MINUTES
OLD LYME PLANNING COMMISSON
REGULAR MEETING
JANUARY 14, 2010
PRESENT WERE: Harold Thompson, Chris Kerr, and Steve Ross.
Thompson called the meeting to order at 7:30 p.m.
REQUEST FOR BOND RELEASE SOUTH LYME ESTATES.
Thompson stated the commission received a letter dated January 14, 2010 from Tom Metcalf outlining some specific issues that still need to be addressed. Thompson stated an as-built plan needed to be submitted depicting the location of the shared driveway pavement/travel way as constructed in relation to the driveway right of way. He also noted that the developer should provide documentation that the 1,535 sq. ft. of land along Shore Road was conveyed to the Connecticut Department of Transportation. Thompson also noted that Metcalf stated in his letter that he was not able to verify site grading along the driveway shoulder due to the snow cover.
John Brasile stated he faxed the conveyance paperwork to the Land Use office today. Groves confirmed receipt and noted she had forwarded the language to Attorney Cassella for his review. Brasile also noted he had submitted a letter dated December 8, 2009 to the commission from the State of Connecticut indicating they had inspected the grading prior to the snowfall. Brasile stated that the road was constructed exactly as it was proposed on the plan Brasile also submitted a letter dated January 14, 2009 from Kevin Kenny, surveyor for the project, verifying the shared driveway was staked by this office for horizontal alignment and proposed design grade, prior to commencement of construction. Ross asked if the plan had a note on it indicating it was an as-built. Brasile stated it did.
Thompson stated it would be his recommendation to approve the release of the bond pending approval by Attorney Cassella and Tom Metcalf.
Harold Thompson made a motion to approve the release of the bond subject to approval by the town counsel and town engineer. Chris Kerr seconded the motion. The motion passed unanimously.
Page 2 – Minutes
January 14, 2010
LOT LINE MODIFICATION – MARSHA VASILOFF ABRAHAMSON – 4-2 CRAIG ROAD.
Marsha Abrahamson was present and explained she was before the commission in 2007 for a Lot Line Modification. She noted the modification was approved at that time. She further stated however, Walter Kent, Tax Assessor, recently brought it to her attention that the amount of land required to keep the property in the forest land category was 25 acres and she only had 24.84 acres. Abrahamson submitted a revised map modifying the property lines giving her a total of 25.05 acres to meet the requirement. The commission reviewed the map. Thompson stated the commission received a letter from both the zoning and health office indicating the proposed modification complies with the regulations.
Steve Ross made a motion to approve the Lot Line Modification at 4-2 Craig Road. Chris Kerr seconded the motion. The motion passed unanimously.
REQUEST FOR BOND RELEASE – WOODCREST ESTATES –WOODCREST DRIVE.
Thompson stated the commission received a request for a partial bond release for the Wood Crest Estates subdivision. Thompson stated the commission received a letter from Tom Metcalf, dated January 13, 2010. He stated the letter indicates the site has been sufficiently stabilized and the erosion and sediment control bond can be released. Thompson stated the letter noted that the metal beam guard rails were field painted after the installation and therefore the town will need to make a determination as to the future responsibility for the maintenance of this surface. Thompson also noted that portions of the entrance stonewall which includes signage encroaches onto street lines. Therefore he said similar to the guard rails the town needs to determine who is responsible for the
maintenance, replacement, or liability of these structures.
Steve Ross stated that he felt the issue of the structures should be clearly defined in the deed because he felt it would be more visible in a title search than on a mylar where it could easily overlooked.
Ross asked who will be responsible for the structures when all the lots are sold. Kenny suggested drafting paperwork indicating that the town is not responsible for the maintenance of the guardrails or the structures. Ross stated that may work in the present but 15 years from now the properties will have changed hands and the new property owners will be asking the town to repair these items. Thompson suggested that the commission ask Attorney Cassella what he felt would be the best way to handle this situation. Ross stated he did not have any problem with the town assuming the responsibility for the two stone structures at the entrance of the roadway. He stated he
Page 3 – Minutes
January 14, 2010
felt it was part of the infrastructure. The developer stated he had no problem holding out $7,000 which was the cost of the structures until this issue is resolved but would like to get the road bond released. Kevin Kenny stated the road pillars are partially on the right-of-way that will be deeded to the town at a later date and a portion is on Lot 8 on one side and Lot 2 on the other side. Kenny stated that neither of those lots has been sold yet and he would have no problem putting a condition in their deeds. Kerr asked if the developer would really want to burden themselves. Kenny stated this would clarify the issue for the town and if the property owner decides not to repair or maintain the structures he is under no obligation to do so.
Kerr stated he felt that might be a negative factor for a potential buyer. Kenny stated he felt that was a business decision and further stated that the pillars are well constructed and would not have any problems for the next twenty years. Thompson stated he would like to discuss the issue with counsel.
Thompson stated that Metcalf’s letter recommends the town not reduce the bond amount below $80,227.00. Ross asked for the total bond amount. Thompson stated it was approximately is $167,000.00. Ross asked if the outstanding fees had been paid. Groves stated there is one bill currently outstanding from Metcalf but noted there will be some additional bills for his most recent reviews.
Widlitz questioned the recommendation by Tom Metcalf. . Ross asked if the initials cost of the road was $660,000.00. Kenny stated that was correct. He stated it was split into Phases. He stated Phase A was Lots 1 through 4 which we don’t have the right to market. Kenny stated the only remaining work is the painting of the stop bar. Widlitz stated he felt that $80,000.00 for a stop bar and monuments was very excessive. The commission reviewed Section 3.19 of the Subdivision Regulations. Kenny noted that the $660,000 included other work such as the two private driveways. Kenny stated the 10% should only apply to the cost of the actual town road which will be accepted to the town. He noted the driveways do not require an as-built survey and are not being
accepted by the town. Thompson suggested that tonight the commission release the amount as suggested and then discuss with Metcalf the additional amounts and if appropriate hold a Special Meeting to release the additional funds. Kenny reviewed some of the initial bond estimate figures with the commission.
Steve Ross made a motion to reduce the bond to $80,000.00 and then after review and discussion with Tom Metcalf consider a second release based upon revised figures. Chris Kerr seconded the motion. The motion passed unanimously.
Kevin Kenny also asked if the interest could be released. Groves indicated she would check with the Finance Office to see if that could be done.
Page 4 – Minutes
January 14, 2010
READING AND APPROVAL OF THE DECEMBER 10, 2009 MINUTES.
Steve Ross made a motion to waive the reading and approve the minutes. Chris Kerr seconded the motion. The motion passed unanimously.
READING AND APPROVAL OF THE SPECIAL MEETING MINUTES DATED DECEMBER 17, 2009.
Chris Kerr made a motion to approve the minutes as submitted. Harold Thompson seconded the motion. The motion passed unanimously.
Sincerely,
Harold Thompson
Chairman
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