OLD LYME ZONING COMMISSION
PUBLIC HEARING
Monday, March 8, 2010
The Old Lyme Zoning Commission held a Public Hearing on Monday, March 8, 2010, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were Jane Cable, Chairman, Jane Marsh, Secretary, John Johnson, Joan Bozek (Alternate, seated), and Ted Kiritsis (Alternate, seated). Also present were Eric Knapp, Commission Counsel and Ann Brown, Zoning Enforcement Officer.
Chairman Cable called the Public Hearing to order at 7:33 p.m.
1. Special Permit Application to demolish existing structure and construct a one and one-half (1 ½) story dwelling on property located at 42 Breen Avenue, Nicholas DiCorleto, applicant.
The Public Hearing for this application has been continued to the April Regular Meeting.
2. Special Permit Application to convert church to year-round use and install 159 seats within the existing church structure, 287 Shore Road , Shoreline Church, Inc., applicant.
Ms. Marsh read the legal notice as published in the New London Day on Tuesday, February 23 and Tuesday, March 2, 2010. She also read the Exhibit List for the record.
Attorney Childress was present to represent the applicant Shoreline Church, Inc. He noted that there was a previous application that was approved by the Commission but the applicant then ran into some problems with the engineering of the parking lot. He asked that the record of that application be made part of this application.
Attorney Childress stated that they are asking for two waivers, one being locating a dumpster and the other being a loading space. He stated that because of the use of the structure as a church, they do not have a need for frequent pick-ups and deliveries that would require a loading space and the small amount of garbage will be taken care of by the parishioners thereby negating the need for a dumpster.
Attorney Childress stated that the primary difference between this application and the previous application is the surface of the parking lot. He noted that after an engineering review meeting they found that in order to meet Code they would have to change it to a stone dust surface. Attorney Childress stated that they worked with Town Engineer Tom Metcalf to resolve this. He noted that they will be paving a few parking spaces toward the front, including the handicap spaces. He pointed out that in Mr. Metcalf’s second, most recent letter, he indicates that all the issues of his first letter have been addressed. Ms. Marsh read this letter for the record.
Attorney Childress stated that there is a note on the plan with respect to the maintenance of the dust stone parking surface. Mr. Johnson questioned who would police the driveway maintenance. Attorney Childress stated that the Zoning Enforcement Officer would. Mr. Johnson questioned whether there would be a crown so that the parking area would drain. The applicant’s engineer noted that it would be pitched and pointed out where it would drain to on the site plan. He indicated that it will have to be maintained after a few years of plowing and use. He noted that there is less maintenance with stone dust then there is with gravel drives.
Attorney Childress noted that Ms. Brown’s comments have also been addressed. Chairman Cable stated that the lighting plan does not give a lot of detail; it just indicates seven pole lights. She questioned whether these lights are shielded. Mr. (Engineer??) stated that they are full cut-off and the lighting details were submitted at the last hearing.
Attorney Childress stated that historically, the entire lot has been used for parking on a seasonal basis. He indicated that the testimony last time supported this.
Attorney Childress addressed the Fire Marshal’s comments. He noted that he just received the comments today. Attorney Childress stated that they will bury the propane tank at the proper depth; he indicated that they will verify Mr. Roberge’s concerns as it is not clear by his letter. He stated that they will meet all Code requirements with regard to the propane tank. Attorney Childress stated that the next comment is in regard to seating. He pointed out that Mr. Roberge must have been looking at an old Statement of Use because this has already been addressed and clarified during the last Public Hearing. Attorney Childress stated that the next comment addresses the interior remodeling and suggests that the drawings are inadequate for his review. Attorney Childress
stated that this is not a site plan issue and they can address this as part of the Building Permit process. Ms. Marsh stated that the Commission addresses ingress and egress as part of their review. Ms. Brown stated that there are many things that the Fire Marshal looks at that the Commission would not such as aisle width, etc. She indicated that she is not sure why he has not reviewed the interior drawings to this point, but noted that the applicant would have to meet all his requirements prior to issuance of a Building Permit. The Commission reviewed the building plans.
Ms. Barrows stated that the Fire Marshall indicated to her that he would like to see an exact construction drawing showing the seats, etc. She pointed out that right now the interior drawing is an empty square and he cannot approve this until he has a detailed floor plan. Ms. Bozek suggested that a Commission approval could be conditioned with approval of the floor plan by the Fire Marshal.
Mr. Carlin indicated that he was in favor of the application. No one present spoke against the application.
Attorney Childress stated that they would like to occupy the church as soon as possible.
Hearing no further comments, Chairman Cable asked for a motion to adjourn.
A motion was made by John Johnson, seconded by Jane Marsh and voted unanimously to close the Public Hearing for the Special Permit Application to convert church to year-round use and install 159 seats within the existing church structure, 287 Shore Road , Shoreline Church, Inc., applicant.
3. Petition to Amend the Old Lyme Zoning Regulations to include a regulation with respect to buildings (commercial, residential, house, garage or shed) having temporary roof coverings for more than six (6) months, Christy Laurence-Hannas, Petitioner.
Ms. Marsh read the list of exhibits for the record.
Christy Laurence, 8 Stone Leigh Knoll, stated that she is petitioning to include a regulation that prohibits temporary roofing of canvas for more than six months. She indicated that she feels she was forced to do this because the house next door to her has had temporary coverings of different types and colors for the past 14 years. She indicated that she has, every four years or so, come to the Town Hall for assistance and each time has been told that there is no Ordinance against this. Mr. Laurence stated that the First Selectman called her today regarding this issue and indicated to her that it was ridiculous that temporary coverings were on this roof for 14 years and it should be prohibited. Chairman Cable stated that it is important to know that the Zoning Commission does not approve
Ordinances. She indicated that there is an existing Housing Ordinance that would prohibit a tarped roof for fourteen years. Ms. Bozek suggested that Ms. Laurence insist that the Health Department enforce the code and require that the homeowner fix the roof. Ms. Laurence stated that Ron Rose, Sanitarian, told her that there was no Ordinance to prohibit someone from having a tarp on their roof. Reading from the Ordinance, Ms. Marsh noted that a conviction of violating the Ordinance could result in $100.00/day in fines/and or 30 days imprisonment.
Attorney Eric Knapp indicated that this is outside the Commission’s jurisdiction.
Mr. Johnson suggested that the applicant withdraw the application. Attorney Knapp stated that that would be up to the applicant. Attorney Knapp stated that the Commission could vote on it and state that it is not within their jurisdiction.
Ms. Laurence stated that Ron Rose indicated that the existing housing ordinances were for new construction, not existing homes. Ms. Cable stated that she does not agree with that statement.
Eleanor Nastick stated that the same person had an above ground swimming pool that was connected to the house by a deck. She noted that it has never been taken care of and the pool is three quarters of the way filled with leaves. Ms. Nastick stated that there is no electricity or phone service in the house. She indicated that they another neighbor tried to get this taken care of because of the mosquitoes, to no avail. Ms. Cable stated that part of the purpose of the Housing Ordinance is stated to be to prevent blight. Attorney Knapp stated that again, this would be something that the homeowner could act directly about as it is an attractive nuisance. He indicated that enforcement is a discretionary power of government and unfortunately one cannot make the government enforce if they
choose not to.
Ms. Laurence indicated that she does not want to withdraw the application.
Hearing no further comments, Chairman Cable asked for a motion to adjourn.
A motion was made by John Johnson, seconded by Joan Bozek and voted unanimously to close the Public Hearing for the Petition to Amend the Old Lyme Zoning Regulations to include a regulation with respect to buildings (commercial, residential, house, garage or shed) having temporary roof coverings for more than six (6) months, Christy Laurence-Hannas, Petitioner
Ms. Brown indicated that the homeowner is negotiating to knock down the house and rebuild it with another house and this should be resolved in the next month or so, one way or the other.
Chairman Cable adjourned the Public Hearing at 8:38 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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