OLD LYME ZONING COMMISSION
PUBLIC HEARING
Monday, January 14, 2013
The Old Lyme Zoning Commission held a Regular Hearing on Monday, January 14, 2013, 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 (Regular Member), Ted Kiritsis (Alternate, seated) and Harland Frazier (Alternate).
Also present: Ann Brown, Zoning Enforcement Officer.
Chairman Cable called the Public Hearings to order at 7:33 p.m.
1. Special Permit Application to allow renovation and modification of an existing convenience store building and minor reconfiguration of the existing parking lot; expansion of the existing retail convenience store space into the area currently occupied by (3) automobile repair bays. A walk in cooler will replace the existing shed at the rear of the building and a new 227 s.f. addition will be built at the west side of the building; there will also be a food take out use, in accordance with Sections 9.4 and 5.10.3 of the Zoning Regulations, on property located at 85 Halls Road, CPD Energy Corp., applicant.
Ms. Marsh read the Legal Ad as published in the New London Day. She also read the Exhibit List for the record.
Mr. Smith, along with Scott Parker, Chris Jett, and Rob Neshow with MDM Traffic Consulting were present to represent the applicants. Mr. Smith presented the green cards from the mailing. He noted that the canopy and gas pump are staying, along with the existing tanks and existing building. Mr. Smith stated that this was not clear to some people. He explained that the gas station has been in existing since the 1960’s or 70’s and the property is in need of a renovation. Mr. Smith noted that the three bay garage currently has a 150 sq. ft. cashier area with some convenience store items. He stated that this has worked for many years but does not work anymore. Mr. Smith stated that the trend for filling stations that is profitable now is one with a convenience store.
He noted that they would like to take the three existing bays and make them retail space with a portion of that being a coffee donut area. Mr. Smith stated that the septic design is based on a dunkin donuts but at this time he cannot say whether it would be a dunkin donuts or not. He explained that they require a special permit because the triangular shaped site has some pre-existing nonconformities such as a 60’ front setback which is tough to meet on a property such as this. Mr. Smith stated that under Section 9.4, one can change or expand a nonconforming use as long as you can demonstrate that you are improving the site and not making anything more nonconforming. He pointed out that the 227 sq. ft. building addition is within the allowable setback and everything else will remain the same. Mr. Smith noted that they are reducing lot coverage.
Mr. Smith stated that some of the improvements they are making are to eliminate the service bays and which eliminates a lot of environmental hazards and noise. He noted that they will also be organizing the parking and noted that at this time there is no striping and people park on the State right-of-way. Mr. Smith explained that their plan is to put in curbing and define the parking areas, along with islands that have plantings. He stated that the dumpster will be screened and relocated to the back side of the property. Mr. Smith stated that they are upgrading the septic system and have designed a system for this type of use. He stated that Mr. Metcalf commented on the well which is a public well and are going through a recertification process with the State. Mr. Smith noted that in
they are upgrading the siding, along with new wide trim and crown molding, including the small addition. He indicated that it will match the office building next door. He explained that through the process they have been in touch with staff and understand that traffic is a concern so they contracted with Rob Neshow, traffic consultant, who will review and turn in a traffic report for the record.
Robert Neshow, managing principle of MDM Transportation Consultants based in Marlborough, Massachusetts and Professional Engineer for over 20 years indicated that he is very familiar with this type of facility. He distributed six copies of the traffic memorandum which he noted is not intended to serve as a comprehensive traffic study but contains elements of one. Mr. Neshow stated that Halls Road carries between 8 and 9 thousand vehicles per day on average. He noted that the summertime condition is on the order of 14,000 vehicles per day. Mr. Neshow stated that the site currently has 40 to 50 trips per hour which is consistent with the industry standard of a gasoline/service station. He explained that in 2006 there was an application for this site and the traffic numbers at that time
are consistent with the numbers he is presenting. Mr. Neshow stated that converting the site to a retail operation with gas pumps is likely to jump the traffic to 70 transactions per hour. He stated that the coffee area will increase the transactions per hour another 30, for a total of 100 transactions per hour, which converts to about 10 percent of the existing street volume. Mr. Neshow stated that 14,000 vehicles per day travel Halls Road in the summertime which is half the volume of vehicles where this type of operation is typically located; he noted that they are typically located on roads that carry 20,000 vehicles per day. Mr. Neshow explained that he owns a facility that is very similar to what is proposed here and it is located on a road that carries 24,000 vehicles per day. He indicated that that facility has 100 customer transactions per hour. Mr. Neshow stated that they have estimated what portion of that traffic would be new traffic
to the roadway. He indicated that the coffee/donut component generates nearly 90 percent of its business as a pass-by component, meaning people do not make a trip there for the sole purpose of getting coffee, but rather 9 out of 10 are already on their way to another destination. Mr. Neshow stated that the convenience portion is 60 to 65 percent pass-by traffic. He explained his traffic chart, noting that they subtracted out the trips that are already occurring each day on the site and accounted for the pass-by component. Mr. Neshow stated that the net traffic increase is between 8 and 12 transactions per hour. He explained that the volume of traffic will double per hour. He clarified that this includes the people that already driving by so although they are now stopping, they are not new traffic to Halls Road.
Mr. Neshow stated that these numbers correlate to the busiest times of 7-9 a.m. and between 4-6 p.m. He indicated that these are the commuter hours. Ms. Marsh questioned whether the traffic counts were documented. Mr. Neshow stated that the counts were done on Halls Road in February 2009. Ms. Marsh stated that traffic gets off 95 to go to this station and goes right back onto 95 and this traffic is not seasonal. She indicated that she is not sure that counting Route 1 traffic really picks up the traffic that exists. Mr. Neshow stated that Route 1 has a wider seasonal swing so they took the approach that Route 1 is indicative of the seasonal swing. He indicated that the numbers are presented by CONN DOT. Chairman Cable stated that Ms. Marsh is stating that there are
extra trips that will be generated from the highway to go to a convenience store/gas station. Ms. Marsh stated that the site is small and there are very few parking spaces and 100 people per hour seems incredible for the amount of space on the site. Mr. Neshow stated that the 100 transactions per hour is more typical of a site that carries 20,000 vehicles per day which is a lot more than Halls Road. He stated that they have accounted for the additional activity from I-95 in the 100 transactions per hour. Mr. Neshow stated that 67 trips would be convenience or gas and the other 33 would be coffee. He noted that the parking demand would be 15 to 17 vehicles maximum, with the industry standard being 17. Mr. Neshow stated that they are proposing a total of 21 formal parking spaces; he noted that there is existing curbside space which is available. Mr. Kiritsis questioned whether they have considered traffic trailers that will stop at the
convenience store. Mr. Neshow stated that he is not familiar with the visibility of the site traveling from the east; he indicated that he could not see it coming from the west. Mr. Kiritsis stated that the truckers will know it is there without seeing it. Mr. Neshow stated that he works with professional truckers all the time and he does not believe the site is conducive to tractor trailers. Mr. Kiritsis stated that they will park along Halls Road.
Chairman Cable stated that the 2005 traffic survey provided this evening is indicated as adjusted. She questioned what it is adjusted to. Mr. Neshow stated that the numbers were counted in December 2005 and adjusted 13 percent. He noted that this survey was done by Barkin and Mess for the prior application on this property. Mr. Neshow stated that the proposal will have minimal new impact to the existing street but a large increase for this property.
Ms. Cable stated that the increase in the summer seems greater than 35 percent. Ms. Cable stated that the two lights exacerbate this. Ms. Marsh stated that the traffic on Route 1 is not indicative of the summer increase. She noted that she uses that gas station currently and there seems to be a lot of cars there all the time, some just talking on their cells phones. Mr. Neshow pointed out that the process at the site is not formal now. He noted there will be two entrances and two exists, as there currently are. Mr. Neshow stated that the site currently appears unmonitored. He noted that there will be 21 parking spaces. He noted that they are not counting the parking spots at the pumps to meet the Zoning Regulations, just noting that they are used by people that get gas that
will also go inside to use the convenience store. Mr. Johnson stated that a new L&M facility on Huntley Road will have approximately 100 employees and this traffic must be considered also. Mr. Kiritsis stated that data should have been used from Flanders Road in East Lyme or from Old Saybrook; he indicated that the data from the Route 1 station near East Lyme is not indicative of the traffic that is on Halls Road. Mr. Neshow stated that they could look at data from other stations.
Mr. Neshow addressed Mr. Metcalf’s letter: He stated that Mr. Metcalf discusses signage and radii adjustments. He indicated that they would accommodate these comments. He indicated that there is perimeter chain link fence around the back area which they plan to remove as well as the existing stockade fencing. Mr. Neshow stated that there will not be any mechanicals on the roof; presumably the removal of the shed and constructing an addition is permitted within the Zoning Regulations. He noted that the existing shed is butted up against the building and is existing building footprint. Mr. Neshow stated that they are making this storage shed a storage cooler but are integrating it as part of the building and would like access from the inside. He stated that Mr. Metcalf points
out that some of the curbing improvements are within the State right-of-way and indicated that they are aware that the project will require DOT permitting. Mr. Metcalf commented in his letter that the parking space abutting the north side of the building is crowded. Mr. Neshow pointed this out on the site plan and noted that it is crowded toward the building and they can reconfigure the planting island to give the parking space more room. Ms. Marsh noted that some of the parking spaces are within the setback. Mr. Neshow stated that in every case they are keeping the existing paving line or pulling it back, making it less nonconforming. Again addressing Mr. Metcalf’s letter, Mr. Neshow stated that they will specify the seed mix on the plan and also a note indicating that where planting islands are shown on the plan, the pavement below will be removed. Mr. Neshow pointed out the grassed areas on the site plan. He stated that they will
add entrance/exit signs along Halls Road; they will add a benchmark on the construction drawings. Mr. Metcalf stated that the anti-tracking pad may not be necessary at south end of building and Mr. Neshow stated that they show one because the area is not in great condition and it is a large area. Mr. Metcalf noted in his letter that the plan indicates that some field changes may be made to the grading. Mr. Neshow stated that they did not want the contractor to make grading changes so this note insures that grading changes will have to be approved by the Town. Addressing Sheet C-6, Mr. Metccalf notes in his letter that the construction sequence notes appear to conflict with the plan that the State reviews. Mr. Neshow stated that the existing the existing canopy, tanks and pumps are remaining, which is the clarification he made earlier in the hearing. Mr. Metcalf notes that the Health Department is reviewing the septic and Mr. Neshow stated that
the Health Department has submitted a letter. He noted that they have already received approval from Inland Wetlands for the portion of the leaching area in their jurisdiction. Mr. Neshow stated that the septic system was sized for public restrooms and they will be provided. Mr. Neshow stated that the existing septic system will be abandoned.
Scott Parker, CPE Energy, stated that beginning in 2001 there was well monitoring on this site. He indicated that in 2009 the report shows that the levels had dropped and they were sufficient to close the case. Mr. Parker submitted a report on this as an exhibit.
Mr. Johnson questioned the hours of operation. Mr. Smith stated that they he believes the hours of operation will remain what they currently are. He indicated that the traffic is what tells them how late to stay open.
James Reed questioned whether the use would be 24 hours a day. Mr. Johnson stated that the applicant just indicated that the Commission could set their hours of operation.
Judith Reed, Ben Franklin Road, stated that it appears to be a large use for a small property. She stated that I-95 and Route 1 traffic has increased, along with Halls Road and Route 156 traffic, and it continues to increase. Ms. Reed stated that the impact will also be felt by other local businesses. She stated that she does not think there is 24 hour police in Old Lyme and would not like to have 24 hour retail.
Don Miller, 4-1 Talcott Farm Road, stated that the presentation was poor. He indicated that the study was done at the Rustic Inn on Route 1. Mr. Miller stated that that site is 8 or 9 miles down the road. Mr. Risom stated that the survey was done at the East Lyme/Old Lyme border. Mr. Miller stated that GPS tells them to get off I-95 when it is backed up. He indicated that he has been in the rear of the building and there is sewage. Mr. Miller stated that people are saying there are no hazards but that’s because they are looking at the tanks. He said spill accidents happen. Mr. Miller stated that there have been half-truths stated and he hopes the Board considers that. He indicated that he is concerned because he is concerned about the deterioration of Halls Road
and questions the overall plan for Halls Road. He noted that there will be a new L&M facility with 100 employees and patients. Mr. Miller stated that there will be increased traffic on both Halls Road and Huntley Road. He asked the Board to consider the plan for Halls Road.
Sloan Danenhauer stated that it is valid to consider when the gas truck will fill the tanks. He indicated that that will jam things up. He questioned whether there would be a sign on I-95 advertising this station.
Howard Gould stated that he practices law in Old Saybrook and lives in Old Lyme and goes by this site every day on his way to work. He stated that he is representing the Ennman’s this evening. He indicated that he has spoken to many businesses in Town. Attorney Gould stated that the application is being brought under Section 9 which pertains to nonconforming structures. He noted that a convenience store use is not permitted as right in this zone and must be done by Special Permit and the standards applicable to both must be met. Attorney Gould stated that under a Special Permit it must be harmonious with the Town. He indicated that Old Lyme is unique and has a Plan of Development which specifically states that they are trying to separate themselves from I-95. Mr. Gould
stated that Old Lyme is unique in that it has two major roads and very few ways to get from one to the other when Halls Road is blocked. He submitted a packet containing some photographs. Attorney Gould stated that parking near the street and walking across the pumps is not how these types of operations are configured. He showed two photographs where the cars are parked up against the store, which he stated was typical. Attorney Gould stated that tractor trailers could access the site by parking along the street or using another plaza’s parking. He displayed a few photographs of such. Attorney Gould stated that making a left turn into the convenience store will back up the traffic behind the vehicle. He showed a photograph of a gas truck delivering fuel and showed how it basically blocks the site. Attorney Gould stated that he could not find another convenience store where traffic has to go through the convenience pumps.
He noted that the loading area is at the street and no one will use this spot for loading.
Patrick Looney, owner of Koffee Works, stated that box trucks and landscaping trucks will access his site. He noted that he is concerned about increasing crime as it is an easy on and off I-95. Mr. Looney stated that he would like to keep the rural character of the Town. He submitted a copy of a petition signed by townspeople.
Tom Kutoka, 25 Library Lane, strongly opposed this application. He indicated that a 200 to 250 yard stretch on Halls Road already includes Big Y, Andy’s and Koffee Works and this would be a redundant business. Mr. Kutoka stated that this will jeopardize other businesses and add to the deterioration of another site on Halls Road.
Ann Kutoka, 25 Library Lane, questioned the owner of the building. Chairman Cable stated that it is CPD Energy Corporation. Ms. Kutoka stated that the building is being changed and the intent is perhaps to change its purpose. She indicated that the data presented showed a small increase in traffic, which could not support a massive transformation of the property. Ms. Kutoka stated that she is concerned about the increase in traffic from the L&M facility in addition to this. She indicated that she enjoys walking along Lyme Street and would like to be able to walk to the Big Y. Ms. Kutoka stated that Halls Road is treacherous to walk down now. She stated that data collection should be done when there is an accident on I-95.
Judy Enmann, owner of Treasures and the building it is located in, stated that they are applying for the extension of an existing convenience store. She questioned when they received a permit for a convenience store. Ms. Brown replied that they did not. Ms. Enmann stated that their application is to expand an existing convenience store. Chairman Cable stated that the Commission did not grant a change of use to a convenience store. Ms. Enmann questioned whether there was a requirement that she be notified as an abutter. Chairman Cable stated that there is and the cards were collected. Ms. Marsh read the signature on the green card notifying Gladys Roberts. Ms. Enmann stated that she has power of attorney for her mother Gladys Roberts and she does not know the person who signed it, “M. Hayes-Finn.” Mr. Risom stated that Michelle works in the First Selectman’s Office. Ms. Enmann stated that the traffic issue and assumptions are not correct. She noted that Halls Road is a
parking lot many times, especially in the summer. Ms. Enmann stated that trucks and casino buses stop now and will continue to when it is expanded. She noted that it is already a truck stop because it is an easy on and off I-95.
Harry Sedgwick, 23 Ferry Road, stated that a previous speaker covered many of his points. He questioned who would benefit from this proposal. Chairman Cable stated that this is not a give and get, the Commission is considering he land use. He indicated that he resents the fact that a New York company is telling Old Lyme what is best for them. Mr. Sedgwick stated that there are plenty of other places where one can get coffee and muffins on Halls Road that would be damaged by this.
Mary Poolin, 35 year resident of Old Lyme, seconded what everyone has stated this evening. She stated that everyone who loves Old Lyme are benefited by the existing stores. Ms. Poolin stated that they do not need additional traffic on Halls Road. She stated that the residents should be able to decide what is right for them and she does not feel this is needed.
Mike Silverberg stated that the business model of a 2 to 3 bay service garage is no longer viable. He indicated that he is in the insurance business and these service garages are located all over the state and they are absolutely viable. He indicated that he insures these type of stations. Mr. Silverberg stated that he commutes south and it is a nightmare in the summer whether it is just traffic or an accident. He noted that he has frequented many convenience stores for coffee and to fill up and this particular site is a logistical nightmare. Mr. Silverberg stated that curtailing the operation to 11 or 12 at night will not eliminate incidents, things will happen. He noted that there will be an increase on the police force.
Mary Aholcum, Lyme Street, said the traffic will be a nightmare, the impact to local businesses will be large and she is against the application.
Jim Reed stated that traffic will increase. He noted that this will be a very convenient gas station for a truck. Mr. Reed stated that he does not believe Old Lyme needs this facility.
An unidentified person stated that as a business owner himself, he guarantees that there will be a sign on I-95 telling people to get off.
Andy, Andy’s Convenience Store, submitted a petition signed by Town of Old Lyme residents. He noted there are roughly 95 signatures on the petition.
Brett Hinman stated that the applicant has been letting the property deteriorate and filling shelves with convenience store items when a convenience store is not an approved use. He indicated that they could have cleaned it up before this time. Mr. Hinman questioned whether the Commission could issue a cease and desist on this property for operating a convenience store when it has not been permitted. He asked the Commission to consider the number of signatures in opposition.
Mr. Smith stated that he would like to have the Public Hearing continued to the February meeting in order to adequately address the comments heard this evening. He explained that the area of the store where convenience items are sold is the same size as it was when Jim Graybill operated the business. Ms. Marsh stated that that little area used to have vehicle related items, not food items. She stated that it has just recently morphed into that.
Ms. Marsh stated that the gas station has been in existence for a long time and she applauds their wanting to improve it. She noted that there was never approval for a convenience store use so that part of the application does not come under Section 9. Ms. Marsh stated that when you add something to the application such as a convenience store she thinks a zoning chart is in order. She noted that the convenience store use is a Special Permit.
Mr. Smith stated that CPD Energy Corp. is a small New Palz, New York, company owned by four brothers.
The Commission took a 10 minutes recess at this time.
A motion was made by John Johnson, seconded by Jane Marsh and voted unanimously to continue the Public Hearing to the February 11, 2013 Regular Meeting on the Special Permit Application for 85 Halls Road, CPD Energy Corp., applicant.
Chairman Cable adjourned the Public Hearing at 9:50 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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