OLD LYME PLANNING COMMISSION
PUBLIC HEARING & REGULAR MEETING
November 10, 2005
Present were: Chairman Harold Thompson, Robert McCarthy, Connie Kastelowitz, Steve Ross, Chris Kerr, Alternates Nancy Strohla and Robert Pierson. Also present were: Ted Kiritsis, Scott Effinger, Dennis Hallahan, Joe Wren, Barbara McCarthy, Mark Diebolt and Kim Groves.
Chairman Thompson called the meeting to order at 7:30 p.m.
Robert McCarthy recused himself. Chairman Thompson seated Nancy Strohla in his place.
SUBDIVISION – SJE DEVELOPMENT – 3 LOT SUBDIVISION – FLAT ROCK HILL ROAD
Dennis Hallahan, P.E. presented the proposed three-lot subdivision. He noted each lot would have frontage on Flat Rock Hill Road therefore, require no public improvements. Mr. Hallahan stated the Wetlands Commission has approved this application. Mr. Thompson noted the wetland commission submitted a memo to the Planning Commission requesting a note be placed on the drawings stating any activity within 100 ft. of the wetlands would require a permit. Mr. Hallahan indicated he had not received that memo from the Wetlands Commission, but has absolutely no problem adding a note to the plans. Mr. Thompson noted he had also received a memo from zoning indicated the proposal complies with the zoning regulations.
Mr. Thompson stated the applicant has provided an appraisal of the property in order to determine the fee to be paid in lieu of open space. The appraisal amount is $149,000.00. Chris Kerr stated in his opinion this was a fair estimate. Chris Kerr also stated he did not agree with the recommendation of the Fire Department in its letter to the Planning Commission stating that additional means of fire protection such as the installation of an on-site water supply, installation of a residential sprinkler system, and or the installation of a remotely monitored fire alarm system. He noted affordable housing built two homes across from the site approximately two years ago and none of these installations were required. He felt this was placing an unnecessary burden on the
developer.
Mr. Ross stated this is he did not feel that open space was appropriate, whether it is a fee in lieu of or actual open space, he did not feel it was what the regulations intended.
Mr. Pierson stated last year there was a fire in this area and the water supplies in the area were dry and it became a difficult situation, therefore he felt it was an appropriate recommendation by the Fire Department. Mr. Thompson noted it was a recommendation by the Fire Department but not a requirement. Mr. Ross stated he felt the Fire Department suggested three options one of which was a sprinkler system which he felt was very expensive, however a monitored alarm system would be inexpensive. Chris stated it would be very difficult to police an alarm system.
Nancy Strohla asked if the large boulder on Lot #2 in the driveway had been addressed. Mr. Hallahan stated the plan had been revised to address this comment from Mr. Metcalf.
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Questions from the Audience
Barbara McCarthy – Flat Rock Hill Road – Ms. McCarthy noted she had sent a letter to the commission expressing her concerns. These concerns included an increase in highway noise as a result of clearing, the impact of blasting to the neighboring wells and foundations and a decrease in water supply.
Mr. Thompson indicated permits for blasting would be granted through the building permit. He also stated at that time inspections would be done as deemed necessary of the adjacent properties to insure that foundations and associated structures do not have any preexisting problems. He also noted the blasting company would be bonded.
Mr. Hallahan noted there are currently no plans for a buffer. He further stated the problem is the I-95 corridor. He stated in the future when I-95 is expanded perhaps a noise buffer would be installed since it is a residential area. Mr. Effinger stated the lots would only be cleared for the homes and a portion of lawn area. He further stated this portion of property is above I-95 so there is a ledge of rock that serves as a natural barrier.
Ms. McCarthy asked where she would seek assistance if something should change in her well as a result of the new construction. Mr. Ross suggested prior to any development she have a well driller measure her static level and recovery rate so there is a record, therefore if there is a problem or change after construction it would show any impact. Mr. Thompson also stated that information on her well might be available in the Health Department.
Mr. Kiritsis asked why the local neighbors have to pay for an evaluation on their well when an outsider is imposing something upon them. Mr. Ross stated because there is no definite likelihood that there will be an impact on the abutting properties. Mr. Ross stated there is no guarantee there will have to be blasting at the site. Mr. Kiritsis stated based on the discussion he felt the implication was there would be blasting. Mr. Ross stated it was conjecture. Mr. Kiritsis stated based on the conjecture there is a possibility it could impact the neighboring wells. Mr. Ross stated any cost to protect ones own property would be born by the property owner. Mr. Kiritsis asked based on what premise. Mr. Ross stated everyone carries insurance to protect his or her
property. Mr. Kiritsis stated he did not feel a cost should be imposed on the local neighborhood for protection that is caused by an outside owner. Mr. Kiritsis asked Mr. Ross if he was rendering an opinion or stating it was a requirement. Mr. Ross stated it was only a suggestion to establish a benchmark.
Harold Thompson made a motion to close the public hearing. Connie Kastelowitz seconded the motion. The motion passed unanimously.
100 ACRES, LLC – 2 LOT SUBDIVISION – 218 SHORE ROAD
Mr. McCarthy was reinstated for the public hearing on 218 Shore Road.
Joe Wren, P.E. licensed in the State of Connecticut representing 100 Acres, LLC also known as Cherrystones presented the proposed subdivision. Mr. Wren stated he has appeared before the Wetlands Commission and will be attending the Zoning Commission meeting for a Special Exception Application. The property is approximately 32 acres. The site is zoned both C-30 and LI-80 and a small portion of RU-40. The proposal is to separate 2.4 acres for the restaurant from the site and eventually propose a residential development in the remaining large parcel. He noted there are both tidal and inland wetlands on the property. The entire parcel is within the Coastal Boundary.
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Mr. Bellantoni, State Archaeologist submitted a letter stating that the proposed development should have no effect on the state’s archaeological resources. Mr. Wren stated at this point in time when the property is divided both parcels will remain in the same ownership, therefore the open space could be delineated on the parcel and once an association is formed it could be transferred. He noted he has met with Mr. George James regarding this issue and Mr. James is interested in getting a conservation easement for the fourteen acres the applicant is proposing for open space.
Mr. Wren stated the reason for the zoning application is to demonstrate the restaurant has retained enough acreage to meet the required amount of parking with the appropriate setbacks. He further noted the restaurant has an existing septic system on the property and is served by public water. Mr. Rose has indicated the site meets the Connecticut Public Health Code 19-13-B100a. Mr. Wren stated all of Mr. Metcalf’s comments have been addressed including that the remaining large parcel complies with the zoning regulations.
QUESTIONS FROM THE AUDIENCE
Neighbor – Asked Mr. Wren to locate the R-40 area on the map.
Harold Thompson made a motion to close the public hearing. Chris Kerr seconded the motion. The motion passed unanimously.
REGULAR MEETING
SUBDIVISION MODIFICATION – WOOD CREST ESTATES
Chairman Thompson stated the applicant has requested this item be tabled until next month.
PRELIMINARY DISCUSSION – MARK DIEBOLT – HATCHETTS HILL ROAD
Mr. Diebolt explained to the commission his proposal to separate out his existing building and construct a condominium development on the other newly create 30 acre parcel. The intended development would be similar to the one already approved on an adjacent parcel. He asked the commission for their input on how they felt about multi-family dwellings in the LI-80 zone. Mr. Diebolt stated it would be accessed from the existing road. Mr. Diebolt stated this proposal would require a zone change. Mr. Pierson suggested that the parcel lines should be established prior to seeking a zone change. He further stated it would be difficult for the zoning commission to grant a zone change on an undetermined area. Mr. Ross stated a concern would be a loss in tax
revenues in the LI-80 zone and potential cost of services to the town. He noted this was not an age-restricted development. Mr. Diebolt noted they were only two bedroom units.
LORDS WOODS – BASSAM AWWA
Steve Ross made a motion to grant the request for an extension of 60 days for filing and signing of the mylars. Chris Kerr seconded the motion. The motion passed unanimously.
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READING AND APPROVAL OF THE OCTOBER MINUTES
Steve Ross made a motion to waive the reading and approve the minutes as submitted. Connie Kastelowitz seconded the motion. The motion passed unanimously.
LOT LINE MODIFICATION – MCCARTHY & MONTANO – FLAT ROCK HILL ROAD
Mr. McCarthy recused himself. Robert Pierson will be seated.
The commission reviewed the plans. Ann Brown submitted a memo to the commission indicating the proposal complies with the zoning regulations. Mr. Rose also submitted a letter to the commission indicating the proposal complies with the Health Department. Attorney Mattern stated no legal documents were required.
Steve Ross made a motion to approve the lot line modification as presented. Robert Pierson seconded the motion. The motion passed unanimously.
Respectfully submitted,
Kim Groves
Land Use Administrator
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