OLD LYME PLANNING COMMISSION
REGULAR MEETING
FEBRUARY 9, 2006
Present were: Chairman Harold Thompson, Connie Kastelowitz, and Steve Ross. Alternates Robert Pierson and Nancy Strohla were seated for Chris Kerr and Robert McCarthy. Also present were: Attorney Michael Cronin, Tony Hendriks, James Bernardo, Kevin Kenny and Kim Groves.
Chairman Thompson called the meeting to order at 7:30 p.m.
ZONING REFERRAL – AMENDMENT PROPOSED TO CHANGE SECTION 32.5.10 OF THE OLD LYME ZONING REGULATIONS
Attorney Michael Cronin presented the proposal on behalf of the applicant. He indicated he had sent a letter to the Planning Commission dated January 12, 2006. Attorney Cronin stated his clients, Michael Cohen and Steven Wallet, have an agreement to purchase the former Christ the King Church property located on the Shore Road. He noted they also have a contract to purchase property located across the street. Attorney Cronin stated the proposal will be to convert the church into six condominiums, which would include four 2,000 square foot units, and two 1,500 square foot units.
Jeff Flower, Architect, presented the proposed building plans. He noted that no additional square footage would be added to the existing buildings. Mr. Flower submitted drawings for the commission to review. Mr. Flower also noted the septic system would be located on the site.
Attorney Cronin reviewed the proposed text changes to the regulations with the commission. He stated the Zoning Commission would hold a public hearing on February 15, 2006 for the proposed zone change.
Steve Ross made a motion to inform the Zoning Commission that the Planning Commission is in favor of the proposed amendment to change Section 32.5.10 with the amendments that added to the proposal. Nancy Strohla seconded the motion. The motion passed unanimously.
LOT LINE MODIFICATION – DOLLARD J. & PHYLLLIS COTE – 159 BOSTON POST ROAD
Mr. Hendriks was present to represent Dollard & Phyllis Cote in their application to revised a common boundary line between two parcels which they currently own. Mr. Hendriks stated one parcel contains the existing home and the other parcel has a commercial building on that site. He further stated the applicant has found a buyer for the commercial portion of the property, however he has no interest in owning the residential portion of the property. Therefore, the existing house parcel has been attached with a 10 ft strip of land to the rear portion of the property isolating the commercial space. Mr. Hendriks stated no additional lots will be created. He reported Ann Brown has written a letter indicating the lot line modification complies with the zoning regulations and
Mr. Rose has also issued an approval from the Health Department.
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February 9, 2006
Mr. Ross suggested that the plan should allow for future development with the least amount of revisions required down the road. Mr. Hendriks noted the rear parcel would not be able to be split off without a subdivision application to the Planning Commission.
Harold Thompson made a motion to approve the lot line revision for 159 Boston Post Road in accordance with the plan presented. Nancy Strohla seconded the motion. The motion passed unanimously.
FMTM, LLC – BROAD BROOK ESTATES
Mr. Hendriks stated he was aware this item was not on the agenda, however he wanted to make the commission aware that the applicant would be withdrawing this application. He noted this was a result of the action by the Inland Wetlands Commission. Mr. Thompson asked Mr. Hendriks to submit a letter to the Planning Commission office formally withdrawing the application.
WOOD CREST ESTATES – 392 SHORE ROAD – 11 LOT SUBDIVISION
WOOD CREST ESTATIONS – 392 SHORE ROAD – MODIFICATION TO SUBDIVISION
Mr. Kenny of Kenwood Associates was present to represent Kenwood, LLC and Flanders 161, LLC.
Mr. Kenny indicated correspondence has been submitted to the commission outlining the reason for this application to be back before the Planning Commission. Mr. Kenny stated the mylars for both subdivisions were endorsed at the December 8, 2005 Planning Commission meeting. He further stated unfortunately the legal documents were not approved until January 13, 2006 which is after the statutory deadline permitted to file the subdivision in the land records of the Old Lyme Town Clerk. Therefore, he requested the re-approval of these subdivisions. He noted the plans submitted for re-approval are those submitted and modified during the original approval process. He further stated there we no changes to the plan just corrections for scrivener errors. He explained some examples of these errors
to the commission.
Mr. Kenny discussed the letters dated February 9, 2006 to the Planning Commission from Attorney Mattern.
He stated in the South Lyme Estates letter Attorney Mattern indicates if the commission is satisfied that this application is identical to that which was previously approved, the commission may approve same. He stated with regard to Wood Crest Estates, Attorney Mattern indicates there is a possibility of a problem with the dates on the plans. Mr. Kenny assured the commission that the mylars delivered to the Planning Commission office are the same mylars that were previously signed by the commission. He stated he submitted new mylars only because he was concerned that the town clerk would be reluctant to file mylars that would have the old date crossed out and a new date added. Mr. Kenny addressed the discrepancies in dates that Attorney Mattern stated in his letter to commission on Wood Crest
Estates. Attorney Mattern stated that the applicant refers to plans revised through June 17, 2005, however in the applicants transmittal to the commission of February 7, 2006 he refers to plans that were earlier plans on this subdivision, and not the final revised set of plans. Mr. Kenny reviewed the history of the subdivision approval with the commission.
Mr. Kenny concluded by stating the changes in the dates of the plans were scrivener errors. Mr. Thompson asked if these corrections to the drawings were identified in the notes on the plan or any attached document. Mr. Kenny stated that they were not. Mr. Kenny again assured the commission that the corrections were very minor in nature, but he did not keep a record of the changes.
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February 9, 2006
Mr. Thompson stated he thought it would be best for the commission to follow the recommendations made by counsel. Attorney Nelson, representing the applicant, stated that Attorney Mattern’s concern in his letter on Wood Crest Estates is not that there maybe additional changes on these maps, but his concern is that the transmittal that Mr. Kenny sent to the Planning Commission refers only to changes which occurred through March 31, 2005 when the mylars clearly demonstrated changes through June 17, 2005. Therefore, Attorney Nelson stated he felt Attorney Mattern’s concern is that the maps that are being approved did include the changes that were already approved. Mr. Thompson asked Attorney Nelson if he spoke with Attorney Mattern today. Attorney Nelson stated he did not but that was the
message left at the office.
Chairman Thompson stated he did not feel a meeting was the proper time to verify the new maps were in fact the same maps as previously approved. Furthermore, he noted he has not had the opportunity to speak with Attorney Mattern. He further stated Attorney Mattern has given the commission the option to approve the plans subject to his review.
Mr. Kenny asked if the commission would consider re-approving the plans previously signed by the commission by changing the date if the town clerk would still accept them.
Harold Thompson made a motion to approve the application for Wood Crest Estates including the modification contingent on the review of the appropriate plans by Attorney Mattern prior to filing. Connie Kastelowitz seconded the motion. The motion passed unanimously.
Steve Ross made a motion to approve the application for South Lyme Estates as submitted. Nancy Strohla seconded the motion. The motion passed unanimously.
Harold Thompson stated the applicant has submitted a request to waive the application fee. He also noted that over the last few years a large amount of money has been expended on these two applications..
Mr. Kenny agreed to pay the application fees in the amount of $950.00.
READING AND APPROVAL OF THE JANUARY MINUTES
Steve Ross made a motion to waive the reading and approve the minutes as submitted. Connie Kastelowitz seconded the motion. The motion passed unanimously.
PRELIMINARY DISCUSSION – 29- HATCHETTS HILL ROAD
James Bernardo, L.S. presented the preliminary drawings on behalf of the applicant, New England National, LLC. He stated it is a 44 acre parcel located in an R-80 zone. The proposal is for eight building lots. He stated there is approximately 15 acres of open space combined with the conservation easement. The lots will be accessed by a 2,200 foot private driveway with underground utilities. The commission made the applicant aware the application will be referred to the Old Lyme Fire Department which may have some concerns over the length of the road. Mr. Bernardo stated he was sure the applicant would be willing to make provisions for a turnaround on the driveway.
Respectfully submitted,
Kim Groves
Land Use Administrator
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