Home Care In Old Lyme, CT

OLD LYME — Construction has accelerated on a nine-lot subdivision project at 16 Neck Road more than a week after the town’s Zoning Enforcement Officer instructed the Westport-based developer, Frank Nocito, to halt work until he agreed to supervision by a town-approved engineer.

“We asked our engineer Jacobson Associates for a proposal to supervise the work that is being done there. We have received a quote for that proposal and we have provided it to the property owner. We have instructed the property owner not to do further work until they agree to have a supervisor by Jacobson,” Eric Knapp, the town’s zoning enforcement officer, told CT Examiner on Dec. 21.

As of Jan. 2, Knapp told CT Examiner that he still had not heard from Nocito, who is developing the property as Keystone Capital Corp.

“I have not heard back from him or anybody else regarding the engineering that needs to get done for that site – or the review of the work rather by the engineer – for that site. I am still pressing on this issue and I hope to have news shortly,” Knapp said in response to a query by CT Examiner.

Knapp said that he had not issued a cease and desist to the developer to halt work on the 12.3-acre parcel. “We don’t really issue cease and desists particularly,” in the case of subdivisions, Knapp told CT Examiner.

Knapp said that such work does not need to be inspected continuously but that an engineer needs to check at key points of construction.

“There are certain points where there need to be inspections of certain improvements to make sure they meet the quality and the performance as set forth in the approved subdivision. There are certain things that need to happen regarding the retention basin regarding the base road quality,” said Knapp.

“The point,” Knapp explained, “is that before they get too far along, we want to inspect to make sure that the work has been done correctly. Otherwise, it leads to problems down the road.”

Nocito, who hasn’t responded to questions shared by CT Examiner before the Christmas holiday, was sued by a former partner in a dispute over purchasing the 16 Neck Road property. That lawsuit was later withdrawn.

As Old Lyme CT Properties Corp., Nocito is also named in an unresolved lawsuit filed in August in New London Superior Court by a local family regarding the long-stalled completion of a house in the Lords Meadow Subdivision in Old Lyme.

After that lawsuit was filed, William Pitt Sotheby’s Realty in Old Lyme continued to sell and advertise projects in the Lords Meadow Subdivision.

Questions asked prior to the Christmas holiday regarding the company’s business practices, and the decision to continue its business relationship with Nocito, were not returned by William Pitt Sotheby’s.

Asked earlier in June about the apparent lack of erosion controls on the 16 Neck Road parcel, which drains into the Connecticut and Lieutenant Rivers, two town commissions – Planning and Inland Wetlands – placed the burden of enforcing erosion controls on the zoning enforcement officer.

Knapp explained to CT Examiner at the time that enforcement in the case of a subdivision would be a matter for the town’s Planning Commission.

“The remedy would be to bring the developer back to planning and to revoke the subdivision,” Knapp said. “But we are hoping not to get there.”

Cate Hewitt is a reporter and Deputy Editor for CT Examiner. Hewitt covers planning and zoning issues.

OLD LYME — Claims that the Zoning Commission had decided to reject a project for storage units on Shore Road before properly considering the application, were among the complaints in a lawsuit filed last week against the town.

Kids Realty LLC and Pond Realty LLC filed an appeal in state Superior Court on Jan. 23 of a second denial on Jan. 8 by the Zoning Commission. If that decision is overturned, the developers plan to construct three 28-foot storage facilities on a 3.77-acre site at 250 Shore Road zoned for commercial use across from the town’s residential beach communities.

In the lawsuit, the developer noted that during the application process, the commission’s monthly agenda included a discussion of a moratorium on storage units or potential regulation changes to prohibit or limit storage structures. These discussions were included on the same agenda as the applicant’s “receipt of application” in September and subsequent public hearings in October, November and December, as well as the Jan. 8 meeting.

The lawsuit also alleges that an illegal public meeting was called on Nov. 10, a national holiday, to review drainage adjacent to 250 Shore Road and included a number of town officials, but excluded the applicant’s engineer, Bob Doane of Doane Engineering, who had requested to be included.

The meeting, which was not publicly noticed, was attended by a quorum of the Board of Selectmen — then-First Selectman Tim Griswold and then-Selectman Martha Shoemaker. Also present were Ed Adanti, public works director, Eric Knapp, land use coordinator, and Jeff Jacobson of Jacobson Engineering, the town engineer.

The suit states that the town’s public works director, Ed Adanti, called the meeting and that he had spoken in opposition to the project at the October hearing.

According to the Oct. 10 minutes of the Zoning Commission, Adanti “expressed concern about the enforcement of hazardous material restrictions and the resulting spillage or runoff going into the local waterways. Mr. Adanti recommended the Town Engineer review the plan and go back to the Zoning Commission with a recommendation.”

But in an email to CT Examiner on Jan. 30, Knapp said the meeting “was definitely called by Martha. She wanted Ed, Jeff and me to see the extent of the water under the overpass and talk about solutions.”

In a phone call with CT Examiner, Shoemaker said that the purpose of the meeting was to observe the flooding under the Cross Lane railroad bridge and to follow the flow of the water across Shore Road to Swan Brook.

By phone, Griswold said the meeting was intended to bring Shoemaker, who was soon to be sworn in as First Selectman, up to speed on flooding and water issues in that area.

Griswold acknowledged that the meeting probably violated public meeting laws, but said the meeting itself was immaterial.

“It was not to conduct business, it was just an informational thing,” he said. “There were no matters to be voted on then or afterward about the thing. It was just an introduction as to what was going on there.”

In addition to its Jan. 23 lawsuit, the developers’ appeal of the commission’s previous application denial on May 8 is pending.

The developer withdrew its initial application in 2021 after more than 100 residents signed a petition opposing the project, citing concerns about traffic, the management of hazardous materials and children’s safety at a nearby school. According to a town hall spokesperson, there also wasn’t enough time within the 65-day application period to comply with conditions required by the town engineer and the state Department of Transportation.

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Editor’s note: The project would construct three 28-foot-tall buildings, not 35-foot. This story has been updated.

Cate Hewitt is a reporter and Deputy Editor for CT Examiner. Hewitt covers planning and zoning issues.

cate.hewitt@ctexaminer.com

OLD LYME — Road quality test results at the 16 Neck Road subdivision have returned as “deficient,” which will result in a delay in certification of a house foundation until the road quality is brought up to town standards.

Eric Knapp, the town’s land use coordinator, clarified Wednesday that the portion of the subdivision building permit under his jurisdiction is on hold, but other areas that fall under the building official or the Ledge Light Health District, for example, are not.

“The zoning responsibilities within the building permit are on hold,” he said.

However, he noted, putting a hold on this step will prevent approvals further down the list.

“There’s a limit to how far we can go down the chain with me placing a hold here,” Knapp said, referring to the list of items on the building permit.

Knapp said the developer, Frank Nocito of Keystone Capital Corp., submitted the surveyor certificate for the foundation of one of the houses, but his approval is on hold until road quality tests meet town standards.

The next step for Nocito is for his paving company, Anton Paving, to bring the road up to town standards.

Knapp said a representative from Jacobson Engineering should be present when the road samples are taken, which did happen the first time. He said the road material must immediately be sent for testing to verify that it meets the town’s standards.

“Theoretically, if we were doing this properly, we would have a representative from Jacobson out there to make sure that as it’s going in, it’s going in per our standards,” he said. “The goal is essentially our person is there witnessing that material being taken out of the sample and then being sent off to the lab. … But again, having someone from Jacobson there witnessing is the best insurance to make sure it gets done properly.”

Knapp said Nocito submitted a partial payment for Jacobson’s services in overseeing the work.

“What they have done is we showed them the bill that Jacobson has already provided us, that we’ve already paid, and they have reimbursed us for the amount of the bill that Jacobson has already sent us,” Knapp said.

He emphasized that road quality was of key importance to his areas of jurisdiction.

“Ultimately, it’s on them now to demonstrate that the road is of sufficient quality and in data core samples from very specific locations. … But it’s going to be on them to demonstrate that when they’re done, the road, in its entirety, meets the town’s standards,” he said.

The town’s Planning Commission approved Nocito’s application for a subdivision on 12.3-acre parcel in 2022. Nocito was ordered to install proper erosion controls in January after six months of disagreements about which town department had jurisdiction.

Cate Hewitt is a reporter and Deputy Editor for CT Examiner. Hewitt covers planning and zoning issues.

cate.hewitt@ctexaminer.com

OLD LYME — Due to delays in state funding and risk insurance, the Lymes’ Senior Center $5.5 million renovation is at least five months behind schedule, leaving frustrated community members to question why the facility was closed last October when it could have remained open.

According to a June presentation, construction was slated to begin last September, with a return date of Oct. 1, 2024, to the facility that serves seniors of Lyme and Old Lyme.

On Wednesday, the Lymes’ Senior Center Building Committee announced the new groundbreaking date would be in March, with a hope of moving back in by Dec. 31.

Committee Chair Jeri Baker explained that the delays were, in part, a result of awaiting approval for $500,000 in Small Town Economic Assistance Program grants to Old Lyme and Lyme. The grant applications were submitted in August and were just approved two weeks ago.

“They didn’t publish the grant until Aug. 1, and we had one month to do it,” Baker said.

She said the awards were announced on Sept. 23, 2023, and the governing body for the grant – the Department of Economic and Community Development – was not designated until Oct. 23, 2023.

During this time, Baker said the committee also had to obtain site approval from the State Historic Office of Preservation.

Additionally, she said the committee was currently soliciting bids for a builder’s risk policy, which covers materials in the building during the project.

“The insurance industry is crazy. We’re facing a premium that we might not have anticipated,” Baker told the committee.

The 5,400-square-foot facility center was completed in 1996 at 26 Town Woods Road in Old Lyme and is shared between Old Lyme and Lyme, with each town paying 75 percent and 25 percent of the costs, respectively. The center claims to have 1,100 members aged 55 or older, and offers meals and wellness programs, as well as a range of activities like yoga, dance, arts and crafts, card games and trips. The renovation would add about 3,500 square feet and create flexible spaces with movable walls.

According to the June presentation, Old Lyme will contribute $4,158,407 to the project, and Lyme will pay $1,386,136.

“We still need to codify how funding will take place in Old Lyme, but Lyme is up to date on that,” Baker said.

Baker said at their Jan. 16 meeting, the Old Lyme Board of Selectmen will discuss funding options to recommend to the Board of Finance that evening.

B.J. Bernblum, committee member and the Old Lyme Board of Finance chair, said the town had approved the “aggregate expenditure,” but had discretion on whether to take the amount from the general fund.

“If we use bonds or borrow money, then we will need additional authorization,” he said.

First Selectman Martha Shoemaker, a member of the committee, said Old Lyme will need to hold a town meeting to approve financing.

During public comment, Old Lyme resident Jane Folland told the committee that the delays and lack of access to the building had negatively affected the center members’ sense of community and emotional health.

“It’s not really about going to yoga class, playing cards and that’s it. We really had a nice building where we could meet up with old friends, meet new friends, form new relationships, have a cup of coffee, talk, and I’d like to see that going forward,” Folland said. “So I just wanted you to be aware that any delays to the schedule don’t just impact your project plan, but also impact the senior members of both towns.”

Folland said communication from the towns and the building committee about the project had been poor and sporadic.

“What I would really like to see from the committee is a regular update to the senior center members. It would be great if you could summarize what is happening on a monthly basis and publish it in the senior center newsletter,” she said.

Folland added that a lack of communication has resulted in rumors circulating about the project.

“What I’ve heard from several people is that it runs the gamut, that the project was stalled will never happen. There were just lots of rumors. … So it’d be great if we could get some good messages,” she said. “And if there are delays, don’t be afraid to let us know that there’s a delay. We just want to know what’s happening.”

Deborah Fazzino, of Old Lyme, noted that many senior residents do not own the technology that the town might typically use for communications.

“A lot of people of that generation do not have computers, no email, no smartphones, they don’t have any of that,” she said. “It’s word of mouth information, and when that’s not correct …”

Baker agreed that the newsletter would be an effective way to communicate project updates.

Foland’s spouse, Bill Folland, also said there lacked a “critical path” schedule identifying major milestones in the project.

“Who’s generating this critical path? Are we where we are today because we did not generate a critical path?” he said. “We are 25 percent behind schedule and we’re not going in the right direction.”

Bill questioned where the preconstruction phase would fit in the schedule. Committee member Ken Biega responded that PointOne architects, the firm that designed the renovation, had been hired for preconstruction and that Newfield Construction would complete the next phase.

Bill also asked why the center had been shut down in October when contracts had not been signed, the bid package hadn’t gone out, the project management team hadn’t been selected and construction had not been scheduled.

Committee member Alan Sheiness, chair of Lyme’s Board of Finance, explained that the committee did not control the STEAP grant process and could not have anticipated asking for insurance quotes last summer.

Danielle Couture, project manager of Newfield Construction, said the deadline for requests for proposals is Jan. 25 and that bids would open during a public meeting on Feb. 6.

The committee also discussed tactics for private fundraising and finding donors who would be listed on a plaque at the center. Bernblum, Sheiness, Lyme Selectman John Kiker and committee member Rick Goulding agreed to form a working group for fundraising.

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Editor’s note: In a later communication with CT Examiner, Baker clarified that the STEAP grants were announced on Sept. 23 — not on Sept. 9 — and that DECD was designated as the governing body on Oct. 23, 2023. Also, the Board of Selectmen, rather than Baker, will discuss funding recommendations that will be sent to the Board of Finance on Jan. 16. In addition, Rick Goulding’s name was previously omitted from the list of committee members forming a working group for fundraising.

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Editor’s note: According to a June 2023 presentation about the Lymes’ Senior Center renovation, the center currently has more than 1,100 members aged 55+, not 1,600 members over the age of 70 as previously written. This story has been updated.

Cate Hewitt is a reporter and Deputy Editor for CT Examiner. Hewitt covers planning and zoning issues.

cate.hewitt@ctexaminer.com

OLD LYME — Three years after proposing an apartment complex requiring a tie-in to sewers, Mark Diebolt is back with an affordable housing project relying instead on septic.

The state’s affordable housing statute allows developers to largely bypass local zoning approvals in towns where less than 10 percent of the housing stock qualifies as affordable. According to the 2022 Housing Appeals List, 1.57 percent of Old Lyme’s housing stock meets state rules of affordability.

Diebolt is planning six buildings of 30 to 32 units each. Of the total 189 units, 57 would be affordable for people earning 50, 60 or 80 percent of the area median income, which was $113,889 in 2021, according to census data.

The buildings would be built on Diebolt’s 20.6-acre parcel at 49 Hatchetts Hill Road and a 16.25-acre adjoining parcel at 54-6 Four Mile River Road that he recently purchased and where he plans some of the septic.

Diebolt, engineer Seamus Moran and investors from Port One Companies presented the outlines of the proposal to the Planning Commission during an informal discussion on Thursday, in part to secure the commission’s approval to subdivide the two existing lots into six lots to fulfill state septic requirements.

The Hatchetts Hill property was zoned for multifamily use under a special exception in 2005 when a developer purchased the land from Diebolt with plans to build 16 luxury condos. That project was never built and Diebolt eventually regained ownership.

Peter Bartash, CEO of Port One Companies and a licensed architect, told the commission that the location for the project – in a mixed industrial and residential setting with easy access to the highway – would have very little impact on the town.

“It really stood out to us that we could look at doing something that has a little bit larger scale here from an overall project perspective without compromising the character integrity of the town,” he said.

Moran told the commission that subdivision was the first step in moving the project forward.

He said that testing of the soil in the 54-6 Four Mile River Road parcel showed it was “very nice sand and gravel that would be great for septic systems,” and he estimated that each building would need 7,500 gallons of sewage capacity a day, the limit allowed for approval by Ledge Light and the Department of Health.

Moran said that except for the septic area, the lower property would be dedicated open space with walking trails.

Commission member Jim Lampos questioned whether the well on the site could provide sufficient water for the residents.

Moran acknowledged that a well on site produces 50 gallons per minute, but said the buildings would have water storage tanks to meet demand at peak flow.

He also emphasized that the design was in its early conceptual phase. “We’re at about two and a half percent of the design.”

Bartash said the construction is planned for two phases over a two or three year period, first with 60 units closer to the Hatchetts Hill Road entrance, followed by 129 units in the second phase built toward the back of the parcel.

The site is close to a pump station for the East Lyme sewer system, but Diebolt was unable to gain permission in 2020 to use 50,000 gallons of 300,000 gallons designated for the town and the beach communities in an agreement with New London. The beach community sewer project, estimated at $14.1 million to $21.1 million, is still on hold while the town awaits word on a $17 million forgivable loan from the Department of Energy and Environmental Protection.

Editor’s note: A previous version of this story stated that Diebolt was unable to gain permission from the Old Lyme Water Pollution Control Authority (WPCA) to use 50,000 gallons of 300,000 gallons designated for the town and the beach communities, but the WPCA did not have the authority to grant that permission due to its agreements. Also, “Four Mile Creek Road” has been corrected to “Four Mile River Road.” This story has been updated.

Cate Hewitt is a reporter and Deputy Editor for CT Examiner. Hewitt covers planning and zoning issues.

cate.hewitt@ctexaminer.com