OLD LYME PLANNING COMMISSION
PUBLIC HEARING & REGULAR MEETING
FEBRUARY 14, 2008
Present were: Chairman Harold Thompson, Robert McCarthy, Connie Kastelowitz, Steve Ross, Chris Kerr and Alternates Nancy Strohla and Sean Mulligan. Also present were: Attorney Michael Cronin, Attorney Sal Diglio, Bob Doane, and Kim Groves.
PUBLIC HEARING
Attorney Cronin was present on behalf of the applicant, Enok Pedersen. Cronin stated a full presentation had been made at the prior public hearing. He noted at that time there were outstanding items that needed to be addressed on the plans based on the engineering report and other information. He stated Mr. Doane would present the changes that have been incorporated into the revised plans dated February 5, 2008. Cronin also noted he had received Attorney Cassella’s letter dated February 13, 2008. Cronin also indicated he would be willing to consent to an extension of the public hearing until the March meeting.
Bob Doane stated that the commission had raised several issuesat the last meeting that he would like to address. Doane stated the commission inquired as to whether it would be possible to use the fire pond behind Mr. Pedersen’s house for a water source instead of the proposed 30,000 gallon tanks. Doane indicated he met with Dave Jewett, Fire Chief, at the site and he felt it was possible and was comfortable with an access off of Bill Hill Road backing up to the dry hydrant. Mr. Doane submitted correspondence with regard to his meeting with Dave Jewett and submitted a plan of the dry hydrant and its access. He also noted that Mr. Jewett reviewed the sketch of the proposal and indicated that it was indeed and acceptable alternative.
Doane also noted he once again reviewed the intersection in question with the Town of Lyme as requested by the commission. Doane reported he met with Don Greene, the head of the Public Works Department for the Town of Lyme, who stated he has no intention in participating in the repair of that intersection. Doane also noted that Mr. Greene indicated that he did not see a problem with the intersection.
Doane also submitted a waiver request to the commission for the length of the dead end street. Mr. Thompson read the letter into the record. He also noted that he had reviewed plans during the preliminary discussions with this commission in 2003 and at that time he showed a potential of two connections and it was decided at that time if an intermediate cul-de-sac was put in the roadway it would be acceptable, therefore he did not follow it up with a waiver request. Mr.Doane also noted the MABL areas have been added to the plan.
Cronin addressed Attorney Cassella’s letter of February 13, 2008. Cronin stated he has done a preliminary draft of all the documents, but he stated the actual legal descriptions of all the open is about a day and a half of legal work therefore he would not do the final revision until the plans are complete. He stated the document has been changed to reflect the prologue.
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February 14, 2008
Cronin stated that Attorney Cassella raised the question of inquiring about the intersection matter with the Town of Lyme. Cronin stated this matter has been up in the air for at least for the time he has been involved in this project and it is his understanding that this commission had relieved the applicant of the responsibility of redoing that roadway. He further stated at the end of the application that was presented last year it was determined that there were other issues that were more important (i.e. downstream culverts) and therefore the focus had been shifted to resolving those issues rather than rebuilding the intersection.
Cronin stated the Carson easement for the fire pond access will be done at the time at the time of closing which Mr. Doane addressed. Cronin stated that the easement would be temporary during the time of construction of the roadway.
Cronin stated the issue that is of most concern is the drainage culvert. He stated at the end of the public hearing last year the recommendation came in from Mr. Metcalf to increase the culvert capacity instead of having on-site water dispersal that would result in extensive lot clearing and would disrupt the landscape of the property. Therefore, rather than pursuing that aspect for handling any increase in run-off on the site the applicant should improve the culverts downstream and leave the property in its current state. Mr. Doane redesigned the whole thing and went through the process of securing an Inland Wetlands Permit for offsite improvements, which have been completed. He stated we knew at that time that by not having the elaborate on-site water treatment (drainage) that we were
implementing a policy of the board and now after having done all that this comment is a concern to this project. Cronin outlined the issues with acquiring easements from all the property owners downstream over which there will be an increase in runoff. Cronin submitted a 1935 case law “Sisters of St. Joseph Corporation vs. Atlas Sand, Gravel & Stone Company et al”. Cronin stated he would be discussing this issue with Attorney Cassella.
Cronin stated a parcel history map has been provided. He also noted that the property has not been previously subdivided. He reported there was an original division on the property. Doane also noted he would contact the Assessor with regard to the numbering of the lots.
Cronin noted that he confirmed with Diana Atwood Johnson that the open space parcels would be conveyed to the Town of Old Lyme.
Mr. Doane did report that Lot #12 is a rear lot now because of the removal of the detention basin and the setback lines have been adjusted to reflect that.
Mr. Thompson raised the issue that there was some concern of safety expressed by the public at the last public hearing with the location of the existing barn on the property and its close proximity to the roadway. Mr. Doane stated that he has been contacted by several residents of Lyme who expressed concern over the barn being removed due to its historic significance because the foundation contains the monument for the boundary lines between Lyme and Old Lyme.
McCarthy asked if the property owner was willing to provide access to the dry hydrant. Doane stated as indicated in his letter to the commission dated February 14, 2008 that Mr. Plimpton would be happy to allow his land to be used as access. McCarthy asked Mr. Doane if he felt there would be any issues with the Wetlands Commission. Doane indicated he did not think so because the pond is existing and an area has already been cleared to the stonewall. Doane noted the proposal as presented stands with the inclusion of
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February 14, 2008
fire tanks, therefore if he cannot secure a permit from the Wetlands Commission there is not a problem. He further noted that Chief Jewett also understands that if he cannot get Wetland approval than the tanks as
proposed on the plan will remain. Doane noted that he is looking at this as an alternative because this commission asked the applicant to look at this other option for a water source.
Mr. Ross suggested that the Wetlands commission be contacted to explain this commission’s opinion with regard to water tanks. He also noted his preference was very strongly toward the pond for quantity of water, maintenance issues and appearance in the subdivision. He also noted that while tanks are underground there is outside paraphernalia that is not attractive.
CAROLYN CLARK – 17 BILL ROAD
Ms. Clark asked about the mechanical workings of the dry hydrant. Mr. Doane explained this process to Ms. Clark.
JUDY BREAULT – 16 BURR ROAD
Ms. Breault asked for an explanation of an original division. Mr. Ross stated that the regulations allow for a “free split” which mean one lot can be divided off from the parcel without going through the subdivision process. He further stated that any subsequent division would be a subdivision and any further division would be a resubdivison and the requirements for those applications differ considerably.
Ms. Breault asked what the setback was for a building. The commission explained the setbacks would be different depending on where the property was located. She asked about the existing barn. The commission explained that setbacks do not apply to existing properties that precede the Zoning regulations.
Ms. Breault noted for the record that she was not in favor of the proposal. She felt the increase in traffic was to significant for the area and that it was a beautiful piece of property that she would like to see remain in its current state.
Harold Thompson made a motion to continue the hearing. Chris Kerr seconded the motion. The motion passed unanimously.
REGULAR MEETING
FOUR PONDS DEVELOPMENT – REQUEST FOR EXTENSION FOR FILING OF THE MYLARS
Harold Thompson made a motion to grant the Four Ponds Development a 90 day extension until April 2008 with the following conditions:
All required legal documents, easements and mylars must be submitted to the commission by April 7, 2008 to allow commission staff to confirm compliance with the approvals.
All outstanding review fees shall be paid in full by March 14, 2008.
All required bonds shall be submitted prior to endorsement of the mylar plans.
Robert McCarthy seconded the motion. The motion passed unanimously.
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SCHELLENS PROPERTY – REQUEST FOR RELEASE OF BOND
Thompson reported that Mr. Schellens has submitted a letter to the commission requesting his bond be released. He noted that Mr. Metcalf has submitted a letter to the commission indicating he has not yet had an opportunity to visit the site and will have completed his review for the March 2008 meeting.
Harold Thompson made a motion to continue this request until the March meeting. Connie Kastelowtiz seconded the motion. The motion passed unanimously.
READING AND APPROVAL OF THE JANUARY MINUTES
Steve Ross made a motion to waive the reading and approve the minutes as submitted. Chris Kerr seconded the motion. The motion passed unanimously.
Respectfully submitted,
Kim Groves
Land Use Administrator
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