OLD LYME ZONING COMMISSION
PUBLIC HEARING
Monday, December 14, 2009
The Old Lyme Zoning Commission held a Public Hearing on Monday, December 14, 2009, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were Tom Risom, Chairman, Jane Marsh, Secretary, Jane Cable, Vice Chairman, Patrick Looney, Beth Sullivan (alternate), and Ted Kiritsis (alternate, seated). Also present was Ann Brown, Zoning Enforcement Officer.
Chairman Risom called the Public Hearing to order at 7:35 p.m.
Jane Marsh read the Legal Ad for all the Public Hearings as published in the New London Day on Tuesday, December 1 and Tuesday, December 8, 2009.
1. Special Permit/Coastal Site Plan Review to permit demolition of existing house and construction of a new house (total footprint 4,512 s.f.) in approximately the same location on property located at 31 Smith Neck Road, Peter A. and Katherine R. Griswold, applicants.
Ms. Marsh read the Exhibit List for the record.
Jim Pretti, PE, was present to represent the applicants. He explained that the property is approximately 3 acres, located on the west side of Smith Neck Road. He noted that the property gently slopes down toward the water. Mr. Pretti explained the site plan to the Commission, noting both the proposed and existing location of the home. He stated that the proposal includes removing the existing house and constructing a new home in basically the same location. Mr. Pretti noted that they will be installing a code compliant septic system.
Mr. Pretti stated that comments from Ann Brown and Tom Metcalf were mostly minor in nature and have all been addressed. He indicated that they are only planning to remove one large existing tree and a few smaller ones will be relocated. He indicated that the first floor will be a few inches higher than the existing first floor elevation which has created an issue with height. Mr. Pretti noted that the height comes in under 35 feet if they can consider the new grade in the calculations. He submitted photographs of the proposed house which has been constructed for a different client. These photographs were marked as an Exhibit.
Ms. Cable questioned the square footage of the existing home. Mr. Pretti replied that the existing first floor area is 2,000 square feet. Ms. Cable questioned if there is a half-story above it. Mr. Pretti indicated that he was not exactly sure of the second floor square footage.
Mr. Kiritsis questioned whether they would be using the existing well. Mr. Pretti stated that there will be a new well installed, but the existing well will be retained for irrigation purposes.
Chairman Risom noted that the total height is measured from the existing grade in the Gateway Zone, not the proposed grade. He questioned the elevation difference from the front of the house to the rear. Mr. Pretti stated that the front is at elevation 26.5 and the rear is at approximately elevation 21. He noted that the grade change is roughly 5 feet or so. He indicated that the height calculations indicate that the house is 37. Chairman Risom pointed out that if they could not meet the 35 height requirement they would need to get a variance. Ms. Cable noted that the Gateway letter questions why they were not able to meet the height requirement of 35 feet and asked the applicant to address this. Mr. Pretti stated that he cannot speak for the architect but he believes the
homeowner chose the house and they wanted to come before the Commission before they tried to alter the roof line.
Ms. Brown pointed out that the Commission could issue a Special Permit even though the height of the house exceeds the 35 requirement. Ms. Cable stated that she, like the Gateway Commission, questions why the house could not be designed to meet the requirements. She stated that Subsection E is for severely sloping properties where there is a real penalty for using the undisturbed grade.
Ms. Griswold explained that it was midway through the design process that they learned of the height calculations. She indicated that the area of the lot where they chose to put the house is not the flattest part of the lot, but they chose this part of the lot for a variety reasons. Ms. Griswold indicated that the house location was chosen so as to not disturb the neighbors views and privacy and also to because fewer trees would have to be remove.
Chairman Risom indicated that the Gateway Commission does not meet again until January. He indicated that there appears to be ways for the applicant to comply with the height requirement. Chairman Risom stated that the Commission could keep the hearing open to give the applicant time to reevaluate their proposal and perhaps making some changes to the plans. Ms. Brown stated that Torrence Downes stated in his letter that he would like to poll the Gateway Commission as to their opinion of the situation, as that Commission does not meet again until the end of January. She too suggested that the Public Hearing be continued to January.
No one present spoke in favor of or against the application.
Mr. Pretti stated that the height is the only outstanding issue and indicated that he would like to keep the hearing open until after they hear back from Gateway.
A motion was made by Jane Marsh, seconded by Pat Looney and voted unanimously to continue the Public Hearing for the Special Permit/Coastal Site Plan Review to permit demolition of existing house and construction of a new house (total footprint 4,512 s.f.) in approximately the same location on property located at 31 Smith Neck Road, Peter A. and Katherine R. Griswold, applicants, to January 11, 2010.
2. Special Permit Application to obtain a liquor permit for the sale of beer only at 389 Shore Road (Dairy Mart), Sara Khan, applicant.
Ms. Marsh read the Exhibit List for the record. Chairman Risom noted that the hearing was not properly noticed and indicated that they would not be conducting the Public Hearing this evening.
A motion was made by Jane Cable, seconded by Pat Looney and voted unanimously to continue the Public Hearing for the Special Permit Application to obtain a Liquor Permit for the sale of beer at 389 Shore Road, Sara Khan, applicant, to January 11, 2010.
3. Special Permit Application to permit a 24 hour Snap Fitness studio on property located at 90 Halls Road, Unit 1, Snap Fitness 24-7, applicant.
Ms. Marsh read the Exhibit List for the record. Chairman Risom noted that the Legal Notice was read.
Rob Miller was present to explain the application. He gave a floor plan and a sign rendering for the record. He noted that there are usually 300 to 500 members depending on the size of the Town. He explained that the facility is open 24 hours per day. Mr. Miller stated that there is 24 hour security surveillance. He noted that the facility is staffed during normal business hours. He explained that he owns five facilities in Pennsylvania and feels that they have made positive impacts on the communities where they are located.
Ms. Brown questioned whether the parking lot is lit 24 hours a day. Mr. Miller stated that he was just there and it was well lit. Chairman Risom stated that the parking lot is lit overnight. He noted that there will not be shower facilities. Mr. Miller stated that he would like to open mid to late January and is hoping that the Commission could make a decision this evening.
No one present spoke in favor of or against the application.
A motion was made by Jane Cable, seconded by Pat Looney and voted unanimously to close the Public Hearing for the Special Permit Application to permit a 24 hour Snap Fitness studio on property located at 90 Halls Road, Unit 1, Snap Fitness 24-7, applicant.
Chairman Risom adjourned the Public Hearing at 8:15 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, December 14, 2009
The Old Lyme Zoning Commission held a Regular Meeting on Monday, December 14, 2009, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were Tom Risom, Chairman, Jane Marsh, Secretary, Jane Cable, Vice Chairman, Patrick Looney, Beth Sullivan (alternate) and Ted Kiritsis (alternate, seated). Also present was Ann Brown, Zoning Enforcement Officer.
Chairman Risom called the meeting to order at 7:34 p.m. Chairman Risom noted that Mr. Kiritsis would be seated this evening in the absence of John Johnson. He immediately recessed the Regular Meeting to conduct the Public Hearing.
1. Special Permit/Coastal Site Plan Review to permit demolition of existing house and construction of a new house (total footprint 4,512 s.f.) in approximately the same location on property located at 31 Smiths Neck Road, Peter A. and Katherine R. Griswold, applicants.
No action taken. The Public Hearing for this item is continued to January 11, 2009.
2. Special Permit Application to obtain a liquor permit for the sale of beer only at 389 Shore Road (Dairy Mart), Sara Khan, applicant.
No action taken. The Public Hearing for this item is continued to January 11, 2009.
3. Special Permit Application to permit a 24 hour Snap Fitness studio on property located at 90 Halls Road, Unit 1, Snap Fitness 24-7, applicant.
A motion was made by Jane Cable, seconded by Pat Looney and voted unanimously to approve the Special Permit Application to permit a 24 Hour Snap Fitness studio on property located at 90 Halls Road (Shopping Center Complex, Unit known as Space #17) as follows:
Whereas, the Zoning Commission has received an application for Special Permit approval, dated November 5, 2009 with accompanying ALTA/ACSM Land Title Survey prepared for Old Lyme Stores Limited Partnership, 90 Halls Road, Old Lyme, CT dated July 15, 2009 (Space #17).
Whereas, the Zoning Commission has held a duly noticed public hearing on December 14, 2009, and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and from the applicant; and
Whereas, the proposed activity (24 Hour Fitness Center) is permitted by Special Permit under the Old Lyme Zoning Regulations Section 9. The Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13A, 13B and Section 9 of the Regulations with the following conditions:
1. In accordance with a letter dated December 8, 2009 from Ron Rose the Towns Sanitarian stating no showers will be allowed, restrooms only.
2. Construction drawings will be submitted to the Fire Marshal for review and approval.
3. The signage is to comply with the Old Lyme Zoning Regulations and Landlord requirements for the shopping complex.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of the Zoning Regulations, 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 protect nearby residential and preservation areas;
to be in architectural harmony with the surrounding area; and
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 for a Special Permit to permit a 24 Hour Snap Fitness Studio at 90 Halls Road, Old Lyme, CT, with the conditions specified.
4. Release of Bonds - Letter received November 17, 2009 from Philip Neaton, Superintendent, Black Hall Club requesting release of the erosion and sedimentation bond in the amount of $3,200 and the landscaping bond in the amount of $2,400.
A motion was made by Jane Marsh, seconded by Pat Looney and voted unanimously to release the two bonds, the soil and erosion bond in the amount of $3,200 and the landscaping bond in the amount of $2,400.
5. Special Permit/Coastal Site Plan Application to permit the drying and temporary storage of dredging material on property located at 2-4 Bank Road, Robert Asselin, applicant. Receive application and set Public Hearing.
A motion was made by Tom Risom, seconded by Ted Kiritsis and voted unanimously to receive the Special Permit/Coastal Site Plan Application to permit the drying and temporary storage of dredging material on property located at 2-4 Bank Road, Robert Asselin, applicant, and to set the Public Hearing for the January 11, 2010 Regular Meeting.
6. Special Permit/Coastal Site Plan Application to reclassify the property known as 48-54 Hartford Avenue to Year Round Use, 48-54 Hartford Avenue, LLC.
No application was received by the Land Use Office prior to the close of business on the day of the meeting (December 14, 2009) therefore, no action was taken and no public hearing set.
7. Coastal Site Plan Review to permit construction of a new stair and terrace on waterside of home while renovating existing structure on property located at 10 West End Drive, Carlos & Melissa Santos, applicants.
The Public Hearing for this item is scheduled for the January 11, 2009 Regular Meeting.
8. Approval of Minutes of the Public Hearing and Regular Meeting of November 9, 2009.
A motion was made by Pat Looney, seconded by Jane Marsh and voted unanimously to approve the minutes of the November 9, 2009 Regular Meeting and Public Hearing as submitted.
9. Any new or old business
Mr. Kiritsis stated that the GIS project has stalled. He noted that $3,000.00 more is needed and he was hoping that all the Commissions could put a little bit of money in their budgets to get the project finished. Ms. Cable noted that it would be great. Ms. Brown stated that the $3,000.00 needed is just to get the parcels up to date and then additional money is needed to get it to work and get it online. Chairman Risom stated that the WPCA Attorney was very surprised that the Town did not have better maps. Chairman Risom suggested that the Zoning Commission send a letter to the First Selectman endorsing the GIS and asking that the project be completed. Mr. Looney agreed that GIS is a great tool.
Discussion regarding whether or not a fee should be charged for submitting the Registry Form.
A motion was made by Jane Marsh, seconded by Jane Cable and voted to charge NO Fee for the Registry Form if it is timely filed. Motion passed 4:0:1, with Mr. Risom abstaining.
A Special Meeting is tentatively scheduled for Monday, January 25, 2010 to discuss low impact development. Ann Brown, the Zoning Enforcement Officer is to coordinate between the Planning Commission, Open Space Commission and Public Works.
Election of Officers
A motion was made by Pat Looney, seconded by Jane Marsh and voted unanimously to nominate the following slate of officers: Jane Cable as Chairman, Tom Risom as Vice Chairman and Jane Marsh as Secretary.
A motion was made by Pat Looney, seconded by Jane Marsh and voted unanimously to elect the following slate of officers: Jane Cable as Chairman, Tom Risom as Vice Chairman and Jane Marsh as Secretary.
Jane Marsh proposed a resolution to thank Tom Risom for his dedicated service as the Chairman and for the major sacrifices he made being the Chairman. The Resolution was seconded by Jane Cable and voted unanimously.
10. Correspondence
None.
11. Zoning Enforcement
a. Zoning Enforcement Report
No report.
b. Site Inspection Report
No report.
12. Miscellaneous/Adjourn
The Meeting adjourned at 9:11 p.m. on a motion by Jane Marsh; seconded by Pat Looney and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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