OLD LYME ZONING COMMISSION
PUBLIC HEARING
MONDAY – July 13, 2009
The Old Lyme Zoning Commission held a Regular Meeting on Monday, July 13, 2009, at 7:30 p.m. in the Conference Room of Memorial Town Hall. Those present and voting were Tom Risom, Chairman, Jane Cable, Vice Chairman, Jane Marsh, Secretary, Beth Sullivan (alternate) and Ted Kiritsis (alternate). Also present, Kim Barrows, Administrative Assistant.
Chairman Risom called the Public Hearing to order at 7:34 p.m.
1. Petition to Amend the Old Lyme Zoning Regulations, Section 12, Planned Residential Conservation Development, proposed new Section 12.9.1, PRCD Incentive, Osprey Landing, LLC, applicant.
Chairman Risom noted that this Public Hearing is continued from the June Regular Meeting. Attorney Sheenan. He explained that the proposal allows for the Town to gain greater amounts of contiguous open space and gives the developer a density bonus. Attorney Sheehan stated that Attorney Branse had comments which were incorporated into the revision and he has since acknowledged that all of his concerns have been addressed. He noted that Attorney Casella’s comments were also addressed.
Attorney Sheehan stated that one outstanding comment was could the applicant come up with a better term for the open space so that it would be more defined. He explained that he spoke directly with the Open Space Committee for their input. Attorney Sheehan stated that the Open Space Committee indicated that they would like the open space to be contiguous and they would like it to be good land, not a pond. He stated that the simple words they have already, which describe the open space as contiguous and desirable, is probably the best description he can give. Attorney Sheehan stated that the second comment was that they include a commitment to using renewable energy such as a qualifier on the use to make sure that the end product meets a certain standard. He noted that one standard suggested
was a LEADS Certification. Attorney Sheehan explained that a LEAD Certification is much more than just energy conservation. He indicated that Energy Star is a good rating system for homes and includes heating and insulation efficiency.
Attorney Sheehan introduced Mark Waldo, owner of Waldo Renewable Energy, who indicated that he is an electrician by trade. He stated that looking at energy features should be the first step in designing a house. Mr. Waldo stated that in the four years he has been in business there has been tremendous growth in the industry. Mr. Kiritsis stated that he would like to see metrics that can be defined in the Zoning Regulations. Mr. Waldo stated that a definite metric could be difficult to nail down because of different uses. Mr. Kiritsis stated that there could be a range, but their needs to be something definitive. Chairman Risom agreed with Mr. Kiritsis’ comments and indicated that there should be a threshold.
Mr. Waldo stated that the average house in America has a rating of 100 and an Energy Star rating would have to be at least 80. Chairman Risom questioned what a good goal would be as a required rating. Mr. Waldo stated that a rating of 65 would be a good goal. He explained that this rating would be difficult to compare to a LEADS rating, as LEADS would take into consideration the recycled products used.
Ms. Marsh stated that the Commission needs to know how to word this requirement for their regulations, but also needs to make sure that the Zoning Enforcement Officer can determine after the fact that the construction is compliant. Chairman Risom noted that some things are inherent with the construction such as the type of insulation and orientation of the house. He noted that the type of light bulbs used in the future is something the Commission cannot control. Ms. Marsh stated that she would like standards that the Commission could enforce over time. Mr. Waldo stated that there are many standards that will be built into the house as Mr. Risom pointed out. Mr. Waldo stated HERS (House Energy Rating System) is another scale that could be used. Chairman Risom questioned whether
geo-thermal systems could be required and questioned whether there are larger geo-thermal systems that could be used for a community system. Chairman Risom stated that the Commission would like to see standards for approval. Ms. Marsh stated that this type of Regulation would be ground-breaking for Old Lyme. Mr. Waldo stated that many new home buyers specifically look for energy efficient homes and won’t buy one that is not.
Attorney Sheehan apologized for not having specifics that were exactly what the Commission was looking for, but indicated that he felt HERS would be an adequate standard to use in the Regulation. He explained that some areas may have ledge where geo-thermal will not work, but the idea is that on a whole, there is energy efficiency.
Joe Wren, Professional Engineer, stated that one way to ensure the compliance would be to have the home certified as part of the CO process. Mr. Kiritsis stated that it is too late at CO time to make sure that the homeowner has constructed to the proper rating. Mr. Montenaro suggested that the bonus units not be constructed until all the other units have been constructed to the proper standard. Jeff Montenaro pointed out that there will be a condominium association that could police into the future. Ms. Cable stated that the solar panels will be owned by the condominium association.
Mr. Wren stated the energy consumption of a 20 unit subdivision can be predicted and another way to set a standard would be to say that if 24 units are approved, the 24 units cannot consume more energy than the 20 units would have. Ms. Cable stated that if there was only one bonus unit, that wouldn’t be much of a requirement. Mr. Wren reviewed the proposed bulk requirements and explained the site plan of the demonstrated development.
Ms. Marsh stated that she would like to see more distance between the units. Mr. Wren stated that most people that would consider a condominium development will be open to the proximity of the units. He noted that the development will not be for everyone. He stated that the Plan of Development encourages the use of flexible zoning to increase the diversity of housing. Attorney Sheehan stated that most successful developments of this type how units that are 10 to 15 feet apart, but a greater buffer on the outside. Ms. Cable questioned whether this revised version of the petition was given to Planning and Open Space. Attorney Sheehan stated that Zoning is the first Commission to receive it.
Mr. Wren stated explained that the cost savings in energy for a development such as the notional one they are proposing could be 20 million dollars over twenty years. He stated that the technology is available and people will be more interested in it if and when oil gets up to $6.00 per gallon.
Chairman Risom questioned the minimum distance between buildings in a cluster. Mr. Wren noted that the minimum is 25 feet, although the notional plan has a separation between buildings of approximately 35 feet on average.
Ms. Marsh indicated that the Commission is in receipt of a letter from the Planning Commission dated July 13, 2009, which states that the Planning Commission is not in favor of the proposed amendment (Exhibit R).
Mr. Wren stated that the many benefits of the proposed amendment would be: increased tax revenues to the Town requiring fewer services, more diverse housing, and a significant increase in desirable open space. He noted that this new Regulation would not apply to all areas of Town. Mr. Wren stated that the applicant is open to increasing the setbacks as desired by the Commission.
Don Brodeur stated that he grew up in Old Lyme and feels the Town needs this type of housing. He explained that he would like to stay in Old Lyme and at this time in his life is looking for just this kind of development. He noted that this type of housing is available just across the river in Old Saybrook. He indicated that he would also appreciate the increase in the tax base.
Jeff Montenaro stated that he hears from people all the time and their choices appear to be to leave Old Lyme or try to renovate and adapt their existing house. He noted that the original regulations were written with good intent but he feels the buffers need to be relaxed. Mr. Montenaro stated that Old Lyme needs more diverse housing to keep people in Old Lyme.
Attorney Sheehan stated that the idea of the development is that it would be age-restricted, although he acknowledged that the proposed amendment to the Regulations does not require age-restricted housing. He explained that the age-restriction would be part of the application to the Commission, but not a requirement of it.
A motion was made by Jane Cable, seconded by Beth Sullivan and voted unanimously to close the Public Hearing for the Petition to Amend the Old Lyme Zoning Regulations, Section 12, Planned Residential Conservation Development, proposed new Section 12.9.1 PRCD Incentive, Osprey Landing, LLC, applicant.
At 9:40 p.m., Chairman Risom adjourned the Public Hearing.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday, July 13, 2009
The Old Lyme Zoning Commission held a Regular Meeting on Monday, July 13, 2009, at 7:30 p.m. in the Conference Room of Memorial Town Hall. Those present and voting were Tom Risom, Chairman, Jane Cable, Vice Chairman, Jane Marsh, Secretary, Beth Sullivan (alternate) and Ted Kiritsis (alternate). Also present, Kim Barrows, Administrative Assistant
Chairman Risom called the meeting to order at 7:32 p.m. He noted that Beth Sullivan and Ted Kiritsis would be voting this evening in the absence of John Johnson and Patrick Looney. He immediately recessed the Regular Meeting to conduct the Public Hearing.
REGULAR MEETING
1. Special Permit Application to allow a hotdog cart on property located at 2 Four Mile River Road, C-30 District, Jeffrey Mullen, applicant. Receive, Discuss and Set Public Hearing
Chairman Risom stated that although Mr. Mullen is present, the Commission usually does not request a presentation before the Public Hearing. He questioned whether there was a pressing matter regarding the application that needed to be addressed. Ms. Barrows described the location of the property and questioned whether the Commission would require a Public Hearing. The Commission agreed that because of the location of the property a Public Hearing would be in order. Mr. Kiritsis stated that he would like to look at the traffic pattern. Chairman Risom questioned whether it was the applicant’s intent to have cars pull onto his property or just onto the shoulder of the roadway.
Mr. Mullen indicated that he could not control the cars. Ms. Cable noted that there is no shoulder on the Four Mile River Road side. Mr. Mullen stated that the property is located in a commercial zone. He questioned the need for a Public Hearing. Chairman Risom stated that typically hotdog carts are in gas stations and those type of places were cars are already off the road. Mr. Mullen stated that the cart will not be visible from the road and his intention is to sell hotdogs to people visiting his antique store, with no sign indicating that he is selling hotdogs.
Ms. Marsh questioned why they would need a hotdog cart and not just a little grill or something out back to serve hotdogs to customers of the antique shop. Chairman Risom explained that the process would require a Public Hearing, which at this point would be the August Regular Meeting. He noted that there are parking and traffic considerations on this property. Ms. Mullen stated that she would like to run this business to make money for college. Mr. Mullen requested that his application money be returned.
Chairman Risom asked Ms. Barrows to be sure that she receives a letter withdrawing the application before she returns the applicant’s check.
2. Special Permit Application to allow the church year round use and installation of 172 seats within existing structure on property located at 287 Shore Road – Shoreline Church, Inc., applicant. Receive and Set Public Hearing.
The Commission discussed whether the application would be a change in use. Chairman Risom indicated that the Commission should set the Public Hearing and let the Zoning Enforcement Officer aid them in determining what is required.
A Motion was made by Jane Marsh, seconded by Jane Cable and voted unanimously to receive the Special Permit Application for 287 Shore Road. Shoreline Church, Inc., and to set the Public Hearing for the August 10, 2009 Regular Meeting.
3. 83 Hartford Avenue, Sugar Shack. Discussion about letter to Mr. Grills regarding building permit to install enclosure around up-blast fans as per Zoning Commission’s request.
Ms. Barrows explained that the Fire Marshal informed Mr. Grills that he could not use fencing to screen or enclose the up-blast fans on his building. Chairman Risom questioned whether there was any paperwork from the Fire Marshal or code cited. Ms. Barrows read the Fire Marshal’s denial. Ms. Cable stated that if the applicant cannot comply, the Commission will have to withdraw the requirement. Chairman Risom questioned whether Mr. Roberge attempted to find a way to meet the Zoning Commission’s requirement and the Fire Code. Ms. Cable indicated that she would ask the Fire Marshal to do just that.
A motion was made by Jane Marsh, seconded by Beth Sullivan and voted unanimously to table this matter to the August 10, 2009 Regular Meeting in order to receive a report from Jane Cable after her discussion with the Fire Marshal, to see if this issue can be resolved.
4. Petition to Amend the Old Lyme Zoning Regulations, Section 12, Planned Residential Conservation Development, proposed new Section 12.9.1 PRCD Incentive, Osprey Landing, LLC, applicant.
Ms. Marsh stated that she does not believe there is a Regulation before them that they would consider adopting. She noted that there may be something that they could do with the energy conservation concept. Ms. Cable stated that she would like to do some research and get a feel for what would make sense to propose. She indicated that she is excited about allowing an energy efficient subdivision. Ms. Cable stated that she does not believe she could approve the proposed amendment before the Commission. Mr. Kiritsis stated that the proposed Regulation feels very site specific. Mr. Kiritsis stated that he would like to see more specific energy conservation values in the Regulations.
Ms. Marsh stated that there would probably be too many changes to the proposed amendment that it would have to be considered as a new application. She indicated that she would prefer to turn this application down and convey to the applicant that he is close. Chairman Risom agreed. Ms. Marsh stated that she is concerned more about the external setbacks more than she is with the internal setbacks. Ms. Sullivan agreed. Ms. Cable stated that she personally would like to have more space around her house.
Ms. Cable suggested a working session be held before the next Zoning Commission Meeting to discuss the possibility of creating a Regulation that would accomplish what they are intending.
A motion was made by Jane Marsh, seconded by Beth Sullivan and voted unanimously to deny without prejudice the Petition to Amend the Old Lyme Zoning Regulations, Section 12, Planned Residential Conservation Development, proposed new Section 12.9.1 PRCD Incentive, Osprey Landing, LLC, applicant.
The Commission decided to set a meeting in two weeks to discuss and draft a new version of the PRCD amendments originally submitted by Osprey Landing, LLC which include energy efficient standards.
A Motion was made by Jane Cable, seconded by Beth Sullivan and voted unanimously to set a Special Meeting for Monday, July 27, 2009 at 7:00 p.m. in the second floor conference room, Town Hall, to discuss and draft a new version of the amendments to the PRCD originally submitted by Osprey Landing, LLC that will include energy efficiency standards, inviting members of the public to attend.
5. Review finalized version of Registry Regulations. Public Hearing set for September 14, 2009.
Chairman Risom noted that the latest version of the Regulation was just released this past Friday. Hearing no concerns from the Commission, Chairman Risom asked for a motion to set the Public Hearing.
A motion was made by Jane Marsh, seconded by Jane Cable and voted unanimously to set a Public Hearing for the Petition to Amend the Old Lyme Zoning Regulations, new section regarding Registry Regulations, Old Lyme Zoning Commission, applicant, for the Monday, September 14, 2009 Regular Meeting
6. Letter from Connecticut River Gateway Commission dated May 13, 2009 requesting the Zoning Commission revise the Definition of Height within the Gateway Conservation Zone.
Chairman Risom noted that the Commission is a Gateway Member and must adopt their definition of height. Ms. Cable read the proposed definition. After discussion, the Commission agreed to set the Public Hearing for the August Regular Meeting.
A motion was made by Jane Marsh, seconded by Beth Sullivan and voted unanimously to set a Public Hearing for revision of the definition of height within the Gateway Conservation Zone for the August 10, 2009 Regular Meeting.
7. Approval of Minutes – Public Hearings and Regular Meeting of June 8, 2009 and the Special Meeting of June 4, 2009.
A motion was made by Jane Cable, seconded by Beth Sullivan and voted to approve the minutes of the June 8, 2009 Regular Meeting and Public Hearing and the June 4, 2009 Special Meeting.
8. Any new or old business
None
9. Correspondence
Letter from Attorney Geraghty dated July 9, 2009 requesting to be on the agenda with respect to Dimitri Tolchinski, 286 Shore Road. The Commission invited Attorney Geraghty to the next Regular Meeting to discuss the letter sent to Mr. Tolchinski from the Zoning Enforcement Officer dated July 9, 2009.
10. Zoning Enforcement
a. Zoning Enforcement Report
No Report. Chairman Risom stated that he would like to see a Zoning Enforcement Report as one has not been provided in quite a long while. Ms. Barrows stated that she has just begun doing some enforcements and will provide a report for the next meeting. Chairman Risom stated that he would like to know what enforcements are open on a monthly basis.
b. Site Inspection Report
No Report.
11. Miscellaneous/Adjourn
Chairman Risom noted that Michael Wells resigned as the Water Pollution Control Commission Attorney and the WPCA has retained the services of Branse & Willis.
Ms. Marsh stated that the Regional Planning Agency is changing and now will have Selectmen from each Town as members. She noted that Selectmen are now being tasked with so many committees that they tend to spend very little time in their own Towns.
The Meeting adjourned at 10:40 p.m. on a motion by Jane Marsh; seconded by Beth Sullivan and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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