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Planning Commission Minutes 04/30/2015
OLD LYME PLANNING COMMISSION
SPECIAL MEETING
THURSDAY, APRIL 30, 2015

PRESENT WERE:  Harold Thompson, Steven Ross, Rob McCarthy, Chris Kerr and Alternates Todd Machnik, Barbara Gaudio and Don Willis.  
PLAN OF CONSERVATION AND DEVELOPMENT
Thompson stated one of the reasons the Planning Commission is meeting today is to discuss the DRAFT – Connecticut Coastal and Estuarine Land Conservation Program Plan dated January 2015 published by the Connecticut Department of Energy and Environmental Protection.  

Keith Rosenfield stated he attended a meeting recently with some of the property owners from the Sound View Area.  He stated it was a meeting to discuss what they can do with their property.  He stated some of the questions were sewers versus no sewers, possibility of zoning changes and really just exploring options on how to develop an area that presently has a lot of limitations, questions and concerns.  

Rosenfield stated that one of the rules of zoning is if the property owner voluntarily take down a non-conforming structure that property owners then loses the right to build what was existing  because of the limitations on size, shape, setback and septic systems.  He stated his first suggestion was to ask the land use groups for a moratorium on voluntary demolitions.  

Rosenfield stated the Plan of Conservation and Development on Page 10 under Beach Areas it states that identifying a clear vision for the future of shore areas remains an important goal.   Rosenfeld stated he understands that there is a lot of debate about infrastructure but he felt this might be a starting point to updating the Plan.  He stated he thought this might be something he could assist the commission with and open the dialogue and possibly address any other sections in the plan and improve the overall community.

Thompson stated one of the issues this commission has discussed is for the town to consider buying different pieces of property in the shore communities that would create open space at a one-time cost to the town.  He further stated it would be a relief to adjacent properties that have septic systems and a whole lot less expensive than some of the proposals that have been presented to different commissions within the last year.  Rosenfeld stated he had discussed this with Bonnie Reemsnyder and she had stated there was a property on Devitt that is exactly going through this same process currently.  Rosenfeld stated there are a lot of issues to consider besides sewers such as zoning, land use, commercialism and residential.   He said there are big picture questions that could be answered on how the town wants to evolve in the future.
 
Ross stated that Hartford Avenue is a unique situation.   He stated a number of years ago the Board of Selectmen encouraged the Zoning Commission to revise the regulations for Sound View.  He noted a number of people were very dissatisfied with the approach they took.  He stated the changes that they enacted resulted in a few updated facials to buildings but there was no enabling of use of what are basically dormant properties.  He further stated that the Zoning Commission needs to take another look at this area and come up with some sort of compromise that allows it to be financially feasible to develop those properties.  Ross stated he felt that Rosenfield should discuss these issues with the commission and encourage them to make some changes that will allow that area to improve.  Rosenfeld stated he felt it would be better to make one 30,000 sq. ft. property with two houses on it than ten 2,000 sq. ft.  properties.   Ross stated there has been interest from developers and investors over the years for those properties but every time they try to do something they ran into stumbling blocks.

Thompson asked what the property owners are being told as to the direction the town is headed.  Rosenfield stated the Land Use staff is not saying either way but the Health Department appears to be more forthcoming with information.   Rosenfield also discussed the limitations if the property is located in a flood zone.  

Todd Machnik stated that the Miami Beach area is there biggest recurring question for the Flood and Erosion Control Board.   He stated it is a private community with public access.  He stated it is a salt pond that was filled and should not have been built on given that sea levels are supposedly rising and it would make sense if the state is willing to assist to purchase some of these places that are going to be flooded.   He stated this would limit some of the density and solve some of the sewers issues and it might make sense to purchase some of these properties and make the problem go away by paying for it once.

Ross stated that Miami Beach and particularly the west end are so low overall particularly the west end of it that there is no solution to flooding in that area.   Machnik stated another issues is that the Hawks Nest Beach Association Incorporated owns a small piece of property in between the end of Hawks Nest Beach and Sound view.  It’s a private beach club and unlike Miami Beach and Old Colony Beach that are taxing authorities and have some authority as a municipality but this is a bunch of individual property owners.  Machnik further stated there is infrastructure that goes from Miami Beach underneath the Hawks Nest Beach Association Incorporated to get to Long Island Sound.  Machnik stated there is no easement or agreement to maintain the structure and the pipes are clogged.  Ross stated the flooding from Swan Brook affects Miami Beach not Hawks Nest.  Therefore Hawks Nest Beach Club Association allows the town to maintain the pipe and they could say there is no easement or agreement and you can’t enter the property.  Ross stated this is not the case they want to be cooperative.  Machnik stated engineering cannot stop the water from running downhill.  Machnik suggested the possibility of trading access to the beach if the town wanted to maintain the pipes.   Ross stated the members greatly value that beach.  McCarthy asked why the town would pay for the repairs because who benefits from the water flowing properly.   Machnik stated to this day the town is still called to unclog the pipes that get covered up with sand.   

Thompson stated after reviewing the Connecticut Coastal and Estuarine Land Program he thought perhaps Keith Rosenfield  could research the programs available through the DEEP to see what supplemental funding is available to buy properties that would become available in these areas which
would minimize the congestion and be an enhancement from the town.  Rosenfield agreed to do some research and present the information to the commission at their June Meeting.

Ross also suggested the Board of Selectmen be approached as to their feelings on the purchase of these types of properties.   

Thompson agreed to contact Jane Cable to discuss with her some of the commission’s thoughts on making some changes or amendments to the Old Lyme Zoning Regulations to help in the enhancement of the shoreline area.

Respectfully submitted,



Kim Groves