PLANNING COMMISSION
MEETING MINUTES
Wednesday, October 3, 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 Salvatore Aresco, Reg. Member
Judith Gallicchio, Vice Chairman James Conroy, Alternate
Janis Esty, Regular Member William Voigt, Alternate Richard Tietjen, Regular Member
Attendant Staff
Christine Nelson, Town Planner
Kathy Noyes, Recording Clerk
III. REGULAR BUSINESS
A. Minutes
MOTION to approve the minutes of September 5, 2007 as presented. MADE By J. Gallicchio. SECONDED by R. Tietjen. VOTED IN FAVOR: R. McIntyre, J. Esty, J. Gallicchio, R. Tietjen, OPPOSED: none; ABSTAINED: none; APPROVED: 4-0-0.
B. Correspondence
Members’ packets contain the following: minutes from the Zoning Commission, Architectural Review Board and Conservation Commission, a bill from Branse, Willis & Knapp dated 9/1/07, a copy of the town budget dated 8/31/07, a letter from the CT Water Company dated 9/17/07 re: public water supply aquifer area project notification, and a letter from HOPE Partnership, Inc. re: a tour on October 4, 2007.
MOTION to pay statement # 16407 from Branse, Willis & Knapp dated 9/1/07 for $855.50 . MADE By J. Gallicchio. SECONDED by J. Esty. VOTED IN FAVOR: R. McIntyre, J. Esty, J. Gallicchio, R. Tietjen OPPOSED: none; ABSTAINED: none; APPROVED: 4-0-0.
C. Committee, Representative & Staff Reports
C. Nelson notified the commission that agendas for the town’s boards and commissions are now available by subscribing on line to the town’s website, and she encouraged members to sign up for automatic delivery if they haven’t already.
C. Nelson reported that HOPE the organization for locating affordable and attainable housing is having a meeting tomorrow (10/4/07), and she encouraged commission members to attend if possible.
R. Tietjen had nothing new to report from CRERPA.
J. Gallicchio reported the road regulations are being worked on.
B. McIntyre had nothing new to report from IWWC.
C. Nelson talked about the Design Excellence Awards for 2002-2007.
C. Nelson stated she is working with the Conservation Commission on a self-guided tour map that will be available at the town’s information booth, as well as some other locations around town.
C. Nelson also reported that Founders Park is being constructed with designs for natural plantings and a trail between the park and the head of Main Street.
C. Nelson informed the commission that the Zoning Commission is working to update their Aquifer Protection Plan.
C. Nelson is working with different departments on a Natural Hazard Mitigation Plan. This will be the subject of the next quarterly meeting. She asked that commission member review the Natural Hazard Mitigation Plan before this meeting.
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.
In their packets, members received a review letter from Donn Dobson, Fire Marshal dated 8/8/07, an exhibit list from the PC recording clerk, a letter from Eric Knapp, Esq., dated 9/6/07, a memo from Donn Dobson dated 9/19/07, a copy of Waiver Requests 5.2.4 Lot Frontage and 6.9.4 Shared Driveway, a copy of Purpose of Disposition of Open Space, a copy of the Conservation and Easement Restriction, a water and sewer report, a response to comments from Joe Wren dated 9/4/07 and a memo from Scott Martinson, MS, RS dated 9/24/07.
At tonight’s meeting, commission members received a second engineering review from Geoffrey Jacobson, PE to C. Nelson dated 9/26/07.
Attorney David Royston presented for the applicant. He told the commission how the applicant has responded to the suggestions made by Atty. Knapp, and how those documents have been submitted.
Atty. Royston addressed the fire safety issues by stating that the town’s aerial fire truck did an actual test drive on the right of way. The Fire Marshal suggested within the right of way that certain trees needed to be cut or trimmed. Also, Atty. Royston discussed a sprinkler system versus a water tank. It was decided that a 10,000 gallon water tank be placed at the intersection of the 2 driveways. Atty. Royston addressed the commission’s concerns by stating that the location and size of the fire tank could be a condition of approval.
Atty. Royston notified the commission that Joe Wren, PE, was unable to attend tonight’s meeting, but had nothing new to add as no map changes had been required since the last public hearing.
In response to J. Gallicchio’s question from the last meeting, Atty. Royston responded to the issue of the northerly lot line of lot 2. He said the Ziegler’s had wanted to keep that part of the land that was on their own lot, but they would be willing to have the application modified and approved to that extent instead of a revised plan if that was an important consideration for the commission. He would extend the westerly line of lot 2 and add 128’ so its northerly line would be coterminous with the property line.
Atty. Royston, submitted for the record, a shared driveway specimen deed dated 10/3/07. He noted that the copy of the conservation restriction does contain an additional section V. prohibition against further resubdivision which is voluntary by the applicant. There will be no more than 2 residential building
lots.
Atty. Royston emphasized that the applicant is requesting 3 waivers: to use the Zoning Commission’s definition of “frontage”, allowing frontage on the right of way, that the access to the lots not be over frontage (Ingham Hill Road), and for grade access of the shared driveway. He also noted that since 4 out of 5 of the commission members were present at tonight’s meeting, and that the waivers need to be approved in order for the resubdivision to proceed, that commission members discuss approval of these waivers, and if they decide not to approve them, that the matter be continued until the next regularly scheduled meeting of the planning commission when all 5 members would be present to vote on the waivers.
B. McIntyre asked if anyone from the public wished to speak, and James Cahill of 62 Lynde Street, who is an abutting property owner of the town of Old Saybrook, presented to the commission his packet of materials which were all submitted for the record. He discussed the history of the property, and his concerns about the public right of way access to this property. He stated that the concerns about the grade would be eliminated if the town were to purchase his road, and improve the right of way, that the town would then have access to its own property.
B. McIntyre asked if anyone else from the public wished to speak, and hearing no one, he closed the public hearing.
MOTION to close the public hearing for “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, MADE by J. Gallicchio. SECONDED by J. Esty. VOTED IN FAVOR: R. McIntyre, J. Esty, R. Tietjen, J. Gallicchio. OPPOSED: none; ABSTAINED: none;
APPROVED: 4-0-0.
Atty. Royston asked for the opportunity to respond to Mr. Cahill’s comments. He said that the grade issues would still be present even if the town purchased Mr. Cahill’s property. He also stated that the town’s deed is subject to the rights of Mr. Ziegler and Mr. Cahill’s right of way. The private road of Merritt Lane is interior, and he referred to Atty. Knapp’s comment that as long as the access is not prohibitive, the town can do what it deems appropriate to this access way.
B. McIntyre suggested, and all commission members concurred, that the commission would not decide on the waiver requests tonight, but that they would wait until the public hearing was closed.
MOTION to continue discussion of “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, October 17, 207 MADE by J. Gallicchio. SECONDED by J. Esty VOTED IN FAVOR: R. McIntyre, J. Esty, R. Tietjen, J. Gallicchio.
OPPOSED: none; ABSTAINED: none; APPROVED: 4-0-0.
V. OLD BUSINESS
VI. NEW BUSINESS
A. “Spera” Subdivision of Land – 2 Lots (23.07 ac. total)
SW. side of Bokum Rd.; 530’+ of Bokum Rd (M61 / L2) Res .AAA District
Applicant: Michael & Maleana Spera, Owners Agent: Christina Burnham, Esq.
In their packets, commission members received a memo from S. Aresco dated 9/19/07 with an attached application for subdivision dated 9/17/07, and a map and plans from Milone & MacBroom dated 8/30/07.
At tonight’s meeting, commission members were given: an administrative & design review from C. Nelson to R. McIntyre dated 2/1/07, a memo from the Board of Selectmen to R. McIntyre dated 10/3/07, and a letter from Donn Dobson, Fire Marshal dated 10/1/07.
Attorney C. Burnham presented for the applicant.
C. Burnham presented a map to the commission explaining the history of the property and that the planning commission had approved a lot line revision of this property in July 2007 when it was owned by Claudia Way.
Because the property is landlocked and it has a deeded right of way over the property of Diane Leighton, future further development is very unlikely. At this time, the property can only be subdivided into 2 lots. Lots 1 & 2 would have shared access to Woods Road.
C. Burnham submitted a map dated 7/13/07 by Donald Carlson, Surveyor and explained that the property does have some wetlands connected to it. The applicant has already appeared before the IWWC and access was approved.
Atty. Burnham submitted for the record a Warranty Deed and a Declaration of Easements and Driveway Maintenance Agreement.
Atty. Burnham requested that the commission approve waivers for frontage requirements unless the commission accepts the Zoning Commission’s definition of “frontage”, and she asked that the shared driveway waiver request be approved also. She explained that the existing driveway is not paved and paving it would be disturbing to the ecology because of the wetlands and the topography, thus it would be beneficial to leave it as a gravel driveway. She also stated that the gravel driveway is sufficient for access for the 2 houses and for CL&P access.
Atty. Burnham explained that the other waiver is to request a fee in lieu of open space. The main reason for this is because the proposed use of the property, the one house on the smaller lot and the horses on the larger lot, will preserve open space, protect aquifers and topography, and the property will not be further re-subdivided.
B. McIntyre asked about the possibility of the property becoming commercial usage because of the horses and the idea of boarding the horses, etc., and Atty. Burnham responded the development is for the one family and would not be commercial.
Cal Caldarella, builder, spoke to the commission about the driveway grade and gravel versus paving. He said he may be able to minimize the grade to 10% or 11% and that he thought the gravel would be fine.
C. Nelson added that the Fire Marshal felt the grade was acceptable and that more specific permitting might be required.
J. Gallicchio raised concerns about the number of lots and suggested that more investigating needs to be done and that the applicant may need to request another waiver.
Atty. Burnham said she would bring a wetlands map of the property to the next Planning Commission meeting on October 17, 2007.
Commission members agreed to individually drive to the property to look at the shared driveway before their next meeting
C. Nelson and commission members had a discussion about the definition of “frontage” under the subdivision regulations versus the zoning regulations.
MOTION to continue “Spera” Subdivision of Land - 2 Lots (23.07 ac. total) SW. of Bokum Road; 530’ + of Bokum Road (Map 61 / Lot 2), Residence AAA District, Applicant: Michael and Maleana Spera, Owners, Agent: Christina Burnham, Esq. until the next regularly scheduled meeting of the Planning Commission, Wednesday, October 17, 2007, MADE by J. Gallicchio. SECONDED by J. Esty. VOTED IN FAVOR: R. McIntyre, J. Esty, R. Tietjen, J. Gallicchio. OPPOSED: none; ABSTAINED: none; APPROVED: 4-0-0.
VII. WORKSHOP
A. Road Regulations
J. Gallicchio, who is a member of the Road Regulations Committee, spoke about bonding. She reported that the committee has been discussing road regulations and subdivision regulations and the kind of bond allowed for building roadways.
She stated the two main issues are: 1: our subdivision regulations need to be changed to change the types of bonds allowed and how they are computed, possibly adding restoration bonds, and 2. the issue of allowing a small developer to build part of a road and then be able to start bonding from that point on instead of paying up front, then building the road, and then getting some of the money back.
VIII. ADJOURNMENT
MOTION to adjourn meeting at 10:40 p.m. until the next regularly scheduled meeting on Wednesday, October 17, 2007 at 7:30 p.m. at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College Street Extension. MADE by J. Gallicchio. SECONDED by J. Esty. VOTED IN FAVOR: J. Gallicchio, J. Esty, R. McIntyre, R.. Tietjen. OPPOSED: none; ABSTAINED: none; APPROVED: 4-0-0
Respectfully Submitted,
Kathleen Noyes
Recording Clerk
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