OLD LYME PLANNING COMMISSION
PUBLIC HEARING AND REGULAR MEETING
NOVEMBER 12, 2009
PRESENT WERE: Chairman Harold Thompson, Robert McCarthy, Steve Ross, and Alternates Steve Martino, Sean Mulligan and Robert Pierson.
CONTINUED PUBLIC HEARING
EAST SHORE POINTE SUBDIVISION – SKIP 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.
Bob Pierson will be seated for the public hearing.
Harold Thompson stated the developer has requested the commission consider a modification to the original approval of the East Shore Pointe Subdivision. Thompson stated the original approval required the removal of a rear building. He stated the developer has requested that this building remain on the property. He stated the Zoning Enforcement Officer has requested that as part of the modification that this structure no longer be used as dwelling unit or guest cottage.
Thompson stated Attorney Cassella has drafted an agreement to be executed between the Town of Old Lyme and Ailanthus Farm Estates, LLC and Francis Adams. He stated this agreement does allow the accessory building to continue be used as dwelling until June 2010 because there is currently a student living in the building. He further stated if the use is not discontinued in June 2010 a Cease and Desist Order would be issued and the developer would be fined $50.00 a day and held responsible for all legal fees in the enforcement of this action.
Thompson also reported that the developer has paid all outstanding engineering and legal fees to the town.
Thompson read the letter from Ann Brown dated November 13, 2009 into the record. (See attached)
Page 2 – Minutes
OLPC – 11-12-09
Steve Ross expressed concern about the impact to the adjacent property owners by this further encroachment into the setback. He further stated he didn’t feel there was a hardship to the developer in complying with the original approval granted by the Planning Commission. Ross stated the only change in this proposal from what was originally approved is the removal of this accessory building. He further stated the developer is currently seeking the approval for the structure to remain as a garage/storage area. Ross stated he would like to hear how the neighboring properties feel about the modification to the approval.
McCarthy asked if this building was definitely intended to be removed at the time the approval was granted. Groves stated there was a Note on the plan which indicates the building was to be removed.
Pierson stated that sometimes there is a benefit to having a storage shed on the property versus the property owner storing the items in the yard for everyone to view.
QUESTIONS FROM THE PUBLIC:
Bob Castonguay– 4 Olivia Lane – Mr. Castonguay stated he lives right next to the barn. He stated that he has been inside the barn and reported it is nothing more than a shed. He further stated he finds the shed to be a very neat looking structure.
Richard Breitwieser -1 Olivia Lane – Mr. Breitwieser stated he also concurred that he did not have a problem with the shed remaining as long as it was only a used for storage and not a residential dwelling.
Mr. Breitwieser stated he would also like to ask the commission if possible if Olivia Lane could be accepted as a town road prior to the developer meeting his conditions in June 2010.
Thompson stated that was the intent of the commission but he will verify that these two items could be handled separately with counsel. Ross also stated he didn’t see why the road could not be handled as a separate issue once the as-builts are completed. Thompson stated the agreement between the two parties needs to be executed first to move the process along and then the commission can move toward making the recommendation to the Board of Selectmen to get the road accepted as a town road.
Harold Thompson made a motion to close the public hearing. Steve Ross seconded the motion. The motion passed unanimously.
Page 3 – Minutes
OLPC – 11-12-09
REGULAR MEETING
Steve Ross made a motion to add East Shore Point to the regular meeting agenda as Item 2. Robert McCarthy seconded the motion. The motion passed unanimously.
Chris Kerr was seated for the remainder of the meeting.
LOT LINE MODIFICATION – THOMAS COTY AND RICHARD DIESEL –
8 SPRUCE AVENUE
Kim Groves noted the applicant has submitted a survey as requested by counsel, Brendan McKeever. She further noted that Attorney McKeever has not yet had an opportunity to review the plan. Groves also noted that the commission did not have the right to waive the survey requirement. The commission reviewed the plan.
Thompson noted that both the Zoning Enforcement Officer and Health Official have issued letters indicating the proposal complies with the regulations.
Harold Thompson made a motion to approve the Lot Line Modification. Bob Pierson seconded the motion. The motion passed unanimously.
VILLAGE ESTATES SUBDIVISION – NECK ROAD – P.N. DIPINTO BUILDERS, LLC – VILLAGE LANE – DISCUSSION OF RECOMMENDATION TO BOARD OF SELECTMEN REGARDING THE VILLAGE ESTATES BOND
Thompson stated that there are two bonds currently being held by the Town of Old Lyme; the restoration bond and the sedimentation and erosion bond. Thompson stated those two bonds total $37,000. He stated the projected cost for the completion of work is approximately $28,500.00 which leaves about $14,000.00. Thompson noted that the legal and engineering fees will need to be paid out of the remaining $14,000.
Ross asked if the $28,500 included the work that had been completed by Tony Hendriks on behalf of the developer but still had yet to be paid. Thompson stated it did not. Groves stated that the invoice that was submitted to the commission included work back to 2006. Groves stated it was not the responsibility of the town to collect the monies owed by the developer to Mr. Hendriks. Groves stated the town might be able to negotiate with Mr. Hendriks to obtain the as-built for some of the money he is owed by Mr. DiPinto.
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OLPC – 11-12-09
Thompson stated the Mr. Metcalf will be submitting an itemized list of outstanding things to be completed at the subdivision and then the town will submit that proposal out to bid. Discussion ensued about the items to be completed in the subdivision and the process of accepting Village Lane as a town road.
Ross asked if there was enough money between the two bonds to cover the estimated cost and make the necessary improvements so that it will conform to a town road and complete what is suppose to be completed. Ross stated if the answer to that is “yes” it now begins the process of calling the bond. Thompson stated the Planning Commission makes that recommendation to the Board of Selectman.
Harold Thompson made a motion that the Planning Commission recommends that the Board of Selectman call the Performance Bond and the Sedimentation and Erosion Control Bond to complete the necessary subdivision improvements on the Village Estates subdivision as set forth in Tom Metcalf’s letter dated October 15, 2009 and to compensate the Town for its fees for inspection, professional, legal, engineering and planning review of the subdivision to date. Robert McCarthy seconded the motion. The motion passed unanimously.
EAST SHORE POINTE SUBDIVISION – DECISION
Steve Ross commented for the record that in light of his previous comments having heard from the public that they consider the accessory garage and asset not a liability to remain. Steve Ross made a motion to approve the drafted agreement between the Town of Old Lyme and Ailanthus Farm Estates, LLC and Francis G. Adams. Robert McCarthy seconded the motion. The motion passed unanimously.
Steve Ross also suggested that once the agreement is executed, the process to accept the road be moved along as quickly as possible. Pierson concurred that once a resolution is reached the commission would try to expedite the process.
READING AND APPROVAL OF THE OCTOBER MINUTES
Steve Ross made a motion to waive the reading and approve the minutes as submitted. Robert McCarthy seconded the motion. The motion passed unanimously.
Respectfully submitted,
Kim Groves
Land Use Administrator
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