OLD LYME ZONING COMMISSION
PUBLIC HEARING
Monday, October 12, 2011
The Old Lyme Zoning Commission held a Public Hearing on Monday, October 12, 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, and Ted Kiritsis (Alternate). Also present was Ann Brown, Zoning Enforcement Officer.
Chairman Cable called the Public Hearing to order at 7:32 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.
Mr. Johnson read a letter from David Bickham, 76 Lyme Street, indicating his surprise that Mr. Johnson participated in the September Public Hearing for Lyme Academy due to the fact that Mrs. Johnson came to his home to show him the Academy’s plans. Mr. Bickham stated in his letter that he believes Mr. Johnson should recuse himself because his wife is the President Elect of the Lyme Academy Board and is an advocate of the project.
Mr. Johnson stated that he will not recuse himself because he does not believe there is a conflict of interest. He indicated that his wife has every right to advocate for the Lyme Academy and he knows that neither of them have a financial interest in the project. He indicated that he would be happy to appear before the Board of Ethics if Mr. Bickham would like him to do so.
Ms. Cable read an email from Mrs. Johnson indicating that she is not the President Elect as the Trustee Committee has not met nor has the Board, and they do not meet until the end of October.
Mr. Johnson pointed out that Mr. Bickham indicates in his letter that the Lyme Academy is seeking a variance and noted that they are not, they are seeking a Special Permit. He clarified that a variance application would be heard by the Zoning Board of Appeals.
Ms. Marsh read the list of exhibits submitted since the September 12, 2011 Public Hearing.
Henry Resnikoff was present to represent Lyme Academy Apartments LLC, the designated developer for the Lyme Academy College of Fine Arts. He introduced Deborah Petkey, President of the Academy; Peter Sipples, Attorney, Bob Doane, Civil Engineer; Richard Snarski, Wetlands Expert and Soil Scientist recognized throughout the State; Andy Graves, Architect from BL Companies; and Joe Ginero, Mr. Resnikoff’s development partner.
Ms. Petkey explained that it was part of the original vision for the Academy to have housing for both students and faculty. She noted that Lyme Academy is the only Art School without housing and indicated that housing is a critical factor to the school’s growth and a central focus of the school’s strategic plan. Ms. Petkey stated that the school’s plan embraces the artistic heritage of Old Lyme but also encourages “nurturing art and artists both present and future.” She indicated that part of this should be housing for Art Students in the Historic District. Ms. Petkey stated that they employ over 50 people and these people, their families and visitors put millions into the local economy every year. She indicated that the Academy has been a good neighbor and in 35
years there has never been an incident on campus. Ms. Petkey stated that in her four years as President she has never received a phone call from the community complaining about a student’s behavior and believes she can say the same of her two predecessors. She indicated that the students value the bucolic nature of Old Lyme and appreciate living and going to school here.
Mr. Resnikoff stated that he is a partner in the development and that he has been a resident of southeastern Connecticut his entire life, with the exception of a time in Washington, DC, working for the Federal Government. He explained that he and Mr. Ginero are real estate developers; this is a private endeavor. Mr. Resnikoff stated that the Colleges and Universities do not have the capitol to construct housing so they are allowing private developers to come in and take the financial risk. He noted that the relationship with the Academy is unique in that they can control who lives in the apartments. Mr. Ginero stated that the Academy will control the units but he and his partner are taking the financial risk.
Phil Ginero, partner, stated that he has been a real estate developer for the past thirty years in the State of Connecticut. He indicated that over the past five years they have constructed some student housing and done well with it; one at Sacred Heart University that consists of 33 units and 176 students; one at Western Connecticut State University in Danbury with 36 units and 160 students; and one under construction at this time adjacent to Southern Connecticut State University in Hamden with 30, 4 bedroom units housing approximately 125 students.
Mr. Ginero explained that they constructed, own and operate these apartments. He noted that they have their own in-house personnel and each site has an on-site manager to handle to the day-to-day maintenance issues. He indicated that they also employ their own security personnel and these people are typically police or probation officers. Mr. Ginero stated that in the three years that the Sacred Heart apartments have been open there has not been an arrest. He indicated that the Western apartments just opened this year. Mr. Johnson stated that security is a major concern. He questioned whether there were burglar alarms. Mr. Ginero replied that there are not. He explained that they have security officers in Danbury five nights and week and at Sacred Heart four nights a week to
monitor the students. Mr. Ginero stated that the facilities at Sacred Heart and Western Connecticut have security cameras in the parking lot and hallways. He noted that the maximum number of occupants in Old Lyme will be 24 students.
Ms. Cable questioned whether the master lease between them and the Academy would be made part of the record. Mr. Resnikoff stated that they consider that proprietary information. Ms. Cable stated that many people would like to know how they can be sure that these apartments won’t become public housing. She suggested that they could submit the lease without the portions of proprietary information as part of the record. Mr. Resnikoff stated that he would discuss that with Mr. Ginero and noted that they do not have the lease with them this evening.
Bob Doane, PE and Licensed Land Surveyor, stated that he has incorporated all the comments received in the past few weeks and indicated that he would review them for the record. He indicated that he spoke with Dr. Miller and the result of that discussion is reflected in the landscape plan.
Mr. Doane stated that Mr. Metcalf’s review comment resulted in dropping the roadway down so that it now follows the grade of the field. He noted that the roadway and sidewalks will slope north to south and draining into the field. Mr. Doane explained that by doing this they were able to eliminate the curbing and all the formal drainage from Lyme Street all the way through to the wetland crossing.
Mr. Doane stated that the Historic District Commission felt that the aggressive number of street trees at the entrance would bisect the fields, so at their suggestions they have eliminated the trees on the southern side of the roadway and have reduced the number of trees on the northern side of the roadway. He noted that they will supplement the existing vegetation.
Mr. Doane stated that they are now proposing a bridge over the wetlands crossing. He distributed copies of the proposed bridge. Mr. Doane explained that there will be an abutment on each side and will be out of the wetlands. He indicated that the roadway is located 40 feet from the property line and the buildings are located 75 feet from the property line. Mr. Doane stated that the building is now 6 feet longer and 4 feet wider so he has adjusted the location on the site plan. He stated that they are looking for relief from 100 feet to 75 feet on the setback because of the wetlands and the topography of the site and is asking for a 10 foot reduction in setback for the roadway by the school and Dr. Miller’s property because of the wetlands and also because of trees they are trying to
preserve. He indicated that the road location is also dictated by the building location.
Ms. Marsh questioned the roadway setback. Attorney Sipples stated that the Regulations state that no roadway for a multi-family project shall be located within 50 feet of the multi-family project boundary line. He indicated that the project boundary line is the entire 39 acres.
Mr. Doane stated that the buildings have been rotated slightly and now have one car garages instead of two-car garages. He indicated on the site plan where he has put parallel parking to make up for the 12 garage parking spaces that were eliminated; they now have a total of 69 parking spaces on the site, including two handicap spaces.
Mr. Doane submitted landscaping plans revised through 10-12-11. He stated that the overflow parking is shown on the plan as requested. Mr. Doane noted that it has been graveled.
Mr. Looney stated that some of the radius are tight. He questioned whether the equipment of surrounding Towns can make some of these radiuses. Mr. Doane stated that the radiuses are designed for a 40 foot truck. He indicated that a larger truck could get in going the wrong way on the one-way.
Mr. Doane stated that the curbing begins at the bridge and will be bituminous.
Mr. Doane stated that he spoke with Dr. Miller and he initially said he would like sections of fence but has since decided he would like a fence the entire length of the property. He explained that the fence will be on Dr. Miller’s property and will belong to him; he noted that it will be six feet high and stops 50 feet before Lyme Street. Ms. Brown stated that Dr. Miller called her this afternoon and stated that he had discussions with Mr. Doane and felt that everything would be resolved shortly.
Mr. Doane submitted the revised architectural drawings dated 10-12-11. He indicated that 40 percent of the 39.2 acres will be open space. Mr. Doane stated that 2/3’s is wetlands and 1/3 is high ground. He stated that he believes there will be conservation easements rather than turning the land over to the Town. Mr. Doane submitted the open space plan.
Mr. Resnikoff stated that the school and the Academy have agreed to an easement and it should be official after the Facilities Meeting tomorrow evening. He noted that it will be a second egress for the school and will be gated.
Andy Graves, Architect, explained the architectural plans. He noted that each unit will have two bedrooms on the second floor. Mr. Graves explained at the end of the building there are two stacked units that are handicap accessible units. He explained that there will be a half story of storage above the second floor of the townhouse units. Mr. Graves noted that this storage area will be finished but cannot be used as a bedroom. He pointed the main entrances to the buildings and noted that they are at grade. Mr. Graves stated that the architecture is very traditional. He noted that the exterior of the building will be gray. Mr. Graves stated that they have not decided yet on whether they will have heat pumps or heat with LP gas. He indicated that they will do whichever
will be most cost effective for the residents.
Attorney Peter Sipples stated that they will redact the financial information in the lease and bring it to the next meeting, as requested by Ms. Marsh. He stated that he believes they have met all the Regulations. Attorney Sipples stated that under Connecticut Law, the project should be approved if it meets all the standards. He stated that they meet all the zoning standards; he noted that the Plan of Development for the Town specifically calls for housing for Lyme Academy students; there are no traffic issues; there is suitability for emergency access; there is 600 or 700 feet separating buildings from other residences; and they have preserved the wetlands and will not be disturbing them due to the bridge construction. Attorney Sipples requested that the Board provide any questions or concerns so
that he may address them at the next meeting.
Mr. Doane noted that the roadway for this project will provide access to the overflow, graveled parking lot.
Ms. Petkey stated that Lyme Academy has contributed significantly to the quality of life in Old Lyme for 35 years and want to continue to nurture future artists and provide them housing. Ms. Cable stated that the applicant did a lot of work to accommodate concerns expressed last month.
Tim Griswold, 13 Griswold Point, stated that he is not here as First Selectman but rather as an individual. He indicated that he has had a long and favorable relationship with the Academy. Mr. Griswold stated that those who have been privileged to be associated with the Academy have seen the work of these students. He indicated that the Academy now is a degreed institution. Mr. Griswold stated that now the students live in various homes throughout Town which typically requires a vehicle which they may not have. He noted that the young people could be on campus and experience the college life. Mr. Griswold stated that there are many people that have taken courses in their retirement years at the Academy. He indicated that in order for the college to continue it needs to fill the
void of not having a suitable environment for students, especially the younger students. Mr. Griswold stated that now that Lyme Academy is a college the Town receives $50,000.00 from the State of Connecticut; he noted that the apartments will add to the tax base. He indicated his support for this project as he believes it is vital to the college.
Chris Flaherty, student at the Academy currently living in Griswold, indicated that he looks forward to the housing development. He indicated that it will be a beneficial part of the college experience.
Sue Joffrey, 14 Otter Rock Road, stated that she purchased the house in 1987 for the shore. She indicated that she then discovered the Academy. She indicated that she is a student and is on the Board. Ms. Joffrey stated that she sees kids biking to the school from the beach area. She indicated that housing is needed. Ms. Joffrey stated that the students are a dedicated group; she indicated that it is not a party school.
Nancy Gladwell, Mile Creek Road, stated that she teaches at the Academy. She knows of two freshman this year that bike from Point ‘O Woods. Ms. Gladwell indicated that this is a hardship for them and housing is needed.
Chairman Cable stated that the Public Hearing will be continued because they are still waiting for a response from the Wetlands Commission.
A motion was made by John Johnson, seconded by Pat Looney and voted unanimously to continue the Public Hearing for the Special Permit Application and Municipal Coastal Site Plan Review Application to permit construction of 2 multifamily buildings for the initial phase of a four 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, to the November 14, 2011 Regular Meeting.
2. Special Permit Application to permit renovation and an addition of a carport to a single family residence on property located at 2 Meetinghouse Lane, which is in the Connecticut River Gateway Conservation Zone, where the existing dwelling is in excess of 4,000 square feet, Marcia McLean and Peter R. Lasusa, Jr., owners. Applicant requests, in accordance with Section 4.10.12.1 of the Zoning Regulations, an Exception to the Special Permit process.
Ms. Marsh read the legal notice for the remaining Public Hearings, for the record. She also read the exhibit.
Joe Wren, PE, was present to represent the applicants. He indicated that the certified mail receipts were returned. Mr. Wren stated that the structure is greater than 4,000 square feet and located in the Conservation Zone. He noted that they have received a variance from the Zoning Board of Appeals for the setback. Mr. Wren stated that the house is located just shy of one mile from the Connecticut River. He indicated that the property is also located in the Coastal Area Management Zone and in speaking with Ms. Brown she felt it would be exempt from CAM because it is a minor project.
Mr. Wren explained that the current structure is a simple, one and a half story home. He displayed photographs and noted that the structure is in need of some modernization and improvement. Mr. Wren stated that one can see from the architectural drawings that the proposed design will fit in nicely with the Town of Old Lyme. He noted that there will be no addition to the size of the home, although it will be completely renovated on the existing foundation, 39’ x 80’. He noted that the existing two car garage will be converted to living space and a 24’ x 24’ carport will be added to the left-hand side of the home. Mr. Wren pointed out that the Zoning Data Table shows that the proposal meets all the requirements except for the narrow street front setback for which they
have received a variance. He noted that the Conservation Zone allows 10 percent coverage and the property is at 4 percent.
Mr. Wren stated that the existing driveway pavement will be removed and replaced with pavers. He noted that Torrence Downes reviewed the proposal several times because of a question on how to measure height. Mr. Wren stated that the ground drops off drastically in the rear. He submitted Mr. Downes’ email clarifying the height measurement and noting also that the Zoning Commission may waive the Special Permit process as the house is so far from the Connecticut River. He noted that Mr. Downes did caution that they not cut down trees that are not required to be for the construction of the carport.
No one present spoke in favor of or against the application. 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 for the Special Permit Application to permit renovation and an addition of a carport to a single family residence on property located at 2 Meetinghouse Lane, which is in the Connecticut River Gateway Conservation Zone, where the existing dwelling is in excess of 4,000 square feet, Marcia McLean and Peter R. Lasusa, Jr., owners.
3. Special Permit Application to permit the construction of 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.
Ms. Marsh read the exhibit list for the record. Angus MacDonald was present to represent the applicant. He submitted the certified mail receipts, the approval from the Department of Environmental Protection, the approval from the Army Corps of Engineers and acknowledgement from the Harbor Commission that it adheres to their plan.
Mr. MacDonald stated that the Renault’s purchased the property in 1989 and at the time there was a dock. He explained that in 2007 the DEP issued a notice of violation and the Renault’s removed the dock. Mr. MacDonald stated that they would now like to get approval for a new dock. He explained that the length of the boardwalk is required to get across the grass. Mr. MacDonald stated that there are four surrounding properties that have docks, three of which are longer than the one the Renault’s are proposing.
Mr. MacDonald stated that there will not be electricity on the dock. He explained that some of the posts will be installed by a barge and others will have to be hand dug.
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 John Johnson, seconded by Pat Looney and voted unanimously to close the Public Hearing for the Special Permit Application to permit the construction of 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, to the November 14, 2011 Regular Meeting.
4. Special Permit Application to permit an accessory apartment on property located at 136-1 Neck Road, H. Michael Schaefer, applicant/owner.
Chairman Cable stated that the applicant has requested that the Public Hearing be opened and continued to November 14, 2011.
A motion was made by J. Johnson, seconded by P. Looney and voted unanimously to continue the Public Hearing for the Special Permit Application to permit an accessory apartment on property located at 136-1 Neck Road, H. Michael Schaefer, applicant/owner, to the November 14, 2011 Regular Meeting.
The Public Hearing adjourned at 9:28 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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