OLD LYME PLANNING COMMISSION
REGULAR MEETING
NOVEMBER 8, 2007
PRESENT WERE: Vice Chairman Rob McCarthy, Chris Kerr, Steve Ross and Alternate Nancy Strohla seated for Connie Kastelowitz. Also present were: Ann Brown, Kim Groves, Kevin Kenny, Mark Block, and Tony Hendriks.
REGULAR MEETING
LORD’S WOODS SUBDIVISION – PARTIAL BOND RELEASE
The commission received correspondence on this item from Thomas E. Metcalf, Diana Atwood Johnson and Attorney James Mattern.
Attorney Block stated he had made a request on behalf of the applicant, Bassam Awwa, for a partial release of the bond. Attorney Block also noted that he had been notified by Diana Atwood Johnson, that the commission does not have a copy of the letter he submitted to the Open Space Committee. Attorney Block indicated he would fax a copy to the Land Use Office on Friday. Block summarized the letter to the commission which indicated that his office would perform a title search and provide the Open Space Committee with a title opinion; do a market analysis and provide an estimate of the equity that would secure the $75,000 and that sum will be paid within one year whether or not the lots are sold, and that if the Open Space Committee is not satisfied with the mortgage as security the
applicant will provide an additional mortgage on another piece of property, based on a title report and opinion provide to the Open Space Committee.
Attorney Block also noted that this letter did not reference the funds that the town had expended to Mr. Thomas Metcalf for his inspections at the site. He reported that the applicant would reimburse the town for the fees expended from this bond release.
Attorney Block then reviewed the letter from Thomas Metcalf to the commission dated November 7, 2007.
In that letter Mr. Metcalf outlined the remaining work and the cost associated with that work.
Attorney Block stated the Concasia’s have just recently returned the signed agreement. He stated that agreement provides that the Concasia’s be provided with a paved driveway and any additional screening. Block noted the driveway has been paved and to his knowledge the Concasia’s have not requested any additional screening. He further noted he would have Dr. Awwa sign the agreement and forward a copy to the town.
Tony Hendriks submitted an as-built drawing of the fire tanks along with the technical data from Arrow who constructed the tanks. He further stated he would be forwarding the information to both Thomas Metcalf and the Fire Marshal.
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November 8, 2007
Steve Ross made a motion to convert the restoration bond to a completion bond and reduce the amount to $90,267.00 and retain an Erosion and Sedimentation Control bond of $9,557.00.
DISCUSSION:
Ann Brown stated she thought that Mr. Metcalf intended for the commission to keep the $78,000.00 in addition to the $90,000.00. She referenced Item #4 in his letter dated November 7, 2007 to the commission. The commission discussed the issue.
Ross amended his motion to include that the developer has agreed to pay outstanding fees to the town after the release of the bond. Nancy Strohla seconded the motion. The motion passed unanimously.
Robert Pierson arrived and will be seated for the remainder of the meeting.
INSPECTION & REVIEW FEES – WOOD CREST ESTATES & SOUTH LYME ESTATES
Kevin Kenny requested that the accrued interest in each of the individual cash bonds be used against the outstanding fees that are owed to the town for inspections and legal costs on his subdivision. Kenny indicated the amount owed to the town is $17,586.11.
Kenny questioned the amount of money currently in the road bond account. The commission explained that bond was a separate entity held under the jurisdiction of the Board of Selectmen. Kenny also noted he had not been receiving quarterly statements. Kenny also questioned the amount of funds in the road bond account and the bills that have been applied against the account. He asked for clarification of the shortage of $3,600 due to that account.
Ross asked Kenny what was the amount currently outstanding. Kenny indicated it was $17,586.11. Ross asked Groves what the total amount of interest paid on the bonds was currently. Groves read the figures from the Bank of America statement for the year of 2006. Ross stated there should be at least an equal amount of interest through the year of 2007 or approximately 80 percent as of November 1, 2007.
Kenny once again stated he would like to apply the interest accrued on the 4 bonds against the $17,586.11 and then pay the balance.
Kenny submitted a breakdown for the commission to review. He stated he felt there was a total of $7,550.40 of interest accrued to date. He stated that after this figure is applied against the balance the amount due to the town would be $10,035.71. Groves noted this does not include the funds needed to bring the road bond account current.
Ross suggested for clarity the commission uses round figures, which would make it easier. He stated the commission would retain all interest on these accounts and then when everything is released the commission would be dealing with round numbers versus total amount of interest paid to these accounts.
Kenny stated he also wanted to discuss the inspection bond being held by the Selectmen which was originally $4,056.00 and according to the statements it currently has a balance of $1,750.88. He noted Attorney Mattern has stated there is an outstanding amount of $3,604.85 and he would also like to apply the
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November 8, 2007
interest in that account as well. Ann Brown stated that the interest just accrues in that account and will be credited against any bills. Brown stated currently there are more bills than there is money. Kenny stated he did not understand how the account could be short $3,604.85 but the amount of principle that has been withdrawn is based upon the current balance is about $2,900.00. Groves explained that the bills delineate which account the monies should be withdrawn from. Kenny asked if there was a reason that the remaining balance in that account could not be applied against the $3,604.85.
Ann Brown suggested the account be researched and further noted this was not under the jurisdiction of the Planning Commission.
Robert McCarthy made a motion to allow use of the interest to be applied against the outstanding fees.
DISCUSSION:
Ross asked that a time for sending the check to the town be indicated.
Kenny indicated he would submit a check within a week of being notified of the outstanding balance to the town.
Nancy Strohla seconded the motion. The motion passed unanimously.
LOT LINE MODIFICATION – LEROY & MICHELLE MERGY – 22 & 30 LYME STREET
Kim Groves noted for the record that this application has been forwarded to Metcalf for his review. Groves also provided Hendriks with a copy of the correspondence on this application from both Ann Brown and Ron Rose.
Steve Ross made a motion to table any action on this item in order to give the applicant sufficient time to submit the documentation that has been requested by the Zoning Enforcement Officer. Nancy Strohla seconded the motion. The motion passed unanimously.
ORIGINAL DIVISION – JOHN & GAIL POPOFF – 14 LIBRARY LANE
Tony Hendriks submitted revised plans, which address the Zoning Enforcement Officers comments in her memo dated November 6, 2007. Hendriks also noted that the Popoff’s don’t have an attorney and do not want to spend the money to obtain an attorney. Hendriks stated when he did the survey he conducted a sixty year title search on the subject site. Hendriks submitted an opinion letter from his office indicating why he thinks this is an original division and not a sub-division. Hendriks also indicated he has deeds that support the correspondence from this office. Hendriks also stated he did not feel it was necessary to spend $500 for an opinion letter from an attorney to substantiate these facts. Kim Groves stated she would fax the letter over to Attorney Mattern for his review.
Hendriks stated the applicant is proposing to create an interior lot with a separate own driveway. He stated the lot is located in both an R-15 zone and R-40 zone. He stated since most of this lot is located in the R-15 zone based on the regulations it must conform to the regulations for that zone which it does. He stated both properties meet the setback requirements.
Steve Ross made a motion to approve the original division contingent upon verification by counsel that it is indeed an original division. Nancy Strohla seconded the motion. The motion passed unanimously.
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SUBDIVISION – ENOK PEDERSEN – 17 LOTS – BURR ROAD
Chris Kerr made a motion to receive the application for Enok Pedersen for a 17 Lot Subdivision and set it for public hearing in Deceember. Nancy Strohla seconded the motion. The motion passed unanimously.
SUBDIVISION – ROBERT ELY DOUGHERTY – 146 NECK ROAD
Robert Pierson made a motion to receive the application for Robert Dougherty at 146 Neck Road and set it for a public hearing in December. Nancy Strohla seconded the motion. The motion passed unanimously.
REFERRAL FROM THE ZONING COMMISSION FOR MODIFICATIONS TO THE ZONING REGULATIONS AND ZONING MAP
Ann Brown gave a brief presentation of the highlights of the changes, additions & deletions to both the zoning map and regulations. The commission expressed concern over eliminating any LI-80 zoned properties. Ann indicated that the Zoning Commission will hold a public hearing this month but hold it open into December. She agreed to convey the Planning commission concerns to Zoning.
READING AND APPROVAL OF THE OCTOBER 11, 2007 MINUTES
Steve Ross made a motion to waive the reading and approve the minutes as submitted. Nancy Strohla seconded the motion. The motion passed unanimously.
Respectfully submitted,
Kim Groves
Land Use Administrator
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