OLD LYME PLANNING COMMISSION
REGULAR MEETING
MAY 13, 2004
PRESENT WERE: Chairman Harold Thompson, Robert McCarthy, Chris Kerr, Steve Ross and Alternate Robert Pierson seated for Connie Kastelowitz. Also present were: Kim Groves George James, and Jeff Flower.
The Chairman called the meeting to order at 7:43 p.m.
SALVATORE CARPENTERI – LOT LINE MODIFICATION – 57 FOUR MILE RIVER ROAD.
Harold Thompson made a motion to approve the modification pending counsels approval. Robert Pierson seconded the motion. The motion passed unanimously.
ACQUISTION OF 19.45 ACRE CLINTON PROPERTY FOR OPEN SPACE
George James, Chairman of the Open Space Committee explained the proposed proposal to the commission members. He noted the Conservation Commission voted unanimously to approve this acquisition. He presented a drawing to the commission explaining the proposed reconfiguration of lots, access and adjoining property owners. Mr. James explained Mr. Clinton has requested a stipulation that as part of the sale of the property to the town that lot lines be changed on his property. Mr. James stated he has requested our town attorney, Marilyn Clarke to conduct a title search on the property to assure that it is not encumbered. He further stated the Town of Old Lyme is going to pay for the application for the Clinton’s to the Planning Commission. Chris Kerr asked if he understood currently
Mr. Clinton has two lots and would then have three. Mr. Clinton stated he is simply changing the lot lines and making two parcels on the existing property. The commission discussed the proposal with the applicant trying to gain some clarification on the proposed divisions. Kim Groves asked if there would be 25 ft of frontage for each of the lots. Mr. Clinton explained the status of the existing driveway. The questioned was raised by the commission if these lots would be accessible under the current subdivision regulations. Kim Groves also noted that the setback requirements would be 25% greater on rear lots. The commission agreed this process needs to be reviewed by Attorney Mattern George James agreed to make copies of the map for Attorney Mattern and have Attorney Clarke contact him with all of the legal documentation. Harold Thompson made a motion that the commission was in favor of the acquisition of the 19.45 acre Clinton
property for open space conceptually with the understanding that if it goes forward an application would be submitted to the commission as deemed by counsel. Robert Pierson seconded the motion.
Steve Ross asked where the open space was located that is contiguous with the proposed open space. Mr. James stated it is not required but it is the hope of the Open Space Committee to acquire an additional parcel in the future. Mr. Ross states the motion is that the commission is in favor of this and he would offer an amendment to the motion that we are in favor of it contingent upon the proposed open space being linked with other open space and not being just an isolated piece. Mr. Pierson stated if that theory was followed from the get go the town would have no open space. Mr. James stated the appraisal came in slightly above the town’s appraisal. The town indicates $149,000 on the two parcels and second verbal appraisal is approximately $175,000. Mr. Clinton has
been offered almost double the appraised value.
Harold, Rob, Chris, Bob and Ross abstained.
REFERRAL UNDER CGS-8-24 TO THE PLANNING COMMISSION – SALE OF 47 LYME STREET (ROCHE PROPERTY)
The Chairman referenced a letter to the commission from Mr. Griswold dated May 25, 2004 on the sale of 47 Lyme Street. Mr. Thompson stated this is being submitted to the Planning Commission for our recommendation on whether to sell to the private sector as a single family residence or District 18. Steve Ross made a motion to refer this as a sale to District 18. Mr. Pierson stated he agreed with Mr. Griswold statements in his memo, he further stated he was totally in favor of the purchase of the Roche property but after two years of studying the property and hearing the Historic District’s opinions on the property he sees no practical use for District 18 therefore the best bet for the Town of Old Lyme would be to sell it to the private sector. He also noted if it goes to District 18 is
becomes part ownership with the Town of Lyme and also the town once again buys it – after two if there is nothing substantial that can be done with it then it should be sold to the private sector. Mr. Ross felt it was short sided – economically he agreed with Mr. Pierson, however whenever you have a piece of property that the town owns across the street from the town hall and contiguous to the school campus should be held on to because there will be a use for it. Mr. Pierson stated he was totally in favor of purchasing the property for that very reason to look at it and we have looked at it very thoroughly for two year and have not found a practical use. Mr. McCarthy asked if it was the Planning Commission’s decision to determine who it is sold to or to just recommend a sale or not. Mr. Thompson stated the selectmen are looking for the Planning Commission’s input. Kim Groves stated under Section 8-24 the commission
is reviewing it as to how it fits into our Plan of Conservation and Development. Mr. Ross stated he would rather see it rented then sold.
Audience: Jeff Flower – Mr. Flower stated the commission is required by state law to review this item. Mr. Flower stated he had read some issues in the Lyme Times with regard to using the Roche Property as parking and access for the school. He also read in the same article a two year study would begin as to whether to tear down the town hall. Therefore, he felt there were any number of things that could come up in the future that would support keeping the property.
Mr. McCarthy stated he also read an a second floor addition could be put on the middle school for the administrative offices which would cost approximately $750,000.00. He stated he felt they could certainly renovate that building for less than that amount and make it administrative offices. Mr. Pierson stated the school has already indicated that they would not do that. Chris Kerr stated he felt it does not appear to fit into the school plan and therefore it should be sold. He also expressed concern about loosing parking for the Town Hall along Lyme Street.
Harold Thompson made a motion following a discussion concerning the appropriateness of selling the Roche property to private sector or to District 18 that the commission expressed valid points for both proposals however the majority of the members of the commission felt it was more appropriate to to sell the single family residence to the private sector. Mr. Ross asked the Chairman if the commission could just report the results of our vote to the Selectmen rather than a motion which obscures the one abstention vote. Mr. Thompson agreed the commission would just report the vote of 4 in favor and 1 opposed.
READING AND APPROVAL OF THE MAY 13th MINUTES
Steve Ross made a motion to waive the reading of the minutes and approve the May 13th minutes as presented. Robert McCarthy seconded the motion. The motion passed unanimously.
AMEND AGENDA
Steve Ross made a motion to amend the agenda to hear Mr. Flower’s presentation. Chris Kerr seconded the motion. The motion passed unanimously.
DECLARATION OF PRIVATE ROAD AND MAINTENANCE AGREEMENT – HILLHOUSE PROPERTY HOMEOWNERS ASSOCIATION
Mr. Flower stated the piece of property is located at the end of Tantummaheag Road. He oriented the commission with a map. He noted his client’s property there is an island which is a one acre non-conforming lot because it is located in a 2 acre zone. He stated there is an ordinance which stated that no permits will be issued on any property that is located on an unaccepted town street or a legally designated private road. He noted all of the lots have easements to use various parts of the private road. Mr. Flower stated he is proposing to create a piece of land which gives a house frontage and creates an association. He further stated his client cannot make anyone join the association but will allow them the opportunity to join if they wish. Therefore he stated he is trying
to take an ancient private road which always has had a number of different residences and bring it up to the current legal standards. He stated because he is modifying a lot line he felt the Planning Commission would be interested. Mr. Flower suggested his clients attorney and Attorney Mattern discuss the issue and agree to the wording if the Planning Commission agrees to the concept. He added he is attempting to make something official that has been unofficial for many years. Mr. Flower agreed to copy the map so it can be forwarded to Attorney Mattern.
ORIGINAL DIVISION – GRC ASSOCIATES – HUNTLEY ROAD & HALLS ROAD
Mr. Flower reviewed the proposed division with the commission. The portion of residential land would become a rear lot and the C-30 would be the front lot. Mr. Flower noted the Health Department has approved the proposed division. Mr. Pierson noted an opinion letter is required by the commission noting the property has never had a prior split. The commission reviewed some of the ZEO’s comments with Mr. Flower and suggested he meet with her to resolve the outstanding issues. Robert Pierson made a motion to receive the application and discuss at the July meeting. Steve Ross seconded the motion. The motion passed unanimously.
Respectfully submitted,
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