OLD LYME PLANNING COMMISSION
PUBLIC HEARINGS & REGULAR MEETING
JUNE 8, 2006
PRESENT WERE: Chairman Harold Thompson, Vice Chairman Robert McCarthy, Steve Ross, Chris Kerr, Connie Kastelowitz, and Alternates Robert Pierson and Nancy Strohla. Also present were: Attorney Ted Harris, Jim Bernardo, Kevin Kenny, Tom Metcalf, Gary Henderen and Kim Groves.
Chairman Thompson called the meeting to order and made a motion to amend the agenda to add South Lyme Estates. This will be Item 1 a. on the agenda. Steve Ross seconded the motion. The motion passed unanimously.
CONTINUED PUBLIC HEARING - SUBDIVISION – 8 LOTS – NEW ENGLAND NATIONAL LLC 29-1 HATCHETTS HILL ROAD
Kim Groves stated for the record, the applicant has submitted a letter to the commission dated June 8, 2006 consenting to an extension of time to close the Public Hearing.
Attorneys Harris stated the plans have been revised to address the comments made in Mr. Metcalf’s letter of May 27, 2006. He also stated to the commission members that the Town Sanitarian, as the agent of the Department of Health, has jurisdiction to determine site suitability with regard to septic systems. He further noted that approval has been obtained subject to placing a note on the plan for engineered septic systems. Attorney Harris also noted that he was aware that the consulting engineer for the town has indicated that he was of the opinion there was still a question as to the suitability of the lots.
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Jim Bernardo, LS, representing the applicant New England National, LLC addressed the comments in Mr. Metcalf’s letter to the commission dated May 27, 2006. Mr. Bernardo stated he has reviewed the letter and made virtually all the requested modifications in the plans revised through June 5, 2006 whether he did or did not agree with the comment.
Mr. Bernardo reviewed item by item all comments as outlined in Metcalf’s letter with the commission members.
Item1 a. Mr. Bernardo stated he had met with Mr. McCarthy and discussed an area that would be appropriate for the turn around area. He noted this has been shown on Lot #6 of Sheet 5 of the plans.
Item 1 c. Mr. Bernardo stated the driveway would be paved. He stated Mr. Metcalf asked that the driveway is 16 ft to 18 ft wide with 1 to 2 ft gravel shoulders, but the applicant has chosen to do a 22 ft wide paved driveway.
Item 1 d. Mr. Bernardo stated this comment was regarding the DOT specifications and this has been addressed in the notes on the plans. General Note 12 on Sheet 2.
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Item 1 e. Mr. Bernardo indicated the driveway detail has been revised and two additional sheets have been added to the plans. This detail includes both sub- base and base material for the driveway.
Item 1 f. Mr. Bernardo submitted information that shows the sight line is 200 ft. which is adequate in 20-mph speed limit zone.
Item 1 g. Mr. Bernardo stated he had met with Mr. McCarthy and indicated he thought this issue had been resolved but noted Mr. McCarthy has not yet seen the revised plan.
Item 1 h Mr. Bernardo indicated a note has been added to the plan to indicate a driveway permit is required. General Note 21.
Item 2 Mr. Bernardo stated the boundary survey map has been revised to meet the requirements of the subdivision regulations. Sheet 3 is the boundary survey map.
Item 3 Mr. Bernardo stated he created Sheet #12, which basically shows, metes & bounds descriptions for both the conservation easement and shared driveway so they can be defined in a legal description.
Item 4. Mr. Bernardo stated he has fixed the irregular line.
Item 5. Mr. Bernardo stated a note with regard to “no onsite burial” did exist on the plan however he did include the additional language suggested Mr. Metcalf.
Item 6 a through d – Mr. Bernardo stated the plan was discussed with the Open Space Committee.
Item 7. Mr. Bernardo indicated this was an error on his part, which has been corrected on the sheet.
Item 8. Mr. Bernardo stated Lot #8 was a front lot until the layout was revised and access was now provided off the shared driveway, therefore the setback lines have been adjusted.
Item 9 a. Mr. Bernardo stated the minimum dimension squares were depicted but they were lost in some of the line work so they have been redrawn and labeled.
Item 9 b. Mr. Bernardo indicated additional test holes (a minimum of 5 on every lot to determine the compliance with the MABL) have been labeled to correspond with the lot numbers. Mr. Thompson asked if the test pits were flagged in the field. Mr. Bernardo indicated that they were not because it became very confusing in the field with the amount of flags on the site for the different requirements.
Item 10. Mr. Bernardo stated the Town Sanitarian, Mr. Rose, feels strongly that it is his responsibility and that the applicant has demonstrated compliance to his satisfaction. He further noted the commission has received a letter from Mr. Rose dated June 5, 2006. He noted he has added Mr. Rose’s requirements to every sheet of the plans. Mr. Thompson asked if the grading required for the systems is shown on the plans. Mr. Bernardo indicated all of the grading is shown on the plans.
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Item 10 c - Mr. Bernardo stated he does not feel there will be substantial grading associated with the house construction, therefore the grading shown on the plans is in compliance with the regulations. He further noted most of the grading would take place with the septic systems and the driveway construction.
Item 10 d – Mr. Bernardo indicated there will be full basements in all of the houses. A location has been shown for the footing drain discharge. He also noted these are only conceptual layouts.
Item 10 e – Mr. Bernardo indicated there is a chart that indicates the MLSS requirements. He stated he hoped this satisfied Mr. Metcalf’s comments but the applicant has demonstrated to the sanitarian’s satisfaction that these lots do support on site septic systems.
Item 10 f – Mr. Bernardo indicated the test had been performed but omitted from the plan. He stated it now has been added.
Item 10 g - Mr. Bernardo indicated that the statute actually reads “ that the Director of Health may require investigation of maximum ground water levels during the period of February 1st and May 31st. He noted he spoke with Mr. Rose and he feels the applicant has adequately addressed the issue regarding on-site septic.
Item 11. – Mr. Bernardo stated he has shown the grading as requested.
Item 12. -Mr. Bernardo indicated there is a benchmark shown on Sheet #3 with a note.
Item 13. – Mr. Bernardo stated anything greater than 5 acres requires a DEP permit, however he indicated the proposal is just under 5 acres.
Item 14. – Mr. Bernardo stated it would be the commission’s determination if a bond would be required for the shared driveway.
Item 15. – Mr. Bernardo stated a note has been added to the plan indicating a pre-construction meeting would occur prior to the start of the project.
Item 16. – Mr. Bernardo stated Item 16 has been added in a note on the plans.
Item 17. – Mr. Bernardo stated that as long as the plans are bound, only the cover sheet needs to be signed and sealed, however when the mylars are prepared each sheet will be signed and sealed as well as a signature block provided for the Chairman of the commission to sign.
Mr. Thompson stated the commission had received correspondence from Attorney Mattern dated June 8, 2006. Mr. Thompson reviewed the outstanding legal items outlined in Attorney Mattern’s letter.
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Mr. Thompson also noted the commission received a letter from the Open Space Committee, which indicated they were missing the written report that is called for in the subdivision regulations. This information is supposed to include a description of natural resources on the Open Space tract, proposed use of the tract, and proposed ownership of the tract.
Mr. Bernardo stated that the open space will be most likely conveyed to the Old Lyme Conservation Trust.
Mr. Ross stated that since this parcel abuts an industrial zone he feels a note should be put on each property deed so the buyer will be aware of the activities of the properties located in the industrial zone. Mr. Pierson and Mr. McCarthy both concurred with Mr. Ross’s comment.
Mr. Pierson asked Mr. McCarthy how the length of the driveway would impact an ISO review. Mr. McCarthy indicated it would not be a problem.
Harold Thompson made a motion to continue the public hearing until the July meeting. Connie Kastelowitz seconded the motion passed unanimously.
Chris Kerr left the meeting and Robert Pierson will be seated for the remainder of the meeting.
PUBLIC HEARING – SUBDIVISION – 5 LOTS – FMTM, LLC – 254 BOSTON POST ROAD
Mr. Thompson stated Lee Rowley, agent for the applicant, submitted a letter to the commission dated June 7, 2006 requesting the public hearing be continued until the July meeting.
Harold Thompson made a motion to continue the public hearing until the July meeting. Robert McCarthy seconded the motion. The motion passed unanimously.
REGULAR MEETING
SUBDIVISION MODIFICATION – WOOD CREST ESTATES – 392 SHORE ROAD
Mr. Thompson reviewed the correspondence received on this matter with the commission.
Mr. Kenny, representing Wood Crest Estates, indicated there are four components to the requested subdivision modification. Mr. Kenny stated the first component is to modify the approved water treatment. Mr. Kenny indicated that Mr. Metcalf’s response letter to the commission recommended approval of the Stormceptor Model 2400 system in lieu of the Vortech Model 5000 system.
Mr. Thompson stated it is not clear in the documentation that when the original proposal was presented to the commission that one system was designed for a 10 year storm and the other was designed for a one inch fill. Mr. Thompson further stated that both systems are covered by the statutes, but one was more conservative. He noted the system is still acceptable and Mr. Metcalf has stated that it meets the state requirements, however he noted for the record “ that although the systems are both acceptable they are not identical.” Mr. Thompson stated the commission received a letter dated June 2, 2006 letter stating that the Vortechnic system is a benefit to the town because of the expense of replacing the system in the future.
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Mr. Thompson stated he felt this was a false statement because in most cases concrete is the cheapest material used on a construction site. He noted the high cost is a result of the machinery and manpower required to do the work.
Connie Kastelowitz asked what the reason was for changing from the Vortechnic to the Stormceptor when it was obvious the two differed from 10-year storm and the first inch flush. Mr. Kenny noted it was not obvious to his principal consultant, McDonald & Sharpe, he felt they took the suggestion of another party. He further stated after working with his contractor on the site who indicated the unit was not easy to install and would require a crane. This was when he began to look for an alternative and the Stormceptor was recommended and became very quickly the choice. He further stated if the Vortechnics required a crane to install it would also require a crane if and when it needed to be replaced and this would be a town expense.
Mr. Ross stated he felt the commission was wasting its time, he stated the engineer has approved the alternative, therefore the commission should move forward. Mr. Pierson indicated he concurred with Mr. Ross.
Mr. Thompson stated there are other issues in the modification which include the bonding, phasing of the construction and reduction in the private driveway length.
Mr. Kenny indicated the second item was the modification of the northerly and southerly private driveways. Mr. Kenny stated they have been reduced in length, which will reduce the number of trees to be removed, as well as the impervious pavement. Mr. Kenny stated the third item was to phase the subdivision into two phases. He stated Phase A would consist of the northerly five lots and the northerly private driveway. He stated Phase B would consist of the southerly six lots and the southerly private driveway and the entire proposed town road (Wood Crest Drive). He stated the reason for this request was because of the inclement Spring weather as well as the fact the commission does not meet in August. Therefore, Mr. Kenny noted he understood there was not enough
time to address the bonding at this point, but asked if the commission if they would be able to act on the bonding amount at their July meeting. Mr. Kenny asked the commission if they could just approve the phasing concept so the applicant would know which direction to proceed.
Mr. Thompson stated Attorney Mattern indicated in his letter to the commission on July 8, 2006 that he had no legal objection to having each phase bonded either through a restoration bond or a completion bond as construction is maintained or completed.
Steve Ross made a motion to approve the subdivision modification of Wood Crest Estates and that the amount of bonding be approved by the commission’s engineer in order to be acted upon at the July meeting. Connie Kastelowitz seconded the motion. The motion passed unanimously.
MODIFICATION – SOUTH LYME ESTATES
Mr. Thompson reviewed the correspondence the commission received on this item. He stated Attorney Mattern indicated in his letter that he is of the opinion that this is a Resubdivision. Mr. Thompson stated the very purpose of declaring an application a Resubdivision is to allow public comment on the application.
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Steve Ross made a motion to schedule a public hearing for the July meeting contingent upon the applicant submitting the required application. Robert McCarthy seconded the motion. The motion passed unanimously.
ORIGINAL DIVISION – RICHARD AMES – WHIPPOORWILL ROAD
Mr. Metcalf stated the commission had received a letter from Attorney Hudson on behalf of the applicant. He confirming in writing that this property was not a subdivision or a resubdivision. The property is located on Whippoorwill Road. He stated Parcel A was the first parcel out of the Ames Estate. He stated in the late 1980’s the remaining parcel was subdivided. He noted Parcel B was a lot in one of the subdivisions of the remaining land. Mr. Metcalf stated that several years ago these parcels were combined into a single lot and now Mr. Ames’ was proposing to divide the parcels again. Mr. Metcalf indicated the boundary lines are not being changed from what was originally approved and no additional lots are being created.
Mr. Metcalf noted he had demonstrated compliance with the regulations on the plans with regard to the bulk square, MABL square, MABL area, test holes, percolation tests etc.
Mr. Thompson stated that Attorney Mattern has indicated that no legal documents are required. Mr. Metcalf stated that Attorney Mattern requested in his letter that the plans indicate that an easement exists for “Lot 2” sharing an access driveway from Whippoorwill Road. Mr. Metcalf noted this change would be corrected on the plans.
Steve Ross made a motion to approve the Original Division of Richard Ames on Whippoorwill Road. Robert McCarthy seconded the motion. The motion passed unanimously.
FOUR PONDS DEVELOPMENT – PRCD – 313-355 BOSTON POST ROAD
Gary Henderen stated that he had appeared before this commission about a month ago. He noted at that time the issue came to our attention that an alternate plan needed to be submitted as a standard subdivision. Therefore, he presented a standard subdivision plan that now includes 28 lots rather than 33 lots. This plan includes potential septic, well and home sites. He noted approximately 15 test pits have been done at the site, however not on every single lot, because it was always intended to be a PRCD with a common septic system.
Mr. Pierson read Section 36.9.4 of the Old Lyme Zoning Regulations (Alternative Conceptual Site Plan – Preliminary and Formal Submissions). Mr. Henderen said he has provided soil types mapping, 15 test pits and an additional 6 or 7 test pits done by WMC. He further stated there are sections in this parcel which are unbuildable including the dedicated open space.
Steve McDonnell, WMC Engineering, on behalf of the applicant stated he has submitted this plan to the DEP for review of the common septic system. This system will be designed beyond the capacity needed for the 28 lots. Mr. McDonnell explained that the application to DEP is a multi-step process. Typically a conceptual plan is done not including test pits, and this conceptual report is submitted to the DEP. Once the DEP agrees that conceptually this plan could work then a formal application is submitted. After this a process begins which is called a “A Notice of Tentative Determination” and after that point the Commissioner of the DEP will allow the applicant to place a notice in the paper stating the commissioner intends to a issue permit for this specific project.
Then a 30-day public comment period begins and final plans are submitted.
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Mr. Hendren stated he is anticipating that the Site Plan Approval process could be provided at the point the conceptual design is accepted by DEP. He clarified that the final approval will not be granted until after the construction of the system.
Mr. McDonnell noted the system being considered is identical to the system at the Middle/High School Complex. Mr. Thompson asked how this system would compare to systems in adjacent towns. Mr. McDonnell stated the schools have a conventional collection system and all the waste is carried to a building behind the high school. This wastewater treatment plant is a biological process, but also has membranes for treatments of very high level, which makes it almost capable of producing drinking water. Then it is goes into a leaching system for more treatment before it enters the groundwater. He noted this is the same system designed for the Westbrook Factory Stores, however they recycle 90 percent of the water back into the system for flushing toilets. Mr. Thompson asked what the
life expectancy was for the sand filtration system. Mr. McDonnell stated it would last forever.
Mr. Hendren asked what level of information is required on the conceptual plans. Mr. Thompson suggested he speak with Mr. Metcalf with regard to any specific information. Mr. Hendren presented the commission with some sample houses that will include the size and design standards that will be followed in this project. Mr. Hendren also submitted sample covenants and a traffic report for the commission to review. Mr. Thompson suggested this information be forwarded to Mr. Metcalf along with the road specifications.
Mr. Hendren also discussed the information he provided to the Open Space Committee as far as walking trails, benches, parking, etc.
LOT LINE MODIFICATION – BIRUTE & THOMAS SESSA – TOWN WOODS ROAD
Dave Coonrod, Surveyor, for the project presented the modification. He noted both health and zoning had approved the application.
Steve Ross made a motion to approve the Lot Line Modification for Birute & Thomas Sessa on Town Woods Road. Robert McCarthy seconded the motion. The motion passed unanimously.
LOT LINE MODIFICATION – MARSH ABRAHAMSON – 4-1 CRAIG ROAD
Marsha Abrahamson presented the proposed modification. The commission reviewed the plan.
Steve Ross made a motion to approve the Lot Line Modification for Marsha Abrahamson at 4-1 Craig Road. Connie Kastelowitz seconded the motion. The motion passed unanimously.
SUBDIVISION – CHERRYSTONES RESTAURANT – EXTENSION OF FILING MYLARS
Steve Ross made a motion to approve the extension for filing the mylars for Cherrystones Restaurant. Connie Kastelowitz seconded the motion. The motion passed unanimously.
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PRELIMINARY DISCUSSION – HUSSEIN MUHSIN – OLD LYME HEIGHTS SUBDIVISION
Steve Ross made a motion to table this item until the July meeting. Robert McCarthy seconded the motion. The motion passed unanimously.
READING AND APPROVAL OF THE MAY MINUTES
Robert Pierson made a motion to approve the minutes as written and waive the reading. Connie Kastelowitz seconded the motion. The motion passed unanimously.
Respectfully submitted,
Kim Groves
Land Use Administrator
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