OLD LYME PLANNING COMMISSION
PUBLIC HEARING AND REGULAR MEETING
SEPTEMBER 10, 2009
PRESENT WERE: Harold Thompson, Robert McCarthy, Steve Ross, Chris Kerr and Alternates Bob Pierson and Stephen Martino.
Chairman Thompson called the meeting to order at 7:30 p.m.
CONTINUED PUBLIC HEARING
East Shore Pointe Subdivision – Skip Adams, Adams Builders, Inc. – Olivia 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.
Steve Ross noted he was not present at the Special Meeting. Harold Thompson seated Stephen Martino for Mr. Ross.
Bob Pierson was seated for Connie Kastelowitz.
Chris Kerr recused himself from the application.
Thompson stated the hearing was continued at the last meeting because Skip Adams, Developer for the project, was making progress towards addressing all the issues. Thompson noted that the as-built drawings have been submitted (revised through 9/8/09) showing the proposed drainage improvements. Thompson noted that the conversion of the multi-family dwelling to a single-family dwelling still has not been completed, therefore he suggested the hearing be continued for one more month in an effort to achieve compliance with all the site improvements that were approved for this subdivision.
Martino asked if the structured had been removed from the rear of the property. Thompson stated that also needs to be completed.
Thompson made a motion to continue the hearing for East Shore Pointe Subdivision for one more month. Bob Pierson seconded the motion. The motion passed unanimously.
REGULAR MEETING
Steve Ross was reseated for the remainder of the meeting
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Subdivision – David and Mary Eklund – 312 Ferry Road – 9 Lots.
Thompson read the motion that was prepared by Attorney Cassella into the record.
Martino asked if the drainage issue with regard to the pool on one of the neighboring properties has been resolved. Thompson stated it was his understanding that issue has been resolved and was also covered in Items 3 and 5 of the proposed motion.
Robert McCarthy asked if the Board of Selectmen had formally approved the issues with regard to Ferry Road. Thompson read a letter into the record from Marilyn Clarke dated September 8, 2009 to Tim Griswold, First Selectman.
Thompson stated that the application for subdivision was presented to the Planning Commission on April 9, 2009 and the Commission held public hearings on May 14, 2009, June 11, 2009 and July 9, 2009.
The Commission has reviewed the information and materials submitted with the application and during the public hearing. Based upon the information and materials submitted as well as the statements of the applicant, referrals from the Department of Environmental Protection, and the testimony of the members of the public in support of and in opposition of the subdivision, the Commission makes the following findings:
1. The application is consistent with the goals and policies set forth in the Town Plan of Conservation and Development, in that the application protects natural and coastal resources by complying with the 100 foot non-disturbance area adjacent to the Inland Wetlands, mandating engineered sanitary septic systems where necessary and providing sedimentation and erosion control measures.
2. The application meets the policies set forth in Section 1.2 of the Subdivision Regulations by providing proper regard for open spaces and protecting the natural beauty and topography of the town, including the scenic features, wetlands, watercourses and coastal areas.
3. The application meets the requirements of the Subdivision Regulations.
4. The property boundaries with Ferry Road have been identified and adopted by the Old Lyme Board of Selectmen.
5. The proposed open space dedication of 7.60 acres, is satisfactory under Section 5.10.
6. Based upon the information provided by the applicant, the on-site pond has been determined to be an inland wetland.
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Planning – 09-10-09
7. The requested waivers of section 5.5.5.2 (widening of Sand Piper Point Road) and 5.12.4 are approved based upon the following: a) the waivers will not have a significant adverse impact on the adjacent properties; b) the conditions upon which the request for the waivers are based are unique to the property; and the waivers will not conflict with the Town Plan of Conservation and Development, Town Ordinances or the Regulations of other Town Boards and Commissions.
8. The coastal site plan, which has been reviewed under Section 4.5.4 of the Subdivision Regulations, is consistent with the goals and policies of the Coastal Management Act, General Statutes § 22a-90, et seq. in that the application minimizes adverse impacts on natural coastal resources, regulates use and development in a manner which minimizes adverse impacts upon adjacent coastal systems and resources.
Steve Ross made a motion to grant approval to the subdivision known as Resubdivision of the Property of David A. Eklund & Mary W. Eklund, as shown on the plans titled, “Resubdivision Plan Property of David A. Eklund & Mary W. Eklund Ferry Road & Sandpiper Point Road Old Lyme, Connecticut” Sheets 1 through 6, dated March 17, 2009, with revisions through July 7, 2009, prepared by Angus McDonald Gary Sharpe & Associates, Inc., with the following modifications/conditions:
- All required legal documents, including but not limited to the Open Space Warranty Deed, the Common Driveway easement, and the notice regarding potential encroachments. All deeds, easements and notices shall be filed simultaneously with the filing of the Mylar or at another time as approved by the Commission’s counsel. If applicable, a Certificate of Title shall be provided for all warranty deeds and easements establishing that there are no encumbrances other than standard utility easements.
- The applicant shall post bonds in amounts as determined by the Town Engineer in the forms acceptable to the Commission’s counsel.
- The applicant shall comply with the terms of the letter from Thomas E. Metcalf, P.E., L.S. dated June 9, 2009.
- The applicant shall apply to the Connecticut Department of Environmental Protection for an NPDES Phase I Permit, if necessary as determined by Thomas E. Metcalf, P.E., L.S based upon the amount of cumulative clearing of the site.
- The applicant shall file a notice on the land records at the time of the recording of the mylars referencing the notes depicting the “Possible Encroachments” from the property n/f of William Richeimer & Jean Richeimer on Sheet 3 of 6 of the Resubdivision Plan.
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- The applicant shall place a notation on the record resubdivision plan and site development plan that individual erosion and sedimentation control bonds are to be submitted when applying for zoning permits.
Bob Pierson seconded the motion. The motion passed unanimously.
South Lyme Estates – Release of Bond – 392 Shore Road
Thompson stated that the commission has not received any additional information since the last meeting when this item was discussed.
Harold Thompson made a motion to deny the request. Chris Kerr seconded the motion. The motion passed unanimously.
Original Division- Julia B. Maynard – 16 Whippoorwill Road.
Lee Rowley presented the plan. The commission received a memo from Ann Brown, ZEO, dated August 26, 2009 indicating that the proposed division complies with the zoning regulations. The commission also received a letter from Attorney Cassella dated September 10, 2009.
Bob Pierson made a motion to approve the Original Division of Julia B. Maynard at 16 Whippoorwill Road. Chris Kerr seconded the motion. The motion passed unanimously.
Talcott Farm Subdivision – Request for release of additional bond amounts.
Thompson noted that the commission received correspondence from Tom Metcalf, dated September 2, 2009. He stated that in addition to that letter he attached to prior letters dated March 10, 2008 and January 4, 2008. Thompson summarized by stating that Metcalf did not recommend a reduction of the bond amount at this time and recommended that the applicant’s engineer review the matter and provides the town with their assessment and a plan to resolve the situation.
Bob Pierson made a motion to deny the request to release the bond at Talcott Farms until there is a satisfactory response from Mr. Metcalf. Steve Ross seconded the motion. The motion passed unanimously.
Zoning Referral – Proposed Text Amendment – Registry Regulation- Section 3.
Definitions to include “Seasonal Dwelling”, “Seasonal Use”, “Year-Round Use” and “Year-
Round Dwelling” and a new Section 11.19A, shall replace the existing 11.19 which shall set
up a new system for the regulation of seasonal uses, including a registry of which properties
contain seasonal dwellings and which contain year-round dwellings. As proposed the
registry will include all properties within the R-10 Zoning Districts of the Town of Old
Lyme.
Thompson stated this referral deals with the regulation of “seasonal uses”. Thompson reviewed
the proposed text with the commission.
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Thompson reported that this regulation was drafted by the Attorneys for the Zoning
Commission.
Ross noted this amendment was drafted as a result of negotiations and agreements between the
association and the town and felt it was consistent with those negotiations. Ross stated he felt this
regulation answers questions and defines the issues and sets forth the criteria that is needed for
identifying or defining and also includes consideration for health and safety.
Steve Ross made a motion to indicate to the Zoning Commission that the Planning Commission is
in favor of the proposed text amendment . Bob Pierson seconded the motion. The motion passed
unanimously.
Wesley Poriotos – 5 Beaulieu Drive - Request for 90 day extension for filing of the mylars.
Bob Pierson made a motion to grant the 90 day extension for the Wesley Poriotos
application at 5 Beaulieu Drive. Steve Ross seconded the motion. The motion passed
unanimously.
Subdivision – Matthew and Sandra McDonald – Request for 90 day extension for filing of
the mylars.
Steve Ross made a motion to grant the 90 day extension for the McDonald application.
Rob McCarthy seconded the motion. The motion passed unanimously.
Reading and Approval of the July 9, 2009 and August 13, 2009 minutes.
Steve Ross made a motion to waive the reading of the July 9, 2009 minutes and approve them as submitted. Bob Pierson seconded the motion. The motion passed unanimously.
Bob Pierson made a motion to waive the reading of the August 13, 2008 minutes and approve them as submitted. Stephen Martino seconded the motion. The motion passed.
Chris Kerr abstained due to the fact he was not present.
Respectfully submitted,
Kim Groves
Land Use Administrator
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