LEDYARD, CT

Planning & Development Information -
Information on the 4/15/2010 Planning Commission Meeting

INFORMATION & STAFF COMMENTS

Agenda

Minutes:

3/4/2010 Public Hearing- 41 Iron Street
3/4/2010 Regular Meeting
3/4/2010 Public Hearing-Open Space Plan-POCD

Cedar Ridge Road-Discussion- Parcel Map; Aerial Map w/parcels

The status of the road way known as Cedar Ridge road has been recently become a concern. Three existing lots (Map: 62; Block 400; Lots: 4, 6 and 8) either have been sold or are being marketed by The Dow Chemical Company. These lots only frontage is on Cedar Ridge and the question as to whether Ordinance 7 applies to their potential development has been raised.

The history of Cedar Ridge is somewhat complex. Plans dating back to 1959, show the roadway and the divided lots. While it appears that the divided lots were recorded, the roadway was never completed and never accepted by the Town. Over the years, it appears that a portion of Cedar Ridge cam to be a part of Oakridge Drive. Although Cedar Ridge is on many Town maps, it does not appear on the State Ledyard Road list. Historically, the Town does plow Cedar Ridge and has done maintenance on the roadway.

Ordinance 7, in general, indicates that no building permit should be issued for a lot whose frontage is on an unaccepted street unless either a bond is posted in the amount necessary to bring the road to Town standards or the Planning grants a variance to the ordinance.

There are many legal issues here. Who actually owns Cedar Ridge? Because existing homes at Lot 20 and Lot 11 have principle access from Cedar Ridge, what liability has the Town already incurred? By providing, limited maintenance of the roadway has the Town assumed any liability?

Ultimately, it would appear that providing safe access to these lots without incurring significant expense to the Town would be a reasonable goal.

Update: The Commission agreed to ask Atty. Landolina for guidance in moving forward.

332 Colonel Ledyard Highway LLC vs Ledyard Planning Commission

Ap# 483; Founders Preserve Subdivision; 39 Lot Subdision of 96.523± acres; 30 R Paint Mill Drive & 42 R Paint Mill Drive & 332 Colonel Ledyard Highway; R60 Zone

Applicant: 332 CLH, LLC

Approved with the following Conditions, on May 17, 2007:

1)    that Founders Way be shifted to the north within the road right road of way so as to create a 75’ set back between the centerline of the road and the house located on the Shaw property to address the concerns of the Zoning Official per his report, exhibit “cc”;

2)    that Open Space Area C become part of the road right of way and be declassified as open space;

3)    amend the boundaries of lots 21, 23, and 24 such that lot 23 is eliminated and its area apportioned equally to lots 21 and 24 and that the eastern lot line extend from the western end of Town of Groton open space and the eastern end of the Zhu & Wong property and proceed northly to the existing northeast corner of lot 21. All property east of this line is to be added to the open space B;

4)    that lot 13 be eliminated and that its area be added to open space A;

5)    that lot 14 be eliminated and that its area be added to open space A;

6)    that the lower dam be breached in accordance with the Town Engineers recommendation in exhibit “qqqqq”, and that the applicant be responsible for costs and work associated with permitting and undertaking the breach as well as completing the documentation recommended in the Cultural Resource Manage Plan completed by PAST. Also the applicant shall be required to complete the strengthening and repair of the upper dam as recommended in exhibit “o”. This work is to be performed prior to acceptance of open space areas A and B by the Town;

7)    that the Phase IIB and any other research methodologies consistent with the Environmental Review Primer be completed for area 1 prior to the filing of subdivision plans in the Land Records and also be completed for areas 2, 3, 4, and 5 prior to issuance of a zoning permit for lots 8, 10, 11, and 12;

8)    the applicant shall be required to implement recommendations 3, 4, 5, 7, and 9 in PAST’s Cultural Resource Management Plan prior to conveyance of the open space;

9)    that the subdivision plans (exhibit “wwwww”) be updated to reflect all these conditions of approval with wording and numbering modified as necessary.

Applicant appealed the conditions of approval:

Stipulation Agreement
Parcel Map; Aerial Map

Update: The Commission voted to agree to the terms of the Stipulation Agreement.

Approved Subdivisions #433/508: 165 Spicer Hill Road (Chidley Way), 11 Lots on 98.77 acres, R-60 zone. Acceptance of open space.

Aerial View

The modification to the previous subdivision approval was approved on November 5, 2009. The applicant has submitted deeds and discriptions of open space to be dedicated and easements to be granted. The commission is asked to recommend acceptance.

Excerpt from November 5, 2009 Planning Minutes

Application #508 – Proposed subdivision modification to the Chidley Subdivision to expand the conservation easement and dedicated open space areas, as required by the US Army Corps of Engineers.  Plans titled Plan Showing Chidley Resubdivision Property of Lee Brook Associates LLC 165 Spicer Hill Road Ledyard, Connecticut, prepared by Dieter & Gardner, dated January 7, 2005 and revised to February 11, 2009, consisting of 14 sheets. Attorney Heller made a presentation for the applicant:  The Corp of Engineers required the elimination of lot 9 and convey it as an open space to the town , that lot 2  conservation easement be expanded significantly and conveyed to the town of Ledyard., that storm water quality follow the 2004 regulations by the DEP that was at the time being drafted to include 80 % solids removal, that changes be made to Spicer Hill and Chidley Road drainage comply with federal and State permitting regulations which include design changes to the outlet overflow pipe that extends the drainage for overflow water,  that a variance was obtained for lot 22 concerning the archeology find.
 
Discussion:
 
The Storrs Connecticut archeology team survey was conducted.  No significant hydraulic change including basins and slope are required.  The Town Engineer had some concerns about signing off on the drainage study.
 
Mike Cherry made a motion to approve the subdivision changes with the following conditions - to expand the conservation easement on lot 9, corrections be made to water runoff, the overflow pipe design changes be made to protect the vernal pool and dedicated open space areas, as required by the US Army Corps of Engineers.
 
Seconded by Ken Koe. Motion approved 5-0.

Update: The Commission voted to recommend acceptance of the openspace and conservation easements.

Hivnor vs. Ledyard Planning Commission

Not Ready-Recommended that matter be tabled

Aerial View

At the November 6, 2008 Planning Commission meeting, Ap#500, 4-lot re-subdivision of 22.24 acres, 369 Shewville Road, (R60) was approved with conditions. The applicant appealed the condition:

"5. Convey the open space to the Town with the Commission's recommendation to maintain the open space in it's natural state."

Acknowlege Receipt of Subdivision Applications

Ap# 512; Kevin Fournier, Applicant/KRF Realty, LLC ,Owner; Proposed 2 lot re-subdivision of 10 Lorenz Parkway, 3.27± acres, CIP zone.

Tentative Date of Receipt: April 15, 2010
Peliminary Review Date: March, 4, 2010
Date of Receipt plus 65 Days: June 19, 2010
Fee: $860.00

Aerial Map

Update: The Commission accepted the application and scheduled a public hearing for May 6, 1010.

Discussion from minutes of March 4, 2010:

Discussion: The wet land commission has reviewed and approved the proposal.  Because this is a re-subdivision, a public hearing will be required including notification to the Groton utility (because of the proximity to the reservoir).  Also Peter stated that possibly an open space waiver would be submitted because there is no adjoining land that could be made into open space which includes wet lands that are on both the east and north side of the proposed lot. Questions from the commissioners on whether the wet land buffers could be considered open space.  Mike Cherry recommended to Pete Gardener to work this out with the town planner including whether we need to consider that open space is even required.  The POCD requires that the commissioners consider all proposals for open space and that part of the benefit of the POCD is so that development may take place.  Finally, the full submittal needs to include the text amendment of the zoning regulations.

Ap# 513; Victoria S. Crawford, Applicant/Owner; Proposed 3 lot re-subdivision of 463 Pumpkin Hill Road, 7.69± acres, R-60 zone.

Tentative Date of Receipt: April 15, 2010
Peliminary Review Date: March, 4, 2010
Date of Receipt plus 65 Days: June 19, 2010
Fee: $860.00

Aerial Map

Discussion from Minutes of March 4, 2010:

James Bernardo made the presentation.  This proposal is a re-subdivision which will require a public hearing.  The property used to be a resort and the proposal is a 3 lot re-subdivision.   On lot one there is an old pool house.  Building set backs will need to be considered. There was considerable discussion on the somewhat irregular lot  line boundary proposals.  Also the plans need to show the proposed structure locations.  The total lot size is 8 acres which requires open space of 1 acre.  The proposal would set aside land for use as farming and horse riding which if given to Avalonia would need an agreement in writing from Avalonia stating this intent.  The proposal also requires the present value of the 8 acres.  James stated that a fee in lieu of open space would not be feasible.  It is recommended before final submittal that the developer get with the conservation and open space committee to discuss the open space proposal including any required easements.

Update: The Commission accepted the application and scheduled a public hearing for May 6, 1010.

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