OLD LYME ZONING COMMISSION
PUBLIC HEARING
Monday, May 9, 2011
The Old Lyme Zoning Commission held a Public Hearing on Monday, May 9, 2011, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were: Jane Cable, Chairman, Jane Marsh, Secretary, Pat Looney and John Johnson.
Chairman Cable called the Public Hearing to order at 7:34 p.m.
1. Special Permit Application to permit additions/renovations to an existing dwelling which is in excess of 4,000 square feet at 2 Sill Lane, in the Connecticut River Gateway Conservation Zone.
Ms. Marsh read the legal notice for tonight’s public hearings, along with the exhibit list for this application, for the record.
Mr. James Childs, applicant, along with Contractor Paul, was present to explain the application. He indicated that they plan to add approximately 350 square feet and are not located near the Lieutenant River. Mr. Childs noted for this reason they believe they should be granted the Special Permit. He indicated that he submitted photographs to the office last week to be added to his file. Ms. Brown noted that she made a small copy of the tax map to show the location of the property.
Contractor Paul stated that he is adding 320 square feet on the back of the house to make room for a mudroom and pantry. He noted that the Historic District Commission approved the application last week. Contractor Paul stated that the property is three acres.
No one present spoke in favor of or against the application. Hearing no further comments, Chairman Cable asked for a motion to close the Public Hearing.
A motion was made by Pat Looney, seconded by Jane Marsh and voted unanimously to close the Public Hearing for the Special Permit/Coastal Site Plan Application to permit additions/renovations to an existing dwelling which is in excess of 4,000 square feet at 2 Sill Lane, in the Connecticut River Gateway Conservation Zone.
2. Town of Old Lyme Petition to Amend the Zoning Regulations: Definition Section 3.72 Floor Area; Section 8.1.1 Measurement of Total Floor Area; New Section 9.3.1a Nonconformity of number of Stories; plus other miscellaneous “housekeeping” changes as noted in the Petition on file in the Land Use Office.
Ms. Brown stated that the Public Hearing was not closed last month as they were awaiting the Planning Commission’s comments. She noted that the Planning Commission submitted their comments and are in favor of the amendment.
No one present spoke in favor of or against the application. Hearing no further comments, Chairman Cable asked for a motion to close the Public Hearing.
A motion was made by Jane Marsh, seconded by Pat Looney and voted unanimously to close the Public Hearing for the Town of Old Lyme Petition to Amend the Zoning Regulations: Definition Section 3.72 Floor Area; Section 8.1.1 Measurement of Total Floor Area; New Section 9.3.1a Nonconformity of number of Stories; plus other miscellaneous “housekeeping” changes as noted in the Petition on file in the Land Use Office.
Member John Johnson arrived at this time (7:50 p.m.)
3. Special Permit Application to allow restaurant liquor permit and to allow guitar/karaoke entertainment on property located at 100 Shore Road.
Chairman Cable recused herself.
Barbara Woods and Everett Douglas were present to explain the application. Ms. Marsh read the exhibit list for the record, noting that the legal notice was read earlier in the Public Hearing. Ms. Brown noted that the mailing receipts were received.
Ms. Woods explained that they are seeking a liquor permit for 100 Shore Road, along with acoustics and karaoke entertainment. She indicated that they would like to have a person playing a guitar, along with someone singing into a microphone through a computer (karaoke) two evenings a week. Ms. Marsh questioned whether the entertainment would be heard outside. Ms. Woods replied that it would not be heard outside as the windows would be closed because of a/c or heat depending upon the time of year. Mr. Douglas explained that the singing is going through a computer not a large sound system. Ms. Marsh questioned whether they would be agreeable to a condition that limited the volume so that the entertainment was not heard outside. Mr. Douglas and Ms. Woods indicated agreement to this type of
condition. Mr. Looney stated that the application states “on the property” but it appears that they mean in the building. Ms. Woods agreed that they mean in the building. Mr. Johnson questioned whether they would be agreeable to a condition limiting the entertainment to two nights a week. Ms. Woods indicated her approval. Mr. Looney suggested that in the summer the applicants might want to have entertainment more than two evenings and suggested a limit of three evenings per week.
Ms. Woods stated that there have been a few upgrades, but no lay-out changes to the interior of the structure. She noted that seating is approved for 84. Mr. Johnson questioned the number of parking spaces. Ms. Brown stated that there are no proposed changes to the site. Ms. Woods submitted three copies of a new A-2 Survey of the property.
Ms. Brown noted that there was a previous approval for seating outside in the front, near the silo. Ms. Woods stated that there was a stipulation on the approval to allow outside dining that there would be no vehicle parking in the front. Ms. Marsh stated that she believes the parking prohibition in front was instituted because of the very small area of property in front, not because of the outside dining. She indicated that sometimes motorcycles park in front, but not cars.
Mr. Johnson questioned the number of employees. Ms. Woods stated that they will have approximately 15 employees, not all present at the same time. Mr. Johnson stated that it appears they would require 34 parking spaces.
Ms. Woods stated that the Zoning Officer, Fire Marshal and Town Clerk need to sign the liquor permit before they can get approval from the State Liquor Commission. She indicated that they would like to open by the second week in June.
Ms. Marsh stated that she has noticed some changes to the front right side of the building. Ms. Woods explained that at one time there were two bay windows and at some point they put plywood over one of the windows because it was in the restroom. She stated that they are going to put new vinyl siding over the plywood.
Ms. Marsh questioned whether there would be new lighting in the front. Ms. Woods stated that the existing lighting will remain, and it is configured as shown on the site plan. Ms. Woods stated that they have received approval for a 4’ x 5’ oval sign.
Barbara Hambilski, abutting property owner to the rear, stated that she does not live at her property; it is a rental property. She noted that the past history of the clientele has been poor. She explained that cars park all over the front of her property, there are fights in the back parking lot, and beer bottles are thrown onto her property. She explained that her son rented the property for some time and since then she has had several tenants. Ms. Hambilski stated that she has a great deal of difficulty in keeping a good tenant at the property. She noted that she has renovated her property and has a good tenant that she would like to keep and has valid concerns about parking and noise. Ms. Hambilski stated that she wants her thoughts known. Mr. Johnson stated that if the
establishment is a bother she should call the Zoning Office. Mr. Douglas stated that they do not plan to have a bar; they are catering more to the diner, the year round clientele. He stated that the way they present the bar may set the tone. Ms. Woods stated that she personally will take care of any issues that may arise.
Ms. Marsh questioned whether there is a physical separation of the two properties. Ms. Woods explained there is a fence along part of it and two by fours in front of the parking spaces. Ms. Hambilski stated that a previous owner cut down some fir trees. Ms. Marsh stated that it does not appear there can be anything additional done to prevent parking on Ms. Hambilski’s property.
An audience member that did not identify himself stated that he is looking forward to a new restaurant in town.
Jack Morraca, Hefflon Farms Road, questioned the hours of the entertainment. Mr. Douglas replied 8:00 p.m. to 11:30 p.m. He indicated that during the week they plan to close around 11:00. Mr. Morraca questioned what would prevent the owners from putting in amplifiers and things of that nature. Mr. Johnson stated that they could make “no amplification” a condition of the approval. Ms. Cable stated that it would also be a violation of their liquor permit; they can only do what they list on their liquor permit.
Hearing no further comments, Mr. Johnson asked for a motion to close the Public Hearing.
A motion was made by Jane Marsh, seconded by Pat Looney and voted unanimously to close the Public Hearing for the Special Permit Application to allow restaurant liquor permit and to allow guitar/karaoke entertainment on property located at 100 Shore Road.
The Meeting adjourned at 8:19 p.m. on a motion by Pat Looney; seconded by Jane Marsh and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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