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EAST LYME PLANNING COMMISSION
Scrolling down or clicking the bookmarks will take you to the minutes for meetings held in May.
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REGULAR MEETING Tuesday, MAY 6th, 2008 EAST LYME PLANNING COMMISSION MINUTES
PRESENT: Lisa Picarazzi, Chairman, Mike Bowers, Paul Dagle, Tom Perron, Christopher Sandford, Sandy Mulholland, Alternate
ALSO PRESENT: Jack Hogan, Ex-Officio, Board of Selectmen Meg Parulis, Planning Director
ABSENT: Francine Schwartz, Secretary, Robert Kleinhans, Alternate, George McPherson, Alternate
Chairman Picarazzi called this Regular Meeting of the Planning Commission to order at 7:02 PM. She noted that she had seated Sandy Mulholland, Alternate at the table this evening.
Pledge of Allegiance The Pledge was observed.
I. Public Delegations Public Delegations is the time when members of the public are invited to speak to the Commission about certain matters. Issues or concerns related to approved subdivisions under construction (Item IV.) and in-house proposals or general topics of discussion (Item VII.) are open to comment. Items, referrals, or applications subject to a decision by the Commission, a public hearing, or in litigation may not be discussed. The members of the Commission will not directly answer questions or make comment during delegations.
Ms. Picarazzi called for Public Delegations.
There were none.
II. Approval of Minutes – Public Hearing Minutes of March 18, 2008 Regular Meeting Minutes of March 18, 2008 Special Meeting Minutes of March 25, 2008 Ms. Picarazzi called for any discussion or corrections to the Planning Commission Public Hearing Minutes of March 18, 2008.
**MOTION (1) Mr. Dagle moved to approve the Public Hearing Minutes of the Planning Commission on March 18, 2008 as presented. Mr. Bowers seconded the motion. VOTE: 6 – 0 – 0. Motion passed.
Ms. Picarazzi called for any discussion or corrections to the Planning Commission Regular Meeting Minutes of March 18, 2008.
**MOTION (2) Mr. Sandford moved to approve the Regular Meeting Minutes of the Planning Commission on March 18, 2008 as presented. Mr. Bowers seconded the motion. VOTE: 6 – 0 – 0. Motion passed. Ms. Picarazzi called for any discussion or corrections to the Planning Commission Special Meeting Minutes of March 25, 2008.
Mr. Bowers asked that on the first page in the second paragraph where Mr. Perron is speaking that it be changed to read: ‘Mr. Bowers asked Ms. Parulis about a provision in the regulations regarding passive solar and employing techniques in development. He said that he did not recall hearing or talking about that with the applicant.’ Mr. Bowers also asked that on Page 5 two-thirds down the page after the motion is seconded that the second line of the paragraph where Mr. Sandford is speaking the period after ‘Item 3’ be changed to a comma.
**MOTION (3) Mr. Bowers moved to approve the Special Meeting Minutes of the Planning Commission on March 25, 2008 as amended. Mr. Sandford seconded the motion. VOTE: 6 – 0 – 0. Motion passed.
III. Subdivision Applications 1. Application of Benjamin Orvedal for an 11-Lot Re-Subdivision of property located at 65 & 69 Holmes Road (Assessor’s Map 57, Lots 11, 12 & 13). Ms. Picarazzi asked Ms. Parulis to update them on this as they have to set a site walk date. Ms. Parulis said that the Commission could schedule the Public Hearing for the 6/3/08 regular meeting as she was waiting until she heard from Ledge Light Health District on this application and that she had received the information from them today. With respect to the site walk she said that she has spoken with the engineer for the project and that he had indicated that there were only two days during the month that he would not be able to make it. She asked when they would like to schedule a site walk, noting that the site was at the very northern end of Town and the drive would take a bit longer than is normal for them.
Mr. Orvedal, the applicant said that they could pull in, in front of the barn to park.
Ms. Picarazzi asked the Commission if they were comfortable with Tuesday, May 13, 2008 at 5:30 PM as they normally have their meetings on Tuesdays. The general consensus of the Commission was that was okay although 6PM might be better due to the drive. Ms. Parulis noted that the public hearing has been tentatively set for 6/3/08.
IV. Subdivisions (Approved and Under Construction) (A list of approved subdivisions under construction will be posted on the Town web-site @ www.eltownhall.com under “Planning Commission”. The Active Subdivision List will also be available upon request in the Land Use Office. This agenda item shall be reserved for items requiring administrative action by the Planning Commission for already approved subdivisions.)
¨ Walnut Hill Chase Subdivision – Request for Modification of Conditions of Approval Ms. Picarazzi noted that Attorney Harris was present to make these requests.
Attorney Harris said that they were seeking modification of two conditions of approval. The first involves the modification of the Declaration (transfer of lots) that would exclude the restriction of transfer with respect to Lot 22 provided that the conveyance is for Open Space purposes. Lot 22 was a single lot of 26 acres so they might normally expect to see an application for a subdivision of this lot – however, this will not happen as they have decided to dedicate it as Open Space. However, in order to clarify and do this, they need to exclude Lot 22 from the restriction so that it can be transferred as dedicated Open Space. The second modification is with respect to the filing of the Mylars. They only have about two (2) weeks left to do this and staff is still reviewing the final drawings. They are looking to incorporated all of the staff comments into the final Mylars and would like to avoid duplication of them. They are therefore requesting an additional 30 days to file the Mylars so that staff will have completed their review prior to the filing.
Mr. Dagle asked about the existing pond and Lot 22. Bob Landino, principal, BL Companies said that they have met with the Army Corps and are looking for a resolution of what happened there prior to their ownership of the land. It appears at this time that with a little restoration that they could get this to a natural state as it is a man-made pond that was made by the prior owner.
Ms. Parulis said that the violation notice still exists but is a separate issue. She said that she has been in conversation with the Land Trust as they are interested in the property and that they are aware of what the status is. With regard to the Mylars, she said that there has been no objection from staff regarding filing them later so as to include all of the staff comments.
Attorney Harris said that when they met with the Land Trust that they went over the NOV with them and explained where they stood in the process.
Mr. Sandford asked the walking path that was going to go around Lot 22 and if it would be affected. Attorney Harris said no.
**MOTION (4) Mr. Dagle moved to modify the Condition of Approval for the Walnut Hill Chase Re-Subdivision approved on March 25, 2008 as follows: a.) Exclude Lot 22 from the Declaration of Restrictions and Covenants Re: Sale or Transfer of subdivision Lots if conveyed for Open Space purposes. b.) Extend the period for submission of final Mylars (Condition #9) for an additional 30 days with a deadline of June 23 to allow adequate time for staff review of required plan modifications. Mr. Sandford seconded the motion. VOTE: 6 – 0 - 0. Motion passed.
V. Zoning Referrals (CGS 8-3a) 1. Application of Village Crossing of Niantic, LLC for 100-unit Affordable Housing Development located at Park Place (Assessor’s Map 11.1, Lot 19). Attorney Harris said that he would provide a brief overview of this project for them. He noted that the role of Planning is to determine consistency with the Plan of Conservation and Development (POCD). He added that East Lyme’s POCD is consistent with State Statutes in emphasizing the need for Affordable Housing (AH). This project consists of 64 townhouse types and 36 flats within one unit that also has an elevator for the 55+ market segment as they have heard may time about the need for affordable elderly housing. Page 16 of the POCD also cites this. This area is some 17 acres and is located behind the Park Place subdivision. The site slopes upward and the elderly area would be on the plateau at the top. It is situated some 300’-400’ from the undeveloped area of Bush Hill Drive and they have maintained buffers of at least 100’. There will also be substantial vegetation between this and the Park Place subdivision. The affordability rate for the townhouses would be: 80% - $190,000; 60% - $145,000 and for the elderly units (1200 sf) the affordability figures would be: 80% - $198,000; 60% - $155,000. 30% of the units would have to sell at these figures and remain affordable for 40 years. The remainder of the units would sell at market rate. The units will be constructed in the same fashion and of the same materials as the market rate units. These units do provide for a much needed resource in Town. Page 7 of the POCD speaks to the blend of the units and the need of the people with respect to multi-family housing; while Page 16 mentions the semantics of Affordable Housing and the availability to city water and city sewer. Route 156 is also an arterial roadway and this project has access to it. This area is also very close to downtown and the services that it provides. He said that they feel that this meets a need of the Town.
Mr. Bowers asked if Park Place was the only route in and out of this project. Attorney Harris said that was correct. They had looked at Bush Hill but there is a substantial grade there and they would have to fill wetlands so the Park Place route is a relatively short distance. He added that Sea Spray and Pond Cliff also operate in this manner for access. Mr. Bowers noted that Park Place has a sign on it that says ‘Private Road’. Attorney Harris said that it is a public road. Ms. Parulis said that while they might like to think that it is private that it is indeed a public road.
Mr. Sandford asked about the phasing plan and how this would be built. Attorney Harris said that the SU-E AH would probably be the last built just due to the location on the property however, the others would be built as a mix of market rate and AH.
Ms. Picarazzi asked what the current percentage of AH was for East Lyme. Ms. Parulis said that when she last checked that it was around 4.5%. Ms. Picarazzi asked what this would put them at. Ms. Parulis said that while she has not calculated that – it would be a small improvement as they have to consider that while they would be increasing AH stock that they are also increasing regular housing stock.
Mr. Dagle asked about drainage. Attorney Harris noted that drainage pre and post construction will be the same.
Mr. Sandford asked Ms. Parulis if Water & Sewer votes on this plan. Ms. Parulis said that it goes to them by referral and added that she has put a caveat regarding water and sewer in the motion. She said that while they could wait until water and sewer makes their finding, that the public hearing will also be starting.
Mr. Perron said that Page 87 of the POCD lists uses within the Coastal Area Management (CAM) area. Mr. Sandford said that Page 72 speaks to water and sewer and to beware of the water usage.
Mr. Bowers asked how the open space proposal that Art Carlson is working on affects this. Ms. Parulis said that this is not an ‘identified property.’
Mr. Perron said that he is not sure that pushing this into a coastal area is appropriate. Ms. Parulis said that it is close to downtown and the amenities which are desirable.
Mr. Bowers said that he is concerned with the coastal area and the water. Attorney Harris said that during the Zoning process that this application is subject to a CAM review by the State. He added that there are already a variety of commercial activities in that area such as a garage and a body shop. Ms. Parulis said that she feels comfortable with our DEP representative, as she reviews everything very carefully under the coastal management aspects. She added that with the small area that is subject to the CAM that she does not think that there would be any issues with this application.
Mr. Sandford said that he thinks that water and sewer is more important from his perspective and that they should wait and see and not make a recommendation until they get that information.
Mr. Dagle said that he has to trust that water and sewer will do what they need to do – but he would not mind waiting is that is the consensus of the Commission. Ms. Picarazzi said that she is not sure what would be gained by waiting as they have listed it in the motion anyway and this way they have their recommendation in.
Don Gerwick, PE for the project, place of business 1000 Hartford Turnpike, Waterford, CT pointed out the small triangle area that is in the CAM zone. He added that he had spoken with the DEP today and outlined to them what they were doing and Ms. Balint seemed comfortable with it. He said that they would also be reviewing it further.
Mr. Dagle said that personally he would like more time to think about this as they may have other homework to do on it. Mr. Perron said that he thinks that there are cases for going wither way and asked what the definition was of the ‘coastal area’. Mr. Gerwick said that it is legally defined as 1000’ from the mean high water mark or tidal wetlands.
Mr. Perron said that he would like additional time to look into this. Ms. Parulis asked if they want her to send a letter stating that they are still reviewing this and need more time. The consensus of the Commission was yes.
VI. 8-24 Referrals (Municipal Improvements) There were none.
VII. Other Business 1. Discussion of Re-zoning North end of Town Ms. Parulis said that she has taken a stab at the potential area of re-zoning and that for the most part it is all of the current RU-80 district and the Yale and Stones Ranch parcels. On the large map it is all of the white area and some of the brown area. She said that she would look at the feasibility of 5-acre zoning and is in the process of analyzing the impact and feels that they need to build some flexibility into this to be able to offer a reasonable use of the land and also keep with the character of the area. She said that she could send a letter to Zoning letting them know that they are exploring things for this area and that they would submit more once they have compiled it. She suggested that they form a task force of a couple of people from Planning and a couple from Zoning to work on this. She noted that they are now making good progress on the stormwater regulations and that has to be the priority now. She also suggested that it might be better at this time for the Chair to contact the Zoning Chairman and discuss how they might like to attack this. She noted that a concern would also be if they can legally do this and they might want to do some research and present some legal background on it. She suggested that they have the background so that they could do it properly.
Ms. Picarazzi asked what and how people would feel if they were denied the opportunity to subdivide their property and said that this should be a consideration. She added that she would speak with Mr. Nickerson on this and see what they come up with.
Ms. Parulis said that she would continue working on the background data.
2. Update of Subdivision Regulations – Stormwater Management Ms. Parulis said that they are making good progress and having good discussion on the stormwater regulations and coming up with some great data. She said that she expects that they should have a basic outline by their June meeting.
2. Open Space Plan Ms. Parulis said that they are working on wrapping this up and having this section adopted sooner rather than later as Mr. Carlson has completed his presentations. She said that she wants to get it into the plan as soon as possible as it will be a stand-alone plan that is inserted. It will also replace the other Open Space plan currently in existence.
Mr. Bowers asked why they need a stand alone document. Ms. Parulis said that they are working on a spin-off from the Conservation Commission and that the spin-off will rely heavily on this.
Mr. Bowers said that his understanding is that they will have their own Conservation working document and that he is not sure of the need for this. Ms. Parulis said that they could use both.
3. POCD Update Ms. Parulis reported that she had good news – it looks like the money for the UCONN Study was added in the latest version of the budget and that they have $18,000 for it. While they need another $7000, she said that she has $5000 that can be put towards this. They will now have to wait and see if the budget passes. Once they get through that, they can look towards the steering committee for the UCONN Study. She said that they would want to be thinking of who they think would be good on the Steering Committee as they would want diverse interests. She said that she would speak with UCONN on the size of this Steering Committee.
Ms. Picarazzi asked where they would get the other $7000. Ms. Parulis said that she is not sure and would defer to the First Selectman for that information. She added that the plan may be for a special appropriation however; she said that she thinks that they have enough to work with for now to get started.
Mr. Dagle said that he recently spoke with the National Academy of Sciences and was told that they pre-screen people before putting them on committees and that they seek to put diverse people on them to insure that they drive any bias out of the decision process. He suggested that they also do this.
VIII. Reports 1. Chairman Ms. Picarazzi said that she is sad to hear that Ms. Parulis’ position has been reduced to .8 FTE and for the record she is disappointed in that decision and guesses that it shows where Planning falls in terms of importance within the Town. She added that she thinks that they rely on Ms. Parulis a lot and that she does a great job.
Mr. Sandford said that he wanted to compliment Ms. Picarazzi for her speech at the Board of Finance Public Hearing as he feels that it was instrumental in them being able to obtain the funding for their study.
2. Zoning Representative There was no one present from the Zoning Commission.
3. Regional Planning Commission Representative – Christopher Sandford, Luane Lange, Alternate Mr. Sandford reported that he went to the last meeting and the discussion was mainly about people putting up their own personal windmills and how Zoning would have to be changed to accommodate this. It was at times lively and interesting and occupied the entire meeting.
4. Rte. 11 Greenway There was no report.
5. Ex-Officio – Jack Hogan Mr. Hogan said that the budget hearings have been rough for everyone and that he wanted them to know that there was a lot of work done behind the scenes to get the money for Planning and that a lot of compromises had to be made to get that $18,000. The inference was that there would be $18,000 this year and $7000 in next years budget so that is how the $25,000 was agreed upon. He said that regarding other things that are happening such as the reduction of hours – that they would have further trouble with the budget if the State does not pass the conveyance tax issue and continue it at the current rate. They have not decided that yet but they should find out soon. He said that they also have a question regarding what Planning is doing with a Zoning issue on their agenda. He further suggested that they work on the Stormwater Management and moratorium issue and the POCD and that this is a matter of priorities here, as lawsuits from the moratorium cost the Town money. The re-zoning could be taken up once the other issues are addressed.
Mr. Dagle said that the re-zoning of the northern area of Town is an 8-year old initiative and submitted that they have not done anything about it for 8 years and that it is a priority that needs to be worked on. He said that the moratorium is the top priority and then it would be the re-zoning or POCD together. He submitted that he thinks that this has been dormant for 8 years and they need to move on it. He added that he thinks that Ms. Parulis’ suggestion of a joint committee comprised of people from the both commissions is a well-founded way to work on the re-zoning issue.
Mr. Hogan recalled to them that he sat on the Commission as a member last year and that he does understand. He added that they are doing a good job and as a point of interest that the State code for AH is 10% and that we are at around 4.3% - which in comparison to many other Towns is actually not that bad as many are at around 3%. 6. Staff/Communications Ms. Parulis said that she would sign them up for a seminar in Groton which Mr. Kalal, from the audience so kindly reminded them of. Ms. Picarazzi and Mr. Bowers indicated that they would like to attend if it is not too late to get in.
ADJOURNMENT **MOTION (5) Mr. Sandford moved to adjourn this Regular Meeting of the East Lyme Planning Commission at 8:55 PM. Mr. Bowers seconded the motion. VOTE: 6 – 0 – 0. Motion passed.
Respectfully submitted,
Karen Zmitruk, Recording Secretary
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WORKSHOP MEETING Tuesday, May 20, 2008 EAST LYME PLANNING COMMISSION MINUTES PRESENT: Lisa Picarazzi, Mike Bowers, Paul Dagle, Christopher Sandford, George McPherson, Alternate
ALSO PRESENT: Meg Parulis, Planning Director Bill Scheer, Town Engineer Keith Hayden, Conservation Officer/Engineer
ABSENT: Francine Schwartz, Sandy Mulholland, Alternate, Bob Kleinhans, Alternate
I. Call to Order Chairman Picarazzi called the meeting to order at 7:05 pm and led the pledge of allegiance.
II. Working Session on proposed Stormwater Management Regulations Town Engineer, Bill Scheer explained, utilizing hydrographs, the various methods of analyzing and controlling peak flow conditions. He said there were two ways to prevent flooding: either let the water off site before the peak, or keep the runoff on site and infiltrate. The first method would require complex engineering studies to model existing conditions and would not allow treatment for pollutants. The second method is therefore the optimal design goal.
Mr. Scheer reviewed the stormwater requirements imposed on the Walnut Hill Subdivision. The challenge on that site was dealing with a high groundwater situation with little to no infiltration. These site conditions are prevalent in the north end of town. A map of the town showing Hydrogeologic Soil Groups prepared by Ms. Parulis was reviewed. Large areas will be needed to control stormwater. It is important to determine the best locations early in the design process, similar to the siting of septic systems.
Mr. Hayden reviewed the Tolland Regulations, previously distributed to the Commission, and methods for analyzing pollutant loads associated with development. It was his opinion that the Tolland method would have the effect of development showing less of a pollutant load than an open field or forest condition. It was also overly complicated. The Water Quality Volume (WQV) method outlined in the DEP Stormwater Manual was deemed to be more appropriate for determining the level of treatment required. Mr. Hayden went on to explain the concept of Groundwater Recharge Volume (GRV), stream bank erosion issues and conveyance protection as outlined in the DEP Manual.
Mr. Scheer and Mr. Hayden next reviewed requirements that would be in addition to the DEP recommended practices such as requiring no increase to volume, locating WQV basins off-line from detention basins, limiting the use of underdrains for infiltration basins and regulating proximity to wetlands/vernal pools.
There was brief discussion about maintenance issues and how some towns are creating stormwater utility districts. For now, maintenance responsibility will have to be assigned to a Homeowners Association. A draft Maintenance Agreement and provisions to insure proper construction will be included in the regulation package.
Commission members determined that draft regulations would need to be completed on or before September to meet the moratorium deadline of November 30th. Staff members will continue to meet on a weekly basis until draft is completed.
III. Adjournment The meeting was adjourned at 9:05 pm.
Respectfully Submitted,
Meg Parulis, acting Recording Secretary |
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EAST LYME PLANNING COMMISSION MINUTES
PRESENT: Lisa Picarazzi, Chairman, Paul Dagle, Michael Bowers, Christopher Sandford, George McPherson, Alternate
ALSO PRESENT: Meg Parulis, Director of Planning Matthew White, Angus McDonald & Assoc., PC Ben Orvedal, Applicant
ABSENT: Francine Schwartz, Thomas Perron, Sandra Mulholland, Alternate, Bob Kleinhans, Alternate
Chairman Lisa Picarazzi called the Special Meeting of the East Lyme Planning Commission to order at 5:35 PM. The purpose of the site walk was to familiarize the Commission with the land proposed for an 11-Lot Re-Subdivision of property located at 65 & 69 Holmes Road. A public hearing on the proposed subdivision is scheduled for June 3, 2008. The site walk commenced at 65 Holmes Road and was led by Matthew White, project engineer. The Commission walked along an existing wood road roughly in alignment with the proposed common driveway. Along the way, Commission members were oriented to the general layout of the subdivision including locations of proposed stormwater management structures and Open Space. There was no discussion or decisions made concerning the pending application.
ADJOURNMENT: The Special Meeting was adjourned at 6:45 PM.
Respectfully Submitted, Meg Parulis, Dir. of Planning |