OLD LYME PLANNING COMMISSION
SPECIAL MEETING
FEBRUARY 26, 2009
PRESENT WERE: Harold Thompson, Rob McCarthy, Steve Ross, Chris Kerr, and Alternate Sean Mulligan and Robert Pierson. Also present were: Attorney Ed Cassella and Kim Groves.
The commission held a Special Meeting to discuss adding new language to their Subdivision Regulations regarding bonding. Attorney Cassella distributed language from
local area towns with regard to “Conditional Approvals”.
The commission discussed their concerns regarding both on-site and off-site improvements. Attorney Cassella explained one of the options that are available under the state statute is a step in between the public hearing process and final approval called “Conditional Approval”. He stated that under our current regulations when a landowner gets an approval from this commission basically its conditioned on them filing the mylars, legal language and posting the bond prior to filing. He stated once the landowner files the mylar he is free to market the lots in the subdivision. Therefore, he stated this process prevents the applicant from marketing the lots until the bond is posted to protect the town. Cassella this allows the landowner a maximum of about 270 days to complete
these tasks He stated conditional approvals differ in that prior to “final approval” it allows an interim period up to five years with an additional five-year extension available. The landowner would have this period to complete some improvements on the property with the condition that they cannot sell any lot during that period.
Cassella noted that quite of few towns in the area offer this to perspective applicants. He further noted that Old Saybrook is also in the process of drafting language for their regulations.
Cassella stated in this process he would still recommend that the applicant post a sedimentation and erosion control bond because they will be working on the site building the road and drainage. Cassella stated that after the conditional approval is granted it provides the option of either completing the improvements during that five-year period or posting the bond to complete the improvements. Cassella stated that what is missing in our regulations is to do the improvements prior to “final approval” so the applicant will have the tendency to complete ¾ of the improvements and then agree to post that final 25 percent bond.
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Cassella noted however the applicant may ask for it to be switched to a cash bond at any time depending on their cash flow.
Kerr asked what happens if someone wants their approval but has no plans to do any work at all on the site. Cassella stated that the Town of East Lyme has a condition that states that the approval shall lapse two years from the date it is granted so they have taken that five year period and reduced it to two.
Kerr asked if it was true by state statute that subdivision approval expires in 5 years. Cassella stated that was correct but they can also ask the commission to grant an additional 5 years. Kerr stated he had heard that period of time might be expanded. Cassella stated the statute provides a template for which the commission can operate but the commission can always be more restrictive than the state statute.
McCarthy asked when the mylar was filed if a conditional approval was granted? Cassella stated that a preliminary mylar is filed at conditional approval. He noted that the mylar is stamped “PRELIMINARY” all over the plan in addition to a noted that states “NO LOTS CAN BE SOLD”. He also noted that this makes the perspective purchaser aware that it is a “conditional approval” and they should not purchase. Cassella also discussed the penalties in this sample language also included a $500 penalty for the sale of lots. The commission agreed that was not enough money to discourage anyone from selling a lot but it was a “Buyer Beware” situation.
Ross stated he felt the $500 fine was adequate for a “conditional approval”, not final, approval and the wording to alert a potential buyer is included. Cassella further stated you can reach an agreement with perspective purchasers and the commission can provide the potential purchaser with an out once final approval is granted by the commission in the event there are any conditions or changes to the plan that the purchaser doesn’t deem acceptable and this language is built right into the statute.
The commission discussed the various regulation wording that was distributed. The commission agreed on some of the points they would like to see incorporated.
- A bond be posted in the form and an amount that is acceptable to the commission’s counsel and engineer – review the bonding for final approvals to see what control we can have over non-conforming developers who post the sale of lots prior to expiration of the time period. Language discussed to possibly include a fine or revocation of permit.
- The Design and Construction Standards for the Town of Old Lyme need to adjusted to work in tandem with any new language added to the regulations.
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- The commission liked the language used in East Lyme in the first sentence after Conditional Approval.
- Notice be placed on the Land Records
- Conditional approval for three years with two – two year extensions
- A sedimentation and erosion control bond would be required.
- A restoration bond for any off-site improvements necessary
The commission agreed they would like to have a draft prepared for discussion at the March meeting and possibly move to Public Hearing at the April Meeting. Cassella asked if there was a registry in the Land Use Office. Ross stated there are people who have signed up to get notices from the website.
Respectfully submitted,
Kim Groves
Land Use Adminstrator
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