MINUTES
Wednesday, April 20 2011 at 7:30 p.m.
1st Floor Conference Room
Town Hall, 302 Main Street
I. CALL TO ORDER
Chairman, Robert McIntyre, called the regular meeting to order at 7:32 p.m.
II. ROLL CALL
Members Present
Robert McIntyre, Chairman
Salvatore Aresco, Secretary
Robert Missel, Regular Member
Cathryn Flanagan, Alternate seated for Donald Ranaudo
Members Absent
Donald Ranaudo, Regular Member
Janis Esty, Vice Chairman
Richard Sullivan, Jr., Alternate Member
Cameron Evangelisti, Alternate Member
Staff Present
Christine Nelson, Town Planner
Joanne Rynecki, Clerk
III. REGULAR BUSINESS
A. Minutes
MOTION to approve the minutes from April 6, 2011; MADE by R. Missel; SECONDED by C. Flanagan; NO DISCUSSION. VOTED IN FAVOR: R. McIntyre, C. Flanagan, R. Missel; OPPOSED: none; ABSTAINED: S. Aresco. APPROVED: 3-0-1.
B. Correspondence
MOTION to pay invoice #73826 in the amount of $41.28 to Nathan L. Jacobson & Assoc and invoice #27583 in the amount of $348.00 to Branse, Willis & Knap, LLC; MADE by R. Missel; SECONDED by C. Flanagan ; NO DISCUSSION. VOTED IN FAVOR: R. McIntyre, S. Aresco, C. Flanagan, R. Missel; OPPOSED: none; ABSTAINED: none. APPROVED: 4-0-0.
C. Committee, Representative & Staff Reports
Ms. Nelson is working on an analysis of the Gateway Node identified in the Yale Study of the Boston Post Road, which is at the intersection of Spencer Plain Road with Route 1.
IV. PUBLIC HEARINGS
A. “Thadeus II, LLC” Re-subdivision/CSP - 2 Lots (1.63 ac. total)
25 Riverside Avenue (Map 59/ Lot 88-2) Residence A District, CM Zone
Applicant: Thadeus II, LLC, Owner Agent: Fern Tremblay, P.E.
The Chairman opened the public hearing. Mr. MacDonald, land surveyor representing the applicant, presented the details of the re-subdivision application. Mr. MacDonald distributed copies of the revised plans, dated March 30, 2011, in response to comments from the Zoning Enforcement Officer. Mr. MacDonald presented to the Commission that the CT River Area Health District and the Office of Long Island Sound Programs reported that the application. This property is in the Gateway Conservation Zone; there is no proposed construction or clearing of the land at this time, and there are no view easements associated with this property. The property is outside the flood hazard area.
Ms. Nelson read a letter from the Commission’s consulting attorney, Branse, Willis & Knapp, which reminded the applicant that they may need to come back for a Special Exception approval depending on the size of any buildings to be constructed or expanded.
Chairman McIntyre opened the public portion of the Public Hearing; no one from the public spoke; the Chairman closed the public portion of the Public Hearing. Chairman McIntyre allowed questions from the members; there were none; the Commission closed the Public Hearing.
MOTION to approve the re-subdivision and coastal site plan of 25 Riverside Avenue, Map 59/Lot 88-2, Thadeus II, LLC; MADE by R. McIntyre; SECONDED by C. Flanagan ; NO DISCUSSION. VOTED IN FAVOR: R. McIntyre, S. Aresco, C. Flanagan, R. Missel; OPPOSED: none; ABSTAINED: none; APPROVED: 4-0-0.
V. REFERRALS
A. Modification of “Van Wilgen Garden Center” Spec. Ex. & CSP for Garden Ctr.
1654 Boston Post Road (Map 26 /Lot 39) Gateway B-4 District, CM Zone, Pedestrian Node
Petitioner: William Van Wilgen, Tenant
Robert Criscuolo, engineer, presented a proposal to install a 6’ x 11’ “check out booth” to house the cash register for the existing seasonal greenhouse business. The structure is temporary and will be removed when the business is not operational during the winter season. There will be no adverse impacts to the adjacent properties or coastal areas.
MOTION to send a favorable recommendation to the Zoning Commission for Van Wilgen Garden Center special exception & CSP for a garden center located at 1654 Boston Post Road, Map 26/Lot 39 as it is not inconsistent with any Town plans; MADE by R. McIntyre; SECONDED by S. Aresco ; NO DISCUSSION. VOTED IN FAVOR: R. McIntyre, S. Aresco, C. Flanagan, R. Missel; OPPOSED: none; ABSTAINED: none; APPROVED: 4-0-0.
MOTION to move Item V. B. to Item VIII. A.; MADE by R. McIntyre; SECONDED by R. Missel ; NO DISCUSSION. VOTED IN FAVOR: R. McIntyre, S. Aresco, C. Flanagan, R. Missel; OPPOSED: none; ABSTAINED: none; APPROVED: 4-0-0.
VI. OLD BUSINESS
None.
VII. NEW BUSINESS
A. “Ziegler” Resubdivision – Violation of Conservation Easement
10 Merritt Lane (Map 52 / Lot 3-3) Residence AA-1 District
Owner: Bryan & Erin Ambrosino
Ms. Nelson reported that Mr. Ambrosino contacted the Land Use Department to report an encroachment on his vacant property and the cutting and removal of trees; he also contacted the local police. Ms. Nelson distributed an inspection report prepared by her and Mr. Prisloe, Environmental Planner, with photos and a copy of the police report attached. Ms. Nelson advised the Commission that, under the provisions of the Conservation Easement and Restrictions filed on the land records, the Commission must determine whether there is a violation, whether it ought to issue an order to cease and desist activities in violation or to prevent further violation, and whether restoration is required.
Mr. Ambrosino introduced himself and his wife, and described the circumstances under which she discovered the situation. He stated that approximately 12 of the larger trees within that portion of his property that lies within the conservation easement were taken down yet the tops remain. Trees were also taken down on the adjacent property owned by the Zeiglers, although outside the conservation easement area on their property. There were heavy-duty tire tracks along the existing cart path that runs between the two properties. Mr. Ambrosino referred to that portion of the police report in which Mrs. Zeiglers states that her husband had been cutting trees on their property himself, but that she had no knowledge of cutting on the Ambrosino property. Mr. Ambrosino stated that he would like to
have the remaining materials cleared up from the property, but would not like to be burdened with the cost of restoration; if that is the outcome, then he will pursue this as a civil matter with whoever is responsible for the damage.
Ms. Nelson explained the range of typical restoration plans for this degree of violation. She summarized that, although this is an egregious act, the damage is relatively contained – the tree canopy is mostly intact, there are younger trees that will grow to fill in those that were cut, and the tree limbs and branches that are on the ground may be left for a natural habitat or cut up for use by the homeowners. Mr. Aresco pointed out that these activities are specifically allowed by the provisions of the conservation easement.
The members agree that the property owner is not to blame for this violation. The property owner has agreed to clean up the debris by chopping it up and removing it from the property and installing a gate across the dirt road to prevent future trespassing.
MOTION to allow the restoration of the violation by the property owner by chopping up the debris and removing it from the property or allowing it to be left on the site as a natural habitat ; MADE by R. McIntyre; SECONDED by C. Flanagan; NO DISCUSSION. VOTED IN FAVOR: R. McIntyre, S. Aresco, C. Flanagan, R. Missel; OPPOSED: none; ABSTAINED: none; APPROVED: 4-0-0.
VIII. REFERRAL
Criteria for “Consolidation of Regional Planning Agencies”
Members packets contained information regarding the proposed consolidation of the Midstate and Connecticut River Estuary regional planning agencies. Ms. Nelson explained how the agency, on behalf of the 9 member towns, provides planning services to the Connecticut River Gateway Conservation Commission, the Connecticut River Estuary Metropolitan Planning Organization, the Lower Connecticut River & Coastal Region Land Trust Exchange, the 17-town Lower Connecticut Valley Council of Elected Officials, and previously, the Estuary Transit District. The elected officials in 17 surrounding towns, which include towns to the north in the Midstate regional planning agency and our CRERPA, make up the Lower Connecticut Valley Council of Elected Officials. These elected officials are proposing to combine in
response to the state’s request to consolidate regional planning agencies. Selectmen Pace would like the Planning Commission to review the information, consider the options, and report back to the Board of Selectmen.
The Commission agreed to review the materials that had been provided to them in their packets in preparation for consideration of this topic so that they may discuss it in detail at the next meeting. Ms. Nelson stated that CRERPA would be willing to come make a presentation of the proposal.
VIII. ADJOURNMENT
MOTION to adjourn the meeting at 9:05 p.m. until the next Regularly Scheduled Meeting of the Planning Commission scheduled for, Wednesday, May 4, 2011 in the Old Saybrook Town Hall First Floor Conference Room 302 Main Street.; MADE by R. McIntyre; SECONDED by S. Aresco; VOTED IN FAVOR: R. McIntyre, S. Aresco, C. Flanagan, R. Missel; OPPOSED: none; ABSTAINED: none.; APPROVED: 4-0-0.
Respectfully Submitted,
Joanne Rynecki, Planning Clerk
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