TOWN OF OLD SAYBROOK
Historic District Commission
302 Main Street Old Saybrook, Connecticut 06475-1741
Telephone (860) 395-3131 FAX (860) 395-3125
MINUTES
REGULAR MEETING
Monday, September 19, 2005 at 7:30 p.m.
Acton Public Library
60 Old Boston Post Road
I. CALL TO ORDER
The Chairman called the meeting to order at 7:40 p.m.
II. ROLL CALL
Attendant Members
R. Welsh
R. Wendler
R. Morrison
R. Bradbury
J. Rimkus
H. David
P. Osborne
L. Tietjen
Attendant Staff
C. Nelson, Town Planner
III. PUBLIC HEARINGS
A. “William Tully House” (1750) Application for Certificate of Appropriateness
Erection of New Accessory Structure – Dock
135 North Cove Road (Map 32 / Lot 5)
Owner: LL Family, LLC Agent: Gary P. Sharpe, P.E.
The Chairman asked the members if any had personal or fiduciary conflicts that would prevent them from acting in a fair and impartial manner on the proposed application; R. Bradbury and J. Rimkus disqualified themselves and left the table. The Chairman announced that alternate members P. Osborne and L. Tietjen were next eligible to be seated via rotation of alternate members and asked whether they had any similar conflicts of interest. After some discussion, both stated their ability and intention to act in a fair an unbiased manner upon the pending application. The Chairman seated them to act in the stead of the conflicted members.
Mr. Jay Malcynsky, attorney for the applicant, presented the history of the applicant’s consideration of alternate locations, including recommendations of the Connecticut Department of Environmental Protection (DEP), the Connecticut Historical Commission, and the Old Saybrook Harbor Management Commission (HMC). MR. Malcynsky reported that both the DEP and the U.S. Army Corps of Engineers (ACOE) granted permits in March 2005, and both the HMC and the Old Saybrook Zoning Commission approved the site plan in April 2005.
Mr. Gary Sharpe, civil engineer for the applicant, described the structural elements and dimensions of the proposed dock, as well as the status of the adjacent historic wharf, which appears on the plans as a spit of land parallel to the proposed dock. The top of the proposed pier would be at 7.0’ AMSL, and the surface of the pier consist of a combination of light-penetrating plastic decking and sustainably harvested, weather-resistant hard wood.
The Chairman opened the floor to questions and comments from the audience to the Commission. John Price, 152 North Cove Road, stated that the DEP held a public hearing on a previous application for a similar structure on the adjacent property, which was withdrawn by the owners. Mr. Price submitted a letter for the record. Henri David, 122 North Cove Road, asked questions about the structural elements of the plan.
Barbara Aubin, 152 North Cove Road, stated that the records of the proceedings were not conveniently available for her inspection when she visited the Town Hall. Ms. Aubin asked for clarification about the protection of riparian rights, and the applicant’s engineer stated that the adjacent owner of land and its successor had had no objections. Mr. Sharpe also described for the Commission, in response to further questions from Ms. Aubin, the series of permits and requisite personal and general notices given by the applicant, including mailings to neighbors, publication in newspapers (Middletown Press), and submittal to the Town Hall. Upon inquiry from the Chairman, it seemed that no one in the audience regularly subscribes or purchases that newspaper. Mr. Sharpe cited several
public meetings at which public agencies had considered the application. Barbara Smith, 200 North Cove Road, stated that the presentation of the application by the applicant’s engineer left it unclear as to whether the dock is similar to the other docks on North Cove Road. Mr. Sharpe described the dimensions of the structure as having a fixed pier of 172’ in length, including a dogleg in its course shifting it approximately 15’ to the west, a ramp of 25’ in length, and a floating dock of 20’ in length. Ms. Aubin raised the issue of a lack of public awareness of the sequence of permits from various agencies. Ms. Aubin spoke of the structure’s relationship to and context within the criteria of the Commission’s authority as stated within the Commission’s regulations. The Chairman stated that the Commission’s legal counsel believes that it has limited authority, and he submitted a copy of that opinion
letter for the record.
Dinah Lefkowitz, 174 North Cove Road, spoke of the previous improvements to the property as “un-neighborly”. Mary Specter, 20 Saltus Drive, spoke about the negative tenor of the meeting and the public comments. Dick Goduti, representative of the HMC, recalled from his attendance at HMC meetings and his reading of its meetings that the HMC had reviewed a previous version of the proposed structure with some criticism of its length recommending it to be shortened. Mr. Sharpe stated that the applicant responded to the HMC by shortening the length of the structure. Mr. Goduti informed the Chairman that the Commission needs to refer to the HMC such proposals for advisory report as required by the Harbor Management Plan, and the Chairman responded that he had, although not in
writing, but he understood that the HMC had reviewed it but failed to report.
John Price, 152 North Cove Road, asked the Commission whether the Connecticut River Gateway Commission had reviewed the application; and the applicant’s attorney stated that it wasn’t within their jurisdiction and answered other questions regarding public notice. Barbara Aubin, 152 North Cove Road, spoke of a need for “common sense and common courtesy” by the Office of the First Selectmen in copying to the Commission any dock within their jurisdiction that the DEP is reviewing. Elizabeth David, 122 North Cove Road, asked for the height of the water at the dock, which were reported by the applicant to be 1.3 ‘ AMSL at the southernmost end of the dock during Mean Low Water (MLW) and 2.4’ AMSL just off the dock at Low Tide.
Dinah Lefkowitz, 174 North Cove Road, expressed concern about the aesthetics of the applicant’s previous improvements to the property as “suburban” and his “abuse of good will”. Pat LaRiviere, 76 North Cove Road, requested to know whether the structure needs to be as long as that proposed. Mr. Sharpe answered that the applicant revised its original placement and length to address the DEP’s concerns about the conservation of submerged aquatic vegetation and tidal marsh grass. Jack Soper, 48 Cromwell Place, raised the issue of a potential need for dredging of the channel soon after construction. Mr. Sharpe stated that the DEP no longer issues dredge permits for residential docks. Sally Boody, 7 Willard Avenue Extension, asked about the
height of the pilings above the pier decking and whether there would be railings along the length of the structure. Mr. Sharpe answered that railings are not a typical requirement of the DEP. Paul Connolly, 60 North Cove Road, requested a reduction of the scale of the structure.
Barbara Genther, 55 North Cove Road, made the Commission aware that someone had circulated to the neighborhood a mark-up copy of the Commission’s publication order to the Hartford Courant for legal notice of the meeting with handwritten notations urging attendance at the advertised meeting. Barbara Smith, 200 North Cove Road, stated that she had been the one to distribute the marked-up notices. Mr. Philips, 200 North Cove Road, spoke about development pressures along the shoreline and requested better notification from the Commission. He spoke of the dock as out-of-scale and pushing the envelope of what is precedent and “the big picture”. Elizabeth David, 122 North Cove Road, voiced concern over the proposed structure. Randi Bradbury, 192 North Cove Road,
stated that the sequence of permitting can vary but nothing happens within the historic district without a Certificate of Appropriateness. Dinah Lefkowitz, 174 North Cove Road, asked if the size of the dock was relative to its function.
The Chairman asked the applicant to submit information regarding the relationship of the dock to the surrounding vegetation. The Chairman moved the discussion to the questions and comments of the Commission. Vice Chairman Wendler spoke of the Commission’s jurisdiction as stopping at Mean High Water. The Commission discussed its jurisdiction, and the Chairman asked the Commission to consider the entire structure. Ms. Osborne asked the applicant about the need for the floating dock. Mr. Morrison spoke about the applicant’s integrity in meeting the review authority of many agencies thus far and about the size of the dock within the “local context”. Mrs. Tietjen cited a manuscript in discussing the construction of a new structure so proximate to the
archeological remnants of the historic wharf. Mr. Malcynsky, the applicant’s attorney, quoted a letter from the State Historic Preservation Officer, stating that the applicant has been forthcoming in making provisions for preservation of the historic remains. The Chairman spoke about sight lines along the shore and from North Cove Road and the affected neighbor’s view. Mr. Malcynsky spoke bout the DEP’s concerns for protection of the aquatic species overriding its concerns for aesthetics. Mr. Morrison and the Chairman both opined as to the applicant’s ability to shorten the pier. The Chairman also asked the applicant to submit a letter from the DEP confirming why the concern for 100’ dock but no concern for a 200’ dock. Mr. Malcynsky spoke about the buoyant dock’s movement with the tide as being located so as to not disturb the submerged aquatic vegetation. Mr. Morrison requested a clearer legal
opinion as the Commission’s jurisdiction in acting on the matter.
MOTION to continue the public hearing of the Application for Certificate of Appropriateness for Erection of a New Accessory Structure – Dock at 135 North Cove Road (Map 32 / Lot 5) until October 17, 2005 at the Acton Public Library, 60 Old Boston Post Road MADE by R. Wendler; SECONDED by P. Osborne; VOTED IN FAVOR: R. Welsh, R. Wendler, P. Osborne, R. Morrison, L. Tietjen; OPPOSED: None; ABSTAINED: None. APPROVED 5-0-0.
B. “Capt. Dolbeare House” (1850) Application for Certificate of Appropriateness Alteration of Existing Accessory Buildings – Guest Cottage & Carriage House
70 North Cove Road (Map 31 / Lot 15-2)
Owner: Daniel S. Matos Agent: Rebeccah Tuscano-Moss, Designer
Mr. Welsh recused himself from acting upon the application; Mr. Wendler assumed the chairmanship and seated Ms. Osborne in Mr. Welsh’s stead.
Dan Matos, owner of the property, introduced himself and described the property and its existing and proposed improvements, including the subject carriage house and cottage. Mr. Matos described the proposal in the context of the surrounding neighborhood.
Ms. Rebeccah Toscano-Moss, building designer, described the existing buildings as non-traditional for the District and explained that the proposed materials and architectural elements would be more traditional in nature.
Pat LaRiviere, 76 North Cove Road, asked about the roofline. Ms. Toscano-Moss answered and described the placement of the building on the site. Janet Klett, 78 North Cove Road, asked about the lean-to.
The Commission discussed the application, including the arched windows, the French country doors, the barrel vaulting, and the materials. Mr. Morrison asked about the extent to which the original structure would remain, and Ms. Toscano Moss answered that the house would be almost all of new construction. Ms. Bradbury requested that the list of exterior materials submitted on the plans constitute that which should have been submitted as a separate list. Ms. Toscano-Moss described the French drains that are proposed to surround the house at the drip lines of the roofs on each structure. Ms. Bradbury stated that the eyebrow style window is typical of those found elsewhere in the neighborhood.
MOTION to close the public hearing of the Application for Certificate of Appropriateness for Erection of Existing Accessory Buildings – Guest Cottage & Carriage House, 70 North Cove Road (Map 31 / Lot 15-2) MADE by P. Osborne; SECONDED by J. Rimkus; VOTED IN FAVOR: R. Wendler, P. Osborne, R. Morrison, R. Bradbury, J. Rimkus; OPPOSED: None; ABSTAINED: None. APPROVED 5-0-0.
MOTION to approve the Application for Certificate of Appropriateness for Erection of Existing Accessory Buildings – Guest Cottage & Carriage House, 70 North Cove Road (Map 31 / Lot 15-2) MADE by R. Bradbury; SECONDED by R. Morrison; VOTED IN FAVOR: R. Wendler, P. Osborne, R. Morrison, R. Bradbury, J. Rimkus; OPPOSED: None; ABSTAINED: None. APPROVED 5-0-0.
IV. OLD BUSINESS
A. “Residence Requirement of Historic District Commission”
The Chairman summarized the status of the Commission’s initiative to amend its enabling Ordinance to increase the number of out-of-District residents eligible to serve as members and alternate members of the Commission. Ms. Rimkus read a letter from Donna Dibella, 91 North Cove Road, to the Commission opposing the initiative. The Chairman stated that the concept was first introduced at the Annual Meeting of the Commission. William Childress, 192 North Cove Road, spoke of his having made the motion at that meeting, reiterated its merits, and noted that there was a unanimous vote of those present at that time. The Chairman announced that the amendment to the Ordinance was adopted at Town Meeting on September 15, 2005.
V. NEW BUSINESS
None.
VI. REGULAR BUSINESS
A. Minutes
MOTION to accept the minutes of September 12, 2005 as drafted MADE by R. Wendler; SECONDED by R. Welsh; VOTED IN FAVOR: R. Wendler, P. Osborne, J. Rimkus; OPPOSED: None; ABSTAINED: R. Morrison, R. Bradbury. APPROVED 3-0-2.
B. Correspondence
The Commission discussed a notice of an informational workshop to be conducted by the Board of Selectmen’s Founders Memorial park Committee on September 27, 2005.
C. Committee, Representative, and Staff Reports
None.
VII. WORKSHOP
A. “South Green Historic District”
Mr. Welsh spoke of the Commission’s next step as sending out a letter asking for written confirmation f support for the creation of a local historic district for the neighborhood surrounding the South Green.
VIII. ADJOURNMENT
MOTION to adjourn the meeting until October 17, 2005 at the Acton Public Library, 60 Old Boston Post Road; MADE by R. Wendler; SECONDED by J. Rimkus; VOTED IN FAVOR: R. Wendler, P. Osborne, J. Rimkus, R. Morrison, R. Bradbury; OPPOSED: None; ABSTAINED: None. APPROVED 3-0-2.
Respectfully submitted,
Christine Nelson, acting as Recording Clerk
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