OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, March 11, 2013
The Old Lyme Zoning Commission held a Regular Meeting on Monday, March 11, 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) Joan Bozek (Alternate) and Harland Frazier (Alternate).
Also present: Ann Brown, Zoning Enforcement Officer.
Chairman Cable called the meeting to order at 7:32 p.m. She noted that the members seated for the first Public Hearing, which has been continued, are Jane Marsh, Jane Cable, John Johnson, Ted Kiritsis and Tom Risom. Chairman Cable noted that the voting members for other hearings will be noted. She immediately recessed the Regular Meeting to conduct the Public Hearing. The Regular Meeting reconvened at 9:50 p.m.
1. Special Permit Application to allow installation of a 100 sq. ft. wood floating dock with hinged ramp spanning from the path head stone of the float in accordance with Section 4.3.2.a of the Zoning Regulations on property located at 258 Whippoorwill Road, Paul Carroll, applicant.
Chairman Cable noted that in addition to the Regular Members, Ms. Bozek will be seated for this item.
A Motion to GRANT was made by John Johnson and seconded by Jane Marsh, as follows:
Whereas, the Zoning Commission has received an application for Special Permit and a Municipal Coastal Site Plan Review Application dated January 10, 2013 with a Narrative dated January 10, 2013, 8 ½ x 11 maps (Location Map, Coastal Resource Map, Shellfish Concentration Map, Flood Map and Tax Assessor Map); CT DEEP Permit Application No. 201206327-SB and Approval Registration from CT DEEP, Appendix A and Appendix B which includes Permit Notice and 5 photos; Survey prepared by Richard W. Gates Land Surveyor “As-built Pool House on land of Paul H. & Jeanne K. Carroll, 258-1 Whippoorwill Road” dated Oct. 31, 2012; Coastal Site Plan New Ramp and Float Black Hall River, dated December 14, 2012, property of Paul and Jeanne Carroll 258-1 Whippoorwill Road, Old Lyme CT Sheet
1 of 1 Prepared by Docko, Inc.
Whereas, the Zoning Commission has held a duly noticed public hearing on March 11, 2013 (originally scheduled for February 11, 2013 but postponed due to Blizzard of 2013), and the Commission has had an opportunity to hear testimony both from citizens of Old Lyme and the applicant; and
Whereas, the proposed use 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 13A and B of the Regulations.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13A, in particular that the proposed use and structures and site development are designed and arranged as follows:
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 finds that the applicant has demonstrated compliance with the General Standards of Section 4.10.3, in particular that the proposed use, buildings or other structures and site development conform to the standards of this section.
Whereas, the Zoning Commission has received comments from the Office of Long Island Sound Programs of the Department of Energy and Environmental Protection, after submitting the application materials to them for review, the Commission determines that the application and plans are consistent with the goals and policies of the Coastal Management Act;
The Harbor Management Commission at its Meeting on October 9, 2012 approved unanimously the proposal since it finds the proposed plan for the location is in conformity with the Town and Harbor Management Plan.
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
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval for Special Permit/Coastal Site Plan to allow construction of a new ramp and float on property of Paul Carroll at 258 Whippoorwill Road, Old Lyme, CT. Motion carried unanimously, 5:0.
Ms. Brown suggested moving Item 2 down on the agenda.
A motion was made by Tom Risom, seconded by John Johnson and voted unanimously to move Item 2 down on the agenda to Item 7 and renumber the agenda accordingly.
2. Special Permit Application to permit two greenhouses measuring 30’ x 84’ on property located at 146 Neck Road (a/k/a Route 156), which is in the Connecticut River Gateway Conservation Zone, Bruce Comstock and Mark Comstock, applicants/owners. Applicant to request, in accordance with Section 4.10.12.1 of the Zoning Regulations, an Exception to the Special Permit process.
Chairman Cable stated that the applicant is asking for an exception to the Special Permit because the total square footage is less than 4,000 and it will not be visible from the Connecticut River. Ms. Brown noted that the applicant exceeds 4,000 square feet, but will not be visible from the Connecticut River. Mr. Comstock stated that they submitted photographs and brought two additional photographs this evening. He noted that the two he brought this evening were taken due west from the second floor of the house towards the river.
Mr. Comstock stated that it is 7,000 feet from the property to the eastern shore of the Connecticut River and most of the land is Conservation Land. He noted that most of the land is higher than his land. Mr. Comstock stated that Mr. Metcalf indicated that there is no way the greenhouses could be seen from the river.
Chairman Cable noted that the four regular members and Mr. Frazier would be voting on this item.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously that in compliance with Section 4.10.12.1 of the Zoning Regulations, a Request of an Exception to requiring a Special Permit for two greenhouses measuring 30’ x 84’ on property located on property at 146 Neck Road (a/k/a Route 156) in the Connecticut River Gateway Conservation Zone is granted. The findings are that the proposed structure or structures will not be visible from the Connecticut River.
3. Site Plan review for 35-37 Hartford Avenue to add an outside staircase for access to second floor, Bassam Awwa, applicant.
Mr. Wissam El Zein stated that they are asking for an outside staircase for access to the second floor of the property at 35-37 Hartford Avenue in order to make the second floor a single-family dwelling.
Ms. Brown explained that the property is located in the SVVD, with a small portion of it in the R-10 Zone. She explained that the buildings are located in the SVVD and in that zone, any changes to the buildings require an architectural review. Ms. Brown stated that she performed the review as a Certified Planner. She noted that it is a modest and plain and simple structure. Ms. Brown stated that the home was converted to a two family and does not contain an interior staircase. She noted that the present owner would like to restore it to its prior single family status and to enclose the exterior staircase that was constructed without any permits. Ms. Brown explained that they have added an air conditioning compressor on the side of the house in a conforming location and an awning over
the front door, which adds greatly to the exterior of the house. She stated that it is either glass or plexi-glass with decorate metal. Ms. Brown suggested that the Commission add these two items to the Site Plan approval.
Ms. Brown noted that the lot is slightly over 15,000 square feet. She noted that the restaurant building is on the corner at 37 Hartford Avenue and the single family dwelling is at 35 Hartford Avenue. Ms. Brown noted that she received a survey from the applicant that indicates that both structures are houses and that should be corrected to note that one is a restaurant and that the two small outbuildings are sheds.
Chairman Cable noted that the four regular members and Mr. Kiritsis are voting on this item.
A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to approve the Site Plan for 35-37 Hartford Avenue, as follows:
Wherein the Commission accepted the architectural review submitted by Ann Brown, ZEO; that the awning and air conditioning condenser are approved as well as the reconstruction and enclosure of the exterior staircase.
The following are conditions to the approval: the applicant is to correct the survey to show that the two outbuildings are sheds, that the building at 37 Hartford Avenue is a restaurant and that the structure at 35 Hartford Avenue is a single family dwelling.
4. Special Permit Application to permit demolition of existing garage and construction of a new garage on same footprint per Section 9.1.3.2 on property located at 46 Saltaire Drive, Estate of Margaret O. & Norman J. Yester, owners.
A motion was made by Tom Risom, seconded by John Johnson and voted unanimously to receive the Special Permit Application for 46 Saltaire Drive, Estate of Margaret O. & Norman J. Yester and set a Public Hearing for Monday, April 8, 2013.
5. Special Permit Application to permit raising house in compliance with variance granted; install a new septic system; reduce the number of bedrooms and convert to single family house; modify the house to be more conforming in size, location and number of stories (Section 9.4) on property located at 73 Swan Avenue, Bogdan and Francine Brocki, applicants/owners.
Ms. Brown noted that this application was previously heard and approved by the Commission but the filings were not done. She indicated that the Flood Zone may have changed and they will be discussing this with their architect and may have to revise the plan or withdraw and resubmit. Ms. Brown stated that for now they would like to move forward.
Chairman Cable stated that the four regular members and Mr. Kiritsis would be voting on this item.
A motion was made by Tom Risom, seconded by Ted Kiritsis and voted unanimously to receive the Special Permit Application for 73 Swan Avenue, Bogdan and Francine Brocki and set a Public Hearing for Monday, April 8, 2013.
6. Site Development Plan Application and Special Permit Application to construct a second clam shack building (23’ x 36’) to the west of the existing building with outdoor seating; parking lot renovations (100 +/- spaces) and landscaping; interior and exterior renovations; two entryways (one approved in front setback by ZBA); two outside patios for dining and the service of alcohol on property located at 218 Shore Road, Big Green Outdoor, LLC applicant.
Ms. Brown noted that this is the former Cherrystone property.
Joe Wren, Engineer, was present to represent the applicant. He explained that these same owners purchased the former Saybrook Fish House and turned it into what it is today. Mr. Wren stated that in November they were before the ZBA to get variances because the front of the building is within the front setback. He noted that their original plan was to raise the roof, because of structural issues, and do the renovations over the winter. Mr. Wren stated that the renovation will take place this summer and the restaurant will open in the fall. He stated that the applicant would like to create a take-out only restaurant open from May to September near the existing restaurant. Mr. Wren stated that as part of this development they plan to formalize the parking. He indicated that they are
requesting a waiver of the 30’ buffer requirement along with a waiver for the number of perimeter and street trees.
Mr. Wren stated that they have a Site Plan and Special Permit application before the Commission because Ms. Brown was not sure which was applicable. He stated that he believes it should be a modification, but they could not find a site plan in the Zoning files. Mr. Wren noted that the liquor permit has expired and the request for a new permit is also part of this application. He noted that the take-out restaurant will not serve alcohol.
Chairman Cable stated that the four regular members and Mr. Kiritsis will be voting on this item.
A motion was made by Tom Risom, seconded by John Johnson and voted unanimously to receive the Special Permit Application for 218 Shore Road, Big Green Outdoor, LLC and set a Public Hearing for Monday, April 8, 2013.
7. Special Permit Application to allow renovation and modification of an existing convenience store building and minor reconfiguration of the existing parking lot, expand the existing retail convenience store space into the area currently occupied by (3) automobile repair bays, 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. Brown stated that the Commission has 65 days to act on this application. Mr. Johnson stated that he would suggest a Special Meeting to consider this application. Chairman Cable agreed, noting that the April 8 agenda is full. The Commission agreed to hold a Special Meeting on Tuesday, April 2, 2013 to consider this item.
Chairman Cable stated that the four regular members and Mr. Kiritsis will be voting on this item.
A motion was made by John Johnson, seconded by Ted Kiritsis and voted unanimously to defer the Decision to a Special Meeting which is scheduled for Tuesday, April 2, 2013 at 7:30 p.m. at the Town Hall, 52 Lyme Street.
Ms. Bozek questioned whether there were any items that the Commission would like staff to review before the April 2 Special Meeting. She noted that she would like clarification as to whether the retail portion is a change of use or expansion of an existing retail use. Ms. Bozek stated that she would also like a good definition of retail. She noted that the Commission is allowed clarification from staff after the close of the Public Hearing. Mr. Kiritsis stated that the applicant agreed that the expansion wording was in error.
Ms. Marsh stated that they could ask their attorney whether Section 9.4 allows for changes in use. Chairman Cable noted that Section 9.4 clearly addresses only structures. Ms. Brown noted that restaurants, take-outs and retail uses are all allowed in the zone. She noted that there certainly is a change in use changing the use of one bay to add take-out and convenience items. Ms. Marsh noted that they are not giving up the existing use, they are adding uses.
Chairman Cable stated that the changes to the structure and the change in use, both come under different sections of the Zoning Regulations. Ms. Marsh stated that this is a pre-existing, nonconforming use in a nonconforming structure. She noted that nonconformities are supposed to remain as they are under zoning law. Ms. Marsh stated that the Old Lyme Regulations allow, under Section 9.4, small changes to improve a property. She indicated that there is nothing about adding another use. She stated that allowing other uses on a nonconforming property has never been part of zoning. Ms. Marsh stated that the whole idea of nonconformities is that they remain as is. Ms. Bozek questioned whether the application for a change in use has been presented or if it has changed as the hearings
went on and has the public had the proper notice to comment in that regard.
Ms. Brown stated that she thinks that the legal ad and agenda item title were taken from the statement of use and not the applications. Mr. Johnson stated that the Commission would be remiss if they did not ask for clarification from Counsel.
8. Approval of Minutes
Chairman Cable stated that the four regular members and Mr. Kiritsis will be voting on this item.
A motion was made by Jane Marsh, seconded by Tom Risom and voted unanimously to approve the Minutes of the Public Hearing and Regular Meeting of January 14, 2013 with the following corrections: Public Hearing Minutes: page 3, 6th line from the bottom change “. . .whether they have considered traffic trailers . . .” to “. . .whether they have considered tractor trailers . . .” Page 7, next to last paragraph change “. . .the Commission is considering he land use.” to “. . .the Commission is considering the land use.” Page 7, last paragraph change “Mary Poolin” to “Mary Pullen” and change in last paragraph, Page 7, “She stated that everyone who loves Old Lyme are benefited” to “She stated that everyone who loves Old Lyme is benefited” and on page 8, second paragraph change “Mary Aholcum, Lyme Street” to “Marya Holcombe, 73 Lyme Street”.
9. Any new or old business
Ms. Brown stated that FEMA has provided new flood maps and the Commission is required to accept them with the necessary modifications to the flood zone regulations that go along with them. She indicated that this needs to be done by August. Ms. Brown stated that it would make sense to do the changes to Section 9 at the same time so that the Regulations do not need to be changed twice.
Ms. Brown stated that there is also a FEMA proposal that the Commission may adopt but is not required to adopt. She stated that the Commission can review this section. Ms. Brown stated that she received comments on the Section 9 changes from Jane Marsh and forwarded them to Attorney Branse. She indicated that she has not received feedback from him and will follow-up.
10. Correspondence
None.
11. Zoning Enforcement
a. Zoning Enforcement Report
Ms. Brown stated that Lenny’s was ordered to pay the Town $5,000 and stop violating the Zoning Regulations. She noted that there was an additional daily fee for not adhering to the agreement. Ms. Brown noted that the Town has not received the money and has filed a lien on the property. She stated that in the meantime, there is brown paper covering all the windows and she has heard that they are redoing the inside. Ms. Brown stated that if so it would be a violation of the zoning regulations because it is in a flood zone.
Ms. Brown stated that Claude Briard’s properties have been sold at auction and she has been told that Frank Noe purchased the big building on the corner and because it is a permitted parking lot (Swan Avenue), she has heard that they plan to use this lot for Lenny’s parking. She noted that parking lot permits are renewed yearly and she has suggested to the Board of Selectmen that they consider the $5,000 past due amount when issuing the renewal.
Ms. Brown stated that the El Moracco building has been purchased and the new owner would like to open it as a restaurant again. She stated that Gail Fuller has purchased the vacant lot to the north of this lot. Ms. Brown stated that Ms. Fuller may come to the Commission in a preliminary way because she would like to have the lot available for the community for parking. She indicated that Ms. Fuller is planning to wait until she takes title.
Ms. Brown stated that Mr. Tolchinski has indicated that he will provide the final as-built plan soon.
Mr. Risom stated that the Town has hired a new Sanitarian. He stated that Mr. Flower is the acting Building Inspector until he finishes his certification.
b. Site Inspection Report
None.
7. Miscellaneous/Adjourn
The meeting adjourned at 11:05 p.m. on a motion by John Johnson; seconded by Tom Risom and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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