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Planning Commission Minutes 09/11/2008

OLD LYME PLANNING COMMISSION
PUBLIC HEARING AND REGULAR MEETING
THURSDAY, SEPTEMBER 11, 2008


PRESENT WERE:  Chairman Harold Thompson, Alternate Sean Mulligan seated for Chris Kerr and Alternate Nancy Strohla seated for Steve Ross.  Also present were:  Attorney Ed Cassella,  and Kim Groves.

The Chariman called the meeting to order at 7:35 p.m.  

Chairman Thompson reported that the commission had conducted a site walk on the property and the minutes were available in the Land Use Office.  

Mary Smith, Principle in the Short Hills Properties, LLC project introduced himself and stated that he has been in business for over thirty years and has constructed over 1,000 homes in that time period.  He noted the projects were located in areas ranging from Middletown to Ledyard.  Smith informed both the commission and the public about some of the recent projects he had done in Niantic which included the Spinnaker Development  and the Sea Spray Town Homes..  Smith introduced his attorney for the project, Matt Ranelli from Shipman & Goodwin located in Hartford, Connecticut.

Attorney Rannelli introduced the team working on the project.  Mike Bennett, Bennett & Smilas Engineering, Inc. and Scott Hesketh, Traffic Engineer.  Rannelli thanked the commission for the opportunity to present this application to both the commission and the community.

Attorney Rannelli submitted for the record proof of mailing receipts, along with a list of the abutters, as required in the Old Lyme Subdivision Regulations.  Rannelli stated Section 4.4.7 of the Old Lyme Subdivision Regulations requires that when an owner brings forth a proposal that involves a portion of the property but does not occupy the entire tract that a concept plan be submitted for the balance of the property.  Rannelli stated for the record that the balance of the property is not the subject of the public hearing.  He noted this evening a seven-lot subdivision is proposed.  He further noted the only reason this map is being submitted is because the regulations require a conceptual layout of what might be done on the rest of the property to give the commission a sense or a vision, and this conceptual does not have any bearing on the future plans of the property.

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Rannelli also submitted a map which outlines the turnaround area located at the end of the street to demonstrate that the turning radius of that curve meets the regulations and therefore will provide adequate turning radius for emergency vehicles.  Rannelli noted that a traffic report is not required by the regulations for a seven-lot subdivision but the applicant had one prepared and submitted to the commission as part of the hearing record.

Rannelli stated the proposal includes locating seven subdivision lots on 25 acres of a larger tract of approximately 256 acres.  He stated the 25 acres located closest to Short Hills Road are being developed for this division.   He noted within those 25 acres that approximately 7 of the acres would be open space, which is in excess of the requirements for opens space.  He noted the property is zoned RU-80 and all the lots conform to the zoning regulations for that zone.  Rannelli stated the proposal includes upgrading the existing road to town standards and no development is proposed on the remaining portion of the property.

Rannelli stated that the legal standards for a commission acting on a subdivision are well established.   Rannelli stated when this commission acts on a subdivision application it acts in its administrative capacity, which is the lowest level of discretion had by this commission.  He further stated that the commission looks to see whether the plan complies with the relevant regulations and if it does meet those requirements the commission should approve that application.  He noted there are other instances when the commission acts with greater discretion.  He further stated that the zoning commission has zoned this parcel RU-80 and therefore has made a determination in its legislative capacity that it is the appropriate zone for this property and therefore the owner has the right to come in and seek approval for a subdivision for lots exceeding 80,000 sq. ft.  Rannelli stated that the courts have said that once the zoning commission has exercised that discretion and given that property the designation for a particular use then that permitted use establishes a conclusive presumption that such a use does not adversely affect the district and precludes further inquiry into the effect of  traffic and other items such as municipal services.  Rannelli stated with regard to traffic a commission cannot deny a subdivision application based on alleged concerns regarding the adequacy of an existing town road off-site.  Rannelli stated so in other words the applicant is responsible for taking care of the road network design within the site but the adequacy of the existing town road leading to the site is not a basis for a denial.  Rannelli cited and discussed several court cases with the commission.  The names of those cases are Reed v. Planing & Zoning Commission, 2008, Pansy Road v. Zoning Commission, Conn. and Pope v. Killingworth Planning and Zoning.  



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Thompson stated he understood fully the arguments brought up from the State Supreme Court, but he also felt it was the responsibility of the Planning Commission to review the intersection between the road and the development.  Rannelli stated the commission does have the right to look at certain issues but those issues do not extend to the condition of the off-site roadway.  

Mike Bennett stated that the property being subdivided consists of a 25 acre parcel of land bordered on the South by Short Hills Road and Land of Lanier and by the east by Land of Lanier and other lands of Tooker and by the north and west by other Land of Tooker and Culotta.  He noted there is currently a 60 ft wide easement adjacent to the Culotta Land, which was created when the Culotta parcel was developed.  He noted that easement provides for the owner of the Tooker Property to construct a public road within that area.  He also noted that coming off Short Hills Road there is an existing gravel road that runs through the property and serves a house on property owned by Woodruff.  He further noted the existing gravel road also continues north through adjacent parcels owned by Kus and eventually connects to Nicoja Way.  

Bennett reported that wetlands were identified within the property by a Soil Scientist, Harvey Luce and located by a field survey.  He stated there are four wetland areas on the site.  They are located at the south end in Lot #1, Open Space Parcel B, Open Space Parcel A and partially in Lots 5 & 6.  Bennett stated the topography is primarily flat within the site.  The proposal is to construct a road to town standards that will run along the existing gravel road and the majority of the road will not have curves on it and therefore will permit the storm drainage to sheet flow off the road to the west and east as it currently does.  He stated there is a small portion of roadway at the entrance that will be curbed and water will be collected in a catch basin and be discharged into a water quality basin where it will sheet flow onto Lot #1.  He stated there that will be a grass swale along the Culotta Property that will collect water and the water will eventually go into a catch basin at the intersection of Shorts Hills Road and the new road and it will be discharged into a swale along the north side of Short Hills Road.  He stated the existing swale will be re-graded and the existing stone wall will be moved approximately 10’ north so it is on the existing street line.   Bennett stated this activity is currently part of an application that is before the Inland/Wetlands Commission.

Bennett stated that another water quality basin has been created at the northerly terminus of the proposed road.  He stated this basin is collecting the water that is essentially in the center half of the roadway.  He stated the water is collected and brought through a storm drainage pipe and discharged to the rear of the house located on Lot #5.  He noted all the lots within the subdivision conform to the standards set forth in the Zoning Regulations and range in size from 1.8 acres to approximately 3 acres.  He noted numerous test pits


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were dug on the site in accordance with the MABL regulations.  He noted that they were approved by Mr. Metcalf.  He also noted test pits were done to meet standards set in the health code and approved by Mr. Rose, Town Sanitarian.   Bennett stated each of the seven lots show proposed house, driveway and septic and well locations.  Bennett stated that once an approval is granted the developer would begin constructing the road, which would involve clearing as shown on the plans.  Bennett stated that the lots are intended to be sold by the developer who also plans on constructing the homes.

Bennett stated a turning has been an area created at the end of the road with an appropriate  turning radius  adequate for emergency access vehicles.  Bennett stated the roadway at the intersection of Short Hills Road has been modified slightly to provide more of a 90 degree intersection with the existing Short Hills Road.  He stated this will do several things such as improve sight lines and will cause the vehicles to slow up and stop at the intersection creating a safer intersection.  

Thompson once again made it clear that all the documents on this project are public and are available at the Town Hall should anyone like copies.

Thompson noted that Tom Metcalf stated in his letter to the commission dated August 25th that all item had been satisfactorily addressed.  

Thompson asked the applicant to point out on the plan the open space parcels.  The applicant outlined on the map the proposed open space locations.  Thompson asked if the use of the open space parcels would be limited to the association.  Rannelli indicated as proposed the use would be limited to the association.  Rannelli stated the applicant has had discussions with the Open Space Committee and the Land Trust but at this point there is no public access proposed.  Thompson asked Bennett if the drainage calculations had been submitted.  Bennett stated Mr. Metcalf has reviewed them and is satisfied with the computations.  Thompson asked about the old foundation that was straddling the property lines of Lots #3 and #4.  Bennett stated he walked the property with Nick Bellantoni, State Archaeolgist and the only thing of any significance on this 25 acre parcel was an old stone foundation which falls on the lot line between Lot 3 and 4.  Bennett stated Bellantoni believed that this had been an old barn, which was used for animals and presented the applicant with two choices.  The first choice would be to provide an easement around the stone foundation and fill it with sand to prevent it from caving in and the second choice was if the applicant decides to remove the foundation that photos be provided for documentation and research concerning the history of that foundation prior to removal.  Bennett stated at this point both have been provided and the documentation has been submitted to the state for their review and are awaiting comments.  Bennett stated he thought a response would be forthcoming in the next week to ten days.  


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Thompson noted for the record that the zoning enforcement officer has written a letter stating that the proposed subdivision is in compliance with the zoning regulations.  He also noted that the IWWC has completed their hearings and are in the process of drafting a decision.  Thompson stated the traffic study that has been provided by the applicant concludes that the proposed seven lot subdivision is expected to generate a total of ninety trips on a daily basis with peak hour generation of 14 trips during the morning peak hour and 10 trips during the afternoon peak hour and 17 trips during the Saturday peak hour.  Rannelli stated that on Page 2 of the traffic report it states that the proposed seven lots will not significantly alter current conditions and the intersection of the proposed subdivision roadway and Short Hills will provide adequate capacity to accommodate the anticipated site generation traffic.  

Rannelli noted that as a result of his discussions with the Fire Chief a 30,000 gallon tank will be provided.  He further noted that the proposed design would be submitted to the Fire Chief for his approval prior to any construction.   

Thompson read the letter in the record from Fire Chief Jewett dated July 6, 2008.

Marty Smith stated there seem to be some disagreements among the different agencies in town as to whether a fire tank or fire pond was preferable.  Smith stated there was also discussion of a swimming pool as an option.  Smith further stated it appears that the fire tank would be adequate but he would be working with the Fire Chief for his final approval on a final design.

QUESTIONS FROM THE AUDIENCE:

Leo Holland – Boston Post Road

Mr. Holland asked if the developer would be petitioning the town to accept the road and its improvements since it was being built to the town road standards for the Town of Old Lyme.  Rannelli stated when the road is completed it would be offered to the town as a town road meeting all the town standards.

Mr. Holland asked if the open space would be deeded to the seven lots.  Rannelli stated the open space parcels would be deeded to the association.

Vicky Lanier – Short Hills Road

Ms. Lanier asked whether or not Short Hills, LLC is proposing to improve Short Hills Road.  Rannelli stated there is a small area of improvement located at the entrance way but otherwise there are no improvements for the balance of the road.  
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Ms. Lanier asked how much of the roadway would be improved on Short Hills Road.  Lanier also asked what the current width is of the roadway versus what is proposed.    Bennett pointed to the plan the area of improvement.  Bennett stated improvements would take place approximately down to Campos driveway will be re-graded and widened along the shoulder.  He stated it was approximately 300 ft.  He stated the roadway would only be widened at the intersection to approximately 20 ft. and the existing is approximately 14 to 16 ft. wide.  Lanier asked who would be responsible for the remainder of the improvements to Short Hills Road if it were necessary.   Rannelli stated any improvements on the balance of Short Hills Road would proceed under the normal process for improving a town road.  Rannelli further stated the applicant has offered to assist the town financially if and when the next portion of the property is developed.  

Attorney Michael Cronin

Attorney Cronin stated that a schematic plan was shown that indicates that large portions of the property are to be left in essentially their natural state.  He also noted that schematics were presented for the individual lots within the subdivision and on those plans it showed a portion of the lots to be cleared, therefore Cronin asked if the applicant was or would propose any covenants to protect the undeveloped portion of those properties. Rannelli stated that has not been proposed and he did not feel it is necessary because most people regard their trees as an asset to their house.  Rannelli further noted it is their property and the regulations do not require it and his experience is that what people want as evidenced by your request is they want trees so it is not really clear they need to be protected against themselves.   Rannelli stated if there were some eminent reason that the commission felt this was necessary the applicant would be happy to discuss this issue. Cronin stated for the record that Attorney Rannelli replied that there were no covenants proposed.

Cronin asked if the traffic engineer would be available at the next hearing for questions.  Rannelli stated the traffic engineer is present tonight and will be available at the next hearing on October 9, 2008 at the town hall subject to any conflicts with dates.  

Thompson asked Cronin if the basis of his question was with regard to general land clearing or loss of privacy.  Cronin stated the schematic layouts show cutting on each particular lot and the presumption is that the areas that are not within those areas are going to be left in their natural state.  Cronin stated he was aware of prior applications were the commission has placed covenants on the land records to protect these areas.  Cronin once again stated for the record that the applicant stated he was not willing to provide covenants to protect these areas.  



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Rannelli suggested that Attorney Cronin raise his questions for the traffic engineer that is present this evening so he can be prepared with answers prior to the next hearing.   Cronin stated he was concerned about the long-term impact of this particular development and therefore he is concerned about the impact of traffic on the Short Hills Road area.   Thompson stated the commission is limited to looking at this seven-lot subdivision under their jurisdiction.  Thompson stated the schematic was provided to comply with the regulations but the commission cannot act on what might be (but is not proposed in the application).  

Ted Kiritsis – Flat Rock Hill Road

Mr. Kiritsis discussed the issue raised that the commission cannot address anything beyond the seven-lot subdivision.  Kiritsis stated that an issue was taken at the Inland/Wetlands meeting by the attorney representing that commission that any property that is affected as a result of the development of this property has to be considered.  He noted the attorney informed the Wetlands Commission of this because the applicant has proposed to use the entrance from Boston Post Road as part of this proposal.  Therefore, Mr. Kiritsis questioned why this entrance was considered as part of the application but not the Short Hills Road entrance. Kiritsis further stated that if the Inland/Wetlands Commission had to consider any wetland impact from the Boston Post Road why would they not have to consider the impact to the wetlands located on Short Hills Road.  Kiritsis stated the biggest impact is Short Hills Road and whereas the applicant was generous to say he would assist the town in the development but the town is the one that is obligated because the town has accepted it as a town road and therefore is liable for any improvements and therefore it will become a large burden to the taxpayers.

Rannelli stated that the wetlands is a resource based model and therefore is a regulation based on resource protection but zoning is a slightly different basis.  So whereas in wetlands there are slightly different standards as to what you consider offsite.   

Attorney Cassella, Planning Commission Counsel, clarified that the commission is present tonight for the hearing on the seven-lot subdivision.  He further stated that Attorney Knapp received a very similar commission at the Wetlands Meeting with regard to the access road to the north and its potential impact it has on wetlands.  Cassella stated there are different laws as to what the wetlands commission can consider during its application and since the applicant here is essentially proposing an emergency access way over that access road to the north it becomes part of the wetlands application.  Casella stated this Planning Commission is only responsible for looking at this seven-lot subdivision including the emergency access way to the north and including the intersection with Short Hills Road. Cassella stated there are a number of different opinions and difficult legal issues concerning what exactly is the Planning Commission’s mandate with respect to denying a subdivision on offsite road conditions or asking the applicant to perform some offsite road conditions.  He stated he would be working with
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Planning Commission to discuss some of those issues with regard to where the Planning Commission’s authority begins and ends.  Cassella stated that the Wetlands Commission has completely different authority than the Planning Commission and it can be a little bit broader.  

Kiritsis stated that the Planning Commission also has an obligation to the Towns Plan of Development and therefore that needs to be considered. Cassella stated it would be part of the considerations.  Cronin stated that in the Old Lyme Subdivision Regulation 5.5.5.2 the last paragraph states “where the commission determines that a condition of the existing road is such that the approval of the subdivision could result in a potential safety hazard the commission may require that the applicant make improvements to the existing town road to assure the safety of the residents in the new subdivision”.  Cronin stated that is clear that it gives the Planning Commission jurisdiction over all of that road. Cronin stated that the Planning Commission’s counsel may say that the Supreme Court has taken away that right but bare in mind that if this commission takes that approach it is going directly against the language of its own regulations.  Cronin stated counsel does not say specifically that the Planning Commission does not have any jurisdiction.  He stated his strongest statement is that the trend seems to be towards the direction that the Planning Commission is only limited to intersection issues.  

Rannelli stated the most recent case allows a limited look at the traffic issues.  He stated there is a proposition that states that once a property is zoned for a certain permitted use that creates an inclusive presumption that it will not have a detrimental effect on the area and precludes further inquiry into traffic.  Rannelli cited the different cases involved in these decisions.  (Pansy Road and TLC)

Michael Boardman – Maywood Drive

Mr. Boardman  asked if there would be any consideration given to alternate locations for the entrances and exits into the subdivision.  Rannelli stated this is the preferred exit and the one that is proposed.   Rannelli stated the whole site was looked at and the consensus of the expert was this is the best ingress and egress for this site due to its proximity to the lots.

Boardman again asked if there was consideration given to alternate locations that would not be a benefit to the lot owners and a less impact to the surrounding area.  Ranelli stated that he concludes that this is best for all those reasons because there is no reason with the minimal traffic generation and extremely minimum volume on Short Hills Road that there is anything wrong with this entrance.


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Beth Sullivan – Maywood Drive

Sullivan stated there are currently 12 houses on Short Hills Road and the addition of seven homes is over a 50 percent increase.  

Michael Sullivan – Maywood Drive

Sullivan read a statement from the “Pansy Road” case, which elaborated on a condition of the case he felt was omitted and needed to be clarified.

Chris Berger – Founders Way

Burger asked hypothetically if the other 83 lots were developed would the same egress be used for that group of houses.  Rannelli stated that this was not part of the current application.   Burger also raised concern about the stop sign on Hatchetts Hill Road that is currently being ignored and the safety concern it raises for the children in the Founders Way neighborhood.

Chris Schmidt – Maywood Drive

Schmidt asked if the Planning Commission has the power to request the developer to consider alternative entrances. Cassella stated if the plan meets the regulations and does not impact traffic and safety, which this commission will need to determine, and this is the plan that is before the commission and if it meets the regulations the commission cannot deny the application.  

Tom Hewitt – Maywood Drive

Hewitt also expressed concern about the condition of Hatchetts Hill Road and how it could possibly handle any additional traffic. Thompson stated the commission will be discussing exactly what the authority is of the commission and what role they could play in driving changes it would like to see to town roads amongst themselves as well as with the Board of   Selectmen.









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John Visigilio – Whitman Lane

Visiglio echoed the concern.  He further expressed his frustration of the passing of the responsibilities between the commissions with no favorable results.  He also asked if the approval of this seven-lot subdivision sets any precedent for the entrance and exits of the larger parcel.  He further stated if the answer is “yes” then that brings into play all of the concerns raised about the traffic increase in the Short Hills Road and Hatchett’s Hill Road area.

Michael Sullivan – Maywood Drive

Sullivan asked if a moratorium on subdivisions could be passed.   Cassella stated a moratorium could be proposed and if that was a desire the process could be initiated with staff.  

Olwen Logan – 2 Hawthorne Road

Logan also expressed concern about the speed traveled and disregard for the stop signs located on Hatchetts Hill Road.

Peter Strauss – Flat Rock Hill Road

Mr. Strauss asked who conducted and paid for the traffic study.  Rannelli stated that there was no requirement of the applicant to provide a traffic study but the applicant chose to  hire a traffic consultant, and as is customary the applicant paid the bill and they gave us a report.

Mr. Strauss stated that he did not feel that the traffic study was done in an objective fashion by a disinterested party.  Rannelli stated this is the procedure for expert traffic studies to be conducted.   

Strauss asked if the study was not required why the applicant chose to do one.  Rannelli stated that the applicant has done many things that are not required.  He further stated that the developer has to market and sell the lots and therefore wants to know all about the property and is not necessarily done just to comply with the regulations.

Strauss asked the commission if it would be appropriate for the town to obtain their own traffic study.   Thompson stated he would take that under advisement.


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Strauss stated the attorney indicated that if health and safety issues were resolved that the commission is limited to dealing with the seven-lot subdivision.  Rannelli stated that was correct if the commission determines that there are not health and safety issues with this access.  Strauss asked how that would be determined. Cassella stated that the commission listens to the applicant, the public, its engineer and relies also on their own perspectives.  Cassella stated the commission then uses its judgment and discretion that it is afforded by the statute in making those determinations.  

Sullivan – Maywood Drive

Sullivan asked how many members attended the site walk.  Thompson stated that there were four members present at the walk.  

Ron Richardell – Short Hills Road

Mr. Richardell asked if the commission walked Short Hills Road as well as the site.  Thompson indicated that was correct.  Richardell asked if the entire length of Short Hills Road was walked.  Thompson stated the commission drove the entire length of Short Hills Road.  Mr. Richardell asked the commission to consider walking the entire length of Short Hills Road.

 A resident of Mile Creek stated that she has been tremendously impacted on Mile Creek Road by the traffic.  She stated that Mile Creek is a much older street than any of the places being discussed.  She stated it was time, “to stop being myopic,” she charged the commission to start looking at the “global” implications of the project for the entire town.  

Harold Thompson made a motion to continue the public hearing until the next regular meeting to be held on October 9, 2008 at the Old Lyme Town Hall.  Nancy Strohla seconded the motion.  The motion passed unanimously.

MARSH SUBDIVISION

Bob Doane, Professional Engineer and Land Surveyor, was present tonight on behalf of the applicants, Edward and Linda Marsh.  Doane stated that the property is located on the west side of Buttonball Road and south side of Mile Creek. He stated it was a 53.7 acre parcel that is proposed to be subdivided into eight lots.  He noted the lots range in size from 1.4 acres to 6.8 acres.  He further noted the existing farm parcel would be 17.8 acres.  



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He noted Lot #1 would be accessed directly off a Buttonball Road with a private driveway and the next six lots would be accessed off a common driveway also off a Buttonball Road.  

He stated the majority of the area being subdivided is wooded and the proposal is to preserve the integrity of the farm and the fields associated with the farm.

He noted soil testing has been done on the property, which indicated very favorable soil conditions.  He noted all the test hole data has been provided as part of the application.  He noted a Storm Water Management Report has been submitted that provides the necessary storm water quality volume recharge for the houses and driveways into the ground.
 
Doane stated the property would have approximately 6.8 acres of open space on a peninsula in the southwest corner of the property.  He noted this area has high ground, wooded areas, tidal marsh and also frontage on Black Hall River.  He stated the area is proposed to be placed into a conservation easement and will be accessible by the lots in the subdivision.  Thompson asked if there was a pedestrian easement.  Doane indicated there is an easement that runs through the property for the benefit of the lots in the subdivision.

Doane state the power is proposed to be located underground including the phone, cable tv and electric.  He noted that each lot would be serviced by an individual well.

Doane indicated that the property is located in a Coastal Area Management zone as well as a Conservation Zone.  He further noted there is a Coastal Management report included in the file.  

Groves indicated that Mr. Metcalf has not completed his review of the proposed subdivision.  Groves also noted that no legal documents have been submitted by the applicant at this point.

Thompson asked if the applicant had received wetlands approval.  Doane stated and application was submitted to the IWWC Commission, but all of the proposed activity was more than 100’ away from the wetlands, however the commission retained jurisdiction.







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Thompson read a letter into the record from Steve and Elizabeth Merrick.  He noted that the letter expressed concern with regard to the clearing of the properties down to the rivers edge.  Thompson also read a letter into the record from Robert Pierson responding to the Merrick’s letter stating that their subdivision was approved not to long ago on the opposite side of the Black Hall River from the Marsh Subdivision and their approval had no stipulation on the cutting of trees and the Merrick’s have since cleared a back yard to the edge of the river.

Cassella asked if the plan showed the setbacks for the Gateway Conservation Zone.  Doane indicated the setbacks are shown on the plan.

Questions from the Audience

Tom McCormick – Mile Creek Road

Mr. McCormick expressed concern about the traffic.  He stated that Mile Creek Road is a very crowded road.  He also expressed concern about the environment with the proposed house locations and their close proximity to the river.  Doane noted that individual site plans would be provided for each lot at the time of construction and will include specific details and will be monitored through the entire process.  Doane stated with the density shown on the plans and the separation from the tidal marsh that is required in the regulations he did not feel there would be an adverse impact on the wildlife.

Val Chapman – Cedar Hollow Road   

Chapman asked if an association would be formed.  Doane stated there would be an association for the common elements located in the subdivision.  Marsh stated the lots ouldl not be sold because they are intended to be distributed to family members.

Cassella stated a maintenance agreement would be established between the lots which provide each property owner with a vested interest in maintaining the common elements in the subdivision.  He noted this agreement would be in place prior to any lots being transferred.

Rich Seeling – 28 Pine Road

Mr. Seeling asked if the subdivision road would be put in initially or would it be done in phases.  Doane stated it would be done in phases as needed.  Marsh stated the clearing would only be for one lot at this point.  Seeling expressed concern about further siltation




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into the river and this project would accelerate this process.  Doane stated with the current regulations the clearing is limited in order to protect the view.  He also noted that the runoff from the houses and driveways will be recharged and therefore will limit the runoff towards the river.

The question was asked as to whether the driveway would be able to handle fire equipment.  Doane stated what is proposed is a 12’ wide gravel driveway with a compacted gravel shoulder on each side so there will be a 14’ wide travel lane and therefore will be adequate to handle both the weight and width of the fire truck.  

Val Chapman – Cedar Hollow Road

Chapman asked if the town had considered any improvements to the train overpass located on Buttonball Road.  Thompson stated he was unclear as to whether the town owns that underpass and suggested those concerns be directed to the Selectmen’s office.

Beth Sullivan – Maywood Drive

Sullivan stated this was the first time she had seen the plan but felt it was a great plan and the Marsh family members were so lucky to have this piece of property and be able to subdivide it amongst their family.

Harold Thompson made a motion to close the hearing.  Sean Mulligan seconded the motion.   The motion passed unanimously

READING AND APPROVAL OF THE JULY AND AUGUST MINUTES

Harold Thompson made a motion to waive the reading of the minutes and approve them as submitted.  Nancy Strohla seconded the motion.  The motion passed unanimously.

Respectfully submitted,



Kim Groves
Land Use Administrator