OLD LYME ZONING COMMISSION
PUBLIC HEARING
Tuesday, March 11, 2019
The Old Lyme Zoning Commission held a Public Hearing on Tuesday, March 11, 2019, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were: Jane Cable, Chairman, Jane Marsh, Secretary, Alan Todd and Harvey Gemme.
Also present: Keith Rosenfeld, Land Use Coordinator
1. Petition for Amendment of Old Lyme Zoning Regulations to repeal Sections 4.4.6.5f(i) and (ii). This repeal will have the effect of changing Section 4.4.6.6c, as 4.4.6.6c references Paragraph 4.4.6.5f of the Old Lyme Zoning Regulations, Scott Boulanger and Kathleen Boulanger, Petitioners.
Ms. Marsh read the legal notice as published in the New London Day on Tuesday, February 26 and Tuesday March 5, 2019. She also read the list of Exhibits for the record.
Attorney William McCoy was present to represent the Boulangers. He stated that he also represents the Old Lyme Beach Association. Attorney McCoy stated that they propose to eliminate two sections of the regulations; he noted that he discussed these matters with Keith and originally. they only wanted to change Section ii concerning sewers, but after looking at the Regulations, the same arguments apply to both the water regulations and the sewer regulations. He stated that they are addressing both so that the Commission can look at the effect of their regulations particularly on the beach communities.
Attorney McCoy stated that in recent years the Old Lyme Beach Association, along with other beach communities, have dealt with the potential of degradation of water quality in the coastal areas and the tributaries to the Long Island Sound. He noted that Old Lyme Shores is currently a participant in a descent decree with the department of Energy and Environmental Protection relative to putting together a sewer project which would eventually, if approved and if these regulations are amended, allow for sewer systems to connect with sewers systems in East Lyme and then Waterford and then New London. Attorney McCoy stated that one of the reasons they got a favorable response from DEEP is for that very reason; the State is looking for coastal communities to take a proactive look at how sewage is being disposed of
along the coast. He stated that he is a Waterford resident and is currently on sewers. Attorney McCoy noted that he lives on Oswegatchie Road which eventually feeds into the Niantic River. He explained that when he moved in he had a theoretically compliant system but learned it was really a group of cinderblocks in a wall system with a pipe leading in and a pipe leading out down to the Niantic River. He noted that that is not a proper way to dispose of sewer waste. Attorney McCoy stated that he is not saying that all the septics in the beach communities are that bad, but a lot of the systems have been in the ground for a substantial amount of time and many were originally seasonal developments which are now-year round developments.
Attorney McCoy noted that the Regulations they are discussing were amended right after the approval of a pump house in Miami Beach. He indicated that it makes sense to protect the coastal communities from flooding situations and to protect the drinking water, ground water and the coastal resources from sewage that might enter the systems by way of storm event, and noted that it is more likely that pollution will enter from an onsite septic system then from an enclosed sewage system that can be designed to deal with storm events.
He noted that as Ms. Cable mentioned, this petition is not intended to approve a particular site plan, but more than that it is not intended to approve a particular pump station design. He stated that they would have to come before the Commission with a pump station design to be properly vetted at the appropriate time. He noted that the current petition is intended to remove a prohibition from the siting of pump stations in a flood plain area. Attorney McCoy noted that the Commission will still have the opportunity to approve what will be sited in a particular location. He stated that a properly designed pump station is better for the water resources then the present situation in a flood situation. He stated that the same logic applies to the community water system as well; a property
designed system that can stand up to a storm event is preferable to the prohibition from a planning perspective.
Attorney McCoy noted that the water resources are a critical value to the communities in the area and the protection of them is important. He stated that the communities water resources would be better served if these sections were repealed and each situation was reviewed on a site-specific basis. He indicated that with him are Jim Lotus and Kurt Mailman from Fuss and O’Neal who have been involved in the system proposed for the Old Lyme Shores Community.
Jim Lotus, Licensed Professional Engineer and Associated at Fuss and O’Neal, stated that he would like to give a brief overview of some of the technical reasons for the proposed text change amendment. He noted that Kurt Mailman will also be answering questions that the Commission may have.
Mr. Lotus stated that if the petition is approved, the zoning regulations will no longer prohibit pumping stations in the coastal high hazard area and it would no longer prohibit the construction of any part of a community water system in the coastal high hazard area. He referred to a site plan displayed and noted that the area marked in blue is the coastal high hazard area. He pointed out that the coastal high hazard area covers a large percent of the beach area. He noted that if and when public sewers are constructed in the Old Lyme beach areas, the Town needs to allow for the possible need of sewage pumping stations in the coastal high hazard area because sewage pumping stations are used to pump waste from low lying areas to a higher elevation and are also used to convey sewage through a force main
and typically through gravity pipes and through other pumping stations to a final destination, typically a sewage treatment plant. Mr. Lotus noted that one of the things they learned in college as a professional engineering student is that sewage runs downhill and pumping stations are placed in lower elevation areas for that reason. He noted that waste water flows to the station through a gravity pipe and then the pumping station pumps it to a higher elevation. Mr. Lotus noted that most beach areas are at a lower elevation. He stated that if they try to construct a pumping station in the higher areas to avoid the coastal high hazard area, the pipes would have to be laid deeper, perhaps 30 feet deep, to accommodate gravity flow. Mr. Lotus drew an illustration of this situation.
Mr. Lotus noted that the deeper the pipes are laid, there is more disruption, more soil displayed, the more ground water that must be dealt with and more expense. He noted that larger equipment will be required as well as a longer disruption to the area. Mr. Lotus stated that using larger equipment does not make sense from a neighborhood impact perspective. He noted that Miami Beach, Old Lyme Shores and Old Colony are under a CT DEEP consent order and envision building a shared public sewer system. He noted that the consent order has a deadline which requires permitting to be completed this year. Mr. Lotus stated that the Old Lyme Inland Wetlands Commission approved an application associated with this project that envisioned the pumping station in the coastal high hazard area. He noted
that a pumping station location and design has not been chosen by the three beach communities but once it is, the Zoning Commission will have the opportunity to review and take action on it.
Chairman Cable stated that it is her recollection that the flood zone regulations came from the State of Connecticut and the Zoning Commission incorporated them virtually without change into the Old Lyme Regulations. She questioned how many pumping stations three beach communities would need. Mr. Lotus replied that they would need one. She questioned whether it would be running all the time. Mr. Lotus noted that the pumping station would have a wet well and waste water would flow in and after a while the pumps would turn on. She questioned whether it would emit fumes or vapors or smoke, noting that the next section states, no fumes, smoke or vapors shall be emitted. Kurt Mailman stated that he has been working with beach associations in the area for close to ten years. He
explained that pump stations are typically designed to operate four times per hour and this is accomplished by the sizing of the wet well. He stated that there are accommodations placed into the design that were vetted from the DEEP and OPM are envisioned for the pump station. He stated that this is one of the requirements in the agreement with East Lyme. Mr. Mailman stated that the pumps use electrical power and don’t smoke and are not very loud. He noted that there will be a standby generator and the generator is exercised once a week to be sure it is working. Mr. Mailman stated that the generator could be fueled by gas or diesel but this design has not been determined yet. He noted that the generator can be housed in a sound attenuating enclosure. Mr. Mailman said there will not be a nuisance noise. Ms. Cable questioned whether a community water system is anticipated. Mr. Mailman stated that the three beach communities have
different water systems; Old Lyme Shores has seasonal water currently and in conjunction with the sewer project, their goal is to provide permanent water along with fire hydrants; Old Colony is currently served with Connecticut Water throughout; Miami Beach Water Company which is not a separate entity from Miami Beach Association, has their own private water system that serves 117 of the 226 properties and they would be seeking a public water solution as well.
Mr. McCoy stated that he does not think requesting a variance is the right way to go which is why they are requesting an amendment. Mr. Todd questioned what other beach communities have done as they too may have adopted the State’s regulations. Mr. McCoy stated that he has not seen another Town with an exclusion such as this. He stated that he was surprised when Ms. Cable indicated that the language came from the State and both he and Mr. Rosenfeld felt the language is counter-intuitive. He stated that the language behind the regulation is that the purpose is to protect the coastal communities and water systems, and questioned how that is going to happen when there are currently flooded on-site septic systems. Mr. McCoy stated that it doesn’t make any sense to him and the fact that it
came from DEEP is interesting.
Ms. Marsh questioned what Commission would review a pump station application. Mr. McCoy stated that the Zoning Commission would do a site plan review. Ms. Marsh questioned whether something should be put in its place if this were to be repealed. Mr. Mailman stated that the DEEP must review and approve the system. Ms. Cable asked whether the Town is required to approve an application that DEEP has already approved. She noted that the process is confusing. Mr. Lotus noted that the Town could have review requirements and augment the DEEP’s review. He noted that the DEEP reviews to protect both the environment and their investment. Mr. Lotus stated that OPM and DPH will also review and give commentary through the DEEP process. He noted that they went through the process
and it took close to two years.
Ms. Marsh questioned whether there would be any flood prone areas in Town that they would consider this not suitable for. Mr. Lotus noted that any area with an environmental concern would have its own disqualifier. He noted that equipment is placed at the minimum elevation plus 3 feet because of future changes to the FEMA maps. Ms. Marsh asked how much space a pump station takes as far as acreage. Mr. Lotus stated that he does not have that information with him but could provide it.
Chairman Cable asked for questions or comments from the audience. She asked them to stay on topic of the zoning amendment.
Rich Pendergast, Old Lyme WPCA, handed out copies of his letter. He stated that the WPCA Committee agrees with the comments from Attorney McCoy and believes the zoning regulations are less efficient then they are intending to be. He stated that the prohibition does exactly the opposite of the intention of water protection. Mr. Pendergast stated that the zoning regulations have an application for a flood hazard permit that has many great criteria to be sure things are constructed properly. He stated that by asking for a variance, they are forcing the decision back to the Zoning Board of Appeals. He stated that Section iii, prohibits electric generators. He stated that they should consider looking at this section as well. Chairman Cable stated that the approach that Saybrook has
taken is to bring septic systems as close to code as they can be brought. She stated that a public sewer is a cure all and if septic systems can be improved that should be the first approach. Mr. Pendergast stated that Saybrook has done the easy systems first. He noted that if the grant from the State does not cover the homeowner’s system, the Town will end up paying the balance. He stated that the sewer system fixes an overlap of systems that are a problem and tries to do it in the most economical way. He noted that these homes do not have a lot of land.
Mr. Rosenfeld stated that generators are allowed in the area that contains the flood zone, but they are raised above the flood zone.
Bonnie Reemsnyder stated that she is in support of the amendment. She noted that the Town had a special town meeting to allow a lease for a pumping station in the parking lot area at Sound View. She indicated that they have been working with the beach areas to have only one pump station. Ms. Reemsnyder stated that when looking at the blue area on the map, you see a lot of groundwater and homes close together. She stated that she has attended workshops and spoken with engineers and stated that the systems are designed to contain the wastewater. She encouraged the Commission to approve the amendment.
Lawrence, 2 Columbus Avenue, stated that once the State gets involved they will control everything and the Town will have no say in the matter. He stated that they will have sewers and looking at the water situation and sewage situation, he knows it will go through. He stated that they need safeguards as to the location of the pump station. He stated that he is hearing that the location might be changed to an area close to Swan Pond.
Mr. McCoy stated that the problem with onsite septic systems is that they are dependent on size. He noted that there are many undersized lots in the beach communities. He noted that once a system fails it is cost prohibitive to get another system in.
Mr. Lotus stated that he is familiar with the Saybrook project and of the 1900 homes originally slated for improvement, 1100 have been completed. He stated that the approach was to start with the easy ones. He noted there is not currently a solution to upgrade 350 that are considered water-proximity lots. Mr. Lotus stated that there is still a lot of work to do.
Catherine Reynolds, Old Lyme Shores, stated that Old Lyme Shores has agreed to pay for much of this project which might offset some of the concerns. Hearing no further comments, Chairman Cable asked for a motion to close the public hearing.
A motion was made by Jane Marsh, seconded by Harvey Gemme and voted unanimously to close the Public Hearing for the Petition to amend the Old Lyme Zoning Regulations to repeal Sections 4.4.6.5f(i) and (ii). This repeal will have the effect of changing Section 4.4.6.6c, as 4.4.6.6c references Paragraph 4.4.6.5f of the Old Lyme Zoning Regulations.
At 8:48 p.m. Chairman Cable closed the Public Hearing.
Respectfully,
Susan J. Bartlett
Recording Secretary
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