OLD LYME ZONING COMMISSION
SPECIAL MEETING
Monday, July 26, 2010
The Old Lyme Zoning Commission held a Special Meeting on Monday, July 26, 2010, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were Jane Cable, Chairman, Tom Risom, Vice Chairman, Jane Marsh, Secretary, John Johnson, Pat Looney, and Joan Bozek (Alternate). Also present was Ann Brown, Zoning Enforcement Officer.
Chairman Cable called the meeting to order at 7:00 p.m. Chairman Cable noted that the first item is a continued Public Hearing.
PUBLIC HEARING
Chairman Cable noted that the five regular members would be seated and voting.
1. Special Permit Application to permit hot dog cart on property at the Citgo Gas Station, 281 Shore Road, Barbara Williams, applicant. UMARS, LLC, property owner.
Ms. Cable stated that this Public Hearing was continued so that the abutting property owners could be properly notified and Ms. Williams could present proof of mailing. Ms. Williams, applicant, presented proof of mailing to the Commission. Ms. Marsh read a new exhibit, an email against the proposal.
No one present spoke in favor of or against the application.
A motion was made by John Johnson, seconded by Tom Risom and voted unanimously to close the Public Hearing for this application.
SPECIAL MEETING
1. Special Permit Application to permit hot dog cart on property at the Citgo Gas Station, 281 Shore Road, Barbara Williams, applicant. UMARS, LLC, property owner.
Mr. Risom read a list of proposed conditions. Ms. Brown read a letter from the applicant that was included as part of the application. The Commission agreed that the application is for the property at 281 Shore Road, and is also directly tied to the applicant; they also agreed to limit the operation from May 1 to October 31, 10:00 a.m. to 6:00 p.m., 7 days a week.
A motion was made by Tom Risom and seconded by Pat Looney to approve the Special Permit to allow a hot dog car operated by Barbara Williams on property located at 281 Shore Road, as follows:
Whereas, the Zoning Commission has received an application for a Special Permit to allow a hot dog cart operated by Barbara Williams on property located at 281 Shore Road (Citgo Gas Station) and owned by Asif Choudhry.
Whereas, the Zoning Commission has held a duly noticed public hearing on July 12, 2010 which was continued to July 26, 2010 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 is permitted by Special Permit under the Old Lyme Zoning Regulations Section 11.12.3 (Take-out service of food). The Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13B and Section 11.12.3 of the Regulations as follows:
1. Hours of operation 10:00 a.m. to 6 p.m., 7 days a week, from May 1st to October 31st.
2. The location of the hot dog cart shall be located as shown on the plans.
3. The permit is issued to the applicant, Barbara Williams, and the specified location.
4. The permit shall be renewed annually prior to May 1st with the Zoning Enforcement Officer and with the agreement of the property owner.
5. The applicant shall comply with all applicable health codes and obtain health approval.
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 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 a Special Permit to allow a hot dog cart operated by Barbara Williams on property located at 281 Shore Road (Citgo Gas Station) and owned by Asif Choudhry, with the conditions specified. Voted unanimously, 5:0.
2. Special Permit Application/Coastal Site Plan Review to permit renovations and expansion at Lyme-Old Lyme High School, 69 Lyme Street – Regional School District No. 18, applicant. Receive application and set public hearing.
Ms. Cable stated that when this application was originally approved the mylar was not filed in a timely manner. She noted that they were awaiting changes to the plan from the State. Ms. Cable stated that for this reason, they are reapplying for their approvals.
A Motion was made by Tom Risom, seconded by John Johnson and voted unanimously to receive the Special Permit/Site Development Plan/Coastal Site Plan Application and set a Public Hearing for August 9, 2010.
3. Discussion of Registry and Registry Regulation.
Mr. Looney stated that he lives in an R-10 Zone and most of the homes are year round to begin with. He indicated that he is trying to think of a good approach to the Registry. He indicated that he thinks the Commission should eliminate seasonal designations from the Zoning Regulations. Mr. Looney stated that he cannot think of any negatives in doing this.
Mr. Looney stated all renovations must go to the Zoning Enforcement officer regardless and each requires a plot plan. He indicated that if a structure exists, compliant to Zoning or not, the Commission does not have jurisdiction. Chairman Cable stated that that applies just to the structure, not the use. Mr. Looney stated that there have spent $14,000.00 in postage and are looking for additional expenditures for review of the applications. He indicated that all these people pay taxes and are entitled to use the school system.
Chairman Cable stated that many people claim to have year round homes but they don’t have year round water. She noted that water lines have not been reset in all the beach streets. She noted that many homes have alternate sources of water, such as a bladder. Mr. Looney stated that that would be an issue for the Health Department.
Mr. Looney explained that he is not saying that all homes can be used year round; he feels that the Zoning designation of seasonal should be dropped. He indicated that homeowners will still have to satisfy the Health Department to use the dwelling year round.
Ms. Marsh stated that this is an opportunity for the Town of Old Lyme to collect all the information there is on all the properties. She noted that their Attorney has stressed this repeatedly.
Ms. Bozek stated that in 1995 they spent a lot of time discussing this and one of the things they discussed is the snow covered narrow beach streets, and many homes not having enough off-street parking, and the unsafe condition for emergency access. She noted that Zoning does regulate safety. Ms. Marsh stated that Attorney Branse has noted that places like Point ‘O Woods are not laid out like a subdivision, but rather haphazardly. She stated that the beach areas are not laid out safely. Chairman Cable stated that they are subdivisions, but just pre-date Zoning. Ms. Bozek stated that changing the use of these subdivisions will have an impact.
Ms. Marsh stated that the Plan of Development states that the Town wants diverse housing. Seasonal communities represent something to some people. She indicated that the beach communities are fantastic because they are beach communities and year round use will change that. Chairman Cable stated that the Plan of Development lists many types of housing and does not mention seasonal housing.
Mr. Looney brought up the couple that came to the July Meeting who were concerned that they bought a retirement home that might not be year round. Ms. Marsh stated that the evaluations will be done fairly and there is a process. She noted that the Town has changed its attitude. She stated that the seasonal communities have eroded over time. Ms. Marsh explained that the original bench line date was 1958 and was subsequently changed to 1992 and now subsequently changed again to 1999. Mr. Risom stated that changing it to 1999 and having a formal process will give every property owner a chance to prove once and for all the status of their property.
Ms. Bozek stated that the Zoning Commission should regulate safety and the use of properties. She indicated that if someone tried to put another restaurant in Halls Plaza everyone knows that there would not be enough parking. Ms. Bozek stated that the same applies to the seasonal properties; they have to be regulated for safety.
Mr. Johnson stated that he empathizes with the couple that came before the Commission at the last meeting but still feels that they must keep the seasonal designations. Ms. Bozek stated that Old Lyme is not unique in having seasonal properties. She noted that her mother’s house in Maine is seasonal and the troopers come around to be sure people leave.
Ms. Cable stated that part of the reason Point ‘O Woods got sewers was the effect on Long Island Sound. She pointed out the effect there might have been if every home was used year round before it was sewered. Mr. Risom stated that the sewer issue is huge. Ms. Cable stated that East Lyme will not be giving any more capacity to Old Lyme. Mr. Risom stated that there is no more for them to give up. Mr. Looney stated that he doesn’t believe in sewers and feels the State Health Code is more than adequate. Mr. Risom stated that most of the homes cannot meet State Health Code.
Mr. Looney stated that he feels this process has more negatives then positives.
Ms. Marsh stated that she has seen a trend in her lifetime in the seasonal communities. She indicated that they communities are changing on their own and will continue to change.
Ms. Brown stated that the determination process will begin shortly. She indicated that they have received approximately 250 applications.
Ms. Bozek questioned whether there is a written proposal this evening for the Commission to vote on. Ms. Brown stated that in order to change the Regulations the Commission will have to go through a formal process. She noted that the Commission could vote to make the change and direct their staff to write the appropriate changes to the Regulations and proceed through the Public Hearing process.
Tony Hennig stated that her grandfather built a cottage at the beach. She stated that she hears Ms. Marsh comment’s regarding summer use and agrees that that may have been how people felt years ago. Ms. Hennig stated that she would love to live at the beach year round. She explained that she pays year round taxes and does not and is not allowed to, enjoy the services. Chairman Cable stated that she could apply for year round use, although not through the registry process. Ms. Hennig stated that a big part of it is the fact that Old Lyme does not want to educate the additional children. Ms. Cable stated that she never had children and she pays taxes in Old Lyme too. Ms. Bozek stated that the solution is to sell the cottage and buy another house. She indicated that this
is the situation she faces with her mother’s house in Maine.
Diane Vaughn stated that it feels unfair and makes people angry with the Town. She indicated that the tax situation is one of the major issues. Ms. Vaughn stated that she would have to do a lot of work to convert to year round to bring her home to Code. She indicated that people feel that if they don’t do the work now they will never be able to convert to year round in the future. Ms. Brown explained the conventional conversion process through the Regulations which can be done in the future. Mr. Looney stated that if people do not file by September 30 they will be given the seasonal determination.
George Merritt stated that the flavor of the letter is that we don’t want you people to live here year round. He indicated that he does not like it.
Julia Nixon stated that she never received the letter. She asked whether the September 30th date applies to her. She indicated that she called the Town Hall and was told that they could not give it to her. Ms. Brown suggested that she come in tomorrow and Ms. Brown will be sure that she gets her package.
Chairman Cable suggested that anyone having difficulty or questions with filling out the applications should go to the Zoning Department for guidance. She explained that the Zoning Commission is not able to give guidance.
Ms. Brown explained that all the information the Town has for a property has been supplied to each homeowner. She indicated that the last page of the application gives the homeowner the opportunity to add additional information. Ms. Brown stated that there are many ways for a homeowner to show that the house was used year round: voting records, car registrations, school records, neighbors attesting to it, leases, etc.
Mr. Johnson stated that this discussion was eye-opening and thanked Mr. Looney for suggesting it. Chairman Cable stated that there are no formal meetings scheduled to discuss the application process. She urged people to go to the Zoning Office with their questions. Ms. Marsh agreed, noting that each situation is unique.
Chairman Cable stated that the Tax Assessor and Tax Collector also have records of where tax bills were sent.
4. Adjournment
A motion was made by Pat Looney, seconded by John Johnson and voted unanimously to adjourn at 8:34 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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