OLD LYME PLANNING COMMISSION
REGULAR MEETING
JUNE 12, 2008
PRESENT WERE: Chairman Harold Thompson, Robert McCarthy, Steve Ross, Connie Kastelowitz, Chris Kerr and Alternates Robert Pierson and Nancy Strohola.
Chairman Thompson called the meeting to order at 7:30 p.m.
COMPLETION OF IMPROVEMENTS – VILLAGE ESTATES SUBDIVISON
Thompson reported that a numbers of residents in the Village Estates Subdivision are concerned about the improvements that have not yet been completed in the subdivision. Thompson stated he had discussed some of these outstanding issues with Thomas E. Metcalf, Consulting Engineer for the Town of Old Lyme, who stated that possibly some of these improvements that have not been completed might involve health and safety issues. Groves stated she had contacted Attorney Mattern with regard to this matter to see if it would be possible to use some of the bond money prior to the expiration of the statutory period allowed to complete subdivision improvements should those outstanding issues be determined to be safety related.
Thompson also noted that the neighbors have made several attempts to contact Mr. DiPinto but have been unsuccessful. He further noted that the neighbors have stated that Mr. DiPinto may have moved from the area.
The commission discussed some of the outstanding issues such as the guardrails, fencing around the pond and drainage concerns. Groves noted the subdivision roadway was built to town standards and the property owners in that subdivision are not being provided the town services because the road has not been accepted as a town roadway by the Town of Old Lyme.
Steve Ross made a motion to send a registered letter to the developer’s last known address requesting that he complete the improvements within 45 days and noted in the letter that if these improvements are not completed the bond money will be utilized by the commission to complete the outstanding items.
DISCUSSION:
Thompson stated he was unclear as to whether the commission has the authority to act in that manner. Thompson further stated he would like to wait for advice from counsel on how to proceed in this matter.
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June 10, 2008
Kerr stated the commission needs to be sure exactly what is outstanding and be sure it is not a situation between the homeowners and the developer.
Thompson stated the commission also needed to receive further direction from Mr. Metcalf on the extent and cost of the items.
Ross withdrew the motion.
Pierson stated perhaps the commission should send a letter requesting the developer to contact the commission about these issues and make the developer aware that the commission is possibly seeking approval to complete the improvements with the bond money. Pierson stated this would provide the developer an opportunity to tell us why the improvements have not been completed.
Ross stated contact with the developer would at least initiate negotiations between the commission and the developer.
Ross made a motion to send a letter to the developer (last know address) indicating that the commission has been contacted by the homeowners in the development regarding uncompleted portions of the project and would like to know if he plans on completing them or if he would like the commission to use the bond money to have the improvements completed in the subdivision. We request a response within 45 days. Kerr seconded the motion. The motion passed unanimously.
BOND ESTIMATE – ENOK PEDERSEN SUBDIVISON
Steve Ross recused himself from this agenda item. Robert Pierson was seated for Mr. Ross.
Thompson reported the commission has received a letter from Thomas E. Metcalf, dated June 11, 2008 stating he has spoke with the applicant, Enok Pedersen regarding bonding options for the project. Thompson stated since that letter Mr. Metcalf stated today that he has not yet established the amount of the bond but stated the commission could approve the bond amount contingent upon review by him. Thompson stated this would allow the applicant to proceed with filing the mylars and legal documents without waiting to come back to the commission next month.
Kerr made a motion to approve the bond amount being set by Mr. Metcalf. Robert Pierson seconded the motion. The motion passed unanimously.
Steve Ross was reseated.
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June 10, 2008
TALCOTT FARM BOND RELEASE
Thompson stated that both the applicant and counsel for the applicant have requested that the interest that has accrued on the Talcott bond be released. Thompson noted at the last meeting Tom Metcalf authorized the release of 25% percent of the bond and the town to remain holding 75%. Therefore, the town released approximately $6,000.00 to Mr. Talcott and held $18,250.00. Thompson stated that Attorney Cassella has written a letter to the commission after discussing the interest release with Mr. Metcalf and has authorized the commission to release any interest on the bond above the amount of $18,250.00, which will provide sufficient security to the town.
Steve Ross made a motion to release any funds in excess of $18,250.00. Robert McCarthy seconded the motion. The motion passed unanimously.
CODE OF ETHICS
The commission reviewed and authorized receipt of the Code of Ethics. Kim Groves agreed to forward the signature pages to the town clerk.
LOT LINE REVISION – SHORT HILLS PROPERTIES, LLC – SHORT HILLS ROAD
Bob Pierson and Chris Kerr recused themselves from this agenda item. Nancy Strohla will be seated for Chris Kerr.
Harold Thompson made a motion to receive the application. Robert McCarthy seconded the application. The motion passed unanimously.
SUBDIVISION – SHORT HILLS PROPERTIES, LLC – SHORT HILLS ROAD
Bob Pierson and Chris Kerr recused themselves from this agenda item. Nancy Strohla will be seated for Chris Kerr.
Harold Thompson made a motion to receive the application and set the public hearing for July. Robert McCarthy seconded the application. The motion passed unanimously.
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June 12, 2008
LOT LINE MODIFICATION – BRIAR HILL SUBDIVISION – LOTS 18 & 19
Robert Pierson presented the proposed lot line revision. Pierson stated it is an exchange of 684 square feet between Lots 18 and Lot 19. Pierson further stated the exchange is taking place because of the proposed addition on Lot 18 in the Briar Hill Subdivision which needs an additional 10 feet to comply with the setbacks in that zone. Pierson also noted that Tom Metcalf and Ron Rose have both reviewed and approved the plan.
Steve Ross made a motion to approve the application. Chris Kerr seconded the motion. The motion passed unanimously.
READING AND APPROVAL OF THE MAY MINUTES
Steve Ross made a motion to waive the reading and approve the minutes as submitted. Chris Kerr seconded the motion. The motion passed unanimously.
Respectfully submitted,
Kim Groves
Land Use Administrator
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