OLD LYME ZONING COMMISSION
PUBLIC HEARING
Monday, April 12, 2010
The Old Lyme Zoning Commission held a Public Hearing on Monday, April 12, 2010, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were Jane Cable, Chairman, Tom Risom, Vice Chairman, Jane Marsh, Secretary, John Johnson, Joan Bozek (alternate) and Beth Sullivan (alternate). Also present was Ann Brown, Zoning Enforcement Officer.
Chairman Cable called the Public Hearing to order at 7:34 p.m. She noted that Ms. Bozek would be seated for the first hearing, and both Ms. Bozek and Ms. Sullivan would be seated for the second Public Hearing.
1. Special Permit Application to demolish existing structure and construct a one and one-half (1 ½) story dwelling on property located at 42 Breen Avenue, Nicholas DiCorleto, applicant.
Paul Geraghty stated that they didn’t have a choice but to perform the perc tests between the two big rains. He indicated that he understands that Mr. Flower will defer to Mr. Rose who is on vacation this week. Mr. Geraghty asked the Commission for guidance as to whether the MLS was an issue for them. He indicated that if it is an issue and they would like to wait for Mr. Rose he would rather withdraw the application, noting that they are out of extensions. He asked that if he were to withdraw and reapply, that the Commission waive a second application fee. Ms. Brown pointed out that the Commission will still have to pay for additional legal notices. She suggested that the applicant could be billed the amount of the legal notices.
Mr. Geraghty withdrew the application. The Commission agreed to waive the application fee and will bill the applicant for the cost of the legal advertising.
2. Proposed amendment to the Zoning Regulations to add “Alternative Energy Systems, subjection to Section 11.13” to sections 5.1.3, 5.2.3, and 5.12.3. Zoning Districts RU-40, RU-80 and LI-80 respectively.
Ms. Marsh recused herself. Chairman Cable read the legal notice as published in the New London Day on March 30 and April 6, 2010. She also read the Exhibit List for the record. She read letters from the Planning Commission, Ted Kiritsis, OLISP and CRERPA.
Don Moshier distributed a handout to the Commission members, which was marked Exhibit K. Mr. Moshier stated that his company is Southern New England Wind Power and they are a dealer for wind turbines. He explained that Ms. Marsh contacted them via the web and they currently have a meteorological tower on her property. Mr. Moshier stated that this meteorological tower, or met tower, measures the wind and stores the information which is later downloaded and analyzed. He noted that for Ms. Marsh’s property they are recommending an 80 foot tower. Mr. Moshier stated that a motor turns the turbine into the wind. He explained that there is easy access to the motor for maintenance. Mr. Moshier stated that the sound is 59 decibels at 70 feet and noted that the average office
background noise is 60 decibels. He explained that the turbine will be monitored via the web so if there are any problems he will know right away as an email will be sent directly to his Blackberry. Mr. Moshier stated submitted a report done in December 2009 that indicates that there is no evidence that home values located near wind facilities are negatively impacted.
Mr. Mosher stated that they can install a turbine on any type of soil. Mr. Risom questioned whether there is oil in the motor. Mr. Moshier replied that there is not. Mr. Johnson questioned how long the company has been in business. Mr. Moshier indicated that he has been in business two years. Mr. Moshier stated that the turbines sit on monopoles. Ms. Bozek questioned whether there have been problems with turbines. Mr. Moshier stated that one particular brand he used to sell did not produce what it indicated they would. He stated that his units have vibration and heat sensors for safety. Mr. Moshier stated that if there is a power failure the turbine will not start up. Ms. Cable questioned what would happen if it were struck by lighting. Mr. Moshier stated
that it has a lighting rod so the lighting would go straight down and into the ground. Mr. Johnson questioned how deep the foundation is. Mr. Moshier stated that the foundation is 7 feet deep.
Mr. Moshier stated that a solar system is about $8.25 per watt installed cost and a wind turbine is about $3.75 per watt installed cost. He indicated that the maintenance is yearly. Mr. Johnson questioned the payback period. Mr. Moshier stated that it is 4 to 6 years.
Ms. Marsh stated that Gateway has promoted solar panels, but she doesn’t think they are considering the impact they may have. Ms. Brown questioned the total height, including the blade. Ms. Cable replied that it is 103 feet, 80 feet plus 23 feet for the blade. Mr. Risom noted that the Regulation is being written for the entire Town and noise should be a consideration of the Commission. Ms. Cable stated that if they are allowed in the RU-40 they will be close to the owner’s house and the neighbor’s house. Ms. Brown questioned whether Mr. Moshier would suggest a shorter poll based on the met data. He indicated that 60 feet is the shortest pole, but yes, he would suggest what would be needed to do the job.
Ms. Brown stated that this amendment, as proposed, does not require that it be an accessory use to something else; it is a stand-alone use. She stated that nowhere in the Regulations does it require it to be accessory to a residence. Ms. Cable stated that producing it for profit to be sold back to the power company is a strong distinction. Mr. Risom noted that the comments are complete and this is something that can be discussed during the Regular Meeting. Mr. Moshier stated that they were scheduled to present before Zoning in Bristol Rhode Island last week and have presented before the Middletown Zoning Commission and received a unanimous approval.
Ms. Bozek questioned whether Attorney Branse is suggesting that they make this use an accessory use. She questioned whether they should close the Public Hearing before making this type of change. Ms. Cable stated that she believes it should be an accessory use. Ms. Marsh stated that because of her situation, she would rather see the Commission put limits on them, rather than making them accessory.
It was questioned whether Kellogg Marine could put multiple towers on their property for their use under these Regulations. Ms. Brown stated that the Commission could choose to limit it to one tower per property. Ms. Bozek questioned whether the Commission should also consider Attorney Branse’s comments on the meteorological towers. Ms. Cable replied that she would like to keep the public hearing open and take some time to consider these points.
No one present spoke in favor of or against the application.
Chairman Cable adjourned the Public Hearing at 8:38 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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