OLD LYME PLANNING COMMMISSION
PUBLIC HEARING AND REGULAR MEETING
JULY 12, 2007
Present were: Chairman Harold Thompson, Steve Ross, Chris Kerr, Rob McCarthy, Connie Kastelowitz and Alternate Nancy Strohla. Also present were Kim Groves, Attorney Sal Diglio, Gary Hendren, Jamin Laurenza, Clark Payne and Angus McDonald.
The Chairman called the meeting to order at 7:30 p.m.
Harold Thompson made a motion to amend the agenda to discuss 228-1 Mile Creek Road prior to the public hearing. Chris Kerr seconded the motion. The motion passed unanimously.
SUBDIVISION – CLARK PAYNE – 228-1 MILE CREEK ROAD
Harold Thompson made a motion to receive the application for 228-1 Mile Creek Road and set it for public hearing at the September meeting. Connie Kastelowitz seconded the motion. The motion passed unanimously.
PUBLIC HEARING
FOUR PONDS DEVELOPMENT, LLC – 313-355 BOSTON POST ROAD
Attorney Diglio introduced himself as well as Jamin Laurenza and Gary Hendren who were present to discuss the application with the commission. Diglio indicated that the property was located at 313-335 Boston Post Road and consists of approximately 83 acres. He stated the proposal is for a PRCD Development which consists of 28 single family detached homes. He stated the property is unique because it is heavily wooded including four ponds and the elevations from Boston Post Road makes it such that the houses will not been seen from the public roadway. He stated the development includes a private road, which follows an existing gravel road. He also stated there is an entrance way over a 200 ft. portion of an unimproved town road. He stated this was discussed with the Board of Selectmen
back in March. He further noted they indicated they would be voting on this issue at their July 16th, 2007 meeting.
Diglio stated they had appeared before the WPCA Commission and given a presentation to that committee with respect to the community sewer system. He noted that commission does not actually approve the plan, but they approve the design and they also instructed the applicant to continue forward with the DEP process. He also noted Attorney Wells reviewed the documents on behalf of the WPCA and requested some minor revisions which have been made and resubmitted. Diglio indicated they have been accepted basically, but the two funds required have not yet been set up with the town. Diglio also submitted minutes from their meeting with the WPCA on March 22, 2007. (See attached)
Thompson asked if the system is being designed for 28 homes, how would it be impacted if only four or five homes are occupied initially for a period of time. Diglio stated when the community system is built it is built to accommodate the 28 homes and it will run from day one as if 28 homes were connected. Thompson
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July 12, 2007
asked if there would be any impact on the operability of the system if it does not have the amount of fluids and does not take in the volume it would normally have with 28 homes. Hendren stated the system does have a range of operation and if there is only one or two homes initially the water source will have to be supplemented.
Digilio stated that in compliance with the regulation Section 36.9.4 that is the conventional subdivision layout – the applicant has submitted a plan to comply with this regulation. He further noted that on July 3, 2007 the project engineer did a soil analysis consisting of over 60 probe holes and that report which is dated July 5, 2007 was submitted to Mr. Metcalf for his review. Diglio indicated Mr. Metcalf has not been able to visit the site as of yet because of his schedule, however he agreed to visit the site tomorrow (July 13, 2007).
Digilo also noted that the commission has received a letter dated July 12, 2007 from Attorney Mattern indicating he was not able to review the documents he received on June 26, 2007. Diglio also noted that Metcalf and Mattern will be meeting next week to discuss these issues and he also offered to be available to attend the meeting as well. Diglio also noted for the record that the Wetlands Commission has approved the application with conditions.
Steve Ross asked if the wording had been included in the documents forwarded to Attorney Mattern pertaining to the certain lots (those closest to the Kus property). Diglio stated he thought the wording that was discussed was to be included in the Public Offering Statement. Ross stated the wording was to be included in the deeds for those properties to make prospective buyers, owners and future owners aware that there was a stump grinding operation in close proximity. Diglio also noted the wording was put on the plans. Ross asked that the wording be put on the deeds for those particular lots. Ross asked if the community system would be supplemented by on site water. Hendren indicated the flow would be supplemented by an on-site well.
Attorney Diglio submitted a letter to the commission consenting to a 35 day extension of the public hearing.
The applicant asked the commission if they would be willing to hold a Special Meeting in August.
Steve Ross asked for the record when the public hearing was opened on this application. Thompson indicated it was opened this evening. Ross stated that anything that has happened before tonight is not relevant for the timeframe for handling this application. He also noted that this commission generally handles applications very expeditiously. Ross further indicated the fact that the applicant got the legal documents and plans to both Tom Metcalf and Attorney Mattern prior to the hearing will speed things up on the application.
Diglio stated he just wanted the commission to be aware that he was doing his job in making sure all the proper bases were covered prior to the hearing.
Harold Thompson made a motion to continue the public hearing until September unless a Special Meeting can be scheduled in August. Chris Kerr seconded the motion. The motion passed unanimously.
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July 12, 2007
READING AND APPROVAL OF THE JUNE MINUTES
Steve Ross commented that there was discussion at the last meeting regarding one of Chris Kerr’s comments. It was difficult to understand the tape and that the tape was reviewed and listened to many times, however there were a few words that could not be understood. He further noted the minutes refer to this issue and there may be subsequent changes to those minutes should Kerr listen to the tape and make changes.
Steve Ross made a motion to waive the reading of the minutes and approve them as submitted. Connie Kastelowitz seconded the motion. The motion passed unanimously.
Thompson made a motion to amend the agenda to discuss recent commission business. Kerr seconded the motion. The motion passed unanimously.
2010 PLAN OF DEVELOPMENT
Ross asked if there was any new information. Thompson indicated he had not yet contacted Ellie Czarnowski to discuss the issues raised by the commission but he will in the near future.
WOODCREST ESTATES
Thompson stated that Woodcrest Estates currently owes $17,000 in fees to the Town of Old Lyme. He stated he has asked Attorney Mattern to generate a letter asking for payment. He stated that if payment is not received the commission has the option of filing a suit and/or lien against the bond that is being held by the town. He also noted that he has requested that Mr. Metcalf do no further inspections until payment is received. He stated Woodcrest currently has approximately $3,000.00 in outstanding fees due to the town for Mr. Metcalf’s inspections of the site. He also noted all necessary parties have been notified.
VILLAGE ESTATES
Thompson also noted that Village Estates also owes the town approximately $1,500 in inspection fees. He noted they have also been notified and no further inspections will be conducted until the fees are paid.
Respectfully submitted,
Kim Groves
Land Use Administrator
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