OLD LYME PLANNING COMMISSION
PUBLIC HEARING REGULAR MEETING
July 14, 2005
Present were: Vice Chairman Robert McCarthy, Connie Kastelowitz, and Alternate Alan Bayreuther seated for Chris Kerr, and Alternate Robert Pierson seated for Harold Thompson, and Alternate Nancy Strohla seated for Steve Ross. Also present were: Kevin Kenny, Tony Hendriks, Attorney Mark Block, Jeff Flower, Gary Hendren, Attorney Leslie Hollow and Kim Groves.
The Vice Chairman Thompson called the meeting to order at 7:30 p.m.
PUBLIC HEARING – HIGH SPIRITS – 46 TOWN WOODS ROAD – BIRUTE & THOMAS SESSA
The Vice Chairman noted the agent for the applicant, David M. Coonrod, L.S. has submitted a letter to the commission granting an additional 35 day extension to continue the public hearing due to the fact the abutterss had not been properly notified by the applicant. Robert Pierson made a motion to grant the extension and Alan Bayreuther seconded the motion. The motion passed unanimously.
SUBDIVISION – LORDS WOODS – 10 LOTS – LORDS MEADOW DRIVE – APPLICANT: BASSAM AWWA
Vice Chairman McCarthy noted the commission had received correspondence from Attorney Mattern dated July 14, 2005, Ann Brown, ZEO dated July 14, 2005 and Thomas Metcalf, Consulting Engineer dated July 13, 2005. He further stated in each of these letters there were conditions that should be part of the approval when the commission renders a decision on the application. Attorney Block stated with regard to the road right-of-way which extends beyond the temporary cul-de-sac shown on the original plan it was his understanding, after discussing it with counsel for the Board of Selectmen, that the town was not willing to accept this parcel. Therefore, as a result of that the plan has been revised to show the parcel as being retained by the applicant for future roadway purposes. Attorney Block further
added the comment made by Mr. Metcalf was that the parcel retained by the applicant would also have a note placed on the plan indicating it was not a building lot. Connie Kastelowitz asked if the size of the tank had been resolved. Attorney Block indicated a 30,000 gallon tank would be installed. Nancy Strohla stated Mr. Metcalf raised the issue that the tank location should be verified. Mr. Hendriks stated the property lines shown on the plan are representative of where the exact property lines are based on our CAD programming.
Mr. Pierson made a motion to approve the Lords Woods Subdivision, Lords Meadow Drive conditional upon:
The comments being addressed in Attorney Mattern’s memo of July 14, 2005.
The comments being addressed in Thomas E. Metcalf’s letter of July 13, 2005.
The comments being addressed in Ann Brown’s memo of July 14, 2005.
A bond amount be submitted and reviewed by Mr. Metcalf and posted in a form acceptable to the town prior to the recording of the mylars.
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July 14, 2005
Attorney Block asked if the motion could be amended because he was concerned about the legality or appropriateness of an agreement between the Concascia’s and the developer being recorded on the land records. Mr. Pierson amended his motion that an agreement be worked out between Attorney Block and Attorney Mattern as to the agreement with the Concascia’s. Nancy Strohla seconded the motion.
Mr. Hendriks wanted to clarify that the open space was intended to go to the Town of Old Lyme. The commission indicated they did not see this as a problem. The motion passed unanimously.
PRELIMINARY DISCUSSION – FOUR PONDS DEVELOPMENT, LLC. – BOSTON POST ROAD – PLANNED RESIDENTIAL CLUSTER DEVELOPMENT
Gary Hendren, one of the potential developers, presented the preliminary proposal for the site. The parcel is located along Boston Post Road. The parcel consists of 83 acres. He noted there are several ponds located on the property. Mr. Hendren noted Doane & Collins engineering firm has done some preliminary work on the parcel. The site is intended to be developed as a PRCD. Mr. Hendren stated there is adequate area to develop 29 three bedroom homes. He also noted there are 9.35 acres of wetlands that have been flagged, and 15 acres over 20% slope, which leaves about 32 acres of buildable land. Each of one the buildings is separated by 100 feet. There is a 100 ft. buffer around the property. There are 200 ft. buffers
between the clusters. He also noted there is a location between the valleys on which they would like to build a community center with an activity room and swimming pool. Mr. Pierson asked if the community septic would require state approval and if so the applicant should deal with the state approval prior to beginning the process with the Planning Commission to avoid getting into time constraints with the approval process. Mr. Hendren noted there was a corridor of open space approximately 15 to 20 acres running through the property. He further added they would be willing to allow a connection for hiking trails should the Open Space Committee desire. Mr. McCarthy stated the drawing showed Nicoja Way and asked if there was actual physical access to that property. Mr. Hendren stated that was correct, however there was some confusion as to the actual location on the property line.
SUBDIVISION MODIFICATION – WOOD CREST ESTATES
Leslie Hollow, Attorney for the applicant submitted the mylars for both South Lyme and Wood Crest Estates which have been revised to incorporate all the corrections. Kim Groves requested two additional paper copies for the file. Kevin Kenny, the developer of Wood Crest Estates stated he had filed an application yesterday with the Inland Wetlands Commission. He further explained he was aware the commission could not act on the application but he wanted to review it with the commission to avoid any future delays. Mr. Kenny stated one of the issues in the original approval, as a result of the design philosophy for stormwater management by our engineers, the drainage coming down the road is discharged to the northerly side of the road which would pond for a few hours or a half a day and then
would gradually flow out. He further stated this wetlands are extremely flat and was determined during the process and the question was raised by Mr. Metcalf would any of the water back up north of the property line on the adjoining property. Mr. Kenny stated a study was conducted and determined that this did happen (also in Mr. Metcalf’s comments was the fact that if this did occur easements should be obtained from the adjoiners) and there was an attempt to do this that was not successful. Therefore, the engineers have now done a new drainage study requiring an additional modification from the original approval. One of the prinicipal changes the Inland/Wetlands
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July 14, 2005
Commission requested was to eliminate the curbing on the entire easterly side. Mr. Kenny stated when the drainage study was redone it was determined that we did not have to detain stormwater on the northerly side of the road so there would be no ponding on the neighboring properties. Therefore, we are now proposing to remove the weir and level spreader. Mr. Pierson noted Mr. Metcalf indicated in a letter to the commission he has not yet had time to review the proposed modification which he received on July 2, 2005. Robert Pierson made a motion to receive the application and set for discussion at our September meeting. Nancy Strohla seconded the motion. The motion passed unanimously.
LOT LINE MODIFICATION – DAVID F. MULLER – 149 MILE CREEK ROAD
Robert Pierson made a motion to receive the application for discussion at our September meeting. Nancy Strohla seconded the motion. The motion passed unanimously.
ONE LOT SUBDIVISION – DAVID F. MULLER – 149 MILE CREEK ROAD.
Robert Pierson made a motion to receive the application and set it for public hearing at our September meeting. Alan Bayreuther seconded the motion. The motion passed unanimously.
READING AND APPROVAL OF THE JUNE MINUTES
Nancy Strohla made a motion to waive the reading of the minutes and approve as written. Alan Bayreuther seconded the motion. The motion passed unanimously.
CUMMINGS PROPERTIES
Mr. Flower presented a schematic drawing of the proposed layout for the property. He noted since the commission had last visited the site all of the test holes have been done, the ledge has been identified and some of the engineering completed. The parcel consists of approximately 20 acres with three existing homes. Mr. Flower stated he recently attend a meeting of the Board of Selectmen to clarify the status of the
existing driveway into the site. Mr. Hendriks stated there is a fixed property line along the south edge and a 50 foot right of way is being proposed that meets the town criteria but because of the tight knit radii along that property line they need to meander the center line of the road. The commission reviewed the proposed design. Mr. Flower stated he would be back before the commission with a subdivision proposal in the near future.
Respectfully submitted,
Kim Groves
Land Use Administrator
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