APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF PUBLIC HEARING
Monday, May 8, 2006
The Old Lyme Zoning Commission held its Public Hearing on Monday, May 8, 2006 at 7:30 p.m. in the Auditorium of Memorial Town Hall. Members present were Ted Kiritsis (Chairman), Tom Risom (Vice Chairman), Jane Marsh (Secretary), John Johnson, Jane Cable, Steven Ames (Alternate), Howard Tooker (Alternate) and Brian Kyle (Alternate). Also present was Ann Brown, Zoning Enforcement Officer.
Chairman Kiritsis called the Public Hearing to order at 7:31 p.m.
1. Site Plan/Special Exception Application to construct a dock, 2 North Road, Rob Shickel, applicant.
Chairman Kiritsis noted that this Public Hearing was continued from the April Regular Meeting and re-advertised because the original legal ad stated the address as 2 North Street, not Road. Ms. Marsh read the corrected legal notice for the record, which was marked Exhibit K. She read the Exhibit List for the record.
Ms. Marsh read Exhibit I, email from James T. Scully dated April 27, 2006, indicating that he did not receive notice as an abutter of the property and noting his opposition to the proposed dock. She noted Exhibit J, an email response to Mr. Scully from Ms. Bartlett dated April 27, 2006.
Ms. Brown indicated that she believes Mr. Scully is not an abutter within 300 feet. Ms. Marsh read Exhibit K, a letter from Rosemarie and Donald Cassin, 25 Shore Acres Road, indicating that he was just notified by his neighbors of this application, not notified by the Town as an abutter, and his opposition.
Ms. Brown clarified that Mr. Scully is an abutter within 30 feet and was on the abutter list. She explained that the Cassin’s property is located more than 600 feet from the applicant’s property.
Rob Shickel was present to explain the application. He noted that the dock has two sections, Section A and Section B. Mr. Shickel explained that the portion of the dock reaching from the upland area to the island is a walkway. He noted that this walkway leads to a path across the island to a traditional dock type of structure. Mr. Shickel submitted photographs, depicting a natural area. He noted that at the time there is no access to the water for the proposed purposes.
Mr. Shickel stated that this dock is required in order for the applicant to access the water that abuts his property. He noted that they went through the DEP and Army Corps of Engineers approval processes. Mr. Shickel stated that there is no other viable way for the property owner to access this part of his property that fronts on the river to enjoy the use of a boat. He noted that there are other facilities for access in the area. Mr. Shickel stated that the homeowner is going through the legal process to seek a permit. He noted that the document from the DEP states that there are no known populations of endangered, threatened or special concern species occurring at this site. He acknowledged that there are wildlife; there are deer and small animals, but this will not threaten their
habitat and cause them to go somewhere else. Mr. Shickel stated that there will be no adverse environmental impact. He indicated that he published a legal notice on behalf of Mr. and Mrs. Tuck on May 1, 2004 and the DEP published a notice of its tentative decision to approve also and they received one comment from an individual in Windsor.
Mr. Shickel stated that Mr. Johnson raised an issue relative to the construction of the dock. He indicated that they proposed a lesser scale for Section A, that portion of the dock that extends from the upland area to the island. He indicated that Mr. Johnson questoined the proposed construction methodology. Mr. Shickel read and submitted a letter from himself to Mr. Johnson in response to his question on setting the piles. He notes in this letter that he met with Dan Rittan of Connecticut River Dock and Dredge who indicated that the piles will be set with a post-hole auger to a depth of approximately 3 to 4 feet. Mr. Shickel indicated that Mr. Rittan indicated that he would drive the piles an additional 3 to 4 feet with a hammer used specifically for such conditions. He noted that the
result will be piles set from 6 to 8 feet.
Mr. Shickel indicated that he has agreed to all the recommendations made by Tom Metcalf. He noted that they have designed the minimum structure necessary to be able to gain access out to the Three Mile River.
Mr. Johnson stated that the dock was described in a letter as a boat launch. Mr. Shickel stated that it is not a boat launch. He noted that the DEP and Zoning Regulations specifically address the character of a private residential dock, which is what this structure is. Mr. Shickel stated that this dock will only be used residentially, there is no commercial or industrial nature associated with this dock and no income to be derived out of it.
Mr. Shickel indicated that he has complied with all Regulations, both at the DEP and Town of Old Lyme levels.
Chairman Kiritsis questioned the width of the river. Mr. Shickel, using a scale, noted that at the tide line to the point Mr. Kiritsis questioned, it is approximately 115 feet. Mr. Kirtisis then questioned how far the dock projects out. Mr. Shickel noted that by DEP Regulations, a fixed pier can only go to mean low water, which is denoted at the end of the pier. Mr. Shickel stated that a ramp and float can then reach out but they cannot obstruct the navigation channel. He noted that the proposed structure reaches out roughly 25 feet, not even close to the navigation channel. Mr. Shickel stated that it only has one foot of water at mean low water. He noted that a kayaker or canoer may have to go around the dock by 15 feet.
No one present spoke in favor of the application.
Nancy Bannon, 11 Shore Acres Road, stated that she appreciates the legality that notices were published in the Day. She noted that most of the residents are not from the area, although they take an active interest in the Town. Ms. Bannon suggested other types of notification. She noted that adjacent to the Point O’ Woods Beach there is a large billboard naming the Hatchetts Wildlife Preserve and forbidding entrance because of the wildlife. Ms. Bannon stated that Mr. Shickel indicated that a residential dock is a right of all nearby property owners. She indicated that if all abutting property owners followed through with applications it would have an affect on the area.
Chairman Kiritsis stated that the Commission uses the New London Day because it is a local paper and it would be impossible to one other paper that would notify all out of area property owners. He indicated that the reason there is a Zoning Commission is to discuss issues with input from the public.
Ms. Bannon stated that the Hartford Courant would touch a great number of out of area property owners.
Norman Emerson, 6 North Road, stated that his property is immediately adjacent to the Tuck’s. He indicated that he has lived in the area over 80 years. Mr. Emerson stated that he is concerned with disrupting the natural wildlife. He noted that he has an application pending for an osprey hole on his property. Mr. Emerson stated that there is considerable wildlife in the area and several hundred acres of nature conservancy. He indicated that he does not believe that the nature conservancy was advised of this application. Mr. Emerson stated that the dock will disturb the peace and quiet.
Hearing no further comments, Chairman Kiritsis asked for a motion to close the Public Hearing.
A motion was made by John Johnson, seconded by Jane Marsh and voted unanimously to close the Public Hearing for the Site Plan/Special Exception Application to construct a dock, 2 North Road, Rob Shickel, applicant.
2. Site Plan/Special Exception Application to operate a preschool, 75 Rogers Lake Trail, Margaret Ames, applicant. Withdrawn.
Chairman Kiritsis stated that this application has been withdrawn. Ms. Brown noted that the applicant withdrew the application because the Site Plan preparation was cost prohibitive and could not be done in time. She indicated that she is not sure whether or not the applicant will re-apply.
Chairman Kiritsis adjourned the Public Hearing at 8:27 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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