APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF PUBLIC HEARING
Monday, March 10, 2008
The Old Lyme Zoning Commission held a Public Hearing on Monday, March 10, 2008 at 7:30 p.m. at the Phoebe Griffin Noyes Library. Members present were Tom Risom (Chairman), Jane Cable (Vice Chairman), Jane Marsh (Secretary), Patrick Looney, John Johnson and Ted Kiritsis (Alternate). Also present was Mark Branse, Commission Counsel and Ann Brown, Zoning Enforcement Officer.
Chairman Risom called the Public Hearing to order at 7:33 p.m. Ms. Marsh read the legal notices for the record.
1. Special Exception Application to construct multi-family housing, 49 Hatchetts Hill Road, Hilltop Development, LLC, applicant.
Chairman Risom noted that this Public Hearing was continued from January. Ms. Brown noted that the Wetlands Commission decided at their last meeting that the permit would transfer to the new owner and that the original approval stands with no modifications. . Ms. Marsh read the additional exhibits for the record.
Matthew White, Angus-McDonald & Associates, was present to represent the applicant. He indicated that the sight line demonstration plan that was submitted as part of this application is the same one that was submitted and approved with the 2005 plan. Mr. White stated that the sight distance is 400 feet looking to the left and 600’ to the right. He explained that this includes some grading improvements in association with the entrance and along the frontage of Hatchetts Hill Road.
Mr. White stated that since the last hearing they received review comments from the Commission’s engineer Wade Thomas, subsequently met with Mr. Thomas, and revised the plans to address all his comments. He indicated that his letter to the Commission details how the comments were addressed. Mr. White noted that there is also a letter in the file dated today indicating his satisfaction with the revised plans. Mr. White stated that the comments were very minor, in one instance a swale was added; a discharge was relocated; and a few other minor issues.
Mr. White indicated that Ms. Atwood-Johnson’s letter indicated that there is now an open space component to this development. He pointed out that there always was an open space component, it has just gotten larger. Ms. Cable questioned whether the open space is land-locked. Mr. White replied that it has a little frontage on Hatchetts Hill Road. Chairman Risom questioned whether there is any other open space that abuts this open space. Mr. White replied that he is not aware of any other open space. Mr. Kiritsis questioned the percentage of land allocated to open space. Mr. White stated that it is listed as 8.5 out of 24.6 acres on the Zoning Data Table. Mr. Kiritsis stated that the Open Space Committee meets this coming Friday if the applicant is interested in meeting
with them.
Attorney Cronin indicated that he received a call today from Ms. Brown concerning this matter. He indicated that he told Ms. Brown that he would be available Friday morning at 8:30 to meet with the Open Space Committee. Attorney Cronin pointed out that potential buyers will want to know that there is some common land that belongs to them. He stated that the last time this issue did not come up because it was felt that the development documents protect that for the Town. He explained that the Town becoming involved is simply a matter of approving the appropriate documents to include the Town as a party with regard to the enforcement of the Regulations and the right to go on the property. Attorney Cronin stated that he would recommend to simply use a similar document that has been approved by
the Town on other subdivisions and work out the language to the satisfaction of the Town’s Counsel. Ms. Cable questioned whether this would be a Conservation Easement. Attorney Cronin indicated that it would be a Conservation Easement.
Ms. Marsh stated that she thought they were planning to submit their Conservation Easement at this hearing this evening. Attorney Cronin indicated that he does not have one this evening, but he would get one to the Commission.
Anthony Convertito, Hilltop Development, was present to address the timeline of the project. He indicated that they are planning to move forward with 30 to 60 days of approval. Mr. Convertito stated that the project would be completed in approximately 18 months.
Attorney Cronin indicated that they would submit a letter allowing extension of the Public Hearing to the April 14, 2008 Regular Meeting so that the applicant has the opportunity to submit the Easement documents in the proper form.
No one present spoke in favor of or against this application. Hearing no further comments, Chairman Risom noted that the Public Hearing would be continued to the April 14, 2008 Regular Meeting.
2. Site Plan Application/Coastal Site Plan Application to construct a floating dock, landing, and ramp, 15 Tantummaheag Road, Mark Johnston, applicant.
Ms. Marsh read the legal ad as advertised in the New London Day on Thursday, February 28 and Thursday, March 6, 2008. She then read the list of exhibits for the record. Ms. Brown explained that docks and walkways are specifically exempted from Coastal Site Plans, although the applicant submitted one, she does not believe the Commission needs to act upon it.
Keith Neilson, DOCKO, was present to explain the application. He indicated that the application is for a fixed pier and floating dock at the property of the Johnston’s. Mr. Neilson stated that they conducted a parcel topographic survey to determine the logical area for the dock facility. He pointed out the house location on the site plan. Mr. Neilson stated that the planking is nailed to headers at each of the respective joints and is not anchored to the ground. He noted that there are about five feet of level platform, stairs, a hinged ramp and two small, 6’ x 20’ floating dock that will be attached in an “L” shape to form a small docking facility for a small boat. He noted that the water is only one to two feet at that spot at low tide. Mr. Neilson
stated that Mr. Johnston originally had indicated that, for his work, he is sometimes able to be picked up by sea plane and he wanted to have a dock facility that would allow a sea plane to come in. He explained that this was taken into consideration in situating and orienting the dock.
Mr. Neilson stated that the shoreline section is classified in DEP Regulations as Shoreland and the flood zone is shown on the map. He explained that it is also next to a Fragmities Marsh. Mr. Neilson stated that they have avoided impact to any of the Town wetlands in this project because they situated the access pier right over exposed ledge and will be physically attached to the ledge. He noted that the project is not going to have significant adverse environmentally impact because the pier structure is attached to the existing rock, which will involve drilled pins set in the ledge and the pile being set over the pin and clamped to the pin. Mr. Neilson stated that because of shallow ledge in the area and in order to avoid significant adverse environmental impact, they will be using anchors to
hold the pier laterally. He explained that the dock will be used for access by sea plane.
Mr. Neilson stated that he believes the application is very complete and follows the Zoning Regulations as closely as possible. He indicated that he has made all necessary notes delineating the wetlands and all vegetation is shown. Mr. Neilson explained that he filled out a Coastal Site Plan Application to be on the safe side. He noted that this is a water-dependent use and consistent with this zone in accordance with the Coastal Management Act. Mr. Neilson stated that the project is currently before the DEP and are negotiating some of the characteristics of the dock, but he believes that this proposal is what the permit will show or something very close to it. He indicated that the DEP would like them to consider coming off the concrete footing for the old boat house and that is an option. Mr. Neilson stated that he prepared an exhibit which depicts this prospect.
Ms. Cable questioned whether there is lighting proposed. Mr. Neilson stated that it is not necessary to have lighting installed. He indicated that he generally likes to have the provision for lighting, and knowing that it can sometimes be controversial, they generally install a power post for a charger for the boat it can have lights that are turned on and off by timer. Mr. Neilson noted that in this way they won’t be lighted on all night. He indicated that generally the lights have baffles are low such as those along a walkway. Ms. Brown questioned how the cable system would be installed. Mr. Neilson indicated that it would have to be underground.
Ms. Cable noted that this dock is 240 square feet and the Office of Long Island Sound Programs has indicated that docks are typically limited to 100 square feet. Mr. Neilson stated that the 100 square foot float that they would like to see is not a DEP Regulation. He indicated that it is an arbitrary standard. He stated that for ten years he has had to jump through hoops to try and justify larger floats. Mr. Neilson stated that the DEP can be difficult about this. He indicated that 10’ x 10’ is not larger and is difficult to stand on and react quickly to waves and so on. Mr. Neilson explained the room needed for the wing of the sea plane, although he acknowledged that the sea plane was a secondary reason for the dock. Mr. Kiritsis questioned how often the sea plane
would dock there. Mr. Neilson indicated that it would be a couple times a month. Mr. Kirisis questioned the noise factor of a sea plane. Mr. Neilson stated that the noise generation by airplanes are frequently by the propeller type. He noted that three-bladed prop sea planes are operating below tip speed and are not generating the same type of harsh sounds. Mr. Neilson stated that Lords Cove is designated a sea plane landing area today on federal aviation charts.
Chairman Risom questioned when they would be receiving DEP approval. Mr. Neilson indicated that he is not sure when they will be receiving DEP approval. Chairman Risom stated that he would like to have the DEP approval in hand before taking action because he has the feeling that the DEP will change the plan. He noted that he is also concerned with Ms. Balint’s comments. Chairman Risom questioned whether the applicant would be willing to keep the hearing open to the April 14, 2008 Regular Meeting to see if they hear back from the DEP. Mr. Neilson indicated that he has no objection to keeping the hearing open. Chairman Risom indicated that he would also like the applicant to provide a lighting detail for the file.
Janet Bagg, neighbor to the south at 17 Tantummaheag Road, indicated that she is in favor of the dock for a small boat because it is in keeping with the rest of the homes. She stated that she is confused by the statement that a 100 square foot dock would be unstable. Mr. Neilson stated that what makes this particular dock more stable is the “L” shape so the center of gravity is different and it has stability in two directions.
Diana Atwood-Johnson indicated that she would like to submit some material to the Commission. She submitted a map marked Exhibit J. Ms. Atwood-Johnson indicated that she is not opposed to the dock specifically, but is opposed to the idea of their being a sea plan in Lords Cove. She agreed that there was a sea plane on Lords Cove once but noted that it was over 20 years ago. Ms. Atwood-Johnson asked to share a letter with the Commission that she wrote when the Cummings had made application for a subdivision which indicates the importance of Lords Cove. She noted that in the application to the State, no inquiry was made to the National Diversity Data Base and she provided a copy of the list of endangered and threatened species and species of special concern for the State. Ms.
Atwood-Johnson stated that all of the grey areas are possibilities of endangered species, specifically a list of bird species. She stated that there are many in that area of Lords Cove. Ms. Atwood-Johnson stated that the plane will be landing and it is clear that it will be within 500 feet of three osprey nests. She also provided a copy of the application made to the State and the State’s response to that initial application.
Ms. Atwood-Johnson asked the Board to not approve or consider this application until the approval for a sea plane is either granted or denied by the State of Connecticut. Ms. Cable questioned whether the DEP would be approving sea plane activity or just the dock. Ms. Atwood-Johnson replied that she is not sure but it needs to be determined.
Ms. Atwood-Johnson stated that they have about ½ a million swallows that land on Goose Island from approximately the middle of August to the end of October. She noted that Roger Tory Peterson wrote about them years ago and she provided a copy of that article to the Commission.
Ms. Atwood-Johnson provided a photograph of an osprey that caught a shad right off of Mr. Johnston’s property. She indicated that although the Zoning Commission’s jurisdiction is limited, if they approve this project it opens the door for the sea plane. She reminded that the osprey was almost extinct and has recovered to the point that there are now two nesting pairs right on Goose Island and a third platform is available.
Dino DiNino questioned whether there was any proof that the birds left the area because of the sea plane that existed twenty years ago and whether the sea plane will affect the existing birds. Ms. Atwood-Johnson stated that she has photographs from Lords Cove which show nesting osprey. She noted that there are also bald eagles on the cove. Ms. Bagg submitted a photograph of a bald eagle taken from her property toward the Johnston property (Exhibit P).
Tom Bagg stated that he would like to see the Johnston’s get a dock for a boat, but he feels very srongly that the dock should not be so extensive that it permits the landing of sea plane. He indicated that the cove is full of kayaks and this will alter the character of the cove as well as create possible environmental damage.
Mr. Neilson indicated that he would get information from the FAA about sea plane activity and restrictions. He indicated that he does not believe there is anything from the State Aeronautics Division that would pertain to sea planes, but he will double-check with them as well. Mr. Neilson stated that he requested, on more than two occasions, analysis of the area and they have been told that they will forward an NDDD letter. He explained that NDDD is generally seasonal restrictions for construction and rarely operational consideration.
Tim Berry, adjacent property owner, stated that the Johnston’s are good neighbors. He indicated that he is not opposed to his neighbor’s having a dock, but he is not sure about a sea plan.
Hearing no further comments, Chairman Risom noted that this Public Hearing is continued to April 14, 2008 Regular Meeting.
3. Special Exception Application (SVVD) to add second floor office and ventilation system, 83 Hartford Avenue, Keith Grills, applicant.
An audience member indicated that the applicant is at the Catholic Church because he was told that was where the meeting was going to be.
Chairman Risom tabled this item to later in the meeting.
4. Site Plan Modification Application to modify parking, 77 Lyme Street, Lyme Academy of Fine Arts, Inc., applicant.
Tony Hendriks was present to represent the Art Academy in their application to construct an overflow parking area containing 30 spaces. He explained that this would be located across Lyme Street from their present location. Mr. Hendriks stated that a few years back the Lyme Academy was before the Commission for the building as it exists now. He explained that at the same time approval was given for Phase V, which was a gallery across Lyme Street. Mr. Hendriks stated that at that time it was approved with 100 parking spaces for the facility. He indicated that the Academy is here this evening to bring the parking up to the required standards, noting that presently there are 70 parking spaces associated with Phases 1 through 4.
Mr. Hendriks stated that the parking plan has been reviewed by Mr. Metcalf, Commission Engineer. He submitted a revised site plan, revised through March 10, 2008. Mr. Hendriks stated that one of the comments had to do with the site data table being on the second sheet. Mr. Hendriks stated that the purpose of the site data table is to provide continuity between Phases I through III, IV and V, and to show what is happening as far as coverage is concerned, but more importantly it shows how they arrived at the required parking.
Mr. Hendriks stated that Mr. Metcalf asked that the paved apron be at least 25 feet in length and this change has been added to the plan. He indicated that they have also added gutter line elevations as requested. Mr. Hendriks stated that he changed the location of the high point so only five to ten feet of the water that falls on the paved apron goes into the apron and the rest of it goes into the site. Mr. Hendriks stated that in talking with the maintenance supervisor of the Academy, he suggested that it be left alone and not grassed, as it would be more easily identifiable. He also noted that grass could work its way up through the gravel base and for this reason he has not specified a type of grass as Mr. Metcalf requested. Mr. Hendriks pointed out the temporary cross walk and noted that
it has been moved slightly as suggested by Mr. Metcalf. He noted that the cross-walk is temporary as they are under the understanding that it will only be used for 4 or 5 special events during the year. Mr. Hendriks stated that there will be temporary signage used when the parking lot is used. Ms. Brown questioned why they would not propose a permanent cross-walk. Mr. Hendriks indicated that they would have to paint white lines all over Lyme Street and it will only be used a handful of times per year.
Mr. Hendriks stated that the last comment was regarding the grass berm and he noted that they still do not propose to plant on the berm but rather to let the grass grow on top. He noted that the berm is 2.5 feet high and will provide adequate protection to the adjoining neighbors. Mr. Hendriks stated that they will place temporary signs to prevent cars from driving too far out and onto the field. He noted that these signs will be used when the parking lot is open.
Mr. Looney questioned the color of the gravel. Mr. Hendriks suggested that they could use a tan color gravel.
Dr. Jeffrey Miller, abutter, stated that tonight was his first opportunity to review the plans. He stated that having lived next door for several years, he’s noticed that the there are usually more than 30 extra vehicles for the four to six large events per year. Dr. Miller questioned where these other vehicles would park. He indicated that 30 additional spots do not appear to be enough. Dr. Miller questioned whether there will be a requirement for them to maintain the gravel driveway. He indicated that run-off from the parking area will affect his property so he is concerned about chemical control of the weeds in the gravel. Dr. Miller stated that he is concerned that the shrubs are not included on the berm as they were originally. He indicated that a two foot rise in the
elevation will not be sufficient to protect his property from car headlights. Dr. Miller stated that although it is presented to only be used four to six times a year, unless there is a gate across the front, it will be used more routinely.
Dr. Miller noted that originally, he did not have a problem with these parking spaces. He explained that he believed that the current entrance was to be used, but only when seeing the plan did he see that the entrance directly abuts the edge of his property.
Diana Atwood-Johnson stated that the Lyme Academy is here because of a requirement set forth by the Commission. She indicated that the Academy would be happy to leave it the way it currently is, as it sounds, would Dr. Miller. Ms. Marsh questioned whether the Academy would include plants on top of the berm. Ms. Atwood Johnson stated that they would if they could go back to the original plan, leaving the driveway and parking area where it is.
Mr. Hendriks stated that the proper place for the driveway entrance is where it is shown on the plan. He indicated that it is not good planning to have two driveways separated by only 50 feet. Dr. Miller indicated that he would not think it would be a problem leaving the driveway where it is for 30 cars to use the parking area four to six times a year. Ms. Brown questioned whether they are anticipating more than 30 cars using the gravel lot. Chairman Risom noted that the 30 parking spaces pertains to the use across the street, not specifically special events. Ms. Brown stated that she is looking for clarification because she will be receiving the complaints. She questioned whether it is the Commission’s intent to limit the parking area to 30 parking spaces.
Ms. Atwood-Johnson stated that she does not believe it is the intention of the Academy to limit the parking to 30 spaces and there are some events where they clearly need more than just 30 spaces in that field.
A motion was made by Jane Cable, seconded by John Johnson and voted unanimously to close the Public Hearing for this item.
5. Special Exception Application (SVVD) to add second floor office and ventilation system, 83 Hartford Avenue, Keith Grills, applicant.
The Public Hearing for this item is continued to the April 14, 2008 Regular Meeting.
At 8:57 p.m., Chairman Risom adjourned the Public Hearing.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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