OLD LYME PLANNING COMMISSION
PUBLIC HEARING & REGULAR MEETING
FEBRUARY 19, 2004
PRESENT WERE: Chairman Harold Thompson, Chris Kerr, Connie Kastelowitz, and Alternates Robert Pierson and Nancy Strohla seated for Steven Ross and Robert McCarthy. Also present were: Kim Groves, Tony Hendriks, Pat DiPinto, and members of the public.
Chairman Thompson made a motion to add one additional item to the regular meeting to discuss the Sound View Design District meeting. Connie Kastelowitz seconded the motion. The motion passed unanimously.
The Chairman called the Public Hearing to order at 7:36 p.m.
SUBDIVISION – VILLAGE ESTATES – 5 LOTS – 8 NECK ROAD
Exhibit A Legal Notice Published in the The Day on 2/9/04 & 2/16/04
Exhibit B Application
Exhibit C CAM Application
Exhibit D Plan dated July 1, 2003 revised through February 12, 2004
Exhibit E Letter from Ron Rose, Sanitarian dated February 13, 2004
Exhibit F Letter from William/Patricia Fitzgerald opposing the project
Exhibit G Letter from Thomas Metcalf dated February 17, 2004
Exhibit H Letter from Conservation Commission dated February 18, 2004 unanimously approving the application.
Exhibit I Letter from Ann Brown-IWO/ZEO dated February 17, 2004.
Mr. Hendriks, Registered Professional Land Surveyor presented the application on behalf of the applicant Mr. Pat DiPinto of P.N. DiPinto Builders, LLC. The proposed application is for a subdivision at 8 Neck Road consisting of four new lots and one existing house lot on approximately 6 acres.. Mr. Hendriks explained the reason this application required a new public hearing is because there has been a number of changes to the plans that were previously presented over the last four or five months with respect to drainage concerns. Attorney Mattern recommended the applicant submit a new application because of all the changes with respect to the drainage design requested by the State of Connecticut, the Old Lyme Wetlands Commission and consulting engineer. The site will be served by a
proposed town road off Route 156 about 800 ft long ending in a cul-de-sac where all the lots are proposed. All of the drainage and water that is going to be flowing from this site will be entered into the drainage basin which is located along the side of the road. The State of Connecticut now requires the developer to retain the drainage on the site in a detention basin before it enters into the public water system on Route 156. Mr. Hendriks noted the changes that have been made are all very minor in scope,
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February 19, 2004
except that the detention basin has been enlarged. Mr. Hendriks stated the applicant is not proposing any open space as part of his application but is offering a fee in lieu of the open space. He felt this would be a more beneficial use to the town. He further stated Mr. DiPinto is currently having the parcel appraised in order to propose an amount that would be acceptable to the town. Mr. Hendriks noted the Wetlands Commission has approved the proposal. He also noted the proposal did receive final approval with conditions from the State of Connecticut back in December, therefore some minor revisions have been made to drawings. He also reported Mr. DiCastro indicated today to Ann Brown that the State was ready to enter into an agreement with the applicant with respect to the
proposed activity within the state right of way. Mr. Hendriks noted the draft Encroachment Concurrence (agreement) between the State of Connecticut and DiPinto Builders is in the process of being approved and documented with the State of Connecticut. A copy of this agreement is part of the record along with all the legal documents forwarded by Attorney Pentore. Mr. Hendriks said Attorney Mattern stated he did not receive a copy of the final plans therefore he was not able to complete his review of the legal documents. Mr. Hendriks indicated he did not feel any of the changes would impact the legal documents. Mr. Hendriks reported Mr. Bellantoni, State Archaeologist indicated there were not any problems with site.
Connie Kastelowitz asked Mr. Hendriks if any consideration had been given to the suggestion of the Open Space Committee that a buffer be placed along the Stanley Property including more vegetation. Mr. Hendriks stated that no activity is being proposed along that edge. Mr. Hendriks reviewed the memo from Ann Brown, Zoning Enforcement Officer, to the Commission dated February 18, 2004. He noted that people have thought there was an apartment in the garage. He noted there is no sink or cooking facilities, however there is a bathroom that is tied into the existing leaching system but the applicant is not proposing to use it as an accessory apartment. Mr. Hendriks noted the applicant is proposing to remove the building that creates the side yard setback violation. The other two
buildings will remain and become accessory buildings to the primary residence. Mr. Hendriks stated that the notes suggested by Ms. Brown have been incorporated on the plan. The commission suggested a time limit of six months be placed on the removal of the building. The commission also agreed that the total bond amount for the project would include an amount for the Soil & Erosion bond as requested by the Wetlands Commission. Mr. Hendriks reviewed Mr. Metcalf’s letter to the commission dated February 17, 2004. Mr. Hendriks indicated comments 2. A, a, b, c are the substance of the mapping revisions shown on the plan. The commission also noted Mr. Metcalf would determine the necessity of the guide rail in the field at the time of construction. Mr. Thompson questioned the maintenance of the fence long-term for the town. Mr. Hendriks suggested a synthetic fence would probably be best suited for the site. Mr. Hendriks
stated Mr. DiPinto has filed for a stormwater permit.
Mr. Pierson asked if the Open Space Committee had a rendered a decision with regard to fee in lieu of open space. Connie Kastelowitz stated she had spoken with George James and also reviewed the letter from the committee with regard to their requests.
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February 19, 2004
QUESTIONS FROM THE AUDIENCE
Mrs. Bowen asked what assurance she would have that the construction would have little to no impact on the site. Mr. Hendriks indicated the Wetlands Commission has done everything they could to protect anything from happening to the spring. Mr. Hendriks read into the record a note from the plan that states “it is the intention of this design not to impact or change the characteristics of the intermittent watercourse and spring located on the Bowen property as proposed.” Mr. Hendriks stated if a change is proposed an application will be made to the Wetlands Commission.
Mr. Fitzgerald addressed the three issues raised in his letter to the commission. These issues included groundwater, drainage, and wildlife. Mr. Fitzgerald also expressed concern about the standing water in the basin that would attract mosquitoes. The commission also discussed with Mr. Fitzgerald his feelings on the site being developed with one less lot and more open space.
Harold Thompson made a motion to close the public hearing. Bob Pierson seconded the motion. The motion passed unanimously.
SUBDIVISION MODIFICATION – JOHN & JACQUELYN COSTIGAN – LOTS 4 & 5 EVERGREEN TRAIL
Bob Pierson moved and Connie Kastelowitz seconded the motion to table any action on this item until the March meeting. The motion passed unanimously.
EAST SHORE POINTE SUBDIVISON
Harold Thompson moved and Nancy Strohla seconded the motion to grant 120 day extension for the filing of the mylars. Kim Groves noted that Skip Adams, of Adams Builders submitted a surety bond today. Our regulations require a cash bond rather than a surety bond.
ORIGINAL DIVISION – DAVID S. MCCULLOCH – 18 ROWLAND ROAD AND ORGINIAL DIVISION – DAVID S. MCCULLOCH – 24 & 26 ROWLAND ROAD
Harold Thompson moved and Bob Pierson seconded the motion to approve the original divisions as submitted. The motion passed unanimously.
LOT LINE MODIFICATION – GREENSIDE SUBDIVISION – FAIRWAY LANE
Mr. Thompson stated at the time of the initial subdivision there was a small portion of property set aside to access property owned by the Black Hall Club. After much time this property has never been used. The association is now proposing to divide the parcel between the two
properties on either side of the access. Harold Thompson moved and Bob Pierson seconded the motion to approve the lot line modification. The motion passed unanimously.
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February 19, 2004
BEACH FARMS SUBDIVISION – DISCUSSION OF IDENTIFICATION OF WALKING TRAILS
Harold Thompson noted the commission had received two items of correspondence one from Pulte Homes and the other from Steven Ross. Mr. Thompson reviewed the items with the commission. Kim Groves noted when the subdivision was approved there was no signage shown on the plan. After much discussion the commission agreed to ask the Homeowners Association for their recommendation on the trails.
READING AND APPROVAL OF JANUARY MINUTES 1/8/04 & 1/15/04
Bob Pierson moved and Connie Kastelowitz seconded the motion to approve the minutes as submitted. The motion passed unanimously.
SOUND VIEW DESIGN DISTRICT MEETING
Bob Pierson reported the committee is working on a design that the zoning commission would find acceptable to allow some improvements to the area.
DECISION – VILLAGE ESTATES SUBDIVISION
Harold Thompson made a motion to approve the Village Estates Subdivision with conditions:
The outbuilding on Lot #2 located in the side setback must be removed within 6 months of the date of approval.
Mr. Metcalf to incorporate the Erosion & Sedimentation Control bond as recommended by the Wetlands Commission into the total bond amount.
The ZEO to inspect for the removal of any cooking facilities located in the garage of Lot #3 prior to filing the mylars.
Mr. Metcalf to determine the need for a guiderail in the field at the time of construction.
Encroachment Concurrence is reviewed by the Town and Planning Commission Counsel.
The proposed fence along the Moore property is to be constructed of synthetic material.
Legal documents to be reviewed and approved by counsel.
Mr. Metcalf to review and approve the bond amount.
Comments by Mr. Metcalf will be incorporated into the mylar prior to signing.
Approval of the fee in lieu of open space.
Chris Kerr seconded the motion. The motion passed unanimously.
Respectfully submitted,
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