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Planning Commission Minutes 04/10/2008






OLD LYME PLANNING COMMISSION
REGULAR MEETING
APRIL 10, 2008


Present were:  Harold Thompson, Chris Kerr, Steve Ross, Rob McCarthy, Connie Kastelowitz and Alternate Bob Pierson.  Also present were:  Bob Doane, Enok Pedersen, and Kim Groves.

The Chairman called the meeting to order at 7:35 p.m.

DECISION – ENOK PEDERSEN – 17 LOT SUBDIVISION – BURR ROAD

Thompson noted that the subdivision will be incorporating a fire pond in lieu of the fire tank and has received approval for this modification from the Inland/Wetlands Commission.
 
Thompson also noted a bond estimated has been submitted and forwarded to Tom Metcalf for his review.

Harold Thompson made a motion to approve the Enok Pedersen subdivision with the following conditions:

The approval is conditioned upon satisfactory execution and, if applicable, filing of all legal documents, including but not limited to warranty deeds for the opens space parcels and roads, conservation easements, slope maintenance easements, drainage and maintenance easements and access and utility easements.

The approval is conditioned upon execution and filing of the legal documents necessary for the resolution of outstanding concerns regarding the Carlson property, including Carlson’s release of the existing easement and Carlson’s execution of the slope maintenance agreement.

The approval is conditioned upon the applicant paying any and all Town of Old Lyme assessed property taxes which have accrued or will accrue during his ownership of the open space parcels and the road parcels as well as the engineering review fees for the project.

The applicant shall furnish sufficient security in the form of a bond, in an amount that is acceptable to the Commission and in a form acceptable to the Commission’s attorney to guarantee satisfactory completion of all work shown on the plan.

Chris Kerr seconded the motion.  The motion passed unanimously.

PLAN OF CONSERVATION AND DEVELOPMENT

Harold Thompson stated he learned through unofficial discussions a request was submitted to the Board of Finance for funds to perform a survey that would be used to aid in the creation of the 2010 Plan of Conservation and Development for the Town of Old Lyme.  Thompson stated he had spoken with Ellie Czarnowski, Chairperson of the Conservation Commission, about the fact that the Plan of Conservation and


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April 10, 2008


Development is something that is under the jurisdiction of the Planning Commission.  She stated it was not her intent of usurping that responsibility but they felt a survey should be part of the process and therefore were requesting funds to conduct that survey.   Thompson stated that it was not their intent to take away any responsibility from the Planning Commission but to come up with some meaningful information to be used in the plan from the survey.  

Pierson stated the Planning Commission conducted a survey in prior years, which was a very good document that should be revisited.  He noted this questionnaire had a great response from the property owners in town.  Pierson stated he had concerns about a new document being created because he felt the questionnaire that was used in the past was very successful.  The commission agreed to get a copy of the old questionnaire.

Ross asked why the conservation commission would need to do a questionnaire.  He stated the Planning Commission is responsible for the Plan of Conservation and Development.  Ross stated unless this commission wishes to delegate its responsibility for the questionnaire he would object to town funds being used to do something that falls outside the responsibility of the other commission.  He stated if they wish to provide some insight or recommendations or comments that would be fine, but if the Planning Commission has a survey that has been successful in the past and can just be updated there is no reason to “reinvent the wheel”.  Ross stated he questioned the comment “that this does not usurp the responsibility of the Planning Commission” because to him it seems that it is clearly working outside of the Planning Commission and not in concert with us.

Pierson stated he felt they worded it so they could say they weren’t usurping us by stating they were assisting because this commission is responsible for the Plan of Development but it does not say anything about a survey.  He stated the Planning Commission did a survey 10 years ago because we felt it was necessary to build the Plan of Conservation and Development.  

Ross stated the approach he felt would be more appropriate would be for the Planning Commission to ask the Conservation Commission for their assistance if we felt as a commission it was needed.  Ross stated he objected to that commission creating a new questionnaire and using town funds to do it.

Thompson stated his initial reason for contacting Ellie Czarnowski was to find out what their intentions were and he was assured that their intentions were honorable.  

Pierson stated that Ann Brown is in charge of the Land Use Office Budget and she knows that the Planning Commission does the Plan of Conservation and Development but yet she brought this before the Board of Finance without notifying this commission.  

The commission agreed to invite Ellie Czarnowski to the next Planning Commission meeting.

FOUR PONDS DEVELOPMENT

Mr. Thompson stated the commission received a letter from Gary Hendren dated April 10, 2008 requesting an additional 90 day extension for their development.

Steve Ross made a motion to grant a 90 day extension for the filing of the mylars.  Connie Kastelowitz seconded the motion.  The motion passed unanimously.





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April 10, 2008


PROPOSED LANGUAGE CHANGES TO SECTION 5.11 OF THE SUBDIVISION REGULATIONS

The commission reviewed the proposed changes to the regulation.  Pierson stated he is still waiting for Tom Metcalf to review and make any necessary changes to the regulation.  

Kerr asked how often tanks would need to be inspected.  Pierson stated he was not sure.  Kerr stated he was told that it is up to the Fire Marshal to inspect them and/or the town’s responsibility not the Fire Department.  Kerr stated that if this was the case then maybe the Fire Marshal should be included in the proposed language.  Pierson stated he disagreed because he felt it has created many conflicts over the past few years.  Discussion ensued about inspections of tanks and the responsibility of the long-term maintenance and replacement of the tanks.  

The next Planning Commission Workshop  with the Fire Department and Inland/Wetlands Commission will be held on April 14, 2008 at 5:00 p.m.

READING AND APPROVAL OF THE MARCH MINUTES

Steve Ross made a motion to waive the reading and approve the minutes of March 13, 2008 as submitted.  Connie Kastelowitz seconded the motion.  The motion passed unanimously.

Respectfully submitted,



Kim Groves
Land Use Administrator