OLD LYME PLANNING COMMISSION
REGULAR MEETING
JANUARY 12, 2012
Present were: Chairman Harold Thompson, Vice Chairman Robert McCarthy, Steve Ross, Chris Kerr, Stephen Martino, and Alternates Don Willis and Todd Machnik. Also present were: Selectwomen Reemsnyder, John Flower and Kim Groves.
Chairman Thompson called the meeting to order at 7:30 p.m and introduced Selectwomen Reemsnyder to the commission.
Harold Thompson made a motion to amend the agenda to include the following items:
1. Proposed revision to the Subdivision Regulations including changes with regard to
bonding.
2. Planning fees required by the DEP.
3. Report from Chris Kerr on the newly formed Snow Plow Committee.
4. Harbor Management Project
Chris Kerr seconded the motion. The motion passed unanimously.
PROPOSED AMENDMENT TO BUIDLING ON UNACCEPTED ROADS. TOWN ORDINANCE SECTION 25-5
Selectwomen Reemsynder stated that this issue came up in July 2009. She stated the portion of the ordinance that is a concerns is “the establishment of an association of owners of lots abutting such unaccepted roads which association shall be incorporated under the laws of the State of Connecticut and shall own such roads.”
She further noted it goes on to say that they can levy assessments and covenants to maintain the road. She stated that most of the new subdivisions do have homeowners associations and those associations were formed when the development is originally proposed. She stated before this ordinance came into being there were some roads in town that existed and there are vacant lots which can meet all the criteria for approval except for forming a homeowners association.
She noted one example is on Grandview Avenue where the road is steep with a sharp turn. She stated there is a conforming building lot but they cannot meet the code because of the inability to form a homeowners association. Just for the record the issues on Grandview Avenue existed at least prior to 1989. She stated the existing homes in that area do not have to comply with this ordinance because they were grandfathered in.
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She stated the proposed amendment would address this situation. She stated this issue went to town meeting in July 2009 and at that time there were a lot of questions. Reemsnyder stated the proposed amendment would read as follows “ The Board of Selectmen, after consultation with the Town’s Engineer and Zoning Enforcement Officer, shall be authorized to waive any of the conditions set forth in Section 25-5 if the Board of Selectmen shall be satisfied that safe vehicular access can be provided without all of said conditions.”
She said the point is to allow the Board to waive these requirements in these special circumstances. She stated they wanted to make the Planning Commission aware of this proposed change and provide the commission an opportunity to give any feedback prior to going back to a Town Meeting.
Thompson stated the revision date indicates it was done in 2002 and therefore asked if this was the only situation that has arisen since that time. Reemsnyder noted that there were other properties in this same situation in town.
Chris Kerr noted that there were other houses built up in this area and therefore concurred with the proposed amendment. Tom Metcalf stated there was a commitment by the previous owner to make road improvements. He stated then Robert L. Day Company acquired the property and didn’t want to incur the cost of doing those road improvements. Metcalf also stated he felt the lot lines were modified to create a conforming lot. Metcalf asked if the extent of the ordinance was to exempt the developer from making those improvements. Reemsnyder stated she was told that $10,000 to $15,000 worth of road improvements had already been made to the area and offered to get copies of exactly what work had been completed. She further stated this was not an effort to get the developer out of
making road improvements but to provide some relief to forming a homeowners association. Thompson suggested that the wording be added that it be done on a case by case basis. Reemsnyder stated she felt the proposed wording implied that. Ross stated he concurred and felt the consultation would provide for a case by case discussion.
Attorney Edward Cassella asked who owned the road. Reemsnyder stated that was unclear at this time. Cassella asked if the town currently plowed or maintained the road. Reemsnyder stated not at this point. Cassella stated then it is basically a private unaccepted road. He stated the only issue is to make sure it is insured from a liability standpoint. Reemsnyder noted that allowing someone to build on the lot does not change the status of the road.
Machnik suggested that reasons for the waiver be added because of existing conditions on the access road. Ross suggested the wording be modified “that such waiver does not change the safety of the vehicular access”
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Don Willis stated he remembered some issues with water runoff down the hill onto neighboring properties. Metcalf stated he feels this issue arises every time there is a change in administration and noted there are some definite underlying issues and wanted to be sure the town was not granting a pass to something that has been ongoing for years. Reemsnyder stated that is why a consultation with the town engineer and staff is required prior to waiving this ordinance because the Board of Selectmen does not have the expertise required to make this decision.
Cassella stated he felt the Fire Department should also be added to the consultation for safety purposes. He also noted that he would discuss the issue with Attorney Marilyn Clarke prior to the next meeting.
Metcalf expressed concern that the problem would be transferred to the next property owner. Reemsnyder stated the sale is not going through because of the existing issues. Metcalf stated the Bob Day properties are currently responsible for making the improvements which have not been complete so if the sale goes through are the new owners responsible. Cassella agreed to discuss these issues with Marylin Clarke.
Reemsnyder stated the proposed revision to the town ordinance is just to address the homeowners association and does not exempt them from the other issues being discussed.
Cassella stated the wording stated that the Board of Selectmen in authorizing the waiver can impose conditions on that developer to perform certain aspects to make the road safer. Reemsnyder stated she could inquire about that wording but thought it would be difficult for the Board of Selectmen to come up with the conditions. She felt the conditions were part of the permitting process. Cassella stated he did not feel an approved building lot would require a level of review that would impose conditions on a road off site.
The commission agreed to table this matter until Attorney Cassella and Attorney Clarke review the issue. Harold Thompson stated he felt the commission was in support of the proposed amendment but just needed to sort out the legal issues.
REPORT FROM CHRIS KERR ON NEWLY FORMED SNOW PLOW COMMITTEE
Chris Kerr stated the committee has met twice. He stated there are two issues in question. The private roads within the beach communities and the private roads in the inland areas of town. He stated most of the inland town roads have there own homeowners association and are privately paying for plowing. He stated the beach communities have had courtesy plowing which has created a problem between the privately owned roads in town.
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Kerr stated that last year the Board of Selectmen decided there would be no plowing done on town roads. Therefore, this committee has been formed to research this issue. He stated private roads have always been encouraged in subdivision developments because the requirements are less and they maintained their own roads.
Thompson asked about the composition of the commission. It was noted there are 8 members and six of the eight reside on private roads.
Reemsynder stated that courtesy plowing in the beach areas has been going on for about thirty years in any snow storm over two inches. She stated there have also been other private roads in town that on occasion have been plowed. She further stated with the amount of snowfall last year residents in the beach community complained that the plowing was not good enough. She further stated she did not think the residents in the beach community knew it was a courtesy but thought it was part of their town services.. Therefore, the beach community is now aware that this is a courtesy but they have not budgeted for snow plowing. She further stated if the town does not go through the proper process to decide what is best than the town could be opening itself up to legal issues.
Kerr stated the town crew also has a policy if there is an emergency the town crew will plow the area for an ambulance or fire truck or whatever emergency apparatus needs access.
Thompson asked about the town’s liability on private roads. Reemsynder stated these are all issues the committee will be reviewing. Willis expressed concern that the town would be responsible for any damage incurred from plowing on the private road.
Reemsnyder informed the commission that the charge of the committee was also to include looking at the legal implications of stopping the plowing that has been done as a courtesy in the past, the legal implications if you do all the private roads and any legal implications for any decision that may be made. The committee will present their results by February 28th.
DISTRIBUTION OF INFORMATION PRESENTED AT THE WPCA PRESENTATION ON THE COMMUNITY SEWAGE SYSTEM
John Flower was present to give the board an overview of the latest sewer information. Ron Rose, Ann Brown and Mr. Flower had met with the DEEP (Department of Energy and Environmental Protection) and DPH (Department of Public Health) on January 9, 2012 at the Capitol Building in Hartford. Mr. Flower stated they were informed sewers are a distinct possibility for the beach areas. They were also informed that the mechanism is in motion to have the sewers implemented. The decision by the DEP is to not have package treatment plants but to ship sewage to New London.
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Old Colony Beach and Old Lyme Shores had studies done privately which indicate pollution is occurring. However, the Town of Old Lyme has been conducting ongoing studies as well with a different result. The Old Lyme Department of Health is in total disagreement with the information stated in the report presented by the two beach communities.
The WPCA has a meeting on Thursday, January 19th, 2012 where this new information will be discussed and at that time the WPCA will have to make a commitment as to the direction they will take with regard to this issue.
Concern was also expressed at the meeting that the direction currently being pursued by the Chairman of the WPCA was not in the best interest of the Town of Old Lyme.
PROPOSED REVISIONS TO THE SUBDIVISION REGULATIONS INCLUDING CHANGES WITH REGARD TO BONDING
Thompson stated he had reviewed the comments provided by Mr. Metcalf and felt the commission should hold a workshop to discuss the issues raised. The commission agreed to set a workshop on Thursday, February 2nd, 2012 at 5:00 p.m. to discuss the proposed revisions.
PLANNING FEES – AUHTORIZATION TO INCREASE FEES TO INCLUDE STATE DEP FEE OF $60.00 FOR EACH APPLICATION
Kim Groves stated that all land use applications require a separate DEP fee. Therefore, the commission needs to increase its fee to include this fee. Ross asked what would happen if we did not pay the fee.
Chris Kerr made a motion to increase the application fee to include the DEP amount of $60.00 for all Planning Commission applications. Robert McCarthy seconded the motion. The motion passed 4 to 1. Steve Ross – opposed.
HARBOR MANAGEMENT PROJECT
Mr. Ross informed the commission about the Harbor Management Commissions current improvements and future improvements to the site of old boat bridge on the west bank of the Lieutenant River parallel. He stated the access road runs into the area by Andy’s Convenient Store. Ross stated that many years ago the road was abandoned and it was deeded over to the town along with the existing bulkhead.
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He noted some improvements have been made to the road including grading, top dressed, and the brush has been cut along sides. He stated the fire department asked that a barrier be placed so access would not be blocked to the fire pond. He further stated they plan to install concrete benches.
Mr. Ross stated in Phase II they plan to install an ADA compliant floating dock. He stated he has been dealing with DEP to obtain their permission. He stated Phase III which is basically in a conceptual phase they would like to install a foot bridge to connect the two bulk heads. He stated the funds would come from a fundraising effort and would not be funded by the town. He stated the bulk head on the east side is own 2/3 by Jim Graybill and 1/3 by DEP. He stated he has spoke to Mr. Graybill and he asked for further details but was agreeable to allowing a connection to his portion of the bulkhead.
Mr. Thompson asked what the permitting process would be for these improvements. Mr. Ross stated they would need a dock permit from the DEP as well as a Zoning Permit. He stated the bridge will also require a zoning permit and probably DEP and Army Corps of Engineers.
ELECTION OF OFFICERS
Chris Kerr made a motion to reinstate the existing slate of officers. Don Willis seconded the motion. The motion passed unanimously.
READING AND APPROVAL OF THE DECEMBER MINUTES
Steve Ross made a motion to waive the reading and approve the minutes as submitted. Chris Kerr seconded the motion. The motion passed unanimously.
Respectfully submitted,
Kim Groves
Land Use Administrator
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