OLD LYME PLANNING COMMISSION
REGULAR MEETING
MAY 10, 2007
PRESENT WERE: Chairman Harold Thompson, Chris Kerr, Steve Ross, Robert McCarthy, Connie Kastelowitz, and Alternates Nancy Strohla and Robert Pierson. Also present were: Ted Kiritsis, Diana Atwood Johnson, Ann Brown and Kim Groves.
The Chairman called the meeting to order at 7:05 p.m.
COMMISSION BUSINESS
GUIDANCE FOR THE BOARD OF SELECTMEN TO SET A POLICY FOR THE SALE OF TOWN PROPERTY
Ann Brown stated she had submitted a memo to the commission dated May 7, 2007 addressing this issue. She stated the Board of Selectmen periodically have requests from property owners to buy adjacent town property. She noted most often it is rag tag pieces that the town received as a result of foreclosure. Property owners would like to purchase them to add onto their existing lots to develop a conforming lot which would allow them to have additions and out outbuildings, etc. Brown stated the Board of Selectmen is soliciting guidance from their land use commissions because they would like to set a policy, which would establish consistency in their decision making.
Brown stated that zoning feels that whenever a non-conforming lot is made into a conforming lot it is a good thing, however the fact is the way the regulations are written that once enough property is acquired to have a conforming lot a structure can be built on that lot. She further stated currently there are zones that are as small as 10,000 sq. ft and DEP has sent a memo to the town stating that no new lot should be created less than 30,000 sq. ft. which is why the MABL regulation was created.
Ross asked if this discussion was based only on the sale of town owned property. Brown stated that was correct. Pierson asked if there was anyway to stipulate that the lot must meet the 30,000 sq. ft requirement in order to be considered buildable. Brown stated easement restrictions could be placed on property at the time of conveyance by the town. Pierson suggested counsel draft language that would protect the town.
Ross stated that the circumstances for these situations varies so considerably and have potential ramifications to both the present and the future. He feels that to try and pigeon hole this type of transaction into a uniform policy is not advisable. He further stated he feels that each circumstance should be considered on its own merits and if the Selectmen would like help in appraising these situations then the policy should be that when the town is considering the sale of public property to an adjacent property owner that the matter be referred to the Planning Commission. Pierson stated they are already required to do that under Section 8-24 of the State Statutes. Ross then stated he did not see a need to change the process that is in place because then advice can be provided at the time of
sale to suit the situation and suggest any restrictions or conditions that are deemed beneficial to the community.
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Thompson asked if the are any active requests. Brown stated there are several requests. Thompson asked if these requests were to establish a minimum buildable lot. Brown stated there are varying requests.
Pierson stated that Section 8-24 allows the commission to approve or deny the request, however if the commission denies the request it can still be over ridden with a super majority, therefore they would like to set a policy. Thompson asked if the area towns have developed a policy with respect to this situation. Thompson suggested CRERPA be contacted to see if any of the area towns have a policy. Pierson stated if the Board of Selectmen wanted guidance that could state if this additional acreage is only being used to generate a 30,000-sq. ft. lot. Kerr expressed concern over discrimination. Pierson stated this would be advisory information that the Selectmen could provide to the property owner. He further stated that regardless of what occurs on an advisory basis it would still
have to comply with Section 8-24. Ross stated he did not see a problem with the current process and it allows this commission to provide the technical expertise on each individual situation. Pierson suggested the commission table any action until there is an opportunity for the commission to find out a little more information as to exactly what the selectmen are seeking. Pierson agreed to talk to Tim Griswold and CRERPA prior to the next meeting.
The commission agreed to table any action until the June meeting.
Steven Ross recused himself from the next agenda item. Pierson will be seated.
JOINT PROPOSAL – HARBOR MANAGEMENT & OPEN SPACE COMMITTEE – LAND SWAP – TANTUMMAHEAG ROAD & MILE CREEK ROAD
Steven Ross, Secretary of the Harbor Management Commission (HMC), introduced the joint proposal by the Harbor Management Commission and the Open Space Committee (OSC). He stated the HMC conducted a review of town owned access to waterways late last year to see if there were any improvements/ changes or acquisitions. He noted in the process of doing that they met with Diana Atwood Johnson, who owns the property at Tantummaheag Road at which there is a town owned access to Lord Cove. He stated the access appears to be on private property. He stated that over the years the water access at this landing has become very poor. He noted it is silted in to the point that it cannot provide access for even a canoe or kayak below half tide. He stated Ms. Johnson came up with a generous
proposal that would maintain public access through a 5-ft wide pedestrian access to the cove (no vehicular traffic which would eliminate people backing up on to her lawn) and the ownership of the approximate ¼ acre of land would be given to Mrs. Johnson who also owns the adjoining property on both sides of the access. He stated in exchange for this Mrs. Johnson will donate to the town a 12.32-acre parcel off of Mile Creek just north of the railroad. He stated there is currently access to it and this acreage has a deep-water lagoon (formerly a gravel pit) and there is also an opening for access to the Black Hall River. He stated there is also high ground and sufficient area to create an area for passive recreation and there will also be parking available. Thompson asked where the parking would be located. Ross indicated it would be on site. Ross noted that both the HMC and the OSC approved this proposal unanimously.
Ross noted that the commission received in their correspondence a property description, history of the properties, the proposed easement wording which is similar to what was used at Beach Farms and mapping. Ross stated there was an appraisal done in January 2006 of the Mile Creek property which came in at $225,000.00 and the current assessment is $182,200.00. He noted there will also be an appraisal done of the Tantummaheag property prior to the Town Meeting.
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Thompson asked if the Mile Creek property was accessed next to the Railroad Bridge. Ross indicated that was correct. Thompson asked if that was the only access. Ross indicated that was correct. Ms. Johnson indicated that she thought the access was 15-ft wide, however they have allowed the access to grow in over the years to prevent people from dumping in the area. Thompson asked where the public would park. Ms. Johnson indicated there is parking once you enter into the site. Pierson stated they currently park on Mile Creek Road which is not a parking area, he said they also park in front of an access way to the Mile Creek Apartments, therefore he suggested the parking be interior. Ross indicated the access would be improved so there could be vehicular access into
the site. Thompson asked where the parking would be located at the Tantummaheag access. Ross indicated they could park on the street as they currently do now. Pierson stated there was approximately 600 ft. to get out to navigable waters and about 1 mile total to get over to the CT. River channel and at Black Hall it is about 3,000 ft. down to the Black Hall Bridge. He also noted tide changes limited use at this access as well. He further noted since Poverty Island shifted over there is a very shallow area to get out to Long Island Sound and that total distance is about 1 and 3/4 miles and then to the channel is another 2 ½ miles. Ross stated the access out from Black Hall to the sound has improved since the breach occurred and the boat traffic increased. Pierson stated over the years the area has filled in as well as gone deeper.
Pierson asked why the secretary of the HMC rather than the Chairmen sent the letter. Ross stated any officer of the committee can send the letter, and further noted it was correspondence by the commission that he was directed to send on behalf of the commission. Pierson asked if the commission was familiar with the wording of the proposal. Ross indicated the commission had voted on this action.
McCarthy asked if the Tantummaheag property would be able to be further developed as a result of the additional acreage. Ross indicated it would still be two parcels and does not change the characteristics for zoning. Ross stated that if there was a lot of junk on the Mile Creek Property would the town be taking on the responsibility of removing the garbage. Johnson indicated because of the growth in the access less dumping is happening. Johnson also noted she does currently have the right to have an additional lot at Tantummaheag, however she would be willing to protect the property in any way. She noted it is an historic house and would not like to see any change to the property and is currently in the process of creating something that will protect the house in the future.
Strohla expressed concern about the maintenance of the Mile Creek property once the town takes possession.
Ross stated the town crew would clean this access as it does the other town owned properties. Johnson also noted that the Old Lyme Conservation Trust Green Crew program also maintains properties.
Chris Kerr stated he would like to see a couple of parking spaces located at the Tantummaheag access, therefore, it is not only limited to walkers. Kerr also asked if the access way into the Mile Creek parcel was a 99-year lease from Amtrak? Johnson indicated he was correct. Kerr then asked when the lease expired?
Johnson was not exactly sure. Johnson also stated the adjacent property is currently not being used for anything and suggested that the Town of Old Lyme acquire that parcel which would address the issue of access. Kerr stated the town has been trying to acquire that property for years and the owner has not been interested. Ross stated there is also the possibility of negotiating with Amtrak. Kerr stated he felt that any public access should include parking. Thompson asked if the Open Space Committee included in their motion that a sign should be at the site to identify the area as a walking access area. Ross stated this was part of the proposal
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Kastelowitz stated she felt this proposal was an excellent recommendation that the town should support.
Kiritsis stated he also supported the proposal.
Harold Thompson made a motion to approve the transition of the two properties as presented in the proposal from the Harbor Management Commission. Connie Kastelowitz seconded the motion. The motion passed unanimously.
Steven Ross will be seated for the remainder of the meeting.
ROAD STANDARDS PER SECTION 25-5 OF THE TOWN CODE
Ann Brown stated this was a request from the Board of Selectmen. She noted the town currently has an ordinance that states that no building permit for anything other than a farm building can be issued on a private road unless the private road is created after 1958 and approved by the Planning Commission unless it has a homeowners association that owns and maintains the roads to a particular standard. She noted this is referenced in the Subdivision Road Standards. She stated when this was approved it was different from the current standards.
Brown stated currently there are a number of lots that are ready to construct houses, which are located on Grandview Terrace. She stated the roads are not actually owned by anyone. She noted there is presently a homeowner’s association in place, but they do not own the roads. Therefore, the question is to what standard should these roads be required to be upgraded, if at all.
Pierson stated this particular road was owned prior by a man who has since died, but if it is transferred over to the association he felt it could still fall under the old regulations because it is existing. He also noted he visited the site from a Fire Department perspective and determined that the only requirement would be a turnaround at the top of Grandview. Brown asked if the road could be brought up to the private road standards that were in effect at that time. Pierson stated Hillcrest Road has a pretty steep grade, but it can be accessed from Grandview. Brown stated the Selectmen asked how they could formalize that action. Pierson asked if the existing road was old enough to be under the prior standards. Brown stated since there is an ordinance it should be enforced and if
the ordinance is not proper it should be modified.
McCarthy asked if this was approved when the private road standard was in place. Brown indicated that was correct. McCarthy stated he felt it should be brought to a condition that meets that standard. Thompson stated he felt it was grandfathered under that standard.
Kerr asked why the current developer should be responsible for improving the road when the prior developers were not. He further asked if this would open the town to a lawsuit. Brown stated if the reason for the ordinance was to have safe emergency access to houses then safe emergency access to houses should be provided. Brown also asked if you could require property owners that are not currently a part of the association to join and contribute to the maintenance of the road. Thompson stated that road existed way before this commission.
Kerr expressed concern once again that the town would be opening itself up to a lawsuit by requiring the current developer to improve the road when two houses were built in the last two years without any improvements required by the town at that time. Thompson stated if no permits had been issued to build in that area then the town could stipulate that the road needed to brought up to the minimum standard, but now
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since construction has recently occurred with the road in its current state therefore he suggested the developer be encouraged to improve the road to the old standard and stipulate that it needs to be safe and passable. Thompson stated you couldn’t force a homeowner to become a member of an association after the fact.
Ross suggested the wording “notwithstanding the desirability of conforming to the private road standard due to the circumstances involved and pre-existing properties that have been built upon as recently as a couple of years ago that this is an exception and therefore they will be allowed to build” . Brown stated the problem with this particular ordinance is the building permit. She noted a zoning permit could be issued. Kerr stated if the current developer obtains his three permits to construct the houses and then the property owners request the road become a town road then the town could say no based on the ordinance. Brown asked if this commission would do away with the current ordinance. Kerr stated in this situation he felt the town was backing itself into a corner and
therefore the permits should be issued. McCarthy asked how many lots were still available in the area. Brown stated that was unclear.
The commission agreed to seek counsel for an opinion and also request Metcalf to review the site to see how many potential lots could be made in the area and also what the cost would be to bring the road up to the old standards.
Nancy Strohla asked how we got to this situation. Brown stated when she began employment five years ago she had no idea about the ordinance therefore a permit was issued for the Looney/Gardner Family. She notes sometime after that an old man died leaving several lots to his daughter. At that time the daughter came into the office to find out what the development potential was on these old lots. Brown found out that about 1987 the father came in with a development plan to put houses on these lots at which time Joe Hart, Building Official required him to bring the road up to the private standards, which stopped the development. Therefore, when the old man died this information was all in the file at which time she became aware of the ordinance which restricts the issuance of a building
permit, therefore at that time both Sapere and Looney had constructed their homes and then McDonald came along. She further stated that when the McDonalds came in for their permit she knew about the ordinance and town counsel worked out an agreement with the McDonalds that she would allow their building permit to be issued if they would post a $1,000.00 bond to ensure that the homeowner’s association would be reinstated. She stated McDonald agreed to that condition but did not follow through. She stated currently the homeowner’s association has filed its back tax returns, back filing fees and now the association is in place but then it was discovered, probably by Day’s attorney, that the association must own the road. Therefore, Day’s attorney tried to find out who owned the roads, which led back to Jane Marsh, who had worked very hard years back in trying to settle this road situation. Jane Marsh traced all the
descendants of the dead man and finally found one who was willing to sign and quit claim the roads over and none of the other descendants were willing to do that. Marsh then drafted the deed but never recorded the deed. Brown stated if the deed was recorded twenty years ago the title would be clear and the homeowner’s association could claim it owned the road.
The commission agreed to table any action on this matter until the June meeting.
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PUBLIC HEARING
FOUR PONDS DEVELOPMENT LLC – 313-355 BOSTON POST ROAD
This item will be continued until the June meeting. The Commission discussed a letter dated May 7, 2007 to Tom Metcalf from Attorney Salvatore Diglio, on behalf of the applicant.
REGULAR MEETING
LOT LINE MODIFICATION – BLACK HALL CLUB – 43 BUTTONBALL ROAD
Eugene W. Robida, P.E. presented the proposed modification. Robida oriented the commission with site and reviewed the map. The commission received letters of approval from Zoning, Health and Planning Counsel.
Steve Ross made a motion to approve the lot line modification as presented. Connie Kastelowitz seconded the motion. The motion passed unanimously.
REFERRAL OF PROPOSED AMENDMENT TO THE OLD LYME ZONING REGULATIONS
Thompson stated this proposal addresses Schedule A - Line Item #15, to change the use category for buildings, uses and facilities for the Town or Regional School District #18. Thompson stated this changes the permit process from an administrative permit to a Special Exception granted by the Zoning Commission.
Harold Thompson made a mtion that the Planning Commission concurs with the recommendation of the change in regulations. Robert McCarthy seconded the motion. The motion passed unanimously.
READING AND APPROVAL OF THE MAY 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.
Respectfully submitted,
Kim Groves
Land Use Administrator
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