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Zoning Commission Public Hearing Minutes 10/12/05
APPROVED


OLD LYME ZONING COMMISSION
MINUTES OF PUBLIC HEARING
Wednesday, October 12, 2005


The Old Lyme Zoning Commission held its Public Hearing on Wednesday, October 12, 2005 at 7:30 p.m. in the Auditorium of Memorial Town Hall.  Members present were Ted Kiristsis (Chairman), Jane Marsh (Secretary), John Johnson, Steven Ames (Alternate - seated), and Howard Tooker (Alternate - seated).   Also present was Ann Brown, Zoning Enforcement Officer.

Chairman Kiritsis called the Public Hearing to order at 7:32 p.m.

1.      Site Plan/Special Exception/Coastal Site Plan Application to construct an office building/showroom, 4 Huntley Road, Robert Giannotti, applicant.

Chairman Kiritsis noted that the applicant was not present.

A motion was made by made by Jane Marsh, seconded by John Johnson and voted unanimously to move this Public Hearing to Item 4.

2.      Site Plan/Special Exception Modification Application to construct a walkway from residence to dock, 17 Sandpiper Road, Patricia and Robert Volland, applicants.

Sloan Danenhower was present to represent the applicant.  Ms. Brown stated that the Commission requested additional information from the applicant which he has submitted.  Ms. Marsh stated that there are two letters, one dated October 3 and the other October 12, 2005, which were marked Exhibits G and H, respectively.  Mr. Danenhower stated that he was asked to clarify a few issues, noting that the area of clearing is shown on the site plan.  He indicated that the walkway will not be illuminated.  Mr. Danenhower stated that the two letters are basically the same, noting that he did not think he sent the first one so he wrote the second letter.

No one present spoke in favor of or against the application.

A motion was made by Jane Marsh, seconded by Howard Tooker and voted unanimously to close the Public Hearing for the Site Plan/Special Exception Modification Application to construct a walkway from residence to dock, 17 Sandpiper Road, Patricia and Robert Volland, applicants.

3.      Coastal Site Plan Application to construct a single family residence, 13-15 Caulkins Road, Michael Simone, applicant.

Gary Sharpe, professional engineer, was present to represent the applicant.  Ms. Marsh read the legal ad as published in the Main Street News on Thursday, September 13 and Thursday, September 6, 2005, which was marked Exhibit A.  She read the remainder of the exhibit list for the record.

Mr. Sharpe stated that the property is located on the northern side of Caulkins Road and noted that it is a neighborhood of smaller lots.  He stated that the parcel consists of two separately owned pieces of property and the proposal is to combine these two lots and construct a single-family three-bedroom home of the property.  Mr. Sharpe stated that they have tried to keep all activity as far as possible from the tidal wetlands which are located toward the rear of the property.  He noted that there will be minimal grading and they will use typical sedimentation and erosion control measures to protect the area to the back of the property.

Mr. Sharpe stated that they originally thought they could put the septic system in the front of the house, but found that it would be too close to the wells of the homes across the street.  Mr. Sharpe stated that the total square footage of the combined lots is 16,584 square feet.  Ms. Marsh stated that new lots have to be 30,000 square feet.  She suggested that the Commission members consider whether this would be considered a new lot.  Mr. Sharpe stated that they are not creating a lot, they are eliminating a lot.

Mr. Sharpe stated that the lot coverage is 1,752 square feet.  He noted that the total floor area of the house is 2,100.

Ms. Marsh suggested that the Commission ask Attorney Branse’s advice regarding whether combining these two lots would be creating a new lot that would require 30,000 square feet.

No one present spoke in favor of or against his application.  Christy Lawrence questioned whether the house would be in a flood plain and whether it would have to be constructed on pilings.  Mr. Sharpe replied that it is in a flood plain but would not be on pilings.  He indicated that it will be constructed in conformance with FEMA Regulations, with the first floor of the house being at or above the base flood elevation which is 11’.  He indicated that the first floor will be at elevation 12.5.

Ms. Marsh questioned the amount of fill.  Mr. Sharpe stated that for the most part there will be a redistribution of material on the lot.  He indicated that they may need an additional 300 to 400 cubic yards to keep the septic system up high enough so that they meet the separation to ground water table.

The Commission agreed to keep the Public Hearing open so that Attorney Branse could comment on whether combining these two lots creates a new lot.

A motion was made by John Johnson, seconded by Jane Marsh and voted unanimously to continue the Public Hearing for the Coastal Site Plan Application to construct a single family residence, 13-15 Caulkins Road, Michael Simone, applicant, to the November 14, 2005 Regular Meeting.

4.      Site Plan/Special Exception Application to construct a six foot fence in the front setback, 40 Mile Creek Road, David Prilipp, applicant.

Ms. Marsh read the legal notice as published in the Main Street News on Thursday, September 30 and Thursday, October 6, 2005, which was marked Exhibit A.  She read the remainder of the exhibit list for the record.

Chairman Kiritsis noted that the applicant is not present and suggested that the Public Hearing be continued.

A motion was made by Jane Marsh, seconded by John Johnson and voted unanimously to continue the Public Hearing for the Site Plan/Special Exception Application to construct a six foot fence in the front setback, 40 Mile Creek Road, David Prilipp, applicant, to the November 14, 2005 Regular Meeting.

5.      Site Plan/Special Exception/Coastal Site Plan Application to construct an office building/showroom, 4 Huntley Road, Robert Giannotti, applicant.

Chairman Kiritsis noted that the Public Hearing was continued from the September Regular Meeting.  Anthony Hendriks was present to represent the applicant.  Ms. Marsh read the new exhibits for the record, beginning with Exhibit N.  She read the Wetlands approval along with the conditions.  

Mr. Hendriks stated that the building is 6,000 square feet.  He gave a brief overview of the site plan.  Mr. Hendriks stated that he has addressed the concerns of Mr. Metcalf and the changes are reflected on the most recent site plan.  Mr. Hendriks stated that they have provided an environmental report on the site and noted that the existing well is clean.  

Mr. Hendriks stated that the building will be used for offices for Questa Builders and there will be a showroom area for kitchen cabinetry.  He noted that there will be six or seven employees working out of this facility.  He explained that there will also be storage in the building.

Mr. Johnson suggested that the property have an irrigation system so that the lawn and shrubbery is constantly green.  Ms. Marsh asked that the 75’ restricted area be marked on the plan.  Mr. Hendriks noted that much of the site will not be cleared and noted that the entire area to the west of the level spreader will be untouched.

Ms. Brown noted that the file contains comments from the DEP.  She noted also that Marcy Balint, Long Island Sound Program, did not have any comments.  Ms. Brown stated that there is a letter from Bill Warzeka discussing water quality concerns due to a previous spill of gasoline.  She noted that environmental testing has been done and there is a report.  Ms. Brown stated that Mr. Warzeka did suggest that special testing be done on the water quality from any well on the property to be sure there is no gasoline or other chemicals in it.  She noted that this email was forwarded to Ron Rose and he has indicated that he will be sure this is done.  Mr. Hendriks noted that Soil and Environmental Resource Consultants have provided a report on the site.  

No one present spoke in favor of or against the application.

A motion was made by John Johnson, seconded by Howard Tooker and voted unanimously to close the Public Hearing for the Site Plan/Special Exception/Coastal Site Plan Application to construct an office building/showroom, 4 Huntley Road, Robert Giannotti, applicant.

A motion was made by Howard Tooker, seconded by Jane Marsh and voted unanimously to adjourn the Public Hearing at 8:35 p.m.

Respectfully submitted,



Susan J. Bartlett
Recording Secretary