OLD LYME ZONING COMMISSION
PUBLIC HEARING
MONDAY June 8, 2009, 7:30 P.M.
Auditorium of Memorial Town Hall
52 Lyme Street, Old Lyme, CT
The Old Lyme Zoning Commission held a Public Hearing on Monday, June 8, 2009, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were: Tom Risom (Chairman), Jane Cable (Vice Chairman), Jane Marsh (Secretary), Patrick Looney, Ted Kiritsis (Alternate), Beth Sullivan (Alternate) and John Eichholz (Alternate). Also present was Ann Brown, Zoning Enforcement Officer.
Chairman Risom called the Public Hearing to order at 7:31 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 was continued from the May 11, 2009 Meeting. Ms. Marsh read the list of new exhibits for the record. Chairman Risom explained that because the Planning Commission voted unanimously against this proposal, the Zoning Commission would have to approve it by a super-majority, or two-thirds vote of the Commission, for it to pass.
Attorney Steven Sheehan was present to represent the applicant. He explained that this proposal is an attempt to allow an environmentally friendly development with open space and in a manner that uses renewable energy. Attorney Sheehan stated that they are also showing concern for Old Lymes sewer avoidance program. He noted that the proposal complies with most of the Plan of Conservation and Development. Attorney Sheehan stated that the Plan of Conservation and Development, Page 16, permits clustering to conserve open space. He pointed out that several times throughout, the Plan of Development refers to creating different home types for different age groups. He noted that the theory here is to move the homes in a closer proximity so that a larger amount of
open space is available, rather than having larger yards. Attorney Sheehan stated that the revised application, submitted at the last hearing, requires that the there be access from an arterial or collector roadway, thereby limiting the parcels that would be eligible to apply under this Section of the Regulations. He noted that it also requires that the roads be privately maintained, staying consistent with the Planning Commissions idea of maintaining the cost to the Town of any new development; there is a requirement that it be connected to public water and have suitable soils, addressing the issue of increased ground water contamination and in; not allowed in the Gateway Conservation Zone.
Attorney Sheehan stated that he received a letter today from Attorney Branse that he has reviewed the revised application and has advised that it addresses all technical issues in his review letter. Ms. Marsh marked this letter Exhibit O.
Attorney Sheehan stated that the Planning Commission does not appear to have reviewed the revised application, Exhibit N. He stated that he questions whether they had the benefit of reviewing the proposal that had all of Attorney Branses concerns addressed. He noted that Attorney Casellas review comments were very similar to Attorney Branses. Ms. Brown stated that she could confirm whether the Planning Commission reviewed the revised application or not, but he would have to request that the Public Hearing be held open to July. Attorney Sheehan indicated that he would like clarification and requested that the Public Hearing be held open.
Attorney Sheehan stated that he only received comments back from Attorney Branse on the revised proposal. He noted that he has not received a letter from Gateway indicating that they acknowledge that the Gateway Zone is not included in the proposal and he has not received comments back from anyone else. Attorney Sheehan stated that this leaves the question in his mind whether or not it was referred to everyone. Ms. Brown stated that the revised proposal was sent to Gateway and she has not received comments back from Torrence Downes.
Joe Wren, Professional Engineer, stated that many of the Planning Commissions comments are addressed in the revised proposal. He stated that the applicant is required to have a potable public water supply and all septic systems must be Public Health Code or DEP compliance, as applicable. Mr. Wren explained that these changes were made to address concerns expressed. He stated that the Planning Commission indicates in their letter that the proposal is not in compliance with the Plan of Conservation and Development. Mr. Wren stated that there are many instances in the Plan of Conservation and Development where it encourages cluster development. He pointed out Page 16 (No. 5). He indicated that Page 13 encourages different sizes and types of development suitable for many different ages,
which is part of the intent of the proposal. Mr. Wren stated that Page 11 addresses maintaining population diversity and encourages housing for an aging population. He indicated that clustering and condominiums offer a lower cost option. Mr. Wren stated that Page 12 discusses conserving open space, which again, is the proposals intent.
Mr. Wren displayed two development proposals, one being under the current regulations and the other under the proposed regulation, noting the differences. He explained that there is a 56 percent increase in open space in the second scenario. Ms. Cable questioned whether Mr. Wren made this presentation to the Planning Commission. Mr. Wren indicated that he had not but would if the public hearing is continued to July.
Ms. Marsh questioned what would guarantee that the open space would be one large piece. Attorney Sheehan stated that the regulation requires that it be one contiguous piece. Ms. Marsh stated that a piece could be contiguous without being one large piece. Mr. Wren explained that once open space is dedicated it becomes the property line and that property line must be respected. Attorney Sheehan stated that they are in agreement with the intent of the open space and have to be careful in wording it as to not prevent intentional pathways to adjacent open space. Mr. Wren noted that open space has to be approved by both the Open Space Committee and the Conservation Commission. Ms. Brown questioned whether the language requires Open Space and Conservation Commission review or approval.
Attorney Sheehan stated that the proposed regulation states that the Planning Commission shall give due consideration to the Open Space and Conservation Commissions recommendation. He explained that the proposal requires that the open space be deeded to the Town.
Mr. Wren noted that the current regulations would allow 20 dwellings in his example and the proposal would allow 25 dwellings. He noted that this correlates to one unit to 1.5 acres (20) units and one unit to 1.2 acres (25); Mr. Wren stated that it would be 1/3 acre less per unit. He noted that there would be a 56 percent increase in open space under the proposed regulation.
Mr. Wren reiterated that they did not receive any additional comments from Gateway, CRERPA or DEP after they revised the text amendment. Attorney Sheehan stated that they are trying to respond to comments as they are received. He noted that the idea is to end up with an environmentally friendly development. Attorney Sheehan stated that some parcels are more conducive to wind towers than others. He noted that the geo-thermal has no aesthetic detriment to the property.
Mr. Looney questioned the maximum unit bonus to the developer. Attorney Sheehan stated that the incentive is capped at 20 additional units, which would require an extremely large parcel.
Jeff Montano stated that he was raised a summer resident in Old Lyme and he purchased a home here twenty-five years ago. He noted that his family runs Cherrystones Restaurant and in the off season he is a substitute at Old Lyme High School. Mr. Montano stated that the property in question is his familys; the golf range. He stated that this type of project is a need for the Town as many residents down-size and leave Old Lyme. Mr. Montano stated that the open space will leave the marshes intact. He stated that his parents house in Old Colony is very close to the neighbors house so he knows how they dont want to develop the property. Mr. Montano stated that geo-thermal and solar will add another $50,000 to the price of the homes. He noted that he is aware that Old Lyme doesnt want
the type of developments like the ones going on in East Lyme.
Diana Atwood-Johnson, Chairman of Open Space, stated that the Open Space Committee has not received the revised proposal. She stated that it might help if the applicant is able to present to them as they did this evening to the Zoning Commission. Ms. Atwood-Johnson indicated that it might also be helpful to the Planning Commission. She indicated that the Open Space Committee is very much in favor of the concept of conservation developments.
Chairman Risom noted that the Public Hearing for this item would be continued to the July 13, 2009 Regular Meeting.
2. Special Permit Application to replace existing fence, 227 Shore Road, Alice Marie Fitzgerald, applicant.
Chairman Risom stated that Ms. Sullivan would be seated for this Public Hearing. Ted and Alice Fitzgerald were present to explain their application. Ms. Fitzgerald stated that they recently purchased the property and planned to put a fence around it to contain their two dogs and for privacy. She explained that the house faces Shore Road and they would like to put a 6 fence inside the existing tree line along Shore Road. Ms. Fitzgerald stated
Chairman Risom stated that he would like Ms. Fitzgerald to draw the fence on the property sketch and note that it is 6 high. Ms. Fitzgerald added the fence to her site plan, noting the small section that would be 6 high. She indicated that she would leave the existing trees and put the fence on the inside of them. Ms. Brown stated that the required setback for the zone is 25 feet from the street. Mr. Looney stated that he would like to see measurements from the fence to the property line so that the Zoning Enforcement Officer can evaluate the plan for compliance.
Chairman Risom stated that the portion within 25 feet of the front setback is what is relevant to the Zoning Commission. He noted that from the plan it appears to only be 6 feet to the property line from the proposed fence.
Ms. Marsh read the legal notice as published in the New London Day on Tuesday, May 26 and Tuesday, June 2, 2009. Chairman Risom read the exhibit list for the record. Mr. Kiritsis stated that the applicant should take the proper measurements, add them to the site plan, and return to the Commission with the all the information required.
A Motion was made by Jane Marsh, seconded by Jane Cable and voted unanimously to close the Public Hearing for the Special Permit Application to replace existing fence, 227 Shore Road, Alice Marie Fitzgerald, applicant.
3. Special Permit Application to construct a new bus parking facility, 109 Four Mile River Road, Town of Old Lyme, applicant.
Ms. Cable stated that she lives on Four Mile River Road and questioned whether the applicant would have an issue with her sitting for the hearing. Tim Griswold, First Selectman, indicated that he would not. Chairman Risom noted that John Eichholz, Alternate, would be seated for this Public Hearing.
First Selectman Griswold stated that Jadon Drive is a residential neighborhood where the buses have been housed for a number of years. He explained that over the years the number of buses has grown, and originally were run on gasoline, not diesel as they are today. Mr. Griswold stated that the buses begin running around 5:30 a.m. and the vapors from the buses settle in the valley. He noted that about five or six years ago, the Marshs who live across the street, began requesting that the bus parking location be moved. Mr. Griswold stated that since they knew the landfill was being closed they engaged an engineering firm to determine whether a portion of this property could house the buses. He indicated that there has been progress over the years and last November they were able to get a
commitment from the school that the Four Mile River Road location could house the buses for the next ten years and the rent will aid in paying off the improvements. He explained that the bus contract will end in July 2010. Mr. Griswold stated that they have spent quite a bit in engineering and have been before Planning and Wetlands with favorable results.
Mr. Griswold stated that they propose a 1,000 square foot facility that will serve the district well into the future. He noted that the lot location is good and the Town is building equity. Mr. Griswold stated that if they are successful before the Zoning Commission this evening they will finalize the cost and bring it to Town meeting. He indicated that he believes the project has town wide support and asked for the support of the Zoning Commission.
Matt Brown, Licensed PE, stated that there were a few modifications to the plans that were requested by the Fire Marshal. Mr. Brown explained the site plan, including the dispatch building location and the location of parking spaces for both the buses and employees. He pointed out the location of the above ground diesel fuel tank, noting that it has been approved by the Fire Marshal. Mr. Brown noted that the water will be supplied from an existing well. He noted that there is an on-site septic system which will serve the building. Mr. Brown noted that there is only one, unisex bathroom. Mr. Brown stated that a spill prevention plan will be in place as required by law. He noted that the people handling diesel fuel must be trained appropriately.
Mr. Kiritsis questioned where the buses would be serviced. Mr. Brown replied that they would not be serviced at this site. Mr. Kiritsis questioned where they would be serviced. Mr. Brown replied that that would be up to whoever gets the bus contract. Mr. Kiritsis stated that he would be most concerned about the changing of oil on site or brakes. Mr. Griswold assured the Commission that there would be no repairing of the buses on site, with the exception of perhaps changing a headlight or something so related.
Ms. Cable questioned where there is a lighting plan. Mr. Brown stated that the nearest residence is pretty far away. He noted that there will be a few lights on in the evening for security. Ms. Cable stated that she is a little concerned about odor and noise and would like to know that the buses would not be idling if they dont need to be. It was explained that the Townspeople can expect newer, cleaner buses with the new bus contract.
Mr. Kiritsis stated that he is concerned about the buses using neighborhoods as shortcuts. It was explained that the bus company will establish routes. He indicated that he does not care to see buses going through a particular neighborhood. Chairman Risom stated that Old Lyme has the greatest number of parent drop-off at schools. He indicated that he is hoping that this is addressed when establishing bus routes.
Ms. Brown stated that a concerned member of the community asked her to verify how it was known that they are not constructing over old garbage or old fill. Mr. Brown stated that they verified it with the DEP and by onsite testing. Ms, Brown stated that this person was most concerned with methane building up underneath the ground.
Sophie Marsh, 10 Jadon Drive, spoke in support of the proposal. She explained that the intensity of the noise, vibrations, etc., is not compatible with a neighborhood. Ms. Marsh stated that the proposed location is a safe location that will be publically known. She noted that the proposed location will also be secure into the future, as the current owner could sell the property at any time.
Ms. Donna Williams stated that her father built her house on Jadon Drive prior to the buses being stored there. She indicated that she is in favor of the proposal, as she currently has to keep her bedroom window shut during the nice weather due to the buses.
It was noted that only two homes are within 1,000 feet of the proposed facility.
A Motion was made by Jane Cable, seconded by John Eichholz and voted unanimously to close the Public Hearing for the Special Permit Application to construct a new bus parking facility, 109 Four Mile River Road, Town of Old Lyme, applicant.
4. Special Permit Application 18 Clifton Street, to permit construction of a 32 x 24 two-bay garage with office space and storage area above, Larry Odishoo, applicant.
This application has been withdrawn.
At 9:15 p.m. Chairman Risom adjourned the Public Hearing.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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