted that many were taken from Mr. Metcalf’s comments. Ms. Marsh suggested that the Easement document be sent to both the Commission’s attorney and the Open Space Committee for review.
A motion was made by Jane Cable, seconded by Jane Marsh and voted unanimously to approve the Special Exception Application to construct multi-family housing, 49 Hatchetts Hill Road, Hilltop Development, LLC, applicant, as follows:
Whereas, the Zoning Commission has received applications for Special Exception approval to construct multi-family housing, six sheets as prepared by Angus McDonald Gary Sharpe & Associates, Inc., Titled Site Development Plan Sedimentation and Erosion Control Plan prepared for Hilltop Development, Hatchetts Hill Road, Old Lyme, Connecticut, dated January 31, 2005, with revisions through March 4, 2008, and architectural plans by Barden Homes, three sheets, dated 9/30/04 with revisions through 5/11/05, and landscape plan, four sheets, by Design Professionals, Inc. dated 3/4/05;
Whereas, the Zoning Commission has held a duly noticed public hearing on January 28, 2008, February 13, 2008, March 10, 2008, and April 14, 2008, and the commission has had an opportunity to hear 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 section 21.1.2 (Schedule A-1) and section 32.6, 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:
1. Foundation drains invert elevations shall be added to the Site Development Plan;
2. Erosion control blanket shall be installed for the entire sight line cut slope proximal to the intersection and the storm drainage outfall slope
3. Bollards, boulders, or a short section of guide rail and end anchorage units to protect the southerly water supply well shall be installed;
4. The Vortechs structure shall be oriented with the long axis perpendicular to Hatchetts Hill Road with a side inlet entrance;
5. A maintenance schedule for the Vortechs structure shall be added to the Long Term Stormwater Maintenance notes on pages 5 and 6; this maintenance shall be the responsibility of the Homeowners’ Association;
6. Within 90 days of the date of endorsement of the approved plan, a completion bond, and a bond for erosion and sedimentation control structures, in amounts considered satisfactory to the Commission’s Engineer, and in a form considered satisfactory to the Commission’s attorney, shall be submitted to the Commission;
7. The following shall be included in the Public Offering Statement and in the Declaration for the Hatchett’s Hill, LLC development: The northern portion of the Residential Community is bordered on the east and west by properties presently zoned Light Industrial pursuant to the Old Lyme Zoning Regulations. The uses permitted on these properties are more particularly set forth in Section 22 of the Regulations entitled “Commercial and Industrial Districts”. As of July, 2005, the Light Industrial Zone Regulations limits the Total Floor Area
of buildings on a lot to 20% of the area of the lot. Also, buildings may not exceed 45 feet in height. The future development of these properties could result in the construction of Light Industrial buildings which might be visible from the Residential Community.
8. The name of the street shall be “Amon Hill Road”.
9. All dwelling units shall be limited to two bedrooms maximum.
10. The Open Space Easement shall be in favor of the Town of Old Lyme.
11. The easement language shall be recorded with the Special Exception, the language of which shall be approved by the Commission’s Counsel and the Open Space Committee.
12. Prior to issuance of a Certificate of Zoning Compliance, an As-Built plan must be submitted to verify that all improvements are in compliance with the approved plan.
13. Any outside lights must be full cutoff light fixtures.
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 for the applications for Special Exception approval to construct multi-family housing, six sheets as prepared by Angus McDonald Gary Sharpe & Associates, Inc., Titled Site Development Plan Sedimentation and Erosion Control Plan prepared for Hilltop Development, Hatchetts Hill Road, Old Lyme, Connecticut, dated January 31, 2005, with revisions through December 7, 2007, and architectural plans by Barden Homes, three sheets, dated 9/30/04 with revisions through 5/11/05, and landscape plan, four sheets, by Design Professionals, Inc. dated 3/4/05, with the modifications specified.
5. Special Exception/ Coastal Site Plan Application to construct a floating dock, landing, and ramp, 15 Tantummaheag Road, Mark Johnston, applicant.
Ms. Marsh read the proposed conditions of approval. Ms. Cable suggested that they add a condition that the applicant receive approval from DEP. Ms. Brown pointed out that they cannot build the dock without DEP approval. She noted that because the CAM Application was not required, she did not include it as part of the motion. Ms. Marsh suggested that they add the CAM approval.
A motion was made by Jane Marsh, seconded by Jane Cable and voted unanimously to grant the Special Exception/Coastal Site Plan Application to construct a floating dock, landing and ramp, 15 Tantummaheag Road, Mark Johnston, applicant, as follows:
Whereas, the Zoning Commission has received application for Special Exception approval to allow construction of a dock and walkway on property of Mark and Sarah Johnston at 15 Tantummaheag Road, Old Lyme, CT, one sheet titled, “Shorefront Modifications, Lord’s Cove, October 2007, Property of Mark Johnston, Old Lyme, Connecticut”, prepared by Docko, Inc., one sheet, and a plan titled, “New Pier, Float and Walkway”, dated February 11, 2008, prepared by Docko, Inc., one sheet; and plans dated 5/5/07 with revisions through 3/28/08 and 4/2/08, titled “New Pier and Float”, prepared by Docko, Inc. for Mark Johnson (4 sheets); and plans dated April 14, 2008, submitted on April 14, 2008.
Whereas, the Zoning Commission has held a duly noticed public hearing on March 10, 2008, and April 14, 2008, 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 Special Exception under the Old Lyme Zoning Regulations Section 7.4.7, and the proposed use meets the requirements of a Coastal Site Plan Review under section 35.2.1.c. of 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:
1. Sea planes shall not be docked at this location without the approval of the Old Lyme Zoning Commission.
2. “Premier” solar powered LCD light may be installed on the dock for safety.
3. Revise CAM application to address DEP comment regarding water-dependent use.
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:
a. to achieve safety, comfort and convenience;
b. to conserve as much of the natural terrain and provide for vegetation on the site to the extent practical;
c. to be in architectural harmony with the surrounding area;
d. to protect nearby residential and preservation areas;
e. 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, in particular that the proposed use, buildings or other structures and site development and CAM 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 Special Exception and Coastal Site Plan to allow construction of a dock and walkway on property of Mark and Sarah Johnston at 15 Tantummaheag Road, Old Lyme, CT, one sheet titled, “Shorefront Modifications, Lord’s Cove, October 2007, Property of Mark Johnston, Old Lyme, Connecticut”, prepared by Docko, Inc., one sheet, and a plan titled, “New Pier, Float and Walkway”, dated February 11, 2008, prepared by Docko, Inc., one sheet; and plans dated 5/5/07 with revisions through 3/28/08 and 4/2/08, titled “New Pier and Float”, prepared by Docko, Inc. for Mark Johnson (4 sheets), and plans dated April 14, 2008, dated this 14th day of April, 2008, with the modifications
specified.
6. Special Exception Application (SVVD) to add second floor office and ventilation system, 83 Hartford Avenue, Keith Grills, applicant.
Ms. Marsh read the draft motion of approval. She noted that the proposed conditions.
A motion was made by Jane Marsh, seconded by Jane Cable and voted unanimously to approval the Special Exception Application (SVVD) to add second floor office and ventilation system, 83 Hartford Avenue, Keith Grills, applicant, as follows:
Whereas, the Zoning Commission has received an application for Special Exception approval, Zoning Location Survey, Property of Company’s Coming, LLC, 83 Hartford Avenue, Old Lyme, Connecticut, one sheet prepared by Hendriks Associates, LLC, dated 1/7/08 with revisions through 1/30/08; and architectural plans dated 3/20/08 titled, “Vanderbrooke Bakers & Caters, Soundview Sugar Shack Restaurant”;
Whereas, the Zoning Commission has held a duly noticed public hearing on March 10, 2008 and April 14, 2008, and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and from the applicant; and
Whereas, the proposed use and modifications to the building are 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:
1. Any new lighting shall be full cut-off light fixtures.
2. This business continues to be a seasonal use.
3. Chimney will be a minimum of 40 inches above the roof line.
4. Mechanical equipment must be boxed/shielded from view.
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:
a. to achieve safety, comfort and convenience;
b. to conserve as much of the natural terrain and provide for vegetation on the site to the extent practical;
c. to be in architectural harmony with the surrounding area;
d. 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 Keith Grills for the Special Exception application for property at 83 Hartford Avenue, Old Lyme, CT, with the modifications specified, on this date, April 14, 2008.
7. Site Plan Modification Application to modify parking, 77 Lyme Street, Lyme Academy of Fine Arts, Inc., applicant.
Ms. Cable read the proposed motion, along with the proposed conditions. Mr. Kiritsis stated that Dr. Miller requested that the driveway remain in its existing location and not be moved. He noted that Mr. Hendriks noted that for safety reasons it is better to have two opposing driveways. Mr. Risom noted that a berm will take care of the headlights with either driveway location. He indicated that the original plan years ago showed the driveway in the proposed location. Ms. Cable stated that if permanent traffic control is used in the future, it will be easier when the driveways are opposite one another. Ms. Marsh noted that it is also safer for pedestrians.
Ms. Brown asked the Commission to clarify the use of the lot. Ms. Cable noted that Ms. Atwood-Johnson testified that it would be used up to six times a year for large Town or Academy events only. Ms. Brown stated that it may be used by the college routinely. Ms. Cable agreed, but noted that only for the thirty spaces for daily use. She noted that it is the field behind it that is the overflow for special events. Mr. Risom noted that there were signs shown on the site plan that indicated no parking beyond this point and those signs would be removed in the event of special events. Ms. Brown suggested that they make that more clear in the condition by noting “beyond the thirty spaces.”
Ms. Marsh stated that the berm should have plantings because it would be consistent with what was originally proposed and with the request of Dr. Miller. Mr. Looney stated that for both traffic and safety of pedestrians, it is better to have the driveways opposite one another. Mr. Risom agreed and noted that the problem already exists with the offset lot near I-95 and the entrance to the Academy. Mr. Tooker agreed and noted that the proposal is closer to the pedestrian crosswalk. He noted that the berm on Dr. Awwa’s side does not have plantings. Ms. Cable noted that Dr. Awwa is very far from the entrance. Mr. Tooker noted that he is only 35 feet from car parking. Ms. Cable indicated that Dr. Awwa did not come to the Commission and request plantings. Mr. Tooker
indicated that he wanted to make that point on the record. Mr. Risom suggested that the condition be that there be plantings on both berms. Ms. Cable stated that Dr. Awwa did not ask for plantings, possibly because he is already well screened.
A motion was made by Jane Cable, seconded by Pat Looney and voted to approve the Site Plan Modification Application to modify parking, 77 Lyme Street, Lyme Academy of Fine Arts, Inc., applicant, as follows:
Whereas, the Zoning Commission has received an application for Site Plan Modification to construct a new, 30 space parking lot at 77 Lyme Street, two sheets titles, “Site Plan , Map Depicting Proposed Overflow Parking Area, .
And, whereas, the Zoning Commission held a duly noticed public hearing on March 10, 2008, and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and the applicant; and
And, whereas, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with Commission’s requirements for the construction of the thirty (30) parking spaces on the east side of Lyme Street, with the following conditions:
1. The proposed lot at 77 Lyme Street is approved for parking to satisfy the requirement to construct a new parking lot for thirty (30) spaces;
2. This lot shall be used by college personnel and students only;
3. There shall be no use of the lot at 77 Lyme Street as a staging area for construction projects or for parking of construction equipment and/or supplies, unless and until permission for that use has been approved by the Zoning Commission;
4. Except for up to six (6) special events each year, such events to be sponsored by either the Lyme Academy College of Fine Arts or by the Town of Old Lyme, the property at 77 Lyme Street shall not be used for other event parking beyond the said 30 spaces;
5. The berm adjacent to the Miller property shall be planted with appropriate screening vegetation.
Now, therefore, be it resolved that the Old Lyme Zoning Commission grants approval of application for the modification of the Site Plan for property at 77, 82, and 84 Lyme Street, Old Lyme, CT, with the conditions specified, dated at Old Lyme, Connecticut this 14th day of April, 2008.
Motion carried 4:1, with Mr. Kiritsis voting against.
8. Coastal Site Plan Application to construct a dwelling, 11-1 Shore Acres Road, Robert and Kathleen DeRoehn, applicants. Receipt.
Ms. Brown stated that there are neighbors that are concerned about this project. The Commission agreed that a Public Hearing would be appropriate.
The Public Hearing for this application will be at the May 12, 2008 Regular Meeting.
9. Special Permit Application to demolish existing dwelling and construct new dwelling, 13 Rogers lake Trail, Kristin Lambert, applicant. Receipt.
Ms. Brown stated that in reviewing the regulations it’s been noted that there are many things that are different than what the Commission may have expected. She explained that under Section 9.1.4 which says that if something is being made a little less nonconforming, the Zoning Commission can issue a Special Permit. Ms. Brown stated that it is odd to let the Zoning Commission, in essence, to grant variances. She noted that this application appears to fit the new Regulation. Ms. Brown noted that Attorney Branse will be writing a memo to advise the Commission on this Regulation.
Ms. Brown indicated that Attorney Branse will has done the same for Section 9.1.3, which is the Special Permit section for the R-10 zone where one can apply for a special permit if everything is conforming. She indicated that that is not how the section came out being written. Ms. Brown explained that the regulation states that the Commission can grant a Special Permit for an addition on a nonconforming lot in the R-10 Zone, period. She indicated that there will be several applications forthcoming because of this. Ms. Brown distributed Attorney Branse’s memo concerning this matter.
Ms. Brown stated that she has additional questions regarding how the Regulations read today. She indicated that it is her belief that the Commission intended to eliminate any restrictions in the residential zones for having animals. She noted that the Regulations are clear that horses do not require a minimum lot size. Ms. Brown stated that the keeping of chickens did not come through quite so clearly.
The Public Hearing for this application will be at the May 12, 2008 Regular Meeting.
10. Zoning Enforcement.
a. Zoning Enforcement Report
b. Site Inspection Report
No reports
11. Approval of Minutes
A motion was made by Jane Cable, seconded by Pat Looney and voted unanimously to approve the Special Meeting and Public Hearing Minutes of January 28, 2008, the Regular Meeting and Public Hearing Minutes of February 13, 2008, and the Regular Meeting and Public Hearing Minutes of March 10, 2008.
12. Any new or old business
None.
13. Correspondence
None.
14. Miscellaneous/Adjourn
A motion was made by John Johnson, seconded by Patrick Looney and voted unanimously to adjourn at 10:39 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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