OLD LYME ZONING COMMISSION
PUBLIC HEARING
Monday, June 13, 2011
The Old Lyme Zoning Commission held a Public Hearing on Monday, June 13, 2011, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were: Jane Cable, Chairman, Jane Marsh, Secretary, Tom Risom, Pat Looney, Ted Kiritsis (Alternate), and Joan Bozek (Alternate – arrived at 7:45 p.m.). Also present was Kim Barrows, Zoning Assistant.
Chairman Cable called the Public Hearing to order at 7:32 p.m.
1. Special Permit Application to permit a detached screen porch (gazebo) on existing concrete structure on property located at 11 Riverbend Road, which is in the Connecticut River Gateway Conservation Zone, where the existing dwelling is in excess of 4,000 square feet, Siesel E. Canaday, Jr., owner.
Ms. Marsh read the legal notice for tonight’s public hearings, along with the exhibit list for this application, for the record.
Michael Magee, Builder, stated that they are planning a small screened porch on an existing foundation. He noted that it should make no significant view difference from the river, as they will see the gazebo instead of the house. Mr. Magee explained that the color of the gazebo will match the house.
Ms. Cable questioned whether there would be a fireplace, wood-burning oven or other appliances. Mr. McGee replied that there would not be; he noted that the gazebo is only11’9” x 11’9” and they are hoping to have enough room just to dine in the gazebo.
No one present spoke in favor of or against the application. Hearing no further comments, Chairman Cable asked for a motion to close the Public Hearing.
A motion was made by Tom Risom, seconded by Pat Looney and voted unanimously to close the Public Hearing for the Special Permit Application to permit a detached screen porch (gazebo) on existing concrete structure on property located at 11 Riverbend Road, which is in the Connecticut River Gateway Conservation Zone, where the existing dwelling is in excess of 4,000 square feet, Siesel E. Canaday, Jr., owner.
2. Special Permit Application and Municipal Coastal Site Plan Review Application to permit construction of an 8,600 s.f., two-story office building on the commercial portion of property located at 5-1 Davis Road East which is in the Connecticut River Gateway Conservation Zone, Huntley & Halls, LLC, owner and Questa Builders, Inc., applicant.
Ms. Marsh read the exhibit list for the record. Mr. Risom pointed out that they cannot close this Public Hearing this evening as they are awaiting approval from the Inland Wetlands Commission.
Bob Doane, P.E., was present to represent Questa Builders, Inc. He noted that the parcel of land is 12.5 acres on the north side of Davis Road East and West, which Questa Builders is under contract to purchase. Mr. Doane stated that this is a free split and the plan has been submitted to the Planning Commission.
Mr. Doane stated that the commercial area is approximately 1.25 acres. He indicated that they are proposing to construct an 8,600 sq. ft. office building. Mr. Doane stated that they would like to expand from general office to allow for medical office, which required them to change the components of the sanitary system. He submitted copies of the revised plan which allows medical office use, again noting that the Zoning aspects of it are the same.
Mr. Doane stated that the building is 43’ x 100’ essentially located in the middle of the lot. He indicated that the Zoning Regulations dictate the building location, and because it is a narrow street, they are essentially a 75’ off the road. He noted that there is also a 100’ wetlands setback that restricts the building location. Mr. Doane stated that there are two sanitary systems proposed; one for the first floor and one for the second floor. He noted that there are good soils on site. He explained that they designed the septic system to be very sensitive to the environment, along with the galley system that can handle the first inch of run-off. Mr. Doane stated that the parking regulations require 42 spaces and they are providing 44 parking spaces, including
2 handicap spots.
Mr. Doane stated that there is an easement across the property which goes to Talcott Farms for emergency access. He noted that the easement is shown on the plan as a gravel road. Mr. Doane stated that the parking does not impose on the easement. He noted that the revised plans will be submitted to the sanitarian. Mr. Doane stated that they have given full consideration to the Gateway Regulations. He noted that he is aware that the Public Hearing will be continued to the July Regular Meeting.
Mr. Risom questioned whether the building would appear to be a single story. Mr. Doane replied that it will appear to be single family from the west and from the Hideaway. Ms. Cable noted that it will abut the existing foundation near the Hideaway.
Ms. Marsh suggested that Mr. Doane mark the distinction between the commercial area of the lot and the potential future residential area so that there is no confusion that that land is not part of the commercial development.
Ms. Cable asked that they submit landscape details.
Mr. Looney stated that he believes that the handicap parking regulations will be different for the medical care provider use; he suggested that Mr. Doane check the Regulations.
Mr. Risom questioned whether they have addressed the outflow of traffic on Davis Road West. He stated that the road is narrow and he would like verification that the very narrow corner is sufficient for additional traffic. Mr. Doane stated that he will show the turning radius of the road.
Peter Mezes, Treasurer of Talcott Farm Board, stated that he learned about the proposal and the membership and board has a few concerns. He indicated that they request time to review before a zoning decision. Mr. Mezes stated that they are concerned about the environment and are asking for an environmental impact study. He stated that they are also concerned about the impact on the fire road.
Ms. Cable stated that the gravel road will be unimpeded and the portion near Halls Road will be paved. She explained that the documents are available in the Zoning Office any time the Town Hall is open. She noted that it may be better to bring environmental impact concerns to the Inland Wetlands Commission. Ms. Cable explained that the Public Hearing will be held open until July 10, 2011, where the Commission will hear the applicant again and the public will have the opportunity to speak.
David Primo, adjacent property owner to the northeast, stated that he realizes it is a commercial project, but he feels that the back of the building encroaches on the setback and the parking encroaches on the wetland setback. He stated that a smaller building would solve those two issues. Ms. Cable stated that the building does not encroach, it simply touches the setback line. She noted that the parking encroachment on the wetlands will be considered by the Wetlands Commission. Mr. Doane explained that the parking is located in the 100 foot review area of the wetlands, it is not encroaching on a required wetlands setback.
Ms. Mezes of 7 Clark Lane stated that she lives across the marsh from the building and she questioned from her perspective how high the structure would be. Mr. Doane noted that they would not be clearing the land between the structure and her home. He explained the grading around the building, noting that the architect designed a structure that fits into the site. He noted that Ms. Mezes will see a structure height of 35 feet from her property.
Hearing no further comments, Chairman Cable asked for a motion to continue the Public Hearing to the July 10, 2011 Regular Meeting.
A motion was made by Tom Risom, seconded by Pat Looney and voted unanimously to continue the Public Hearing for Special Permit Application and Municipal Coastal Site Plan Review Application to permit construction of an 8,600 s.f., two-story office building on the commercial portion of property located at 5-1 Davis Road East which is in the Connecticut River Gateway Conservation Zone, Huntley & Halls, LLC, owner and Questa Builders, Inc., applicant, to the July 10, 2011 Regular Meeting.
3. Petition to adopt Federal Emergency Management Agency Flood Insurance Rate Maps and adopt changes to Section 4.4.2 Identification of District, Section 4.4.3 Definitions, Section 4.4.5 Base Flood Elevation and Floodway Data, Section 4.4.6.4 Special Flood Hazard Area, Section 4.4.6.5 Coastal High Hazard Areas, Section 4.4.6.6 Floodways, Section 4.4.6.7 Manufactured Homes, Section 4.4.9 Variance Procedures and new state requirements for language on Compensatory Storage and Equal Conveyance, as well as Aboveground Storage Tanks, Portion of Structure in Flood Zone, Structures in Two Flood Zones and No Structures Entirely or Partially Over Water. Effective Date: July 18, 2011.
Ms. Cable noted that there are 25 pages of Flood Hazard Regulations and after review of them she noted a few typographical errors and gave them to Ms. Barrows. She noted that the numbering and lettering may need to be adjusted. Ms. Cable noted that the Regulations are expected to be adopted. Ms. Bozek noted that there are things in the Regulations that Old Lyme does not allow. Ms. Cable noted that the Regulations must be adopted as written.
Ms. Marsh read the exhibit list for the record. It was noted that Ms. Brown recommends waiting for comments from EEP and the Gateway Commission before closing the Public Hearing.
A motion was made by Tom Risom, seconded by Pat Looney and voted unanimously to continue the Public Hearing for the Petition to adopt the Federal Emergency Management Agency Flood Insurance Rate Maps and associated changes, to the July 10, 2011 Regular Meeting.
The Meeting adjourned at 8:29 p.m. on a motion by Pat Looney; seconded by Jane Marsh and voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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