OLD LYME PLANNING COMMISSION
PUBLIC HEARING & REGULAR MEETING
MARCH 13, 2008
PRESENT WERE: Robert McCarthy, Chris Kerr, Connie Kastelowitz, Steve Ross and Alternates Nancy Strohla seated for Harold Thompson, Robert Pierson and Sean Mulligan. Also present were: Kim Groves, Bob Doane, Attorney Michael Cronin, Judy Breault, Enok Pederson and other members of the public.
PUBLIC HEARING
ENOK PEDERSEN – 17 LOT SUBDIVISION – BURR ROAD
Attorney Cronin presented on behalf of the applicant. He stated he has been working with the commission & counsel with regard to the review and approval of some of the additional documents that have been discussed. Cronin stated he received a letter from Attorney Cassella today, March 13, 2008 indicating that he had addressed these issues. Cronin stated the concept of the legal documents, which includes the conservation easement, slope maintenance easement, drainage and maintenance easement, and an access and utility easement (common driveway) and determined they are sufficient in form. (Attorney Cassella’s letter and attachments are made part of the record).
Bob Doane, Engineer for the applicant, explained the land agreement between Mr. Carlson and Mr. Pederson. He stated there is an agreement that Mr. Pedersen will purchase a portion of the land from Mr. Carlson and the purpose is to allow Mr. Pedersen to move the roadway from the eastern side to the western side. He stated this issue was primarily with the Inland/Wetlands Commission. Doane further stated as Mr. Pederson buys a portion of Mr. Carlson’s land, Mr. Carlson will retain a couple of acres that will be accessed by the new roadway. Doane stated when the new roadway and driveway is constructed then Mr. Carlson’s existing driveway would be removed.
Doane stated he had no problems with the items included in Mr. Metcalf’s letter to the commission. He also noted he has no issues with the conditions of approval outlined in Attorney Cassella’s letter.
Cronin submitted copies of the four easements for the record that were reviewed by counsel. Cronin also reviewed the issue of the drainage off the southern boundaries of the property.
Steve Ross made a motion to close the public hearing. Chris Kerr seconded the motion. The motion passed unanimously.
AMEND AGENDA
Steve Ross made a motion to add two additional items to the regular meeting; include discussion of the Enok Pederson Subdivision and the Subdivision Regulations. Robert McCarthy seconded the motion. The motion passed unanimously.
Page 2 – Minutes
March 13, 2008
SCHELLENS PROPERTY – REQUEST FOR RELEASE OF BOND
Steve Ross made a motion to table this item in lieu of the items raised in Mr. Metcalf’s letter dated March 7, 2008. Nancy Strohla seconded the motion. The motion passed unanimously.
DISCUSSION ON THE ENOK PEDERSEN SUBDIVISON
Steve Ross stated Attorney Cassella’s letter has outlined the conditions necessary to grant an approval for the subdivision and further noted all the legal documents have been provided. Strohla stated Attorney Cassella raised the issue of the fire pond. Ross stated this concern was addressed in Cassella’s conditions of approval, which were included in his letter to the commission dated March 13, 2008. McCarthy suggested the commission wait until next month to see if the fire issue is resolved. Ross also suggested the applicant submit a bond estimate prior to next months meeting.
DISCUSSION OF THE SUBDIVISION REGULATIONS
Robert Pierson stated he has reviewed the regulations with regard to fire ponds. Pierson read from the current subdivision regulations “when a firewell/firepond or appurtenance thereto is part of a subdivision application, the plans must be submitted to the Fire Department for review and written approval. Evidence of approval shall be submitted to the Commission as part of the subdivision application. The applicant shall identify the person or organization responsible for all maintenance of water supply facilities. All underground water storage tanks shall have a minimum capacity of 20,000 gallons, and their design, location and capacities shall be approved by both the Old Lyme Fire Department and the Fire Marshal’s Office. Such required water sources shall be installed at
the expense of the developer and cost of such shall be included………
Pierson stated when the commission rewrote the regulations the Fire Marshal’s name was suppose to be deleted because the fire protection is the Fire Departments job. He further stated the Fire Marshal’s job is to determine the cause of the fire and to do inspections on buildings. He also noted the capacity of the tank should be 30,000 gallons to maintain our insurance ratings in the town.
Pierson stated he has rewritten the regulation to address the above issues and has forwarded it to counsel for his review. He also reported he has requested a copy of the regulations on disk from CRERPA so he can correct the page numbers in the document so they coincide with the index for the regulations.
READING AND APPROVAL OF THE FEBRUARY MINUTES
Steve Ross made a motion to waive the reading of the minutes and approve them as submitted. Chris Kerr seconded the motion. The motion passed unanimously.
Respectfully submitted,
Kim Groves
Land Use Administrator
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