APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF SPECIAL MEETING
Monday, October 23, 2006
The Old Lyme Zoning Commission held a Special Meeting on Monday, October 23, 2006 at 7:30 p.m. in the Auditorium of Memorial Town Hall. Members present were Ted Kiritsis (Chairman), Jane Marsh (Secretary), Jane Cable, Howard Tooker (Alternate), Steve Ames (Alternate), and Brian Kyle (Alternate). Also present was Ann Brown, Zoning Enforcement Officer, and Linda Krause (CRERPA).
1. Convene Meeting; announcement of voting alternates.
Chairman Kiritsis called the Regular Meeting to order at 7:02 p.m.
2. Regulation Rewrite – Gateway Regulations
Ms. Krause stated that in the late 1960’s early 1970’s there was a proposal to locate a national park along the Connecticut River, including Massachusetts, New Hampshire and Vermont. She explained that people had strong negative feeling about a Federal presence along the river and slowly the state’s dropped out. She stated that the concern was what would occur outside the park boundaries, such as tourist cabins. Ms. Krause explained that people were also concerned that the Federal Government would take their land for the park. She stated that a bill was introduced into Congress twice to create a park. She stated that Connecticut Legislators didn’t want the park so they created legislation to create the Gateway Commission which passed in 1973. Ms. Krause stated
that the Gateway Commission consists of two members from each town plus two members from each of the two regional planning agencies plus a representative of DEP. She explained that there are eight towns represented.
Ms. Krause stated that the Legislation that created Gateway gave them the responsibility of acquiring land, which early on was easily and inexpensively available for sale. She stated that the other responsibility was regulatory, which was to develop standards that would apply to all the towns along the river so that they each would be protected from the usage from each other and would preserve the river. Ms. Krause stated that they were charged with preserving the natural and traditional river scene for future generations. She noted that Gateway is empowered with adopting standards that would apply to development in all of the eight towns along the river. Ms. Krause stated that the original standards were adopted October, 1973 and only amended twice in the next 20 years. She explained that
one change addressed how the height was measured.
Ms. Krause stated that they are now trying to address further review requirements for homes that are larger than 4,000 square feet. She stated that the most recent changes were adopted by the Gateway Commission on February 26, 2004 and the Statute requires that the towns promptly incorporate the Gateway Standards into their own regulations. She noted that as of today, Old Lyme and Essex have not adopted the latest standards. Ms. Krause stated that she is here on behalf of the other six towns to ask Old Lyme to adopt the 2004 amendments.
Ms. Krause stated that Gateway will review applications for the towns. She noted that Old Saybrook adopted more stringent regulations; they review homes 3,500 square feet or larger which was Gateway’s original thought. Ms. Krause stated that when a house is over 4,000 square feet, there is a requirement that a Special Permit be obtained. She explained that the Special Permit process allows the Commission some discretion.
Ms. Krause stated that one thing that will be tough for some is the 100 foot setback. She noted that the setback is currently 50’ as the Gateway standard. She noted that all architects that design along the river realize that their clients want to be as close to the river as they can possibly get which has pushed homes up as close as they can go. Ms. Krause stated that they are also trying to discourage clear cutting the lot. She noted that erosion and storm water run-off are also controlled by keeping a vegetative buffer. Ms. Krause stated that the riparian buffer calls for leaving a 75 foot buffer.
Ms. Krause stated that many years ago Northeast Utilities put transmission lines across the river above the Goodspeed. She explained that a citizen filed a suit that it had destroyed the visual character of the river. Ms. Krause stated that it was settled out of Court and one million dollars was rewarded for the damage. She stated that the one million dollars was given to Gateway for the acquisition of land. Ms. Krause stated that Gateway has retained the one million dollars and uses the interest to make contributions to land acquisitions. She noted that Gateway cannot afford to buy land outright. Ms. Krause stated Gateway both supports and opposes the towns, as necessary, and with these funds they have the money to do so.
Ms. Krause stated that she reviews variance applications referred to Gateway by the towns and recommends whether further review is required by the Gateway Commission. She stated that if there is an issue that she believes the Commission would be interested in discussing she will ask the town to keep the hearing open to await Gateway Commission input. Ms. Krause stated that there was a recent case where the ZBA did not keep the hearing open and approved the variance application. She noted that in this case the Gateway Commission appealed and will be argued in December. Ms. Krause noted that the Gateway Commission has standing to appeal.
Ms. Krause stated that there appears to be no good way to regulate tree cutting that isn’t too complicated for the Towns. She explained that the first problem is knowing what exists and the second is knowing species. Ms. Krause stated that cutting a birch is different than cutting a maple. She noted that they cannot just say save the big trees. Ms. Krause stated that she has done a lot of research on this subject.
Ms. Krause stated that if the house cannot be seen from the river, described as having land that is higher in front of it, they can be exempt from the Special Permit process. Ms. Marsh explained that it will be up to the Zoning Commission whether an application is exempted. She noted that the Zoning Commission will be doing the Special Permit reviews, with as much or little assistance from Gateway as they would like. Ms. Krause stated that the only mandatory referrals are for variances and changes to Regulations that would effect land in the Gateway Zone.
Ms. Krause stated that she is aware that Old Lyme did not like the 100’ setback. She noted that Old Lyme has the option of adopting all the Regulations with the exception of this one. Ms. Krause stated that six of the eight towns agreed to adopt the regulations as originally written by Gateway, which is why Gateway adopted them. She noted that they did discuss the comments received from Old Lyme, but as it is with any Commission, the majority rules.
Mr. Kyle stated that he lives one-quarter mile from Whippoorwill and he does not consider himself riverfront. Ms. Krause acknowledged this and indicated that one size does not fit all, which is why the Zoning Commission has discretion. Mr. Tooker stated that he can go over the Baldwin Bridge and see a house on Jericho Hill. He questioned what harm that is. Ms. Krause stated that when a property is upstream, passed tidal influence, the property is not in the river anymore. She indicated that one evening in Chester they had a big discussion on what is the river. Ms. Krause stated that the answer was the river is where the water is. She noted that this sounds strange, but a house was proposed on an inlet 100 feet back from the river but only 40’ from the inlet. Ms. Krause
stated that the property owner indicated that the inlet was not the river. She reiterated that the river is where the water is.
Ms. Krause stated that Gateway will respect the Old Lyme Zoning Commission’s judgment in these matters unless it is blatantly bad. She noted that Gateway only has standing on the variance application. Ms. Krause stated that Gateway wants to work with all the Towns as they implement the regulations. Ms. Krause stated that Gateway develops the standards and the towns are directed to incorporate them promptly into their regulations. She noted that some towns have complained that it is more work and want Gateway to do the reviews. Ms. Krause stated that it was set up that the towns would enforce and administer the regulations.
Mr. Ames stated that Gateway does not have the money to purchase the properties so they are now regulating the property owner and telling them how they should build and what they should build. Mr. Ames indicated that he has a very strong objection to that. Ms. Cable noted that the Zoning Commission regulates properties all the time. She noted that the Statute very clearly states not to discourage constructive development and use of the property. Ms. Cable stated it is not a taking. Mr. Ames indicated that it is close to a taking. Ms. Cable disagreed.
Ms. Krause stated that in 1973 the General Assembly passed a law that said this river is important and how it looks is important. She indicated that the Connecticut River is a resource and they found it important to retain the character of it for the benefit of everyone. Ms. Krause stated that they are asking that the land be developed in a context that preserves the character. She noted that this is a legislative mandate, not a bunch of people on the Gateway Commission that don’t want the properties developed. Ms. Krause stated that houses can be 15,000 square feet, but it must fit in and not destroy the character of the river.
Ms. Marsh stated that the Old Lyme Zoning Commission is the implementer of this regulation and the body that will review the applications. She indicated that she is puzzled as to why some commission members would not want to adopt the Regulation. Mr. Kyle stated that he has a problem with over-regulation and can see the possibility that the Town of Old Lyme will take on more and more State Regulations. Mr. Ames agreed and noted that it appears they are adding another layer of bureaucracy. He stated that the Gateway Commission is another layer of bureaucracy. Ms. Cable stated that the Gateway Commission has no authority and has been in existence for thirty years. Mr. Ames stated that it is like the Town’s Conservation Commission, which has no statutory powers, yet in their meetings
they make strong suggestions to the Planning Commission and Zoning Commission. He stated that the Planning and Zoning Commissions are quite capable of deciding what Old Lyme should do. Ms. Marsh pointed out that they can’t do it without Regulations.
Ms. Krause stated that it would be nice if Old Lyme joined the other Towns, either in part or entirely.
The Commission thanked Ms. Krause for her time this evening.
Mr. Kyle stated that the Commission already have regulations that address the very same items that are in the proposed regulation. He questioned why they need these specific regulations. Ms. Cable stated that because the Town has regulations that address the same issues does not mean these are not better. Ms. Marsh stated that the Town of Old Lyme sends two people to the Gateway Commission and the Town’s representatives have made this decision. She stated that the Zoning Commission must look at this regulation and decide what is good and what they should adopt. Ms. Marsh stated that she is not afraid to adopt these regulations because she knows the Zoning Commission will be implementing and interpreting these regulations; not another town and not another commission.
Ms. Marsh stated that the Zoning Commission could decide to create a map that exempt areas that they feel do not need this additional review.
3. Adjourn
A motion was made by Howard Tooker, seconded by Steve Ames and voted unanimously to adjourn at 8:49 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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