OLD LYME ZONING COMMISSION
PUBLIC HEARING
Monday, September 9, 2013
The Old Lyme Zoning Commission held a Regular Hearing on Monday, September 9, 2013, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present were: Jane Cable, Chairman, Jane Marsh, Secretary, John Johnson, Vice Chairman Tom Risom (Regular Member, arrived at 7:36 p.m.) and Pat Looney (Regular Member).
Also present: Ted Kiritsis (Alternate), Harland Frazier (Alternate) Joan Bozek (Alternate arrives at 7:38) and Ann Brown, Zoning Enforcement Officer.
Chairman Cable called the Public Hearing to order at 7:33 p.m. She noted that Ted Kiritsis would be seated for Tom Risom.
1. Modification to a Site Development Plan, 458 Shore Road, to add a two bedroom apartment to the warehouse building, Mark J. Brett, applicant.
Chairman Cable noted that this Public Hearing has been continued from the August Regular Meeting.
Tom Risom arrived at this time (7:36 p.m.) and Mr. Kiritsis is no longer seated. Ms. Marsh read the list of new exhibits for the record. She read Tom Metcalf’s letter in its entirety.
Chairman Cable questioned whether the revised site plan addresses Mr. Metcalf’s comments. Matthew White, engineer, stated that the first comment (3A) regarding the three season room is no longer applicable because they have removed the three season room and the stairs have been relocated to the interior of the building. He stated that the revised plans, dated September 3, 2013, was changed to remove the exterior stairs and he noted that that is the only change to the plan. Mr. White indicated that because there is no building addition a CAM review is not required. He noted that the plan was submitted to the Health Department and has received approval. Mr. White stated that there is no exterior lighting proposed and no additional landscaping proposed. He explained that the
applicant is aware of the proper fire separation between commercial and residential and has been in contact with the Fire Marshal in this regard.
Mr. Kiritsis questioned when the applicant would get approval from the Fire Marshal. Mr. White indicated that it would be in conjunction with the Building Permit. Chairman Cable stated that she has noticed dumpster parking and other equipment parking. Mr. Brett stated that they are cleaning out the garage which is why there is a dumpster and a container at the site. He indicated that they had stored some equipment there but they have since moved it.
Mr. Kiritsis stated that the generator is located very near a residential property and questioned whether there is a sound barrier proposed. Mr. White indicated that there is not and that the generator meets the side property line setback.
Ms. Brown questioned whether the Commission needed any further information about the existing parking because the applicant has requested that they not be required to establish the parking but rather show reserved parking. Mr. Risom stated that he is satisfied with the existing parking.
No one present spoke in favor or against the application. Hearing no further comments Chairman Cable asked for a motion to close the Public Hearing. Mr. Johnson stated that there should not be a noise issue.
A motion was made by John Johnson, seconded by Tom Risom and voted unanimously to close the Public Hearing on the Modification to a Site Development Plan, 458 Shore Road, to add a two bedroom apartment to the warehouse building, Mark J. Brett, applicant.
2. Special Permit Application to permit two greenhouses (totaling 5,100 +/- s.f.) for agricultural use on property located at 15-1 Tantummaheag Road, which is in the Connecticut River Gateway Conservation Zone, Walker Potts, applicant/owner.
Mr. Looney recused himself and Mr. Kiritsis was seated for this item. Ms. Marsh read the legal ad as published in the New London Day on August 27 and Tuesday, September 3, 2013. She also read the exhibit list for the record.
Mr. Walker Potts stated that they are reducing the square footage to 3,700 square feet. He pointed out the change on the site plan and noted that the height remains the same. Mr. Potts noted the existing tree line and noted that it will not be changed. The shaded site plan was marked Exhibit L. Mr. Potts pointed out that the stripped foundations are the existing foundations. He noted that there is approximately 500 feet between the new structures and the river.
Chairman Cable questioned whether the existing trees would screen the greenhouses from the river. Mr. Potts indicated that they absolutely would screen the view of the greenhouses from the river.
Mr. Johnson questioned whether the greenhouses would be built into the ground. Mr. Potts stated that they would like to but because of the ledge they will probably wind up pinning them to the ledge. He noted that the height of three greenhouses is 26 feet.
Chairman Cable noted that Torrance Downes had a comment regarding reflectivity. Mr. Potts stated that they are using the existing color scheme and painting the structures the same color as the barn, country red. Chairman Cable stated that she believes Torrance is talking about the glass. Mr. Potts stated that it is poly-carbonate and not as reflective as glass and because of the position on the property it will only reflect sun for the first hour and one half hour of sunlight a day. He noted that there will not be bathrooms. Mr. Potts stated that they have an easement on the land trust property for water.
Mr. Risom pointed out that the proposal is to construct two greenhouses, 3,700 square feet, 26’ in height, to grow mushrooms and other food for restaurants but not for public sale. He indicated that because the Public Hearing was opened last month it might not be clear to the public present what the Commission is discussing. It was clarified that these greenhouses are not commercial but an accessory use to the residential property; it is before the Commission because it is in the Gateway Zone. Ms. Brown stated that the size of the building did not exempt the applicant from CAM. She noted that it does not matter whether it is commercial or residential.
Mr. Potts stated that he reduced the size of the greenhouses so that one person would be able to take care of the plantings.
Mr. Johnson questioned the size of the property. Mr. Potts indicated that the property is just shy of 20 acres.
Hazella Petes, 51 Colt Lane, stated that she and her husband are concerned about a commercial development in a residential area. She indicated that small commercial developments can be expanded. Ms. Petes stated that because there are no sales on site does not make it a residential structure. She noted that it is a business venture to make money. Ms. Petes stated that she is concerned that if the business is successful he may increase it. She noted that this project will also increase traffic on a residential street and they are concerned with the impact to their residential properties. Ms. Petes noted that there is also a Town Landing on the street and many in the neighborhood walk there and children play there.
Janet Bagg, 17 Tantummaheag Road, questioned the condition of the old cistern which holds the water and whether it can hold an adequate amount of water for the properties it serves in addition to this venture. She stated that she is curious how someone can take care of 3,700 square feet of plantings and not have a restroom. Ms. Bagg stated that a lot of vegetables can be grown in 3,700 square feet and she is concerned with trucks coming and going. Ms. Marsh stated that the facility is being used for testing and it will be produced elsewhere. She questioned whether the 20 acres would be changed to agricultural land and the effective loss of taxes to the Town.
Maureen Moller, 55 Colt Lane, stated that Tantummaheag is directly behind Colt Lane. She stated that she supports the comments of those who have spoken. She indicated that she would like a better understanding of the sales. Ms. Moller stated that there are many children and pets in the neighborhood and she would like clarification on the size of the truck that will transport the produce. She indicated that she is concerned that this is a commercial use in a residential neighborhood. Ms. Moller stated that property values are also a concern. She indicated that five of her neighbors are opposed and they were not able to be here this evening.
Chairman Cable stated that she said restaurant and she misspoke.
Hazella Petes questioned what would be happening with the end product if it was not being sold to restaurants. She pointed out her driveway and the proximity to the applicant’s driveway on the site plan.
Mr. Looney recused himself because one of the presenters this evening was a fairly large client of his son. He indicated that he likes to err on the side of caution. Chairman Cable noted that Mr. Kiritsis would be seated for this item.
Mr. Potts stated that he is using the greenhouses for testing purposes of growing techniques and will grow for commercial use elsewhere. He indicated that he already has a property in Pawcatuck and will go through the approval process at that site when the time comes. He reiterated that he will not be selling the produce that he grows. Mr. Potts stated that he will be using CT Farm Fresh to take the produce. He noted that it will be picked up in a small pick-up truck, noting the narrow access at the driveway because of the stone wall. He indicated that growing at maximum capacity there would be two pick-up truck loads per week.
Mr. Potts stated that the water system has been tested and they will inspect to make sure there are no leaks. He pointed out that the cistern only takes care of his property, not other properties.
Mr. Potts stated that he is not planning to request an agriculture use designation for a tax abatement and indicated that he did not even know that was a possibility until this evening. Mr. Risom stated that a lot of small farms get abatements from the State and that is outside the realm of the Zoning Commission. Mr. Potts stated that he has a dog, a sister in a wheelchair and he plans to have his parents retire here. He indicated that he would not want them to have to put up with large trucks or a big commercial venture.
Chairman Cable questioned whether there would be lighting. Mr. Potts stated that the greenhouse is passive solar and there will be no lighting. He indicated that one of the existing structures which he plans to use as a seed nursery will have lighting. Mr. Potts stated that the goal of the project is zero impact.
Ms. Marsh stated that agriculture use is permitted in this zone and the applicant is not before the Commission to get the greenhouses. She reminded the Commission that they are looking at this application because it is in the Gateway Zone and should be considering whether it can be seen from the Connecticut River. Ms. Marsh told the audience that agricultural uses are treated the same as commercial uses in this zone, although she appreciates their concerns. She indicated that it is important for all residents to know this.
Tom Bagg, 17 Tantummaheag Road, stated that the run-off from the Cummings property, as he refers to it, comes down through a pipe under a right-of-way and down onto his property into a wetland that feeds a pond, then over a dam into the river. He questioned whether there would be waste water. Chairman Cable noted that the water system is a closed system that recycles the water. Mr. Potts showed a diagram of the water system and explained the process. Mr. Risom stated that the majority of the loss of fluid will be through the plants themselves.
Ms. Petes stated that she would like to know about the classes and seminars that would be given here. She noted that the legal notice mentioned these. Ms. Petes stated that she thought the Zoning Commission would have control over this application because it is a commercial use. Chairman Cable noted that this is an agricultural use, not a commercial use. She noted that if there is a change in use, the applicant would have to come back to the Commission.
Mr. Potts explained that he would hold seminars and classes as a way to welcome the community onto his property and give them the opportunity to learn about what he is doing. He indicated that he would like to promote this as he believes it will be the future of the industry. Mr. Potts stated that it would be great for schools also.
Maureen Moller stated that she received the certified letter regarding the meeting this evening and questioned why she was not notified of the meeting last month. Chairman Cable explained that the Commission only accepted the application at the August meeting and set the Public Hearing for this evening. She indicated that occasionally, when an application is being accepted, there is a small over view given by the Zoning Enforcement Officer. Ms. Moller questioned whether there has been any decisions made on this application. Ms. Marsh stated that the applicant requested a waiver to the CAM application which, if the Commission granted it, the applicant would not have had to come before the Commission at all. She noted that the Commission was not able to give the applicant a waiver because
waivers can only be granted for residential uses and the proposed use is agricultural. Ms. Moller questioned what the Gateway Zone is. Chairman Cable explained the history of the Gateway Commission, whose goal is to preserve the scenic views of the Connecticut River. She noted that member Towns of Gateway adopt the Gateway standards which protect the scenic views.
Ms. Marsh stated that agricultural uses can be commercial. She noted that Old Lyme has decided that agricultural uses are not commercial. Ms. Marsh stated that even if there are products sold, the Town of Old Lyme does not consider it to be commercially. Chairman Cable stated that Judge’s Farm is in a residential zone. Ms. Marsh stated that agricultural commerce is permitted in a residential zone.
Hearing no further comments, Chairman Cable asked for a motion to close the Public Hearing.
A motion was made by Tom Risom, seconded by John Johnson and voted unanimously to close the Public Hearing on the Special Permit Application for 15-1 Tantummaheag Road, Walker Potts, applicant/owner.
Chairman Cable adjourned the Public Hearing at 8:43 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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