OLD LYME PLANNING COMMISSION
SPECIAL MEETING & REGULAR MEETING
MAY 12, 2005
Present were: Chairman Harold Thompson, Robert McCarthy, Connie Kastelowitz, and Alternates Nancy Strohla, Alan Bayreuther, and Robert Pierson. Also present were: Selectmen Sibley, Selectmen Reemsynder and Zoning Officer Ann Brown and Kim Groves.
Chairman Thompson called the Special Meeting to order at 7:00 p.m. and seated Nancy Strohla and Alan Bayreuther for Chris Kerr and Steven Ross.
SPECIAL MEETING
PROPOSED ZONING REGULATION AMENDMENT – SOUND VIEW VILLAGE DISTRICT
Selectmen Sibley presented the proposed amendment. He began by stating this was a first step towards the revitalization of Hartford Avenue and gave a brief overview of the proposal.
1. THIS IS A NEW ZONE DISTRICT, Sound View Village District, (SVVD) is the same area as the current C-10 district at the southern end of Hartford Avenue, .also including the alley way between Hartford and Portland Avenues.
The Sound View Village District (SVVD) is intended to retain and enhance the distinctive character and scale of this sea-side community within the capacity of the land to support such development (PUBLIC HEALTH CODE ISSUES), and to make it easier to redevelop the properties in the area, because the regulations attempt to accommodate better the existing development patterns in the area (LOT SIZE, SHAPE, BUILDING LOCATION, AND STYLE).
2. VILLAGE DISTRICT: Changes to buildings, uses, or construction of new buildings will require Site Plan Approval and/or a Special Exception from the Zoning Commission. In addition, the plan must be submitted to the ARCHITECTURAL REVIEWER (ZC will designate an architect, planner or committee); the reviewer submits a report to the commission on the design, style and layout of the buildings.
3. DIMENSIONAL STANDARDS (SCHEDULE C-2) are proposed to be modified to make more lots conforming, to reduce setbacks to make more buildings conforming, and to allow for more flexible development/redevelopment. (Changes on non-conforming lots and to non-conforming buildings usually require a variance from ZBA; the intention of the changes is to allow many modifications to be made without ZBA approval.)
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Greater Floor Area Ratio (40% proposed), and greater lot coverage by buildings (30%), and greater total lot coverage (75%) is proposed (coverage by buildings and driveways and parking lots, etc.); the height allowed
is reduced to 27’ for new buildings; existing buildings are limited to 27’ or their existing height, whichever is higher.
PARKING standards are proposed to be modified to require:
1. parking for residential uses must be provided on the lot where the use is located (on-site);
2. parking for owners and employees of non-residential uses must be provided OFF-STREET, either ON-SITE or OFF-SITE;
3. parking for patrons of non-residential uses must be demonstrated to the satisfaction of the Zoning Commission on-site, off-site, or on-street, or a combination of locations.
4. USES proposed to be allowed are similar to those allowed in the C-10 currently, except that MULTI-FAMILY HOUSING is specifically permitted (section 37.5), AFFORDABLE HOUSING is encouraged, B&B’s are allowed; NON-RESIDENTIAL USES are proposed to be allowed to operate on a YEAR ROUND basis if the applicant provides evidence that all Public Health and Building Codes are met, as such codes would apply to a new use, and without the application of any waivers or exemptions.
Mr. Sibley stated last week he had presented the proposal to the Federation of Beaches. Mr. Ross was in attendance and stated he felt these proposed regulations were not really doing very much. Mr. Sibley stated the town has a very conservative zoning commission and they will have the ultimate decision in the approval process. He further added these are small important steps to start the redevelopment of Sound View. He noted it was the Selectman’s hope to entice new private money into the area. Nancy Strohla asked what the residents of the Sound View area would like to see evolve. Mr. Pierson stated without these regulation amendments any improvements in the area needed to seek approval from the Zoning Board of Appeals which was a difficult process with little success.
Mr. Bayreuther stated the town should send a letter to the people who worked so hard to develop these regulations and thank them for their time, energy and effort.
Alan Bayreuther made a motion to support the Sound View Village District regulations and extend a thank you to all the people involved in the hard work that went into producing this document. Nancy Strohla seconded the motion. The motion passed unanimously.
REGULAR MEETING
Chairman Thompson made a motion to modify the agenda and move the discussion of the Abandonment of Ben Franklin Road. Alan Bayreuther seconded the motion. The motion passed unanimously.
ABANDONMENT OF A PORTION OF BEN FRANKLIN ROAD
Chairman Thompson noted the commission has received two memos regarding this item. Attorney Mattern stated in his letter that upon the abandonment the title will revert to the adjacent landowners that abut the
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street with 50% of the width of the street going to each of the abutters. Mr. Pierson stated he thought the abandonment would create money for the land fund and avoid the town ever having to build the road which would be a terrible expense. Mr. Bayreuther asked if this process was land locking the property by destroying their access.
Selectmen Sibley stated he had contacted Ned Pfeiffer, Town Historian to check the site for historical significance. Ned informed him that this road was laid out by Ben Franklin and the original monuments are still on the site therefore it is a very historical piece of property. He further added the Town Historian will be submitting a report in writing for the Selectmen to review at their Monday meeting. He also noted Mr. Pfeiffer is very against the town doing anything with this area other than making it permanent open space. Harold Thompson made a motion to table any action on the abandonment of Ben Franklin Road until they received the report. Connie Kastelowitz seconded the motion. The motion passed unanimously.
Mr. Ross stated there was no reason the town could not abandon it as a road and set is aside as open space. Mr. Thompson stated if it is still being used as access to the properties it can not really abandon it as a road. Mr. Ross suggested an easement with a right to pass be created. Selectmen Reemsynder stated she thought the road was not currently being used and the property owners had access from Meetinghouse Lane.
Harold Thompson made a motion to seat Steven Ross and Chris Kerr for the remainder of the meeting.
Alan Bayreuther seconded the motion. The motion passed unanimously.
SUBDIVISION – LORD’S WOODS – 10 LOTS – LORDS MEADOW DRIVE – APPLICANT: BASSAM AWWA
Mr. Thompson stated that the commission had received correspondence from both Attorney Mattern and Selectmen Griswold. Attorney Mattern has stated there are still additional documents required, legal issues that need to be resolved with the Selectmen, and the issue of whether the town would accept the extension of the road encumbered by an easement for access in favor of Lot 6. Chris Kerr asked if as a commission the water tank was approved. Mr. Thompson noted at this point no approvals have been granted, however if the proposed plan is approved it will include the water tank. Chris Kerr stated for the record he was not in favor of the water tank. Mr. Ross stated it seemed to him that first of all the Fire Department’s opinion of what measures would be most effective
should have precedence, not the sole decision but their experience and expertise should weigh more heavily than the other recommendations. He added this is odd that the Fire Department was not in favor of the tank but preferred a fire pond, the Planning Commission preferred a fire pond, the abutting property owners were not in support of the tank, the Selectmen were not happy about the tank, an association has to be formed to deal with the tank and there is only one commission that supports a tank. He further stated after listening to the tape of the workshop held between the Inland Wetlands and Planning Commission he felt they could have been more objective. He noted there were some good arguments brought up, but put into perspective he feels the Fire Departments perspective has the most validity. He noted he did not feel the commission should further inconvenience the developer on this application by not approving it because we do not like the tank,
however it should serve as an example so in the future this type of situation is avoided. Furthermore we do not want to end up with a tank that nobody wants to use, maintain, pass by or depend on. He stated this is a strong argument for not going with a tank.
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Harold Thompson made a motion to table the Lords Meadow application. Robert McCarthy seconded the motion. The motion passed unanimously.
SUBDIVISION – THE WOODS AT WHIPPOORWILL - APPLICANT: STEVEN P. AMES
Chairman Thompson stated due to the issues raised in Attorney Mattern’s letter of May 12, 2005 he recommends that no decision be made on the application tonight. He noted there is some confusion as to the filing of the mylars without the modified documents for the prior subdivision. He also noted a letter from the applicant’s attorney Tom McGarry dated May 12, 2005 has also been submitted to the commission. Kim Groves read a letter into the record from Attorney Mattern dated July 10, 2003 to the Planning Commission. Chris Kerr asked if the commission would be willing to hold a special meeting do to the confusion of the filing of the mylar without legal documents. Harold Thompson made a motion to table this item with the option of
holding a special meeting once the documents are completed and approved by counsel. Chris Kerr seconded the motion. The motion passed unanimously.
RESUBDIVISION- JAMES MILDRUM – 108 WHIPPOORWILL ROAD.
Robert McCarthy made a motion to approve the resubdivision contingent upon approval of all legal documents. Chris Kerr seconded the motion. The motion passed unanimously.
ORIGINAL DIVISION – BIRUTE & THOMAS SESSA – 46 TOWN WOODS ROAD
Steve Ross made a motion to approve the Original Division at 46 Town Woods Road. Chris Kerr seconded the motion. The motion passed unanimously.
ENOK PEDERSON PROPERTY
The applicant requested this item be tabled until next month.
ORIGINAL DIVISION – SEIFERT PROPERTY – 17 FLAT ROCK HILL ROAD
Robert McCarthy made a motion to approve the original division contingent upon Health Department approval. Steve Ross seconded the motion. The motion passed unanimously.
Proposed Zoning Regulation Amendment – Schedule B-1
Steve Ross made a motion to indicate the commission was in favor of the proposed regulation. Connie Kastelowitz seconded the motion. The motion passed unanimously.
WOOD CREST ESTATES & SOUTH LYME ESTATES – EXTENSION OF FILING OF THE MYLARS
Robert McCarthy made a motion to approve a 90 day extension for the filing of mylars. Chris Kerr seconded the motion. The motion passed unanimously.
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WOOD CREST ESTATES & SOUTH LYME ESTATES – SET BOND AMOUNT
Harold Thompson made a motion to table this item due to the fact Mr. Metcalf has not had sufficient time to review the bond estimate. Connie Kastelowitz seconded the motion. The motion passed unanimously.
READING AND APPROVAL OF THE APRIL MINUTES
Connie Kastelowitz made a motion to dispense with the reading of the minutes and approve the minutes with correction of Mr. Ross’s name. Steve Ross seconded the motion. The motion passed unanimously.
ARIA, LLC
The commission discussed the open space proposal and concluded this parcel was not the best use of open space money. They did not feel much development could be done on the parcel and probably would remain in its present state. Bob Pierson agreed to attend the Open Sapce Committee meeting on Friday to discuss both the commission’s opinion on Aria as well as the procedures in purchasing open space.
Respectfully submitted,
Kim Groves
Land Use Administrator
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