OLD LYME PLANNING COMMISSION
PUBLIC HEARING AND REGULAR MEETING
DECEMBER 11, 2008
Present were: Chairman Thompson, Vice Chair Robert McCarthy, Connie Kastelowitz, Chris Kerr, Alternate Sean Mulligan seated for Steve Ross and Alternate Nancy Strohla. Diana Atwood Johnson and Kim Groves were also present.
PUBLIC HEARING
RESUBDIVISION- H. MICHAEL SCHAEFER ET AL – 136 NECK ROAD
Thompson noted for the record due to the fact that the applicant failed to provide proper notice to the adjacent property owners as required in the Old Lyme Subdivision Regulations the public hearing will be postponed until the January meeting.
Chris Kerr made a motion to table any activity on this application until the January meeting. Robert McCarthy seconded the motion. The motion passed unanimously.
LOT LINE MODIFICATION – ERNST J. SCHAEFER – 136 NECK ROAD
Kim Groves reported that the commission has received correspondence from both Attorney Ed Cassella and Ann Brown, Zoning Enforcement Officer, indicating that the applicant still needed to provide further information on the application as well as address the concerns raised in their letters to the commission. Groves also noted for the record that Tom Metcalf, Consulting Engineer, has not yet completed his review of the proposed lot line modification.
Harold Thompson made a motion to table any action on the application until the January meeting. Connie Kastelowitz seconded the motion. The motion passed unanimously.
DISCUSSION OF OPEN SPACE ISSUES
Diana Atwood Johnson, Chairman of the Open Space Committee, was present to bring the commission up to date on some of the items her committee has been working on since the last joint meeting between the two commissions. Johnson reported to the commission that she was thrilled to have Attorney Ed Cassella on board to advise the open space committee and help them with their work. She noted there has been a lot of development activity in Old Lyme in the last couple of years and therefore there is a long list of items
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to be accomplished relating to both open space and conservation easements. Johnson stated she wanted to talk to the commission specifically about conservation easements. She noted she met with Attorney Cassella about the actual conservation easement document. She noted the commission has used many different easements in the past, but she has now taken a mix of those many easements and blended them to create a new document which will first be presented to the Open Space Committee and then it will be forwarded to this commission. She noted she felt this was an excellent document as a result of the experiences they have had over the last couple of years.
Johnson stated that they tried to create a document that over decades of homeownership it will be clear that this is a conservation easement and what is allowed to happen in the easement area. She stated the goal in doing this was to make the enforcement and monitoring of the area manageable.
She further noted that as part of this project she has spent the last two years inventorying the existing easements in town and there about 35 conservation easements that have been put in place since the late 80’s. She noted that all of these conservation easements are in favor of the town, which means the town has an enforcement obligation. She distributed a spreadsheet that lists all the easements, along with the volume and page, the amount of land and noted a filing system has been established in the Land Use office for each one of these easements. She noted the earlier easements did not state that the town had a right of enforcement it was just presumed according to Attorney Cassella. The more recent documents state that the town has the responsibility to visit the properties on a regular
basis and if they determine that there is some error, there will now be a procedure in place to correct the situation. She noted currently based on the more recent subdivisions approved the town will have approximately 70 conservation easements for which the town will be responsible. She stated there is also another whole set of easements that were homeowners’ association easements, and it is unclear at this point what the actual responsibilities might be but noted that will be pursued at the next level.
Johnson reported that she has now drafted and enforcement policy which states that the Planning Commission delegates its responsibility to the Open Space Committee. Johnson stated she discussed this with Attorney Cassella and he stated that was fine unless there is an enforcement issue then it would come back to this commission because you were the original permitting authority. Therefore, the Planning Commission would have to approve the enforcement action on that parcel.
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Thompson asked how the people would be notified about their easements and responsibilities of those easements. Johnson said this was still being discussed, but possibly a letter would be sent to the people who own properties with easements making them aware and inform them that the town has a right to inspect that easement on a regular basis and we would like to meet with you and familiarize you with the document and for our own records take some pictures and create a file. Johnson stated in the process if the committee determined there was an encroachment issues there is an enforcement policy that has been put together to deal with this issue. Johnson discussed the policy and procedures with the commission.
Thompson suggested that the committee try to put the word out that this document has been created along with an enforcement policy so the public is aware. Johnson agreed and concurred that the Selectmen should become involved in the process. Johnson also noted that Attorney Cassella would be attending the Planning Commission’s January meeting so the commission has the opportunity to both comment and ask questions and then it will be forwarded to the town for its adoption.
Johnson also stressed the importance of requiring the developers to clearly mark these easements so the citizens can easily know what is open to the public and what is private land. She noted the goal is to make it as easy as possible for landowners to understand so therefore when subdivisions are approved we need to take this into consideration.
The suggestion was made that this information be provided in one of the newsletters to the residents of the town informing them of this document.
Johnson also discussed she was in the process of outlining and defining the role of the Open Space Committee because it is an important committee because is responsible for a large amount of land. She noted as part of this process they would be seeking funding from the Board of Finance because the committee was partially overlooked during the budgeting process.
Johnson also asked the commission what they thought the Open Space Committee’s role would be in the rewriting process of the Town’s Plan of Conservation and Development. She noted she included money in her budget to assist in this process. It was also discussed that the current plan was excellent and perhaps much rewriting was not going to be needed. Johnson discussed the legislation – Public Act 07-229 – that states that it “makes municipalities potentially ineligible for discretionary state funding effective July 2010 if they are not in compliance with the 10 year update of the plan.”
Thompson stated he did not feel the plan needed much rewriting, perhaps some statistical updates. Johnson again offered to provide any assistance to the commission that was wanted and/or needed.
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SJE DEVELOPMENT – FLAT ROCK HILL ROAD - OPEN SPACE ISSUE
Thompson noted that a FEE IN LIEU OF OPEN SPACE LIEN document was generated by Attorney Brendan McKeever based on the fact that the Old Lyme Planning Commission approved SJE Development, LLC’s three lot subdivision on December 8, 2005, accepting a fee in lieu of open space. The town has not received payment for that fee. Attorney McKeever noted that the town did not have a standard form for this process, therefore, he created a form for the commission to review and authorize for signature in order for the lien to be filed on the land records. .
Chris Kerr made a motion to approve the document and file the lien on the SJE Development property. Sean Mulligan seconded the motion. The motion passed unanimously.
BOND RELEASE – SOUTH LYME ESTATES – SHORE ROAD
Kim Groves reported that the commission received a document from Tom Metcalf dated December 8, 2008 recommending that the site restoration bond in the amount of $13,016.00 and a bond in the amount of $3,850.00 for erosion and sedimentation not be released until the items outlined in his letter are addressed.
Harold Thompson made a motion to deny the release of the bond. Connie Kastelowitz seconded the motion. The motion passed unanimously.
ELECTION OF OFFICERS
Chris Kerr made a motion to reinstate the existing slate of officers. Sean Mulligan seconded the motion. The motion passed unanimously.
Nancy Strohla will be seated for the reading and approval of the minutes for Chris Kerr. Kerr was not present at the last meeting.
READING AND APPROVAL OF THE NOVEMBER MINUTES
Nancy Strohla made a motion to waive the reading of the minutes and approve the minutes as submitted. Connie Kastelowitz seconded the motion. The motion passed unanimously.
Respectfully submitted,
Kim Groves
Land Use Administrator
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