OLD LYME PLANNING COMMISSION
PUBLIC HEARING AND SPECIAL MEETING
THURSDAY, SEPTEMBER 9, 2010
PRESENT WERE: Chairman Harold Thompson, Robert McCarthy, Chris Kerr and Don Willis seated for Connie Kastelowitz.
Chairman Thompson called the meeting to order at 7:00 p.m.
PUBLIC HEARING
RICHARD AND DONNA BATTALINO – 160 MILE CREEK ROAD.
Tony Hendriks of Rowley Hendriks and Associates and Attorney Michael Cronin were present on behalf of the applicant.
Attorney Cronin stated he spoke with Attorney Cassella this week at which time he raised two issues with regard to the application. The first issue was with regard to the title for a portion of this property that had been acquired through a neighbor after a long and contentious litigation. Attorney Cronin stated there was some question as to whether this settlement had been properly recorded. Attorney Cronin stated he told Attorney Cassella he would prepare a memorandum and submit it for the record. Attorney Cronin stated there was no deed but there were two court decrees after the litigation which are recorded on the land records in the Town of Old Lyme. He stated the second issue is that this application has not yet received wetlands approval and therefore this commission could not
act on the application until this approval was granted. Attorney Cronin suggested that the commission open the public hearing and continue it until these issues are resolved.
Attorney Cronin also noted that Mr. Metcalf has requested an easement or specific information on the plan with regard to the location of the well easement for the neighbor. Attorney Cronin stated this issue will require some research and the continuation of this hearing will allow him and his client the opportunity to address this issue by the October meeting.
Tony Hendriks submitted revised plans at the meeting. He noted he had made revisions to the plan as a result of the correspondence he received from Tom Metcalf which addressed concerns about the wall location in the front of the property as well as the error in one of his survey shots. He further stated that Mr. Metcalf has also requested a sight line demonstration for the proposed new driveway.
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Hendriks stated the revised plans address these issues as well as the other issues in Mr. Metcalf’s letter of August 31, 2010. Thompson stated there were eleven items outlined in Mr. Metcalf’s letter that needed to be addressed and asked Mr. Hendriks if all these items had been addressed. Cronin stated all the items had been addressed with the exception of the road and the well. Hendriks stated that Mr. Metcalf has also requested that the MABL be demonstrated on Parcel A and the applicant has requested a waiver of that request because this lot has existed since 1966 and currently has an existing home on it with a functioning leaching system. He stated that Mr. Battalino is a little reluctant to start digging up his yard. He further stated it is a very large lot with
many improvements on the site.
Hendriks stated the issue of open space would also be handled next month when the hearing is continued.
Harold Thompson made a motion to continue the hearing until the October meeting. Robert McCarthy seconded the motion. The motion passed unanimously.
RESUBDIVISION – H. MICHAEL SCHAEFER, ET AL, - 136 NECK ROAD
Tony Hendriks was present on behalf of the applicant H. Michael Schaefer. Thompson stated that the commission approved this application last year contingent upon elimination of a second kitchen at that property which was to be verified by an inspection done Ann Brown, Zoning Enforcement Officer. Hendriks stated this has not been done.
He stated Mr. Schaefer was supposed to set the inspection up but has not yet done so. He further stated the kitchen has been eliminated. Hendriks stated that subsequent to the subdivision being approved there were some concerns raised by Attorney Cassella about some easements and releases which Mr. Schaefer was having some difficulty resolving with his lenders. Hendriks stated this has been taken care of but he still has to resolve the issue with respect to the accessory apartment. He stated during the length of time his mother owned this property there had always been an accessory apartment and stated he has tried to make this apartment conform to the regulations as existing.
Hendriks stated the plan before the commission is exactly the same as what was approved by this commission last year.
Thompson stated it was indicated at the last hearing that the property was going to be given to members of the family through the estate. Hendriks stated that was still correct and that each of the three siblings will take title to a lot and that is why a waiver of the open space requirement has been requested.
Groves asked Mr. Hendriks if documentation had been provided to this effect to satisfy the open space requirement. Hendriks stated that Mr. Schaefer had made a statement at
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the hearing when this application was previously approved. Groves stated that something needed to be submitted with this application as part of the record. Hendriks agreed to provide that documentation at the next meeting.
QUESTIONS FROM THE AUDIENCE:
Doris Johnson a resident of 133 Neck Road asked how many lots would be created. Hendriks stated a total of three – one with the existing house and two others.
Harold Thompson made a motion to continue the hearing until the October meeting. Robert McCarthy seconded the motion. The motion passed unanimously.
REGULAR MEETING
LOT LINE MODIFICATION – DEBRA A, LACY – 34 & 35 SHORE ACRES ROAD
This application has been formally withdrawn.
LOT LINE MODIFICATION – DENNIS & EILEEN CHUPRON – 218 & 222 WHIPPOORWILL ROAD
Groves stated the commission had received letters from both Ann Brown, Zoning and Wetlands Enforcement Officer and Ron Rose, Town Sanitarian stating the division is in compliance with the regulations.
Thompson stated the commission has also received correspondence from Attorney McKeever dated September 9, 2010 who reviewed the application and noted some outstanding items with regard to the plans. The commission reviewed the plan.
Harold Thompson made a motion to approve the lot line modification contingent upon the items being addressed to the satisfaction of Attorney McKeever. Robert McCarthy seconded the motion. The motion passed unanimously.
71 EXCHANGE CORPORATION – REQUEST FOR BOND RELEASE AND RECOMMENDATION OF ACCEPTANCE OF TOWN ROAD
The applicant requested that this item be tabled until the October meeting.
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MARSH SUBDIVISION – REQUEST FOR BOND REDUCTION.
Thompson stated the commission received a letter from Tom Metcalf dated August 31, 2010 in which he identifies the items that have been completed as well as the items that still are outstanding. Thompson stated his recommendation is to retain a bond amount of $9,700.00.
Harold Thompson made a motion to recommend that the bond be reduced to $9,700.00 in accordance with the recommendations provided by Tom Metcalf. Robert McCarthy seconded the motion. The motion passed unanimously.
READING AND APPROVAL OF THE REGULAR MEETING MINUTES DATED JULY 8, 2010 AND SPECIAL MEETING MINUTES DATED AUGUST 24, 2010.
Harold Thompson made a motion to waive the reading of the minutes and approve them as submitted. Robert McCarthy seconded the motion. The motion passed unanimously.
PLAN OF CONSERVATION AND DEVELOPMENT
Thompson reported that he spoke with Diana Atwood Johnson about forming a small committee to incorporate all the comments that have been submitted by the various agencies.
Jane Marsh was present and asked if the document was available in word format. Groves forwarded the document to Marsh for her review and comments. She also expressed her willingness to work in the small committee as well. Jane Marsh stressed to the commission members that this was their Plan of Development.
Marsh stated she always remembered the plan as being an integrated document where the Planning Commission itself is making a plan. She noted there is a section about what has happened in the past ten years, where we are in the present and noted that usually the most neglected section is what the town would like to do in the future. She stated what is proposed for the future she felt was an integrated statement by the Planning Commission of its vision for the town in the future. She stated then the POCD would delegate out to the various areas what commissions would perform what part of these functions.
Marsh gave various examples of what input the Planning Commission can provide in the plan. She stated what she would be expecting is the Planning Commission would make their radical statement about what this commission felt the vision of the town should be and then other people associated with land use would state whether they do or don’t support that statement.
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Steve Ross and Stephen Martino arrived and were present for the remainder of the meeting. Harold Thompson summarized the actions taken by the commission prior to their arrival.
Marsh discussed items she felt the Planning Commission should concentrate on for their vision for the future of the Town of Old Lyme. She made suggestions as to what she felt might be important to incorporate into the plan such as: should the commercial base be increased, what is the vision for the beach area, does the town want to change the road standards, is the vision still sewer avoidance and what would they like to see happen with Hartford Avenue.
Marsh also noted that the various commissions refer to the Plan of Development and some felt it was too general and not specific enough.
After much discussion Jane Marsh agreed to take the comments the commission had received to date and incorporate them into a draft document to propose some statements for the commission to consider prior to the next Special Meeting to be held on Thursday, September 12, 2010 at 6:00 p.m.
Respectfully submitted,
Kim Groves
Land Use Administrator
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