OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, July 11, 2011
The Old Lyme Zoning Commission held a Regular Meeting on Monday, July 11, 2011, 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, Vice Chairman, Tom Risom, Ted Kirtisis (Alternate), and Joan Bozek (Alternate, seated for Pat Looney). Also present was Ann Brown, Zoning Enforcement Officer.
Chairman Cable called the meeting to order at 7:32 p.m. She noted that Joan Bozek would be seated for Pat Looney. Chairman Cable immediately recessed the Regular Meeting to conduct the Public Hearing. She reconvened the Regular Meeting at 7:37 p.m.
1. Acceptance of a Special Permit Application to permit an impound parking lot and discussion with respect to an impound lot being an accessory use to the Police Department on the Town-owned property at 290 Shore Road, Town of Old Lyme, applicant.
Ms. Brown explained that the Board of Selectmen has submitted a Site Plan/Special Permit Application for an impound lot for temporarily towed cars. She indicated that in speaking with the First Selectman, she suggested that he come before the Commission to see if they would grant the permit as an accessory use to the Police Department directly across the street. Ms. Brown explained that the police would like an area to impound vehicles that they find illegally parked at the beach during the day. She noted that if vehicles were not picked up by 7:00 or 8:00 p.m. they would be towed to another location to be stored and noted that they would not be left unattended. Ms. Brown explained that the lot would be operated seasonally.
Ms. Bozek noted that the current use of the property is a parking lot so it is not a change of use. Ms. Bozek questioned whether an impound lot is an accessory use to a police station, noting that she does not have her Zoning Regulations before her.
Ms. Brown read the Board of Selectmen’s application. Mr. Risom stated that having heard the request as stated by Ms. Brown, he understands that no vehicles involved in accidents would be towed to this site; it is simply for cars that were parked illegally at the beach.
A motion was made by John Johnson, seconded by Tom Risom and voted unanimously to table this item until Mr. Griswold’s arrival.
2. Special Permit Application and Municipal Coastal Site Plan Review Application to permit construction of an 8,600 s.f., two-story office building on the commercial portion of property located at 5-1 Davis Road East which is in the Connecticut River Gateway Conservation Zone; Huntley & Halls, LLC, owner and Questa Builders, Inc., applicant.
No action taken. The Public Hearing for this item has been continued to the August 8, 2011 Regular Meeting.
3. Petition to adopt Federal Emergency Management Agency Flood Insurance Rate Maps and adopt changes to Section 4.4.2 Identification of District, Section 4.4.3 Definitions, Section 4.4.5 Base Flood Elevation and Floodway Data, Section 4.4.6.4 Special Flood Hazard Area, Section 4.4.6.5 Coastal High Hazard Areas, Section 4.4.6.6 Floodways, Section 4.4.6.7 Manufactured Homes, 4.4.9 Variance Procedures and new state requirements for language on Compensatory Storage and Equal Conveyance, as well as Aboveground Storage Tanks, Portion of Structure in Flood Zone, Structures in Two Flood Zones and No Structures Entirely or Partially Over Water. Effective date July18, 2011.
A motion was made by Jane Marsh, seconded by Tom Risom and voted unanimously to approve the Petition to adopt Federal Emergency Management Agency Flood Insurance Rate Maps and adopt changes to Section 4.4.2 Identification of District, Section 4.4.3 Definitions, Section 4.4.5 Base Flood Elevation and Floodway Data, Section 4.4.6.4 Special Flood Hazard Area, Section 4.4.6.5 Coastal High Hazard Areas, Section 4.4.6.6 Floodways, Section 4.4.6.7 Manufactured Homes, 4.4.9 Variance Procedures and new state requirements for language on Compensatory Storage and Equal Conveyance, as well as Aboveground Storage Tanks, Portion of Structure in Flood Zone, Structures in Two Flood Zones and No Structures Entirely or Partially Over Water, as follows:
Whereas, the Zoning Commission has submitted a petition to amend the Zoning Regulations with respect to Section 4.4 Flood Hazard Regulations as shown in the attachment pursuant to a letter dated January 14, 2011 from Diane Ifkovic, State NFIP Coordinator, Flood Management Program, Inland Water Resources Division, requiring the Town of adopt said changes which shall be made effective July 18, 2011;
Whereas, the Zoning Commission has held a duly noticed public hearing on June 13, 2011 and continued to July 11, 2011, and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and others; and
Whereas, the Commission finds that there is sufficient evidence to demonstrate that the proposed changes to the text is appropriate since it has been mandated for compliance with FEMA regulations and recently adopted state floodplain management requirements.
Whereas, the Commission finds that the proposed regulation changes will permit the Commission:
to achieve safety, comfort and convenience;
to conserve as much of the natural terrain and provide for vegetation the site to the extent practical;
to be in architectural harmony with the surrounding area;
to protect nearby residential and preservation areas;
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 has deliberated and considered the evidence presented at the hearing as well as the input of its staff and professional consultants; and
Whereas, although the Zoning Commission has received comments from the Office of Long Island Sound Programs of the Department of Environmental Protection, after submitting the materials to them for review, the Commission determines that the revision is consistent with the goals and policies of the Coastal Management Act;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to the proposed modification to the Zoning Regulations to Section 4.4 Flood Hazard Regulations as shown in the attachment pursuant to a letter dated January 14, 2011 from Diane Ifkovic, State NFIP Coordinator, Flood Management Program, Inland Water Resources Division, requiring the Town of adopt said changes which shall be made effective July 18, 2011.
4. Informal discussion with Linnea and David Rufo of the Bee & Thistle Inn to discuss usage for the Inn located at 100 Lyme Street.
Linnea Rufo stated that she and her husband David have a few ideas that they would like to run by the Zoning Commission. She noted that they have been in business since 2006 and now are at a crossroads. Ms. Rufo stated that the Bee & Thistle is more of a destination place, rather than a walk-in restaurant. She explained that they have now had to invest personal funds to keep the Inn running.
Mr. Risom recused himself as he is an abutter.
Ms. Rufo stated that they currently employ twenty local people, along with supporting the community in other areas. She noted that in order to make their business viable, they would like to construct a building to hold other events. Ms. Rufo explained that they have had tented weddings in the past and have been able to park approximately 65 cars angled around the horseshoe and between the cottages.
Ms. Rufo explained that they were thinking of a conservatory type structure on the side of the main building. She indicated that she has also considered moving a barn to the site, which brings a whole host of issues. Ms. Rufo stated that the latest idea is constructing a barn; if one is looking at the rear of the building it would be located directly behind it. She showed the Commission a picture of a barn which it would be similar to.
Ms. Brown stated that a new use may need to be defined in the Zoning Regulations for this type of use. Ms. Marsh agreed, noting that the use is currently pre-existing, nonconforming. She explained that the Regulations do not have a use such that she is describing. Ms. Marsh stated that she may want to employ someone to write a regulation for the Zoning Commission to adopt. Ms. Brown stated that based on the location and size of the parcel she thinks a regulation could be crafted with conditions that could limit the application of the regulation.
Ms. Rufo thanked the Commission for their time.
5. Special Permit Application and Municipal Coastal Site Plan Review Application to permit construction of a boathouse on property located at 38 Neck Road, Joseph Chontos, applicant.
Attorney Cronin was present to represent the applicant. He stated that they have received permission from the Inland Wetlands Commission. Chairman Cable stated that she is questioning whether the boathouse can be an accessory use to the principle use across the street. Attorney Cronin stated that he was told by Ann Brown that the Commission has, in the past, considered properties across the street from one another and considered them one property for the purpose of establishing a use. Ms. Marsh agreed, noting that the Commission would require that the lots be deeded together. Attorney Cronin stated that they would be prepared to do that upon approval of the application.
Attorney Cronin noted that the application is under Section 4.10.3 rather than 4.3. He noted that under Section 4.10.3 boathouses are clearly allowed within the setbacks.
A motion was made by Tom Risom, seconded by John Johnson and voted unanimously to receive the application, including a Special Permit Application, and set a Public Hearing for August 8, 2011.
6. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting of June 13, 2011.
A motion was made by John Johnson, seconded by Tom Risom and voted unanimously to approve the Regular and Public Hearing minutes of the June 13, 2011 meeting with the following corrections: Public Hearing Minutes – correct Page 3, 4 and 5, public hearings continued to July 11, 2011 not July 10, 2011. Regular Meeting Minutes – correct Page 1, reconvene at 8:29 p.m.; correct Page 4, public hearings continued to July 11, 2011 not July 10, 2011;
7. Correspondence
None
8. Zoning Enforcement
a. Zoning Enforcement Report
None.
b. Site Inspection Report
None.
9. Any Old or New Business
Chairman Cable questioned whether the FOI complaint against the Commission has been resolved. Ms. Brown indicated that she has not heard anything. Chairman Cable stated that she saw a snippet in a daily law review entitled “Threatened lawsuit is reason for holding Executive Session.” She explained that all she could see was the title and it did not indicate the Town or the date. Ms. Cable stated that she asked Attorney Branse to check on it and she has not heard back from him.
Ms. Brown explained that she has put together a packet for the Commission regarding changes that they may want to consider. She stated that there is a statutory change about bonding and indicated that she would suggest Attorney Branse look at this and suggest appropriate changes to the Commission’s Regulations.
Ms. Brown stated that small sheds are allowed to be one-half the required setbacks for the zone. She noted that this may not be appropriate in all zones. She suggested that the Commission think about these regulations.
Ms. Brown stated that there are typo’s in the section for nonconforming uses, buildings, and lots. She noted that the typo’s are in relation to the old seasonal dates that were not changed to the current definition of seasonal. She noted that this needs to be consistent.
Ms. Brown stated that in the Alcohol Chapter, the SVVD Zone is not listed. She indicated that last time she brought this up there was no consensus. Chairman Cable suggested that it be brought up to the SVVD community. Ms. Brown noted that this is sure to come up eventually, and noted that in the past the community center has received a temporary permit for alcohol for a specific function that are signed by the Fire Marshal.
Ms. Brown stated that she also called out all the Regulations regarding seasonal use so that the Commission could see how they relate to the document as a whole.
10. Acceptance of a Special Permit Application to permit an impound parking lot and discussion with respect to an impound lot being an accessory use to the Police Department on the Town-owned property at 290 Shore Road, Town of Old Lyme, applicant.
Mr. Risom questioned whether there would be any type of fence. Mr. Griswold stated that they will lay telephone poles on the ground to keep the cars from being removed. He noted that the lot will be attended and after 7:00 or 8:00 p.m. the cars that are left would be towed to the Town Garage. He noted that the towing would not begin until noon and would end by 8:00 p.m. Ms. Brown noted that the ZBA approval prohibits the storage of cars at All-Pro.
A motion was made by John Johnson, seconded by Joan Bozek and voted unanimously to approve the impound lot as an accessory use to the Police Department on the Town owned property at 290 Shore Road with the following conditions:
1. Hours of operation to be Friday, Saturday, Sunday and holidays.
2. Impound lot to be in operation from May 15th to October 1st from 11:00 a.m. to 8:00 p.m.
3. There shall be no cars left in the impound lot for overnight storage.
4. The dimensions of the area to be used is approximately 80’ x 80’ and enclosed only by telephone poles, there shall be no fencing.
5. There shall be a maximum of 20 motor vehicles on the lot at any one time.
6. The lot shall be attended at all times during impound hours.
7. There is a prohibition of any car involved in an accident or used for investigation to be stored in the lot.
11. Miscellaneous/Adjourn
The Meeting adjourned at 8:45 p.m. on a motion by Tom Risom; seconded by John Johnson and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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