OLD LYME PLANNING COMMISSION
PUBLIC HEARING & REGULAR MEETING
MAY 12, 2006
Present were: Chairman Harold Thompson, Connie Kastelowitz, Chris Kerr, Alternate Nancy Strohla seated for Rob McCarthy, Alternate Robert Pierson seated for Steve Ross. Also present were: Tony Hendriks, Kevin Kenny, and Gary Yuknat.
PUBLIC HEARING
SUBDIVISION – 8 LOTS – NEW ENGLAND NATIONAL, LLC – 29-1 HATCHETTS HILL ROAD.
Attorney Ron Stevens was present to represent the applicant, New England National, LLC.
Attorney Stevens submitted several items for the public hearing record:
Proof of mailing receipts to the adjacent property owners.
A letter from Robert McCarthy, Fire Chief, to the Planning Commission
A letter from Ron Rose, Town Sanitarian to the Planning Commission.
Attorney Stevens stated the application is to subdivide 44 acres into 8 building lots. He stated the proposal also includes 9 acres of dedicated open space and 6.5 acres encumbered by a conservation easement. He further noted there would be no waivers required for this application. He also reported this application is currently before the Inland/Wetlands Commission.
James Bernardo, Land Surveyor for the project oriented the commission with the site. He noted the Inland/Wetlands commission walked the site on May 3, 2006. He stated as a result of the site walk the commission asked the applicant to consider designing driveway access for Lot #8 from the shared driveway and eliminating the individual driveway for this lot. Mr. Bernardo submitted the plans revised through May 11, 2006 to the commission reflecting this change and stated these plans will also be presented to the Inland/Wetlands Commission at their next meeting on May 23, 2006. Mr. Bernardo also reported he received a letter from Ann Brown, Zoning Enforcement Officer indicating that the lots shown on the plans comply with the zoning regulations.
Mr. Bernardo discussed the letter with the commission he had received from the Old Lyme Fire Chief. He noted Mr. McCarthy was presently out of town, however he is in the process of discussing possible options to address the concerns raised in his letter of May 7, 2006. He stated they had discussed the installation of a water tank at the site as well as requiring sprinkler systems for the individual residences. He further noted they were discussing some design changes to the plans that would allow for safe passage and adequate turning areas for emergency response equipment.
Mr. Thompson asked if this was intended to be a town road. Mr. Bernardo indicated it was a shared driveway approximately 22 ft. in width.
Mrs. Kastelowitz asked what the land characteristics were for the open space parcel. Mr. Bernardo indicated a good portion of the parcel was wetlands. He also noted there is no opportunity to connect with other adjacent open space parcels in the area. Mrs. Strohla asked if the General Notes in Ann Brown’s letter to the commission had been addressed. Mr. Bernardo indicated they are no longer a concern because the layout of the driveway has been changed in the revised plans. Mr. Kerr stated the good thing about the location of the open space is that it provided a buffer between the homes proposed and the homes located on Whitman Lane. Mr. Kerr also asked if the water supply considered was located on Hawthorne Road or the pond across from the
Sennheiser building. Mr. Pierson stated the pond located at the beginning of Hawthorne Road was not considered to be a year round water supply.
Ellen Krasny - Chestnut Hills Resident
She expressed concern about an open trench located somewhere between her property and the proposed subdivision. Mr. Bernardo indicated the trench was actually test holes that were done for the purposes of determining soils suitability to meet health code requirements. Mr. Bernardo noted the property between the proposed subdivision and her property was owned by the Chestnut Hills Homeowner’s association. Mr. Bernardo also answered questions with regard to the concerns she expressed as to the proximity of the proposed wells and septic locations to her property.
Gary Yuknat – Owner of Shoreline Sanitation
Mr. Yuknat stated he is the owner of Shoreline Sanitation which is located in a LI-80 zone and is in compliance with all the town regulations. He stated approximately 15 years ago a portion of Hatchett’s Hill Road was developed. He stated at that time he asked the Planning Commission to require a buffer between the residential zone and the commercial zone. He stated the buffer was established between the zones. Mr. Yuknat stated he presently moves 3 million gallons of sewage up Hatchetts Hill Road. Therefore, he stated whoever purchases Lot #1 will never be happy because of their proximity to his business. Mr. Yuknat further stated the road needs to be upgraded and straightened out and currently has very poor visibility. He concluded by stating he was
very concerned about this house location.
Mr Thompson noted since the commission has not received comments from Mr. Metcalf or Attorney Mattern the hearing would be continued.
Attorney Stevens addressed the comment by Mr. Yuknat with regard to improving the roadway (Hatchetts Hill Road). He stated that this is not the responsibility of the applicant/developer of the subdivision. He concluded by stating he felt this was a good application with minimal impact to the town. He also stated if there was going to be noise for Lot #1, then there will be noise, but it should not prohibit a lot from being developed because of its close proximity to an existing business.
Mr. Pierson stated Mr. Yuknat just wanted to make everyone involved in the process aware of the situation.
Harold Thompson made a motion to continue the public hearing. Connie Kastelowtiz seconded the motion. The motion passed unanimously.
REGULAR MEETING
ORIGINAL DIVISION – RICHARD AMES – WHIPPOORWILL ROAD
Harold Thompson made a motion to table this item until the June meeting. Connie Kastelowitz seconded the motion. The motion passed unanimously.
LOT LINE MODIFICATION – CHARLES & DIANE VARLEY – 31 KATHERINE ROAD
Mr. Thompson stated the commission has received letters from both the Zoning Officer and the Town Sanitarian indicating the proposal complies with the regulations. He further noted Attorney Mattern has indicated that no legal documents are required.
Robert Pierson made a motion to approve the lot line modification for Charles & Diane Varley located at 31 Katherine Road. Chris Kerr seconded the motion. The motion passed unanimously.
SUBDIVISION – FMTM, LLC – 254 BOSTON POST ROAD
Harold Thompson made a motion to receive the application and set it for public hearing in June. Connie Kastelowitz seconded the motion. The motion passed unanimously.
SUBDIVISION MODIFICATION – SOUTH LYME ESTATES – SHORE ROAD
Mr. Thompson reported that Mr. Kenny submitted plans and an application to the commission office on Friday afternoon. He noted they were forwarded on Monday to the appropriate agencies for their comments and review. He noted a letter was submitted to the Planning Commission dated May 8, 2006 from the office of Angus McDonald/Gary Sharpe & Associates.
Mr. Kenny reported that the Department of Transportation sent a letter to him dated May 1, 2006 regarding the State right-of-way boundary fronting the property of South Lyme Estates. They noted in their letter that it is evident that the right-of-way line traverses into the pavement of Route 156 within the area of the existing driveway. Therefore, they requested as part of the approved subdivision that an additional right-of-way be granted to the State, within this area.
Mr. Kenny asked the commission to grant approval of the modification of a portion of the property lines of Lots 2 and 3, to address the request of the D.O.T per their letter of May 1, 2006. He noted the office of McDonald/Sharpe Associates has verified that both lots will continue to be in compliance with all zoning and subdivision regulations.
Mr. Thompson read the letter from the State D.O.T. into the record. Mr. Kenny reviewed the revised plans with the commission. Mr. Thompson asked Mr. Kenny if the MABL requirements for Lot #2 and #3 are still in compliance. Mr. Kenny stated it changed the numbers on the MABL, but they were still within the requirements. Mr. Thompson suggested approving the modification pending approval letters from Attorney Mattern, Tom Metcalf and Ann Brown.
Mr. Kenny asked if Mr. Thompson was suggesting approving the modification subject to receipt by staff of favorable reports.
Harold Thompson made a motion to approve the modification pending favorable responses from Attorney Mattern, Tom Metcalf and Ann Brown. Nancy Strohla seconded the motion. The motion passed unanimously.
SUBDIVISION MODIFICATION –WOOD CREST ESTATES – SHORE ROAD
Mr. Kenny presented the following modifications requested by Kenwood, LLC.
Modification of the termination point for both common drives. He noted this will
result in a reduction in the extent of tree clearing and impervious pavement. He stated the office of McDonald/Sharpe Associates has verified that the lots involved in the relocated end points of the drives will continue to be in compliance with the zoning and subdivision regulations.
Modification of the storm water treatment unit from the Vortech Model 5000 to the Stormceptor Model 2400. Mr. Kenny stated this modification was submitted April 12, 2006 to Mr. Metcalf, but he has still not responded. He further noted the Wetlands Commission at their April 2006 meeting approved this change pending receipt of letters from Ann Brown and Tom Metcalf. Therefore, he requested the Planning Commission do the same.
Kim Groves noted for clarification that Mr. Metcalf received revised drawings on Friday, May 5, 2006. Mr. Kenny stated Mr. Metcalf has had the information on the storm ceptor for over a month. Mr. Kenny stated this time delay has put him in a bind with the construction at the site. Therefore, he asked the Planning Commission to take the same action the Wetlands Commission did and approve the application pending a favorable report from Mr. Metcalf. Mr. Thompson stated there are a number of changes outlined in the letter from Angus McDonald/Gary Sharpe & Associates that he would like Mr. Metcalf to have the opportunity to review. Mr. Kenny stated he felt the engineers went over board in their explanation of the changes, which
makes the changes appear to be more substantial than they really are.
Kim Groves clarified that Mr. Metcalf has not had the drawings for a month. She also noted that there may have been dialogue for a month, however Mr. Metcalf does not review applications until they are forwarded to him by the town for his review.
Mr. Kenny stated with regard to the Stormceptor it has been ongoing for over two months. Mr. Thompson stated if the Stormceptor is such a simple change then why is there any hesitation. Mr. Kenny stated he just would like to avoid having to wait another month for the commission to meet. Mr. Thompson stated if the comments are received and they are favorable he would be happy to hold a Special Meeting.
Modification of the restoration bonding, and erosion and sedimentation bonding, to reflect the appropriate portion of the total bonding amount, to be assigned to each Phase/Section. Mr. Kenny stated Kenwood, LLC does not construct homes, therefore they usually bring in one or two quality home builders. He indicated he has had interest from several builders, however they do not want to take over an eleven lot project. Therefore, he suggested phasing the project into two sections. Phase I to be Lots 1 through 5 and Phase II to be Lots 6 through 11 and Wood Crest Drive to be Section B.
Chris Kerr indicated he thought the driveway reconfigurations were an improvement. Mr. Pierson stated he would be willing to hold a Special Meeting. Mr. Kenny expressed concern that Attorney Mattern only reviews Planning Commission work once a month prior to the meeting. Mr. Thompson stated Attorney Mattern usually waits to just prior to the meeting because there always seems to be a flurry of activity coming in just prior to the meeting so he can review it all at once. However, if the commission is holding a Special Meeting he was sure he would be willing to review something at that time.
Harold Thompson made a motion to wait for the review to be completed by Mr. Metcalf and ask Attorney Mattern if he could review it at that time and once the commission has received these responses the commission will schedule a Special Meeting. Connie Kastelowitz seconded the motion. The motion passed unanimously.
READING AND APPROVAL OF THE APRIL MINUTES
Bob Pierson made a motion to approve the minutes of the April meeting. Nancy Strohla seconded the motion. . The motion passed unanimously.
Respectfully submitted,
Kim Groves
Land Use Administrator
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