OLD LYME PLANNING COMMISSION
PUBLIC HEARING REGULAR MEETING
September 8, 2005
Present were: Chairman Harold Thompson, Robert McCarthy, Connie Kastelowitz, Steve Ross, and Alternate Nancy Strohla seated for Chris Kerr, and Alternate Robert Pierson. Also present were: Kevin Kenny, Tony Hendriks, Attorney Hollow, Dave Coonrod, Birute Sessa, Thomas Sessa, Attorney Thomas Riley and Kim Groves.
Chairman Thompson called the meeting to order at 7:45 p.m.
PUBLIC HEARING – HIGH SPIRITS – 46 TOWN WOODS ROAD – BIRUTE & THOMAS SESSA
Dave Coonrod, the surveyor for the project, introduced himself and began his presentation. Mr. Coonrod stated this was a four-lot subdivision located on Town Woods Road. There will be a 50-ft strip in the middle of the four lots, which will be conveyed and joined to rear parcel which will remain in the ownership of the Sessa property. He also noted there is another access to the property at the High Hopes end of the property. He noted he had received comments today from Attorney Mattern, Tom Metcalf and Ann Brown. He noted do to the time frame in which he received the comments he has not had an opportunity to revise the plan, however he would like to address the issues raised with the commission.
Mr. Thompson asked the applicant if had submitted proof of mailings to the adjoining property owners. Mr. Coonrod stated the mailing receipts have been submitted to Kim Groves. Mr. Coonrod stated when the project was initially submitted to the Planning Commission an open space waiver was requested. He noted at that point the commission indicated they were not in favor of this request. Therefore, the applicant has submitted an appraisal of the property for the commission to consider for a fee in lieu of open space. Connie Kastelowitz indicated she would bring the appraisal to the Open Space Committee for their input.
Dave Coonrod indicated Ann Brown requested in her memo of September 8, 2005 that the 50’ strip to be conveyed to the Sessa’s should be combined with the adjacent rear lot. Mr. Coonrod indicated this was the intent of the applicant.
Dave Coonrod stated Attorney Mattern’s letter of September 7, 2005 discusses an old wood road which is shown on the plan. Mr. Coonrod indicated the road does not goes onto any other properties and is not intended to be access for any one else or any other use. He also noted the original division was approved back in April 2005. He further indicated Attorney Mattern’s comment #4 was an error on the plan, which would be corrected.
Mr. Coonrod discussed Mr. Metcalf’s comments with the commission. He noted Mr. Metcalf requested all the proposed grading associated with the house, driveway and septic system construction be shown on the plan. Mr. Coonrod stated this would be included on each individual plot plan when the zoning permits are submitted for the parcels. He further stated his engineer would address Mr. Metcalf’s comments prior to the next meeting.
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Mr. Thompson asked if sedimentation and erosion control had been shown on the plan. Mr. Coonrod indicated silt fences had been shown. Mr. Thompson also asked about fire protection. Mr. Coonrod indicated there was a pond located on the High Hopes property as well the subject parcels close proximity to Rogers Lake.
Steve Ross asked exactly how much open space is being considered. Mr. Coonrod stated it was appraised at $260,000 for the eight acres. Mr. Coonrod indicated the payment would be 10% of the appraised value.
Harold Thomas made a motion to close the public hearing. Connie Kastelowitz seconded the motion. The motion passed unanimously.
SUBDIVISION OF DAVID F. MULLER – 149 MILE CREEK ROAD
Attorney Tom Riley, of Tobin, Carberry, O’Malley, Riley & Selinger law firm presented the proposed subdivision. He noted he has submitted a subdivision application to the Planning Commission on behalf of his client, David Muller, to obtain approval for the lot retroactively. He explained his client’s sister, who owns an adjacent lot, intends to sell her property in the near future and a minor lot line adjustment is necessary to insure compliance of the subject lot to today’s zoning regulations. The lot at 149 Mile Creek Road has existed in its current size and dimensions since 1960, well before the town instituted any open space dedication requirements. Therefore, as part of the application, the applicant was submitting a request for a waiver of the open space
requirement associated with the application for a 1.44 acre lot. He further noted his client acquired the subject property in 1998 from a family member and only recently became aware of the fact that it had originally been created as a result of an improper subdivision in 1960. David Muller’s parents previously owned the land located along the west side of Mile Creek. He also stated although his client was not directly responsible for the improper subdivision of his family’s land over 40 years ago he is committed to trying to properly rectify the situation.
Steve Ross made a motion to close the public hearing. Robert McCarthy seconded the motion. The motion passed unanimously.
LOT LINE MODIFICATION – DAVID F. MULLER- 149 MILE CREEK ROAD
Steve Ross made a motion to approve the lot line modification and waive the subdivision and open space requirements. Connie Kastelowitz seconded the motion. The motion passed unanimously.
AMEND THE AGENDA
Harold Thompson made a motion to add a possible decision to the Muller Subdivision to the agenda.
Robert McCarthy seconded the motion. The motion passed unanimously.
DECISION – MULLER SUBDIVISION – 149 MILE CREEK ROAD
Steve Ross made a motion to approve the subdivision of the two lots David Muller and his sister, and waive the subdivision and open space requirements. Nancy Strohla seconded the motion. The motion passed unanimously.
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SUBDIVISION MODIFICATION – WOOD CREST ESTATES
Mr. Thompson noted there are still several outstanding items that need to be addressed. He noted that a letter was sent to both the Inland/Wetlands Commission and the Planning Commission from Mr. Metcalf. He state the letter was confusing because a lot of the content was based on information that came out the Inland/Wetlands meeting which the Planning Commission had not attended. He further stated that the drainage configuration that the Planning Commission reviewed was based on the obtaining of easements. The easements were not able to be obtained by the applicant from the adjoining property owners. He also noted there is the question of whether or not Conn DOT has approved the road location. This has impacted the drainage scheme for the project. He noted there was some
discussion and differing of professional opinions concerning the road drainage and how it was going to drain. Therefore, it has been recommended that it be examined by a representative of the Natural Resource Conservation Service. Mr. Thompson questioned whether Conn DOT needs to be contacted because they had been involved in the original approval that has since been modified. Mr. Thompson stated the Wetlands Commission has requested additional information that it will be reviewing with regards to the revised drainage.
Mr. Kenny asked to expand on some of Mr. Thompson’s comments. He noted that when Conn DOT did their initial review of the plan there sole interest was the sightline. He further stated none of the changes would involve the drainage into the state road. He further stated he felt that Mr. Metcalf has taken out of context from the earlier application, the wetland drainage from the subject property that goes into the state system is it going to cause any problems. With regards to the revised plans, the applicant has to meet the subdivision regulation criteria that post construction there will be a zero percent change in runoff. However, as a courtesy, Mr. Kenny indicated the applicant would forward plans to Conn Dot. He further stated as a result of Mr. Metcalf’s comments on the drainage proposal, that the applicant has retained Donald T. Biloux, P.E.. He stated that Mr. Biloux is one of the top hydrologist experts in the state. Mr. Thompson stated that the next Inland
Wetlands meeting would be in two-weeks and the applicant indicated he expected to have all the outstanding issues resolved. Mr. Thompson noted in the original proposal that was presented to the commission, there was pooling (impounding) on the north side of the road, and so there was a more delayed transport time for this water getting into the wetlands. The slower transport rate of the run off into the wetlands and then into Point O’ Woods area would minimized impact from this run off.
Attorney Leslie Hollow, counsel for the applicant, asked the commission if they intended to hold a public hearing for the Modification of Wood Crest Estates. Mr. Thompson stated, it was his opinion but he would like the input from the commission, that the general concept for this subdivision has not changed and really what is being addressed is the access and surface water drainage which is one aspect that is really under the jurisdiction of the Wetlands Commission. The commission agreed not to require a public hearing.
Attorney Hollow stated he wanted to make the commission aware that for purposes of protecting the applicant’s interest in the original application he has served upon Attorney James Mattern a full demand that the mylars be signed. However, he noted that does not change the request for a modification, but the time period to have the mylars signed and recorded is close to expiring and he felt it prudent to serve the commission’s attorney a formal demand and have it noted for the record.
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Mr. Thompson noted the agenda has an item requesting an extension for the signing and filing of the mylars. Attorney Hollow stated he understood that but because this letter went to Attorney Mattern today he did not want to come back before the commission next month and have anyone say that Attorney Hollow sent this demand and did not make the commission aware. Attorney Hollow submitted a copy of the demand letter for the commission to review.
Mr. Ross asked Attorney Hollow if he was requesting a 90 extension or immediate signing. Attorney Hollow stated if we get one then the other is obviously moot. Attorney Hollow stated his client is looking to have the mylars signed and he feels he has the legal grounds for that request. He further stated Attorney Mattern will review the letter and contact him and they can discuss whether they agree or disagree.
Chairman Thompson stated he has no problem with the 90-day extension, but as far as issues before counsel he did not have the expertise to take a position on that matter.
Mr. Ross asked Attorney Hollow if he was aware that the commission had the 90-day extension on their agenda when he sent the demand letter to Attorney Mattern. Attorney Hollow indicated he was aware of it. Mr. Ross asked then why did you not wait until after tonight to issue the demand letter or not issue it if you were satisfied with the extension.
Mr. Kenny stated since the Planning Commission is meeting tonight and the 90-day extension has to be requested tonight for action, because at the next meeting our first extension will have expired. Attorney Hollow said it was a courtesy to make the commission aware of the demand letter. He noted he has been in contact with Attorney Mattern to recommend to the chairman to sign the mylars and he found it now necessary to take this action.
Steve Ross asked when the demand letter was sent to Attorney Mattern. Attorney Hollow indicated it was sent this afternoon. Mr. Thompson stated it was dated September 8, 2005. Mr. Ross asked why Attorney Hollow did not wait until tomorrow. Attorney Hollow indicated he had been out of the office for the last couple of days or it would have went sooner.
Harold Thompson made a motion to continue the discussion of Wood Crest Estates until the October meeting with the hope that the wetlands concerns will be addressed properly by that time. He further added he was sure the applicant would be hearing from Attorney Mattern. Robert McCarthy seconded the motion. The motion passed unanimously.
Harold Thompson made a motion to alter some agenda items to address Items 6 & 7 at this time. Robert McCarthy seconded the motion. The motion passed unanimously.
WOODCREST ESTATES/SOUTH LYME ESTATES – 90 DAY EXTENSTION FOR FILING THE MYLARS
Harold Thompson made to motion to grant the extension. Robert McCarthy seconded the motion. Steve Ross voted against. The motion passed 4 to 1.
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PRELIMINARY DISCUSSION – OLD LYME HEIGHTS, LLC
Girard Marterilli, introduced himself on behalf of the applicant, Hussein Mushin. Mr. Marterilli stated he had appeared before the Inland/Wetlands Commission on an informal basis. The subject parcel is approximately 73 acres. The only access to this parcel is a 50-ft. strip. He stated after meeting with the Wetlands Commission they thought is would be beneficial to discuss with the Planning Commission possible access to the parcel that would not involve crossing the wetlands. It was noted the wetland was approximately 175 feet. Mr. Marterilli, explored several options with the commission. The commission gave its input and also suggested that they seek the expertise of the Fire Department since it involved excess road lengths and emergency access.
READING AND APPROVAL OF THE JUNE MINUTES
Rob McCarthy made a motion to waive the reading of the minutes and approve the minutes as amended. Nancy Strohla seconded the motion. The motion passed unanimously.
THE WOODS AT WHIPPOORWILL
Harold Thompson made a motion to grant the 90-day extension for filing of the mylars. Steve Ross seconded the motion. The motion passed unanimously.
Respectfully submitted,
Kim Groves
Land Use Administrator
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