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Historic District Commission Minutes 11/20/2014
MINUTES
REGULAR MEETING
Thursday, November 20, 2014 at 7:00 p.m.
Town Hall, 2nd Floor Conference Room
302 Main Street

I.      CALL TO ORDER
        Vice Chair Diane Aldi DePaola called the meeting to order at 7:00 p.m.
Members Present: Diane Aldi DePaola, Mary Kennedy, Richard Peters and Eugene Creighton, seated for William Childress
        Members Absent:  Jeff Meotti, William Childress, Donald Brigham
        Staff Present:  Stella Beaudoin, Recording Clerk

2 Members of the public were present: John Russell. 184 North Cove Road and Henri David, 122 North Cove Road

MOTION: To open the Public Hearing on Certificate of Appropriateness – Erection of a Guiderail at the terminus of North Cove Road; MADE: M. Kennedy; SECONDED: R. Peters; IN FAVOR: D. Aldi DePaola, M. Kennedy, R. Peters, E. Creighton; OPPOSED: None; ABSTAINED: None; APPROVED: 4-0-0.

Certificate of Appropriateness – Erection of a Guiderail
Northeast terminus of North Cove Road
Applicant:  Town of Old Saybrook    Agent Carl P. Fortuna, Jr., First Selectman
ACTION:  Open public hearing, continue or close act by 12/18/14 mtg. (NLT 1/24/14)

D. DePaola opened the Public Hearing.

First Selectman, Carl Fortuna presented.  Mr. Fortuna stated that last winter a decorative fence was installed on the Nocera property which is across from the home of John Russell, 184 North Cove Road. Selectman Fortuna stated that there is a significant drop-off just beyond where the fence was located. A Town plow truck hit the fence and Mrs. Nocera contacted Public Works. The Town Director of Public Works, Larry Bonin assessed the site and determined that for safety purposes, the installation of a protective guardrail would best serve this location.

Mr. Fortuna proposed additional funding before the Board of Finance, for replacement of the rotted guardrail with steel back timber, which is a guardrail that is installed along the Merritt Parkway and State of CT Department of Transportation rated.  Mr. Fortuna was advised by the Town Engineer as to what is appropriate for this location and the steel back timber was suggested.  

Mr. Fortuna stated that there was discussion about the installation of a lesser guardrail, however because this guardrail is Department of Transportation rated, it was the best option for the purpose of safety.  

Since the installation of the steel backed timber guardrail, Mr. Russell and Mr. Fortuna have had two meetings and Mr. and Mrs. Russell have expressed their dissatisfaction with the aesthetics of this guardrail.  Mr. Fortuna stated that there is an easement that is blocked by six feet of the guardrail and noted that the situation must be remedied.  Mr. Russell would prefer to see a different guardrail in place.  

Mr. Fortuna suggested that while it is not a historic structure, the guardrail does not distract from the historic nature of the historic district and it is more consistent than a metal guardrail. The guardrail was installed on the advice of both the Public Works Director and the Town Engineer for the purpose of safety due to the drop off.  Mr. Fortuna stated that the easement on which the guardrail is situated is a Town right-of-way and the Town is looking to protect from lawsuit. Mr. Fortuna stated that he did not realize that he needed to come before the Commission to seek approval to install the guardrail.  

Mr. Russell stated that his concern as related to necessity is that although this guardrail is DOT rated, that section of road serves only as a driveway for 4 private residences and there is a very limited amount of traffic. The speed limit observed averages 5 miles per hour due to the narrowness of the roadway which allows passage of one vehicle at a time. Mr. Russell stated that this guardrail is overkill and he suggested that there are other options that will solve the problem that do not necessarily meet what DOT suggests for the Merritt Parkway.  Mr. Russell noted that from a safety standpoint, there is a “dead end” sign on the corner of North Cove and just below that sign there is additional signage alerting to “children playing”. Mr. Russell stated that there are no children in the neighborhood and suggested that the “children playing” sign be replaced with “No Public Turnaround Ahead” which would eliminate further traffic concerns.  

E. Creighton asked if the Town would be willing to sell that road to the property owners.  

C. Fortuna stated that he was quite certain that any proposal for the sale of this property would create an objection from the public.  

R. Peters stated that this is a unique location and the real issue is liability and questioned if there a possibility that liability insurance would mitigate the issue. This is a cliff and someone who is impaired could go down that road and find their way off of the cliff. This would be a significant negative to the community and terrible economic impact to the community.  

Mr. Russell stated that the way in which the guardrail is constructed, it is impossible for any car to hit that rail head on, unlike going in over the seawall.  Mr. Russell noted that he is not looking to eliminate the barricade, however he is looking for something that is not as aggressive and unattractive as what is currently in place.  Mr. Russell stated that there are several other in-Town locations that are protected by boulders and beyond the causeway there are pilings and double cables which are situated very low and not as intrusive as the guardrail in place.

D. DePaola stated that the Historic District Commission cannot vote on anything other than what is before the Commission for their review.  A vote would need to be made over the appropriateness of the existing guardrail. Ms. Aldi DePaola stated that this evening, the Commission will either grant a certificate or take no action.

R. Peters asked Mr. Russell if the height and location of the railing was agreeable. Mr. Russell stated that height and location were agreeable, however the appearance is objectionable.

R. Peters asked if he would be in agreement to the installation of a white picket fence in front of the guardrail.  Mr. Russell agreed that something in front of the guardrail and a capping to obscure the rusted beams would be agreeable.   

M. Kennedy asked if the Commission can vote on this due to the easement issue.  D. DePaolo stated that Mr. Russell will continue to work with Mr. Fortuna related with the easement issues and that the Commission will make a decision this evening

E. Creighton, M. Kennedy, D. DePaolo and R. Peters stated the appearance of this railing is appropriate in a historic district.  D. DePaolo stated that per the Historic District Commission regulations, safety must be factored into the consideration of the appropriateness of the installation of this guardrail, noting that this structure offers a level of appropriateness and safety.

D. DePaolo closed the public hearing.

MOTION: To approve the issuance of a Certificate of Appropriateness for the erection of a guardrail at the northeast terminus of North Cove Road; MADE: R. Peters; SECONDED: E. Creighton; IN FAVOR: D. Aldi DePaola, R. Peters, E. Creighton; OPPOSED: None; ABSTAINED: M. Kennedy; APPROVED: 3-0-1.  

II.     REGULAR BUSINESS
  • Minutes
The Commission reviewed the October 16, 2014 meeting Minutes and motioned approve with one amendment.

MOTION: To approve the minutes of October 16, 2014 with the amendment to correct the letterhead to omit Randi Bradbury as Chairman; MADE: E. Creighton; SECONDED: R. Peters; IN FAVOR: D. Aldi DePaola, M. Kennedy, R. Peters; E. Creighton OPPOSED: None; ABSTAINED: None; APPROVED: 4-0-0.

  • Correspondence – There was no correspondence.
C.  Committee, Representative and Staff Reports

Mr. Creighton reported on the District sign status stating that the signs have been erected.

III.    OLD BUSINESS
  • Historic Structures Inventory
Selectman Fortuna granted an extension to David Taylor representing Taylor & Taylor Associates for submission of the preliminary report of the Historic Resource Inventory. Upon completion, the Commission will be provided with the report for their comment and critique.

Mr. Tedd Levy of the Old Saybrook Historical Society, wrote an article which will go into Essex Events.

III.    OLD BUSINESS
A.     Awareness-building Initiative – District Identification Signs
Action:  Report progress on publicity.

No discussion.

B.     Physical Improvements – Roadside & Hillside Planting Plan
        125 North Cove Road (Map 32/Lot 3)
       ACTION:  Update draft planting plan per HMC review.

At the August 21, 2014 meeting of the Historic District Commission (HDC) a motion was approved to schedule a public meeting to present plans for planting the Clothes-line Marina Guardrail.  Shortly thereafter, the public meeting was postponed because there was a question as to the need for approval of this action by the Harbor Management Commission (HMC).  Additional delay surrounded the public presentation of the First Selectman's plan to ask the Board of Finance to change the guardrail to a wooden-backed, steel structure, which would be appropriate for a historic district.

The rail change was denied by the Board of Finance.  Former HDC Chair, R. Bradbury and K Connelly, Landscape Designer attended a Harbor Management Commission meeting to present the planting plans, however the HMC never voted on the plan.  R. Bradbury, Ray Collins, HMC Chairman and First Selectmen, Carl Fortuna met and discussed plantings for the guardrail and related issues and at that meeting R. Collins stated that the Harbor Management Commission had no objections to planting plan for the guardrail.

R. Peters who is charged with follow-up on the Roadside and Hillside Planting Plan reported to the Commission.  R. Peters spoke with Christine Nelson, Planning Director and inquired if the Harbor Commission had authority over the guardrail area and if their approval is required by the HDC in order to proceed with the planting, for which Ms. Nelson was uncertain.   R. Peters proposed that he meet with the First Selectman and/or Town's Attorney to obtain a ruling on the issue. He suggested that if they do not have jurisdiction over this area, the HDC move forward with the planting plan.


D.DePaola suggested that first the Historic District Commission write a letter to Ray Collins, Chair of the Harbor Commission advising that the HDC is ready to move forward with planting the rail in the Spring of 2015 and that the Commission seeks the support of the HMC on this endeavor.  Members agreed with this suggestion.

C.      Proposed sections of the Town Plan of Conservation & Development
        “Scenic Roads:  A Corridor Management Plan for Local and State Scenic Roads in Old    Saybrook” and “Mariner’s Way:  A          Vision to Improve the Route 1 East Corridor     between Saybrook Junction town center and Ferry Point marina district”
        
ACTION: Review & respond to request for partnership in implementing.

No discussion.

IV.     ADJOURNMENT

MOTION to adjourn the meeting at 8:16 p.m. until the next regular meeting on December 18, 2014 at 7:00 p.m., Town Hall, 2nd Floor Conference Room, 302 Main Street:;  MADE by R. Peters;  SECONDED by M. Kennedy;  IN FAVOR: D. Aldi DePaola, M. Kennedy, R. Peters, E. Creighton.  OPPOSED: None; ABSTAINED: None; APPROVED: 4-0-0
        
Respectfully Submitted,

Stella Beaudoin
Recording Clerk