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Scrolling down or clicking the bookmarks will take you to all the submitted minutes for meetings held in February |
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PUBLIC HEARING I Thursday, FEBRUARY 7th, 2008 EAST LYME ZONING COMMISSION MINUTES
The East Lyme Zoning Commission held a Public Hearing on the Application of Theodore A. Harris for Gateway Development/East Lyme LLC to amend the East Lyme Zoning Regulations to add proposed Section 11.A.9 to serve as an alternative to the existing Zoning regulatory guidelines in the Gateway Zoning District and which would establish Zoning requirements for development under a set of ‘Master Development Plan’ regulations providing specific criteria for mixed-use development, building sizes, eligibility, submission requirements, approval criteria, implementation phasing and public improvements, on Thursday, February 7 2008 at the East Lyme Town Hall, 108 Pennsylvania Avenue, Niantic, CT. Chairman Nickerson opened the Public Hearing and called it to order at 7:32 PM.
PRESENT: Mark Nickerson, Chairman, Rosanna Carabelas, Secretary, Norm Peck, Steve Carpenteri, Ed Gada, Marc Salerno ALSO PRESENT: Attorney Theodore Harris, Representing Gateway Dev/EL LLC Bob Bulmer, Alternate William Dwyer, Alternate William Mulholland, Zoning Official
ABSENT: John Birmingham, Alternate
PANEL: Mark Nickerson, Chairman, Rosanna Carabelas, Secretary, Norm Peck, Steve Carpenteri, Ed Gada, Marc Salerno
Pledge of Allegiance The Pledge was observed.
Public Hearing I 1. Application of Theodore A. Harris for Gateway Development/East Lyme LLC to amend the East Lyme Zoning Regulations to add proposed Section 11.A.9. This proposal serves as an alternative to the existing Zoning regulatory guidelines in the Gateway Zoning District and would establish Zoning requirements for development under a set of ‘Master Development Plan’ regulations. The proposal provides the specific criteria for mixed-use development (retail & residential), building sizes, eligibility, submission requirements, approval criteria, implementation phasing and public improvements.
Mr. Nickerson said that he believed that there was an extension being granted here and that they would be continuing this public hearing. He called upon Attorney Harris.
Attorney Theodore Harris, representing the applicant said that they have granted an extension on this application through March 6, 2008 and that he understood that it would be on that meeting agenda. Mr. Mulholland concurred that it would be on the March 6, 2008 meeting of the Commission.
Mr. Nickerson asked if there was anyone present in the audience who wished to give comment now on this application in the event that they could not attend on March 6, 2008. Hearing no one – Mr. Nickerson called for a motion to adjourn and continue this Public Hearing until the March 6, 2008 meeting of the Commission.
**MOTION (1) Mr. Salerno moved that this Public Hearing be continued to the March 6, 2008 meeting of the Commission. Mr. Gada seconded the motion. Vote: 6 – 0 – 0. Motion passed.
Mr. Nickerson adjourned this Public Hearing at 7:37 PM and continued it to the March 6, 2008 meeting of the Commission.
Respectfully submitted,
Karen Zmitruk, Recording Secretary
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PUBLIC HEARING II Thursday, FEBRUARY 7th, 2008 EAST LYME ZONING COMMISSION MINUTES
The East Lyme Zoning Commission held a Public Hearing on the Application of Flanders Donut & Bake Shop, Inc., for a Special Permit for a drive thru for an existing bakery located at 323-327 Flanders Road, East Lyme, CT on Thursday, February 7, 2008 at the East Lyme Town Hall, 108 Pennsylvania Avenue, Niantic, CT. Chairman Nickerson opened the Public Hearing and called it to order at 7:39 PM after the previously scheduled Public Hearing.
PRESENT: Mark Nickerson, Chairman, Rosanna Carabelas, Secretary, Norm Peck, Steve Carpenteri, Ed Gada, Marc Salerno ALSO PRESENT: Attorney Theodore Harris, Representing Flanders Donut & Bake Shop Bill Vliet, P.E. Vliet & O’Neill Traffic Engineers Bob Bulmer, Alternate William Dwyer, Alternate William Mulholland, Zoning Official
ABSENT: John Birmingham, Alternate
PANEL: Mark Nickerson, Chairman, Rosanna Carabelas, Secretary, Norm Peck, Steve Carpenteri, Ed Gada, Marc Salerno
The Pledge was previously observed.
Public Hearing II 1. Application of Flanders Donut & Bake shop, Inc., for a Special Permit for a drive thru for an existing bakery located at 323-327 Flanders Road, East Lyme, CT.
Mr. Nickerson said that the Legal Ad for this application had run in The Day on 1/25/08 and 2/4/08. He then asked Ms. Carabelas, Secretary to read the correspondence into the record.
Ms. Carabelas, Secretary read the following correspondence into the record: ¨ Letter dated 2/7/08 to East Lyme Zoning Commission from Bill Mulholland, Zoning Official – Re: Special Permit Application Drive-thru Flanders Donut & Bake Shop – noting that the business is located in a CA Commercial Zoning District and is considered an as of right permitted use. Drive-thru facilities are allowed by Special Permit under section 8.2.12. Also, the application is subject to the requirements of Section 25 Special Permits and Section 24 Site Plan Review. The applicant will need exceptions to the buffer requirements along the North and East property lines and a partial exception on the South side.
¨ Letter dated 2/6/08 to East Lyme Zoning Commission from Mr. & Mrs. Zeimanow noting that they are in favor of this application and the 6’ landscape area abutting their driveway.
Mr. Nickerson called upon the applicant’s representative for their presentation. Attorney Theodore Harris, place of business 351 Main Street submitted a revised site plan dated 2/6/08. This was entered into the record as Exhibit 1. He said that this is an application for a drive-thru to be added to an existing retail bakery to support the existing clientele. He then submitted a copy of the sign posted on the site which was entered into the record as Exhibit 2. He said that the definition of a ‘retail bakery’ is important in this context and submitted information on the requirements of a retail bakery and how Flanders Donut and Bake Shop meets those requirements. This was entered into the record as Exhibit 3. He noted that with respect to a site review that this is a pre-existing site. He explained the current traffic areas. He said that Section 20.27 allows the Commission to accept the current conditions due to the fact that this is a pre-existing site. He noted that there is a berm effect around the property and that there would be plantings near the boundary line. He explained that they currently have in and out traffic movement on each side of the island and that Mr. Vliet of Vliet & O’Neill suggested changing it so that the south side would be for IN traffic only and the north for OUT traffic only. He said that each will have signs posted that will indicate the traffic flow along with arrows painted on the pavement. He submitted a letter dated 2/7/08 requesting exception to Section 24.6E3 – Buffers. This was entered into the record as Exhibit 4. He continued that Section 20.28 regarding Drive-thru facilities states that the drive-thru shall be accessory and subordinate to the basic use and that in this case it satisfies this regulation as it is for beverages and baked goods and is similar to other businesses in the area. He also noted where the stacking lane for cars was in reference to the rules and stated that it conforms. He noted that five (5) parking spaces are required and that they have provided ten (10) spaces – five (5) on one side of the menu board and five (5) on the other. They also have the required number of stacking spaces and they can stack 17 cars without going out into the road. He said that the drive thru will be shielded from the streetscape and that it will match the existing building. He explained that as the traffic flow is of concern for the drive-thru that Mr. Vliet of Vliet & O’Neill has reviewed it and will make a presentation along with his report.
William Vliet, P.E. Vliet & O’Neill Traffic Engineers submitted a Traffic Impact Statement dated 2/6/08 which was entered into the record as Exhibit 5. He noted that this is an existing location and that the current driveways are separated by 80’. The southern drive will become an ENTER ONLY and this would get the cars in line for the drive-thru. He said that the busiest time for the drive-thru is during the AM hours. The northern drive will be an EXIT ONLY and it is in line with the drive-thru for people to leave the site. He noted that this facility has traffic movement that has previously worked out for them and that this site is not highly visible like the Starbucks or Dunkin Donuts. However, it has a loyal, local base and this drive-thru and traffic pattern will enhance everything.
Mr. Nickerson suggested that angled parking might force patrons to ‘drive right’. Mr. Mulholland said that angled parking is good in certain circumstances however he did not see that it would be appropriate for this location. Mr. Vliet explained that angled parking would still allow people to cheat the system and that for what they have here; it would not fundamentally change things.
Mr. Mulholland asked Mr. Vliet what the time frame would be for people to get used to the new signage and changes. Mr. Vliet said that he has checked Starbucks to see how that traffic pattern is going there and that in the few weeks since it has opened it seems to be moving okay. There is always going to be the occasional person who is not familiar with the pattern and goes the wrong way once but then learns the flow. Here there will also be arrows on the pavement and the entire flow lends itself to easy travel.
Ms. Carabelas said that in terms of the Starbucks that they brought out the curb cut to aid in traffic flow. Mr. Vliet said that was not necessary here as these are distinct in and out areas with enough space between them and an island.
Mr. Salerno noted that it says ‘re-locate freezer’ on the site plan and asked what that is. Attorney Harris explained that they are putting in a freezer that is positioned differently and that does not protrude out as much.
Mr. Carpenteri asked about deliveries and if there is room for the trucks. Attorney Harris said that they do not expect deliveries will be made during the peak AM hours which are from 6 AM to 9 AM. Mr. Carpenteri said that they would probably ask the purveyors not to deliver at that time. Attorney Harris and Mr. Vliet said that was correct.
Mr. Salerno asked if the hours of operation would change. Greg Terracciano, owner and applicant said that he did not expect that they would be extended much beyond the 1 PM closing that they currently have. The latest would be 5 PM and that would not happen until some time in the future.
Mr. Nickerson asked Mr. Terracciano about delivery trucks just showing up and what type of agreement they have with the neighboring businesses. Mr. Terracciano said that for truck sizes that he has one 18-wheeler that comes every two (2) weeks and the pizza place has one that comes once per week. The other trucks that come are much smaller and can back up into the area and have room so that they will not have to go out into the road. The convenience store gets deliveries through the front door.
Attorney Harris added that where the trucks traverse is the very tail end of the stacking area and it would be extremely rare to have 17 cars stacked up there.
Mr. Nickerson asked if there were any other questions for the traffic engineer. Hearing none, he asked if Attorney Harris had anything that he wanted to add. Attorney Harris said that the site work is not complicated and that this application meets all of the standards and that he would urge that it warrants their approval.
Mr. Mulholland asked about the sign package and how the signs would be labeled. Attorney Harris said that they are labeled on the plan and that there would be a non-illuminated drive thru sign on the corner of the building so that people will see it.
Mr. Gada asked what the ‘detector’ is that is listed on the site plan. Mr. Vliet said that the detector is in the pavement and it is a sensor that alerts the people inside when someone is out at the drive thru menu board.
Mr. Salerno asked what the window area would look like and if it would have a roof over it. Attorney Harris said that it would jut out 3’ in rectangular fashion and that it would have a brick façade to match the building. There would not be a roof over it. It would be out 3’ so that there is passage room for someone on foot.
Mr. Carpenteri asked about lighting of the menu board. Attorney Harris said that they have not anticipated lighting the menu board.
Mr. Nickerson called for anyone from the public who wished to speak in favor of this application – Bob Gadbois, 358 Boston Post Road said that this place is like a landmark in this Town as it has been here for some 40 years. It is a good business and has been good to the Town. He said that he thinks that they should grant this.
Jack Rice, Dean Road said that he has been in this Town for 35 years now and that he normally does not get involved with these things. However; he personally thinks that this place is a national treasure and that it is well known in and beyond southeastern Connecticut. He said that he wishes them well and urges them to grant this request.
Mike Schulz, Lovers Lane said that he has a business – Homecraft Country Store – that is kiddy-corner to this business and that he does not see this as a traffic issue. During the hours that they are busy, there is not a lot of traffic there and this traffic design will make sure that there is no problem. He urged them to approve this request.
Bob Firman, 309 Flanders Road said that he thinks that the Flanders Donut & Bake Shop has been in business long enough and that they have a good business and they are good for the community. This application meets the regulations and they should give this to them.
Dave Murphy, 490 Boston Post Road said that he echoes what everyone else has already said. This business has been in Town for years and he recalled that they have always been there for everyone, for the school children and their fundraisers and other events, and they have never said no to these requests. He said that they are not looking to get big; they are just trying to keep up with what is going on today and what other newer businesses to the Town already have. He urged them to grant this application.
Mr. Nickerson called for anyone from the public who wished to speak in opposition to or neutrally on this application – Hearing no one – Mr. Nickerson asked if the Commission had any other questions – Hearing none – Mr. Nickerson called for a motion to close this Public Hearing.
**MOTION (1) Ms. Carabelas moved that this Public Hearing be closed. Mr. Salerno seconded the motion. Vote: 6 – 0 – 0. Motion passed.
Mr. Nickerson closed this Public Hearing at 8:32 PM. (Note: A brief break was taken here)
Respectfully submitted,
Karen Zmitruk, Recording Secretary
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PUBLIC HEARING III Thursday, FEBRUARY 7th, 2008 EAST LYME ZONING COMMISSION MINUTES
The East Lyme Zoning Commission held a Public Hearing on its own proposal to amend the Zoning Regulations Section 20 of the code, specifically to delete from Section 20.1.1 “Public Schools, fire departments, libraries and other Town Buildings and uses”; and to add a new Section (F) “Town Buildings and Uses” to Section 20.1.2, on Thursday, February 7, 2008 at the East Lyme Town Hall, 108 Pennsylvania Avenue, Niantic, CT. Chairman Nickerson opened the Public Hearing and called it to order at 8:40 PM after the previously scheduled Public Hearings.
PRESENT: Mark Nickerson, Chairman, Rosanna Carabelas, Secretary, Norm Peck, Steve Carpenteri, Ed Gada, Marc Salerno ALSO PRESENT: Bob Bulmer, Alternate Rose Ann Hardy, Ex-Officio, Board of Selectmen William Mulholland, Zoning Official
ABSENT: John Birmingham, Alternate, William Dwyer, Alternate
PANEL: Mark Nickerson, Chairman, Rosanna Carabelas, Secretary, Norm Peck, Steve Carpenteri, Ed Gada, Marc Salerno
The Pledge was previously observed.
Public Hearing III 1. The East Lyme Zoning Commission proposal to amend the Zoning Regulations - Section 20 of the code, specifically to delete from Section 20.1.1 “public schools, fire departments, libraries and other Town Buildings and uses”. And to add a new Section (F) “Town Buildings and Uses” to Section 20.1.2. This change would require a Special Permit approval from the Zoning Commission for all Town buildings and uses.
Mr. Nickerson noted that this had been continued from the last meeting of the Commission. He asked Ms. Carabelas, Secretary to read the correspondence into the record.
Ms. Carabelas, Secretary read the following correspondence into the record: ¨ Letter dated 1/16/08 to Mark Nickerson, Chairman, EL Zoning Commission from Francine Schwartz, Secretary, EL Planning Commission - Re: EL Zoning Commission Amendment to Section 20.1.1 and 20.1.2 of the EL Zoning Regulations requiring a Special Permit for all Town Buildings and Uses – finding that this amendment is CONSISTENT with the Plan of Conservation & Development goal to ensure that development meets high standards of quality.
¨ Email dated 1/14/08 to Bill Mulholland, Zoning Official from Marcia Balint, CT DEP OSLIP – Re: EL Zoning Regulation change to delete from Section 20.1.1 “public schools, fire, library and other Town Buildings and Uses” and add new Section F “Town Buildings and Uses” to Section 20.1.2 which would require a Special Permit – finding the proposed amendments CONSISTENT with the goals and policies of the Connecticut Coastal Management Act.
Mr. Nickerson noted that the legal ad had run in The Day on January 4, 2008 and January 14, 2008. He also said that there was no Regional Planning report.
Mr. Mulholland explained that the Regional Planning Commission did not have a quorum at their last meeting and chose not to take this up at another time.
Mr. Nickerson noted that Mr. Salerno and Ms. Carabelas were on this subcommittee and asked if they would like to give a brief narrative on what this is.
Mr. Salerno said that this subcommittee was formed to address public (municipal, government) buildings and that they decided to pu6t forth this amendment so that the Zoning Commission would review any government and Town buildings just as they would any other private buildings. They decided that they would do this by requiring that a special permit be obtained. They hoped that this would alleviate some of the parking and other issues that they are not currently able to address with respect to these municipal buildings.
Mr. Mulholland noted that they are deleting Town Building and Uses from Section 20.1.1 and adding it as a Section F by Special Permit to Section 20.1.2(F).
Mr. Nickerson asked if there were any questions from the Commission. Mr. Salerno asked Mr. Mulholland if signage, sidewalks and driveways were part of this. Mr. Mulholland said no – this is meant for example – for a Public Safety Building, Town Hall, Police Station or Town Garage to name a few things.
Mr. Nickerson called for public comments in favor, against or neutral on this application – Hearing none – Mr. Nickerson said that the intention here is a good one and he thanked the subcommittee for the work that they did on this.
Mr. Nickerson called for a motion to close this Public Hearing –
**MOTION (1) Mr. Salerno moved to close this Public Hearing. Mr. Carpenteri seconded the motion. Vote: 6 – 0 – 0. Motion passed.
Mr. Nickerson closed this Public Hearing at 8:55 PM.
Respectfully submitted,
Karen Zmitruk, Recording Secretary |
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REGULAR MEETING Thursday, FEBRUARY 7th, 2008 EAST LYME ZONING COMMISSION MINUTES
The East Lyme Zoning Commission held a Regular Meeting on February 7, 2008 at the East Lyme Town Hall, 108 Pennsylvania Avenue, Niantic, CT.
PRESENT: Mark Nickerson, Chairman, Rosanna Carabelas, Secretary, Norm Peck, Steve Carpenteri, Ed Gada, Marc Salerno ALSO PRESENT: Bob Bulmer, Alternate Rose Ann Hardy, Ex-Officio, Board of Selectmen William Mulholland, Zoning Official ABSENT: John Birmingham, Alternate, William Dwyer, Alternate
1. Call to Order Chairman Nickerson called this Regular Meeting of the Zoning Commission to order at 8:56 PM after the two previously scheduled Public Hearings. The Pledge had been previously observed.
Public DelegationsMr. Nickerson called for anyone from the public who wished to address the Commission on subject matters not on the Agenda.
There were none.
Regular Meeting
1. Application of Theodore A. Harris for Gateway Development/East Lyme LLC to amend the East Lyme Zoning Regulations to add proposed Section 11.A.9. This proposal serves as an alternative to the existing Zoning regulatory guidelines in the Gateway Zoning District and would establish Zoning requirements for development under a set of ‘Master Development Plan’ regulations. The proposal provides the specific criteria for mixed-use development (retail & residential), building sizes, eligibility, submission requirements, approval criteria, implementation phasing and public improvements. Mr. Nickerson said that they had just continued this Public Hearing to the March 6, 2008 meeting of the Commission.
2. Application of Flanders Donut & Bake Shop, Inc., for a Special Permit for a drive thru for an existing bakery located at 323-327 Flanders Road, East Lyme, CT. Mr. Nickerson called for a motion for discussion.
**MOTION (1) Ms. Carabelas moved to approve the application with the exceptions as requested by the applicant, of Flanders Donut & Bake Shop, Inc. for a Special Permit for a drive thru for an existing bakery located at 323-327 Flanders Road, East Lyme, CT. Mr. Gada seconded the motion.
Ms. Carabelas said that she had moved to approve this as she would like to see a local business be competitive with other businesses that are relatively new to the area while this one has been here for many years. She added that she was also concerned about the future and that if this business is ever sold, it can only be another bake shop. Mr. Nickerson noted that Mr. Gadbois started the public comments during the Public Hearing portion speaking in favor of this application and that the rest of the people who came up to speak about this business all spoke in favor of it and the goodness of this business. He noted that it was of interest to him that this does not add to the traffic but that it actually manages it better in that area. He said that he wishes them well as this is an investment. He recalled that when he and his family moved here over 20 years ago that this was one of the very first places that they frequented and found very warm and inviting. He said that they still frequent it and that it is extremely well known. He said that he thinks that everything that is being done here is an improvement to the area.
Mr. Salerno agreed with the previous comments and said that he thinks that this site plan works and that the sidewalk will be a great improvement.
Mr. Carpenteri said that he totally agreed with the comments of his fellow Commissioners.
Mr. Nickerson called for a vote on the motion. Vote: 6 – 0 – 0. Motion passed.
Mr. Mulholland said that this decision would publish on 2/14/08 and become effective on 2/15/08.
3. The East Lyme Zoning Commission proposal to amend the Zoning Regulations Section 20 of the code, specifically to delete from Section 20.1.1 “public schools, fire departments, libraries and other Town Buildings and uses.” And to add a new Section (F) “Town Buildings and Uses” to Section 20.1.2. This change would require a Special Permit approval from the Zoning commission for all Town buildings and uses. Mr. Nickerson called for a motion on this amendment.
**MOTION (2) Ms. Carabelas moved to approve The East Lyme Zoning Commission proposal to amend the Zoning Regulations Section 20 of the code, specifically to delete from Section 20.1.1 “public schools, fire departments, libraries and other Town Buildings and uses.” And to add a new Section (F) “Town Buildings and Uses” to Section 20.1.2. This change would require a Special Permit approval from the Zoning commission for all Town buildings and uses. Mr. Salerno seconded the motion. Vote: 6 – 0 – 0. Motion passed.
4. Zoning Fees Mr. Mulholland noted that he is working on some changes to this and that they would take it up at the next meeting of the Commission.
5. Approval of Minutes – Public Hearing I, Public Hearing II and Regular Meeting Minutes of January 17, 2008 Mr. Nickerson called for discussion on, or corrections to the Public Hearing I, Public Hearing II and Regular Meeting Minutes of January 17, 2008.
**MOTION (3) Mr. Carpenteri moved to approve the Public Hearing I, Public Hearing II and Regular Meeting Minutes of January 17, 2008 as presented. Ms. Carabelas seconded the motion. Vote: 4 – 0 – 2. Motion passed. Abstained: Mr. Gada, Mr. Salerno
Old Business 1. Stormwater There was nothing new to report.
2. Subcommittee – Niantic Village – CB Zones (Mark Nickerson, Marc Salerno & Norm Peck) Mr. Nickerson said that they are working on this.
3. Subcommittee – Adult Uses (Rosanna Carabelas) Ms. Carabelas reported that she has a whole folder of information that she has researched on-line and that she would get it to Mr. Mulholland to get to the Town Attorney for review.
Mr. Mulholland reported that the Town Attorney has someone working on the ordinance.
4. Transitional Zones Subcommittee – (Marc Salerno & Norm Peck) There was no report.
New Business 1. Any other business on the floor, if any, by the majority vote of the Commission. Mr. Peck asked if they could discuss the cutting of trees along the roadside.
**MOTION (4) Mr. Peck moved that they have a discussion regarding the cutting of trees along the (main) roadsides. Ms. Carabelas seconded the motion. Vote: 6 – 0 – 0. Motion passed.
¨ Discussion – cutting of trees along the main roadsides Mr. Peck explained that they require people to plant trees and to put buffers with trees, etc. however, they allow trees to be taken down along the main roads in the Town. As an example he said that on West Main Street that there were some beautiful Norway Spruce trees that were planted many years ago and that he thought that they were cut down for a restaurant to go in however there is no restaurant there yet. He said that it was a shame to have those trees cut down as they beautify the Town and asked what they would think if they were to have a policy where within a certain distance of a Town or State road that trees of a certain diameter could not be cut down without approval. He said that he is not looking to over-regulate but lately it seems that a lot of trees are being cut down.
Ms. Carabelas suggested that they would perhaps have to have an application submitted first, before they could get involved in someone cutting trees on their land.
Mr. Carpenteri asked if they thought that they were going to tell people that they cannot cut trees on their own property as that would certainly create a property rights issue.
Mr. Mulholland said that they do require landscaping on property that is part of an application and he suggested that they could perhaps put in the regulations that if they are required to put in trees and landscaping on common property that they also have to maintain it and keep it in the fashion that it was required as a part of that application. He said that he would check into State Statute and see if there is anything on this there.
Mr. Nickerson said that he could see both sides. He said that perhaps this would fall under a tree warden or other such type person rather than the Commission.
Mr. Carpenteri suggested that they look into the legality of this first.
Ms. Hardy said that it is within the purview of the Tree Warden to say trees of historic value must stay and may be tagged to remain. She added that they do have specific dimensions, sizes and varieties that they look at when making these decisions.
The Commission decided that Mr. Mulholland would research more information for them from the Tree Warden and in the State Statutes.
Mr. Mulholland said that the Eclectic Chef is open in the new location and is requesting outdoor dining. Mr. Nickerson asked that Mr. Mulholland schedule that for a Public Hearing.
2. Zoning Official Mr. Mulholland reported that the Starbucks has opened as they well know. The Irish Pub is moving along and while the Eclectic Chef is doing well in its new location, the place that he left is going to be another deli with outdoor and indoor dining. He said that they will also be seeing some applications on multi-family housing and that for now they are still quite busy.
3. Comments from Ex-Officio Ms. Hardy said that she has received comments from some of the business people regarding the fee structure that was proposed. She said that they feel that the re-application fee for outdoor dining is quite steep and that they have asked that it be reconsidered.
Mr. Mulholland said that those fees are part of what he is re-writing so that they will be fairer. He added that $30 of it goes to the State and there is nothing that they can do about that part.
Ms. Hardy said that they have also suggested that some sort of re-inspection be done prior to reissue of the permit as there are places that have very shabby umbrellas and that are rundown looking that detract from the rest of the places and the Town.
Mr. Mulholland said that he was aware of what she was mentioning however, those places are grandfathered. There are only two (2) permits that they have given out. He said that in working on the downtown district that they hope to get their hands around issues such as these.
4. Comments from Zoning Commission liaison to Planning Commission There were no comments.
5. Comments from Chairman Mr. Nickerson said that Mr. Mulholland had passed out a copy of the most recent court decision where the Town won the Landmark II Appeal. He asked that they review the decision as it is good news for the Town. He thanked them all for their hard work.
6. Adjournment
**MOTION (5) Mr. Salerno moved to adjourn this Regular Meeting of the East Lyme Zoning Commission at 9:30 PM. Mr. Carpenteri seconded the motion. Vote: 6 – 0 – 0. Motion passed.
Respectfully submitted,
Karen Zmitruk, Recording Secretary
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