REGULAR MEETING MINUTES
Wednesday, April 16, 2014 at 7:00 p.m.
Town Hall, 1st Floor Conference Room
302 Main Street, Old Saybrook
I. CALL TO ORDER
The Chairman called the meeting to order at 7:12 p.m.
II. ROLL CALL
Present: Janis Esty, Robert Missel, Cathryn Flanagan, Daniel Walden, Kathleen Sugland, Kenneth Soudan
Absent: Shearer, Urban
Staff: Christine Nelson
The Chairman seated Ms. Sugland to act in the absence of Dr. Shearer.
III. REGULAR BUSINESS
A. Minutes
MOTION to approve the Minutes of March 19, 2014 as presented; MADE by R. Missel; SECONDED by C. Flanagan; VOTED IN FAVOR: J. Esty, R. Missel, K. Flanagan, K. Sugland, D. Walden; OPPOSED: None; ABSTAINED: None;
APPROVED: 5-0-0.
B. Correspondence
MOTION to pay invoice #79197for $784.83 to Nathan Jacobson & Associates, Inc. dated 3/05/2014; MADE by D. Walden; SECONDED by K. Sugland; VOTED IN FAVOR J. Esty, R. Missel, K. Flanagan, K. Sugland, D. Walden; OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0.
MOTION to pay invoice #79199 for $399.61 to Nathan Jacobson & Associates, Inc. dated 3/05/2014; MADE by R. Missel; SECONDED by D. Walden; VOTED IN FAVOR J. Esty, R. Missel, K. Flanagan, K. Sugland, D. Walden; OPPOSED: None; ABSTAINED: None; APPROVED: 6-0-0.
MOTION to pay invoice #79349 for $2,044.77 to Nathan Jacobson & Associates, Inc. dated 4/01/2014; MADE by J. Esty; SECONDED by K. Sugland; VOTED IN FAVOR J. Esty, R. Missel, K. Flanagan, K. Sugland, D. Walden; OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0.
MOTION to pay invoice #79350 for $64.18 to Nathan Jacobson & Associates, Inc. dated 4/01/2014; MADE by R. Missel; SECONDED by D. Walden; VOTED IN FAVOR J. Esty, R. Missel, K. Flanagan, K. Sugland, D. Walden; OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0.
MOTION to pay invoice #35655 for $777.00 to Branse, Willis, & Knapp, LLC. dated 04/01/2014 for services rendered; MADE by J. Esty; SECONDED by C. Flanagan; VOTED IN FAVOR J. Esty, R. Missel, K. Flanagan, K. Sugland, D. Walden; OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0.
The Commission considered two memoranda from the Economic Development Commission.
- The first asked for referrals of Planning Commission matters that fall within the study area of Route 1 East to the Economic Development Commission for an advisory report to be considered by the Planning Commission in its decision-making; the Commission is happy to oblige the request.
- The second was a transmittal of the study report itself, as a proposal for formal adoption as a Town plan.
MOTION to undertake the process of amending the Town’s Plan of Conservation & Development to adopt “Mariner’s Way: Gateway to Connecticut River Recreation” as a new section; MADE by C. Flanagan; SECONDED by D. Walden; VOTED IN FAVOR J. Esty, R. Missel, K. Flanagan, K. Sugland, D. Walden; OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0.
C. Committee, Representative & Staff Reports
Mr. Missel reported that the Natural Hazard Mitigation Committee has concluded its charge. Ms. Nelson brought the Commission up-to-date on the progress of various municipal initiatives pursued by other Town non-regulatory agencies.
Ms. Nelson reported that the agenda does not include the continued matter of Discussion of Regional Issues raised by Lower Connecticut River Valley Regional Planning Commission to be addressed in update to Regional Plan of Conservation & Development. She spoke with the Region, which has put off its initiative to interview member towns indefinitely until they have staff available to do so.
MOTION to defer consideration of Discussion of Regional Issues until further notice is received from RiverRPC; MADE by D. Walden; SECONDED by C. Flanagan; VOTED IN FAVOR J. Esty, R. Missel, K. Flanagan, K. Sugland, D. Walden; OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0.
Mr. Soudan reported that the Planning & development Committee of the State Senate has proposed Senate Bill 405, entitled An Act Concerning Public Hearings on Subdivision Applications, to permit a planning commission to conduct a public hearing on a subdivision proposal only when such proposal does not comply with subdivision regulations. More accurately, the text of the bill is a prohibition:
“The commission [may] shall not hold a public hearing regarding any subdivision proposal [if, in its judgment, the specific circumstances require such action] and shall approve any such proposal that complies with the regulations.” The Commission stated that typically it does not hold a public hearing of a proposed subdivision of land if less than 10 lots are proposed. The Commission discussed its occasional reliance on the existing language to exercise its judgment as to when it might hold a formal public hearing of a proposed subdivision regardless of magnitude. The Town Planner stated that the forum of a public hearing serves to guide an exchange of information between the developer and the town so that the Commission may make informed decision in acting on any
proposal, including information necessary to determine if there is non-compliance. There was consensus that the Old Saybrook Planning Commission would prefer to retain its ability to do so under the current enabling legislation as authorized under its local Subdivision Regulations.
MOTION to formally object to the Connecticut General Assembly’s enactment of S.B. 405 AAC Public Hearings on Subdivision Applications and to the Governor’s signing of the same; MADE by J. Esty; SECONDED by R. Missel; VOTED IN FAVOR J. Esty, R. Missel, K. Flanagan, K. Sugland, D. Walden; OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0.
IV. OLD BUSINESS
A. “Max’s Place” Resubdivision of Land – Center Road West
Petitioner: Ron Lyman Agent: David M. Royston, Esq.
Portion of Center Road West; Gateway Business B-4 District, Pedestrian Node
(Map 25 / Lots 29, 32, 32-1 and Map 26 / Lots 6-10, 6-11, 6-12)
Dr. Flanagan recused herself from the matter.
The Commission considered the report of the Town Engineer.
MOTION to reduce the original bond of $284,200 to $142,100 with 10% contingency per the report of the Town Engineer; MADE by R. Missel; SECONDED by J. Esty; VOTED IN FAVOR J. Esty, R. Missel, K. Sugland, D. Walden; OPPOSED: None; ABSTAINED: None; APPROVED: 4-0-0.
B. “Sorensen” Subdivision of Land – 2 Lots (11.92 ac.)
430 Middlesex Turnpike (Map 57 / Lot 41)
Gateway Business B-4 District, Residence AA-1 District, Coastal Mgmt. Area Zone
Applicant: Robert C. Sorensen, owner Agent: Joe Wren, P.E.
The Commission considered a request from Indigo Land Designs to extend the time for which it may file the mylar of the approved plan with the Town.
MOTION to extend the period in which the developer is required to file the approved “Sorenson” Subdivision of Land with the Office of the Town Clerk to no later than May 31, 2014; MADE by C. Flanagan; SECONDED by K. Sugland; VOTED IN FAVOR J. Esty, R. Missel, C. Flanagan; K. Sugland, D. Walden; OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0.
V. NEW BUSINESS
A. The Natural Hazard Mitigation Plan
Mr. Missel presented the final draft Plan as prepared by the Lower Connecticut River Valley Council of Governments, reviewed by the Connecticut Department of Energy & Environmental Protection, and approved by the Federal Emergency Management Agency. He and other members of the Planning Commission, who served on its Committee since 2011, recounted the unexpectedly long process of preparation with many thanks to each of the members of partners agencies (Zoning Commission, Conservation Commission, Board of Selectmen and Board of Finance), the Land Use Department and the Connecticut Chapter of The Nature Conservancy.
MOTION to accept and adopt the final FEMA-approved draft of the “Town of Old Saybrook & Borough of Fenwick Natural Hazards Mitigation Plan Update (2014); MADE by D. Walden; SECONDED by C. Flanagan; VOTED IN FAVOR J. Esty, R. Missel, K. Flanagan, K. Sugland, D. Walden; OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0.
MOTION to recommend to the Board of Selectmen to adopt the final FEMA-approved draft of the “Town of Old Saybrook & Borough of Fenwick Natural Hazards Mitigation Plan Update (2014) and send to Town Meeting for ratification; MADE by D. Walden; SECONDED by C. Flanagan; VOTED IN FAVOR J. Esty, R. Missel, K. Flanagan, K. Sugland, D. Walden; OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0.
VI. WORKSHOP
A. “Scenic Roads” section of the Plan of Conservation & Development
The Commission decided to undertake the process of amending the Town’s Plan of Conservation & Development to adopt as a new section “Scenic Roads: A Corridor Management Plan for local and State scenic roads in Old Saybrook” in tandem with the process to adopt “Mariner’s Way: Gateway to Connecticut River Recreation” as a new section. The Commission asked that the referrals for comment include a request for other agencies to weigh-in on action items for which they would like to take the lead in implementing.
VII. ADJOURNMENT
MOTION to adjourn the meeting at 8:17 p.m. until the next regularly scheduled meeting of the Planning Commission on May 7, 2014, at 7:00 p.m., 302 Main Street, Town Hall, 1st Floor Conference Room; MADE: by D. Walden; SECONDED: by K. Sugland; VOTED IN FAVOR J. Esty, R. Missel, K. Flanagan, K. Sugland, D. Walden; OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0.
Respectfully submitted,
Christine Nelson, Town Planner
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