MINUTES
OLD LYME PLANNING COMMISSION
PUBLIC HEARING AND REGULAR MEETING
THURSDAY, JULY 10, 2014
PRESENT WERE: Harold Thompson, Steven Ross, Edgar Butcher and Alternate Todd Machnik was seated for Robert McCarthy and Chris Kerr.
Chairman Thompson called the meeting to order at 5:00 p.m.
PUBLIC HEARING
AMENDMENTS AND REVISIONS TO THE OLD LYME SUBDIVISION REGULATIONS
Thompson noted that the hearing was held open for an additional month to allow the Connecticut River Gateway Commission to comment on the proposed changes. The commission received a letter from J.H. Torrance Downes, dated May 23, 2014 stating the adoption of the proposed subdivision regulations changes will not adversely impact the Gateway Commission’s protective mission in the lower river valley. As a result they approved the regulations.
Thompson further stated the comments and changes that have been submitted and incorporated into the proposed regulations.
Harold Thompson made a motion to close the public hearing. Todd Machnik seconded the motion. The motion passed unanimously.
REGULAR MEETING
LORDS WOODS SUBDIVISION – STATUS OF COMPLETION/RESTORATION BOND – EXTENSION OF SUBDIVISION APPROVAL TO THE MAXIMUM OF 14 YEARS AS PROVIDED BY STATUTE.
Attorney Block state this subdivision was initially approved on July 14, 2005. He further stated the commission has granted a couple of previous extensions and the current extension will expire July 14, 2014. Block reported that there has been a change in the statute that allows a maximum of 14 years. Attorney Block was asked to define the length of the extension request and he indicated that two years would be sufficient and that he would revise his letter to the Commission clarifying his request.
Block stated he had met with Attorney Cassella and Kim Groves to review the file and current bonds in place. It was determined the town is holding two cash bonds one in the amount of $92,426 and the other is $18,130.
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Attorney Block stated that Tom Metcalf wrote a letter to the commission dated June 30, 2014 outlining what he believed to be the remaining outstanding issues. Block stated after reviewing his file he
believes a good number of the items have been addressed. He noted that due to the fact that this project has gone on for such a long time it has been difficult to remember exactly what items have or have not been completed. Block noted he does have a signed agreement between the Concascia’s (adjacent property owner) as to the improvements that have been satisfactory completed. Block also noted he has found the as-built plans which he will forward to Tom Metcalf and Attorney Cassella for their review. He further stated the legal documents were submitted for review but due to the fact of Attorney Mattern’s passing and Attorney Cassella taking over along with the passage of time these documents were not completed. Once again Attorney Block will forward all the
legal language onto Attorney Cassella.
Block also asked if they were now able to sell lots. Cassella stated he saw no reason the lots could not be placed on the market at this time. Cassella asked Attorney Block to forward any information that would provide answers to any of the questions outlined in Tom Metcalf’s letter dated June 30, 2014. Cassella further noted that all field monumentation needs to be certified.
Chris Kerr arrived and recused himself from this agenda item as he was not present for the entire discussion.
Steven Ross made a motion to grant a 2 year extension of this approval. Todd Machnik seconded the motion. The motion passed unanimously.
DISCUSSION AND POSSIBLE DECISION ON THE OLD LYME SUBDIVISION REGULATIONS
Harold Thompson stated Tom Metcalf had submitted some recent comments most of them format related but some with regard to text changes. Attorney Cassella reviewed with the commission the substantive paragraphs that involved text changes to ensure the wording was satisfactory to the commission.
Todd Machnick made a motion to approve the proposed amendments to the Old Lyme Subdivision Regulations with an effective date of August 1, 2014. Edgar Butcher seconded the motion. The motion passed unanimously.
WPCA UPDATE
Thompson stated that Rob McCarthy was unable to attend tonight but he felt it was important to provide the commission members with updated information regarding the WPCA as it relates to the installation of additional sewers along the beach areas. Thompson stated that two beach areas, Old Lyme Shores and Old Colony Beach, currently have sewer systems in design.
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Thompson reported that during the May 2014 WPCA meeting, it was reported that the DEEP denied the alternate approach to a sewer system. The DEEP requested additional studies and this would have forced an extension of the WPCA effort resulting in additional cost to the Town of Old Lyme and would have further minimize the possibility that an alternate method would be accepted by the beach communities. Therefore, the recommendation was made by the WPCA to go ahead with the proposed installation of a sewer line on Route 156 that would serve those beach areas.
Selectwomen Nosal added that additionally the DEEP was not going to slow up the chartered beach associations which allowed them to go ahead with their plans which would not allow the town to have an alternative system. Therefore the town realized that they could not afford this based on the fact that the DEEP was not going to require the other beaches to stop. Ross stated that Selectwomen Reemsnynder was not happy with this approach. He stated that basically the DEEP was disingenuous with the Town of Old Lyme. He further stated the town wasted $186,000 on a study when the DEEP had already made their decision.
Todd Machnik stated he felt the Town should stay out of the entire situation and further stated that the town is currently in a position that many people had predicted would occur long before this most recent study. Steve Ross concurs with Todd Machnik’s comments and is concerned that the Town is getting into something where it will have no influence since DEEP will do as they wish.
Selectwoman Nosal stated that Selectwomen Reemsnyder has approached the Governor under the Clean Water Act for additional funding based on the direction this has taken. To date, there is no indication that additional funding will be available. She also clarified that all the fees that the town spends on this project will be rolled back into the user fees. Kerr asked why this was different than Point O Woods which the town did not have to incur any cost. Nosal stated they only have a 10 year agreement.
The commission agreed that the town should stay out of it. Machnik asked if our town regulations were in place to handle the increase in homes. Cassella stated a large portion of this would be handled through the zoning regulations, however the town should review its Plan of Conservation and Development. Thompson stated that the reason for this discussion is to review how the installation of a sewer system will impact the Plan of Conservation and Development and to revise regulations, if needed, to minimize adverse impact on the Town of Old Lyme.
READING AND APPROVAL OF THE JUNE MEETING MINUTES
Steven Ross made a motion to waive the reading and approve the minutes as submitted. Chris Kerr seconded the motion. The motion passed unanimously.
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ADJOURNMENT
Chris Kerr made a motion to adjourn. Todd Machnick seconded the motion. The motion passed unanimously.
Respectfully submitted,
Kim Groves
Land Use Administrator
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