OLD LYME PLANNING COMMISSION
PUBLIC HEARING AND REGULAR MEETING
OCTOBER 14, 2010
PRESENT WERE: Robert McCarthy, Chris Kerr, Steven Ross, and Alternates Stephen Martino, Don Willis and Sean Mulligan.
Vice Chairman Robert McCarthy seated Stephen Martino for Harold Thompson and Don Willis for Connie Kastelowitz.
PUBLIC HEARING
Resubdivision – H. Michael Schaefer, et al, 136 Neck Road
Tony Hendriks, Registered Land Surveyor, was present to discuss the application for the Schaeffer Estate. Hendriks noted for the record that this Resubdivision was approved previously by this commission, however the mylars were not recorded and the time to do so has expired. He stated, therefore he is before the commission once again requesting an approval for the identical application. He further stated that Tom Metcalf has reviewed the latest plans and states in his letter of July 28, 2010 that the plan currently being presented is the same as was submitted for the previous subdivision application.
Hendriks noted that Mr. Metcalf noted the issue with regard to the rights to grade have been included on Lot 136-2 to facilitate driveway construction on Lot 136-2 has been addressed. Hendriks stated that Metcalf also stated that the applicant needed to address the Open Space Requirements as reference in Section 5.10 of the Subdivision Regulations. Hendriks submitted a letter into the record which was also part of the last application which stated that the open space requirements shall not apply if the transfer of all land in a subdivision of less than five parcels is to a family member for no consideration. He also noted that Ann Brown, Zoning Enforcement Officer has inspected the property and stated the current dwelling is a single family dwelling.
Ross asked what the commission had on record with regard to the waiver of open space. Robert McCarthy stated that Mr. Hendriks submitted a letter which is the same letter that was submitted for the previous application which indicates the property will be transferred amongst family members.
Groves also noted that Attorney Cassella requested that all legal documents be approved by counsel as well as the Declaration which shall be recorded on the land records in a form that is approved by the commission.
Steven Ross made a motion to close the public hearing. Stephen Martino seconded the motion. The motion passed unanimously.
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REGULAR MEETING
71 Exchange Corporation – Request for Bond Release and Recommendation of acceptance of town road.
McCarthy noted that the commission received a letter from Attorney Cassella dated September 9, 2010 which outlined a few outstanding issues that needed to be resolved. McCarthy stated the commission had not received any further correspondence since this time.
Steve Ross made a motion to continue this item to the next regular meeting. Chris Kerr seconded the motion. The motion passed unanimously.
The Oaks Subdivision – Short Hills Road – Request for 90 day extension for filing the mylars and posting the bond.
Robert McCarthy and Chris Kerr recused themselves from this application. McCarthy appointed Steven Ross as acting chair for this agenda item.
Steve Ross made a motion to approve the request for a 90 day extension for filing of the mylars and posting of the bond for the Oaks Subdivision. Don Willis seconded the motion. The motion passed unanimously.
Steve Ross handed the chair back to McCarthy.
Original Division – Black Hall Woods, LLC – 21 Buttonball Road
Dick Gates, Land Surveyor presented the application on behalf of the Black Hall Woods, LLC. Gates noted that the original plans submitted to the commission showed the MABL square going into a wetland area. He stated the plans have been revised to correct this issue.
He stated the parcel consists of 12.5 acres and is located on Buttonball Road adjacent to the Black Hall Club. He stated the applicant is proposing to divide the parcel into two parcels He noted one was shown as Parcel A which is 2.37 acres and the remaining land is a 10 acre parcel known as Parcel B. Gates stated an A-2 survey has been done of the perimeter, two foot contour intervals of the entire parcel have been completed as well as extensive testing done by Mr. Metcalf. He also noted that Rich Snarski has flagged the wetlands.
Chris Kerr noted that one of the abutters shown on the map was incorrect. Gates concurred and agreed to revise the maps. Gates also noted that there is no current development planned for the site.
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OLPC – 10-14-2010
McCarthy asked if the application had received health approval. Ross noted that there was a letter from Ron Rose dated October 14, 2010 which states that the above named plan complies with the Connecticut Public Health Code.
Ross also noted that there was a letter dated October 14, 2010 from Attorney Cassella indicating that this proposal is eligible for an Original Division.
McCarthy asked if the applicant had addressed the comments from the reviewing engineer, Joe Wren. Gates stated that was correct.
Steve Ross made a motion to approve the Original Division for Black Hall Woods, LLC. Chris Kerr seconded the motion. The motion passed unanimously.
Steve Ross made a motion to amend the agenda to add the H. Michael Schaeffer Resubdivision as Item 4 thereby changing Item 4 to Item 5 and Item 5 to Item 6. Chris Kerr seconded the motion. The motion passed unanimously.
DISCUSSION – POSSIBLE DECISION – Resubdivison – H. Michael Schaefer et al, - 136 Neck Road.
Steve Ross made a motion to approve the Resubdivision of H. Michael Schaefer, et al located at 136 Neck Road contingent upon all legal documents being submitted for approval by the commission’s counsel and that the applicant file a Declaration on the land records in a form that is approved by the commission’s counsel consistent with the letter from Attorney Cassella dated September 9, 2010 and the commission approved the request for a waiver of open space requirements because the division is a settlement of a family estate. Chris Kerr seconded the motion. The motion passed unanimously.
160 Mile Creek Road
Mrs. Carol Van Patten was present and gave the Old Lyme Planning Commission a document relating to a property known as 160 Mile Creek Road.
Ross clarified for the record that a letter had been received by the commission from Attorney Michael Cronin formally withdrawing the application at this property.
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Reading and Approval of the Regular Meeting Minutes dated September 9, 2010.
Steve Ross made a motion to waive the reading and approve the minutes as submitted. Chris Kerr seconded the motion. The motion passed unanimously.
Plan of Conservation and Development
The commission reviewed and made changes to the latest draft revision of the Plan of Development. A Special Meeting was scheduled for Wednesday, October 20, 2010.
Respectfully submitted,
Kim Groves
Land Use Administrator
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