OLD LYME ZONING COMMISSION
SPECIAL MEETING
Monday, July 27, 2009
The Old Lyme Zoning Commission held a Special Meeting on Monday, July 27, 2009, at 7:00 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, Patrick Looney, Beth Sullivan (alternate) and John Eichholz (alternate).
Chairman Risom called the meeting to order at 7:00 p.m. He noted that Beth Sullivan would be seated for John Johnson.
1. Discussion on a Petition to Amend the Old Lyme Zoning Regulations, Section 12, Planned Residential Cluster Development, new Section 12.9.1, PRCD Incentive.
Chairman Risom explained that a text amendment was denied without prejudice at the July 13, 2009 Regular Meeting, at which time the Commission agreed to hold a working session with any interested members of the public, in an attempt to draft a similar Regulation. He noted that Attorney Steven Sheehan, Jeff Montenaro and Joe Wren were also present.
Jane Cable stated that she has done quite a bit of research and has found that LEAD is the standard in green building. She indicated that Public buildings in Connecticut have to meet LEAD standards. Ms. Cable explained that there are silver, gold and platinum standards. She stated that the standards are considered in planning, building and site development. Ms. Cable stated that she has obtained a checklist of what LEAD looks for. She explained that Energy Star comes from the Environmental Protection Agency and this looks at the energy rating of the structure and LEAD incorporates this rating.
Ms. Cable stated that it is her desire in doing this that if the Commission is inclined to allow a density bonus, she would like to be sure that the energy savings were at least equal, preferably more, than the burden of an added house. She indicated that she is not satisfied with just Energy Star because there are site development issues that are to the Town’s benefit such as water usage, sewage, and site planning.
Ms. Cable stated that she spoke with Tim O’Neal, an Old Lyme resident who does green building, and Mr. O’Neal stated that Stonington is examining their Regulations to see if they want to go in this same direction. She indicated that there are only four LEAD’s inspectors for the State of Connecticut, and only one of them is located in Connecticut (Norwalk). Ms. Cable stated that the Energy Star is administered through HERS and those are inspectors that are trained as raters. She noted that California has incorporated HERS into their Building Code. Ms. Cable stated that she made one copy of the LEAD handbook. Ms. Cable questioned whether it was possible that a Town Building Inspector could rate the dwellings, or perhaps the Town Engineer.
Ms. Cable stated that she asked Mr. O’Neal whether people would tend to remove or disregard the energy conservation items constructed into their homes, and he indicated that most of it, with the exception of perhaps light bulbs, would be too expensive to remove. Chairman Risom agreed.
The Commission discussed the use of geo-thermal systems. It was pointed out that this type of system is being used at the high school. Chairman Risom noted that these systems are expensive, and usually take quite a bit of time to pay back in savings. He indicated that this can be increased with the use of the right insulation, etc.
Chairman Risom stated that he has heard feedback that the issue of conservation is considered a building department issue and something that should not be considered in Zoning. Ms. Cable stated that the Commission is not telling people to do this; it is an option and a choice being given to them. Ms. Sullivan stated that they are trying to balance the extra density by the environmental savings. Chairman Risom questioned what other incentives the Commission would consider other than energy conservation. Ms. Cable replied that she would consider incentives for water management and sewer management. Chairman Risom noted that another goal is open space. He noted that they should come up with a matrix on all the different aspects. Mr. Eichholz stated that this type of analysis probably
should be done by an expert and could cost tens of thousands of dollars. Ms. Cable stated that Tim O’Neal has offered to help the Commission.
Ms. Cable stated that the first thing to be done is that someone should contact Stonington to see what they are thinking about doing and to ask Attorney Branse which towns he knows of in Connecticut that have or are considering this type of development.
Ms. Marsh stated that it would be awkward to allow the bonus lots after the developer proves he has met whatever standards are created. She noted that all lots must be designed into the project from the beginning of a project.
Attorney Sheehan pointed out that Old Saybrook uses their PRCD Regulations and they allow a greater density. He noted that he agrees with Ms. Marsh’s comments from the last meeting regarding maintaining the setback along the perimeter of the project. He indicated that the proximity of the homes to one another is something that is appealing to many homeowners.
Jeff Montenaro stated that he visited a new community north of Colchester which is a green community. He explained that it was extremely crowded and people came from all over Connecticut to see this green community. Ms. Cable questioned whether they sold all the homes. Mr. Montenaro indicated that he did not know. Chairman Risom questioned why developers don’t construct green homes on their own, without incentive, if they are so popular. Attorney Sheehan replied that it is because it is too expensive. Chairman Risom questioned at what point it becomes more affordable, i.e., one additional house, two additional houses. Attorney Sheehan replied that using rough numbers they calculated that a 15 to 20 percent increase would be required, or a 20 lot subdivision would require at
least an additional 3 lots. He noted that Old Lyme does not have many large tracts left.
Ms. Marsh stated that the reason she is so interested in an energy efficient development is that she finds it very uncomfortable to trade open space for density. She stated that these two things are very opposed. Ms. Marsh stated that it makes more sense to trade density for resources as they are more parallel. Ms. Cable stated that the Commission needs to be sure there is a palpable benefit to the Town. Ms. Marsh stated that if this type of development is to be done anywhere in Town it must be well buffered. Ms. Cable indicated that she does not want the units to be too close together. Ms. Sullivan noted that the outside buffer is more important as it will protect other, existing homeowners. She stated that anyone who buys in the development will be aware of the proximity
of the other units.
Mr. Looney indicated that he is not interested in pursuing the density bonus for energy conservation type developments. He noted that Building Officials will not be certified to review the plans. Mr. Wren stated that the applicant would pay the Town for a consultant to check their LEADS professional’s results. Mr. Looney stated that he is aware of a house that was just constructed with a geo-thermal system, and this house will be self-sustained, but the out of pocket costs were $63,000.00. Chairman Risom stated that they cannot give up on it just because there is a high cost. Mr. Looney stated that he is in favor of cluster zoning.
Ms. Cable suggested that Mr. O’Neal be contacted as he could offer advice as to how to construct a matrix. Chairman Risom stated that he senses that some of the Commission members are in favor of moving forward with an energy efficient development, along with the concept of additional open space being given to the Town in return for a bonus density.
Ms. Sullivan stated that she is a little concerned, not knowing what sites are available in Town for this type of development. Chairman Risom suggested that it might be a good task for her, working with the Planning Commission, and identifying what sites might be eligible. Mr. Eichholz stated that he is not in favor of forcing people to buy into a concept that they might not be interested in. Ms. Cable indicated that people can choose not to buy into it. Chairman Risom stated that as long as Old Lyme is not giving incentives for open space, they are failing themselves, because the last available open space will be gone soon.
Attorney Sheehan stated that there are many long term benefits to this project.
John Eichholz agreed to look into floating zones; Ms. Cable will contact Attorney Branse to see if there is a model regulation anywhere in the State that he is aware of; Mr. Looney indicated that he will research the project in Colchester; Chairman Risom indicated that he would look into LEADS and developing a matrix. It was agreed that after a draft regulation is written, it will be forwarded to the Planning and Open Space Commissions.
A Special Meeting has been set for August 24, 2009 to conduct another workshop.
2. Miscellaneous/Adjourn
The Meeting adjourned at 8:48 p.m. on a motion by Jane Marsh; seconded by Beth Sullivan and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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