Conservation Commission Meeting
Old Lyme Town Hall
January 6, 2010, 7:30 pm
Members: Ted Crosby (ex-officio representing Gateway Commission)
Taffy Holland
George James
Linda Krulikowski
David McCulloch
Tom Sherer
Michael Sullivan
Attending: Taffy Holland, George James, Linda Krulikowski, David McCulloch, Tom Sherer, Michael Sullivan
- Approve Minutes of Past Meetings
The group unanimously approved the minutes of November 4, 2009. Taffy will send a final.
No minutes were recorded for the December 2009 meeting.
The group unanimously voted George James chairman of the committee. The also voted Taffy Holland recording secretary.
George said there is a small amount of money available for the commission, and the selectmen would like us to be frugal.
George gave a brief description of the separation of the Conservation Commission from Inland Wetlands in 2004, and read us a description of the mandate of the commission. We are to look over the Town’s resources and to manage and preserve them. George read members the job description from the Conservation Commission charter.
When a proposal comes from Open Space the Conservation Commission discusses it and makes recommendations to Planning. When the proposal returns to the commission they send their resolution to the selectmen and to the Board of Finance if funding is needed.
- Calendar of Meetings – Reminder to be Sworn in
George reminded members to be sworn in by the Town Clerk.
Proposed 2010 Calendar: January 6 February 3
March 3 * April 7
May 5 June 2
July 7 Aug 4
September 1 October 6
November 3 December 1
*George will probably be in Florida
George gave us review of the Old Lyme Hills Subdivision property - composed of land from Old Lyme Heights, Clinton and Roach (Old Lyme Woods) land, and later some additional Clinton property. George asked the group to review his document in detail, and suggest additions or corrections, so that he can present it to Planning on January 14th.
The group discussed the sections of George’s report:
- Introduction: Add a simple map to help with the detailed explanations.
- Clear Cutting and Replanting: The plans show extensive clear cutting. The developer has clear cut excessively in the past. Tom said either Planning’s regulations are ambiguous or they don’t enforce their regulations. George said if a developer requests waiving a regulation, four Planning members must vote for the waiver. George will ask the town attorney what action the town can take if Planning ignores their own regulations. David said wetlands can require the developer to flag clearing areas.
- Open Space Plan: George said open space is to be used by the people. Bogs are for wetlands. People cannot use bogs. Wetlands should not be part of the designated open space, although it has been allowed.
- Noise and the Stone’s Ranch Demolition Area: George has a military study of noise at Stone’s Ranch. It was built as a simulated village to train soldiers to fight in a war with gunfire, explosions, and buildings blowing up. The military asked Old Lyme Heights if they would sell the property. They refused. They were warned about the noise. Linda said the proposed clear cutting would allow the sound to travel even more.
- George said he’ll give the military report to Ron Rose, who is in charge of the noise ordinance. Tom suggested the developer should be required to provide disclosure about the noise to prospective buyers.
- Also, several houses are located near the commercial kennel which can be a source of harmful noise.
- Traffic: Michael said a road must be 22’ wide to be accepted by the Town. It must allow for fire engines and buses. It must have two ends (accesses to other roads). George said he thinks Clinton sold the developer a right-of-way out, but that doesn’t qualify. There are severe line-of-sight problems exiting onto the Post Road. A planned rebuilding of a bridge will require closing the road, and make for even more traffic problems.
- Summary: Tom suggested it would be helpful to add a list of the items in violation of regulations, even though they’re covered in detail within the body of the document.
The members voted unanimously to approve the document with the suggested changes.
The final document is an addendum to these minutes.
George will find out if this was submitted.
- Open Space Commission Proposal
Open space proposed the following
- That Open Space (now a subcommittee of the Conservation Commission) should become an independent commission. George asked why? Do they feel they need more power? Michael suggested we invite Diana to come in and talk to us about it.
- That most of open space must be land (not wetlands) – although they have accepted a bog as open space, and that more than 50% of the open space be land.
- 2010 Action Plan Development
George asked the group to decide what we should focus on this year. At the next meeting we should review past activities. The POCD could use more about solar and pesticides. We should invite Monica Buccheri and Laurie Lewis to come to another meeting. They responded to our pesticide information and wanted to help inform people. They handed out leaflets on the Town Woods playing fields. They may be interested in becoming commission members.
Rogers Lake was one focus of 2009. George said they now have a company cutting and gathering weeds from the lake. He will send us the website describing the technology. They are also using benthic blankets – 20’ by 40’ – which are left down for about a month. They used them in the swimming area with success.
David gave George a printout about Diquat – proposed for poisoning the weeds. He said the report isn’t new, but does contain some human studies. He will look for more information, and consult a pesticide authority about diquat.
Michael attended an East Lyme meeting of people trying to prevent more cell towers in the town. The meeting included Andrea Stillman, a conservation attorney, several senators, and other knowledgeable people. He said this might be a good source of information and help. He said Greenwich and Hamden are also trying to prevent the towers. The cell phone companies are pushing for them under the guise of needing them for Amtrak. Three new towers are planned for Old Lyme. The state Siting authorities make the final decisions. Michael said they proposed putting one off shore. He said they’re unsightly and hazardous to birds. Also they’re lighted. There is alternate technology – a line of “whips” along the tracks, or a leaking conduit.
George asked it we want to take this on as a commission item for 2010.
Linda said she would like to join George in trails maintenance.
- George will make changes to the Old Lyme Hills Subdivision document approved by the commission.
George will find out if the end of year report was submitted.
Members will get sworn in.
David will follow up with more diquat information.
- George will send us the website describing the technology being used in Rogers Lake.
From: Old Lyme Conservation Commission
To: Members Old Lyme Planning Commission
Subject: Old Lyme Hills Subdivision
Date: January 6, 2010
This new development involves one of the last 100 acre parcels of undeveloped land in Old Lyme. Thirty-eight units are proposed on 128 acres of land located on the top of the hill next to Stone’s Ranch on the north and east and bordering Old Stagecoach Road on the west. Daniel Jones owns property to the south.
The entire parcel is currently heavily wooded. It is ideal habitat for a wide variety of birds and upland game. A stream crosses the property at the northeast corner and supplies one of the five main streams that feed Rogers Lake. A second stream emerges from a twenty acre wetland and flows south through the Jones property to the pond owned by William Ogle which in turn feeds Rogers Lake by way of an unnamed stream flowing under the Boston Post Road and under Grassy Hill Road. Finally, there is a dug fire pond centrally located on the property. Steep slopes are located next to Old Stagecoach Road and at the northeast corner of the property. The single entrance is up a cut in a steep embankment.
Background
In 1957 the Planning Commission at its request received land use recommendations from Technical Planning Associates, Inc. of New Haven, CT. This area was identified in the study as generally unsuitable for development because of steep slopes and wetlands. Instead it was recommended to be used as a park or playground. In a 1965 land use study done by the same group at the request of the Planning Commission, the area was identified as suitable for a future town forest. CRERPA in 1998 identified the area as part of the Old Lyme Greenway in the Open Space Plan adopted by the Planning Commission. The Open Space Committee received approval of a municipal grant from the State to acquire the 83 acre Schmidt parcel as open space shortly before it was purchased by Old Lyme Heights LLC. The Schmidt parcel was to be part of a town
forest as recommended by the various land use consultants. The Open Space Committee also actively sought the purchase of 40 acres from Mr. Clinton. He later sold it to Woods of Old Lyme LLC. The Open Space Committee also contacted Mrs. Roach to acquire her 14 acre parcel, but she sold the property to the Old Lyme Heights owners.
With these facts in mind the Conservation Commission carefully examined the plans for this proposed development. A number of concerns for the preservation of the town’s natural resources as well as a concern for health, well being, and safety of the prospective residents who eventually purchase the proposed 38 houses resulted from this examination.
Clear Cutting and Replanting
Drainage from this property impacts Rogers Lake. Major rain events in this area have in the recent past resulted in flooding which carries silt and a variety of chemicals into the lake. Any additional run- off during the construction phase of this development can only add to concerns for the water quality of the lake. This is the town’s number one natural resource and deserves special consideration by the Planning Commission. Of special concern is run-off of lawn chemicals and fertilizers that increase phosphorous loading contributing to the lake’s already serious weed problem.
If we may judge by the development owned by Dr. Awwa and the development owned by ARIA LLC, developers resort to extensive clear cutting to reduce costs. This practice results in far greater run-off than a more selective cutting plan. A review of the plans for the Old Lyme Hills development show clear cutting of a significant part of the 128 timbered acres. This reduction in forest has an impact on the entire town. Every year, on average, one acre of trees removes 6 tons of carbon dioxide and supplies 4 tons of oxygen. A network of roads as well the clearing of home sites, garage sites, driveways, lawns, septic systems, and drainage control systems- all apparently will be clear cut under the present plans. No specimen trees are identified for retention as called for in subdivision regulation 4.4.3 j and no detailed
cutting plan is provided. Regulation 4.4.5d (.2) states that, “natural vegetation SHALL be retained and protected wherever feasible.” Regulation 4.4.4 continues, “The applicant SHALL demonstrate that impervious surfaces have been reduced to the greatest extent possible and that site disturbance will be the minimum necessary for the proposed project while maintaining as much natural, undisturbed vegetation on the site as possible.” There is no detailed cutting plan and there is no replanting plan included in the application. There is no mention of the planting of street trees as called for in regulation 5.16.3.
The Conservation Commission strongly recommends that the Planning Commission - as called for in the subdivision regulations - require the applicants to:
- identify specimen trees for preservation
- submit a far more accurate cutting plan for each lot in order to avoid clear cutting to the greatest extent possible, especially those lots located next to the entrance (lots 1, 38, 37, and 36) and those located in the northeast corner of the property
- submit a replanting (street tree) plan to replace at least some of the trees that will be cut on the 128 acres of presently timbered land.
Open Space Plan
Under regulation 1.2 Purpose: “These (subdivision) regulations are intended to provide the following:
6)”Proper provision is made for open spaces, parks, and playgrounds through efficient design and layout of land. Subdivision Regulation 4.5.7 states that ”The applicant SHALL provide a written report describing any open space proposed in accordance with Sections 5.10.”… ”The written report, “SHALL include a description of natural resources on the open space tract, proposed use of the tract, proposed ownership and management recommendations.” Regulation 5.1.1 states, “Subdivisions SHALL be planned and designed in general conformance with the Old Lyme Plan of Conservation and Development… particularly with regard to the following: c. preservation of land for parks, recreation, and open space.”
Regulation 5.10 states “Land for parks, playgrounds, recreation areas and open spaces SHALL be provided and reserved in each subdivision.” Under the section of the regulations dealing with definitions, the word “shall” means mandatory. The Conservation Commission believes that it is especially important to enforce these provisions of the subdivision regulations and the Town Plan of Conservation and Development in this subdivision because of its isolated location on the top of a hill, its single entrance, and its location next to a military reservation. Professional land use studies commissioned by the Planning Commission found the land suitable for a park, playground, or town forest and not suitable for development.
The Conservation Commission finds that the proposed open space identified on the subdivision plans is totally inadequate and totally inappropriate for the following reasons:
- Wetlands are clearly not suitable for “parks, playgrounds, and recreation.”
- Because this subdivision is located on the top of a hill with only one exit/entrance, its eventual hundred or so residents under current plans have no focal point for a community, no club house or on- site picnic or recreation area designed specifically to bring the residents together.
- There are no sidewalks, no hiking paths, no bicycle routes, no designated area of open space for all members of the new development to come together and enjoy nature as a community.
- Note also that it is against the law for residents of this subdivision to trespass on Stone’s Ranch Military Reservation which is adjacent to the subdivision on both the north and the east. The residents have just one way out, down a road with a ten percent grade.
The Commission urges the Planning Commission to reject the proposed areas of wetlands designated on the plans as open space for the subdivision and urges the applicants to design plans for parks, playgrounds, and recreation areas to provide a sense of community on this hilltop, particularly when pedestrian/ bicycle access/egress is currently restricted to the three new roads and a single steep driveway entrance/exit. We further recommend that sidewalks be provided and that a pedestrian/bicycle route be developed within the project. A perimeter trail is feasible.
Noise and the Stone’s Ranch Demolition Area
Under Regulation 1.2. Purpose:
1) “Land to be subdivided SHALL be of such character that it can be used for building purposes without danger to health or public safety.”
While the Conservation Commission recognizes that noise is not normally associated with natural resources, peace and quiet on one’s own land is part of enjoying the environment in which one lives. Noise pollution has been demonstrated to cause serious health problems. The town of Old Lyme passed a noise ordinance in 1984 delegating the responsibility for the enforcement of its provisions to the Director of Health.
Several proposed house sites are located in the immediate vicinity of the Stone’s Ranch military training site. Training here is the only place in Connecticut that our State’s military forces can receive this kind of training in preparation for combat duty in Afghanistan. Machine gun fire and the demolition of explosives, low flying helicopters, and both trucks and tanks create high levels of noise. A noise study conducted by the military indicates that houses located in the vicinity of the training complex would be subjected to disturbing even harmful levels of noise.
Therefore, the Conservation Commission recommends that the Planning Commission not permit houses to be located in the highest noise areas. The Commission recommends that existing vegetative buffers between the development and the demolition range be retained to dampen sound levels for the other housing units not located in the immediate vicinity. Leaving this land nearest the demolition area undisturbed would dampen the sound for the other residents, provide natural water retention next to the stream, and eliminate the costs of cutting down the trees and installing expensive sedimentation, run-off, and erosion control devices in these steep slope areas. Several houses are also located near the commercial kennel which can be a source of harmful noise.
Traffic
Under Regulation 1.2 Purpose:
The following basic requirements are declared: 4) ”Proper provision is made for an adequate and convenient system for present and prospective traffic needs, with particular regard to the avoidance of congestion in the streets and highways and safe pedestrian traffic movement, and that adequate access to properties for fire fighting apparatus and other emergency vehicles can be provided.”
5) “Proposed streets are in harmony with existing and proposed principal thoroughfares as shown in the Town Plan, especially in regard to safe intersections with such thoroughfares.”
Right now there are twenty-three housing units and a commercial dog kennel on the two roads linking the subdivision with U.S. Route One, known as Boston Post Road. These two roads are Old Post Road and Old Stagecoach Road.
Part of Old Stagecoach Road has been improved from its status as an ancient dirt stagecoach route, but the road from the cul-de-sac still has a narrow bottleneck with very poor sight lines before it reaches Old Post Road. During the site preparation phase of this project this road will be required to handle construction equipment such as bulldozers, backhoes, and chippers as well as a steady stream of heavy trucks entering and leaving the site. Later, the development traffic will include fire trucks, ambulances, school buses, mail trucks, septic hauler trucks, oil trucks, snow plows, and delivery trucks. The inherent dangers associated with this level of large vehicle traffic on this narrow section of Old Stagecoach Road may require the Town of Old Lyme to widen the road to accommodate construction equipment
traffic as well as the expected use by large vehicles and automobiles once the houses have been occupied. Both ends of the Old Post Road have poor sight lines on Route One. The DOT has already identified the western exit as a dangerous location and plans changes. At certain times, especially in the summer or during an accident on I-95, traffic on this section of Boston Post Road is bumper-to-bumper. The speed limit here is 45 mph but that speed limit is very commonly exceeded.
In a .4 mile section of the Boston Post Road beginning in the vicinity of the western exit of Old Post Road and heading east, there are thirteen driveways from private residences entering directly to the Boston Post Road. There is the entrance to the Lord’s Meadow development with traffic from Lord’s Meadow and the Jericho development behind it using this main exit to Route One. Sight lines are obscured in both directions to some degree by vegetation at the Lord’s Meadow Lane entrance to the Boston Post Road. To the east there is the driveway accessing 22 units of elderly housing.
Dr. Awwa’s subdivision with ten lots may eventually contribute 20 more cars to this section of the Boston Post Road entering from Lord’s Meadow Lane. ARIA LLC with five lots may contribute 10 cars near the north exit of Old Post Road. The proposed subdivision with 38 lots may contribute as many as 76 cars plus two daily visits by school buses and a variety of other service vehicles.
Adding more than 100 automobiles as well as service vehicles to this .4 mile section of State highway in the near future can only lead to accidents. It is against public safety to inject this additional volume of traffic into an already heavily trafficked section of the Boston Post Road, especially when the State has already identified the west exit of Old Post Road as a hazardous exit. The State also has plans to restructure the culvert in this immediate area. That construction project will make this section of Boston Post Road a one- way flagged road for a period of months according to the plans.
The Conservation Commission requests that the Planning Commission order that a traffic report be completed by competent authority on the impact of the additional vehicles that can reasonably be expected to be using these exits to the Boston Post Road, specifically focusing attention on the bottleneck on Old Stagecoach Road and on that section of Route One from the entrance/exit to the ARIA LLC development on the east to the driveway of Arthur Avery at 210 Boston Post Road on the west, a distance of about .4 mile. Regulation 4.5.2 specifically calls for such a report “for all subdivisions containing 25 lots or more.”
Regulation 5.5.3 states that “subdivisions containing more than 25 lots SHALL have at least two direct connections to one or more accepted public roads.” This subdivision doesn’t have two direct connections.
The single entrance/exit meets the definition of a dead end street. Regulation 5.5.7 e) 2. states under the heading “Maximum length and number of building lots accessed by a dead end street “ that “ in general, dead end streets SHALL not be longer than 1200 feet from the nearest intersection having more than one outlet and SHALL not provide access to more than 30 building lots. Note that the word “shall” means mandatory.
Summary
Two land use studies made by Technical Planning Associates, Inc. at the request of the Planning Commission agreed that the land is not well suited to development in general but should be used for recreation or a town forest. The town’s Open Space Plan adopted by the Planning Commission places the property in the greenway as land more suited for open space and recreation than for residential development. It is isolated on the top of a hill with only one entrance/exit. It is located next to a military demolition area and a kennel, has inherent traffic problems, and fails to provide for pedestrians or bicyclists, forcing residents to resort to their cars. A boulder strewn wetland is passed off as open space. The plans ignore the requirement to have two direct connections to a public road as well as the
restrictions associated with a dead end road.
This is one of the last large tracts of undeveloped land in town. The plan deserves our best efforts to see that it makes the best of a difficult site. The current application fails to recognize several plainly stated subdivision restrictions, in effect, challenging the authority of the Planning Commission. The Conservation Commission believes the subdivision regulations are well written in clear language and wholeheartedly supports the Planning Commission’s strict interpretation of those regulations.
The Commission also requests that the Planning Commission inform the Conservation Commission of any and all waivers requested by the applicants as the waivers are received.
Respectfully submitted,
George James, Chairman, Conservation Commission
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