Town of Old Lyme Open Space Committee Meeting
Christ the King Church
Minutes: October 12, 2007
Chairman Diana Atwood Johnson opened the meeting at 08:35 with OSC members Amanda Blair, Peter Cable, Ted Crosby, Judi Glover, David Griswold, Evan Griswold, George James, Connie Kastelowitz and Ted Kiritsis in attendance. Also in attendance were Jack Alexander of Old Lyme and attorney Mark Block representing Dr.Bassan Awwa developer of Lord’s Woods subdivision.
On motion by Connie seconded by Ted Kiritsis, the minutes for September 14, 2007 were approved by vote.
Diana informed OSC that Judi has officially been appointed to the committee to replace retired member Jennifer Hillhouse and, with the other members, welcomed her to the group.
Peterson property
Diana informed the committee that the Department of Environmental Protection will include the property from the estate of Roger Tory Peterson as part of the Silvio O. Conde National Fish and Wildlife Refuge along the Connecticut River. Attendant to this designation the DEP will establish a trail system on the property.
Lord’s Woods development
As preparation for the meeting with attorney Mark Block, Diana reminded the committee that, through the Wetlands Commission, compensation in the amount of $150k had been sought by OSC from the Lord’s Woods developer, Bassan Awwa. The present meeting with Mark Block was in response to the OSC assessment. In discussion Evan raised the question of whether payment of damages was to be in an immediate lump sum or whether it would be spread over time to correspond with the developer’s sales of property. The potential issue raised was whether foreclosure on the development could result in potential loss of remediation payment.
Mark Block reported to OSC that the Sipperly replanting plan for remediation of the cutting on Lord’s Woods open space would be implemented with planting to begin October 23, 2007. He then discussed the question of the damages being sought for the open space encroachment at Lord’s Woods. After reviewing the broad range of damage estimates, he noted that the cutting of trees on open space was not intentional but resulted entirely from surveying errors. He said that the level of physical damage was understood and that the need for a penalty to act as a deterrence to open space encroachments by potential violators in the future was also understood. He said that he had been authorized to offer $75k as payment for damages to Lord’s Woods open space. He noted that the offer (a) provided a substantial amount in addition to
implementation of the Sipperly restoration plan, and (b) was sufficient to act as an effective deterrent. In discussion Evan suggested an alternate view of remediation for damages to open space as funds obtained in an amount sufficient to allow purchase of open space of equivalent value. Jack Alexander said that he viewed the damage payments as a fine to act as deterrence for potential violators. Amanda asked Mark Block about the proposed plan for payment (lump sum or phased) and Ted Kiritsis inquired about the time limit for phased payments. Mr. Block indicated the payments would be phased with sale of property with a time limit of 2 years. Regarding acceptance of the offer presented by Mark Block, the sense of the OSC was to defer decision at that point and to discuss the matter further.
Following Mr. Block’s departure discussion focused on suggested counter request to the Block proposal on the damage fee. To resolve the relatively large range of possible counter amounts discussed, David suggested a counter proposal with two options, the first, imposing a smaller fee for immediate lump sum payment; the second, would impose a larger total damage fee for time-phased payments. With regard to the size of penalty fee sought, George observed that Bassan Awwa had voluntarily donated open space and suggested that OSC be sensitive to not imposing too harsh a penalty, lest future developers be deterred from voluntary land donations.
Ted Kiritsis moved and George seconded a motion to adopt David’s two-option plan as the OSC position. The motion was amended by Amanda, with a second by David, to request, in the first option, $125k to be paid within 2 years and, in the second option, $100k to be paid immediately. The amended motion passed unanimously.
Property Updates
a) Ames property
Upon motion by Evan seconded by Ted Crosby, at 09:45 the committee voted to go into executive session to discuss the Ames property. The executive session ended at 10:10.
b) Cedar Hollow Drive property
The property in question was a 4.26 acre area designated open space in a development on Cedar Hollow Drive that was foreclosed in 1994. The open space area was never recorded and the current owner, Bank of America, wishes to cede the parcel to the Town. Ann Brown has recommended that the Town accept the 4.26 acres as open space and, in discussion, OSC agrees that this is an attractive addition because the property is adjacent to existing Town open space.
Conservation Easements
Committee members reported on action and status of follow-up calls to Town property owners who had received letters from OSC concerning consideration of donating conservation easements on their properties under Public Act 490. This is an ongoing activity.
Old Business
a) Four Ponds development
Diana raised the question of appropriate marking of designated open space areas at the Four Ponds development (these consideration apply to other Town open space areas, as well). In this regard she exhibited two examples of signs used in Essex, indicating the designation of the area (e.g., “easement”) and/or the allowed use (e.g., “no disturbance”). At present, the signs for Old Lyme open space areas indicate only “conservation area”.
b) Fall walk
On a question by Peter, Diana replied that there would not be a fall walk in October.
On motion by Ted Crosby seconded by Amanda it was voted to adjourn the meeting at 11:15.
Respectfully submitted,
Peter Cable
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