OLD LYME ZONING COMMISSION
PUBLIC HEARING
Monday, June 10, 2013
The Old Lyme Zoning Commission held a Regular Hearing on Monday, June 10, 2013, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were: Jane Cable, Chairman, Jane Marsh, Secretary arrived at 7:38 p.m., Tom Risom (Regular Member), Joan Bozek (Alternate arrived at 7:45), Harland Frazier (Alternate) and Ted Kiritsis (Alternate).
Also present: Ann Brown, Zoning Enforcement Officer.
Chairman Cable called the Public Hearings to order at 7:33 p.m. She noted that Alternates Harlan Frazier and Ted Kiritsis would be seated.
1. Special Permit Application to create an accessory apartment on property located at 4 Millers Way, Kara Berry, applicant/owner.
Ms. Marsh read the legal notice for all of the evening’s Public Hearings, as Published in The New London Day on Tuesday, May 28 and Tuesday, June 4, 2013. She also read the exhibit list for this application for the record.
Ms. Berry was present to explain the application. She explained that she is the only daughter and youngest of seven children and she purchased 4 Millers Way with the hope of creating an accessory apartment for her parents so that she may take care of them. Ms. Berry stated that her parents are 86 years old. She explained that she would like to create an accessory apartment in the existing garage with no change to the foundation. Ms. Berry noted that the only exterior change would be removing the existing door and adding a sliding patio door. She noted that they will not be removing the garage doors, but rather building a wall behind them inside. Ms. Berry stated that there will not be a kitchen. She stated that there will be a kitchenette with a microwave, dishwasher and seating
area, along with a bedroom and a living room.
Ms. Berry stated that they were told that they currently have an ample septic system with plenty of leaching area. She noted that they also plan to add a portable generator.
Chairman Cable noted that the appropriate Town Officials have approved the application. Ms. Brown noted that it the size of the apartment meets the Zoning Regulations relative to the size of the home. She noted that the applicant needs to show parking for four cars. Ms. Berry stated that there is a circular driveway.
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 Tom Risom, seconded by Ted Kiritsis and voted unanimously close the Public Hearing on the Special Permit Application to create an accessory apartment on property located at 4 Millers Way, Kara Berry, applicant/owner.
2. Special Permit Application to permit a dance center on property located at 19 Halls Road, Unit 106, The Dance Center, LLC d/b/a The Dance Center of Old Lyme applicant.
Chairman Cable noted that Joan Bozek would be seated in place of Harlan Frazier for this application. Ms. Cable read the list of exhibits for the record.
Bethany Haslam, owner of The Dance Center, LLC, stated that she and her husband have lived in Old Lyme for five years and she has two small children. Ms. Haslam stated that she is a full-time attorney practicing at a firm in New London and recently cut back to part-time to spend time with her kids. She stated that she has been dancing for almost thirty years and teaching dance for fifteen years. Ms. Haslam stated that it has been her life-long dream to open a studio and she feels this is the perfect time in her life to do this.
Ms. Haslam stated that a dance studio is a place where children make friends, learn team-building, and gain confidence; dance studios promote health and provide technical dance training also. She stated that she believes this would be a great asset to the Town. Ms. Haslam stated that the unit she is proposing was Ameriprise and is right next door to the pizza place.
Ms. Haslam stated that the hours would be 9:00 a.m. to 9:00 p.m. Monday through Saturday. She indicated that the peak hours would be late afternoon to early evening and Saturday mornings. She stated that there may also be classes early in the day for younger children who are not yet in school. Ms. Haslam stated that many times classes can be scheduled back-to-back so if a child is taking more than one type of class they won’t need to leave and come back. She noted that most parents drop their children off and return to get them after the lesson. Ms. Haslam stated that there will be a small waiting area for parents who do want to stay. She noted that the Regulations indicate she needs five parking spaces and she has visited the site at all different times of the day and indicated
that there were always at least five spaces available. Ms. Haslam stated that she will be having a spring recital for her students but it would be off site at one of the local schools. She noted that she would offer summer classes and camps also.
Ms. Haslam submitted her cards as proof of mailing to abutters. She indicated that she met with the Fire Marshal and she will make some small changes that he has requested. She indicated that she will be constructing a partial wall to separate the dance studio space from the waiting area.
Ms. Marsh questioned whether there would be a changing area. Ms. Haslam stated that they will use the bathroom for changing. She noted that most kids arrive in their dance clothes. Ms. Marsh questioned the insulation in the walls. Ms. Haslam stated that she has spoken to the landlord and he does not know the type of insulation in the walls. She indicated that many dance studios that she has taught in are in this type of plaza and only once has a tenant asked that the music be turned down, which they did. She noted also that her busiest times will not be during normal working hours.
Ms. Haslam stated that she is asking for a waiver of the checklist under 13B.3.4 that requires many things, including a site plan, an architectural plan, traffic report, etc. She indicated that because all the changes are interior, she is asking for a waiver of this requirement. Ms. Haslam stated that she would also like to have a sign that is 5’ x 1’ and noted that it is depicted in the application. She indicated that she would also like a logo sign in one of the front windows. Ms. Haslam stated that she will be well within the 40% allowed for window signage.
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 Tom Risom, seconded by Joan Bozek and voted unanimously to close the Public Hearing on the Special Permit Application to permit a dance center on property located at 19 Halls Road, Unit 106, The Dance Center, LLC d/b/a The Dance Center of Old Lyme applicant.
3. Petition to Amend the Old Lyme Zoning Regulations: Section 5.12.3- Light Industry LI-80 District (LI), Special Permit Uses, Per Section 13B by deleting “Laundry, dry cleaning and dyeing works, carpet or rug cleaning located outside the Conservation Zone”; Section 7.3 b – Accessory Buildings Specific Type - Guest House to be allowed by a Zoning Compliance Permit Application instead of Special Permit; Section 4.4 Flood Hazard Regulations as required by FEMA to modify regulations for compatibility with rate maps, adopt the Federal Emergency Management Agency Flood Insurance Rate Maps dated 8/5/2013 and adopt the Limit of Moderate Wave Action (LiMWA) zone where VE Zone construction standards shall be enforced; Section 9,
Non-Conforming Lots, Uses, Buildings, and/or Structures to modify Section 9.07 (Voluntary Demolition), Section 9.1.3.2 h regarding exceptions for nonconforming lots and structures and deleting Section 9.4 in its entirety and Section 21.4, Use Variances, change to 21.4.3, to read “No variance shall be granted which would permit a use of land, buildings or other structures which are permitted by Special Permit where the conditions, criteria, or requirements required for such Special Permit by these Regulations are not met”.
Chairman Cable noted that the Planning Commission has not yet made a decision on this Regulation change so the Commission will not be closing this Public hearing this evening. Ms. Marsh read the exhibit list for the record, noting that the amendment received approval from the Gateway Commission and the SE CT Council of Governments. Ms. Cable stated that Counsel questioned why they are not consistent when they mention Coastal AE Zone. Ms. Brown stated that Counsel is referring to Section II (fifth page). She noted that DEEP submitted language and maps for the flood zones. Chairman Cable stated that Counsel is referring to “substantial damage” as defined by FEMA standards, which is not what the Town Regulations state. Ms. Brown stated that FEMA standards are two storms in ten
years that cause damage of more than 50 percent of the value and the Town Regulations state two storms in five years. Ms. Brown stated she will read it over and make a recommendation at the July meeting. She noted that FEMA frowns on repairing properties that are repetitively damaged. Ms. Marsh stated that costs of maintaining and upgrading the home are limited also. Chairman Cable stated that all of Attorney Branse’s comments were on the flood zone.
Chairman Cable stated that the package the Commission is reviewing this evening consists of the applicable, current Zoning Regulations followed by the proposed new regulation; she noted that the first two sections are concerned with the coastal zone and after that the current Section 5 of the Zoning Regulations and then the proposed Section 5. Chairman Cable stated that the next section is accessory buildings. She indicated that if one wants to put a guest house in they can get a Zoning Compliance Permit Application instead of a Special Permit Application. Chairman Cable stated that the next session is nonconforming lots.
Ms. Brown stated that Section 9, nonconformities, was confusing. She indicated that the proposal is an effort to clean this section up. Chairman Cable stated that they have removed Section 9.4 altogether. Ms. Brown stated that the Commission decided that the Zoning Board of Appeals should consider the properties that would have applied under 9.4, for variances.
Ms. Brown stated that she will write a new text for 21.4.3 as it is poorly written.
Mr. Kiritsis questioned if there was history as to why they are changing the Regulations. Chairman Cable stated that when the year round sports facility made application, the abutting neighbors were concerned about their wells from the ice-cleaning equipment and she noted that the regulations should probably not allow dry-cleaning plants so close to residential wells. Mr. Kiritsis questioned whether they should have a preamble as to why they are changing the Regulations. Chairman Cable stated that they don’t have preambles for any of the Regulation changes they have made over the years.
Mary Jo Nosal, Selectwoman stated that the removal of dry cleaning plants from the Regulations also jumped out at her. She indicated that many times during the hearing of the sports facility the Commission stated that there could be worse things and now they are removing dry cleaning plants. She questioned whether there were other worse things. Ms. Cable stated that the Commission should review the other permitted uses in the industrial zone for discussion at the next meeting.
Hearing no further comments, Chairman Cable asked for a motion to continue the Public Hearing to the July 8, 2013 Regular Meeting.
A motion was made by Joan Bozek seconded by Tom Risom and voted unanimously to continue the Public Hearing to the July 8, 2013 Regular Meeting on the Petition to Amend the Zoning Regulations.
Chairman Cable adjourned the Public Hearing at 8:38 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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