APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF PUBLIC HEARING
Monday, April 14, 2008
The Old Lyme Zoning Commission held a Public Hearing on Monday, April 14, 2008 at 7:30 p.m. at the Phoebe Griffin Noyes Library. Members present were Tom Risom (Chairman), Jane Cable (Vice Chairman), Jane Marsh (Secretary), Patrick Looney, Howard Tooker (Alternate) and Ted Kiritsis (Alternate - seated). Also present was Ann Brown, Zoning Enforcement Officer.
Chairman Risom called the Public Hearing to order at 7:32 p.m.
1. Special Exception Application to construct multi-family housing, 49 Hatchetts Hill Road, Hilltop Development, LLC, applicant.
Chairman Risom noted that this Public Hearing was continued from February, 2008. Ms. Marsh read the following, new exhibits for the record: Exhibit W – letter dated April 8, 2008 from Open Space Committee, Exhibit X – Conservation Easement and Restrictions. Ms. Marsh read the letter from the Open Space Committee noting that Town Regulations require that the Conservation Easement/Open Space land be marked permanently by the developer and the Town is given the right of inspection in the Conservation Easement document.
Matthew White, McDonald/Sharpe Associates, was present to represent the applicant. He indicated that the Public Hearing was held open because of the remaining issue with the Open Space Committee. Mr. White explained that they met with the Open Space Committee and a draft easement was submitted in response to that meeting.
Ms. Marsh stated that the units were to be limited to two bedrooms. She questioned where this would be noted. Mr. White replied that it would appear on any of the documents of the Health Department. Ms. Marsh stated that she would like this to be part of the Zoning Commission’s approval.
No one present spoke in favor of or against the application. Hearing no further comments, Jane Marsh made a motion to close the Public Hearing; seconded by Patrick Looney and voted unanimously.
2. Site Plan Application/Coastal Site Plan Application to construct a floating dock, landing, and ramp, 15 Tantummaheag Road, Mark Johnston, applicant.
Chairman Risom noted that this Public Hearing was continued from the March Regular Meeting. Ms. Marsh read the list of new exhibits for the record: Pilot’s Chart, Revised Site Plan, Letter dated April 8, 2008 from the State of CT DEP to Docko with attachments; revised application with revised project description dated March 25, 2008; Letter received April 8, 2008 from Docko to the Zoning Commission.
Keith Neilson was present to represent the applicant. He noted that the most recent site plan is revised through April 2, 2008. Mr. Neilson stated that the reason for the smaller drawing is that that is the size the DEP requires. He indicated that the application documents originally submitted had anticipated occasional use of the dock for a seaplane. Mr. Neilson stated that there were two things outstanding from the last meeting; one was a description of the seaplane base designation process by the FAA and the other was to resolve an inconsistency determination by the DEP on the dock permit application. He indicated that Mr. Johnston was upset that the application had created such a controversy and he took the seaplane references out of the application. Mr. Neilson stated that the DEP
found the application inconsistent because the floating dock system was more than 100 square feet. He indicated that with the removal of the seaplane operation, the resulting floating dock is 8’ x 12.5’ and is reflected on the most recent revised plan dated April 2, 2008. Mr. Neilson explained that this is the plan that the DEP responded to last week, indicating that the project is consistent and that they are in the process of moving forward.
Mr. Neilson stated that the dock application meets all of the standards and criteria for Zoning approval. He indicated that he has made all the necessary references and engineering and zoning analyses required by the Special Exception process. Mr. Neilson stated that Mr. Johnson has no plans for trenching for electrical or water supply at the dock. He pointed out that there will be LED solar lights for the facility for safety. He noted that there is a magnet switch at the bottom that shuts the lights off. Mr. Neilson explained that they would like to install one of these lights at the top of the platform so that if some one is coming in at night it will provide a dim light for safety and for berthing. Mr. Neilson stated that the specifications for the light are a Premier, LED Solar
Power light. Mr. Neilson noted that they are also looking for approval for a wood plank path that goes down to the dock. He noted that this is existing.
Ms. Marsh questioned the DEP request to change the characterization of this project has a water dependent use to a non-water dependent use. She also questioned whether they did this in the application. Mr. Neilson stated that he did respond. He explained that the issue is that for a residential use, the DEP does not consider residential use on the waterfront a water dependent use. He indicated that he explained that he understands that a residential use is not water dependent, but a dock for access to the water is water dependent. Mr. Neilson stated that the DEP is still requesting that it be changed and he will change the application documents. Ms. Brown stated that in the Zoning Regulations, docks are exempt from Coastal Site Plans. She indicated that this applicant wants to
make sure that he never misses anything so he submitted one anyway. Ms. Marsh indicated that she does not care whether it is changed or not, but now everything said in the application is something that the DEP does not want him to say. She indicated that it does not change at all what the applicant is asking the Zoning Commission to approve. Chairman Risom noted that the most recent plan is 24” x 36” and is dated April 14, 2008. Mr. Neilson agreed.
Janet Bagg, neighbor next door to the Johnston’s, questioned what the Special Exception was that was requested by the Johnston’s. Mr. Neilson explained that a Special Exception is a type of permit required for a dock. Ms. Bagg questioned the location of the dock on the property. Mr. Neilson explained that the point where the dock begins to leave shore is 20 feet south of where it was originally located. He noted that it was originally built into the ledge north of the foundation but in order to maintain the float position and a shorter pier in accordance with DEP suggestions, it was moved south.
Tom Bagg questioned whether the new location is more than 25 feet from the property line. Mr. Neilson replied that it is more than 25 feet from the property line.
Hearing no further questions, a motion was made by Jane Cable to adjourn. Pat Looney seconded; so voted unanimously.
3. Special Exception Application (SVVD) to add second floor office and ventilation system, 83 Hartford Avenue, Keith Grills, applicant.
Chairman Risom noted that the Public Hearing was opened in March but no testimony was taken.
Kevin Martin was present to explain the application. Ms. Marsh read the exhibit list for the record. She noted that the Sanitarian’s letter indicates that due to conditions of the soil, an engineered septic system is required. Ms. Marsh read Mr. Metcalf’s letter.
Mr. Martin explained that they originally wanted to add a second floor office to the building but found through the Health Department that a new, engineered septic would be required. He explained that in order to open for business for the season on Memorial Day weekend, they would not have time to get all that work done. Mr. Martin stated that for that reason they have changed the application to raise only a portion of the roof to allow for the new ventilation system and hood. He indicated that they are aware that they will have to come back at a later date for approval of the second floor.
Mr. Martin explained that the front portion of the roof will be raised 4’ to accommodate the new ventilation system. The Commission reviewed the architectural drawings and noted that the Geri Deveaux’s review included comments on these revised drawings. Mr. Martin pointed out the employee parking and noted that it currently exists, but is not screened. Mr. Kiritsis questioned whether there was customer parking on site. Mr. Martin replied that there is no customer parking on site.
Ms. Brown noted that the applicant has supplied a Statement of Use as part of the application. She noted that there are tables and chairs outside which they intend to keep, although they are not shown on the site plan. Ms. Brown stated that they are described in the Statement of Use. Ms. Marsh read the Statement of Use for the record.
Mr. Martin asked that the Commission give them some latitude for the height of the hood. He indicated that he does not believe it is tall enough for what will be required by the Fire Marshal. Mr. Looney questioned whether he meant the chimney. Mr. Martin replied that he is referring to the chimney. Mr. Looney stated that it must be a minimum of 40 inches above the roof.
Ms. Cable indicated that they should show more detail on the plans when they come for the second floor office, such as what the screening will be, show the picnic tables on the site plan, etc., so that the plan reflects the narrative. She indicated that this information is less important when considering the roof enlargement for the ventilation system.
No one present spoke in favor of or against the application. Hearing no further comments, a motion was made by Pat Looney, seconded by Jane Cable; so voted unanimously.
At 8:57 p.m., Chairman Risom adjourned the Public Hearing.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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