Skip Navigation
 

This table is used for column layout.
 
Old Lyme Zoning Commission Minutes 06/13/2016



OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, June 13, 2016

The Old Lyme Zoning Commission held a Regular Meeting on Monday, June 13, 2016, at 7:30 p.m. in the Auditorium of Memorial Town Hall.  Those present and voting were:  Jane Cable, Chairman, John Johnson, Vice Chairman, Jane Marsh, Secretary, Alan Todd, Gil Soucie, and Stacy Winchell, (Alternate).

Also present was Kim Barrows, Certified Zoning Enforcement Technician.

At 7:30 p.m., Chairman Cable called the Regular Meeting to order.  She noted that all regular members would be voting. She immediately recessed the Regular Meeting to conduct the Public Hearing.  At 9:39 p.m. Chairman Cable reconvened the Regular Meeting.

1.      Petition to Amend the Old Lyme Zoning Regulations in order to repeal the provisions of Section 14.5.2(c).  “Section 14.5.2(c). Within a C-10, C-30 or C-30S Commercial District:  For the sale of alcoholic liquor for consumption off the premises if located within a 1500-foot radius of any other premises used for the sale of alcoholic liquor off the premises, which spacing requirements shall not apply to establishments having a grocery store permit for the sale of beer only. (Amended Effective 3/1/01 and 3/7/08),” Charles Bowe, 37 Green Hill Road, Madison, CT, Petitioner.  

Attorney Cronin stated that his client owns three package stores in two other towns and he would like to establish one in Old Lyme.  He noted that he is looking at a spot in the Old Lyme Shopping Center where there is an existing foundation.

Attorney Cronin stated that there is a 1,500 foot rule and noted that the State has a new regulation that restricts the number of permits per Town to four.  It was noted that there are currently four in Town.  Attorney Cronin stated that his client’s plan is to purchase the permit from The Cool Moose and transfer it to this new building.  Ms. Winchell stated that she does not believe he can purchase the permit.  

Attorney Cronin stated that the trend is to eliminate separation distances and allow the State to regulate the number of permits.  He noted that Old Saybrook has eliminated their separation distances.  

Attorney Cronin stated that historically there was a liquor store adjacent to this property where Treasurers is currently located.  

In discussing setting the public hearing, Attorney Cronin agreed to an extension of the 65 days to open and to allow the Commission to set the hearing for September as they do not typically meet in August.

A motion was made by John Johnson, seconded by Gil Soucie and voted unanimously to receive the Petition to Amend the Old Lyme Zoning Regulations in order to repeal the provisions of Section 14.5.2(c), and set a Public Hearing for Monday, September 12, 2016 at 7:30 p.m. in the Meeting Hall.

2.      Special Permit Application for construction of a 40’ x 60’ garage to store and repair paving equipment, also an office and bathroom will be in the garage as well on property located at 224 Shore Road, J. Robert Pfanner, applicant, Peter Lodi, Sr., owner.  

Mr. Johnson stated that he believes the property is zoned to do what the applicant proposes on the property.  Chairman Cable agreed, but stated she is extremely troubled by a lack of specific information as to what exactly they will do on the property.  She noted that the application states “repair” and the testimony was that they are not going to repair vehicles.  Chairman Cable stated that she is uncomfortable with oral testimony.  Mr. Todd suggested that the Commission clarify repairs are only allowed that do not require a skilled mechanic.  

Chairman Cable stated that using the foliage on the Montanaro property is not appropriate.  She noted that running trucks at night with the lights off shows that they knew they should not have been doing it.  She also noted that Jeff Montanaro did come to the Commission a few years ago regarding putting a subdivision on the driving range.  She stated that the proximity to the Connecticut Water Company well field also bothers her.  Mr. Johnson stated that they can prohibit night time activity.  Chairman Cable stated that regulation of this type of thing is difficult.  She noted that the Water Company does not seem to understand that the trucks are stored outside.  Chairman Cable stated that there is not a good record of complying with Town requirements.  Mr. Johnson questioned whether he has received Cease and Desist Orders.  Chairman Cable stated that Mr. Anton has received Cease and Desists for where he used to store his trucks at his house on Mile Creek Road.  Ms. Barrows stated that the Cease and Desist orders for that property are what precipitated this application.

Chairman Cable stated that the Commission has to either give a long list of conditions or to deny without prejudice and ask the applicant to come back with more specifics.  Ms. Marsh stated that without Health approval the Commission could only approve it without a bathroom.  She stated that the use is approved and she feels the Commission could approve it with conditions.  Ms. Marsh stated that Jeff Montanaro does not have approval for a subdivision at this time.  Chairman Cable stated that she is disturbed about having to monitor the conditions and the difficulty of that.  She stated there is a definite history here and she is concerned about that.

Ms. Marsh stated that with the use that is described, there will not be too much activity.  She indicated that as long as it is properly managed the neighbors won’t even know they are there.  Ms. Marsh stated that the neighbors were not happy because of the trucks moving material at night.  Mr. Johnson agreed and noted that that was a one-time occurrence.  Chairman Cable noted that the Town does not have a device to measure noise so they are unable to enforce the noise ordinance.  Ms. Marsh stated that there are many more large trucks going up and down the Shore Road all day long then will go into that site.  Ms. Barrows noted that the noise ordinance is enforced by the Health Department, not Zoning.  Chairman Cable noted that it is not enforced.

Mr. Soucie and the Commission discussed adding the following conditions:

  • Repairs are limited to routine maintenance such as oil changes, tire changes and lubrication;
  • NO bathroom inside the garage unless and until septic approval is given by either the Town Sanitarian or the State Health Department;
  • No parking of any vehicles within the 20’ side setback;
  • Parking of vehicles are to be south of the garage building only;
  • No on site delivery or storage of materials;
  • No Trailers to be used as storage buildings;
  • Mature evergreens [deer resistant trees] on east, west and northerly property lines creating a 5’wide buffer;
  • Waste fluids to be stored inside the garage in a 275 gallon minimum sized tank until properly/legally disposed of;
  • Erosion control barriers to be shown on site plan;
  • Outside parking of vehicles and trailers is limited to total ten (10);
  • Hours of operation are between 7 a.m. and 7 p.m. daily.
Mr. Soucie read the list of conditions again.  It was noted that the eight foot fence is shown on the site plan.  

A motion was made by Gil Soucie and seconded by John Johnson to approve the Special Permit Application dated March 3, 2016 with accompanying Statement of Use, drawings of building (2) and a Map entitled “Improvement Location Survey, Zoning Land of Peter J. Lodi, Sr. Location 224 Shore Road, Old Lyme, Connecticut” dated March 1, 2016, revised to June 1, 2016 prepared by J. Robert Pfanner & Associates, P.C. Sheet Number 1 of 1for the construction of a 40’ x 60’ garage to store and repair paving equipment and have an office inside as well on property located at 224 Shore Road, with conditions, as follows:

Whereas, the Zoning Commission has held a duly noticed public hearing on April 11, 2016 which was continued to May 9, 2016 and further continued to June 13, 2016, and the Commission has had an opportunity to hear testimony from the public and from the applicant; and

Whereas, the proposed creation of a contractor’s garage is permitted by Special Permit under the Old Lyme Zoning Regulations Section 13.B and Section 5.10.3;

Whereas, the Commission has considered:

  • the density or intensity of the Lot and the surrounding area, including the area and topography of  the Lot, its coverage by Buildings, the height and volume of such Buildings, the number of  Dwelling Units or bedrooms, and the ratio of impervious surfaces;
  • the natural resources on the Lot and in the vicinity of the Lot which may be adversely impacted;
  • the accesses to the Lot, including whether access roads are public or private, their surface condition, width, grade, flood hazard drainage, existing traffic volume, and suitability for increased traffic or population to be served;
  • access to the existing or proposed Building(s) or Structures(s) on and Abutting the Lot for emergency vehicles and public safety personnel;
  • the character of the neighborhood, including the scale of other Buildings or Structures in the area, the streetscape, impact on marine or coastal vistas as viewed from public Streets or other public viewing areas;
  • privacy, light, and air for the subject Lot and Abutting Lots;
  • increased effluent disposal volumes, the condition of the existing septic system on the Lot, and the impact on potential future repair or expansion of any such septic system; and
Whereas, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions of Section 13A and Section 13B of the Regulations with the following conditions are required to be added to the final plan before the issuance of any permits:

  • Repairs are limited to routine maintenance such as oil changes, tire changes and lubrication.
  • No bathroom inside the garage unless and until septic approval is given by either the Town Sanitarian or the State Health Department.
  • No parking of any vehicles within the 20’ side setbacks.
  • Parking of vehicles are to be south of the garage building only.
  • No on site delivery or storage of materials;
  • No Trailers to be used as storage buildings.
  • Mature evergreens [deer resistant trees] on east, west and northerly property lines creating a 5’ wide buffer.
  • Waste fluids to be stored inside the garage in a 275 gallon minimum sized tank until properly/legally disposed of.  
  • Erosion control barriers to be shown on site plan.  
  • Outside parking of vehicles and trailers is limited to total ten (10).
  • Hours of operation are between 7 a.m. and 7 p.m. daily.
Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13B, in particular that the proposed use, buildings and other structures and site development are designed and arranged as follows:

  • to achieve safety, comfort and convenience;
  • to conserve as much of the natural terrain and provide for vegetation on the site to the extent practical;
  • to be in architectural harmony with the surrounding area;
  • to protect nearby residential and preservation areas;
  • 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 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 with the above noted conditions for the garage (40’ x 60’) and the office in the garage at 224 Shore Road.  The motion passed 4-1-0, with Chairman Cable voting against.  

Chairman Cable stated that she does not feel that there is enough information to approve this application and noted that the Commission is redrawing the site plan for the applicant.

3.      Special Permit Application in order to purchase adjacent land at 31-2 Library Lane in order to expand existing cemetery under Sections 5.2 and 5.2.3 of the Zoning Regulations, for Old Lyme Cemetery Association Inc., 31-1 Library Lane, applicant; record owner of 31-2 Library Lane, Mr. & Mrs. W. Alan Froggatt, Jr.

J. Marsh recused herself from this application and Ms. Winchell was seated.  

A motion was made by John Johnson, seconded by Stacey Winchell and voted unanimously to grant  the Special Permit Application dated April 6, 2016 with accompanying Statement of Use and “Property Survey Map prepared for Old Lyme Cemetery Association, 31-2 Library Lane Old Lyme, Connecticut dated January 6, 2016, Scale 1” = 40’ Sheet 1 of 1 Revisions 2-26-16 prepared by Angus McDonald Gary Sharpe & Associates, Inc.” in order to purchase adjacent land at 31-2 Library Lane in order to expand existing cemetery under Sections 5.2 and 5.2.3 of the Zoning Regulations, for Old Lyme Cemetery Association Inc., with conditions, as follows:

Whereas, the Zoning Commission was to hold a duly noticed public hearing on May 9, 2016 but said hearing was not opened since at that time the application was still before the Inland Wetlands and Watercourse Commission [was granted IWWC approval with conditions on May 24, 2016].

Whereas, the Zoning Commission opened the Public Hearing on June 13, 2016, and the Commission has had an opportunity to hear testimony from the public and from the applicant; and

Whereas, the proposed expansion of the Cemetery is permitted by Special Permit under the Old Lyme Zoning Regulations Section 5.2 and Section 5.2.3;

Whereas, the Zoning Commission has waived the site plan requirements and has added the following conditions:

  • The only access to the expanded site will be solely from McCurdy Road;
  • Landscaping planted to buffer the expanded use from neighboring properties; and
  • Parking and driveway areas to be oriented away from residential areas and amply screened.  
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 with the above noted conditions for the expansion of the Cemetery.  

A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to change the agenda item number 5 to number 4.

4.      Special Permit Application in order to allow the enlargement of an existing structure on a non-conforming lot for the purpose of meeting Old Lyme Flood Hazard and FEMA regulations under Sections 9.1.3.1 and 9.1.3.2 of the Zoning Regulations on property located at 45  Gorton Avenue, Richard Hyne, owner/applicant.

Ms. Marsh stated that she would like to add a condition that the house will remain a four bedroom home and that it will remain a seasonal home as recommended by the interim sanitarian, George Caulkins.

A motion was made by Jane Marsh, seconded by Alan Todd and voted unanimously to grant the Special Permit Application dated April 25, 2016 with the following attachments:  Cover letter, Statement of Use, Waiver Request of Traffic Impact Study, Warranty Deed, Abutter List, property location map, Drawing entitled Existing Plans Elevations & Zoning Data dated March 4, 2016 Sheet EX 1.1, Drawing entitled Proposed  Plans Elevations & Zoning Data dated March 4, 2016 Sheet A 1.1, revised 6/7/2016 per Health Dept. Requirements 4 bedrooms and remove shed, revised 6/10/2016 relocate shed and Schematic Septic System Layout and Property survey prepared for Richard Hyne 45  Gorton by Gerwick- Mereen dated February 22, 2016 revised 4/26/2016, revised 5/3/2016 add notes and minor details for four bedroom design, revised 5/3/2016 add notes and minor details for four bedroom design and revised 5/31/2016 notes re: crawl space and elevations, with conditions, as follows:

Whereas, the Zoning Commission has held a duly noticed public hearing on June 13, 2016, and the Commission has had an opportunity to hear testimony from the public and from the applicant; and

Whereas, the proposed project is before the Commission per Section 9.1.3 of the Old Lyme Zoning Regulations; Expansion of Existing Building or Structure on Nonconforming Lot; and

Whereas, the applicant is requesting Special Permit approval from the Zoning Commission per Section 9.1.4 to allow for a residential structure (located on a Lot which does not conform to the requirements of these Regulations) to be enlarged/extended;

Whereas, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions of Section 13A and Section 13B of the Regulations with the following conditions:

  • There will not be an increase in the number of bedrooms, it shall remain a four (4) bedroom house.
  • The house will remain seasonal and not be converted to year-round.  
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 with the above noted conditions for the purpose of meeting Old Lyme Flood Hazard and FEMA regulations.

5.      Municipal Coastal Site Plan Review Application for a deck enlargement at 90 West End Drive, P. L. Mountzoures, Inc., applicant; Scott Hoffman, property owner.   

Chairman Cable noted that the applicant would like to construct a deck.  She noted that Marcy Balint (OLISP) said that if the deck is not connected to the house, she would be in favor of it.  Ms. Barrows noted that it would need to be break-away.  She noted that the applicant would like to make the deck permanent.  She stated that there is no plan from the applicant.  Ms. Marsh stated that if there is no plan the Commission has no idea where the deck is being placed.  Ms. Barrows stated that there is a little drawing that the Land Use Coordinator accepted as a plan.  The Commission agreed that the plan is not inadequate.

Mr. Todd stated that the existing deck is really a stoop, as it is 4’ x 4’.  He stated that it is really not a deck.

Chairman Cable stated that Ms. Balint states that the applicant indicates that the deck is not located in the VE Zone and she is assuming it is in the V Zone.  She stated that she feels that the Commission should go on record as saying they will never ever again accept an application that has a site plan that does not show what is being constructed.  Chairman Cable stated that the Commission could approve this plan with conditions.  Ms. Marsh stated that she doesn’t even know how high off the ground the deck is.  She noted that the house is only 5’ from the property line.  Ms. Marsh questioned whether the deck is 5’ from the property line.  

Mr. Johnson stated that he does not want to approve this application as the plan is inadequate.  Chairman Cable made a motion to approve the application with conditions.  Hearing no second, the motion failed.

A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to deny without prejudice the Municipal Coastal Site Plan Review Application for a deck enlargement at 90 West End Drive because the application lacked sufficient information to determine placement and construction of requested deck.  

6.      Special Permit Application in order to make renovations to existing structure and comply with FEMA under Sections 9.1.3, 9.1.3.1 and 9.1.3.2 of the  Zoning Regulations on property located at 40 Pond Road, Lee Ferguson, owner.  

The Public Hearing for this item will open at the Regular Meeting on July 11, 2016.

7.      Municipal Coastal Site Plan Review Application for a deck enlargement at 90 West End Drive, P. L. Mountzoures, Inc., applicant, Scott Hoffman, property owner.

The opening was tabled to the June 13, 2016 meeting Regular Meeting.

8.      New Business

None.

9.      Old Business

None.

10.     Approval of Minutes – Minutes of the April 2016, Public Hearing and Regular Meeting

Action on minutes was tabled to the July 11, 2016 Regular Meeting.  

Mr. Johnson noted that on page one of the April minutes it states “It was asked the alley” and it should say “It was asked if the alley.”  Chairman Cable stated that there is another sentence that begins “Mr. Pfanner” and is not completed.

11.     Correspondence

Ms. Barrows noted that the Regulations require Certified Mailings to abutters and the Commission has, in practice, been accepting mailing receipts.  She questioned whether the Regulations should be amended to reflect this practice.  Chairman Cable agreed that this type of housekeeping of the regulations should be done.

Ms. Barrows stated that the current Zoning Compliance Application should be changed to remove the Health approval and the applicant should go to the Health Department first and then go to the Zoning Department with the same approved plans.  Ms. Marsh stated that two separate certificates can result in people not getting Zoning approval.  She noted that that was the reason that the Health Department was added to the Zoning form, so that Zoning could not be skipped.  Ms. Barrows stated that the departments are cohesive and working together.  Ms. Marsh suggested a cover sheet or something that needs to be signed off by the different departments.  Ms. Barrows stated that when someone hands her a Special Permit Application she assumes they have been through the proper channels.  Chairman Cable stated that it seems that there may be procedural problems.

Chairman Cable stated that the Commission paid two have aquifer and water resource districts for the Town and nothing was ever done with it.  She noted that they do not have a final map.  She indicated that she is going to ask Keith to investigate this.

12.     Zoning Enforcement Report

None.


Miscellaneous/Adjourn

The meeting adjourned at 11:15 p.m. on a motion by John Johnson, seconded by Alan Todd and voted unanimously.

Respectfully submitted,



Susan J. Bartlett
Recording Secretary


 
 
52 Lyme St, Old Lyme, CT 06371  (860) 434-1605

Town Hall Hours  Monday - Friday: 9:00 AM - 4:00 PM