OLD LYME PLANNING COMMISSION
PUBLIC HEARING AND REGULAR MEETING
THURSDAY, JULY 8, 2010
PRESENT WERE: Chairman Harold Thompson, Steve Ross, and Alternate Don Willis seated for Connie Kastelowitz and Alternate Stephen Martino seated for Robert McCarthy.
PUBLIC HEARING
RICHARD AND DONNA BATTALINO – 160 MILE CREEK ROAD
Tony Hendriks, agent for the applicant, granted the Planning Commission an extension to reschedule and hold the public hearing in September due to improper notification by the applicant.
REGULAR MEETING
LOT LINE MODIFICATION – DABRA A. LACY – 34 & 35 SHORE ACRES ROAD
Tony Hendriks, agent for the applicant, granted the Planning Commission an extension until the September meeting. It was noted that revised maps were submitted to the Land Use Office today.
THE OAKS SUBDIVISION – REQUEST FOR APPROVAL OF BOND ESTIMATE. REQUEST FOR EXTENSION OF FILING THE MYLARS.
Thompson stated the commission received a letter dated June 21, 2010 from Thomas E. Metcalf. He noted in that review Mr. Metcalf outlined different options the commission had in terms of setting the bond amount. Thompson reviewed the options on Page 3 of the letter with the commission which included (a) Completion Bond (b) Restoration Bond (c) Erosion Control Bond (d) Inspection Fee. Thompson further stated that if the applicant opts to post a Restoration Bond in lieu of a Completion Bond, this bond amount could be set at 25% of the Completion Bond.
Steve Ross noted in reviewing Option C it appears the figures are reversed. Thompson also noted the Inspection Fees were reversed as well. The commission noted these two errors on Page 3.
Page 2 – Minutes
OLPC – July 8, 2010
Marty Smith, one of the owners of Waterhouse Development which owns Short Hill Properties stated they prepared the bond estimate based on three strong estimates they received for the construction of Great Oaks Road. He stated he would like to suggest that because of the economy construction costs have been very stable and noted it was not a difficult road to build and therefore requested the bond amount be set as low as possible.
Thompson stated he was comfortable with the amount based upon the 10% contingency which would set the amount at $101,750.00 based on Mr. Metcalf’s letter. He also noted this was not a complex road and therefore was comfortable and did not feel the higher value was necessary. He noted the Soil and Erosion bond amount was straight forward.
Steve Ross stated he was comfortable with the 10% fee and felt there was no reason to include the compound. He also concurred the economic client was such that the bidding for contracting work was very competitive. Willis and Martino concurred.
Steve Ross made a motion that:
1. The Commission agrees to extend the deadline to file the approved plans for
ninety (90) days until October 23, 2010.
2. Prior to filing the plans, the Applicant must satisfactorily meet all of the
conditions of the Planning Commission Approval dated November 13, 2008,
except for the improvements and in Condition 5 (Completion of the Fire
Protection Storage System) and 6 (Completion of the proposed subdivision
streets), which improvements must either be completed or be bonded as part of
the Completion Bond prior to converting the Restoration Bond to a Completion
Bond.
3. Prior to filing the plans, the Applicant must post two cash bonds (1) a Restoration
Bond pursuant to Section 3.11 (B) in the amount of $101,750.00 and (2) a Soil
and Sedimentation Control Bond in the amount of $14,625.00 as specified in the
bond estimate review dated June 21, 2010 prepared by Thomas E. Metcalf,
P.E.L.S., town engineer.
4. Prior to filing the plans, the Applicant shall file a notice on the land records, in a
form acceptable to the Commission’s counsel, which provides that “The applicant
has posted a Restoration Bond – No lots shall be sold or offered for sale until the
Commission receives adequate security in the form of a Completion Bond and
authorizes the sale or transfer of lots.”
Stephen Martino seconded the motion. The motion passed unanimously.
Page 3 – Minutes
OLPC – July 8, 2010
WOOD CREST ESTATES – REQUEST FOR RECOMMENDATION OF ACCEPTANCE OF WOOD CREST DRIVE
Groves noted that commission received comments from both Attorney Cassella dated July 8, 2010 and Tom Metcalf dated July 3, 2010.
Thompson stated the items outlined in Attorney Cassella’s memo are pretty straight forward. Thompson reviewed these items.
Gary Widlitz, Partner stated that Item 1 (a) addressed the northerly sight line corridor and indicated the vegetation should be cleared and removed as necessary. Widlitz stated he felt that was a minimal job and would take care of it. Widlitz asked if Item (b) which indicated that the chamber have a maintenance cleaning 60 days prior to the acceptance was their responsibility. Thompson indicated that was correct. Widlitz stated he would retain the same company who cleaned the system previously for another cleaning. He also noted he would have the rebar cut.
Wildlitz noted they have also made application to the Connecticut Department of Transportation and are just waiting to hear a response.
Kevin Kenny stated that Item 1a was inspected and approved in 2006 and at that time made no requests for any work to the north. He also noted that he assumed the state will make a final inspection and what is being requested is within a state right of way. He further stated when he visited the site two weeks ago he didn’t notice any vegetation. Wildlitz stated he presently has a landscaper working at the site and therefore would ask him to clear the area.
Kenny stated that regarding Attorney Cassella’s comment #3 he noted that the deeds have already been approved. He stated during the final process with Attorney Mattern in order to file the Record Subdivision all of these documents were approved. Cassella also noted that the commission will need a Certificate of Title indicating that the road is free and clear or that necessary liens are subordinate.
Kenny stated he would grant the town a waiver of any responsibility of the painted guardrails and entrance walls. Ross asked who was going to own the walls and guardrail. Cassella stated the town will own at least part of them based upon the as-built. Cassella suggested a meeting be set up with the First Selectmen to have a discussion regarding this issue. Cassella stated he would coordinate a meeting with Tim Griswold who is aware of the situation and wants to get a resolution to this issue.
Page 4 – Minutes
OLPC – July 8, 2010
Steve Ross stated his personal feelings as a commission member is that he does not have a problem with the town owning the stone entrance walls. He stated he felt the maintenance was minimal if any and if anything happens to them it is usually the responsibility of the person who damaged them to repair them. He stated the guardrails are another issue because the town does not have a lot of guardrails that require painting so this issue should be given the appropriate attention. He noted there was plenty of precedents for stonewalls in town. He noted there are painted guardrails on Grassy Hill Road and suggested the town find out who has been responsible for their maintenance.
Thompson again reviewed the items outlined in Attorney Cassella’s letter with the applicant. Ross stated the commission could move ahead with this making those items conditional.
Steve Ross stated his suggestion would be that the maintenance bond be 10% of $408,910.00 cost not that cost plus 30% (3 year contingency). Therefore, he felt the bond should be approximately $40,900.00. Thompson stated that would be consistent with the commission’s prior actions. Groves stated that was pretty close to the amount being currently held by the town.
Steve Ross made a motion to move ahead with the process for accepting Wood Crest Drive as a town road recommended to the Selectmen contingent upon the four conditions listed in Attorney Cassella’s letter of July 8, 2010 and setting the maintenance bond amount of $40,900.00. Don Willis seconded the motion. The motion passed unanimously.
Cassella suggested a meeting date with the Selectmen of Monday, August 2, 2010.
ORIGINAL DIVISION – ALEX AND PATRICE ROMEO - BUTTONBALL ROAD
Bob Doane stated he was proposing an original division of 12 acres at 62 Buttonball Road. He stated the property has been a 12 acre parcel prior to 1936. He stated the property was recently conveyed to Alex and Patrice Romeo from Mr. Romeo and they would eventually like to construct a house on the site. Mr. Doane reviewed the plans with the commission. He stated the property contains an existing house and the other parcel contains a garage with an apartment above it. He noted all the setbacks and coverage requirements have been delineated on the plan and are in compliance with the regulations set forth by the Town of Old Lyme. He stated there are some wetlands on each of the parcels as well as tidal wetlands.
Ross asked if it would be a shared driveway. Doane indicated that was correct. Doane noted he has provided both Attorney Cassella and Tom Metcalf with copies of the plans.
Page 5 – Minutes
OLPC – July 8, 2010
Groves noted due to the fact that the application was submitted today none of the reviewing agencies have had an opportunity to comment on the plans. Cassella asked if
the proposal would need a wetland review. Doane stated that no activity is currently proposed.
Doane also noted that the properties due currently share a well.
Thompson stated that the commission has not yet received any reviews but noted that if the reviews were completed this item could be added to the Special Meeting agenda when the commission meets to discuss the Plan of Development.
READING AND APPROVAL OF THE REGULAR MEETING MINUTES DATED JUNE 10, 2010
Don Willis made a motion to waive the reading of the minutes and approve them as submitted. Stephen Martino seconded the motion. The motion passed unanimously.
ANY OTHER BUSINESS
PLAN OF DEVELOPMENT
The commission agreed to set a meeting for Monday, August 9, 2010 at 4:30 p.m. to discuss the review comments received from the various commissions on the rewrite of the Plan of Development.
COMMISSION MEMBERSHIP
The commission noted that Connie Kastelowitz has been unable to attend meetings due to health reasons and Chairman Thompson agreed to contact her to discuss the matter.
Respectfully submitted,
Kim Groves
Land Use Administrator
| 
