MINUTES
OLD LYME PLANNING COMMISSION
REGULAR MEETING
SEPTEMBER 8, 2011
PRESENT WERE: Harold Thompson, Robert McCarthy, Chris Kerr, Steven Ross, Todd Machnik, Don Willis and Stephen Martino.
Chairman Thompson called the meeting to order at 7:02 a.m.
REGULAR MEETING
Harold Thompson made a motion to amend the order of the agenda to discuss Subdivision Amenities prior to the Referral of the Towns Petition to amend the zoning regulations. Steve Ross seconded the motion. The motion passed unanimously.
SUBDIVISION AMENITIES – MEMO FROM TIM GRISWOLD DATED JULY 16, 2011
Thompson stated that Selectmen Griswold expressed concern that the Town of Old Lyme has been forced to accept certain subdivision amenities such as guardrails, stone walls, street lights, and shrubbery and the like if the road is built to town standards to be accepted by the town.
Thompson stated one specific example provided by Mr. Griswold was Olivia Lane. Griswold stated that the East Point Shore Subdivision plan included three decorative street lights along the length of Olivia Lane. Therefore, when the road was accepted the town became responsible for the electricity as well as the light fixtures themselves. Griswold also discussed a decorative wall at the entrance to the Jericho Subdivison that was damaged and the town had to incur the cost to repair.
Thompson stated he felt the purpose of the memo was to make the commission aware that the town often becomes responsible for the maintenance, repairs and services required for these decorative features in, near or on the roadway once it is accepted.
Chris Kerr stated that we as a commission have to be aware that if the road is constructed to town standards and the intent is to turn the ownership over to the town that if there are decorative features we as a town are accepting the liability for these items. He further stated if they are private roads maintained by an association then he felt these issues or features should be left up to the association.
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Ross stated he felt these issues were minor expenses to the town and noted that he felt that this commission has been reasonably sensitive to these issues and the expense to the town over the last 15 years has been pretty much negligible. He stated amenities are something nice, something that makes it better, an improvement to the subdivision and the overall appearance of our town. Therefore, his feeling is to acknowledge that we understand the point being made by the Board of Selectmen and noted that this commission will be extremely sensitive to those issues in future applications but he did not think we need to seek the Board of Selectmen’s approval on these issues. Ross stated he felt our judgment was sufficient.
Chris Kerr stated he felt the memo from Mr. Griswold was a reminder to the commission to be aware of the issues associated with these decorative features in the approval process of the subdivision.
Steve Ross made a motion to respond to the Board of Selectmen that we understand the issue that they brought to our attention and the commission will be even more sensitive in the future than we have been in the past to consider the ramifications of any amenities on subdivision applications. Chris Kerr seconded the motion. The motion passed unanimously.
READING AND APPROVAL OF THE AUGUST SPECIAL MEETING MINUTES
Stephen Martino made a motion to approve the minutes as submitted. Chris Kerr seconded the motion. The motion passed unanimously.
REFERRAL OF TOWN’S PETITION TO AMEND THE ZONING REGULATIONS
Harold Thompson noted that the Zoning Commission will be holding a Public Hearing on Monday, September 12, 2011. Thompson stated a major portion of the amendment is the addition of Section 2.8 Abandonment of Seasonal Use Distinctions. Thompson noted that there is a lot of history behind this amendment. He noted at the Federal level one of the comments was the fact that zoning really should not be involved in the distinction between seasonal and year round residences.
Thompson distributed copies of the Plan of Conservation and Development and noted there are eight different areas in the plan that make reference to this issue. He stated on Page 1 of the Introduction in the second paragraph…… “A greater possibility exists that there will be an increase in applications for year-round conversion of the town’s shoreline cottages within the next decade, and this plan confirms the town’s commitment to require full compliance with health and local housing codes while adhering to its long-term policy of sewer avoidance.”
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Therefore, Thompson noted that the Plan of Development states that the Town of Old Lyme is responsible for the health and safety of the residents in town.
Thompson stated the Zoning Commission has been told that they have become too involved in the distinction between seasonal and year round properties. He stated it was his understanding this would be a two prong approach. He stated the changes to regulations are proposed to eliminate the distinction of seasonal use structures but at the same time it doesn’t describe how to convert that structure to a year round residence.
Steve Ross stated that whether or not zoning is involved past, present or future the house has to meet certain health and building standards. He further stated he did not feel there was a real role for zoning. He also noted that the Federal Court pointed out that there is no role.
Thompson also noted that the Zoning Commission did not have a unanimous vote to send this amendment to public hearing.
Ross stated the elements that are not in dispute based on his interpretation is that the house has to meet the health and building code but it does not mean it has to be updated to the current building code but has to be structurally safe. He also noted that the water systems are not available all year round at this time but he felt eventually they would be.
He also noted that the Saybrook Ordinance was very clear but whether Old Lyme adopts an ordinance and application to one of the Land Use Departments is procedural because the decision will rest on whether the building and health official can sign off on the application.
Chris Kerr asked if the Zoning Commission wanted to give up their right to regulate seasonal versus year round use. Ross stated they don’t have a choice. Kerr asked if this was a result of the lawsuit. Ross stated that was correct.
Machnik stated the health code would now be the criteria that would have to be met to convert from seasonal to year round and therefore some homes will not be eligible due to the necessary well area radius and adjacent septic systems.
Thompson stated the Plan of Development also references conversions within the next decade and the need for full compliance with both the building codes and health codes.
Ross stated he felt the number of conversion would be a trickle if an ordinance is adopted similar to Old Saybrook.
Steve Ross stated he has no objection to the proposed changes and the reason is that the determinations for conversions will now be made on a factual basis.
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Ross stated he felt that the health and building code provide sufficient protection for both the health and safety for the occupants and their neighbors.
McCarthy expressed concern that there is no text that discusses conversions from seasonal to year rounds where Old Saybrook does have a text. The commission expressed concern that people who are currently seasonal can just start using them year round? He stated there needs to be a transition in the system. Thompson stated he felt it was a two step approach. He felt the first was the amendment and the second phase would be to develop an identify a conversion process and this has not been done. Ross stated that the seasonal dwellings have been identified. McCarthy stated with this proposal all of that information would be erased. Machnik asked if this amendment is approved would the list go away. Ross stated he felt the list would remain. McCarthy stated one
of the major reasons people cannot achieve year round is because year round water is not available. Machnik stated in years to come the seasonal water companies may become year round but until then you cannot meet the health code. Thompson stated that some structures do have 1,000 gallon tanks. Machnik stated that may not meet the health code so those properties would be in violation. McCarthy stated then it becomes an enforcement issue.
Machnik stated that there are people on the list that paid into the lawsuit to achieve year round but still cannot meet the health and building code. Machnik also noted he had been hired as a private contractor by some areas in White Sands Beach to install piping for year round water. Therefore, he agreed with McCarthy that we there needs to be a system. The commission expressed concern about the list remaining and the enforcement of the illegal use.
Thompson stated this commission is making a recommendation either in support or not or even no recommendation. He further stated if this commission does not support this amendment then the Zoning Commission would need a super majority to pass the vote.
Ross stated the concern seems to be that if it is eliminated from Zoning that there be a process in place so perhaps that should be part of our response to the Zoning Commission. Ross stated maybe our response should be that we feel there should be a defined process for these conversions and the identification of homes that are currently classified as seasonal remains in tact.
McCarthy stated that Saybrook’s Ordinance as an appendix that lists the minimal standards that need to be present in the building. Therefore he felt there needs to be a conversion process in place.
Thompson stated as a commission we might consider supporting the amendment with the condition that the ordinance be in place to handle the conversion.
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Machnik stated there needs to be a process in place with a checklist and people assigned to make sure the codes are following otherwise you are endangering the public by having the sub standard systems in place.
Kerr stated the list needs to remain. Machnik concurred that there needs to be a starting point for the town.
Thompson asked Attorney Cassella if it would be discriminatory to maintain a list of seasonal properties. Cassella stated that people need to be given due process to get off the list.
Ross stated he felt the commission did not have a problem with zoning removing the language from their regulations providing they define a process for the application.
Discussion ensued….
Ross suggested that we don’t act favorably on the proposed referral because there is no process defined or ordinance drafted to handle the conversions once those changes go into effect but we are not against the proposed changes per se.
Thompson stated that there needs to be two things in place. We need to have an ordinance in place and there needs to be a list. Ross asked why the list was important. Kerr stated it defines a starting point. Cassella stated in Old Saybrook they published a seasonal list on the land records and over the years people were removed from the list as they met the necessary requirements.
Harold Thompson made a motion as currently proposed the commission does not support the proposed amendment to the zoning regulations but we would be in favor of the regulations if a list is generated of seasonal properties and an ordinance be put in place that defines the process to convert from seasonal to year round. Steve Ross seconded the motion. The motion passed unanimously.
Respectfully submitted,
Kim Groves
Land Use Administrator
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