OLD LYME PLANNING COMMISSION
PUBLIC HEARING & REGULAR MEETING
DECEMBER 14, 2006
Present were: Harold Thompson, Steve Ross, Chris Kerr, Robert McCarthy and Alternate Nancy Strohla. Also present were: Attorney Michael Cronin, Bob Doane, Tony Hendriks, Kim Groves and other members of the public.
PUBLIC HEARING
CONTINUED SUBDIVISION – FOUR PONDS DEVELOPMENT, LLC – 313-335 BOSTON POST ROAD.
The applicant submitted a letter formally withdrawing the application due to lack of proper notice to the adjoining property owners.
SUBDIVISION – ENOK PEDERSEN – BURR ROAD
Attorney Michael Cronin and Robert Doane were present to represent the applicant, Enok Pedersen, on the proposed subdivision. Attorney Cronin stated the property is 87 acres and is located on the southerly side of Burr Road.
Bob Doane, Professional Engineer and Licensed Land Surveyor, introduced the project. He submitted the proof of mailing receipts indicating the adjoining property owners had been notified. The proposal is to divide the parcel into 17 lots including 26 acres of open space and 20 acres of conservation easements. The project will be accessed by two town roadways. One roadway length will be 1,800 ft ending in a cul-de-sac and the other will be 850 ft ending in a hammerhead. He noted each of the lots average about 3 acres in size. He stated the significant features of the site are the wetlands (including 5 vernal pools) and the stream belts that run through the property. He noted one of the vernal pools is located in a section of open space that will have no activity. He
stated he has done numerous soil tests throughout the property for the installation of the sub-surface sewage disposal systems. He noted that this testing had demonstrated that on each of the individual lots there is an area suitable for a code compliant sanitary system as well as 100 percent reserve area. He also noted each lot will be served by an individual well.
Mr. Doane stated he had received a letter from the Old Lyme Fire Department requesting a 30,000 gallon water storage tank. He further noted he would be communicating with the Fire Chief to determine a location for the tank. The tank will be fiberglass and will be accessed as required.
Mr. Doane stated one of the important issues is the stormwater management both for water quality and quantity. He indicated a lot of work has been done on analyzing the stormwater system. He noted a report has been submitted to Mr. Metcalf for his review. The report covers the entire developed area versus the existing area and the flow from each and determines the increase in runoff that is caused by impervious areas
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including both the roadway, driveways and the change in characteristics from wooded areas to lawn and houses. He noted a stormwater detention basin has been designed to handle all of the runoff from the roadway system. He stated all of the runoff. with the exception of 160 ft. at the beginning of the roadway, is directed to that stormwater detention basin which is a water quality basin as well. The calculations demonstrate that at the detention basin the amount of water coming into the basin will reduce the flow significantly from the runoff coming from the roadway. The runoff from the individual sites will be handled by individual groundwater recharge systems for each of the lots.
Mr. Ross asked why a water tank was proposed instead of different water source since there are two streams on the property. Mr. Doane indicated there was not a sufficient pond area in any of the streams to install a pipe. He further stated they would need to dig a pond in one of the water sources to have sufficient water for the site. He noted the advantage of the tank is it can be placed immediately adjacent to the roadway. Mr. Ross asked if there were any water sources in the proximity of the site. Mr. Doane indicated he had considered utilizing Mr. Pedersen’s pond but the elevations did not allow this to be a viable water source.
Chris Kerr asked who would maintain the tank. Mr. Doane indicated it would be the responsibility of the town after the developer installs and fills the tank.
Mr. McCarthy asked if the ownership of the open space had been resolved. Mr. Doane indicated it has not been finalized.
Mr. Thompson asked where the open space was located. Mr. Doane indicated the four sections on the map. Mr. Thompson asked why the open space was in sections. Mr. Doane indicated because of the nature of the layout of the property. Mr. Thompson asked about the access to the open space. Mr. Doane stated the open space fronts on the town roadway. Mr. Ross stated the purpose of open space as outlined in our subdivision regulations that this plan fulfills everyone of the items outlined in the regulations.
Connie Kastelowitz asked what the point was of separating the conservation easements and the open space if they are both given to the town. Mr. Doane indicated the conservation easements are located on the individual lots which is providing protection to the wetlands but is not deeded to another entity.
Attorney Cronin asked Mr. Doane if he combined the total area of the open space and conservation easements what is the total percentage of the parcel? Mr. Doane indicated it was about 54 percent. Attorney Cronin asked Mr. Doane with regard to the entrance to the roadway where it was originally proposed what has been done to modify that? Mr. Doane indicated he looked at three road locations. He stated originally the available frontage was on the eastern side of the property which had the roadway entering from Burr Road. The proximity to the wetlands and vernal pools was not favorable and the topography was difficult. The second option was too close in proximity to the Bill Hill intersection and would require the barn to be removed which would change the character of the property. Mr.
Doane stated the current option became available when Mr. Pedersen made arrangements with his neighbors to purchase a portion of their property which allowed for the proposed roadway location that is shown on the plans.
Mr. Thompson asked if traffic patterns had been reviewed for the access to the development. Mr. Doane stated the typical traffic volume from a 17-lot subdivision ranges from 4 to 6 vehicle trips per day per house and the traffic standards refer to this as a very low volume roadway. Therefore, we have not analyzed the traffic volume because we do not feel it is a problem, however there is concern about the intersection of Burr
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Road and Bill Hill Road and that is more of a sight line roadway situation than traffic volume. He also noted an adjacent property owner has expressed concern about lights shining into their home from the traffic at that intersection.
JUDY BREAULT – 16 BURR ROAD
Mrs. Breault asked if the Town of Lyme had any opinion or contact with this commission regarding the proposed subdivision. Mr. Thompson indicated that concern had been expressed about traffic impact on Bill Hill and Burr Road. They also asked about the open space allocation. Mr. Thompson further indicated the questions from Lyme have been very general and not specific.
Mrs. Breault stated she lived on the other side of the proposed development on Burr Road, she expressed concern about the location of the barn on the property because of its close proximity to the road. She also asked Mr. Doane why all of the drainage outlets could not be placed on the property rather than have any on Burr Road.
Mr. Doane stated the reason there is drainage on Burr Road is because of the entrance of the roadway. He reviewed the plan profile for the roadway and noted that one of the features is that the existing grade of the ground is shown which includes the centerline, right and left side approximately 50’ away. The property rises going from Burr Road which is the reason there needed to be a pipe which runs down Burr Road and outlets into Mr. Pedersen’s property.
Mrs. Breault asked how much blasting would be associated with this development. Mr. Doane indicated he did not have a quantity. Mr. Doane indicated there would be blasting for the road and the drainage structures.
LEE FRAYBILL
Mr. Fraybill stated he was located on Burr Road and he always has ponding at the end of his driveway which then runs down his driveway into the base of his garage. Mr. Fraybill asked if the proposed catch basin would increase this problem. Mr. Doane indicated the basin would be beyond his house and should improve the situation. He stated there is a basin proposed just before the driveway which will pick up whatever water that is there and will go by pipe to the basin. Mr. Doane stated he would be happy to review the site with Mr. Fraybill.
NEIL BLINDERMAN – 55 Saunders Hollow Road
Mr. Blinderman asked for some assurances that this project will not affect the drainage on his property. He also expressed concern that the installation of the new neighboring wells would also impact his well. Mr. Blinderman also asked when open space became a synonym for unbuildable. He stated most of the open space indicated on this property is not usable land.
Mr. Doane stated the drainage to the west towards your property including the four homes located on that side of the project the drainage that runs toward the street and has been put into the drainage system. Therefore, the watershed has been reduced.
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Mr. Blinderman indicated he did not agree with Mr. Doane’s statement. Mr. Doane stated the increase in runoff toward your property would be negligible. Mr. Blinderman requested the hydrology reports. Mr. Doane indicated the reports are available and are also currently being reviewed by Mr. Metcalf.
Mr. Doane stated one very important feature of the open space is the preservation of wetlands and natural features. He stated the natural features on this property are the wetlands and that was the main thrust of the open space was to preserve these features.
Mr. Thompson asked what was the total percentage of open space on the property. Mr. Doane indicated there was 26.85 acres of open space and 20.73 acres of conservation easement. Therefore this is approximately 54 percent of the property. Mr. Thompson noted the open space committee has reviewed this project and the applicant is only required to have 15 percent of open space.
Mr. Blinderman once again asked for some assurances that this project will not effect his property.
Mr. Ross asked how far away the houses are from Mr. Blinderman’s properties that are in the same watershed. Mr. Doane indicated that they are approximately about 150 ft. from the stonewall and 170 ft. from the Saunders Hill Road. Mr. Ross stated the only potential of increase of flow is two houses. Mr. Doane indicated that was correct. Mr. Ross stated that if the road was not being constructed none of the water that is in that road’s location currently flow to that watershed. Mr. Doane indicated that was correct. Mr. Ross stated then there is the potential to reduce the flow towards Mr. Blinderman. Mr. Doane demonstrated on the map the proposed changes. Mr. Ross stated it appears that the change in flow is very minimal.
TONY HENDRIKS
Mr. Hendriks stated he was speaking on behalf of Mr. Harry Clarke. Mr. Hendriks stated he has discussed his concern with Mr. Doane but wanted the information on the record. He stated Mr. Clarke is located in the house directly opposite Burr Road on the corner of Bill Hill and Burr Road. He stated Mr. Clarke is very concerned because this is a terrible intersection and he has seen many accidents and would like the intersection revised before traffic increases at the intersection. Mr. Hendriks suggested realigning the roadway so there is more of a 90 degree intersection.
CAROLYN CLARKE – 17 BILL HILL ROAD
Ms. Clarke stated one of the maps she reviewed had incorrect adjacent property owner names, therefore she questioned the accuracy of the entire map. She also expressed concern about the intersection of Bill Hill and Burr Road. She also noted as you continue down Burr Road just before Mansewood Road there is a 90 degree turn and she feels the road is very narrow with a poor sightline. She also asked if the homes were damaged due to blasting who would be responsible for the repairs. Mr. Doane indicated the blasting companies are insured for any damages incurred. She also expressed concern that the blasting would reconfigure the flow of the water on the property. Mr. Doane stated the shallow blasting for the roadway would not change the flow.
Ms. Clarke asked when the site tests were done. Mr. Doane stated the site tests have been done over a period of three years. Mr. Doane reviewed the dates shown on the plans. Ms. Clarke indicated she currently has water on her property. Mr. Doane stated the testing is done during the wet period of the year. Mr. Doane
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further stated the testing was done in compliance with the Public Health Code, Subdivision Regulations and good engineering practice.
Mr. Doane clarified for Ms. Clarke for the record that all of the adjacent property owners had been reviewed and the addresses were obtained from the Assessor’s Office in the town hall.
STEVE CINAMI
Mr. Cinami also expressed concern with the intersection of Bill Hill and Burr Road. He stated that he feels portions of Bill Hill Road should be widened and the barn should be removed from the property.
Steve Ross stated the intersection is very narrow, however they are both public roads and the developer is applying to build a public road off of that public road, therefore these concerns should be addressed to the Selectmen in the respective towns to achieve a better realignment. Mr. Cinami stated that might be true, however the proposal includes 17 additional new homes, which has increased the chances of an accident occurring. Mr. Cinami suggested at a minimum removing the barn to increase the line of sight at the intersection.
Harold Thompson made a motion to continue the public hearing until the January meeting. Robert McCarthy seconded the motion. The motion passed unanimously.
REGULAR MEETING
VILLAGE ESTATES – BOND REDUCTION
Steve Ross made a motion to reduce the bond amount as recommended in Tom Metcalf’s letter of November 29, 2006. Chris Kerr seconded the motion. The motion passed unanimously.
PRELIMINARY DISCUSSION – CRAIG & JOANNE BISHOP – 115 SILL LANE
This application has been withdrawn by the applicant.
BROAD BROOK ESTATES – REQUEST FOR 90 DAY EXTENSION FOR SIGNING AND FILING OF THE MYLARS
Steve Ross made a motion to approve the 90 day extension for signing and filing of the mylars. Chris Kerr seconded the motion. The motion passed unanimously.
FOUR PONDS DEVLEOPMENT, LLC – 313-335 BOSTON POST ROAD –
Steve Ross made a motion to receive the application, set the public hearing for January and waive the application fee other than the cost of advertising. Connie Kastelowitz seconded the motion. The motion passed unanimously.
Steve Ross suggested the commission reference the prior public hearing and accepts those comments and discussions into this public hearing and make the tapes available to anyone who wishes to reduce the application presentation. Mr. Ross further suggested that Mr. Hendren be contacted and asked to eliminate details on matters that are not under the jurisdiction of the Planning Commission.
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APPROVAL OF THE 2007 CALENDAR
Steve Ross made a motion to approve the 2007 schedule as proposed. Chris Kerr seconded the motion. The motion passed unanimously.
READING AND APPROVAL OF THE OCTOBER MINUTES
Steve Ross made a motion to waive the reading of the minutes and approve them as written. Connie Kastelowitz seconded the motion. Chris Kerr abstained. The motion passed.
Respectfully submitted,
Kim L. Groves
Land Use Adminstrator
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