PLANNING COMMISSION
MEETING MINUTES
Wednesday, September 5, 2007 at 7:30 p.m.
Pasbeshauke Pavilion at Saybrook Point Park
155 College Street Extension
I. CALL TO ORDER
Chairman, R. McIntyre, called the regular meeting to order at 7:30 p.m.
II. ROLL CALL
Attendant Members Absent Members
Robert McIntyre, Chairman James Conroy, Alternate Member
Judith Gallicchio, Vice Chairman William Voigt, Alternate Member
Salvatore Aresco, Regular Member
Janis Esty, Regular Member
Richard Tietjen, Regular Member
Attendant Staff
Christine Nelson, Town Planner
Attorney Eric Knapp, Consulting Legal Counsel
Geoffrey Jacobson, Consulting Civil Engineer
Kathy Noyes, Recording Clerk
III. REGULAR BUSINESS
A. Minutes
MOTION to approve the minutes of August 15, 2007 as presented. MADE
By J. Gallicchio. SECONDED by S. Aresco. VOTED IN FAVOR: R. McIntyre, J. Esty, J. Gallicchio, R. Tietjen, S. Aresco OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.
B. Correspondence
Members’ packets contain the following: minutes from the Zoning Commission, the town budget dated 7/30/07 and a CRERPA report from R. Tietjen dated 8/21/07.
C. Committee, Representative & Staff Reports
J. Gallicchio reported that the Road Regulations Committee has almost completed their work.
R. Tietjen read to the commission his report on CRERPA dated 8/21/07. He specifically wanted the commission to discuss the proposed “Essex Glen” residential life care establishment and how it could impact Old Saybrook in terms of traffic and stormwater. CRERPA would like the commission to respond to these issues. A public hearing is scheduled for September 17, 2007, therefore, if the commission would like to respond, it needs to do so soon.
R. Tietjen showed commission members a map of the proposed plans.
MOTION to amend the agenda to add item “B.” under “New Business”: “Essex Glen” residential life care establishment in Essex. MADE by J. Gallicchio. SECONDED by S. Aresco. VOTED IN FAVOR: R. McIntyre, J. Esty, S. Aresco, R. Tietjen, J. Gallicchio. OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.
C. Nelson reported that the Zoning Regulations and map are now updated and on the town website.
C. Nelson also reported that a new Environmental Planner has been hired,
Kelly Volanksy. She will also be the new Wetlands Enforcement Officer.
MOTION to amend the agenda to move “New Business A.” “:Crystal Lake” Fishway as a Municipal Improvement; Schoolhouse Road (Map 47 / Lot 6); Residence AA-1 District: Petitioner: Robert Fish, Chairman, Conservation Commission; to above “Public Hearings”. MADE by J. Gallicchio. SECONDED by S. Aresco. VOTED IN FAVOR: R. McIntyre, J. Esty, S. Aresco, R. Tietjen, J. Gallicchio. OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.
VI. NEW BUSINESS
A. “Crystal Lake” Fishway as a Municipal Improvement
Schoolhouse Road (Map 47 / Lot 6) Residence AA-1 District
Petitioner: Robert Fish, Chairman, Conservation Commission
Members received a map, project notes, a construction sequence and a concept drawing in their packets.
R. Fish explained the three pronged fork approach of the Old Saybrook Fishway System involving Oyster River, the Ingham Hill Pond and Crystal Lake. He showed these locations on a map, and explained how the fishway allows fish and eels into the fishing brook. The fishway system needs to be finished at Crystal Lake to address the needs of depth differences and water flow.
MOTION to send a favorable recommendation to the Conservation Commission and Board of Selectmen regarding “Crystal Lake” Fishway as a Municipal Improvement, Schoolhouse Road (Map 47 / Lot 6), Residence AA-1 District, Petitioner: Robert Fish, Chairman, Conservation Commission, in that it is consistent with the Plan of Conservation and Development specifically the section on Conservation and Open Spaces regarding the Fishways Plan, “Plan, design, and implement a series of fishways to allow diadromous fish to migrate between fresh water and the sea. Continue to monitor migration of anadromous fish and catadromous eels through the fish ladder at Chalker’s Mill Pond; construct fish ladders at Ingham Hill Pond and Crystal Lake.” MADE
by S. Aresco. SECONDED by J. Gallicchio. VOTED IN FAVOR: R. McIntyre, J. Esty, S. Aresco, R. Tietjen, J. Gallicchio. OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.
IV. PUBLIC HEARINGS
A. “Ziegler” Resubdivision of Land & Open Space (6.33 ac.) – 2 Lots (27.55 ac. total)
E. of Ingham Hill Road; 1,500’ N. of Mill Rock Rd.; (Map 52 / Lot 3-1),
Residence AA-1 District
Applicant: Merritt Lane Holding, LLC Agent: Joseph Wren, P.E.
Members received memos from Michael Pace, First Selectman; David Taylor, Sanitarian; D. Lucas, Building Official; and the Conservation Commission in their packets along with a report from Geoffrey Jacobson, PE dated 7/30/07, a copy of a previous report from Geoffrey Jacobson dated 3/13/07, a letter from Dzialo, Pickett & Allen, PC, and a referral memo from Sal Aresco.
Atty Royston who is representing Tonya and Jason Ziegler, the property owners, and Merritt Lane Holding, LLC, the applicant, presented for his client. Mr. Ziegler was present as well.
Atty. Royston gave a detailed explanation of the history of the property and explained the intent of the applicant which is to retain the residence and to sell one additional lot which will be developed and sold.
Atty Royston distributed many documents for the record including: a letter from Chris Cryder of 6 Crowley Drive dated 1/21/07, a memo from Paul Smith, IW&WC dated 4/23/07, a letter of reply from Atty Royston to Atty Knapp dated 9/4/07, a letter from Atty Royston to the OS Board of Selectmen dated 6/27/07, the application, a letter from Joseph Wren, PE dated 9/4/07 which is in response to G. Jacobson’s letter, and a letter from Eric Knapp dated 8/13/07 which is a review of the plans and application.
Atty Royston went through his letter dated 9/4/07 responding to review comments made by Atty Knapp in a letter to C. Nelson dated 8/13/07.
Issues of “frontage” were discussed by Atty Royston and how it is defined in the subdivision regulations versus the zoning regulations.
Atty Royston illustrated with maps the access to the “Ziegler” property over a deeded right of way and explained that the Merritt Lane subdivision has a right of way over town land. The town of Old Saybrook aquired the land subject to the rights of way.
Mr. Ziegler originally applied for a 6 lot resubdivision of land, but because of opposition from the Old Saybrook Land Trust, he withdrew that application from the Wetlands Commission and he reduced the proposal to a single lot resubdivision with a shared driveway which would cause less land disturbance and land development.
Atty Royston submitted for the record notices sent to abutting property owners and adjacent property owners, and he requested these green cards from the certified letters be put on file in the Land Use office. He noted that the town of Old Saybrook is also a land abutter to this property.
Atty Royston also submitted for the record a permit dated 4/19/07 for 6 Merritt Lane from the IWWC.
Atty Royston went into great detail going point by point over Atty Knapp’s comments of the proposal. He discussed the MABL square on the map, the map contours, the signature block, and the existing driveway and the applicant’s plan for the right of way modification. He illustrated using the map, the green area on the westerly side of the map which would be where the proposed easement would go and the red area of the map which would be abandoned as easement areas.
Atty Royston explained the proposal to move the easement rather than the right of way. He further explained that the development can’t be started until the easement is moved or the driveway is moved. He felt moving the easement would be a more likely solution.
Atty Royston discussed the original waiver request for 5.2.4 regarding lot frontage. He explained if the definition of “frontage” using the zoning regulations be used instead of the subdivision regulations, the waiver requirements would apply because they would have the required 25 feet.
Atty Royston also discussed waiver 6.9.4 relating to the shared driveway. The grade is not to exceed 12%, but in this case, short stretches are steeper than 12%. In order to not disturb the land, the applicant is asking that a shared driveway be improved but not otherwise changed in grade or location. This would allow open space to be transferred to the town of Old Saybrook and would significantly reduce the development of the 27.55 acres.
Atty Royston submitted another waiver request 5.2.6 requesting that frontage and access will be by the shared driveway. The shared driveway agreement was provided and submitted for the record by Atty Royston.
Atty Royston submitted a shared driveway deed dated 8/31/07 with Jason and Tonya Ziegler.
Atty Royton submitted for the record an easement agreement dated 8/16/99 with Joseph Gleason and David and Shary Maynard, the previous owners of the Ziegler property.
Atty Royston also submitted for the record a utility easement dated 12/11/98 with Mark and Donna Konarski and Marjorie Beck and David Maynard. It was received for the record by Sarah Becker, Town Clerk, on 8/16/99.
There was a discussion regarding gabion walls supporting the crossing above the water, and this was part of the shared driveway agreement, that the mutual land owners will maintain the gabion walls in a shared driveway deed.
In summary, Atty Royston stated that this application substantially reduces development of this property by using the existing driveway, by limiting the development of the number of lots, and by protecting the area of Chalker Mill Pond.
Joseph Wren, PE then presented for the applicant. He submitted for the record his report dated 9/4/07 in response to Geoffrey Jacobson’s report dated 7/30/07.
J. Wren discussed the issue of a dry hydrant versus a sprinkler. Commission members asked for clarification of this issue and for assurance by the Fire Chief or Fire Marshall that this be sufficient for safety. C. Nelson said the Land Use office received a memo from the Fire Marshall’s office dated 9/5/07 and that she would forward copies to the commission members for their review. In regard to fire safety, the issues of curve radius, driveway grade, difficulty of access to the property due to the driveway grade, and the weight capacity of the crossing for fire trucks were discussed. C. Nelson said she would get a letter from the Fire Marshall’s office confirming specifically what they’re looking for in terms of fire safety requirements for this property.
James W. Cahill, 62 Lynde Street, spoke about the history of the property and his purchase of the Merritt Lane subdivision in 1985. He discussed how he sold lots and built houses on that property in the 80’s and 90’s. He spoke about how years ago he approached the town about his concerns about right of way access. He is concerned about the town having physical access to its property. He explained that the right of way is for Mr. Ziegler’s property and not for the town’s use. Mr. Cahill proposed that the town purchase his right of way land and create a proper right of way.
R. McIntyre asked if anyone else from the public wanted to speak. Hearing that no one else was there to speak, he closed the public hearing.
R. McIntyre asked about the conservation easement. He said he would like to review it and C. Nelson said she would get him a copy for his review.
S. Aresco asked Atty Knapp about Mr. Cahill’s claim that the town does not have a right of way to its own property. Atty Knapp said the town does retain the ability to use its own land. The town can use its own property as long as it does not interfere with Mr. Ziegler’s right to use his land.
J. Gallicchio asked about the conservation restriction in that the land is not resubdividable. This was filed with the application. C. Nelson said she would send copies of this to the commission before the next meeting.
R. McIntyre suggested that since the commission members received many new documents to review at tonight’s meeting, that they review these documents and vote on the waivers at the next regularly scheduled meeting of the Planning Commission. All commission members agreed with this suggestion.
Atty Royston requested that the 8-24 referral be added as an agenda item. The commission agreed to that request.
MOTION to continue “Ziegler” Resubdivision of Land & Open Space (6.33 ac.) – 2 Lots (27.55 ac. total) E. of Ingham Hill Road; 1,500’ N. of Mill Rock Road (Map 52 / Lot 3-1), Residence AA-1 District, Applicant: Merritt Lane Holding, LLC, Agent: Joseph Wren, PE, until the next regularly scheduled meeting of the Planning Commission, Wednesday, September 19, 2007 at 7:30 p.m. at the Pasbeshauke Pavilion at Saybrook Point Park, 155 College Street Extension. MADE by J. Gallicchio. SECONDED by S. Aresco. VOTED IN FAVOR: R. McIntyre, J. Esty, S. Aresco, R. Tietjen, J. Gallicchio. OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.
V. OLD BUSINESS
VI. NEW BUSINESS
B. “Essex Glen” Residential Life Care Establishment
J. Gallicchio asked if the commission had received a letter regarding the “Essex Glen” proposal before. C. Nelson responded by saying that the commission did receive a letter from the Essex Zoning Commission, but at that time, the commission did not feel the need to respond.
There was discussion about the traffic study being conducted regarding this proposal, and members felt they would like to see the data from that study and then resume discussion on this matter.
C. Nelson will draft a memo which will be sent to the Essex Zoning Commission with a copy to CRERPA stating this commission’s concerns regarding increased traffic and traffic safety.
MOTION to send a memo as outlined by C. Nelson, Town Planner, to the Essex Zoning Commission as recommendations for “Essex Glen” Residential Life Care Establishment community site plan zone change. MADE by R. McIntyre. SECONDED by S. Aresco. VOTED IN FAVOR: R. McIntyre, J. Esty, S. Aresco, R. Tietjen, J. Gallicchio. OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.
VII. ADJOURNMENT
MOTION to adjourn meeting at 10:45 p.m. until the next regularly scheduled meeting on Wednesday, September 19, 2007 at 7:30 p.m. at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College Street Extension. MADE by S. Aresco. SECONDED by B. McIntyre. VOTED IN FAVOR: J. Gallicchio, S. Aresco, J. Esty, R. McIntyre, R. Tietjen. OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.
Respectfully Submitted,
Kathleen Noyes
Recording Clerk
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