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Zoning Commission Record of Vote 12/11/2017
RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – December 11, 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  
Also present:  Harvey Gemme, alternate, Stacey Winchell, alternate and Keith Rosenfeld, Land Use Coordinator

CONTINUED 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 G. Soucie, seconded by P. Orzel to CONTINUE the Public Hearing to the next Regular Meeting,  January 8, 2018 at 7:30 p.m. in the Meeting Hall 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, 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 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 A. Todd, seconded by G. Soucie to CLOSE the Public Hearing on 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.  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:

A Motion was made by G. Soucie, seconded by P. Orzel to move the Regular meeting agenda items as follows:  Item number 3 becomes number 1, item number 1 becomes item number 2 and item number 2 becomes item number 3.  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  

1.  [3.]  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 P. Orzel, seconded by G. Soucie to GRANT the Special Permit and the Municipal Coastal Site Plan Review Application as follows:
Whereas, the Zoning Commission has received a Special Permit and Municipal Coastal Site Plan Review Applications dated October 30, 2017 with the following attachments:  Map of area, copy of Old Lyme Certificate of Zoning Compliance Permit Denial, Abutters list, Statement of Use, Warranty Deed in accordance with Section 13A.2.2, “Property Survey Map depicting property of Michael & Susan Kelliher, 4 Sea View Road Old Lyme Connecticut Sheet 1 0f 1 dated June 01, 2017, revised  7-18-17 Site Data Table added; revised 8-24-17 Addition and Site Data Table Revised” prepared by Anthony Hendriks of Hendriks & Associates, Floor Plans prepared by A. Kearney Architects, First Floor – A101, Rear elevation – A201, Side elevation – A202, Side elevation o- A203, Roof Plan – A102 all dated August 3, 2017.

Whereas, the Zoning Commission has held a duly noticed public hearing on December 11, 2017 and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and from the applicant; and

Whereas, the proposed activity (expansion of Existing Building or Structure on Nonconforming Lot) is permitted by Special Permit under the Old Lyme Zoning Regulations section 9.1.3.  The Commission finds that the applicant has provided sufficient evidence to demonstrate compliance with the standards of Sections 13A, 13B and Section 9.1.3 of the Regulations.   

Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of the Zoning Regulations, 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

Whereas, although the Zoning Commission has received comments from the Office of Long Island Sound Programs of the Department of Environmental Protection, after submitting the application materials to them for review, the Commission determines that the application as presented is consistent with the goals and policies of the Coastal Management Act;

Now, therefore be it resolved that the Old Lyme Zoning Commission grants approvals for a Special Permit and a Municipal Coastal Site Plan Review Application per plans submitted at 4 Sea View Road Old Lyme Connecticut for the expansion of an existing building or structure on nonconforming R-10 Residential Lot.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, A. Todd, G. Soucie, P. Orzel  In opposition:  None   Abstaining:  None  The Motion carried 5-0-0  

2.  [1.]  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.

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

Whereas, the Zoning Commission has received a Special Permit Application dated May 5, 2017 and Municipal Coastal Site Plan Review Application dated May 5, 2017 with the following attachments:  Statement of Use, abutter list, Letter dated April 20, 2017 from George Calkins, R.S., Ledge Light Health District to Russell Cyr, P.E. with comments. Traffic Impact Study dated April 15, 2016, prepared by Benesch. Drainage Report dated August 15, 2016, prepared by Benesch. Drawings prepared by Alfred Benesch & Co. for CPD Energy Corp. Renovate existing filling station and convenience store.  CS, Cover sheet; Sheet 1 of 1 Survey prepared by Hendriks Associates dated September 15, 2016 ,   C-1 Site Plan, C-2 Grading, Drainage and Erosion Control Plan dated May 5, 2017, C-3 Planting Detail dated May 5, 2017, C-4 Site Details dated May 5, 2017, C-5 Site Detail dated May 5, 2017, C-6 Sedimentation and Erosion Control Notes, Narrative and Details dated May 5, 2017, SEP-1 Septic System Plan dated May 5, 2017 revised 2-14-17 General Revision, revised 4-4-17 per Ledge Light, A-1.0 Existing Floor Plan and Building Elevation dated May 5, 2017 and A-1.1 Proposed Floor Plan and Building Elevation dated May 5, 2017, revised 9-27-16 Deli, 12-8-16 update deli, 2-14-17 Grill Area concept, 2-15-17 adjust layout for 60” range, fryer type 1 hood, 2-21-17 general revision.

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, Whereas, a Special Permit for a Special Permit/CAM Application regarding a proposed Motor Vehicle Fuel Station with a Retail Business as an Accessory Use, 85 Halls Road. Old Lyme, CT.; 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 NOT provided sufficient evidence to demonstrate compliance with the technical provisions of Section 13A and Section 13B of the Regulations.

Whereas, the Commission finds that the applicant has NOT demonstrated compliance with the General Standards of Section 13B, in particular that the proposed use, buildings and other structures and site development are NOT 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 DENIES the application for a Special Permit/CAM Application regarding a proposed Motor Vehicle Fuel Station with a Retail Business as an Accessory Use, 85 Halls Road. Old Lyme, CT as shown on the plans submitted for the following reasons:

1.  In representing the activities of the Special Permit, applicant has not demonstrated that its site development plan is in conformance with the purpose and intent of the 2010 Town of Old Lyme Plan of Conservation and Development pertaining to the area in which the use is to be located.  The POCD states that “Halls Road should remain the principal commercial area in Old Lyme, intended to meet basic retail and service needs of residents.  Commercial activities in the Halls Road area should be oriented primarily toward area residents, rather than directed toward highway travelers or regional shopping needs.” (Page 17)

2.  Applicant has not demonstrated that the proposal currently complies with those sections of the Old Lyme Zoning Regulations regarding modification of non-conforming lots to achieve improvements.  With a change of use proposed, existing non-conformities are neither diminished nor eliminated.  Current plans do not comply with current zoning regulations pertaining to setbacks relating to adjacent property and CT Right of Way boundaries.

3.  Applicant has not demonstrated that lot is large enough to allow for both the use and building to be in harmony with and may be detrimental to the neighborhood or adjacent property.  Setbacks and landscaping buffers have not been added that could assure the Commission that the proposed use will not be detrimental to the adjacent properties.

4.  With the change of use from a service station/tire and lube center to a service station/convenience store, applicant has not demonstrated how its current land use is either currently compliant with the Old Lyme Zoning Regulations, a pre-existing nonconformity and how this differs from what is being now asked for.  

5.  The actual property line in common with land now or formerly of HPI Huntley LLC has not been formally identified and/or resolved to assure compliance with all of the provisions of the Old Lyme Zoning Regulations.

6.  The existing shed currently within the building setback is a non-conforming building/structure and cannot be “replaced” with the expansion of the primary building.

7.  Sections 18.3.1 of the Old Lyme Zoning Regulations prohibit the location for the 12’x40’ loading zone to be partially located with the Connecticut Right of Way and/or Street Line.  

8.  Proposed plan appears to increase the existing non-conforming Maximum Total Lot Coverage (58.45%) for the property located at 85 Halls Road and applicant has not adequately demonstrated that the reconfiguration of the driveway and parking lot conforms to Schedule B-2 Line 13 of the OL Zoning Regulations.

9.  With the change of use from a service station/tire and lube center to a service station/convenience store, applicant has not demonstrated that provisions have been made for the safe and convenient use of parking spaces; by provision for safe pedestrian circulation within the parking areas.

10. Applicant has not demonstrated that how the generated traffic will be safe and convenient as well as be consistent with the pattern of traffic in the neighborhood and that both pedestrian and vehicular traffic will not be hazardous or inconvenient to, or detrimental to the character of the adjacent residential district or conflict with the traffic characteristics of the neighborhood.

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

3. [2.]  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 January 8, 2018 Regular Meeting

4.  Site Development Plan/Special Exception Modification Application to permit the proposed Tesla Motors, Inc. Electric Vehicle Charging Station installation at 90 Halls Road, Black & Veacth on behalf of Tesla Motors, Inc., applicant.

A Motion was made by P. Orzel, seconded by G. Soucie to receive the Site Development Plan/Special Exception Modification Application to permit the proposed Tesla Motors, Inc. Electric Vehicle Charging Station installation at 90 Halls Road, Black & Veacth on behalf of Tesla Motors, Inc., applicant and set a Public Hearing for Monday, January 8, 2018 at 7:30 p.m. in the Meeting Hall.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, A. Todd, G. Soucie, P. Orzel  In opposition:  None   Abstaining:  None  The Motion carried 5-0-0  

5.  Special Permit Application to turn the existing attic into a loft with dormers front and back which will make headroom in that area higher than six feet and will still be a half-story on property located at 55 Sea View Road, Dennis LaRose, property owner/applicant.

A Motion was made by A. Todd, seconded by J. Marsh to receive the Special Permit Application to turn the existing attic into a loft with dormers front and back which will make headroom in that area higher than six feet and will still be a half-story on property located at 55 Sea View Road, Dennis LaRose, property owner/applicant and set a Public Hearing for Monday, January 8, 2018 at 7:30 p.m. in the Meeting Hall.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, A. Todd, G. Soucie, P. Orzel  In opposition:  None   Abstaining:  None  The Motion carried 5-0-0  

6.  New Business  

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 Motion was made by J. Marsh, seconded by G. Soucie to approve the draft submitted and reviewed tonight [version updated October 24, 2017] for the purpose of getting comments through the referral process and Zoning’s attorney.  No public hearing set at this time.  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  

8. Approval of Minutes   –   Minutes of the November 13, 2017 Public Hearing and Regular Meeting –Tabled to next month
                                                        
9.  Correspondence

10.  Zoning Enforcement Report

11.  Miscellaneous/Adjournment  
        
A Motion was made by P. Orzel, seconded by H. Gemme to adjourn the December 11, 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 9:35 p.m.
                                
Jane Cable, Chairman    


NEXT MEETING OF THE ZONING COMMISSION IS MONDAY, JANUARY 8, 2018,
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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