Town of Old Lyme Open Space Committee Meeting
Old Lyme Town Hall
Minutes: April 10, 2009
Chairman Diana Atwood Johnson opened the meeting at 08:35 with OSC members Chris Bourne, Peter Cable, Ted Crosby, Bob DePianta, Bill Dunbar, Evan Griswold, George James, and Ted Kiritsis in attendance. Also present were Anna Silberberg representing OLCT, and Old Lyme resident Jack Alexander. In addition, Mathew White from McDonald, Sharpe and Associates, was an invited guest to discuss proposed developments of Mathew and Sandra MacDonald property on Boston Post Road and David and Mary Eklund property on Ferry Road.
Diana reported that the $75k Town budget open space account line item for purchase of land had been reinstated in the budget.
On motion by Bill, second by Evan, the minutes of the March 6, 2009 meeting were approved by vote.
Subdivisions
a) MacDonald property
Mathew White described a proposed 13.9-acre subdivision on property owned by Mathew and Sandra MacDonald on Boston Post Road. The plan identifies 3.5 acres (26% of the total land) of wetland as a conservation easement to be deeded to the Town. Evan asked if the easement could be extended to the 100-foot wetland setback, since the wetlands are protected from development irrespective of the grant of a conservation easement. Matt White said he would convey the request to the owners. In following discussion OSC agreed that Diana write a letter requesting extension of the easement to the 100-foot wetland setback should the owners resist the request transmitted via Matt White.
b) Eklund property
Mathew White reviewed the proposed subdivision on 18.9 acres owned by David and Mary Eklund on Ferry Road. The proposal calls for 7.25 acres enclosing a pond to be preserved as open space; but the pond constitutes the preponderance of the designated open space. Diana had spoken with Matt White about the proposed open space being mostly water and had noted that this situation contradicts the evolved position of OSC that the percentage of wetland included in designated open space should not exceed the percentage of wetland in total property being developed.
c) Marsh subdivision
Diana’s letter of February 19, 2009 to the Planning Commission endorsed the proposed designation of open space presented by Bob Doane to OSC at its February 13, 2009 meeting, subject to Ed and Linda Marsh’s subsequent agreement that any future subdivision of the remaining 17.5 acres of undeveloped property would provide 15% of the future development plus an additional 15% of the 17.5 acres as make-up for the reduced allocation of open space in the current development plans. In a later, March 12, 2009, letter to the Planning Commission, Bob Doane wrote that Ed and Linda Marsh did not commit to specific future designations of open space on their property. The letter stated that the Marsh’s intent was to maintain the remaining undeveloped lot as farmland, but that they wished to retain the option to negotiate open space should
a subdivision application ever be submitted.
d) Lord’s Woods development
Diana reported that a letter from Dr. Awwa’s lawyer Mark Block to attorney Ed Cassella had indicated that his client agreed to the schedule for remediation work but would not agree to $100 per day penalty. Diana said that Ed Cassella wants assurance that the Town’s security is satisfied. He had noted that the understanding between the Lord’s Woods developer that $75k was owed OSC and that $20k would be paid to OSC from proceeds on each lot sold was agreed upon with attorney Block. OSC agreed that Diana should indicate to Ed Cassella that it was time to turn up the pressure legally.
Open Space Regulations
Diana circulated attorney Cassella’s response to the proposed amendment to the open space requirements, in which he proposed modifying the format to facilitate immediate incorporation in the Subdivision and Zoning regulations, commented upon the recommended PRCD open space requirement, and suggested removing an “intent” statement and including it in a cover letter.
Conservation Easement Actions
Diana reported on responses to the conservation easement letters she sent out to property owners who are prospective granters of easements. She has had replies from and spoken with Steve Ames, Dave McCulloch, Todd Machnik, Donald Gonci and Robert Foster.
Properties
At 10:05 on motion by George, second by Ted Kiritsis, it was voted to go into executive session. At 10:55 on motion by Evan, second by Ted Kiritsis, it was voted to leave executive session.
On a motion by Bob, second by Bill, it was voted to secure an appraisal of the Foster property, the site of the proposed Four Ponds development project.
At 10:57 on motion by Ted Kiritsis, second by Evan, it was voted to go into a second executive session. At 11:20 on motion by Ted Crosby, second by Bill, it was voted to leave executive session.
Old Business
a) Wetlands percentage of open space
George proposed that the open space policy on property should be that the percentage of developable land that is wetland should represent the maximum percentage of wetland in open space set aside, but in no case should the percentage of wetland in open space exceed 50% of the open space.
At 11:25 on a motion by Bob, second by Evan, it was voted to adjourn the meeting.
Respectfully submitted,
Peter Cable
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