OLD LYME PLANNING COMMISSION
PUBLIC HEARING & REGULAR
APRIL 14, 2011
PRESENT WERE: Harold Thompson, Robert McCarthy, Chris Kerr, Steven Ross, and Stephen Martino.
PUBLIC HEARING
SUBDIVISION – RICHARD M. & DONNA D. BATTALINO – 160 MILE CREEK.
Thompson noted for the record that no members of the public were present on behalf of the application. He also noted the applicant was not present.
Ross noted at the last meeting the waiver of open space request was discussed. He noted he was in favor of waiving the open space. Chris Kerr concurred.
Thompson noted that the commission had not yet received comments from Tom Metcalf. He also noted that the applicant had submitted a letter granting the commission a 35 day extension to hold the public hearing open.
Thompson reviewed the correspondence from Ann Brown. He noted that she indicated that the lots as proposed conform to the Zoning Regulations. Thompson also noted that she stated the MABL areas need to be shown, as well as the probe data on the plan. She further requested that the areas of wetlands and uplands be provided on Parcel B and the area of the access strip to Parcel A be provided and the rear lot requirements be provided on the “Detail Sheet”.
Thompson stated that Brown also requested that the subdivision approval include the provision as required by the IWWC that when Parcel B is developed, the current driveway must be removed and the two lots must share the new driveway. Thompson also noted that Brown stated that lot numbers and addresses for the proposed lots must be assigned by the tax assessor prior to the endorsement of the mylar.
Thompson also noted that the commission received a letter from Attorney Cassella dated April 14, 2011 which outlined several issues to be addressed by the applicant.
Harold Thompson made a motion to close the public hearing. Steve Ross seconded the motion. The motion passed unanimously.
Page 2 – Minutes
OLPC – 04-14-2011
REGULAR MEETING
LOT LINE MODIFICATION – 5 BEAULIEU DRIVE – WESLEY PORIOTOS
Matt White, Angus McDonald & Gary Sharpe Associates stated he had been before this commission in 2009 to modify the property lines. He stated the current application is to further adjust the common property line between the Poriotis properties, but also to convey 4,145 sf. to be merged with land of Farmin to the east. He stated he also had to convey an 850 s.f. piece to Lot 2 to comply with the regulations. He noted that Lot 3 remains undeveloped.
Thompson asked about the shed shown on the plan. White stated the shed has always been non-conforming because it was on Lot 3 prior to the modification of the property lines. He stated when the lines were modified in 2009 to construct the pool as part of the approval for the lot line modification the property owner was required to relocate or remove the shed. White stated that he has still not constructed the pool and therefore has not had the equipment on the site to move the shed.
Chris Kerr stated he did not have an issue with the shed remaining in its current location until the pool was constructed. Ross concurred. Ross stated he felt the shed should continue to be a condition but not an enforcement issue.
Steve Ross made a motion to approve the Lot Line Modification of Wesley Poriotis, 5 Beaulieu Drive with the condition that the shed be removed at some point and all issues outlined in Attorney Cassella’s letter of April 14, 2011 are satisfied. Rob McCarthy seconded the motion. The motion passed unanimously.
Don Willis arrived at 7:15 p.m.
REFERRAL OF TOWN’S PETITION TO AMEND THE ZONING REGULATIONS: DEFINITIONS SECTION 3.72 FLOOR AREA, PLUS OTHER MISCELLANEOUS “HOUSEKEEPING” CHANGES AS NOTED.
Thompson stated he reviewed the document and could not find some of the sections that were being amended. During discussions and review of the proposed amendments it was determined that when the referral was mailed out several pages were omitted.
Kim Groves provided the Chairman of copy of the complete document which contained the sections which were omitted in the mailing. Thompson and McCarthy reviewed the proposed changes.
Ross questioned the section regarding aquifer protection which transfers the responsibility from Planning to Zoning. Thompson stated he thought at some point
Page 3 – Minutes
OLPC – 04-14-2011
aquifer protection was going to be under a separate commission. Ross stated it was not going to be a commission, he noted he received a letter today appointing him to the
committee). Ross further stated his proposal was to develop an ordinance for protection of aquifer. Ross stated the zoning regulation relate more to single sites as opposed to the issue of exporting water and protecting it. Thompson asked how he knew it related to single states. Ross stated the committee is different than the regulation. Ross stated the regulation is to protect the aquifer as it pertains to a particular building, lot or subdivision and the committee is more global in nature. McCarthy stated he felt after reviewing this change he felt that the authority lied with the Zoning commission. He said he felt the Planning Commission removal was more of a housekeeping issue and the Zoning Commission should be listed.
Ross stated he didn’t feel he was able to review the referral appropriately because of the omitted pages. McCarthy asked if he would like to review the changes now. Ross stated he would just abstain. Martino stated he did not have a chance to review the information. Groves clarified that the document was mailed out as well as emailed but was partially incomplete.
McCarthy stated after reviewing the portions that were missing he did not see any problems and felt the changes were insignificant. Ross stated in reading the two pages of changes what they are describing to be changed he has no issue with but because he didn’t have all the pages he was unable (to compare them to determine exactly what they are therefore he was not prepared. He said if he had the material he would not have any questions but he cannot in all honesty vote on this issue without being comfortable that he reviewed the information. Ross stated if there are three members that are comfortable with the information he would not object he would just abstain.
Groves distributed the completed materials to the members who had not reviewed the original submittal.
Harold Thompson made a motion to approve the proposed amendments. Robert McCarthy seconded the motion. Ross abstained. The motion passed.
FMTM, LLC AND BROAD BROOK ESTATES – BOND RELEASE
Thompson reported the commission received a letter from Attorney Cassella dated April 14, 2011. Thompson stated that in Attorney Cassella’s letter he noted that he had received a request from Frank Martone, FMTM, LLC and Broad Brook Estates requesting the release of his restoration bond and erosion and sedimentation bond. Cassella also stated that in an effort to expedite this process it is necessary for the Planning Commission and the Inland Wetlands Commission to work in tandem as much
Page 4 – Minutes
OLPC – 04-14-2011
as possible. Therefore, he recommended that the Planning Commission return the bond with the conditions he outlined in his letter.
McCarthy asked if the site needed to be restored. Thompson stated that in Tom Metcalf’s letter of March 28, 2011, Tom discussed the purpose of the restoration bond which is for “Restoration of the development site to a safe and attractive condition in lieu of completion of the work”. He further stated the provision for restoration to an “attractive condition” is somewhat discretional.
Ross asked if the property was still under the same ownership. Mr. Martone, in attendance, stated he still owned the property. Ross asked if anything been done to the property since the approval was granted to the present. Martone indicated that the land had been partially cleared and part of the gravel road has been installed, including catch basins.
Thompson read the conditions of Cassella’s letter which included:
1. Signed and recorded notice that the Broad Brook Estates subdivision has been
voided.
2. Written confirmation that all of the term of Thomas Metcalf’s letter of March 28,
2011 has been satisfied.
3. Signed and recorded notice that the Wetlands Permit (which is currently subject to
a Cease and Desist Order) has been voided.
4. The payment of any and all fees associated with the subdivision and wetlands
approval be paid to the Town out of the bond money.
Thompson noted that he further stated that if these actions are taken by the Planning Commission it will then be the Wetlands Commission’s responsibility to similarly also vote to release these bonds.
Mr. Martone stated that Ann Brown had inspected the site along with Mr. Metcalf.
Ross made a motion to approve the request to release the bonds subject to the conditions outlined in Attorney Cassella’s letter of April 14, 2011. Chris Kerr seconded the motion. The motion passed unanimously.
Page 5 – Minutes
OLPC – 04-14-2011
READING AND APPROVAL OF THE REGULAR MEETING MINUTES DATED MARCH 10, 2011.
Steve Ross made a motion to waive the reading and approve the minutes as submitted. McCarthy seconded the motion. The motion passed unanimously.
Respectfully submitted,
Kim Groves
Land Use Administrator
| 
