OLD LYME ZONING COMMISSION
PUBLIC HEARING
MONDAY – July 13, 2009
The Old Lyme Zoning Commission held a Regular Meeting on Monday, July 13, 2009, at 7:30 p.m. in the Conference Room of Memorial Town Hall. Those present and voting were Tom Risom, Chairman, Jane Cable, Vice Chairman, Jane Marsh, Secretary, Beth Sullivan (alternate) and Ted Kiritsis (alternate). Also present, Kim Barrows, Administrative Assistant.
Chairman Risom called the Public Hearing to order at 7:34 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 is continued from the June Regular Meeting. Attorney Sheenan. He explained that the proposal allows for the Town to gain greater amounts of contiguous open space and gives the developer a density bonus. Attorney Sheehan stated that Attorney Branse had comments which were incorporated into the revision and he has since acknowledged that all of his concerns have been addressed. He noted that Attorney Casella’s comments were also addressed.
Attorney Sheehan stated that one outstanding comment was could the applicant come up with a better term for the open space so that it would be more defined. He explained that he spoke directly with the Open Space Committee for their input. Attorney Sheehan stated that the Open Space Committee indicated that they would like the open space to be contiguous and they would like it to be good land, not a pond. He stated that the simple words they have already, which describe the open space as contiguous and desirable, is probably the best description he can give. Attorney Sheehan stated that the second comment was that they include a commitment to using renewable energy such as a qualifier on the use to make sure that the end product meets a certain standard. He noted that one standard suggested
was a LEADS Certification. Attorney Sheehan explained that a LEAD Certification is much more than just energy conservation. He indicated that Energy Star is a good rating system for homes and includes heating and insulation efficiency.
Attorney Sheehan introduced Mark Waldo, owner of Waldo Renewable Energy, who indicated that he is an electrician by trade. He stated that looking at energy features should be the first step in designing a house. Mr. Waldo stated that in the four years he has been in business there has been tremendous growth in the industry. Mr. Kiritsis stated that he would like to see metrics that can be defined in the Zoning Regulations. Mr. Waldo stated that a definite metric could be difficult to nail down because of different uses. Mr. Kiritsis stated that there could be a range, but their needs to be something definitive. Chairman Risom agreed with Mr. Kiritsis’ comments and indicated that there should be a threshold.
Mr. Waldo stated that the average house in America has a rating of 100 and an Energy Star rating would have to be at least 80. Chairman Risom questioned what a good goal would be as a required rating. Mr. Waldo stated that a rating of 65 would be a good goal. He explained that this rating would be difficult to compare to a LEADS rating, as LEADS would take into consideration the recycled products used.
Ms. Marsh stated that the Commission needs to know how to word this requirement for their regulations, but also needs to make sure that the Zoning Enforcement Officer can determine after the fact that the construction is compliant. Chairman Risom noted that some things are inherent with the construction such as the type of insulation and orientation of the house. He noted that the type of light bulbs used in the future is something the Commission cannot control. Ms. Marsh stated that she would like standards that the Commission could enforce over time. Mr. Waldo stated that there are many standards that will be built into the house as Mr. Risom pointed out. Mr. Waldo stated HERS (House Energy Rating System) is another scale that could be used. Chairman Risom questioned whether
geo-thermal systems could be required and questioned whether there are larger geo-thermal systems that could be used for a community system. Chairman Risom stated that the Commission would like to see standards for approval. Ms. Marsh stated that this type of Regulation would be ground-breaking for Old Lyme. Mr. Waldo stated that many new home buyers specifically look for energy efficient homes and won’t buy one that is not.
Attorney Sheehan apologized for not having specifics that were exactly what the Commission was looking for, but indicated that he felt HERS would be an adequate standard to use in the Regulation. He explained that some areas may have ledge where geo-thermal will not work, but the idea is that on a whole, there is energy efficiency.
Joe Wren, Professional Engineer, stated that one way to ensure the compliance would be to have the home certified as part of the CO process. Mr. Kiritsis stated that it is too late at CO time to make sure that the homeowner has constructed to the proper rating. Mr. Montenaro suggested that the bonus units not be constructed until all the other units have been constructed to the proper standard. Jeff Montenaro pointed out that there will be a condominium association that could police into the future. Ms. Cable stated that the solar panels will be owned by the condominium association.
Mr. Wren stated the energy consumption of a 20 unit subdivision can be predicted and another way to set a standard would be to say that if 24 units are approved, the 24 units cannot consume more energy than the 20 units would have. Ms. Cable stated that if there was only one bonus unit, that wouldn’t be much of a requirement. Mr. Wren reviewed the proposed bulk requirements and explained the site plan of the demonstrated development.
Ms. Marsh stated that she would like to see more distance between the units. Mr. Wren stated that most people that would consider a condominium development will be open to the proximity of the units. He noted that the development will not be for everyone. He stated that the Plan of Development encourages the use of flexible zoning to increase the diversity of housing. Attorney Sheehan stated that most successful developments of this type how units that are 10 to 15 feet apart, but a greater buffer on the outside. Ms. Cable questioned whether this revised version of the petition was given to Planning and Open Space. Attorney Sheehan stated that Zoning is the first Commission to receive it.
Mr. Wren stated explained that the cost savings in energy for a development such as the notional one they are proposing could be 20 million dollars over twenty years. He stated that the technology is available and people will be more interested in it if and when oil gets up to $6.00 per gallon.
Chairman Risom questioned the minimum distance between buildings in a cluster. Mr. Wren noted that the minimum is 25 feet, although the notional plan has a separation between buildings of approximately 35 feet on average.
Ms. Marsh indicated that the Commission is in receipt of a letter from the Planning Commission dated July 13, 2009, which states that the Planning Commission is not in favor of the proposed amendment (Exhibit R).
Mr. Wren stated that the many benefits of the proposed amendment would be: increased tax revenues to the Town requiring fewer services, more diverse housing, and a significant increase in desirable open space. He noted that this new Regulation would not apply to all areas of Town. Mr. Wren stated that the applicant is open to increasing the setbacks as desired by the Commission.
Don Brodeur stated that he grew up in Old Lyme and feels the Town needs this type of housing. He explained that he would like to stay in Old Lyme and at this time in his life is looking for just this kind of development. He noted that this type of housing is available just across the river in Old Saybrook. He indicated that he would also appreciate the increase in the tax base.
Jeff Montenaro stated that he hears from people all the time and their choices appear to be to leave Old Lyme or try to renovate and adapt their existing house. He noted that the original regulations were written with good intent but he feels the buffers need to be relaxed. Mr. Montenaro stated that Old Lyme needs more diverse housing to keep people in Old Lyme.
Attorney Sheehan stated that the idea of the development is that it would be age-restricted, although he acknowledged that the proposed amendment to the Regulations does not require age-restricted housing. He explained that the age-restriction would be part of the application to the Commission, but not a requirement of it.
A motion was made by Jane Cable, seconded by Beth Sullivan and voted unanimously to close the Public Hearing for the 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.
At 9:40 p.m., Chairman Risom adjourned the Public Hearing.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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