PUBLIC HEARING MINUTES
JANUARY 7, 2002
COUNCIL CHAMBERS
7:30 P.M.
PURPOSE: TO RECEIVE CITIZEN INPUT ON THE PARTIAL RELEASE OF A CONSERVATION EASEMENT ON WESTVIEW OFFICE PARK.
The Public Hearing was called to order at 7:40 p.m. The Clerk of the Council read the Call of the Meeting (copy attached). The following Town Council Members were present: Mayor Aman; Deputy Mayor Streeter, and Councillors Barbour, Delnicki, Fine, Havens, Lassman Fisher and Pelkey. (Councillor Burnham was absent.) Also present were Assistant to the Town Manager Judith Hall and Town Attorney Barry D. Guliano.
There were approximately 7 people in the audience.
Town Attorney Guliano reported that this relates to a conservation and beautification easement which was entered into in 1985. It was once partially released as a part of the construction project for the widening of Ayers Road, and some of the conservation easement was lost as a result of the widening. In September of this year, Atty. Guliano received a request from a representative of the owners seeking another partial release of that easement so that they could install an additional 15 parking spaces.
Atty. Guliano said that the Town has a policy for the release of conservation easements; an ordinance was adopted last year. Under that policy, the subject has to be heard by the Council, a Public Hearing is necessary, and notice has to go to both the Planning & Zoning Commission and the Inland/Wetlands Agency for their input in terms of the particular issue. The Inland/Wetlands Agency has responded that they have no objection, although they caution that the Town Engineer should review it. The Planning & Zoning Commission has not provided input because they have not yet had an opportunity to discuss it. Noting that there was a Resolution this evening for the Council to act upon this partial release of the easement, Atty. Guliano asked that the item be tabled until the next Council
meeting in order to provide the Planning & Zoning Commission time to address the subject and provide their input.
Mr. Peter DeMallie of Design Professionals, then provided the following information on behalf of the owners, Westview Office Park Condominium. The proposal is to add fifteen (15) parking spaces. They are requesting a partial release of the conservation easement, which is on the south side of Ayers Road, the east side of Sullivan Avenue, and the west side of Graham Road. It is not a conventional conservation easement. The roadway which is now to the north of the property used to go through the property. When the Town negotiated this easement with the original developers, the intent was to allow for their access driveway, sidewalks, parking, etc., and for the balance of the area to remain in a landscaped state. The site is approximately 1.89 acres and has shrunk due to the taking of
the property to accommodate the widening and realignment of both Ayers Road and the curve on Sullivan Avenue. The conservation area is just shy of one (1) acre, of which about 13,000 square feet (or 30 percent of the easement area) is in pavement, sidewalk and dumpster pad area.
They propose to have a net gain of fifteen (15) parking spaces, for a total of sixty-nine (69) spaces. This would be subject to approval of a modification of the site plan from the Planning & Zoning Commission. The same landscape theme would be used as is currently in place. There is no other potential area for parking around that site.
Mr. DeMallie read into the record a letter from Dr. Daniel Segal, who has a practice in the building and supports the additional parking spaces. A petition with forty-two (42) signatures in support of the proposal was then submitted.
Mayor Aman called for a Straw Vote, the results of which were as follows:
Those in favor of the approval of the partial release of conservation easement - 5
Those opposed to the approval of the partial release of conservation easement - 0
Minutes
The Public Hearing was closed at 7:55 p.m.
Respectfully submitted,
Merlyn P. Guild
Assistant to the Clerk of the Council
Attachment
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