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Zoning Commission Record of Vote 11/13/2017
RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – November 13, 2017, 7:30 P.M.
Meeting Hall at Memorial Town Hall
52 Lyme Street, Old Lyme, CT

1.  Convene Meeting; announcement of voting members.

Present:  Jane Cable, Chair, Jane Marsh, Secretary, Alan Todd, G. Soucie and Paul Orzel  
and Harvey Gemme, alternate
Also present:  Keith Rosenfeld, Land Use Coordinator
Absent:  Stacey Winchell, alternate

CONTINUED PUBLIC HEARING:

1.  Special Permit Application to allow the service of all alcoholic beverages under the CT full Liquor Permit, currently approved for Provisional CT Beer and Wine Permit, in accordance with Section 14 – Alcohol of the Old Lyme Zoning Regulations for Stella’s Restaurant, 163 Boston Post Road, Viktoriya Seferi, applicant, Pietro Paolo Illiano, owner.

A Motion was made by P. Orzel, seconded by G. Soucie to CLOSE the Public Hearing on the Special Permit Application to allow the service of all alcoholic beverages under the CT full Liquor Permit, currently approved for Provisional CT Beer and Wine Permit, in accordance with Section 14 – Alcohol of the Old Lyme Zoning Regulations for Stella’s Restaurant, 163 Boston Post Road. No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, G. Soucie, P. Orzel, A. Todd  In opposition:  None   Abstaining:  None  The Motion carried 5-0-0  

PUBLIC HEARING:

1.  Special Permit Application and Municipal Coastal Site Plan Review Application for construction of a 40’ x 60’ garage to work in which will not have drains, the paving equipment and trucks will be parked outside, there will be no toxic materials stored on site, there will also be an office and bathroom in the garage and there will be 2 to 5 employees, in accordance with Section 5.10.3 – Special Permit Business Service Establishment of the Old Lyme Zoning Regulations on property located at 224 Shore Road, J. Robert Pfanner, applicant, Peter Lodi, Sr., owner.

A Motion was made by P. Orzel, seconded by H. Gemme to OPEN the Public Hearing and CONTINUE it to the December 11, 2017 at 7:30 p.m. in the Meeting Hall without taking any testimony on the Special Permit Application and Municipal Coastal Site Plan Review Application for construction of a 40’ x 60’ garage to work in which will not have drains, the paving equipment and trucks will be parked outside, there will be no toxic materials stored on site, there will also be an office and bathroom in the garage and there will be 2 to 5 employees, in accordance with Section 5.10.3 – Special Permit Business Service Establishment of the Old Lyme Zoning Regulations on property located at 224 Shore Road.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, G. Soucie, P. Orzel, H. Gemme   In opposition:  None   Abstaining:  None  The Motion carried 5-0-0  

A Motion was made by P. Orzel, seconded by G. Soucie to move item number 3 to item number 1 on the agenda.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, G. Soucie, P. Orzel, A. Todd   In opposition:  None   Abstaining:  None  The Motion carried 5-0-0  

REGULAR MEETING:

1. [3.]  Special Permit Application to allow the service of all alcoholic beverages under the CT full Liquor Permit, currently approved for Provisional CT Beer and Wine Permit, in accordance with Section 14 – Alcohol of the Old Lyme Zoning Regulations for Stella’s Restaurant, 163 Boston Post Road, Viktoriya Seferi, applicant, Pietro Paolo Illiano, owner.  

A Motion was made by J. Marsh, seconded by A. Todd to GRANT w/conditions the Special Permit as follows:

Whereas, the Zoning Commission has received an application for Site Plan Modification requesting Special Permit Application to allow the service of all alcoholic beverages under the CT full Liquor Permit, currently approved for Provisional CT Beer and Wine Permit, in accordance with Section 14 – Alcohol of the Old Lyme Zoning Regulations for Stella’s Restaurant, 163 Boston Post Road, Viktoriya Seferi, applicant, Pietro Paolo Illiano, owner.

Whereas, the proposed use is permitted under the Old Lyme Zoning Regulations, the Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the technical provisions Section 13.A of the Regulations.

Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13.A, in particular that the proposed use, buildings and other structures and site development are designed and arranged as follows:

a.  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; 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 to Viktoriya Seferi for the Special Permit Application for property at 163 Boston Post Road, Lyme, CT, with the following conditions:   
1.      Indoor seating is not to exceed 95 persons.
2.      There is no service (either food or beverage) allowed on the exterior picnic area on the
           property.
3.      The exterior picnic area is reserved for “take-out” food only.

No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, G. Soucie, P. Orzel, A. Todd  In opposition:  None   Abstaining:  None  The Motion carried 5-0-0  


2.  Special Permit Application and Municipal Coastal Site Plan Review Application to replace an existing 1,360 s.f. convenience store/gas station with a new 1,800 s.f. convenience store/gas station with 4 modernized gas pumps, a new canopy and minor alterations to interior islands on property located at 281 Shore Road in accordance with Section 5.11 of the Old Lyme Zoning Regulations, UMARS, LLC, applicant.  

A Motion was made by J. Marsh, seconded by A. Todd to GRANT w/conditions the Special Permit Application and Municipal Coastal Site Plan Review Application as follows:

Whereas, the Zoning Commission has received a Special Permit Application dated March 8, 2017 and Municipal Coastal Site Plan Review Application dated March 7, 2017 with the following attachments:  Statement of Use, abutter list, Letter dated January 3, 2017 from George Calkins, R.S., Ledge Light Health  District to Stu Fairbank with comments, Warranty Deed for property, License Agreement, Notice of Variance Granted from 2000 and attached Schedule A, Certificate of Decision/Special Permit from August 9, 2010 approval, Notice of Variance Granted on May 19, 2015, Drainage Analysis for Best Way Foodmart, Property of UMARS, LLC dated March 3, 2017 and Drainage Area Map, Existing Conditions and Drainage Area Map Development Conditions.  

Property Survey Map Property of UMAR S. LLC 281 Shore Road Old Lyme, Connecticut dated May 26, 2016 Sheet 1 of 5 prepared by Angus McDonald Gary Sharpe & Associates, Inc.; Demolition Plan Property of UMAR S. LLC 281 Shore Road Old Lyme, Connecticut dated May 26, 2016 Sheet 2 of 5 prepared by Angus McDonald Gary Sharpe & Associates, Inc. revised 6-9-17 Review comments, revised 6-26-17 Review comments;  Site Development Plan Property of UMAR S. LLC 281 Shore Road Old Lyme, Connecticut dated May 26, 2016 Sheet 3 of 5 prepared by Angus McDonald Gary Sharpe & Associates, Inc., revised 12-14-16 Health District Comments, 3-2-17 Landscaping and Fence3 added, revised 6-9-17 Review comments, revised 6-26-17 Review comments; Detail Sheet Property of UMAR S. LLC 281 Shore Road Old Lyme, Connecticut dated May 26, 2016 Sheet 4 of 5 prepared by Angus McDonald Gary Sharpe & Associates, Inc., revised 12-14-16 Health District Comments 1-3-17 revised 6-9-17 Review comments.  Detail Sheet Signage, Curbing, Lighting Property of UMAR S. LLC 281 Shore Road Old Lyme, Connecticut dated May 26, 2016 Sheet 5 of 5 prepared by Angus McDonald Gary Sharpe & Associates, Inc., revised 12-14-16 Health District Comments 1-3-17 revised 6-9-17 Review comments. LED Canopy Light Legacy Plan dated 7 5 17 Sheet 1 of 1; Plans by W.W. Craven & Sons Inc. Main Floor Layout, Page A1 Project Details New Best Way Convenience Store 281 Shore Road Old Lyme, CT  06371 Prepared for UMARS LLC, dated 06-7-16 revised 10-16 Sales Counter; Plans by W.W. Craven & Sons Inc. Elevations, Left, Right, Front and Rear, Page A2 Project Details New Best Way Convenience Store 281 Shore Road Old Lyme, CT  06371 Prepared for UMARS LLC, dated 06-7-16; Plans by W.W. Craven & Sons Inc. Cross Sections, Page A3 Project Details New Best Way Convenience Store 281 Shore Road Old Lyme, CT  06371 Prepared for UMARS LLC, dated 06-7-16; Plans by W.W.

Craven & Sons Inc. Room Finish Schedule, Page A4 Project Details New Best Way Convenience Store 281 Shore Road Old Lyme, CT  06371 Prepared for UMARS LLC, dated 06-7-16; Plans by W.W. Craven & Sons Inc. Reflective Ceiling Plan, Page A5 Project Details New Best Way Convenience Store 281 Shore Road Old Lyme, CT  06371 Prepared for UMARS LLC, dated 06-7-16; Plans by W.W. Craven & Sons Inc. Opening Schedule and Hardware Schedule, Page A6 Project Details New Best Way Convenience Store 281 Shore Road Old Lyme, CT  06371 Prepared for UMARS LLC, dated 06-7-16; Plans by W.W. Craven & Sons Inc. Retail Interior Elevation, Sales and Coffee Bar elevations, Page A7 Project Details New Best Way Convenience Store 281 Shore Road Old Lyme, CT  06371 Prepared for UMARS LLC, dated 06-7-16;  Plans by W.W. Craven & Sons Inc. Legend, Page CS Project Details New Best Way Convenience Store 281 Shore Road Old Lyme, CT  06371 Prepared for UMARS LLC, dated 06-7-16; Plans by W.W. Craven & Sons Inc. Wall Framing Plan, Page S1 Project Details New Best Way Convenience Store 281 Shore Road Old Lyme, CT  06371 Prepared for UMARS LLC, dated 06-7-16. VFS Unbranded Foundation Plan and Details, F1 of 1 dated 7/18/17.

Whereas, the Zoning Commission has held a duly noticed public hearing on July 10, 2017, continued to September 11, 2017 and continued to October 10, 2017, and the Commission has had an opportunity to hear testimony from the public and from the applicant; and

Whereas, Special Permit to demolish the existing building at 281 Shore and construct a new 1,800 square foot convenience store, new canopy and concrete pad, fuel islands, parking spaces and other associated drainage and septic system improvements; permitted by Special Permit under the Old Lyme Zoning Regulations Sections;

Whereas, the Commission has considered:

a.      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;

b.      the natural resources on the Lot and in the vicinity of the Lot which may be adversely impacted;

c.      the access 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;

d.      Access to the existing or proposed Building(s) or Structure(s) on and Abutting the Lot for emergency vehicles and public safety personnel;

e.      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;

f.      privacy, light, and air for the subject Lot and Abutting Lots;

g.      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 required to be added to the final plan:

1.      Prior to filing the set of approved plans in the Town Clerk's Office, the applicant shall file a completion bond with the Treasurer of the Town of Old Lyme to guarantee satisfactory completion of work within the State of Connecticut and Town of Old Lyme Rights of Way in the amount recommended by Town Engineer and on a form approved by the Town Attorney.  

2.      No Certificate of Occupancy should be granted until all improvements including landscaping and fencing are complete in accordance with all approved plans.

3.      Prior to the issuance of any Building Permit, the property located at 281 Shore Road must be connected to Connecticut Public Water with verification submitted to the ZEO and Ledge Light Health District for its review and final approval.  

4.      Hours of operation for both the store and fuel dispensing shall be solely from 6:00 AM to 10:00 PM Monday through Sunday.  

5.      A note will be placed on the plan stating, “No outside storage of materials, products or refuse shall be permitted”.

6.      Audio/music advertising “talking” fuel dispensers are prohibited on the property.

7.      Alley No. 1, as shown on Property Survey Map Property of UMAR S. LLC 281 Shore Road Old Lyme, Connecticut dated May 26, 2016 should remain clear at all times.

8.      Approvals for the proposed sidewalk on Shore Road aka CT Route 156 must be secured from the CT DOT and be in compliance with the Old Lyme Design and Construction Standards for Public Improvements prior to construction.  

9.      All improvements within the State of Connecticut and Town of Old Lyme Rights of Way shall adhere to the Soundview Improvements Site Development Plan (Route 156) if applicable.

10.     Approvals for work within Hartford Avenue and Swan Avenue must be secured from the Old Lyme Board of Selectman and be in compliance with the Old Lyme Design and Construction Standards for Public Improvements prior to construction.

11.     An additional sound barrier/screening should be installed for the compressor which may pose special potential for adverse impacts due to their hours of operation, noise and any other similar characteristics to neighboring residential properties.    

12.     A white stockade fence should be installed along the entire property west of the proposed store’s westerly boundary (adjacent to Alley No.1) to prevent the potential for adverse impacts due to their hours of operation, lighting, noise, odor, and any other similar characteristics to neighboring residential properties.  

13.     Should there be any changes to the final location of either new or additional fuel dispensing facilities, as a result of the Fire Marshal’s review and final approval, a revised Site Development Plan will be submitted to the Old Lyme Land Use office to determine on-going zoning compliance.

14.     An As-Built Plan prepared by a licensed land surveyor must be submitted to the Old Lyme Land Use Office upon completion of improvements and prior to the issuance of a Certificate of Occupancy to assure compliance with the approved Site Development Plan.

15.     Final locations for the ice machine and propane storage shall be subject to the Fire Marshal’s review and final approval.

16.     Details of the concrete pad at the fuel dispensing islands must be included on all final Site Development Plans.

17.     We cannot endorse the placement of any new gate at either the beginning of Swan Avenue or adjacent to it.  The placement of these new gates would negatively affect traffic pattern here, leading to the possibility of additional (and unnecessary) motor vehicle accidents and incidents.   

18.     Two employees required to be present on-site at all times during the required hours of operation; one person for fuel monitoring and one person for retail operations.  

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:

a.  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 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 a Special Permit to UMARS LLC/New Best Way Convenience Store, 281 Shore Road, Old Lyme, CT as shown on the plans submitted with the conditions noted.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, G Soucie, A. Todd, P. Orzel  In opposition:  None   Abstaining:  None  The Motion carried 5-0-0  

3.  Special Permit Application and Municipal Coastal Site Plan Review Application to allow the renovation and modification of an existing convenience store building and minor reconfiguration of the existing parking lot. Existing retail convenience store space will be expanded into the area currently occupied by (3) automobile bays, a walk-in cooler will replace the existing shed to the rear and a new 227 s.f. addition will be constructed at the west side of the building on property located at 85 Halls Road in accordance with Section 5.10.3 Special Permit Use of the Old Lyme Zoning Regulations, CPD Energy Corp., applicant – DECISION POSTPONED to December 11, 2017 Regular Meeting

4.  Special Permit Application and Municipal Coastal Site Plan Review Application for construction of a 40’ x 60’ garage to work in which will not have drains, the paving equipment and trucks will be parked outside, there will be no toxic materials stored on site, there will also be an office and bathroom in the garage and there will be 2 to 5 employees, in accordance with Section 5.10.3 – Special Permit Business Service Establishment of the Old Lyme Zoning Regulations on property located at 224 Shore Road, J. Robert Pfanner, applicant, Peter Lodi, Sr., owner – Public Hearing continued to December 11, 2017 Regular Meeting

5.  Special Permit Application and Municipal Coastal Site Plan Review Application to allow a first floor addition to the existing structure which is on a nonconforming lot in the R-10 Zone pursuant to Section 9.1.3.2 of the Old Lyme Zoning Regulations on property located at 4 Sea View Road, Michael and Susan Kelliher, applicants.

A Motion was made by J. Marsh, seconded by P. Orzel to receive the Special Permit Application and Municipal Coastal Site Plan Review Application to allow a first floor addition to the existing structure which is on a nonconforming lot in the R-10 Zone pursuant to Section 9.1.3.2 of the Old Lyme Zoning Regulations on property located at 4 Sea View Road and set a Public Hearing for Monday, December 11, 2017 at 7:30 p.m. in the Meeting Hall.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, P. Orzel, G. Soucie, A. Todd  In opposition:  None   Abstaining:  None  The Motion carried 5-0-0  

6.  New Business  – None

7.  Old Business  –  Continued discussion with respect to modifying the newly adopted Aquifer Protection Regulation to reinstate the protection provided to the bedrock aquifers in town through the Water Resource Zone.  A. Todd will be working on this matter with N. Hutchinson

8. Approval of Minutes   –   Minutes of the October 10, 2017 Public Hearing and Regular Meeting       
A Motion was made by P. Orzel, seconded by A. Todd to approve the Minutes of the October 10, 2017 Public Hearing and Regular Meeting as submitted.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, A. Todd, G. Soucie, H. Gemme  In opposition:  None   Abstaining:  None  The Motion carried 5-0-0  
                                                        
9.  Correspondence – None

10.  Zoning Enforcement Report – None

11.  Miscellaneous/Adjournment  

A Motion was made by P. Orzel, seconded by H. Gemme to adjourn the November 13, 2017 Regular Meeting.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, A. Todd, P. Orzel, H. Gemme  In opposition:  None   Abstaining:  None  The Motion carried 5-0-0  The meeting adjourned at 8:45 p.m.
        
                                Jane Cable, Chairman    



NEXT MEETING OF THE ZONING COMMISSION IS
MONDAY, DECEMBER 11, 2017,
7:30 P.M., MEETING HALL, 52 LYME STREET, OLD LYME, CT



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

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