OLD LYME PLANNING COMMISSION
PUBLIC HEARING & REGULAR MEETING
NOVEMBER 9, 2006
Present were: Harold Thompson, Connie Kastelowitz, Robert McCarthy, Alternate Nancy Strohla seated for Chris Kerr and Alternate Robert Pierson seated for Steve Ross. Also present were: Kim Groves, Gary Hendren, Attorney Hollow, Bob Barneschi, Gary Wilditz and Kevin Kenny.
The Chairman called the meeting to order at 7:30 p.m.
REGULAR MEETING
LOT LINE MODIFICATION – TOWN OF OLD LYME – 52 LYME STREET
Selectmen Griswold presented the plan which proposes the 10’ conveyance of land to the Town of Old Lyme. The commission reviewed the plot plan. The parcel is located in an R-15 zone. He also noted the plan included the addition of a 6’ strip from Lyme Street along the narrow access to Lot 55 and it will create a safer traffic entrance. Kim Groves noted for the record that the Town Sanitarian, Ron Rose and Ann Brown, Zoning Enforcement Officer had approved the plan as presented.
Robert Pierson made a motion to approve the lot line modification for the Town of Old Lyme at 52 Lyme Street. Nancy Strohla seconded the motion. The motion passed unanimously.
VILLAGE ESTATES – BOND REDUCTION
Harold Thompson reviewed the letter from Thomas E. Metcalf, dated October 7, 2006 to the Planning Commission. Mr. Thompson stated Mr. Metcalf has recommended the bond be reduced by $12,033.00.
Harold Thompson made a motion to reduce the bond amount by $12,033.00 and the Town of Old Lyme will retain a bond amount of $68,977.00. Bob Pierson seconded the motion. The motion passed unanimously.
Steve Ross will be seated for the remainder of the meeting.
PROPOSED AMENDMENTS TO THE OLD LYME ZONING REGULATIONS – Section 32.6.9, 32.6.10, 36.2.8, 36.10.2 and 36.14
Harold Thompson asked the commission if they had any comments with regard to the proposed regulations. He noted most of the changes were with regard to open space.
Robert McCarthy made a motion to recommend approval of the proposed regulations as written. Nancy Strohla seconded the motion. The motion passed. Steve Ross abstained.
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PROPOSED AMENDMENTS TO THE OLD LYME ZONING REGULATIONS – ADD NEW SECTION 7.4.3.1
Thompson indicated this change deals with the setbacks . Mr. Thompson read the proposed wording “where a lot located within the LI80S Zone (district) is adjacent to a limited access highway, the setback from such highway shall be 25% of the normal distance for that setback or no less than 10’.
Mr. Pierson stated he felt this was a reasonable proposal because the reason for setbacks is to protect neighbors. He stated he felt the town should grant a little leeway to the property owners who have to suffer with the highway noise.
Mr. Ross asked if this was any property. Mr. Pierson indicated it was properties located in the industrial zone along the turnpike from Four Mile River Road up to Flat Rock Hill Road. Mr. Ross asked how many areas in these zones would be impacted. Mr. Pierson stated it would involve Machnik Drive and Hatchett Hill Road. Mr. Ross expressed concern about spot zoning. Mr. Pierson stated that if the change were being created for an entire zone it would not be considered spot zoning. Mr. Ross asked why the zoning commission did not make the proposed change to include all properties abutting I-95. He further stated he felt this change should be all properties abutting I-95. Mr. Pierson suggested the Planning Commission make this recommendation.
Mr. Thompson stated an individual submitted the proposed amendment and questioned whether the changes were drafted for his specific needs. Mr. Pierson again suggested that the Planning Commission recommend to the Zoning Commission that this proposed change is a good idea, but as proposed it is for only one location, which could possibly involve the town in spot zoning therefore, maybe it should apply to all abutting properties.
Mr. Ross made a motion that the Planning Commission recommends approval of the proposed amendment, however they recommend that the amendment be applied to all properties in all zones abutting I-95 and the amendment as proposed gives the appearance of spot zoning. Connie Kastelowitz seconded the motion. The motion passed unanimously.
BEACH FARMS – PRCD – BOND RELEASE REQUEST
Harold Thompson made a motion to approve the release of the maintenance bond in the amount of $66,488.41 pending approval in writing from Mr. Metcalf. Steve Ross seconded the motion. The motion passed unanimously.
WOOD CREST ESTATES & SOUTH LYME ESTATES
Attorney Leslie Hollow introduced himself to the commission on behalf of the applicant. The commission discussed the correspondence and emails regarding the above subjects. Attorney Hollow stated as of the end of the day today both he and Attorney Mattern agreed as to the status of both of the applications. Attorney Hollow indicated that the first application is for a resubdivision (South Lyme Estates) and the question is whether this application went beyond the ninety day period for recording the mylars for that resubdivision.
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Attorney Hollow stated he informed Attorney Mattern that the mylars had been already recorded on October
18, 2006 and therefore Attorney Mattern agrees that was a timely recording and if indeed the correct mylars were recorded then South Lyme Estates is all set with respect to the mylars. He further stated that the legal documents still need to be recorded. Attorney Hollow also stated that Attorney Mattern indicated that he would not be able to confirm that the correct mylars were recorded until Monday. Therefore, Attorney Hollow suggested to Attorney Mattern that the commission receive the re-application for South Lyme Estates and set it for public hearing and if it is determined that the mylars recorded are incorrect this application will be able to go to public hearing next month. However, if it is determined that the correct mylars are recorded the applicant will simply withdraw the
application at that time. Hollow stated that both he and Attorney Mattern are in agreement that no mylars have been recorded with respect to Wood Crest Estates and the time period has expired for that application. Therefore, he requested that the commission accept the reapplication for the Modification of Wood Crest Estates and grant an approval of that reapplication because it is identical to what was previously approved. He noted if that application is approved tonight then the mylars for Wood Crest Estates along with the legal documents could be recorded.
Attorney Hollow stated that with respect to the legal documents they include three items. There is one modification to the Declaration of Wood Crest Estates which was given to the Planning Commission as a fully executed original and was reviewed and approved by Attorney Mattern, therefore that document can be recorded in its original form. He stated with respect to South Lyme Estates there are two modifications to the Declaration. The first modification was reviewed by Attorney Mattern, at which time he found an error in one of the legal descriptions which had to be corrected, therefore a new fully executed original of that document has not been submitted. Hollow stated the second Declaration on South Lyme Estates was submitted to Attorney Mattern as a fully executed original that was
reviewed and approved and can be recorded.
Hollow summarized by stating therefore the applicant is requesting the acceptance and approval of the application for the Modification of Wood Crest Estates and the acceptance of the application for the Resubdivision of South Lyme Estates and have that application set for public hearing at the December meeting should the commission determine that to be necessary.
Harold Thompson explained to the commission that extensions can be requested by the applicant to further the time period, however the applicant did not request any extensions, therefore the time has run out and a reapproval process will be necessary. Mr. Thompson also noted that Mr. Rose, Town Sanitarian submitted a letter to the commission requesting that the deep hole test data be displayed on the Wood Crest Estates mylar. Mr. Thompson noted Mr.Rose had reviewed the information in the past, however this request was not part of his original review.
Harold Thompson stated the documents would need to be verified by Attorney Mattern. He also noted there are still outstanding review fees from the project. Attorney Hollow asked the commission to waive the filing fees for the re-applications for both subdivisions. He further stated it is his expectation that he will be withdrawing the application for South Lyme Estates, but if not he would request the application fee be waived.
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Mr. Ross stated he did not see a problem with waiving the fee provided that any such approval is confirmed and that the mylars are identical with the exception of Mr. Rose’s request, which makes them not identical. Mr. Ross also requested clarification of the status of the outstanding fees because he did not believe they are
a separate issue. Mr. Thompson asked Attorney Hollow what the status was on the outstanding fees for the additional reviews. Attorney Hollow indicated the applicant has requested back up documentation on the fees. Kim Groves noted she had forwarded all of the individual bills from Mr. Metcalf. Mr. Wilditz indicated he had received those bills, but was waiting a breakdown of Attorney Mattern’s bills. Attorney Hollow indicated for the record he was not aware that his client had received any back up of the individual bills. Attorney Hollow indicated he would review all of the bills when they are received. He further stated he was unclear at this point what the position of his client is with regard to these fees.
Kim Groves noted for the record to the commission if either of the applications need to be re-advertised there will be fees incurred. Attorney Hollow indicated his client would be happy to cover any publication costs associated with the applications. Kim Groves also stated she would not be responsible for recording any mylars or documents that are not reviewed and approved by Attorney Mattern. She further stated there have been so many changes she did not feel comfortable assuming responsibility for filing of the correct documents. Attorney Hollow stated if necessary he would create all new originals of the documents. Kim Groves also requested a complete paper copy of the mylars that are recorded in the clerks office.
Harold Thompson stated when modifications have been submitted to the plans it appears that different pages were inserted rather than a complete new set of plans.
Harold Thompson stated he would be willing to waive the fee for South Lyme Estates given the fact that the applicant will be responsible for all the mailings and advertising should a public hearing be required.
Mr. Ross stated he is increasingly uncomfortable with this process, he stated he has no problem waiving the fees for any submissions, however any approval of the applications should be after review by Attorney Mattern. Kim Groves stated there have been so many revisions to the applications she did not want to be responsible for cross checking the legal documents. Mr. Ross stated he was also uncomfortable with the applicant’s response regarding the outstanding fees. He stated if the applicant has had the engineer’s bills for several weeks, the applicant has not given the commission any positive feedback that they have been reviewed and they are just waiting for the legal bills to be identified more clearly.
Harold Thompson stated it is unfortunate that the mylars were recorded without the legal documents. Mr. Thompson stated Attorney Mattern has committed to come to town hall to review the documents on Monday and verify that the correct mylars were recorded.
Mr. Ross stated once again he did not have a problem accepting the applications and waiving the fee, but he did have a problem approving the applications in advance.
Attorney Hollow stated the reapplication is simply a letter requesting approval of our original application for modification. Therefore, the actual modification documents have not changed. The only problem is the time has expired for filing the mylars. Mr. Kenny stated the mylars for Wood Crest Estates have been in the Planning Office for quite some time.
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Nancy Strohla asked whose responsibility it was to file the mylars within the time period. Mr. Thompson stated it was the applicant’s responsibility.
Mr. Pierson stated he had generated the amount to be billed to the applicant with regard to the attorney fees. He further stated he went through every bill and most of it was very clear, and when the bill stated South Lyme Estates, Wood Crest Estates or Attorney Hollow I assumed it was part of this application. Attorney
Hollow indicated that would be correct because he had no other dealings with Attorney Mattern at this time. Mr. Pierson stated he would review the bills and forward them to the applicant. Attorney Hollow also indicated he would be reviewing Mr. Metcalf’s bills, which have been previously forwarded.
ACCEPTANCE OF THE WOOD CREST ESTATES APPLLICATION
Harold Thompson made a motion to accept the application of Wood Crest Estates and waive the fee, that the additional mylar will be submitted to satisfy the comments of Mr. Rose involving the deep hole test information, and copies of all legal documents and paper copies of the mylar be submitted to the Planning Commission. Connie Kastelowitz seconded the motion. The motion passed unanimously.
DISCUSSION AND POSSIBLE DECISION OF WOOD CREST ESTATES
Harold Thompson made a motion to approve the application pending approval of legal documents by the Planning Commission counsel. Connie Kastelowitz seconded the motion. The motion passed. Steve Ross voted against.
DECISION – SOUTH LYME ESTATES
Harold Thompson made a motion to accept the application and waive the application fee, however the applicant will be responsible for all fees incurred should a public hearing be required, and at the earliest convenience the attorneys for the applicant and the commission meet to resolve the executed documents and determine that they are acceptable that copies of all the executed documents be submitted to the Planning Commission and that the documents be recorded in the clerks office. Steve Ross seconded the motion. The motion passed unanimously.
PUBLIC HEARING
SUBDIVISION – FOUR PONDS DEVELOPMENT, LLC – 313-335 BOSTON POST ROAD
Mr. Thompson noted for the record that this subdivision has not received wetland approval at this time. He also noted the Wetlands Commission does not meet in the month of December.
Gary Hendren introduced himself as the Project Architect for the Four Ponds Development. He stated the property is 83 acres containing 28 “home sites” with primary access off of Route 1 and secondary access off of Nicoja Way, which is a gravel road. He noted there is an 11 acre strip of land that borders Route 1 that is not part of this project. Mr. Hendren stated there are four ponds located on the site. The property has a main elevated ridge. The project will be a PRCD Development which lends itself to the topography of the site and is located in an RU-80 zone. Mr. Hendren presented pictures of the individually designed homes that must
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conform to the covenants which set a high standard for quality and materials while allowing for individual tastes and needs.
Mr. Thompson asked if a homeowner wanted to build a home, would a design committee have to approve the home. Mr. Hendren indicated that was correct. Mr. Hendren stated this was pretty standard for a condominium association. Mr. Pierson stated he requested at the preliminary review that the applicant submit samples of perspective house sites and this has addressed this concern.
Mr. Hendren stated that as part of the application engineered road plans have been submitted as well as the community septic systems. He stated the community system would be located in the existing open field.
Bob Barneschi, WMC Engineering, explained the proposed system. He stated the treatment plan has not yet been designed, however it will be the same technology that was used at the Old Lyme school property. He reviewed some of the technical standards of the system with the commission.
Mr. Thompson asked how the system would handle severe rainfall. Mr. Barneschi stated that more water is better for the delusion. Mr. Hendren stated the proposed system design was reviewed and granted approval by the DEP. Mr. Barneschi stated approval is not granted until the system is built. They give you a technical feasibility approval that they agree with the conceptual design and it can be built to the required standards. Mr. Barneschi stated the permit process takes several months to obtain.
Mr. Hendren stated the development contains both dedicated open space as well as a conservation easement with restricted activity. Mr. Hendren reviewed the development schedule with the commission. (See attached) Mr. Hendren stated that both the road and the septic system need to be constructed prior to homes being constructed. He also submitted review procedures for each individual home beyond the local building permits. He stated they have outlined footprints for each of the individual homes. Mr. Hendren stated there would be minimum traffic generated from this development.
Mr. Thompson asked Mr. Hendren if Nicoja Way was a private road, is it part of this property or is it a barrier between the two properties? Mr. Hendren stated his development has rights according to the deed. Mr. Thompson asked for clarification. The attorney for the applicant indicated he has not completed his research at this time. Mr. Ross asked if the paved portion of Nicoja Way was a private road or public road. Mr. Hendren stated it was a public road up to the end of the current pavement. Mr. Hendren stated it was explained to him that it was a public road up to the end of the current pavement and the applicant owns half the road up to the centerline from the extent of the pavement up to the stump area. Mr. Ross asked if the current paved portion of Nicoja Way is town
owned. Mr. Hendred stated that was his understanding.
Mr. McCarthy asked if the developer would still be involved when the community center is constructed. Mr. Hendren indicated the developer would still be involved. He explained the community center would be approximatley 3,000 square feet. It will contain an exercise room, social room, and a kitchenette with a swimming pool and bath houses. He stated at that point there would be a majority of homeowners who can elect whether they want a swimming pool or possibly construct a horse stable.
Mr. Pierson reminded the applicant it was critical to receive their approvals from the state in order to meet the established timeframe. Mr. Hendren asked the commission if the letter they currently have from the state was going to be adequate to continue with their approvals. Mr. Ross stated the question is whether this commission can give approval based upon the system designed. He indicated his opinion would be yes
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because there is no way to get anything built and approved by DEP until it is built and they can’t build until the commission states it is alright based on DEP’s approval of this design is also approved by the town. Mr. Pierson suggested that the commission seek counsel on this opinion.
Mr. Thompson suggested the commission walk the site. He further asked Janet Bechtel, Commission Chair
of Inland Wetlands if they had walked the site. She indicated the commission had been on the property at least four times. Bechtel stated from the Inland/Wetlands point of view she did not feel that this project represented a significant impact therefore they did not require a public hearing on this application. She further noted they had some specific concerns with regard to the septic system, which they have addressed to
the applicant. She also had some concerns with the placement of the homes so close to the review zone.
Harold Thompson made a motion to continue the public hearing until December. Steve Ross seconded the motion. The motion passed unanimously.
The commission agreed to walk the site on Friday, November 17th at 2:00 p.m.
CONTINUE REGULAR MEETING
AFFORDABLE HOUSING ORDINANCE
Mr. Pierson stated he supported the idea of relaxing some of the standards to encourage affordable housing.
Mr. Ross stated he also supported the idea.
Steve Ross made a motion that we indicate that the Planning Commission is in support of Old Lyme adopting an ordinance in favor of this proposal. Nancy Strohla seconded the motion. The motion passed unanimously.
READING AND APPROVAL OF THE OCTOBER MINUTES
Steve Ross made a motion to waive the reading and approve the October minutes as presented. Connie Kastelowitz seconded the motion. The motion passed. Robert McCarthy abstained.
Respectfully submitted,
Kim Groves
Land Use Administrator
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