OLD LYME PLANNING COMMISSION
SPECIAL MEETING AND PUBLIC HEARING
THURSDAY, AUGUST 13, 2009
PRESENT WERE: Chairman Harold Thompson, Alternate Robert Pierson seated for Robert McCarthy, and Alternate Steve Martino seated for Chris Kerr. Also present were: Attorney Ed Cassella, Tom Metcalf, Engineer and Kim Groves.
Chairman Thompson called the meeting to order at 4:30 p.m.
VILLAGE ESTATES SUBDIVISION – NECK ROAD – P.N. DIPINTO BUILDERS, LLC – VILLAGE LANE – TO CALL THE PERFORMANCE BOND OF THE REFERENCED SUBDIVISION TO THE EXTENT NECESSARY TO COMPLETE THE BONDED IMPROVEMENTS AND UTILITIES REQUIRED TO SERVE THE LOTS.
Thompson stated that the commission received a letter from Thomas E. Metcalf, P.E. dated August 12, 2009 who visited the site and has compiled a list of work to be completed prior to the Town’s acceptance of the road and associated drainage at the subdivision. Thompson stated that the list includes:
- Guard rail installation
- Fence installation along property line in common with land now or formerly owned by Moore.
- Clearing of vegetation along sight lines at the intersection of Village Lane and Neck Road.
- Cleaning (removal of deposited silt/soil) of catch basins.
- Submission of a recordable copy of the as-built plan.
- Resolution of drainage issues associated with the upper drainage basin along the entrance of Village Lane.
- Submission and execution of legal documents and completion of regulatory requirements pursuant to Section 3.20 Acceptance By the Town of the Subdivision Regulations.
Thompson stated that most of the items outlined above are straight forward with the exception of Items 5 and 6.
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Thompson stated the next step for this commission is to make a recommendation to the Board of Selectmen to call the bond. He further noted that when that recommendation is made to the Board of Selectmen it is the goal of this commission to have cost estimates for the work that needs to be completed along with bids from qualified contractors.
Metcalf stated that Tony Hendriks submitted an as-built plan in 2006 but sine that time there have been minor changes made at the site. He noted the town does not have a copy of a fixed line mylar that is signed and sealed to be recorded on the land records. Metcalf stated it would be easy enough to contact Mr. Hendriks to obtain a copy of the as-built, however it was his understanding that Mr. Hendriks is owed money by the developer and therefore is reluctant to release the mylars without payment.
Groves noted for the record that the Town of Old Lyme has received a letter from the legal office of Gibson and Behman dated July 13, 2009 representing Mr. Hendriks on the Village Estates matter. She noted that the letter indicates that their office represents Hendriks Associates, LLC and that P.N. DiPinto Builders remains indebted for the work performed on the project in the amount of $13,802.00.
Metcalf stated that there are two drainage basins in the drainage system. He stated that as originally designed, the basin was to drain “dry” after a storm event. He stated this has not happened. Metcalf stated in 2006 he suggested that the developer contact Mr. Hendriks to resolve this issue. He stated at this point this situation will need further assessment by either himself or Mr. Hendriks prior to any work being done at the site. Metcalf also noted for the record he did provide Mr. Hendriks a copy of his letter to the commission dated August 12, 2009.
Thompson stated the extent of fixing the basin at this point is a little unknown. Metcalf stated it is not functioning as it should be but it is functioning. He stated it is retaining water for a period of time. Thompson asked Metcalf what the long-term impact would be to leave the basin as it is currently. Metcalf stated there is currently a lot of vegetation in the bottom of the basin and the pipe will eventually get clogged.
Attorney Cassella stated these decisions will ultimately be the Board of Selectmen’s once they have the money at their disposal to complete the improvements.
Thompson stated that the commission needs to notify Tony Hendriks in an effort to try to expedite a resolution to this matter. Thompson reiterated that he would like to make every effort to present a complete package to the Selectmen along with the recommendation to call the bond.
Cassella suggested the commission make a motion to recommend the calling of the bond subject to Metcalf’s analysis and discussions about design elements and pricing.
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Questions from the Audience:
John Witmer - 3 Village Lane
Mr. Witmer expressed concern that the water being retained in the basin will attract mosquitoes. He further stated he felt it was a health hazard. Mr. Witmer also asked what happens if the cost of the site improvements exceeds the bond amount. Cassella stated the town would have to make a decision as to whether to pay for it or to try to pass those costs on to the developer who still owns the road and one lot.
Thompson made a motion to make a recommendation to the Board of Selectmen that the bond be called for the Village Estates Subdivision per the items that have been identified in Tom Metcalf’s letter to the Planning Commission dated August 12, 2009. Robert Pierson seconded the motion. The motion passed unanimously
Harold Thompson made a motion to close the public hearing for Village Estates Subdivision. Robert Pierson seconded the motion. The motion passed unanimously.
EAST SHORE POINTE SUBDIVISION – SKIP ADAMS, ADAMS BUILDERS, INC. – OLIVIA LANE. TO CALL THE PERFORMANCE BOND OF THE REFERENCE SUBDIVISION TO THE EXTENT NECESSARY TO COMPLETE THE BONDED IMPROVMENTS AND UTILITIES REQUIRED TO SERVE THE LOTS.
Thompson reported that the commission has received correspondence from Tom Metcalf and Ann Brown regarding the above referenced matter.
Metcalf stated that he felt the notice of calling the bond has resulted in correspondence from Mr. Adams. He reported that he recently spoke with Mr. Adams who stated he was in the process of completing the outstanding site improvements. Metcalf stated that Mr. Adams indicated he would take care of these items within the week. Therefore, he did not recommend calling the bond considering the minor work that needs to be done at the site and suggested the public hearing be held open until the September meeting.
Thompson reviewed the items outlined in Metcalf’s letter to the commission dated August 12, 2009.
- Provide manhole rim and cover at drainage pipe cleanout.
- Provide “Dead End” or “No Outlet” sign.
- Seed and mulch disturbed areas associated with drainage pipe. This includes grading as necessary.
- Provide an up-dated as-built plan to show constructed/installed drainage pipe.
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- Provide necessary legal documents in accordance with the requirements of Section 3.20 Acceptance By The Town of the Subdivision Regulations.
Thompson noted that Ann Brown stated in her letter to the commission dated August 12, 2009 that there are also two other conditions which remain incomplete.
- The original house at 26 Bailey Road must be converted from a two-family house to a single family house.
- The accessory building at the rear of the lot at 26 Bailey Road must be removed.
(in compliance with the plan notes)
Groves reported that the developer has also recently spoken with Ann Brown regarding these issues.
Cassella asked if these items were bonded at the time of subdivision approval. Groves stated the bond was not specific but it was assumed that all of the items above were bonded.
Catherine Castonguay – 4 Olivia Lane
Ms. Castonguay expressed concern that the acceptance of the road would be held up until the two-family house was converted to a single family house. She did not feel this condition would be satisfied in the near future.
Algis Balinska – 6 Olivia Lane
Mr. Balinska also expressed concern that their road would not be accepted and therefore would not receive the services that come with a town road if it was dependent on Mr. Adams complying with the conversion of the two-family to a single-family for the accessory building being removed. He also stated he did not feel those two items would be accomplished in the next twenty years.
Richard Breitwieser – 1 Olivia Lane
Mr. Breitwieser expressed concern about the amount of time it has taken to resolve the situation. Thompson stated the hearing will be held open until the September meeting and if the items are not completed at that time the commission will make the recommendation to the call the bond.
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Attorney Cassella stated if the road requirements are completed and the legal documents are submitted the town could accept the road but retain the bond until the other conditions are satisfied
Harold Thompson made a motion to continue the public hearing until September. Robert Pierson seconded the motion. The motion passed unanimously.
REFERRAL OF PROPOSED REGULATION – CHANGE TO SECTION 4.1
The commission discussed the proposed regulation change. Thompson stated he had no problem with the language. Pierson concurred.
Thompson made a motion to recommend approval of the proposed regulation as presented. Pierson seconded the motion. The motion passed unanimously.
Respectfully submitted,
Kim Groves
Land Use Administrator
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