OLD LYME ZONING COMMISSION
SPECIAL MEETING
Tuesday, June 5, 2018
The Old Lyme Zoning Commission held a Special Meeting on Tuesday, June 5, 2018, at 7:30 p.m. in the Auditorium of the Old Lyme Middle School. Those present and voting were: Jane Cable, Chairman, Jane Marsh, Secretary, Gil Soucie, Alan Todd, Harvey Gemme and alternate Paul Orzel.
Also present: Keith Rosenfeld, Land Use Coordinator, Matt Willis, Commission Council and Stacey Winchell, alternate.
Chairman Cable called the Public Hearing to order at 7:32 p.m.
1. Connecticut General Statutes 8-30g – Affordable Housing Application for 18-1 Neck Road (formerly 16 Neck Road) for 23 dwelling units. Graybill Properties, LLC., property owner. Neck Road HOPE Housing, LLC, applicant. To be known as River Oak Commons I.
Connecticut General Statutes 8-30g – Affordable Housing Application for 18-2 Neck Road (formerly 16 Neck Road) for 14 dwelling units. Graybill Properties, LLC., property owner. Old Lyme Hope Housing, LLC., applicant. To be known as River Oak Commons II.
Chairman Cable asked those standing in the doorways to move into the hallway. She noted that those that do not have a seat need to leave the auditorium as they cannot block the doorways; people were directed to open seats.
Ms. Marsh read the legal notice as published in The New London Day on Wednesday, May 23 and Wednesday, May 30, 2018. She also read the list of exhibits for the record.
Attorney Royston was present to represent the applicant. He stated that the application comes in under Connecticut General Statutes 8-30. Attorney Royston explained that there are two applications and two Public Hearings because there are two applicants and the projects are inter-related. He noted that they will go through River Oaks I first and will be asking the Commission to incorporate the testimony from the first public hearing into the record of the public hearing for River Oaks II. Attorney Royston stated that they will do their best to make a one-hour presentation for the purpose of allowing questions from the Commission and comments from the public. He indicated that they will request, once this session is concluded, that the Public Hearing be continued to the July Regular Meeting
for the purpose of responding to information provided to the Commission by their consultants. Attorney Royston stated that Section 8-30g requires the Commission to consider the application under State Health and Safety standards and noted that there are other considerations such as that the property is within the coastal area and therefore the question arises as to whether a CAM is required. He noted that a CAM application is not required but the Commission must consider the requirements of the Act in making their decision. Attorney Royston stated that the CT River Gateway Commission responded and they have no problem with the application but later by email stated that they would like to see a conservation restriction on the lot to the north of lot #2. He noted that the property behind this, lots #3 and #4, will be retained by Graybill Properties LLC and they have agreed to provide a conservation restriction to minimize cutting of trees along the ridgeline
and they have executed the conservation restriction. He noted that Torrence Downes indicated that this fulfills his request.
Attorney Royston stated that the property has wetlands along the side adjacent to Neck Road which required Wetlands approval. He noted that Mr. Wren will go over this but noted that Wetlands approval has been received and if it is not part of the record he would request that it be made part of the record. Attorney Royston stated that they filed an updated report from the traffic engineer which took into account Memorial Day counts and also provided it to the Commissions traffic engineer. He noted that they indicated there would be market units in part I. Attorney Royston stated that now all units will be affordable units and he submitted a supplement to the affordability plan, noting that it only shows the sections which were changed. He stated that Joe Wren, Indigo Design, will make the next
presentation, then the traffic engineer, then the landscape architect, and finally the architect. Attorney Royston corrected himself and indicated that the next presenter would be Lauren Ash, Executive Director of Hope Partnerships.
Chairman Cable asked Attorney Royston to provide the Planning Commission’s approval of the split. Attorney Royston stated that the Subdivision Map has been recorded in the Land Records and he will provide a copy to the Commission.
Lauren Ash, Executive Director of Hope Partnerships, stated that Hope Partnerships has partnered with Women’s Institute for Housing and Economic Development to construct and manage River Oak Commons I and River Oak Commons II under the affordable housing statute. She noted that Hope was established in 2004 to establish affordable housing in the area and stated that Ferry Crossings in Old Saybrook was a Hope Partnerships project. She stated that it was built in 2012 and has been recognized as an exemplary example of how an affordable neighborhood can fit into the surrounding community. Ms. Ash explained that Ferry Crossing has 16 units with 1 to 3 bedrooms. She explained that in 2012, 16 families moved in with a total of 11 children, 8 of which were already enrolled in the local school system. She stated that during the application process Hope and Women’s Institute received over 236 applications from qualified families. She stated that it is now a priority to establish
affordable housing in Old Lyme. Ms. Ash stated that HUD defines affordable housing as spending no more than 30 percent of your income on housing needs. She stated that it is also referred to as attainable housing and workforce housing. Ms. Ash explained that if more than 30 percent of one’s income is spent on housing, too little remains for food, health care and other necessities. She noted that Connecticut is losing young people, with Old Lyme’s median age being 50.4, far above the State’s average of 40.2 years old. She stated that these units will be designated affordable at 25 to 80 percent of the area median income. Ms. Ash stated that in April 2018 HUD published the median income for the area at $84,800.00, meaning those making 25 percent, $21,200.00 through those making 80 percent, $67,840.00 would qualify. She stated that these people make too much to qualify for State assistance but too little to save to purchase a home. Ms.
Ash stated that these will not be subsidized units and the applicants must show the ability to pay the rent at the rate specified by their income level and this will be reviewed yearly. She noted that River Oaks I and II will be run by a property management company that will have an office in the community area proposed in River Oaks II.
Ms. Ash read a statement from a resident of Ferry Crossings who had planned to speak this evening and at the last minute was unable. Ms. Ash read the statement in part, in which the resident explained her situation as an insurance worker with a seven-year-old son.
Joe Wren, Licensed Professional Engineer, explained the site location, noting that they had the land subdivided last year through the Planning Commission and noted that Graybill Properties has retained the two lots closest to the coastal resources and these two lots have nothing to do with this project. Mr. Wren pointed out the entrance and explained that the entranceway will be widened to 24 feet at the request of the Fire Marshal and there will be a stop sign and a stop bar at the connection to Route 156.
Steve Uhlman, Licensed Professional Engineer, provided his resume to the commission, noting that he has 39 years in traffic engineering. He stated that he performed a study for this development. He explained that the report was done in December 2017 and the counts were done in October 2017. Mr. Uhlman noted that this is a shoreline community and as such has a traffic increase in the summer. He indicated that they did additional counts this past Memorial Day weekend and have provided a supplement to the report. Mr. Uhlman stated that he would like to focus on the supplement as the plans changed and there are 37 units for the development where his original study had 41 and there are only 80 parking spaces where his original study had 113 spots. He explained that a trip is a one-way
movement to or from the site; traffic generation is the number of new trips anticipated to be generated from the development; and level of service is how well the roadway can handle the traffic. Mr. Uhlman stated that the levels of service range from A to E with A be the highest; levels A through D are acceptable and level F is failure. He noted that Neck Road is a two-way connector road in the area of the site and farther up toward the I-95 connector and Halls Road it is four to five lanes wide. He explained that the driveway was changed when the DOT did the I-95 interchange. He stated that they performed counts at four intersections; Halls Road and 156, 156 at the southbound on ramp, 156 at the northbound off ramp and 156 and Ferry Road.
Mr. Uhlman stated that two weeks ago on Memorial Day he did counts at the I-95 off ramp. He stated that crash data was available through 2017 and there is nothing that shows anything that would indicate that there were any concerns with the roadways. He noted that there were no crashes involving cars entering onto Neck Road. Mr. Uhlman stated that the average vehicle speed is 49 mph northbound and 48 mph southbound. He stated that the sight lines required for 50 mph is 565 feet and this is met in both directions. Mr. Uhlman stated that for 37 units, the average daily traffic is 239 trips; during the morning peak hour 19 total trips and 24 during the evening peak hour. He noted that this is for the peak hour, although there will be people coming and going at all hours. Mr. Uhlman
explained that the original study was done on a Thursday. He stated that they do not typically do counts on weekends as the counts are heavier. He noted that over Memorial Day weekend he did counts on Friday afternoon and Saturday. He noted that the Friday counts were higher. He stated that the holiday weekend was 37 percent higher than the original weekday count. Mr. Uhlman stated that he balanced his counts for the other intersections.
Mr. Uhlman stated that he found that all intersections operate at level of service B or better in the mornings pre-construction and the same holds true with the development. He noted that the driveway operates at level of service B throughout the day. Mr. Uhlman stated that he has heard concerns that people coming off of I-95 will be an issue for people trying to pull out of the development and he indicated that he does not believe this will be an issue. He indicated that they sent the study and the plans to the DOT, District 2 Office, and he spoke with them today and they indicated that they would not be willing to change the yield sign to a stop sign at this time. He stated that it is his opinion that the traffic will not impact the roadways in the area as they are only generating 25 cars during
the evening peak period.
Mr. Wren stated that his associate, Seamus Moran, Licensed PE, was also present to explain the plans. Mr. Wren pointed out the entrance and noted the route of the roadway. He stated that the property is elevation 40 at the street up to approximately 96. Mr. Wren stated that there are two strips of land that give access to lots 3 and 4 and at this time are treed and provide a 50-foot buffer. He stated that between the two lots there will be eleven resident buildings and one community center. Mr. Wren stated that there is a network of sidewalks and a certain number of units have to be handicap accessible.
Mr. Wren explained that each building will have its own septic system; there are 12 buildings and 12 septic systems. He noted that the largest system is for a building with 4 units and 8 bedrooms. Mr. Wren stated that they have done extensive soil testing in three rounds with approximately 33 deep test pits. He noted that the ledge rises to the west and the majority of the property has deep well drained soil. Mr. Wren stated that a test well was done and there is very good yield and water quality. He indicated that they do not expect much if any blasting. Mr. Wren pointed out the test pit locations on the site plan. He noted that there are 74 parking spaces for the 37 units or two per unit. He noted that there are 80 spaces in total and the extra six spaces are for the
community center. Mr. Wren noted that there will be a second well on the property, along with a well house which looks like a quintessential New England barn. He noted that under the pump house there will be two water storage tanks. Mr. Wren stated that CT Water Company will accept and operate the water system since it will serve more than 25 people. He noted that public water is too far to feasibly bring it to the site. Mr. Wren stated that they do not need sprinklers per code, but they will have a water storage tank, minimally 40,000 gallons, to store water for fire protection. He noted there are specified areas for garbage which are enclosed.
Mr. Wren stated that they have a storm water basin on the eastern side of the site. He noted that the basin is sized to attenuate up to the 100-year rainfall event. Mr. Wren stated that for water quality they have swails that bring the water to the basin but the Wetlands Commission suggested turning these depressions into rain gardens. He noted that once the water gets into the drainage system, it will go to a low point in the roadway and then to the drainage basin. He noted that sumps will collect the debris and these will be maintained yearly. Mr. Wren stated that there are hoods that trap items in the catch basins that can be cleaned out yearly as well. He explained there are also 44 shrubs to supplement the thin undergrowth in the area. Mr. Wren stated that the site is in the
Coastal Area Management Zone. He stated that both lots flow away from the Connecticut River. Mr. Wren stated that they are draining to the inland wetlands and noted that he has already explained what they have done for water quality.
John Cunningham, Landscape Designer, stated that he is currently working on three other affordable housing projects. He noted the wetlands area and noted that a lot of the plant material will stay on the lot. Mr. Cunningham stated that the landscape plan shows new trees indicated by a circle. He stated that 60 evergreen trees, 50 plus shade trees and over 400 pieces of rain garden perennials. He stated that the plans at 99 percent native. Mr. Cunningham stated that the rear area will be a large lawn area and they have proposed a small recreational area. Mr. Cunningham stated that the area behind the units will be maintained lawn. He pointed out natural areas that will not be maintained. Mr. Cunningham stated that they have a few light fixtures in the area, ballards along the
walkways and posts in the corners of the parking lot.
Greg Nucci, Licensed Architect with Point One Architects, stated that they are familiar with the architecture in the area. He stated that they have tried to come up with a sense of community in the design. Mr. Nucci explained that they have produced a movie to show the entire site and played it and explained what was being shown.
Mr. Nucci stated that explained the unit layouts and noted that each unit has storage space out the back where they can store bicycles, etc.
Attorney Royston noted that this concludes their presentation. Chairman Cable suggested going directly into the second presentation. Attorney Royston felt it would be okay and Attorney Willis agreed. Chairman Cable stated that they would go directly into the second hearing.
Ms. Marsh stated that she has lived in Old Lyme for her entire life. She stated that she heard the traffic engineer state that the required site line is 500 feet but it bothers her that the people coming down the off ramp are within 500 feet of the entrance to the property. Ms. Marsh asked the traffic engineer to address this. She noted that the people exiting are not going to be able to see the cars as they come down the ramp.
Mr. Uhlman, traffic engineer, stated that he just found out this morning that DOT would not allow a stop sign. He stated that he can find out from DOT what information they have that makes them believe a stop sign is not required and he will bring the information to the next hearing. Mr. Uhlman stated that he hears and understands her concern.
Stacey Winchell questioned why the traffic study did not take into account the accidents on Interstate 95 as the congestion spreads onto Old Lyme roadways.
Mr. Uhlman replied that what happens on I-95 will not be affected by the 20 vehicles entering and exiting the site. He stated that this development will not add enough traffic to impact what happens during these incidents.
Chairman Cable stated that she has gotten stuck at her house on Four Mile River Road when there’s been accidents on I-95. Mr. Uhlman stated that every driveway and roadway on Neck Road is affected when there is an incident on I-95 and he questioned whether he is being told that there will be no more development along Neck Road because of this. He stated that traffic studies show that during normal roadway operations the roadways will continue to operate at acceptable levels of service, safely and efficiently.
Stacey Winchell questioned how many residents are on the waiting list from Old Lyme. Ms. Ash stated that there is currently no waiting list for Old Lyme. Kristen Anderson stated that the project financing is slated for 2019. Ms. Winchell asked if the Commission would have a copy of the letter from CT Water Company. Mr. Wren stated that CT Water Company looked at the site and determined that it could not supply public water to this site. He explained that CT Water Company reviewed the plans and determined that the plan was feasible. Mr. Wren stated that the letter drafted back is their approval and if it is not in the file they will provide a copy. Ms. Winchell questioned the handicap units. Mr. Wren stated that there are two one-bedroom and two two-bedroom units.
Ms. Marsh stated that it wasn’t acceptable for the railway to go through this area because the area should be preserved; she questioned why it is appropriate for affordable housing. Chairman Cable stated that affordable housing is a requirement that the State makes of all the 169 towns. She stated that when an affordable housing application comes to the Town, it is not up to Zoning to approve, it is up to Zoning to prove why it should not be approved. Chairman Cable stated that regarding the railway they were also faced with a tunnel under the Town. She stated that both are uses of property that maybe not everyone would like but she does not see a good comparison between them. Ms. Marsh asked whether the two drifts reserved on the south side of the property providing access to the back lots
will have driveways. Attorney Royston indicated that it is his expectation that this would be the case unless they are able to obtain another access which is under consideration. Mr. Wren stated that because of the length to get to the back lots and the cost involved, they are trying to negotiate getting access through another area. Ms. Marsh questioned whether the traffic engineer is aware of the possibility of two more driveways. Mr. Wren stated that the traffic engineer is aware and noted that this driveway was shifted when the DOT did improvements to I-95. Ms. Marsh stated that there is a sidewalk along Route 156 and questioned whether anyone from this development would try to cross Route 156. It was noted that the sidewalk is for school children. Ms. Marsh stated that a school bus stopping there would get rear-ended.
Chairman Cable asked those from the public to sit at the table, identify themselves, and address the Commission.
Tom Johnson, 4 Lieutenant River Lane, stated that the turnpike is noisey and removing the trees and replanting some smaller ones should require a noise study. He stated that the drainage doesn’t go to the Connecticut River. He noted that it goes to the street and then into the Lieutenant River.
Chuck Hinkley, Lyme Street, stated that for the last 30 years he has developed wind powered projects. He stated that he retained counsel and heard a different story regarding the process. Mr. Hinkley stated that his attorney, who will speak. He stated that Attorney Royston represents the Town and tonight he is representing an applicant. Mr. Hinkley stated that he feels the Commission can deny this application based on process alone. He noted that the project that went to the Planning Commission was for 4 residential lots. Mr. Hinkley stated that he hired a soil scientist and provided a copy of his soil scientist’s report. He stated that projects next to a highway have lead in the soil. He stated his soil scientist says that a Phase II study is indicated. Mr. Hinkley
stated that the CAM procedures were not followed and the soil scientist clearly states that a portion of the project drains into the Connecticut River and the remainder drains into the Lieutenant River. He stated that the roadway is proposed at a 14 percent grade which he has never seen before. Mr. Hinkley stated that the Fire Marshal report is not in the record so his comments on this are not available. Mr. Hinkley stated that the supplemental traffic report is not in the record. He stated that the traffic engineer’s own study stated that there must be a stop sign at the end of the exit ramp. Mr. Hinkley stated that there are many technical fatal flaws.
Attorney Louis Wise was present on the behalf of Dave Kelsey and Chuck Hinkley. Attorney Wise stated that he distributed a letter that he had drafted to the Commission but noted that there is so much new information in the last 24 hours and some of his comments may need to be modified. He stated that the public has not received information in a timely manner. Attorney Wise stated that he first got involved a few weeks ago and went to the Town Hall to look at the file and his immediate reaction was that the application on file was for a certificate of zoning compliance. He stated that under the Regulations a certificate of zoning compliance is for a home. A Site Plan and Special Permit should have been applied for and many different things need to accompany it. Attorney Wise stated that
at that time many things were missing and still are missing. He stated that there is nothing in the affordable housing statute which excuses the applicant from complying with the procedural requirements of the Town.
Attorney Wise stated that some of the information that has not been filed: a water supply plan; a landscape plan has not been filed; and an analysis of the proposed well water system on the aquifer and nearby wells. He stated that the project is in the Coastal Boundary and the process requires referral to the DEEP Office of Long Island Sound Projects which has not been done. Attorney Wise stated that the Town has not received a report from their consulting engineer and the town’s consulting traffic engineer just submitted his report yesterday so of course it has not been reviewed by anyone. Attorney Wise stated he is hesitant to raise the issue of Attorney Royston representing the applicant because he regularly represents the Old Lyme Land Use Agencies. He stated that in his view this is a
conflict of interests and gives rise to a claim of bias to the Town and an appearance of impropriety. He stated that it was raised at the Wetlands Commission and he was told that Mr. Royston recused himself and another lawyer attended the hearing. He noted that this lawyer was an associate of Mr. Royston’s in his practice and he indicated that he is surprised that Attorney Royston is still involved with this applicant. He stated that there are people in Old Lyme that believe this is improper. Attorney Wise suggested it might be a good idea to deny without prejudice, let them resolve some of these discrepancies and let people have the opportunity to review the file. He noted that there is so much new information and so much information that has yet to be produced that at the very least it people need time to receive and review and comment on the outstanding information.
Attorney Wise stated that his client spoke of hiring an environmental specialist and a soil scientist. Attorney Wise distributed copies of the report. He noted that Steve Danzers is their consultant, a certified soil scientist, among other credentials. Attorney Wise stated that the application’s deficiencies are noted along with remedies. He read portions of the report to the Commission, noting the possible contaminents from the highway, and recommending a Phase II site assessment.
Attorney Wise stated that this is a major development, particularly for a small Town such as Old Lyme. He indicated that the people of Old Lyme are entitled to know that all aspects of the development have been reviewed and meet the required standards.
Dee Maynard, Ryefield Road, stated that she represents low-income seniors. She stated that many cannot move into Ryefield Manor. Ms. Maynard stated that she represents unemployed seniors. She stated that she represents a group of people that no one has spoken about this evening. She stated that there are many women who supported their husbands all their lives and now they have trouble keeping jobs or getting a job. Ms. Maynard stated that she ended up in Old Lyme when her mom passed and stayed with a cousin. She noted that her brother couldn’t get on a waiting list for low-income senior housing in Connecticut. Ms. Maynard stated that her sister lost her job as a dental assistant and lost her home. She stated that the median income for Old Lyme sets the bar pretty high. She questioned where these unemployed teachers go when they don’t make $21,000.00. on unemployment. Ms. Maynard stated that she went on the site for Hope and one of the reasons for this development is
that the Town only has 1.5 percent affordable housing. She stated that there is no safety net. She stated that a friend tried to get on the waiting list and was denied because she is sleeping on a friend’s couch and pointed out that there are 500 low-income seniors on the list. Chairman Cable stated that this is not low-income housing. She also stated that the low income number is set by the State. Chairman Cable stated that this is a Zoning hearing about an affordable housing project and they can only consider health and safety. Ms. Maynard stated that Ms. Ash read a letter in the beginning to make it personal and she is telling them about another section of people they are not thinking about. Chairman Cable stated that low income housing is not on the table this evening. Ms. Maynard stated that there is a lot of property by Mayfield Manor that has been for sale for years and would be a good site for affordable housing.
Laura Fitzpatrick Neger, resident for 16 years and associate minister at the First Congregational Church stated he that the church supports Hope Partnerships and their work creating affordable housing. Ms. Neger stated that this is a wonderful opportunity to share the amazing community of Old Lyme and provides for more diversity. She indicated that at a time of decreasing enrollment in schools it would provide students to educate. She stated that she is dismayed about the overall tone of the hearing. Ms. Neger stated that she hopes that Old Lyme will be an open community not a closed community.
Gregory Strout, Executive Director of Sea Coast, resident at 81 Neck Road, stated that he is a strong supporter of affordable housing and he has lived in affordable housing. He indicated that he grew up in a poor urban community. Mr. Strout stated that he would like to see more affordable housing in Old Lyme. He stated that he heard about the project two years ago and it has grown and changed over the years and his concern has grown. He stated that he asked for a meeting with Hope Partnerships and Women’s Institute. He stated that they met once and had a follow-up conversation. Mr. Strout stated that the project is located near the commercial area for a reason. He noted that they asked how people will get out of the community and get to the stores safely. Mr. Strout stated
they also asked how left turns could be taken safely out of this development. He stated that the traffic engineer did not mention left turns or the word pedestrian. Mr. Strout stated that he would still like answers. He indicated that their lack of response says there are problems. Mr. Strout stated that this site has fundamental problems.
Mr. Strout stated that he has heard that there are no requirements for sprinklers. He indicated that he has heard that sprinklers were dropped but denied without prejudice. Mr. Strout stated this is the second meeting he has heard the applicant state that the requirement was dropped with no evidence.
Steve Sunami, 4 Short Hills Road, stated that this proposal looks like others that he has seen approved over the years, Sound View and the Boat House as examples, it gets approved and then the project changes. He asked the Commission not to take any action until the plans are complete and approved by all agencies. Mr. Sunami stated that the septic area should be located on undisturbed virgin land and he did not see any reserve areas noted on the plans. He indicated that without a stamped set of working plans, he does not see how the Commission can determine the safety and health of the people.
Sloan Dannenhower, 35 Ben Franklin Road, stated that there are better sites for this type of dense development. He indicated that he grew up on the Connecticut River. Mr. Dannenhower stated that if they were not concerned about the river environment, Old Saybrook would have put a sewer plant on it. He indicated that there are traffic, health and safety problems with this site and there are details missing. Mr. Dannenhower stated that the lack of transparency makes people believe it is a “hurry up until everyone finds out about it” application.
Chairman Cable stated that the blinking light indicates that the hearing must end at this time as the school is closing for the evening. Attoreny Willis noted that the Public Hearing will be continued to Monday, June 11 at 7:30 p.m. at a location to be announced and published on the Town website.
A motion was made by Gil Soucie, seconded by Alan Todd and voted unanimously to continue the Public Hearing until Monday, June 11, 2018 at 7:30 p.m. at a location to be determined, for the Affordable Housing Application for 18-1 Neck Road - Neck Road Hope Housing, LLC, (formerly 16 Neck Road) for 23 dwelling units to be known as River Oak Commons I and 18-2 Neck Road Old Lyme Hope Housing, LLC (formerly 16 Neck Road) for 14 dwelling units to be known as River Oak Commons II.
At 11:00 p.m. Chairman Cable closed the Public Hearing.
Respectfully,
Susan J. Bartlett
Recording Secretary
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