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Zoning Commission Minutes 08/08/2011




OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, August 8, 2011



The Old Lyme Zoning Commission held a Public Hearing on Monday, August 8, 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 (arrived at 8:12 p.m.), Vice Chairman, Tom Risom (Regular Member) and Pat Looney (Regular Member).  Also present were Joan Bozek (Alternate), Ted Kiritsis (Alternate) and Ann Brown, Zoning Enforcement Officer.

Chairman Cable called the meeting to order at 7:32 p.m.  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.

Chairman Cable stated that this item has been withdrawn.

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.

Seated for 5-1 Davis Road East are J. Bozek, T. Kiritsis, J. Cable, J. Marsh, and T. Risom

Ms. Bozek read the proposed conditions of approval.

A motion was made by Joan Bozek, seconded by Tom Risom and voted unanimously to approve the 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, as follows:

Whereas, the Zoning Commission has received applications for Special Permit and Municipal Coastal Site Plan approvals, with Statement of Use, Abutters List, Stormwater Management Proposal, Site Plan dated April 27, 2009 one sheet as Exhibit A1 that has outlined in red the two parcels, Site Plan dated April 27, 2009 Entitled Site Plan prepared for Questa Builders, Inc, Davis Road East, Old Lyme, Connecticut, Sheets 1, 2 and 3 and Building drawings for Questa Builders, Inc, dated May 6, 2011 and revised through May 17, 2011 and labeled Sheet A1, and supplemented as follows: Site Plan prepared for Questa Builders, Inc., Davis Road East, Old Lyme, Connecticut, by Doane-Collins Engineering Associates, Inc. dated 4/27/09, Sheet 1 of 4 revised through 6/28/11 for drainage and grading; Sheet 2 of 4 revised through 6/23/11 for details; Sheet 3 of 4 revised through 6/28/11 for drainage and grading; Sheet 4 of 4 revised through 6/23/11 for details.  2) Schematic Site Development Plan for Residential portion of Land of Questa Builder, Inc. Davis Road East, Old Lyme, CT prepared by Doane-Collins Engineering Associates, Inc. dated 6/28/11, Sheet 1 of 1.  3) Free Split Plan prepared for Questa Builders, Inc. 5-1 Davis Road East, Old Lyme, Connecticut by Doane-Collins Engineering Associates, Inc. dated 5/4/11 and revised through 5/6/11 for lot line, Sheet 1 of 1.   4)  Parcel History Map prepared for Questa Builders, Inc. 5-1 Davis Road East, Old Lyme, Connecticut by Doane-Collins Engineering Associates, Inc. dated 5/19/11, Sheet 1 of 1; and Site Plan prepared for Questa Builders, Inc. Davis Road East, Old Lyme, CT. Scale 1” = 20’ dated 04/27/09 Sheet 1 of 4, Sheet 2 of 4, Sheet 3 of 4 and  Sheet 4 of 4 revised through 7/25/11 [town engineers commends addressed] – approved by IWWC 7/26/11; and Free Split Plan prepared for Questa Builders, Inc. 5-1 Davis Road East, Old Lyme, Connecticut, Scale 1” = 100’, dated 5/4/11, Sheet 1 of 1 revised through 5/6/11, revised lot line; and Lot Line Modification Plan prepared for Questa Builders, Inc. 5-1 Davis Road East, Old Lyme, Connecticut Scale 1” = 100’ dated 5/4/11 Sheet No. 1 of 1 revised through 8/5/11 [drawing title revised]; Site Plan prepared for Questa Builders, Inc. Davis Road East, Old Lyme, CT. Scale 1” = 20’ dated 04/27/09 Sheet 1 of 4, Sheet 2 of 4, Sheet 3 of 4 and  Sheet 4 of 4 revised through 7/25/11 [town engineers commends addressed;

Whereas, the Zoning Commission has held a duly noticed public hearing on July 11, 2011 and August 8, 2011, and the commission has heard testimony from both citizens of Old Lyme and the applicant; and

Whereas, the proposed use, office building, is permitted by Special Permit under the Old Lyme Zoning Regulations, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 13 A and B of the Regulations with the following modifications required to be added to the final plan:

Lot line revisions as approved by the Old Lyme Planning Commission must be recorded prior to the endorsement of these plans and mylar copy of these plans by the Zoning Commission chairman, and prior to recording of the Special Permit and mylars;
Technical detail of the light fixtures must be submitted to confirm compliance with zoning requirements;
Detailed design and location of the proposed signs must be submitted;
A stone construction entrance must be installed prior to construction and maintained until final site stabilization and paving;
Grading at the easterly driveway entrance shall be directed to the greatest extent possible to the proposed adjacent rip rap area to minimize icing conditions;
A pre-construction meeting shall be scheduled with town staff to review the project and to arrange and inspection schedule;
Clearing limits shall be field staked by a licensed land surveyor and inspected by town staff prior to any site clearing;
Upon completion of the foundation and prior to building construction, an as As-Built survey plan of the foundation shall be submitted to the zoning enforcement officer;
Upon completion of the approved improvements, an As-Built survey shall be submitted to verify that the project has been completed as approved; this shall include an as-constructed verification from the surveyor that the height of the building does not exceed a ground elevation of 55 ft., and certification by a professional engineer that the drainage systems and septic systems have been inspected and are installed as designed;
A driveway permit must be obtained from the town prior to beginning construction; and
Number of handicap parking spaces shall be increased to comply with Building Code requirements for medical office uses.

Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13, 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;
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 application materials to them for review, the Commission determines that the application and plans as they will be revised are 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 Questa Builders, Inc. for the Special Permit and Municipal Coastal Site Plan Site Plan applications, for property at 5-1 Davis Road East, Old Lyme, CT, with the modifications specified.

3.      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.

Mr. Johnson read the proposed conditions of approval.

Ms. Bozek questioned whether it would be appropriate to acknowledge the comment letters from other public agencies.  Chairman Bozek indicated that she did not feel it was necessary; it was agreed that it would be added into the motion.

Ms. Marsh suggested that it also be indicated in the motion that the Commission found that the boathouse is a water-dependent use and it is not a dwelling.  The Commission agreed to add this wording to the motion.

A motion was made by John Johnson, seconded by Tom Risom and voted unanimously to approve the 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, as follows:

Whereas, the Zoning Commission has received applications for Special Permit and Coastal Site Plan approvals, “Site Plan and Erosion and Sediment Control Plan,” three sheets prepared by Nemergut Consulting, dated April 18, 2011 with revisions through June 30, 2011, and “Exterior Elevations,” one sheet prepared by Centerbrook Architects and Planners, LLP dated June 25, 2011, and Property Survey prepared by Kenneth land Surveying, LLC dated December 10, 2009 with revisions through March 27, 2010;

Whereas, the Zoning Commission has held a duly noticed public hearing on August 8, 2011, and the commission has heard testimony from both citizens of Old Lyme and the applicant; and the Commission has also heard from its Engineer, the Connecticut River Gateway Commission and the Department of Energy and Environmental Protection;

Whereas, the proposed construction of a boathouse and walkway is permitted by Special Permit under the Old Lyme Zoning Regulations section 4.10.3, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 13 A and B of the Regulations with the following modifications required to be added to the final plan:
  • A deed shall be recorded prohibiting the owner’s two parcels, 38 Neck Road and 7 Huntley Road, from being sold independently from each other, language to be approved by the Commission attorney;
  • The applicant shall submit appropriate documentation from the Connecticut Department of Transportation for the installation of permanent utility and water service line installation in the road right-of-way;
  • An As-Built survey must be submitted showing not simply the foundation location, but also the location of the decks and stairs when constructed;
  • A licensed land surveyor must verify that the peak of the roof is no more than 41.0 ft., NGVD 1929;
  • The building shall not be used for sleeping and shall not be used as a dwelling;
  • FINDINGS:  Compliance with Section 4.10.12.3;
  • No stove shall be installed;
  • Erosion and Soil Bond to be submitted, dollar amount to be approved by the Town Engineer;
  • Shrubs to be replanted/replaced after temporary driveway is removed; and
  • There shall be no permanently established vehicular access.  
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13, in particular that the proposed use, buildings and other structures and site development are designed and arranged as follows:

        a.      to achieve safety, comfort and convenience;
b.      to conserve as much of the natural terrain and provide for vegetation on the site to the extent practical;
c.      to be in architectural harmony with the surrounding area;
d.      to protect nearby residential and preservation areas;
e.      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 application materials to them for review, the Commission determines that the application and plans as they will be revised are consistent with the goals and policies of the Coastal Management Act; and the proposed use is a water dependent use and the proposed structure is a boathouse;

Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to Joseph Chontos for the Special Permit and Coastal Site Plan, for property at 38 Neck Road, Old Lyme, CT, with the modifications specified.

4.      Special Permit Application to permit a 3’ x 95’ boardwalk, a 3’ x 22’ ramp and an 8’x 10’ floating dock on property located at 18 Sandpiper Point Road, Tallmadge Renault, applicant.  

A motion was made by John Johnson, seconded by Tom Risom and voted unanimously to receive the Special Permit Application for 18 Sandpiper Point Road and set a Public Hearing for October 12, 2011 (Wednesday).  

5.      Special Permit Application to permit conversion of existing building to a private Jazz Club and Production Studio on property located at 2 Huntley Road, Michael Bellaria, applicant.

Ms. Brown stated that this application is for a recording facility, possible music lessons and a private jazz club.  She stated that they propose to serve light fair and alcohol.  Ms. Brown stated that the Zoning Regulations prohibit a place of assembly within 100 feet of a residential district.  She noted that for the club portion they would need either a variance or an amendment to the Regulations.  Ms. Brown stated that the application does not have any detail yet on the type of alcohol permit they will be requesting.  She indicated that the music studio and music lessons could be addressed at the current time.  Ms. Bozek stated that the application does not appear to be complete.  Ms. Marsh stated that the Commission has to accept the application and can discuss its short-comings at the Public Hearing.

A motion was made by John Johnson, seconded by Pat Looney and voted unanimously to receive the Special Permit Application for 2 Huntley Road and set a Public Hearing for October 12, 2011 (Wednesday).  

6.      Special Permit Application and Municipal Coastal Site Plan Review Application to permit construction of two multi-family buildings for the initial phase of a four building project, each building will contain 6, two-bedroom apartments on property located at 77 Lyme Street, Lyme Academy College of Fine Arts, Inc., applicant.  

Bob Doane stated that 77 Lyme Street is directly across from the Lyme Academy of Fine Arts.  He indicated that there will be six two-bedroom units in each of the two buildings.  Mr. Doane stated that this is the first phase of a two phase project.  He indicated that if they receive approval they will separate the parcel.  Mr. Doane stated that they are in the process of working with Dr. Miller.

A motion was made by Tom Risom, seconded by John Johnson and voted unanimously to receive the Special Permit Application and Municipal Coastal Site Plan Review Application for 77 Lyme Street and set a Public Hearing for September 12, 2011.  

7.      Informal discussion with the Linnea and David Rufo of the Bee & Thistle Inn to discuss usage for the Inn located at 100 Lyme Street.

Mr. Kiritsis stated that the applicant has been advertising as the Bee & Thistle Spa and questioned whether they are operating it as a Spa.  Ms. Brown replied that after receiving Mr. Kiritsis’s email she investigated it and found that one can get a facial or massage there.  Mr. Kiritsis stated that that is not a permitted use.  Ms. Brown agreed and noted that an accessory use has been added without the necessary permits.  

Ms. Bozek suggested that the applicant be advised to come before the Commission with an application for the Spa.

8.      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 July 11, 2011 meeting with the following corrections:  Regular Meeting Minutes - Page 4,
Item No. 5 Chontos – change the word “principle” to “principal”; on Page 6, Item No. 9, second to last paragraph change the word “SVVD community” to “SVVD commission” and the last paragraph change the word “called” to “culled”.   The motion to approve also includes the Special Meeting Minutes of July 11, 2011 as submitted.  

9.      Zoning Enforcement

        a.      Zoning Enforcement Report
        
                None.

        b.      Site Inspection Report

                None.

10.     Any Old or New Business

  • Discussion of changes to the Zoning Regulations, i.e. Section 2, Area/Use Classification; Section 3, Definitions; Section 5, Use Regulations; Section 9, Non-Conforming Lots, Uses, Buildings and/or Structures; Section 11, Special Regulations (pertaining to seasonal/year-round use) and Section 7, Accessory Uses, Buildings and Structures (pertaining to reduction in setbacks for sheds); Review of Petition to Amend Regulations, receive and set public hearing.

Chairman Cable stated that the Commission members should have received a package from Ms. Brown of all the places in the Zoning Regulations that seasonal is mentioned.  She noted that they will discuss this at the September Meeting.

Ms. Brown stated that she put this package together with the intent that the Commission schedule it for Public Hearing next month.  She indicated that the Commission has discussed whether or not to eliminate seasonal entirely and she realizes they are divided on the issue.  Ms. Brown stated that they need to come to a decision so that they can get on with the Registry.  She stated that there is another change that she added in to adjust shed setbacks as they previously discussed.

A motion was made by Pat Looney, seconded by John Johnson and voted to receive the Petition to Amend the Zoning Regulations as noted above and set a Public Hearing for September 12, 2011.  Motion passed 3:2, with Tom Risom and Jane Marsh voting against.

Chairman Cable stated that the Selectmen would like to reduce the width of Subdivision roads to 30; She noted that they are somehow tying this in with homeowners or homeowner associations having to maintain the street lights.  Chairman Cable stated that Planning does not give the Selectmen a review on proposed Subdivisions.  She indicated that the Town may have to enact an Ordinance on Subdivision street light maintenance.  Ms. Bozek stated that her subdivision has a very nice wooden guardrail but she feels that if the Town must replace it they owe it to the taxpayer to replace it with the lowest cost material.  Mr. Risom stated that developers are putting in very expensive lights and then the roads are being turned over to the Town.

11.     Miscellaneous/Adjourn

The Meeting adjourned at 10:38 p.m. on a motion by Pat Looney; seconded by Tom Risom and voted unanimously.                                                     

Respectfully submitted,



Susan J. Bartlett
Recording Secretary