OLD LYME ZONING COMMISSION
PUBLIC HEARING
Monday, September 12, 2011
The Old Lyme Zoning Commission held a Public Hearing on Monday, September 12, 2011, at 7:30 p.m. in the Auditorium of Old Lyme Middle School. Those present and voting were: Jane Cable, Chairman, Jane Marsh, Secretary, John Johnson, 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 Public Hearing to order at 7:34 p.m.
1. Special Permit Application and Municipal Coastal Site Plan Review Application to permit construction of 2 multifamily buildings for the initial phase of a 4 building project, each building will contain 6, 2 bedroom apartments on property located at 77 Lyme Street, Lyme Academy College of Fine Arts, Inc, applicant.
Attorney Peter Sipples of Clinton was present to represent the applicant, along with the President of the College, Deborah Pecky and Bob Doane, Engineer.
Attorney Sipples stated that they are attempting to meet the standards of the three applicable sections of the Zoning Regulations, noting that many of them are repetitive. He noted that they amended their Statement of Use to indicate compliance with the 2010 Plan of Conservation and Development. He noted that the plan calls for apartments for students at the Academy. Attorney Sipples stated that the proposed owner of the property will be a taxpaying entity.
Ms. Marsh read the exhibit list for the record.
Mr. Bob Doane, Professional Engineer and Licensed Land Surveyor, noted that the project consists of two buildings on 39.2 acres at 77 Lyme Street. He explained that the each building will contain six, two-bedroom apartments. Mr. Doane stated that the buildings will be accessed by a 1,250 foot roadway and pointed out its location on the site plan. He noted that they have submitted an application to the Wetlands Commission; they will be constructing a fire pond which will contain approximately 100,000 gallons, with a dry hydrant for fire protection of the building. Mr. Doane stated they have kept the buildings out of the review area of the wetlands. He noted that there is a shared courtyard in front of the buildings to give it a college feel. Mr. Doane explained that a 16’ wide
roadway wraps around the buildings and serves the garages, as well as the additional parking on the north side. He noted that there are handicap spaces to serve the two handicap units.
Mr. Doane explained that initially they originally thought they would need DEP approval for septic system because of the amount of effluent projected from the two buildings. He noted that Mr. Rose’s letter on file indicates this also. Mr. Doane explained that that will not be necessary as they plan to have separate systems, less than 6,000 gallons, for each of the buildings which can be reviewed on the local level. He noted that the property has good soils and very conducive to a fire pond.
Mr. Doane stated that they are proposing an emergency access to the Regional School District Property which is currently being reviewed by the School Board. He indicated that this was initially planned to address the length of the street. He noted that it is mutually beneficial to the school because technically the high school is on a dead end street.
Mr. Doane stated that the site has been subject to several previous zoning reviews and with the last approval there was to be an overflow parking area. He indicated that they have honored that location; the access road is in approximately the same location. Mr. Doane stated that they are not constructing the overflow lot, but rather making sure that it can be constructed in the future.
Mr. Doane submitted a copy of the landscaping plan for the record. He noted that there is a sidewalk along the roadway as they are anticipating that the students living in the apartments will walk to school. Mr. Doane stated that the roadway will be lined with sugar maples and there will be Dogwoods in the Courtyard. He noted that the setback in the Zoning Regulations for the buildings is 100 feet, with a provision that it can be reduced to 75 feet at the discretion of the Zoning Commission, which is what is shown on the plan. Mr. Doane stated that they feel that the wetlands, etc., force them to move the buildings a little south. He noted that for this reason they propose evergreen screening between the buildings and school property. Mr. Doane stated that the previous Zoning approval
required screening, with a berm, along the Miller property. He explained that he is not in favor of a berm because of the drainage from the Miller property towards the wetlands; he would like to maintain that and pick it up with the grading of the drainage for the driveway and culvert. He indicated that the berm interferes with that. Mr. Doane stated that he would be happy to meet with Dr. Miller and explain the difference between what was originally approved and what they are proposing.
Mr. Doane explained the architectural plans. He noted the building heights are 35 feet, which is the limit for the Gateway Zone.
Chairman Cable questioned the finish of the buildings. Mr. Doane stated that it is a vinyl cedar shake with architectural shingles. Chairman Cable questioned whether there would be basements. Mr. Doane replied that there will not be basements. Ms. Brown questioned whether the top floor is one-half story by the Zoning definition. Mr. Doane replied that it is not.
Mr. Kiritsis stated that the berm was required as part of the last application approval to protect the Miller property from car lights. He questioned whether they were proposing trees or something to give Dr. Miller this same protection. Mr. Doane stated that they are, and noted that adding a fence or low evergreens would give the same protection. Mr. Johnson questioned whether the applicant would consider an irrigation system for the plantings along Dr. Miller’s property to ensure that the plantings receive enough water/maintain their health. Mr. Doane stated that they will consider that and pointed out that they will be obtaining their water from two separate wells on the other side of the wetlands on the far side of the roadway.
Mr. Risom questioned whether there was anything geo-thermal or LEEDS. Mr. Doane stated that he did not believe so. Mr. Risom questioned whether there is a future development plan for the Academy. Mr. Doane stated that this proposal, as far as the roadway, was designed in consideration of future projects, such as the gallery which was previously proposed. Attorney Sipples stated that they can expand on this information for the next meeting. Mr. Doane stated that Sheet 1 of 6 shows the site with four apartment buildings; he acknowledged that they would have to come back to the Commission for approval for the other two buildings.
David Bickerman, stated that he is in favor of the school but is not in favor of the plan. He noted that he does not understand the perspective ownership. Mr. Bickerman stated that he is not against the development in principle but as it stands today he has specific concerns in regards to septic, water and aesthetics.
Attorney Sipples stated that it is understood by him that there will be separate ownership of the buildings/land and a lease agreement with the Academy. Mr. Doane stated that the thought is to subdivide the property by conveying 12.5 acres to build the apartments on a private parcel. He explained that if they did not pursue the subdivision they would propose a condominium type of ownership.
Jeffrey Miller, Lyme Street, asked if the Public Hearing would be continued and if he would have another opportunity to speak. Chairman Cable indicated that it would be continued and he would have a future opportunity to speak at the continued Public Hearing.
Dr. Miller stated that he has several concerns for both himself and the neighborhood. He stated that he is concerned about the character of Lyme Street and the current balance of commercial, schools and residences that they enjoy, noting that after 5:00 p.m. Lyme Street is all residential. Dr. Miller stated that he is concerned that the nocturnal habits of college students will change that forever and it is placing the proximity of college students to the middle schools students.
Dr. Miller pointed out his well on the edge of his property and expressed concern for it. He noted the retention pond and the roadway will affect the quality of his water as well as the volume. Dr. Miller stated that he is also concerned that the retention pond will breed a mosquito problem. He noted that increasing the run-off of water onto his property is a concern. Dr. Miller stated that having the road cross the wetlands is a concern. He noted the road’s proximity to his property and questioned why it could not be moved farther away to give him a little buffer. Dr. Miller noted the curve in the roadway and indicated that it would lead to car lights shining onto his property as they leave the dorms. He stated that he feels this project will devalue his property. Dr.
Miller stated that this is a zone change. Chairman Cable stated that it is a use change. Dr. Miller stated that he has paperwork that shows that they have not completed their improvements and the paperwork states that if they do not the approval expires. He indicated that this is now a residential use because it has reverted back to what it was previously. Dr. Miller stated that he believes they are back to square one and this is a change in zoning. He noted that the original approval has expired.
Dr. Miller stated that he is concerned about assurances. He told of the Bice’s experience when the Academy constructed a building abutting their property they received a letter, which he submitted for the record. Chairman Cable questioned what would constitute an assurance in Dr. Miller’s mind. Dr. Miller stated that he would like to walk the perimeter with the applicant to see exactly where the road will be, the limits of disturbance, etc. Mr. Doane stated that he would be very happy to walk the property with Dr. Miller.
Dr. Miller stated that he believes the students will drive to school and believes the number of cars will severely impact his property. He indicated that he is also concerned about lighting. Chairman Cable stated that lighting will be part of the plan and will be reviewed next month. Dr. Miller stated that he would like the opportunity to speak again next month after he has had the opportunity to review the plans.
Nancy Bickerman, 76 Lyme Street, stated that she is opposed to the project. She indicated that she has taught at the University level for 11 years and is very familiar with how students act in a dormitory. She indicated that she is opposed to having dorms on Lyme Street.
Hearing no further comments, Chairman Cable asked for a motion to continue the Public Hearing.
A motion was made by John Johnson, seconded by Tom Risom and voted unanimously to continue the Public Hearing for the 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 six, two bedroom apartments on property located at 77 Lyme Street, Lyme Academy College of Fine Arts, Inc., applicant, to the October 12, 2011 Regular Meeting.
2. Petition to Amend the Zoning Regulations, 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 (all pertaining to seasonal/year-round use) and Section 7, Accessory Uses, Buildings and Structures (pertaining to reduction in setbacks for sheds), Town of Old Lyme, applicant.
Chairman Cable stated that the Planning Commission unanimously disapproved the proposed Regulation Amendment. She noted that because of this, the Zoning Commission will need a super-majority or 4 of 5 votes to pass it.
Chairman Cable stated that with the exception of changing setbacks for sheds, the amendment removes seasonality from the Zoning Regulations. She explained that copies of the Amendment have been available at the Town Hall for two weeks. Chairman Cable asked if First Selectman Tim Griswold had any comments and he replied that he did not.
Ms. Marsh read the list of exhibits for the record.
Chairman Cable asked anyone in the audience who wished to speak to come forward and asked that they limit their comments to three minutes.
Dick Ouellette, 27 Osceola Trail, questioned the Planning Commission’s decision and the number of votes required by the Zoning Commission. Chairman Cable read the Planning Commission’s letter. Chairman Cable pointed out that there is a process for converting from seasonal to year round use. She noted that one of the problems is that the current Regulations require 10,000 square feet of land.
Richard Kingston, 12 Old Colony Road, stated that his situation is he applied for conversion and was turned down because he does not have the required 10,000 square feet of land. He noted that his property complies with water, septic and building. Mr. Kingston stated that his neighbors down the street are able to convert without 10,000 square feet because they were part of the lawsuit and therefore has rights that he does not have.
Harry Plant, 53 Breen Avenue, stated that he was at the Planning Commission Meeting and noted that they were concerned about the application and felt it might be inadequate; and the second thing they thought was that Zoning was just sidetracking the issue. He noted that part of their reason for denying was so that the Zoning Commission would have to be more definitive in their actions.
Joe Kelly, 27 Seaside Lane, stated that he is legally a year round resident. He noted that there has been a concern in Town for a long time that if the year round process was legalized that it would be a burden on the school system. Mr. Kelly stated that he does not believe that would happen. He noted that his taxes are $13,400.00 per year. He noted that taxes that large should allow him to be a year round resident of the Town.
Doug Whalen, 41 Old Colony Road and President of the Old Colony Beach Association, stated he has the same taxes as everyone else in Town and it is hard to hear the Town tell you that you don’t have the right to live in your property all year long. He noted that the Commission can’t consider the impact on the schools. Mr. Whalen stated that the beach people love Old Lyme. He urged the Commission members to vote yes.
Dick Ouellette, 27 Osceola Trail, question what has happened to the applications taken in a year and a half ago that have not been acted upon. Chairman Cable indicated that the Town has until September 30, 2011 to send those decisions to the homeowners. Attorney Knapp noted that if the Amendment is approved, no letters will need to be sent out.
Bob Sirkin stated that he and his wife are plaintiffs to the settled class action lawsuit. He stated that the disputed 10,000 square foot code does not apply to Point ‘O Woods because they just spent millions installing sewers and year round water. He noted that Health Codes don’t apply to this beach area, yet the Town is trying to deny them their constitutional rights. He stated that the Town lost in their attempts to stop Point ‘O Woods from installing sewer and water and they will lose again on this issue.
Bonnie Reemsnyder stated that she has had the luxury of sitting in on some of the Executive Sessions and understands what the Commission is up against. She indicated that she understands why some of them don’t want to let go of seasonal dwellings. Ms. Reemsnyder stated that she looks back at the years of litigation that used so much time, energy and money and affected the community as a whole. She indicated that by voting yes on this tonight the Commission will start the healing of the community as a whole and let people move forward. She noted that the Town has had enough litigation and urged the Commission members to vote yes and let people apply to the Health and Building Departments to convert.
Scot Boulanger, Federation of Beaches, applauded Ms. Reemsnyder’s comments and said it was the first time someone from the Town has spoken in favor of the beach residents. He noted that the amendment makes sense and noted that he does not believe the school system will be affected.
George Finley, 68 Saltaire Drive, stated that he has been a resident here for 66 years. He noted that this is a great time for the Zoning Commission and the Town to start the process of goodwill to bring the Town together. He indicated that if it is not approved, the litigation will go on for years and no one wants that.
Eric Knapp stated that the point is to speak about the application before the Commission this evening and it is not appropriate to discuss past, present or future litigation. He noted that litigation does not go to the merits of this application.
Paul Motta, 6 Old Colony Road, stated that his parents had two markets in Town and he wants to come back to his roots and live here full time. He noted that he will do what he needs to do to comply with Regulations.
Stanley Livingston, 24 & 26 Old Colony Road, stated that he has two properties and noted that 26 Old Colony is not year round because the deck is too close to the septic tank. He urged the Board to vote in favor of this and noted that the beach people will do what they need to in order to get their homes year round.
Skip Sibley stated that he has worked with Sound View Beach Community over the last eight years. He stated that as noted tonight there is a case pending and has encouraged the Zoning Commission to move forward with the amendment. Mr. Sibley stated that he has provided information to the Commission on what the Town of Old Saybrook has recently done in the same situation. He indicated that enough has been spent on lawyers.
Tim Griswold, First Selectman, stated that everyone values the seasonal residents as part of the Town. He noted that the issue is not just seasonality but one has to look at the physical characteristics of the properties. He noted that he is concerned about water. Mr. Griswold noted that the Point ‘O Woods sewers pump water out of Old Lyme. He noted that if the Zoning amendment passes, the building and health codes will prevail as far as allowing conversion to year round. Mr. Griswold stated that he feels the problem should be solved once and for all as far as the Zoning Regulations are concerned and then the Town can rely on the Building and Health Regulations. He stated that the Town needs to move on and get this behind them.
John Montanaro indicated that he grew up a summer kid here before moving here full time. He noted that he is a Realtor and many times had to find out if a house was seasonal or year round. He noted that it was difficult at best. Mr. Montanaro stated that there is a problem in Town with cesspools which is a health issue. He indicated that the amendment will take the burden off the Zoning Commission. Mr. Montanaro urged the Commission to vote yes.
Hearing no further comments, Chairman Cable asked for a motion to close the Public Hearing.
A motion was made by John Johnson, seconded by Pat Looney and voted unanimously to close the Public Hearing on the Petition to Amend the Zoning Regulations, Town of Old Lyme, applicant.
The Public Hearing adjourned at 8:55 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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