OLD LYME PLANNING COMMISSION
SPECIAL MEETING
OCTOBER 3, 2007
PRESENT WERE: Chairman Harold Thompson, Robert McCarthy, Steven Ross and Alternate Robert Pierson seated for Chris Kerr, and Alternate Nancy Strohla seated for Connie Kastelowitz. Also present were: Jamin Laurenza, Attorney Sal Diglio, Steve McDonnell and Kim Groves.
The Chairman called the Special Meeting to order at 4:15 p.m.
Chairman Thompson noted the commission had received comments from both Attorney Mattern and Thomas Metcalf dated October 3, 2007. Thompson stated he had asked Attorney Mattern to draft a motion with regard to the Four Ponds Development. Thompson suggested the commission and the applicant review the 17 Items outlined in the proposed motion one by one.
Thompson stated Item 1 is worded that “no construction shall be allowed until all contingencies listed herein are completed in full”. Attorney Diglio stated the word “construction” proposes a problem with regard to Item 8 and Item 9 of the proposed motion. He stated that Item 8 and 9 both indicate “the applicant shall obtain any and all permits from the State of Connecticut with regard to the public sewage system and the community water system”. He further stated it was his understanding that both the community septic system and water system have to constructed before the permits are issued. He suggested the wording “no certificate of occupancy” rather than construction. He stated this would put the burden on the
developer because no one is foolish enough to construct of home at his or her own risk.
Thompson stated that the letter from the WPCA addressed that section of the regulations and the agreement between Four Ponds and the WPCA. Thompson stated he felt this letter satisfied both Items 8 and 9. Steve Ross suggested the wording be “no construction of residential dwellings or certificate of occupancies”. McCarthy expressed concern about that wording because there are so many cases when homes are built and occupied prior to the issuance of a Certificate of Occupancy. McCarthy stated he had no issue with any construction associated with the road, but he felt that building houses without the septic and water in place could present a problem. Ross stated he understood McCarthy’s concern but he felt this situation was a little different because without septic
and water there is no way anyone would move in prior to the issuance of a C.O. Ross suggests the wording be included that no water or sewage connection take place. He further stated that no one would move into a luxury home without water or septic. Thompson stated there needs to be clarification on the term “construction” in Item 1 with Attorney Mattern. McCarthy asked what if the house gets built and the system does not get approved for some reason. He stated he was very much against building houses without the water and septic system approved. Ross suggested the wording be included that “no transfer of property or hook up of septic and water may be completed until a certificate of occupancy is issue.” Thompson stated a prospective buyer usually enters into a contract with the developer prior to construction and therefore there could be money loss to that buyer. Ross suggested a condition be added that
Item 1 be disclosed to all prospective buyers.
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October 3, 2007
Thompson tried to reach Attorney Mattern with regard to Item 1, however Lynn Mattern, indicated he was unavailable. Thompson stated he needed to resolve this with Attorney Mattern. Pierson stated he was also concerned about any prospective buyer investing money in home.
Diglio indicated he had no objection to Item 2.
Diglio requested that in Item 3 “and said updated plans shall be approved by the Zoning Enforcement Officer” be deleted. Thompson asked what his objection was to this statement. Diglio satated a revised plan was submitted. He noted that with regard to the conventional subdivision plan the applicant has spent a lot of time addressing this issue. He stated the regulations state that the “conventional subdivision has no official purpose but is used as guide”. He stated the regulation intent is to determine how many lots can reasonably be placed on this parcel. He stated with all the probe holes that have been done at the site including the re-flagging of the probe holes, at the request of Mr. Metcalf, he felt that the applicant has proven that there is
enough reason in that plan to show that the number of units/ homes, can be built in a conventional subdivision. He stated the plans have been submitted and revised several times. He further stated he would guess that there are between 100 and 120 probe holes provided for the conventional subdivision which are not needed in the PRCD. He stated the probe hole data indicates that the soils are excellent for a septic system.
Ross stated the issue is whether the commission is satisfied that 28 lots could be built in a conventional subdivision. He stated if the commission is satisfied with the information submitted then there is no need to create any more additional plans that are never going to be used. He stated from what he has seen the applicant has demonstrated that he can build 28 homes. Ross stated the commission does require this paper work be approved and filed, however if the commission doubts the information at this point then why are we having a Special Meeting. Thompson stated there have been letters in the file expressing concerns about this issue. Groves noted that the ZEO submitted a letter to the commission at their September meeting indicating her concern about several lots.
She felt there was a question as to whether they could meet the MABL requirements. Groves further noted that the revised plans addressing her concerns were submitted to the office on Monday, September 24, 2007.
Thompson agreed to drop the last sentence in Item 3.
Diglio indicated he had no objection to Item 4.
Thompson received a phone call from Attorney Mattern in which he asked for clarification of the term “construction” used in Item 1. Thompson stated Attorney Mattern stated he did not really have a preference, if the commission wanted to say no C.O.’s or property transfers. He stated Mattern’s concern is that the commission does not get into a situation where the town ends up with a bunch of partially built structures on the property. Thompson stated he also discussed the agreement drafted by Attorney Clarke. Attorney Mattern stated once the approval is granted by the Planning Commission then any comments from the Planning Commission would be included in the agreement and reviewed by both the Planning Commission Counsel and Town Counsel.
Thompson stated based on the outstanding issues and concerns he suggested Attorney Diglio meet with Attorney Mattern one more time prior to the commission taking any action.
Ross stated that if there are more contingencies outlined in the approval than needed that is fine.
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October 3, 2007
Diglio stated he had no objection to Item 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17.
Ross requested to add an additional sentence to Item 17: “and this activity involves noise and traffic related to the operation of machinery and trucks.”
Steve McDonnell, WMC, stated that Attorney Diglio indicated it was a multi-step process to get approval for both septic and water. He noted a letter of approval is issued from both the Department of Health and the Department of Environmental Protection to construct the system. He stated it is not a permit but an approval to construct. He asked if that would be acceptable to the commission. Thompson suggested the wording “that no construction of residential dwellings shall occur before the approvals are obtained to construct these systems. McDonnell stated that would assure that there is an approval for systems that can be constructed. The commission reviewed the wording.
Steve Ross noted for the record that he was absent at the last regular meeting, however he did listen to the tapes.
Steve Ross made a motion to approve the application of Four Ponds Development, LLC for a Special Exception-PRCD under the provisions of the Planned Residential Cluster Development regulations as provided for in the Old Lyme Zoning Regulations, subject to the following contingencies:
No construction of a residential dwelling shall be allowed until the Department of Environmental Protection and Department Of Health have granted an approval for construction of the sewage and water system and no Certificate of Occupancies will be issued until a permit to discharge has been issued from the DEP and a permit to operate from the DOH.
Parcels one and two shall be deed be merged into one lot.
The applicant’s plans showing a conventional subdivision dated September 24, 2007 should be updated to reflect all 28 lots as shown, with each lot’s respective area and MABL.
The applicant shall submit final plans definitively depicting the northerly boundary line with A-2 Certifications, which boundary line shall be used by the Zoning Enforcement Officer and approved by the Zoning Enforcement Officer to determine compliance with the bulk requirements for PRCD residences.
The applicant shall enter into an agreement with the town of Old Lyme regarding connecting the applicant’s private road with the town’s unimproved road known as Old Stagecoach Road, which agreement shall provide, inter alia, for the appropriate construction of said construction to Old Stagecoach Road, according to town road standards, the maintenance of said connection, the bonding that may be required for said connection, and future maintenance of said connection by the applicant’s homeowners association. This agreement shall be approved by counsel for the town of Old Lyme as well as counsel for the Old Lyme Planning Commission prior to the recording of same. A certificate of title shall be issued by the applicant’s attorney providing ownership of
all land affected by said connection. Showing the authority to undertake the construction of said connection.
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The applicant shall enter into an agreement with the Town of Old Lyme regarding connecting the applicant’s private road with the town’s improved road known as Nicoja Way, which agreement shall provide, inter alia, for the appropriate construction of said connection to Nicoja Way according to town road standards, the maintenance of said connection, the bonding that may be required for said connection, and future maintenance of said connection by the applicant’s homeowners association. This agreement shall be approved by counsel for the Town of Old Lyme as well as counsel for the Old Lyme Planning Commission prior to the recording of same. A Certificate of Title shall be issued by the applicant’s attorney providing ownership of all land affected by said
connection and showing the authority to undertake the construction of said connection.
The applicant shall submit easements in favor of the Town of Old Lyme and the Old Lyme Water Pollution Control Authority providing for easements and rights of way for access to the Community Sewage system, to perform inspections, maintenance, repairs or other work necessary to assure the continued operation of the system; the authority to compel the performance of any maintenance, repairs, or replacements deemed required by the Water Pollution Control Authority; the creation by the applicant and control by said authority of sufficient cash reserves to assure that any system is capable of normal repair, maintenance, and long term capital replacement or repair, replenishment of such capital reserves following the expenditures from such fund; the authority to enforce replacement and
maintenance orders, to perform such word by said Water Pollution Control Authority, and the Authority to obtain reimbursement for any costs incurred by the said authority, including but not limited to consulting and legal fees; the provisions for assignment of these obligations and the assignments thereof to assignees who shall assume these obligations; the imposition of a maximum annual assessment upon unit owners to insure adequate funds for routine maintenance and to provide capital reserves as recommended by the said authority’s consulting engineer, and the authority to adjust or require an increase in any annual assessment. These easements shall take into account all items set forth in Section 36.16.1 of the Old Lyme Zoning Regulations.
The Applicant shall obtain any and all permits from the State of Connecticut Department of Environmental Protection that authorizes the applicant to provide a community sewage system.
The applicant shall obtain from all State of Connecticut authorities certified permits needed to operate a Community Water System, including but not limited to, a Certificate of Public Convenience and Necessity. The applicant shall also provide to the Old Lyme Planning Commission all documentation evidencing and allowing a Water Company to operate and manage said water system. In no event, shall the Town of Old Lyme be required to operate said system. All documents shall be approved by counsel for the Water Pollution Control Authority and Counsel for the Old Lyme Planning Commission.
The applicant shall submit an Open Space Easement, which shall be approved by counsel for the Old Lyme Planning Commission.
The applicant shall form a Homeowner’s Association together with proper bylaws and regulations, which shall also assume all obligations imposed upon the applicant pursuant to this approval. These documents shall be approved by counsel for the Old Lyme Planning Commission.
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The applicant shall submit executed architectural standards and covenants as well as trail easement. These documents shall be approved by counsel for the Old Lyme Planning Commission.
The grading easement in favor of the applicant shall be obtained from the owner of the Thomas Montano piece as shown on said plans. This easement shall be approved by counsel for the Old Lyme Planning Commission.
The applicant shall submit appropriate approvals from the State Department of Transportation for access to Boston Post Road.
All fire fighting needs shall be in accordance with the Old Lyme Fire Department’s recommendations.
The applicant shall provide all requirements as set forth in the town engineer’s letter of August 16, 2007, (with attachment of August 13, 2007) and subsequent letters therefrom.
The applicant shall provide a Notice for the Old Lyme Land Records that the subject project is located in the vicinity of a stumping ground. The applicant shall note in all deeds to purchasers further notification that this project is located in the vicinity of a stumping ground and this activity involves noise and traffic related to the operation of machinery and trucks.
Bob Pierson seconded the motion. The motion passed unanimously.
Respectfully submitted,
Kim Groves
Land Use Administrator
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