OLD LYME PLANNING COMMISSION
PUBLIC HEARING AND REGULAR MEETING
JANUARY 11, 2007
PRESENT WERE: Harold Thompson, Connie Kastelowitz, Chris Kerr, Robert McCarthy, Steve Ross and Alternates Nancy Strohla and Robert Pierson. Also present were: Robert Doane, Michael Cronin, Tony Hendriks, and Kim Groves.
PUBLIC HEARING
CONTINUED SUBDIVISION – ENOK PEDERSEN – BURR ROAD
Chairman Thompson stated there are still some outstanding items on this application. He noted the legal documents have not been submitted to counsel for review. He also noted that Mr. Metcalf, Consulting Engineer, submitted a letter indicating he had not completed his review. Mr. Doane submitted a letter to the commission on behalf of the applicant granting a 35-day extension to continue the public hearing.
Mr. Doane stated that during the past month he has tried to address the concerns raised at the hearing. He stated one of the concerns was the placement of the drainage on Burr Road and the effect it would have on the neighboring driveway. He stated he visited the site after the last rain event. He noted as a result of the visit he feels some of the problems can be corrected by relocating the catch basin off the road and dropping it down which will allow some of the water to be picked up that runs off the road.
Mr. Doane also addressed another drainage concern raised by Mr. Blinderman at the last meeting. He stated the drainage will be directed into the recharged structures and he has done calculations, which will mitigate the increase in run off that one would see from an impervious surface rather than a forested area.
Mr. Doane also reviewed the intersection of Burr Road and Bill Hill Road. He stated he has spoken with Mr. Hendriks about several options to reaalign the intersection. He further noted he is not convinced it is the applicant’s responsibility to change the intersection because the applicant does not feel the additional traffic generated by this subdivision will adversely effect the intersection. Mr. Doane presented several drawings of proposed changes that would improve the area.
Dennis Clark – 17 Bill Hill Road
Mr. Clark stated his parents’ property is located next door to Mr. Pedersen. He stated there is a driveway located behind Mr. Pedersen’s house, which is an abandoned road. He stated in his parents’ deed it states they own half of the driveway which provides leads to the open space, therefore he his concerned that the public will use that public road to access the open space and should an injury occur his parents’ would be liable since they own half of the road. He stated currently Mr. Pedersen is using this as his driveway. He also stated that Bill Hill Road now includes a business on it called Ashland Farms. He stated this business increases the traffic on this road quite a bit especially in the summer. He also questioned whether the wetlands areas were
all shown on the proposed plan especially where the two streams join together in the valley.
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January 11, 2007
Lee Fraybill – 5 Burr Road
Mr. Fraybill expressed concern about the increase in buses generated by the children in the proposed development.
Mr. Hendriks spoke on behalf of Harry Clark – adjoining property owner
Mr. Hendriks stated he has spoke with Mr. Doane several times over the last couple of months on behalf of his client, Mr. Clark. He stated Mr. Clark has concerns that the intersection of Burr Road and Bill Hill Road needs a good hard look with the additional traffic flow that this intersection is about to undertake. He stated Mr. Clark has lived at this location over the last fifty years and he has seen a cars coming out of Burr Hill Road that cannot do a normal turn to the right, they must take a two or three point turn in order to make the turn at that intersection. Mr. Hendriks further stated he is currently doing some land planning for Mr. Clark and in that process he discovered that this is not a new idea because Mrs. Carlson, the original owner of the properties across the street, granted the Town
of Lyme a triangular parcel for the purpose of realigning the intersection. Mr. Hendriks stated he felt everything is in place to fix the intersection.
JUDY BREAULT
Ms. Breault asked who currently owned the triangular parcel. Mr. Hendriks indicated the Town of Lyme. Ms. Breault asked how the Town of Lyme feels about this improvement. Mr. Hendriks indicated because of the property locations town line approvals would need to be obtained from both towns in order to make this change. Mr. Doane indicated the Town of Lyme has not expressed any concerns about the subdivision at this time.
Steve Ross stated he agreed that the road needs realignment and now that we know that the land is available he wondered why neither Mr. Doane nor Mr. Hendriks have spoken to the Town of Lyme about the situation.
He further stated he did not feel it was the applicant’s responsibility, but since it was a concern that has been raised he feels it should be discussed with the Selectmen.
Mr. Doane stated his client is reluctant to accept the responsibility for the road improvement and therefore he has not been directed to approach the Board of Selectmen of the Town of Lyme. Mr. Ross stated it does not appear to be the applicant’s responsibility, but it is a matter that the town should review and to do it concurrently with the application would be a good approach. He further stated he was not suggesting the applicant be responsible or not responsible for developing and implementing the plan, but it is in his best interest to pursue it and attempt to get the town to rectify a situation that has been existing for decades.
Mr. Doane agreed to make the initial contact with Lyme and make sure they are aware of the available land to improve the situation. Mr. Hendriks agreed that the town of Lyme might not be aware of this parcel.
Attorney Cronin stated he has no problem making the inquiry as long as everybody understands that by doing so the applicant is not accepting responsibility for resolving the problem. He also stated for the record that when the town abandons a roadway the title goes to the adjacent property owner. It no longer becomes a town road or public thoroughfare. He also noted he has been in touch with Attorney Mattern with regard to preparing the utility easements and open space and this access of concern will also be taken into consideration in the preparation of the documents.
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January 11, 2007
DIANA ATWOOD JOHNSON – OPEN SPACE COMMITTEE CHAIRPERSON
Ms. Johnson stated one of the difficult items for her committee is that if the applicant has not fulfilled all the requirements of the subdivision regulations then the open space committee does not know what the ownership of the open space will be or who the conservation easements will be in favor of and therefore, there is not a lot of knowledge for the committee to react to the applicant.
Attorney Cronin stated he will be working with Attorney Mattern as to whom the easements will be granted. He further noted the applicant does not have a preference, therefore he asked how the town would like the applicant to proceed. Ms. Johnson stated when a development such as this is proposed and it is not assured where the structures will be on the lot they feel it is important that the town actually receive the open space so there is a continuity between now and when the homeowner becomes involved or an association is formed.
Ms. Johnson also asked when there is open space in deed to an entity that it is actually located and marked on the individual lots to limit encroachment. She suggested using markers to indicate the boundaries in a simple unobtrusive way.
Mr. Doane noted he had submitted several examples of the markers to the Wetlands Commission for their review. He also noted that it is the intent of the applicant to put these markers on the trees along the conservation easements.
Mr. Doane also noted for the record that a soil scientist flagged the wetlands that are marked on the plan in the field and it is not necessarily surface water that determines wetlands. He stated wetlands are determined by soils and therefore he is confident that the wetland line shown on the plan is accurate.
Harold Thompson made a motion to continue the public hearing until February 8, 2007. Steve Ross seconded the motion. The motion passed unanimously.
SUBDIVISION – FOUR PONDS
The applicant submitted a letter formally requesting the opening of the public hearing be tabled until the February meeting.
REGULAR MEETING
LOT LINE MODIFICATION – THOMAS & JOY MCCONNELL – 3 MILL POND
Kim Groves noted for the record the Town Sanitarian has approved the lot line modification.
Mr. Thompson stated the commission had received a letter from Attorney Mattern indicating that no legal documents are required. Mr. Thompson also noted Ann Brown has submitted a letter to the commission.
Mr. Hendriks introduced himself on behalf of the applicant. Mr. Hendriks reviewed the modification to the common boundary line with the commission. He stated the purpose of the modification is to allow the McConnells to add onto their house and be able to comply with the setback requirements. Mr. Hendriks stated Ms. Brown indicated she had a concern with the present distances to the boundary line, which were
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January 11, 2007
not shown on the plan submitted. Mr. Hendriks submitted revised plans dated January 11, 2007 indicating the exact distance to the boundary line of 43.5 feet.
The commission discussed the requirement of additional monumentation. Mr. Hendriks stated he did not feel additional monumentation is necessary but would be willing to install additional pins along the corners.
Robert McCarthy stated he felt iron pins would be adequate in this situation. Mr. Ross stated as long as the lot corners are monumented it is sufficient, therefore he did not feel the commission should require the applicant to go through the expense unless they wish to. Mr. Pierson stated he also did not feel monuments were necessary for this application. Mr. Thompson stated in this case there are two adjoining property owners who are both in agreement to the modifications of the property and a there is now a document on file that indicates there is sufficient distance to the property lines.
Steve Ross made a motion to approve the lot line modification as presented on the plan revised through January 11, 2007. Robert McCarthy seconded the motion. The motion passed unanimously.
LOT LINE MODIFICATION – MARCIA ABRAHAMSON – 4-1 CRAIG ROAD
Mr. Thompson stated the commission received a letter from Attorney Mattern indicating no legal documents are required. Mr. Thompson also stated a letter has been received from Ann Brown, ZEO stating that insufficient information has been submitted to allow her to evaluate this plan for compliance with the Old Lyme Zoning Regulations.
Mr. Hendriks stated he was present to represent the applicant Marcia Abrahamson on her application to revise the common boundary line on two parcels of property owned by Ms. Abrahamson and Brian Vanderplas. Mr. Hendriks reviewed a copy of the tax assessor’s map to orient the commission. Mr. Hendriks stated that these are three existing properties owned by Marcia Abrahamson. He stated that Lot #44 has a right of way to it and Lots 42 and 43 do not have any frontage but they have always existed as two separate individual properties. Mr. Hendriks stated the Yurkewics recently had their property surveyed and determined that their existing pool and deck area extend onto the Abrahamson property. He stated the Abrahamson agreed to exchange a 50’ strip with the
Vanderplas’s which will allow her to bring the two non-conforming lots into compliance with zoning regulations and provide access to both of them and bring the deck and pool area into compliance with the setbacks required for that zone.
Steve Ross stated he has no problem with the proposal providing that any motion is contingent upon the ZEO’s review of the application.
Harold Thompson made a motion to approve the lot line modifications pending approval from staff that their comments are addressed. Connie Kastelowitz seconded the motion. The motion passed unanimously.
LOT LINE MODIFICATION – LEROY MERGY AND MICHELLE GIORDANO MERGY – 22 & 30 LYME STREET
Mr. Hendriks reviewed the modification with the commission. He noted there was a prior boundary revision approved by the commission. He stated the reason for the original change was to allow for a new leaching system, which has been approved by the Town Sanitarian. He stated unfortunately with the review of the ZEO and because of the unusual lot line configuration it was difficult to determine the lots side, rear and
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front lot lines. Mr. Hendriks suggested that the lot line be moved 7ft north from the original modification to allow for the reserve area which is in conformance with the Health Department. He further
stated this will allow the Mergys to build their garage in accordance with the architect’s design. Mr. Hendriks also noted that the modification will not impact any other property owners since the Mergys own both lots.
Mr. Thompson asked about the ZEO’s concern about the site data tables. Mr. Hendriks stated when he calculated the overall site coverage the overall building coverage should be the same as the overall coverage in a residential zone, however in a commercial zone pavement areas are also included. Mr. Hendriks stated he thought the ZEO’s letter stated if the coverages are the same there would not be a problem. Mr. Thompson reviewed the letter from the ZEO with Mr. Hendriks.
Mr. Ross asked Mr. Hendriks if the reason he was moving the boundary line 7 ft was to achieve the appropriate setback. Mr. Hendriks indicated that was correct. Mr. Hendriks stated this particular plan is solely the boundary line modification, therefore any of the calculations with respect to coverage have been addressed on this revised plan.
Steve Ross made a motion to approve the lot line modifications for 22 & 30 Lyme Street on the plan revised through January 11, 2007 pending the ZEO’s review of the site data table. Robert McCarthy seconded the motion. The motion passed unanimously.
Harold Thompson made a motion that the bond be established for monuments at $650.00 or the monuments be installed prior to filing of the mylar. Steve Ross seconded the motion. The motion passed unanimously.
READING AND APPROVAL OF THE DECEMBER 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.
ELECTION OF OFFICERS
Nancy Strohla made a motion to reinstate the existing slate of officers. Chris Kerr seconded the motion. The motion passed unanimously.
Respectfully submitted,
Kim Groves
Land Use Administrator
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