MINUTES
OLD LYME PLANNING COMMISSION
FEBRUARY 20, 2014
PRESENT WERE: Chairman Harold Thompson, Chris Kerr, Robert McCarthy and Alternate Don Willis seated for Steven Ross and Alternate Todd Machnik seated for Edgar Butcher.
The Chairman called the meeting to order at 5:00 p.m.
MUNICIPAL REFERRAL – SECTION 8-24 – ACADEMY LANE AT THE LIEUTENANT RIVER FIRE DOCK
Selectwomen Reemsnyder stated there is a currently a much deteriorated fire dock at the end of Academy Lane that needs to be repaired. Reemsnyder stated that Keith Neilson. P.E. of Docko Inc. located in Mystic, Connecticut was present to discuss the proposal. Neilson presented a couple of sketches of the proposed project for the commission to review. He noted the dock was located at the very end of Academy Lane and was built by the town for firefighting purposes in 1934. He noted he has been working with the Fire Department, Soil Scientists, Surveyors, Army Corps of Engineering and other state agencies to document the conditions of the site as well as obtaining the necessary permits to begin the process.
He stated the scope of the work is to take the existing structure and remove the timber, concrete and stone which has fallen into the Lieutenant River. He said they would scrape the area clean of vegetation and clean up the perimeter of the area. He said once they reach a level of soil stability, crushed stone and concrete block would be placed to create a structural safe surface capable of supporting the fire truck enabling it to draft off the pier.
Thompson asked once the current layer of concrete block is removed will any test pits or boring samples be taken. Neilson stated they will probe along the edges to determine the stability.
Thompson asked if the area would be dredged and if so, would that still be adequate for the fire hose length of 30 feet. Neilson stated that no dredging is proposed for the project.
Reemsnyder stated that this structure is critical to fire safety for the village area. She noted there was no better demonstration of that when the last fire occurred on Lyme Street.
Chris Kerr made a motion to recommend approval of the project to the Board of Selectmen. Don Willis seconded the motion. The motion passed unanimously.
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LOT LINE MODIFICATION – 458 SHORE ROAD – CARLETON BIRK
Michael Barnes was present on the applicant’s behalf. The commission reviewed the site plan prepared by Fedus Engineering; LLC dated January 7, 2013 revised through January 24, 2014. Barnes said the proposal is to modify the lot lines of two parcels currently owned by the Birk family.
Barnes noted that the modification has been reviewed by both the Zoning Enforcement Officer and Sanitarian. He also noted that Attorney Cassella had reviewed and approved the modification contingent upon any Access and Utility Easements be submitted and reviewed prior to signing the mylars and recording the documents on the Land Records in the Town Clerk’s office.
Kerr asked if the house was still on the market. Barnes stated the house is in bad disrepair and they don’t want to destroy it. Therefore, at this point it is the applicant’s intention to leave it empty until their financial situation changes and they are able to improve the structure. Kerr stated if they did get a buyer for the structure the lot would have to be split again. Barnes stated that is correct.
Barnes indicated that they would have the necessary documents sent to Attorney Cassella’s office for his review and approval.
Chris Kerr made a motion to approve the modification contingent upon the Access and Utility Easements being approved by counsel. Don Willis seconded the motion. The motion passed unanimously.
LOT LINE MODIFICATION – 36 & 40 SEASIDE LANE – WAYNE J. CARINI
Tony Hendriks presented the proposed Lot Line Modification. The commission reviewed the site plan presented dated December 28, 2013 revised through February 18, 2014. Hendriks noted these properties are located in the beach community. He stated the proposal is to move the property line over far enough to include the driveway that 36 Seaside currently uses. He also noted there is an existing shed in the rear which straddles the boundary line of the two parcels and it will now be located entirely on Lot 36. Hendriks stated he spoke with Ann Brown today and she expresses concern about high ground. Hendriks stated he felt the proposal improves the lots for both parties. He stated Lot 36 will have more high ground after the modification and Lot 40
will have less wetland. He also noted the proposal will make the lots more in conformance with the setback regulations.
Thompson stated the commission initially received correspondence from Sonia Marino, Sanitarian dated February 12, 2014 denying the modification. He further stated the commission received a letter today
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from the Sanitarian approving the modification. Hendriks noted the plan had been revised to add a conforming B-100 leaching system.
Thompson stated the commission also received a letter from Ann Brown; Zoning Enforcement Officer stating the modification does not comply with the zoning regulations. She indicated that the wetlands boundaries have not been determined by a soil scientist. She also stated that the “high ground” on the lot at 40 Seaside Lane is not 10,000 square feet which is the minimum upland area required by the zoning regulations. She stated the proposal reduces the high ground further therefore making the parcel more non-conforming.
Hendriks stated the parcel never was 10,000 square feet in its existence and can’t be 10,000 square feet. Thompson stated that he would need to discuss this with the Zoning Enforcement Officer prior to the commission taking action on the application.
This item was tabled until the March meeting.
LOT LINE MODIFICATION – SHORT HILLS ROAD – GREAT OAK ROAD
Marty Smith of Waterhouse Development Company was present to discuss the proposed Lot Line Modification. Smith noted they have purchased an additional 13.23 acres of land from Howard Tooker adjacent to The Oak Subdivision off of Short Hills Road. He stated his proposal is to request a lot line revision that would allow them to combine the 13.23 acre parcel with the existing parcel.
Groves noted for the record the application was submitted yesterday and therefore the Health Department and Planning Commission Counsel has not had an opportunity to review the project. Ann Brown, Zoning Enforcement Officer reviewed the plans dated June 12, 2012 revised through January 10, 2014 and stated the proposal complies with the Old Lyme Zoning Regulations.
The commission tabled any action on the application until the March meeting in order for staff to provide review comments.
INFORMAL DISCUSSION – THE OAKS SUBDIVISION – SHORT HILLS ROAD
Marty Smith was present to have an informal discussion with the commission about Phase II of the project located on Short Hills Road. Smith stated back in November 13th, 2008 this commission approved the Oaks 7 Lot Subdivision on 25 acres. He noted the project has not yet been built. He stated there is approximately 1400 ft. of town road to be built with a cul-de-sac and fire tank at the end. He noted in addition to that there is 8,500 ft. access road that goes out to Boston Post Road.
Smith noted that the commission’s approval was appealed by a neighbor and went to Superior Court. He stated in 2010 the Superior Court upheld this commission’s decision to approve the Subdivision. He stated presently the performance bond has been posted but they have been waiting for the economy to improve to start the project. He noted also as part of the court action the approval date of the
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Subdivision was effective April 2010. Smith also noted that during this recession the legislature also passed an extension for subdivisions that were approved during the recession which moves the approval time from 5 years to 9 years. Therefore the Phase I Subdivision approval is good until 2019.
Smith stated originally the proposal was intended to be a large scale project of approximately 85 lots. Smith indicated the project has been dramatically scaled back. He stated the Phase 2 proposal now is for approximately 21 lots. He said the proposal is to extend Great Oaks Road where it is currently terminated and extend it out approximately 2,700 feet. He stated they are also going to look at the option of a PRCD Subdivision.
Smith stated that the road length is longer than what is stated in the regulations but also noted the commission has the option of waiving that road length. Smith explained that making this into a town paved road will eliminate a larger portion of the emergency access road which he felt would be a positive thing for the town. Smith stated currently the emergency access road is gravel which goes all the way out so a portion of that would be eliminated by the construction of the new road.
Rob McCarthy asked who would be responsible for the maintenance of the emergency access road. Smith stated that a homeowners association would be formed.
Machnik asked if access to the Woodruff parcel would be altered. Smith stated there would be no changes.
Thompson stated when Phase I was approved one of the big concerns was the amount of additional traffic on Flat Rock and the adjacent areas. Thompson stated when the commission reviews it they might look at the impact of having a separate road out to the Post Road. Smith stated it would not be financially feasible for him to build that road all the way to Route 1. He further stated town roads are not his responsibility. He stated part of the approval for Phase I does include improving the entry way to Short Hills Road. Smith further stated in terms of the overall condition of Short Hills Road that is the town’s responsibility as is noted in state law.
Smith stated he felt he was improving the overall situation by proposing a better emergency access road that will be shorten from what was originally approved and possibly at some point in the future there could be a connection to Route 1. Metcalf also stated that for subdivision with greater than 25 structures, the regulations require two roads for access and egress.
Thompson stated it is still an emergency access road and the addition of more homes will have an impact on the existing roadways. Smith stated practically speaking the access road will be improved whether it is one house or fifty houses emergency vehicles will have better access into that area.
Metcalf stated in the subdivision regulations Section 4.5.2 allows the commission to require a traffic report. He stated he felt this would be critical in assessing any impact with the additional lots.
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Smith stated Short Hills Road like many Old Lyme Roads is less than perfect. He stated one of the recent cases “The Butternut” that was cited in our case “the courts have ruled that it is not the responsibility of the developer to improve a town road beyond what is approved”. Smith stated a traffic study will be done as part of the application but he felt it comes down to the inadequacy of Short Hills Road is not the developers problem it is the town’s problem. He noted the courts will affirm that as well.
Smith asked the commission if they believe in the logic of reducing the emergency access road from what is presently approved will provide for a better condition by allowing the additional lots.
Thompson stated while it is being improved emergency access is still emergency access and so again looking at the impact of additional traffic on Flat Rock and Hatchett Hill is a concern.
Smith again stated once again the towns roadways are the responsibility of the town.
Discussion ensued…..No actions or decisions were taken by the commission.
SUBDIVISION REGULATIONS AND DESIGN AND CONSTRUCTION STANDARDS.
The commission reviewed the final document and provided additional input and corrections. The Design and Construction Standards will be sent to the Board of Selectmen for review at their March 7, 2014 informational meeting.
UPDATING TOWN OF OLD LYME LOCAL ROAD NETWORK
First Selectwomen Reemsnyder received a letter dated January 22, 2014 from the State of Connecticut Department of Transportation requesting an accurate calculation of total public roadway mileage. The state also included with their request a local road map to be updated. Reemsnyder asked the Planning Commission to make the necessary updates. Tom Metcalf updated the local road map which the commission discussed and reviewed.
The Planning Commission suggested the road map also be forwarded to Ed Adanti, Direction of Public Works for a final review.
READING AND APPROVAL OF THE DECEMBER MEETING MINUTES
Todd Machnik made a motion to waive the reading and approve the minutes as submitted. Robert McCarthy seconded the motion. The motion passed unanimously.
Respectfully submitted,
Kim Groves
Land Use Administrator
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