APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF PUBLIC HEARING
Monday, February 9, 2009
The Old Lyme Zoning Commission held a Public Hearing on Monday, February 9, 2009 at 7:30 p.m. in the Auditorium of Memorial Town Hall. Members present were Tom Risom (Chairman), Jane Cable (Vice Chairman), Jane Marsh (Secretary), Beth Sullivan (Alternate), John Johnson (arrived at 7:35 p.m.), Ted Kiritsis (Alternate) and Patrick Looney. Also present was Ann Brown, Zoning Enforcement Officer.
1. Special Permit Application/Coastal Site Plan Application to construct a structure in the Gateway Conservation Zone in excess of 4,000 square feet, 7 Town Landing Road, Steven A. and Barbara Gaudio, applicants.
Mr. Johnson arrived at this time (7:35 p.m.)
Ms. Marsh read the legal notice as published in the New London Day on Thursday, January 27, 2009 and February 3, 2009. She also read the list of exhibits for the record.
Attorney Childress was present to represent Mr. and Mrs. Gaudio. He stated that Engineer Mike Harkin and Architect Jill Cartagena were also present to explain portions of the application. Attorney Childress stated that Section 4.10 of the Regulations discuss Gateway Standards. He explained that because the house proposed for the site is in excess of 4,000 square feet of floor area, a Special Permit is required. Attorney Childress noted that otherwise, they meet all of the Zoning requirements for the underlying RU-40 Zone. He stated that there is a detailed set of standards in the Regulations by which the Special Permit is to be judged. He noted that Torrence Downes, a representative of the Gateway Commission, reviews each one of these standards and makes comments in his letter dated
January 22, 2009.
Mr. Harkin, Professional Engineer, explained the location of the property. He noted that the parcel is comprised of 3.46 acres, approximately 2,400 square feet of which is classified as an inland wetland. Mr. Harkin stated that the northerly portion of the site has two small pockets which make-up 200 square feet and the southerly portion of the site has 1,900 square feet. He explained that the property currently has a dwelling with an attached garage and screened porch, along with a septic system located at the front of the parcel. He noted that there are underground utilities on the site.
Mr. Harkin highlighted the different flood zones on the property. He explained that the pink area on the site plan is the proposed area of disturbance. Mr. Harkin stated that the note on the plan indicates that this line will be staked. He indicated that the proposal is to demo the existing residence and construct a new driveway, a new four bedroom home with attached garage and rear patio, a detached garage, as well as a solar panel field and geo-thermal well locations. Mr. Harkin noted that the inland wetlands are shown on the site plan in blue and the yellow is the 100 foot upland review area. He noted that there are zero wetland impacts and zero upland review area impacts and there will be nothing constructed in the B Flood Zone.
Mr. Harkin showed the grading plan and pointed out the utilities. He noted that there will be three yard drains to collect the storm water run-off and they are taking the roof leader discharge in multiple locations and putting them into the storm drains. Mr. Harkin stated that it will then be piped into three underground drywells, which will ensure that there will be no increased storm water runoff post-development. He explained that the three drywells will also provide groundwater recharge for the site. Mr. Harkin stated that the driveway and rear patio will be brick pavers. He noted that the orange indicated on the site plan is proposed sediment control measures or silt fence. Mr. Harkin stated that they intend to isolate the construction area. He noted that where there is no
orange shown there are existing stone walls creating a natural berm. Mr. Harkin stated that on the easterly property line there is a proposed swale to catch water before it goes onto the neighbors property and instead discharge into the existing wetlands. He noted that they are not changing any drainage patterns on the site.
Mr. Harkin stated that they have met with Gateway and Torrence Downes has submitted a fairly favorable letter in regards to the project, with the exception of a few things that he requested be incorporated into the plan which they have done. He stated that there is a detailed landscape plan which was created by Point One Architects. Mr. Harkin stated that they are currently before the Inland Wetlands Commission. He noted that a site walk has been set for Saturday, February 14, and they hope to have a decision at their next meeting on February 24, 2009. Mr. Harkin stated that the septic system has been approved by the Town Health Department, as well as Bob Scully from the State. Ms. Brown stated that the Health Department is looking for a confirmation of approval from Mr. Scully.
Mr. Harkin stated that they submitted a CAM application and OLISP has asked them to incorporate some low-impact development ideas. He noted that one specific item they were looking for was rain gardens. Mr. Harkin stated that they would plan to incorporate one into the landscape plan. He indicated that she was also requesting pervious pavers for the driveway and patio which the applicant is happy to do and will clarify on the plan. He noted that for best management practices they have already incorporated solar fields, geo-thermal wells, a low-flowing swale, and have eliminated the amount of spot discharges with the roof leaders as they are tying everything into one area through the yard drains and trying to get more infiltration.
Mr. Harkin stated that the fill be brought in is the minimal that is needed. He indicated that Ms. Brown asked them to verify the calculations, which they will do using a 5 x 5 grid instead of a 20 x 20 grid. He noted that the existing house is at elevation 15.33 and the first floor of the proposed house will be at elevation 16. Mr. Harkin stated that FEMA requires that the structure cannot be lower than elevation 11. He explained that they will have a 4’ crawl space, which brings them to elevation 15, plus one foot of framing for a final first floor elevation of 16. Mr. Harkin stated that the garage is set at elevation 14 to alleviate the need for more fill. He explained the need for additional fill for the septic system. Mr. Harkin stated that the total fill requirement is
1600 yards.
Jill, Point One Architects, resubmitted the landscape plan as the species were not labeled in the original plan. Ms. Marsh marked the landscape plan Exhibit O. Jill stated that in the Gateway Zone height is measured from the existing grade. She noted that they are starting at elevation 6.5. She stated that the actual height of the house ranges from 26 feet to 29 feet. Jill explained that the ridge of the attic is 5’8”. She noted that that there is no storage in the crawl space and no storage in the attic which is the reason for the additional garage space. She explained that there is a large mechanical room in the garage attached to the house. Jill stated that in the detached garage they will store their tractor, plows and lawn equipment. She noted that the
Gaudios are stewards of the Nature Conservancy that is adjacent to their property and they plow and maintain that property.
Mr. Johnson questioned the total square footage of the house. Jill replied that it is 7,986 square feet. Ms. Cable noted that the Inland Wetlands Commission indicates that it is 6,500 square feet. Jill stated that the 7,986 includes the garage space and the space above it. She noted that the garage attached to the house has a second story which is one long room. Jill stated that it is being counted as a bedroom for septic calculations, as is the top floor of the detached garage.
Jill stated that the house is in character with the neighborhood, the Town and the region in its architecture. She noted that they have supplied a list of finishes. She noted that the siding will be cedar, the trim white and the roof is asphalt with copper. Ms. Marsh questioned what efforts will be made to conceal the house, as the purpose is that it will not be seen too much from the River. Mr. Harkin stated that the closest area is the backriver and on the CAM application it was listed as 450 to 500 feet from the edge of the house to the backriver itself. Ms. Marsh questioned whether the land was flat. Jill indicated that it is, that it is a wide open meadow. Ms. Marsh stated that she is interested in the landscape plan and how it will mitigate the view of the house. Jill
noted that they will not be taking down any trees but rather planting some trees along the street and in the front of the house along the driveway. She explained that it is all open meadow and it would be against the Gateway Regulations and what the Gaudios would like to plant trees in the front of the house. Ms. Marsh stated that it is not against the Regulations, it is what Gateway would like to see. Jill stated that they would be changing the site if they planted a row of trees in front of the house and it would eliminate the views. Ms. Marsh stated that the house will be changing the site and although there currently is a house on the site the proposed house is much more visible. Ms. Marsh stated that a few trees would break up the front of the house. Attorney Childress stated that the Nature Conservancy has requested that the Gaudios maintain the open meadow and the report from Torrence Downes states that it appears scaled to the
environmental setting.
Jill presented a photograph that depicts an aerial view of the property. Mr. Johnson questioned whether they plan to mow the meadow. Jill replied that they do plan to mow it. Barbara Gaudio stated that when they purchased the property 14 years ago it was to be maintained and mowed. She noted that the Nature Conservancy required this and does not want trees in the front. Mr. Gaudio stated that they mow the meadow once a year in the late Fall. Jill stated that there are currently sugar maples and they plan to add four more. She pointed out the other existing trees on the site plan.
Jill noted that they will shield the solar panels with 6 foot high rhododendron. Mr. Johnson questioned what the solar panels would look like and Jill provided a picture she had taken off the internet. Mr. Kiritsis questioned how high the solar panels would be. Mr. Gaudio noted that they would be 14’ high at most.
Mr. Looney questioned why they had to go to H20 loading versus H10 in with the septic in an area that there will not be any loading or driving. Mr. Harkin noted that it is for the mowing and the size tractor that is used for the mowing. He noted that the tractor is the size of a car, which is the reason for it. Mr. Looney questioned whether they have something coming from the State which would allow a single septic system to handle both structures. Mr. Harkin replied that they are asking for a central system. He noted that normally two structures require two systems. Mr. Harkin noted that a central system is allowed but must be approved by the State.
Attorney Childress noted that the Regulations encourage applicants to use solar power. He presented photographs of surrounding homes to show the Zoning Commission that the proposed house is in scale with the surrounding homes. Jill noted that they also have square footages taken from the Town’s records.
Attorney Childress stated that Torrence Downes reviewed the Gateway Standards in his letter dated January 22, 2009. He indicated that on Page 2, Item 3, Mr. Downes talks to the meadow and natural characteristics that exist. Attorney Childress noted that Mr. Downes comments on the fill, which they are addressing, but otherwise he notes that this standard has been met. He noted that Mr. Downes also comments favorable in Item 4, Page 2. Attorney Childress reviewed the remainder of the letter, and noted that in summary, the Gateway Standards have been met.
Mr. Kiritsis questioned whether a Special Permit is needed for the solar panels. The Commission agreed that it did not. Attorney Childress stated that there are many requirements of the Special Permit that do not relate to a residential site. He noted that for that reason they have requested waivers of anything that has not been submitted.
Ms. Marsh stated that she is looking for an amendment to the landscape plan that shows a few trees in the front. Ms. Brown noted that the hearing should not be closed this evening because they are awaiting the Wetlands approval and there are many revisions that need to be added to the plans. Mr. Harkin agreed, and noted they were waiting for the comments from the Zoning Commission. He indicated that he is also waiting to hear from Mr. Metcalf.
Ms. Marsh read a letter from Oliver L. Patrell, neighbor on Town Landing Road, requesting that the Public Hearing be continued because he has not been provided adequate time to review the plans. Mr. Harkin stated that they received signs from the Town and posted them on the subject property on January 30, 2009.
Ms. Cable stated that she is concerned that the Wetlands Commission does not know the true size of the structure. Ms. Brown indicated that she will mention it to the Commission. Mr. Harkin stated that he discussed the square footage at the Wetlands meeting. He indicated that he will clarify it at the next meeting.
No one present spoke in favor of or against the application. Hearing no further comments, Chairman Risom asked for a motion to continue the Public Hearing to March 9, 2009.
A Motion was made by Jane Marsh, seconded by Pat Looney and voted unanimously to continue the Public Hearing for the Special Permit/Coastal Site Plan Application to construct a structure in the Gateway Zone in excess of 4,000 square feet, 7 Town Landing Road, Steven and Barbara Gaudio, applicants, to the March 9, 2009 Regular Meeting.
Chairman Risom adjourned the Public Hearing at 8:50 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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