OLD LYME PLANNING COMMISSION
PUBLIC HEARING AND REGULAR MEETING
MAY 14, 2009
PRESENT WERE: Chairman Harold Thompson, Robert McCarthy, Steve Ross, Connie Kastelowitz, and Chris Kerr. Also present were Alternates Sean Mulligan and
Stephen Martino.
Chairman Thompson called the meeting to order at 7:32 p.m.
PUBLIC HEARINGS
DAVID AND MARY EKLUND – 312 FERRY ROAD – 9 LOTS
Matthew White of Angus McDonald and Gary Sharpe presented the proposed subdivision on behalf of the applicant. White stated the proposal is to subdivide an existing 18.9 acre parcel located on Ferry Road and Sandpiper Point Road. He noted that all but one lot will have frontage on Sandpiper Point Road and the remaining lot will front on Ferry Road. He stated two of the proposed lots will be rear lots served by a common driveway. He noted this 18.9 parcel contains a large portion of Shippee Pond with some associated wetlands and abuts the DEP property along Ferry Road. He stated that there are no public improvements proposed with the subdivision. He reported that soil testing has been conducted at the site and the minimum area of buildable land has been demonstrated on each individual
lot along with schematic well and house locations. White stated the bulk of the property is located in the RU-40 zone, however there are two small pieces of property in the WF-20 zone. He noted all the proposed lots are in the RU-40 district with the exception of Lots 8 and 9 which each contain a small section of WF-20.
White stated they are proposing to dedicate a parcel of Open Space to be given to the Town of Old Lyme in the amount 7 ¼ acres which includes all of Shippee Pond and the majority of the wetlands surrounding the pond along with some upper land adjacent to Ferry Road.
Thompson asked Mr. White if the proposed open space shown on the plan was the same area that was proposed to the Open Space Committee. White indicated that was correct. Thompson noted that the commission received a letter from Diana Atwood Johnson indicating they were not satisfied with the proposed open space. Thompson stated the Open Space committee in their review indicated they did not think this proposal met the intent of the regulations and suggested the plan be amended to include more dry land or suggested a fee be paid in lieu of open space.
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Thompson also noted that the commission received a letter from Marcy Balint, Senior Coastal Planner, Office of Long Island Sound Programs recommended a non-disturbance vegetative setback at a 100 ft. minimum. Thompson stated the schematic house locations are shown away from the pond; however that is not necessarily where the individual lots owners will choose to locate their homes.
White distributed a memo to the commission addressing the issues raised by the Open Space Committee. White stated they have proposed 38% of the total parcel area. White noted of that area 1.17 acres is upland, 4.72 acres is the pond and 1.36 acres is wetlands. White stated in the definition of open space in the Old Lyme Subdivision Regulations Section 2.26 it states “a parcel or parcels of land or an area of water or a combination of water and land set aside for conservation, park, or playground purposes”. White stated this open space is proposed to be set aside and it is a combination of water and land which will be set aside for conservation and recreational purposes. He also noted with respect to Open Space needs as detailed in Section 5.10 of the Old Lyme
Subdivision Regulations “this proposal satisfies the needs set forth in this section in that it allows for the preservation of natural resources including upland, wetlands, open water, wildlife habitat, natural drainage ways, visual corridors, and maintains the scenic quality. He noted the land also abuts the State of Connecticut land in two locations, including an area along Ferry Road where the state maintains a walking path and a viewing area for the pond. The upland portion of the proposed open space immediately abuts this path and a viewing area would allow for its enhancement.” White concluded by stating he felt this parcel does conform to the regulations.
White addressed letter from the DEP. He stated he has been treating the pond as an inland wetland. Thompson stated “non-tidal”. White indicated that was correct based on the soil scientist who studied the site. White also noted that Ann Brown provided hime copies of several articles from the 1980’s when a portion of the pond was dug out and the area was flooded. He further noted there are letters where the DEP discusses how this area was an old tidal marsh that had been cut off before the railroad when in and therefore was no longer tidal and is now an inland wetland. White stated being an inland wetland there is a 100 ft regulated area which is shown on the plan in the black line. White noted that the proposal is still under review by that commission and
therefore no report has been issued to date. White also noted he has been trying to reach the DEP for several days and has had no response. White stated this parcel cannot have to
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designations; therefore this issue needs to be sorted out but in either case he felt the plan satisfies the regulations. Thompson asked Mr. White if the articles from Ann Brown were available. White indicated he would make copies and forward them to the necessary parties.
Martino asked if copies of the soil testing were available. White indicated that all of that information was available on the plans.
Ross stated that if you read the goals of open space it is the protection of natural resources and he felt by including the pond in the open space allocation that goal is achieved. He stated if the abutting lot owners owned the pond then there would be no chance of public access and recreation on that pond and the individual property owners could do whatever they want with it, so he felt the open space committee neglected to recognize in this instance the value of protecting that pond by including it in the open space. Ross also stated this parcel is a bowl of land that filled up with water which could be drained.
Thompson stated the commission has not yet received comments from Tom Metcalf, Consulting Engineer, or Ann Brown, Zoning Enforcement Officer.
QUESTIONS FROM THE AUDIENCE:
Bill Richeimer – ll Sandpiper Point Road – Mr. Richeimer asked what time of year the soil testing was conducted and if the time of year was important and could impact the results?
White stated the testing was done in January. He further stated the wet season set by the Public Health Code runs from February till May. He stated when you have sites that are marginal you are required to test within those timeframes, however this site had indications in the soil of the high water mark which is acceptable for identifying the location of the seasonal high water mark.
Les Reynolds – 307-1 Ferry Road – Mr. Reynolds stated he felt this property was under some sort of tax designation which might have an impact on this division. Ross stated that the PA-490 is the statute that affords woodlands or open space a tax advantage but the minimum acreage is 25 acres therefore this parcel would not of qualified for this status.
Bill Dunbar – 12 Sandpiper Point Road – Mr. Dunbar, member of the Open Space Committee and adjacent landowner, indicated that the Open Space Committee felt very strongly that land is what you walk on and you cannot walk on the pond. Mr. Dunbar also submitted letters from himself along with another resident of Sandpiper Point Road.
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Ned Farman – 311-1 Ferry Road – Mr. Farman asked Mr. White to point out the sloping area on the map. Mr. Farman asked if there would be different implications if the land was classified tidal versus wetlands.
White stated if the parcel was tidal wetlands there would have to be a fluctuation in water levels at high tide and further indicated that they have seen no evidence of that, therefore, a soil scientist has flagged the area has inland wetlands. White noted that he will be discussing this issue with the DEP.
Harold Thompson made a motion to continue the public hearing and noted that the public would have an opportunity to make statements “for or against” at the next meeting.. Chris Kerr seconded the motion. The motion passed unanimously.
SUBDIVISION – MATTHEW AND SANDRA MACDONALD – 155-1 BOSTON POST ROAD – 2 LOTS
Matthew White from Angus McDonald and Gary Sharpe was present to discuss the proposal on behalf of the applicants. He stated it is a proposed two lot subdivision. He stated it is a large rear lot consisting of 13.9 acres with a 50 ft. access way from Boston Post Road. He noted the parcel abuts the Black Hall Pond. He noted the proposal will be to create two rear lots with two access ways. He noted the new lot will be 9.56 acres. He reported a waiver request has been submitted to allow for rear lot development in other zones. He stated the property consists of three zones: C-30, R-20 and RU-80. He stated rear lots are allowed in the regulations in the R-80 zone and are not specifically allowed in others zones.
White stated the open space proposed is a conservation easement over a portion of Lot 2. He noted this parcel abuts adjacent open space land owned by the Appletree Drive Corporation and on the north is Black Hall pond which creates a nice corridor through the area. White further stated the proposed open space is 3.52 acres which is 25% of the total parcel area and an additional “no clear zone” which is 0.73 acres. White stated the easement would be in favor of the Town of Old Lyme. He noted that this proposal was consistent with the Old Lyme Subdivision Regulations Section 5.10 because it satisfies the needs put forth in this section in that it allows for the preservation of natural resources including wetlands, wildlife habitat, natural drainage ways, visual corridors, and
maintains the scenic quality.
White stated he received an initial letter from Tom Metcalf, Consulting Engineer and those comments have been addressed and Mr. Metcalf has submitted a revised letter to the commission dated May 14, 2009. White also noted that the commission received a letter from Attorney Cassella indicating the legal documents still need some revisions prior to approval.
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Thompson asked Mr. White if he had addressed the comment with regard to the increase in setback requirements for rear lots. White indicated that has been completed and shown on the plan.
Thompson also noted the commission did receive a letter from Diana Attwood Johnson indicating their dissatisfaction with the open space allocation as it is shown on the plan.
White stated the only change since the proposal to that commission was the inclusion of the no clear zone. White once again stated for the record that the definition of open space in the subdivision regulations includes water, therefore he respectfully disagrees with the position that they have taken.
Groves noted for the record that this proposal did receive Inland/Wetlands approval.
QUESTIONS FROM THE AUDIENCE
Chris Brown – 10 Appletree Drive – Mr. Brown asked Mr. White to point out his property on the plan. Mr. White pointed out the location. Mr. Brown asked what the setback was to his property line from the proposed driveway. Mr. White stated there is no required setback for a driveway, however it was 200 ft. of woods away from Mr. Brown’s property line at the closet point.
Harold Thompson made a motion to close the public hearing. Robert McCarthy seconded the motion. The motion passed unanimously.
REGULAR MEETING
RESUBDIVISION – H. MICHAEL SCHAEFER ET AL – 136 NECK ROAD
Mr. Hendriks stated that Michael Schaefer had sent a letter to Ann Brown, Zoning Enforcement Officer dated April 30, 2009 stating he would remove the cooking facilities from the downstairs apartment at 136 Neck Road by May 4, 2009. He further noted that once the subdivision is approved he does plan to apply for an accessory apartment noting there had been one in existence since 1965.
Thompson noted that Ann Brown submitted a letter to the commission dated May 14, 2009 stating that the conditions outlined in Attorney Cassella’s letter to the commission were acceptable to her as Zoning Enforcement Officer. Thompson stated that Attorney Cassella’s letter to the commission dated May 13, 2009 suggested the following condition of approval should the commission choose to approve the application “prior to signing the mylars, the applicant shall comply with the terms of the letter to Ann Brown
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dated April 30, 2009 and the Commission shall receive a certification from Ann Brown that the existing house does not contain two dwelling units”.
Hendriks indicated that the house is open to inspection.
Harold Thompson made a motion to approve the resubdivision of H. Michael Schaeffer, et al at 136 Neck Road with the conditions as identified in the letter from Attorney Cassella to the Planning Commission dated May 13, 2009. Steve Ross seconded the motion. The motion passed unanimously.
PROPOSED AMENDMENT TO THE OLD LYME SUBDIVISION REGULATIONS – ADDITION OF SECTION 3.9.4 – CONDITIONAL APPROVAL
Steve Ross made a motion to approve the amendment and set an effective date of July 1, 2009. Connie Kastelowitz seconded the motion. The motion passed unanimously.
REFERRAL OF PROPOSAED AMENDMENT TO THE OLD LYME ZONING REGULATIONS – APPLICANT: OSPREY LANDING, LLC – ADDITION OF SECTION 12.9.1 – PRCD DENSITY INITIATIVE
Thompson stated that Attorney Cassella reviewed the proposed regulations. He also noted the commission reviewed comments from Attorney Mark Branse, Attorney Dave Royston, Torrance Downes, Marcy Balint, and minutes from the Zoning Commission.
Thompson stated the memo from Attorney Cassella dated May 14, 2009 appeared to have a lot of the same comments that Attorney Branse had raised during his review. Thompson stated one of the concerns raised was the ability to increase the density of the structures under the proposed PRCD. It was also noted that the proposed PRCD referenced zoning classifications that don’t apply and do not address the impact of this type of housing on support services such as municipal water and sewer. The commission discussed the comments received.
Kim Groves reported that the Zoning Commission will be holding a presentation at their next meeting on June 8, 2009 for anyone who would like to attend.
Chris Kerr stated he was against the proposal. He stated if there are 80 acres hypothetically and it is 2 acre zoning then 40 homes can be built and cluster them closer together. He stated with this proposal they are proposing to put more houses than the forty so therefore he feels the current PRCD regulation is acceptable as it stands.
Steve Ross stated he was vehemently against it. He stated he felt it was inconsistent with the Towns Plan of Conservation and Development. He stated the density’s go well beyond what we currently have in town so it is not consistent with the character of the
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town. He also noted he felt the proposed setbacks are to minimal and he felt the definition of open space is too vague and leaves the door wide open for loop holes, and therefore did not feel it was advantageous to adjacent property owners, to the town and sees no advantage to anyone but the developer. Ross stated he felt the current PRCD regulations are appropriate and sufficient for the needs of the town and to encourage the use of open space and cluster development.
Thompson stated he also did not feel the proposal was consistent with the Towns Plan of Conservation and Development.
McCarthy stated he felt the homes were already in close proximity to one another in our present cluster developments and could not imagine them being even closer.
Steve Ross made a motion that the Planning Commission disapproves the proposed changes to the PRCD regulations. Connie Kastelowitz seconded the motion. The motion passed unanimously.
Thompson suggested and commission members agreed that a letter would be sent to the Zoning Commission stated that the Planning Commission was against the proposed PRCD regulation change and that a copy of the meeting minutes would be attached.
Ross stated for the record that this commission understood that they made their decision prior to the meeting but understood it was a presentation and no changes to the proposal were being presented.
ORIGINIAL DIVISION – ESTATE OF VIRGINIA MARIE PETERSEN – 125 NECK ROAD
Thompson stated the commission received a letter from Attorney Cassella dated May 13, 2009. Thompson noted that Cassella indicated in his letter that he has reviewed the information provided by the engineer for the project, Matthew White and determined that the proposed property division is a free split.
Matthew White, Angus McDonald and Gary Sharpe and Associates presented the proposal on behalf of the applicant, the Estate of Virginia Marie Petersen. He stated the proposal is to divide the property and soil testing has been provided, the MABL had been demonstrated. He noted the lots are located in an R-80 zone.
White stated that Metcalf raised the issue in his May 14, 2009 letter to the commission that the applicant should verify that no more than 15% of the 30,000 MABL area have slopes exceeding the allowable 20 %. White stated he has provided this information and it is 12.8% so that issue has been satisfied.
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White stated that Ann Brown commented that additional soil probes were needed to verify compliance with the Zoning Regulations. White stated additional testing was done today and the information has been recorded on the plan.
White stated the studio is not considered an existing house because it does not have a kitchen. White stated that ZEO, Ann Brown noted that an accessory building cannot stand alone on a lot, so the solution proposed is that a cooking facility be installed in the studio and a full bathroom (if one does not exist). White stated that these would be conditions that the applicant would agree to.
Thompson asked the size of the two proposed lots. White stated one lot is 2.7 acres and the other is 4.46 acres. Kastelowitz asked about the historical value of the studio in the event part of the plan was to remove it from the site.
Christie Lawrence (real eastate agent and resident of Old Lyme) stated there is a strong contingency in town to save the studio. She noted that Mr. Petersen is a world famous artist of birds and a plan is being developed to save the studio. She stated her involvement is strictly for the love of art. Steve Ross stated he felt due to the interest in town the situation will resolve itself.
White stated he has addressed all of Tom Metcalf’s comments. He noted however the existing driveway shares a curb cut but noted that this situation has existed since inception.
McCarthy raised the issue of the cemetery burial grounds on the property. White stated these grounds have been there a very long time and there are statutory rights and this will not change. White noted this location has been noted on the plans.
Steve Ross stated he would look to the Zoning Commission for a waiver on the studio in an effort to preserve the studio.
Steve Ross made a motion to approve the division subject to the condition that the studio be modified to conform the zoning regulations, be removed or seek a waiver from the Zoning Commission. Chris Kerr seconded the motion. The motion passed unanimously.
SUBDIVISION MODIFICATION – WESLEY PORIOTOS – 5 BEAULIEU DRIVE
Steve Ross made a motion to amend the agenda that this application is a Lot Line Revision not a Subdivision Modification as noted on the agenda. Connie Kastelowitz seconded the motion. The motion passed unanimously.
The commission noted for the record the application was received yesterday; therefore no comments have been made by staff on the application.
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Steve Ross made a motion to table any action until the June meeting. Robert McCarthy seconded the motion. The motion passed unanimously.
White noted that the applicant is proposing to modify his lot line to accommodate a pool on his property.
READING AND APPROVAL OF THE APRIL 9th MINUTES
Kim Groves noted for the record that Steve Ross had made corrections to the minutes and they have been revised and recorded in the Land Records.
Connie Kastelowitz made a motion to dispense with the reading of the minutes and approve them with the corrections. Steve Ross seconded the motion. The motion passed unanimously.
Respectfully submitted,
Kim Groves
Land Use Administrator
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