OLD LYME PLANNING COMMISSION
REGULAR MEETING
MARCH 11, 2004
PRESENT WERE: Chairman Harold Thompson, Robert McCarthy, Steven Ross, Chris Kerr, Connie Kastelowitz, and Alternate Nancy Strohla. Also present were: Kim Groves, Todd Machnik and Matthew White.
The Chairman called the meeting to order at 7:45 p.m.
SUBDIVISION MODIFICATION – JOHN & JACQUELYN COSTIGAN – LOTS 4 & 5 EVERGREEN TRAIL.
Harold Thompson made a motion to table this matter until the April meeting. Steven Ross seconded the motion. The motion passed unanimously.
EAST SHORE POINTE SUBDIVISION
Harold Thompson made a motion to authorize the chairman to sign the restoration bond in lieu of the completion of work. Connie Kastelowitz seconded the motion. The motion passed unanimously.
SUBDIVISION MODIFICATION - TODD MACHNIK – Lot #4 Machnik Drive
Mr. Matthew White of Angus McDonald Associates presented the proposed modification. Mr. Matthew stated the subdivision existed since 1978 and it was approved with the right of way as part of Lot #4. He also noted when the road was built it was constructed to town standards that were in effect at the time of the subdivision approval. He also stated the Town Garage and Animal Control Facility is located on this road. The subdivision modification application includes a new cul-de-sac street line. Steven Ross made a motion to approve the subdivision modification conditional upon approval of all legal documents. Chris Kerr seconded the motion. The motion passed unanimously.
TOWN OF OLD LYME TRANSFER STATION IMPROVEMENTS – 109 FOUR MILE RIVER ROAD.
Mr. Thompson stated the proposal is to modify the transfer station to add three drop-off containers for bulky waste, improve traffic access, add a vehicle scale, and a DPW storage building. Mr. Thompson further added the commission is being asked to provide any comments
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March 11, 2004
or recommendations on the subject proposal in accordance with Section 8-24 of the CGS. Mr. Ross stated he felt the referral was consistent with plans for the conversion of the Town of Old
Lyme bulky waste landfill to a transfer station. These plans have been presented to the public over the past two years and it is consistent with the plans and the statutes that govern it as well as the DEP consent order requiring closure of the landfill. Steven Ross made a motion to indicate the commission is in favor of the proposed plans. Connie Kastelowitz seconded the motion. The motion passed unanimously.
BEACH FARMS – DISCUSSION OF IDENTIFICATION OF WALKING TRAILS
Mr. Thompson reported at the last meeting the commission discussed the identification of the walking trails including a memo submitted by commission member Steven Ross. Based on the discussion between the commission members they decided to solicit input from the Beach Farms Homeowners Association. Mr. Thompson noted each of the members have received a copy of the response from the President of the Association. Connie Kastelowitz stated the response is exactly what she expected. She stated these homeowners knew at the time of purchase the open space existed with walking trails. Therefore, at this point why do they feel they can state they don’t want a sign to delineate the trails. Mr. Thompson reported at the time of approval no signage was shown on the plan. Ms.
Kastelowitz further stated she could understand their point of view that they don’t want people strolling through their yards, however she supports the incorporation of signage and having it marked accordingly.
Mr. Ross stated as he pointed out in his letter it is ludicrous to have public access open space that is not identified and does not prevent trespassing for the property owners by having signage to indicate where the public is allowed to walk. Mr. Ross stated there is an easy solution to this problem. He stated the developer made a mistake, in his opinion, in the manner in which they presented the application to the commission. They applied as part of their development to have this as public access open space. That was the developers choice not the Planning Commission’s demand. Now that it is a reality, the property owners do not want the public walking through their back yards. He stated the easy out for the association would be for them to apply to this commission to
change this from public access open space to open space for the benefit of the property owners in the subdivision only. Normally he stated he would be one of the last people on earth to propose doing this, however it’s a private road not a public road. If it were a public road he would not support this approach. Since it is a private road the few people that might use it would all be pedestrians since there would not be parking on Route 156. Therfore, he did not see any problem with converting the public access to association use only. He further noted the public is not really aware that it exists. He stated leaving it in its current status creates unease and discomfort for the property owners. He stated they have a community that lends itself to walking around on a private road including this area as private open space. Therefore, he recommended a modification to a subdivision. He also pointed out that
every property owner
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March 11, 2004
was aware of this when they purchased their homes.
Chris Kerr stated the trails currently exist with the exception of the sign. Mr. Kerr also stated the town did not require the sign, therefore he did not feel the commission could go back now and require the developer to install a sign.
Mr. Ross asked then why have public open space the public can’t access and doesn’t now exists. Mr. Kerr stated it is the town’s problem that we did not require it at the approval. Mr. Ross suggested it be changed to accommodate the homeowners. Mr. Thompson stated he felt the advantage to have the homeowners take ownership now is that it becomes a more legalized document. Kim Groves noted the only benefit could be to relieve the town of any liability. She also noted to the commission that the modification application fee would be $100.00 and she was not sure that would cover the cost of amending the legal documents. Mr. Ross suggested the commission write a letter of amendment in lieu of any complicated documentation. He suggested the wording “the
subdivision as approved is modified as follows; the open space designated for public use is hereby changed to open space designated to the sole use of the property owners in the subdivision.”
Mr. McCarthy asked the commission if the open space had ever been turned over to any specific town agency. Kim Groves expressed concern that a paper trail is created in the land records if the documents are amended. Mr. Ross stated he did not believe the mylars filed in the town records indicated any particular type of open space. Mr. Thompson suggested perhaps the homeowner’s association would be willing to incur the expense to make this change. The commission agreed to research the options and discuss at their next meeting.
READING AND APPROVAL OF THE FEBRUARY MINUTES
Steve Ross made a motion to waive the reading of the minutes. Harold Thompson made a motion to approve the minutes, Chris Kerr seconded the motion. The motion passed. Steve Ross abstained as he was not able to attend the meeting.
Respectfully submitted,
Kim Groves
Land Use Administrator
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