OLD LYME PLANNING COMMISSION
REGULAR MEETING
June 9, 2005
Present were: Chairman Harold Thompson, Robert McCarthy, Connie Kastelowitz, Steven Ross, Chris Kerr and Alternates Alan Bayreuther, and Robert Pierson. Also present were: Kevin Kenny, Frank Martone, Tony Hendriks, Steven Ames and Kim Groves.
Chairman Thompson called the meeting to order at 7:35 p.m.
SUBDIVISION – LORDS WOODS – 10 LOTS – LORDS MEADOW DRIVE – APPLICANT: BASSAM AWWA
Harold Thompson made a motion to consent to a 35 day extension on the pending application. Connie Kastelowitz seconded the motion. The motion passed unanimously.
SUBDIVISION – THE WOODS AT WHIPPOORWILL – APPLICANT: STEVEN P. AMES
Steve Ross made a motion to approve the application conditional upon new plans being submitted to comply with the legal documents. Both the plans and documents will need to be reviewed and approved by Attorney Mattern. Robert McCarthy seconded the motion. The motion passed unanimously.
PRELIMINIARY DISCUSSION – ENOK PEDERSON PROPERTY
Mr. Robert Doane, agent for the applicant, was not in attendance to present the preliminary plans.
WOODCREST & SOUTH LYME ESTATES – BOND AMOUNT
Chairman Thompson reported that Kevin Kenny of Kenwood, LLC has requested that the Town consider his June 6, 2005 request to post a restoration bond and not offer any lots for sale in lieu of posting a completion bond. Mr. Thompson noted this bonding option is permissible under Section 3.11 B of the Subdivison Regulations. Furthermore, Kenwood, LLC has also requested that the bonding be in the form of a letter of credit. Attorney Mattern noted in his memo to the commission that this has not been the policy of the commission. Mr. Thompson noted the amount for Wood Crest Estates would be $166, 976 plus the sedimentation and erosion control bond of $15, 248 for a combined total of $182,224.00. The bond for South Lyme Estates would be $16,866.00. Mr.
Thompson clarified by stating the developer will be posting separate bonds for each subdivision.
Harold Thompson made a motion to accept the bonding as proposed in the documents provided by Mr. Metcalf for both the South Lyme Estates and Wood Crest Estates Subdivision. Connie Kastelowitz seconded the motion. The motion passed unanimously.
Page 2 – June 9, 2005
Steve Ross made a motion to require a passbook account as is consistent with the bonding requirements and policies of this commission. Chris Kerr seconded the motion. The motion passed unanimously.
Harold Thompson reviewed with the commission the comments submitted by Attorney Mattern on the legal documents in his letter of June 9, 2005. Harold Thompson made a motion that Items 1, 2, 3, 5 and 6 should be addressed prior to filing the mylars. Robert McCarthy seconded the motion. The motion passed unanimously.
ABANDONMENT OF A PORTION OF BEN FRANKLIN ROAD
Chairman Thompson stated the information received tonight appears to be quite contrary to what was discussed at the last meeting. He noted that at the last meeting is was brought up that this was such a historical piece and report was submitted by Dr. Pfeiffer to to that effect. Mr. Pierson noted that the letter from Mr. Griswold did not indicate that all the abutting property owners were in favor of this action. Mr. Thompson stated the information received by the commission last month indicated not all the property owners were in favor of this and the road should not be abandoned due to historical significance. Steve Ross made a motion to table any action and refer these questions back to the Board of Selectmen. Chris Kerr seconded the motion. The motion passed unanimously
ARIA, LLC – OPEN SPACE ACQUISITION
Steve Ross noted the Open Space Committee voted back in December to discontinue their negotiations on this parcel. He further added after reviewing the minutes to date there is no indication that the Open Space Committee has voted to open negotiations since that time. Frank Martone, owner of the ARIA property, stated he felt the problem that arose is that the actual purchase price he was seeking was rejected, however since then there have been ongoing conversations between himself, Mr. James and Mr. Griswold and they have come up with an agreeable number. Mr. Ross stated this agreement was without the approval or presentation to the Open Space Committee. Mr. Pierson stated the Planning Commission is under a legal time frame in which it must act on any acquisition and if it fails
to do so it would become an automatic approval. Mr. Martone asked if the time frame was 35 days. Mr. Thompson stated is was confusing as to when this period began because Mr. James came before the commission with a letter that really was not from the Open Space Committee, so the commission concern is that if we do not take action tonight then by default it might be considered an approval by this commission.
Chris Kerr asked is Mr. James was acting on his own and at what point was the commission to consider this request a formal application. Mr. Ross stated he felt the commission should play it safe and take a vote on the issue and in that motion include whether or not the documentation we received constitutes an application.
Mr. Thompson stated he had discussed this issue with other members of the Open Space Committee and two of the concerns raised were that the National Guard had expressed concern about people using the area adjacent to their facilities and the second feeling was that the property was isolated and they consider other properties having more potential. Mr. Thompson stated in theory this commission is not concerned about the money because the Open Space Committee has the Land Acquisition Fund and that is their function. Mr. Thompson noted that the Open Space Committee has not discussed this issue since December when they voted to break off negotiations with the developer. Mr. Pierson stated he had researched the internet and the town clerk’s office and could not find any minutes for the Open
Space Committee.
Page 3 – June 9, 2005
Steve Ross made a motion that the Planning Commission does not approve of the acquisition of this parcel, however we are taking this action in case that there might be an interpretation of the documents submitted to us that would constitute an application. Further our reasons for not approving this are that we feel it does not sufficiently meet the Old Lyme Open Space plan, or criteria for selection of open space for acquisition and that any development on this property would be minimal in terms of impact considering the size of the property so that in essence the objectives can be accomplished without a purchase. Connie Kastelowitz seconded the motion. The motion passed unanimously.
RISLEY SUBDIVISION
Mr. Thompson stated that Penelope Risley, owner of the Risley Subdivision on Whippletree Road has requested the release of the bond for public improvements associated with her subdivision. Mr. Thompson stated the bond was for the paving of the road. However, as part of this process the regulations require that all driveways have aprons installed which has not been done. Therefore, Mr. Metcalf has recommended the aprons be installed. Mr. Thompson also stated one of the requirements per our regulations is the submission of an as-built plan. He further indicated Mr. Metcalf has said since there have been no roadway changes an as-built would have very little merit. In conclusion the recommendation to the commission is to waive the survey and strongly request that the aprons be
paved so that the town would retain $2,750.00 for the installation of aprons plus 10 percent.
Steve Ross made a motion to to reduce the bond amount to $2,750.00 and waive the as-built requirement.
Connie Kastelowitz seconded the motion. The motion passed unanimously.
Chairman Thompson recused himself for the next item. Alan Bayruether was seated in his place.
ACCEPTANCE OF BRIAR HILL DRIVE AS A TOWN ROAD
Mr. Pierson stated this was a situation where this was just an oversight in the process, however Briar Hill Drive was always intended to be a town road. (See attached memo)
Chris Kerr made a motion to recommend to the Board of Selectmen that they accept Briar Hill Drive as a town road. Steve Ross seconded the motion. The motion passed unanimously.
Chairman Thompson returned to be seated for the remainder of the meeting.
LINE MODIFICATION – DARIAN SHEFFIELD & GREGORY SMITH – 3-1 WESTWOOD & 50 FOUR MILE RIVER ROAD
The applicant submitted a letter formally withdrawing the application.
READING AND APPROVAL OF THE MAY MINUTES
Steve Ross made a motion waive the reading and approve the minutes with a spelling correction in the last paragraph to read “space”. Chris Kerr seconded the motion. The motion passed unanimously.
Page 4 – June 9, 2005
SUBDIVISION – BIRUTE & THOMAS SESSA – 46 TOWN WOODS ROAD
Mr. Thompson discussed the waiver of open space request submitted by David Coonrod as part of the subdivision application. Mr. Thompson stated if the developer is serious about not wanting open space in their development he would like to exercise the fee in lieu of option. Harold Thompson made a motion to receive the application and set if for public hearing in July. Robert McCarthy seconded the motion. The motion passed unanimously.
Respectfully submitted,
Kim Groves
Land Use Administrator
| 
