OLD LYME PLANNING COMMISSION
REGULAR MEETING
THURSDAY, DECEMBER 10, 2009
PRESENT WERE: Chairman Harold Thompson, Vice Chair Robert McCarthy, Chris Kerr, Steve Ross and Alternates Sean Mulligan and Stephen Martino.
Thompson called the meeting to order and seated Sean Mulligan for Connie Kastelowitz.
REGULAR MEETING
Robert McCarthy recused himself from this agenda item.
Referral by the Board of Selectmen under Section 8-24 of the General Statutes for the proposed lease of a cell tower on the Cross Lane Firehouse property and a recommended substitution of a portion of town owned land at 17 Cross Lane as open space in order to meet the requirement of State grant which funded the development of the Cross Lane Firehouse property.
Tim Griswold introduced Hollis Redding, SBA Towers, Inc. and Attorney Diane Whitney, of Pullman and Comley. Griswold stated that SBA Towers proposes to erect approximately an 185’ tower on 75 square feet of land located on the Cross Lane Fire House property. He stated that SBA will be erecting the tower and then will be advertising for four or five carriers to come onto the tower at 10 ft intervals. He stated the benefits to the town will be the rent the tower will generate, the emergency services communication equipment which will be placed at the top of the tower that will provide a direct link to the firehouse and cell phone reception will be enhanced in that area.
He stated that T-Mobile is also proposing to erect three smaller towers in Old Lyme. The locations are as follows:
- Ronald Swaney’s property located on Button Ball Road near the Amtrak overpass.
- Gary Smith’s storage area behind the South Shore Landing on the Shore Road.,
- The Laundromat Property near Point O Woods on the Shore Road.
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Griswold stated those towers would vary between 80 and 100 feet in height and would be capable of having other carriers on the tower but due to the shorter height it would be limited.
Griswold stated that ultimately the Siting Council would be making the decision as to which towers will be built.
Griswold stated the Cross Lane site is surrounded by the park, the school property and the Connecticut Water Company across the street. Griswold stated that Champlain Drive would not be in visual range of the tower and the abutting property containing the Shippee Residence would also not likely see the tower.
Griswold stated after researching the deed it was discovered that when the parcel was purchased from Ella Grasso and developed with state funds there was a covenant that the property would remain open space for recreational purposes. Therefore in order to carve out the 75 square foot parcel it would require a replacement parcel of some sort to replace the open space. Griswold stated that the DEP explains that under Section 7-131i that you cannot substitute another open space parcel for this open space it has to be something that is not currently open space.
Griswold stated after reviewing the area properties it was decided that the property to the east which is a 46 acre parcel owned by the town which wraps around the Connecticut Water Property would be a viable option for that replacement. He stated this property is fairly wet adjacent to the road but as it goes back it may become drier but not likely to be suitable for any municipal development. Griswold stated they are asking the DEP if they would be open to substituting some or all of that 40 acre parcel for the 75 square foot plus a driveway parcel. He stated he felt that the DEP might be motivated to do that because they could take a parcel that is not restricted and make it restricted and also it is a much greater land mass and it would also protect the watercourse. He stated this proposal
would ultimately need approval from the Open Space Committee, Planning Commission and Town Meeting.
Griswold stated therefore as required under Section 8-24 referral the Board of Selectmen is asking if the Planning Commission would support this proposal.
Thompson asked if the proposed location of the tower was do to the poor quality of the property across the street. Griswold stated that the property across the street was difficult to access because of its wet nature. Thompson asked if the tower would include a building on the site. Hollis Redding indicated there would be supporting structures with the tower. Thompson stated he had no objections to the tower but he did recall in the past quite a bit of opposition from neighboring properties who could see the tower. Griswold stated he felt the area was fairly well masked due to the wooded location.
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Ross stated he did not feel it was the end of the world if you could see the tower. He stated it was similar to utility poles. Ross stated in the location proposed he felt any visibility would only be the top of the tower.
Ross stated the tower behind South Shore Landing would be completely hidden. Ross asked if these towers generally had shelters. Redding stated the shelters are normally big enough that they have two rooms one for cellular equipment and the other for generators. She further stated that some carriers just have a plug that enables them to have battery back up for at least four hours. Ross asked what would be the frequency of access to the towers. Redding stated it is generally once a month and it usually a small pick up. Thompson asked what type of restraining cables would be used to hold the tower. Redding stated that monopoles do not require guide wires.
Martino asked what type of pad the tower would be placed on. Redding indicated it would be on a concrete pad.
Ross stated he felt this was a win-win for the town. He stated it is good for the Town of Old Lyme monetarily and the location is one of the better ones you could hope for in terms of not being intrusive and also feels it will greatly enhance cellular service in the beach area.
Steve Ross made a motion that the Planning Commission advises the Board of Selectmen that they are in favor of the proposal. Sean Mulligan seconded the motion. The motion passed unanimously.
Chris Kerr recused himself from this agenda item.
East Shore Pointe Subdivision – Skip Adams, Adams Builders, Inc. – Olivia Lane – Discussion and possible recommendation to the Board of Selectmen for the acceptance of Olivia Lane
Thompson stated there has been some communication over the past few days on this issue. Thompson stated that Tom Metcalf sent a letter to Attorney Cassella dated December 9, 2009 indicating that he has reviewed the plans dated October 19, 2009 showing that monumentation has been set at the East Shore Pointe Subdivision. He further noted that while the plan depicts the monumentation that has been set, he recommends that the plan include bearings and distances along street lines, property lines, easement lines and open space boundary lines. He stated the inclusion of this information will enable you or the applicant’s attorney to write a description of the land to be conveyed to the Town.
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Thompson stated he received an email from Attorney Cassella today stating that he has received a signed agreement from Skip Adams, however if the commission is inclined to look favorably on the referral to the Board of Selectmen, he would recommend stating that any positive referral be contingent upon meeting the terms outlined in Tom Metcalf’s letter of October 9, 2009 and providing a revised warranty deed with certificate of title.
Thompson stated the commission could either table any action on this item until the January meeting or make a recommendation to the Board of Selectmen to accept Olivia Lane as a town road contingent upon the receipt of the items outlined in Metcalf’s letter.
Robert McCarthy made a motion to recommend the acceptance of Olivia Lane to the Board of Selectmen contingent upon meeting the terms of Tom Metcalf’s letter. Sean Mulligan seconded the motion. The motion passed unanimously.
Election of Officers
Chris Kerr made a motion reinstate the existing slate of officers: Chairman Harold Thompson, and Vice Chairman Robert McCarthy and noted that the office of secretary will remain unfilled at this time. Sean Mulligan seconded the motion. The motion passed unanimously.
2010 Meeting Dates
Thompson made a motion to approve the 2010 meeting dates and noted that the November meeting will be held on the 3rd Thursday November 18, 2010, due to a conflict with the Veteran Holiday on the 2nd Thursday of the month.
Reading and Approval of the November 12, 2009 minutes.
Steve Ross made a motion to waive the reading and approve the minutes as submitted. Sean Mulligan seconded the motion. The motion passed unanimously.
Respectfully,
Kim Groves
Land Use Administrator
Harold – Ignore – Items for Special Meeting.
Wesley Poriotos – 5 Beaulieu Drive – Request for 90 Day Extension of filing the mylars.
David and Mary Eklund – Request for 90 Day Extension of filing the mylars
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