LEDYARD, CT

Planning & Development Information -
Information on the 3/3/2011 Planning Commission Meeting

INFORMATION & STAFF COMMENTS - Next Meeting Date: April 7, 2011

Agenda

Minutes:
2/3/2011 Regular Meeting
Ap#517 Public Hearing Minutes 2/3/2011

Communication Items:

Conservation Subdivision Application #517: proposed 13 lot subdivision of 257 Haley Road (126R Lambtown Road), an R-60 zone

Date of Receipt: 11/4/2010
Peliminary Review Date: 5/6/2010
Date of Receipt plus 65 Days: January 8, 20100
Start of Hearing: 12/4/2010
35 Days from Hearing Start: 1/8/2010; 35 Day Extension Granted: 2/12/2011
Hearing Closed: February 3, 2011
65 Days from Close of Hearing: April 9, 2011

Approved with conditions:

Notice of Decision: March 10, 2011 (The Day)

Waivers

1.     Mike Cherry made a motion to waive section 5.5b of the subdivision regulation concerning shared driveway and easements to lot 126R and Ken Koe seconded the motion.  The conditions for the lot access are very unique to the lot geography and proposal and the waiver would minimize land disturbances and enhance conservation.   This waiver does not impact adjacent properties nor have any public health and safety concerns.  Waiver approved 5-0.

2.     Mike Cherry made a motion to waive section 4.8.9 of the subdivision regulation concerning shared driveway serving 6 lots and Ken Koe seconded the motion.  The commission had asked the developer to look at alternatives to the lot and driveway layouts and an alternative proposal has been submitted that enhances the conservation of the land and minimizes disturbances that would have resulted in a conventional proposal.  This waiver does not impact adjacent properties nor have any public health and safety concerns.  Waiver approved 5-0.

3.     Mike Cherry made a motion to waive the nested lot requirements and Ken Koe seconded the motion.  Again the alternative proposal minimizes land disturbances and does not impact adjacent properties nor have any public health and safety concerns.  Waiver approved 5-0

Conditions

Prior to the filing of signed subdivision plans in the Ledyard Land Records a bond calculation for the approved plans, including erosion and sedimentation control measures,  in acceptable form and content will be reviewed and approved by the Town Engineer and the Planning Commission. Said approved bond will be posted prior to filing.

Prior to the filing of signed subdivision plans in the Ledyard Land Records, the comments contained in the Town Engineer’s memo of September 2, 2010 to Wetlands and Planning Commissions be addressed to his satisfaction.

If a new well is not to be installed on Lot 8, prior to the filing of signed subdivision plans in the Ledyard Land Records the comment of George Calkins, R.S. in his memo of February 3, 2011 be addressed to his satisfaction and that a note be prominently placed on the subdivision plans indicating that Lots 8 and 9 share a common well and are subject to a “Shared Well Agreement”.

Document Library

Comments (2/28/2011): Draft waivers and conditions

Waiver: Section 5.5(b)

(b)     The deed for any lot, which utilizes a shared driveway, shall include all appropriate easements to pass and repass and to install utilities as necessary, and shall contain the provision that the access driveway shall not be used for access to any other property except for agricultural purposes, and that the Town of Ledyard shall not ever be required to plow, maintain, assume ownership of, or provide school bus service or other services along the driveway access to such lot. Prior to sale of subdivision lots using shared driveways, the applicant shall prepare an agreement for maintenance of the driveway by the owners of property which is accessed, thereby, which agreement shall become part of the conditions of sale, and which shall be binding on all future owners of the lots.)

The Commission finds that the extension of the shared driveway, as proposed, to the existing house on Lot 126R is a unique circumstance  and:

a)     The granting of a waiver will not have a significant adverse impact on adjacent property or on public health and safety; 

b)     The conditions upon which the request for a waiver are based are unique to the proposed subdivision for which the waiver is sought and are not applicable generally to other potential subdivisions;

c)      The waiver will not create a conflict with the provisions of the Zoning Regulations, Plan of Development, Road Ordinance, Drainage Ordinance, or regulations of other Town Boards or commissions.

Waiver: Section 4.8.9

4.8.9       Common Driveways:
Common driveways serving more than one dwelling unit are encouraged, especially when interior (rear) lots are proposed and at cul-de-sacs. Minimum separation between physical driveways is 25 feet. The applicant shall demonstrate adequate snow shelf and driveway curb-cut separations at cul-de-sacs. Common driveways may not serve as a connecting driveway between two public streets and must be wholly contained within an access strip with a minimum width of 25 feet throughout.

Common driveways may serve up to five (5) dwelling units in a Conservation Subdivision, and shall be paved with bituminous concrete, gravel, or other substantial permeable material to a minimum width of eighteen (18) feet. Final design is site specific and subject to the recommendation of the Town Engineer. Bituminous concrete pavement is required where road grade is greater than or equal to 8%. The pavement cross section in such cases shall consist of:  1) 6” rolled gravel sub-base (or as required by the Town Engineer); 2) 4” compacted processed stone base; 3) 1 ½” compacted bituminous concrete Class I pavement binder course; and 4) 1 ½” compacted bituminous concrete Class II pavement finish course. The unpaved cross section shall consist of:  1) 8” rolled gravel sub-base (or as required by the Town Engineer); and 2) 4” compacted processed stone finish course.

Where common driveways exceed 600 feet in length, a pull-off (12’ wide x 20’ deep) shall be provided at intervals of 600 feet (except the last 600 feet of driveway may be served by the cul-de-sac).

All common driveways are to be maintained by either a Homeowner’s Association, or through the establishment of private maintenance and liability agreements, and are to remain private in perpetuity in a form acceptable to the Commission, which shall be subject to review by the Town Counsel. Appropriate easements shall be provided for travel, utilities, snow storage and pull-off, hammerhead turnaround, and associated snow shelves.

After reviewing alternative plans, the Commission finds that allowing the shared driveway to serve 6 lots within the proposed subdivision and the existing house on Lot 126R, which is not part of the subdivision, as depicted in Exhibit II, is a unique circumstance and is in overall consistency with the goals of the conservation subdivision regulations and:

a)     The granting of a waiver will not have a significant adverse impact on adjacent property or on public health and safety; 

b)     The conditions upon which the request for a waiver are based are unique to the proposed subdivision for which the waiver is sought and are not applicable generally to other potential subdivisions;

c)      The waiver will not create a conflict with the provisions of the Zoning Regulations, Plan of Development, Road Ordinance, Drainage Ordinance, or regulations of other Town Boards or commissions.

Waiver: Section 4.3.5

4.3.5       Interior Lots:

The Commission may approve creation of new interior lots as an integrated part of an overall subdivision design, where such interior lots can provide suitable building sites without interference with conventional subdivision layout. Interior lots may be appropriate at the end of a proposed cul‑de‑sac street in order to reduce the overall length of the cul‑de‑sac, thereby avoiding unnecessary future road maintenance and reducing stormwater runoff. Interior lots may also be appropriate when the character of a tract of land is such that a suitable building site can be established at least one lot depth from the road without detriment to conventional lots located on the road. In no case shall interior lots be "stacked" or "nested" one behind another. If necessary to meet 4.8.9 (five lots on a common driveway) no more than one interior lot may be stacked behind another interior lot. 

All interior lots shall meet the following criteria:

a)     All interior lots must meet the minimum criteria set forth in the Zoning Regulations of the Town of Ledyard for interior lots;

b)     If interior lots are "flag‑shaped", no more than two driveway strips may be located adjacent to one another. Each driveway strip shall serve no more than one lot;

c)      The Commission may require that interior lots proposed at the end of a cul‑de‑sac have side lot lines radial to the cul‑de‑sac turn‑around;

d)     The Commission shall determine that the character of the property to be subdivided is such that the soils, topography and configuration of the property is suitable for interior lots;

e)     Interior lots shall not be approved if the Commission determines that the use of interior lots creates hazards to public health or safety, or does not contribute to a more efficient and less environmentally detrimental subdivision layout than would result without the use of interior lots;

f)        No interior lot driveway access strip shall be located so as to impede future development or use of land through which it passes;

g)     All shared driveways created to serve interior lots shall meet the requirements of Section 5.5 of these regulations;

h)      Permanent property markers shall be installed on both sides of a driveway access strip at intervals of no greater than 100 feet;

i)        The Commission may impose other such conditions as it finds necessary to protect the public health, safety, and welfare, including but not limited to the establishment of a minimum site line at the driveway access point, requiring combining of individual driveway entrances, maximum total length of driveway access strip, and increased frontage where necessary to assure adequate separation between individual driveway entrances.

After reviewing alternative plans, the Commission finds that allowing the lot layout including the stacking of lots, as depicted in Exhibit II , is a unique circumstance due to the configuration of the property and its frontage on three streets and is in overall consistency with the goals of the conservation subdivision regulations and:

a)     The granting of a waiver will not have a significant adverse impact on adjacent property or on public health and safety; 

b)     The conditions upon which the request for a waiver are based are unique to the proposed subdivision for which the waiver is sought and are not applicable generally to other potential subdivisions;

c)      The waiver will not create a conflict with the provisions of the Zoning Regulations, Plan of Development, Road Ordinance, Drainage Ordinance, or regulations of other Town Boards or commissions.

Approval Conditions

•Prior to the filing of signed subdivision plans in the Ledyard Land Records a bond calculation for the approved plans, including erosion and sedimentation control measures,  in acceptable form and content will be reviewed and approved by the Town Engineer and the Planning Commission. Said approved bond will be posted prior to filing.

•Prior to the filing of signed subdivision plans in the Ledyard Land Records, the comments contained in the Town Engineer’s memo of September 2, 2010 to Wetlands and Planning Commissions be addressed to his satisfaction.

•The Commission recommends that a new well be established on Lot 8 to avoid potential future issues with the sharing of the well between Lots 8 and 9. However, should a new well not be proposed to be installed, prior to the filing of signed subdivision plans in the Ledyard Land Records the comment of George Calkins, R.S. in his memo of February 3, 2011 be addressed to his satisfaction and that a note be prominently placed on the subdivision plans indicating that Lots 8 and 9 share a common well and are subject to a “Shared Well Agreement”.

Comments (2/3/2011): Updated with Atty. Landolina's 1/31/2011 email

Comments (1/31/2011): The applicant has requested the following waivers (Exhibit X):

Section 5.5(b): The subdivision proposes to use an existing driveway which currently serves an existing home on Lot 126 R which is not included in the subdivision.

Section 4.8.9: The alternative plan will provide access to seven lots by a common driveway.

Section 4.3.5: Relates to the "stacking" of lots.

Comments (1/5/2011): The applicant has submitted revised documents and plans, including an alternative design with the existing shared drive way serving 7 lots (including 126R); a document discussing potential waivers; and a draft open space deed. The Commission will, likely, want to review these additional documents and allow the public and staff time to review. It may be prudent to continue the public hearing, which would require a time extension from the applicant.

Comments (12/2/2010): The applicant has submitted property history information, including a drawing and related deeds. The status of Lot 126R will have to be explained by the applicant. This is a rear lot and regulations require that it have frontage. The Zoning Enforcement Officer has revised his comments. The issue of lot size has been resolved, however, other issues need to be addressed and in particular the applicant will have to discuss the "nesting" or stacking of lots in connection with Section 4.3.5 of the Subdivision Regulations. Sight lines and driveway access on Haley Road will require review.

Comments (11/1/2010): Applicant needs to provide additional data. Applicant email 11/4/2010

Comments From Preliminary Review: The subdivision impacts three existing lots and contains 3 shared driveways. As depicted on the preliminary drawing, the shared driveway created on and adjacent to existing lot 127-1190-126 is within 25 feet of the existing driveway. This lot also contains two residential uses (existing non-conforming).
Items the Commission may want to consider include: all proposed driveways should be perpendicular to their access street; open space is in two parcels, drainage easements across lots will likely be required.
The lot layout has been developed to retain and utilize existing stone walls. For Lots 3, 4 and 5 this means that the shared driveway is not along the property line and splits a portion of the lot.

Site walk held for November 13, 2010 at 8:00 AM (No Quorum)

2012-2017 CIP

Initial Requests Update to 2/22/2011

Approved with comments

Application # 514 Request For Extension; previously approved 2 lot resubdivision of 7.69± acres, 463 Pumpkin Hill Road, R-60

Date of Approval: August 5, 2010
Notice Date + 15 day appeal period: September 3, 2010
90 Days: December 2, 2010
180 Days: March 11, 2011
270 Days: June 9, 2011

Granted Extension to May 31, 2011 (revised date date)

8-24 Referral for the sale by the Town of the former Gales Ferry School, 7 Hurlbutt Road (added to agenda)

Approved

We welcome your comments and suggestions. Contact: ckarn@town.ledyard,ct.us