Skip Navigation
This table is used for column layout.
PC 101707.Minutes



PLANNING COMMISSION
MEETING MINUTES
Wednesday, October 17, 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 October 3, 2007 with the following amendments: on page 4, change the third sentence paragraph to read, “B. McIntyre asked if anyone else from the public wished to speak, and there was no one.”, and the motion on page 4 closing the public hearing, should be moved to the bottom of page 4 so it is right before the next motion continuing discussion of “Ziegler” to the next regularly scheduled meeting. MADE By B. McIntyre. SECONDED by J. Gallicchio.  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 Historic District Commission, a copy of the Planning Commission’s budget dated 10/1/07, information on the First Annual Statewide Smart Growth Conference on 11/14/07 and, a newsletter from the DEP.    

C.      Committee, Representative & Staff Reports
C. Nelson reported that there is a national model ordinance to reduce light pollution, and Dark Skies International is working with the ARB and Zoning Commission to reduce light pollution in Old Saybrook.

The Conservation Commission has designed a flyer and is designing signs for the National Heritage Tour.

The Zoning Commission is updating aquifer regulations.

C. Nelson asked R. McIntyre to sign a lot line change for property of David Genovali, 4 James Court & 61 River Street (Map 49 / Lots 28 & 30-16), Agent: Robert L. Doane, Jr., P.E. & L.S. C. Nelson noted that the lot line change had been approved by the Zoning Enforcement Officer, the Building Inspector and the Health District. R. McIntyre received a memo at tonight’s meeting from C. Costa, Enforcement Officer dated 4/13/07. R. McIntyre did sign in the signature block on the map.             
MOTION to amend the agenda to remove “Ziegler” Resubdivision of Land and Open Space (6.33 ac.) – 2 Lots (27.55 ac. total) E. of Ingham Hill Rd.; 1,500’ N. of Mill Rock Rd.; (M52 / L3-1) Res. AA-1 District , Applicant: Merritt Lane Holding, LLC, Agent: Joseph Wren, P.C.from “ IV. Public Hearings”, and to remove “Spera” Subdivision of Land - 2 Lots (23.07 ac. total) SW. side of Bokum Road; 530’ +  of Bokum Road (Map 61 / Lot 2), Residence AAA District, Applicant: Michael and Maleana Spera, Owners, Agent: Christina Burnham, Esq, from “ VI. New Business”, and to move both agenda items to “V. Old Business”. MADE  by J. Gallicchio. SECONDED by R. McIntyre.  VOTED IN FAVOR:  R. McIntyre, J. Esty, R. Tietjen, J. Gallicchio. OPPOSED: none; ABSTAINED: none; APPROVED: 4-0-0.

IV.     PUBLIC HEARINGS

                None

V.      OLD BUSINESS

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 copies of the materials submitted for the record by James Cahill at the last Planning Commission meeting (10/3/07).

At tonight’s meeting, members received a copy of a letter from town attorney, Michael Cronin, dated 10/12/07 regarding conservation easement restrictions for “Ziegler”.

B. McIntyre began by discussing the waivers requested by the applicant. He began with waiver request 5.2.4 Lot Frontage. B. McIntyre said he found the applicant had stated his case per 3.4 of the Subdivision Regulations.

        MOTION to grant a waiver of Section 5.2.4 Lot Frontage 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, for the reasons noted in the request by the applicant and discussion by the Planning Commission 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.

The Commission  next discussed waiver request 6.9.4 Shared Driveway. R. McIntyre said he found, for the reasons stated in the waiver request, that the requirements of Section 3.4 of the Subdivision Regulations had been met. Because the existing road will be used by only 2 lots, there will not be a significant amount of traffic. R. McIntyre also stated that he was satisfied that the requirements of the fire department have been met regarding safety and fire department response.

        MOTION to grant a waiver of Section 6.9.4 Shared Driveway 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, for the reasons discussed and that the requirements of 3.4 of the Subdivision Regulations have been met. 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.

The Commission next discussed waiver request 5.2.6 Lot Access/Driveways. R. McIntyre read aloud from the applicant’s waiver request. He then asked C. Nelson about the Conservation Easement. He said he found the waiver request meets the requirements of Section 3.4 of the Subdivision Regulations and would not be in conflict with parts A. through E. of Section 3.4.

        MOTION to grant a waiver of Section 5.2.6 Lot Access/Driveways 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, as requested by the applicant. 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.

R. McIntyre asked the Commission to discuss the various concerns of this project before making a decision about whether or not to approve the resubdivision. Drainage issues, flood control, the shape of the lot, utilities, the adding of a stop sign at the end of the driveway, culverts, tree cutting as per the recommendation of the Fire Marshal, movement of the driveway easement, and open space were all addressed.

Commission members then agreed that they would like the Town Planner to write a resolution for the Commission to review before they voted on this resubdivision.

        MOTION to continue deliberation 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, to the next regularly scheduled meeting of the Planning Commission, Wednesday, November 7, 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.

         B.     “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.

At tonight’s meeting, members received a letter from Robert Fish, Chairman, Conservation Commission to R. McIntyre dated 10/16/07.

Attorney C. Burnham submitted photographs of the property and the existing driveway, and she presented Commission members with a subdivision map of the property.

Atty. Burnham reviewed the proposal and addressed concerns of the Commission from the last meeting, particularly the concern of possible future development of the property.

There was discussion about the wetlands and regulations between commissions and state statutes. Atty. Burnham stated that horse grazing is a non-regulated use of wetlands under state statute.

C. Nelson requested that Atty. Burnham present information at the next meeting regarding line of sight.

There was discussion about open space versus fee in lieu of open space. The applicant would like to request to pay a fee in lieu of open space instead of  giving land as open space. C. Nelson and the Commission asked Atty. Burnham if she could bring to the next meeting an estimate of the value of the land in order to provide the Commission with an idea of the amount of money the town would receive for a fee in lieu of open space. Also, the Commission would like to see a map of the property with the percentage of wetlands.

        MOTION to deny request for waiver 4.3.3.1 Subdivision Titling for “Spera” Subdivision of Land - 2 Lots (23.07 ac. total) SW. side of Bokum Road; 530’ +  of Bokum Road (Map 61 / Lot 2), Residence AAA District, Applicant: Michael and Maleana Spera, Owners, Agent: Christina Burnham, Esquire. 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.

        MOTION to grant request for waiver 5.2.4 Lot Frontage for “Spera” Subdivision of Land - 2 Lots (23.07 ac. total) SW. side of Bokum Road; 530’ +  of Bokum Road (Map 61 / Lot 2), Residence AAA District, Applicant: Michael and Maleana Spera, Owners, Agent: Christina Burnham, Esq. as there are no adverse items for Section 3.4. 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.

        MOTION to grant request for waiver 6.9.4a Shared Driveway for “Spera” Subdivision of Land - 2 Lots (23.07 ac. total) SW. side of Bokum Road; 530’ +  of Bokum Road (Map 61 / Lot 2), Residence AAA District, Applicant: Michael and Maleana Spera, Owners, Agent: Christina Burnham, Esq., which would require paving width of a minimum of 15 feet. 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.
        
The Commission decided to wait on voting on Waiver request 5.8 Open Space until they know the value of the land.


        MOTION to continue “Spera” Subdivision of Land - 2 Lots (23.07 ac. total) SW. side 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, November 7, 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.

VI.              NEW BUSINESS

                  None

VII.             ADJOURNMENT

MOTION to adjourn meeting at 10:35 p.m. until the next regularly scheduled meeting on Wednesday, November 7, 2007 at 7:30 p.m. at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College Street Extension.  MADE by R. Tietjen. SECONDED by J. Gallicchio.  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