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Planning Commission Minutes 11/12/2015
MINUTES
OLD LYME PLANNING COMMISSION
REGULAR MEETING
THURSDAY, NOVEMBER 12, 2015


PRESENT WERE:  Robert McCarthy, Steven Ross, and Chris Kerr.  Alternate Todd Machnik was seated for Harold Thompson, Alternate Don Willis was seated for Edgar Butcher and Alternate Barbara Gaudio.

Vice Chairman Robert McCarthy chaired the meeting.

LOT LINE MODIFICATION – BARBARA GAUDIO – 71 SHORE ROAD & 1 TOWN LANDING ROAD.

Barbara Gaudio recused herself from this agenda item.

McCarthy noted the commission received correspondence from Attorney Cassella dated November 11, 2015 indicating the modification should be allowed and noted a mylar is required to be recorded.  The commission also received correspondence from John Sieviec, Sanitarian, and Keith Rosenfeld, Land Use Coordinator indicating the proposed lot line revision is in compliance with both the zoning and health regulations for the Town of Old Lyme.

Barbara Gaudio reviewed the site plan with the commission which delineated the proposed lot revisions.   She indicated although the two properties are located on different roads the parcels  join at the back corner and the proposal is to adjust the lot line closer to the Shore Road property and add the remaining land to  the 1 Town Landing property for the purposes of keeping it as open space and/or farm land.  

McCarthy asked if the parcels were owned by the same property owners.  Gaudio indicated that was correct.   She noted the new house is almost completed at which point they will sell the 71 Shore Road property.  

Chris Kerr made a motion to approve the Lot Line Modification as submitted pending approval of all legal documents.  Steven Ross seconded the motion.  The motion passed unanimously.

QUEEN ANNE COURT – DISCUSS OF ROAD IMPROVEMENTS – FRAN SABLONE

Fran Sablone stated this was a project he became involved in after it was started.   He stated he is working with both Tom Metcalf, Town Consulting Engineer and Ed Cassella, Town Counsel to resolve any of the outstanding issues with the roadway.   He noted he has provided them with a new A-2 survey.   He stated he would like the commission to table this item until the December meeting to allow Tom Metcalf to finish his review and provide comments to the commission.


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Sablone stated the subdivision was built approximately 15 years ago however the road was never accepted by the Town of Old Lyme as a town road.  He stated this matter came to his attention last year when the town stopped plowing the roadway after 14 years.  

Heather Rumm – 7 Queen Anne Court -  Rumm stated she moved into the subdivision 17 years ago and asked for clarification as to what needs to be done to have the town accept the road.   She noted she found out also last year when the road was not plowed.  Sablone stated most of the work had been completed many years ago but recently they had a new survey completed and monumentation set.  He also noted they are also working with the DOT.  He also noted the last lot contains a detention pond but noted that back in 2000 the Fire Department stated they did not want the pond so that lot that contains the swale to catch all the runoff has been an issue because of the ownership.  

Steven Ross clarified the outstanding items.  He noted the issue has to be resolved as to who takes ownership of that lot, confirm the monumentation, and the survey has been completed.  Sablone also stated the cracks in the road have to be repaired and he has retained a sealing company that the town recommended.  

McCarthy stated once the outstanding items are completed the Planning Commission will recommend to the Board of Selectmen that the road be accepted as a Town Road.  He further stated that roads are accepted at Town Meetings.  The next town meeting will be in late January or early February.

Rumm asked what would happen if it snows prior to that Town Meeting.  Ross stated the town will not plow the road until the town has accepted the road at a Town Meeting.

Karen Geisler – 5 Queen Anne Court -  She stated she has been a resident for 9 years and had no knowledge at the time of purchase that this was not a town road.  The commission explained that this should have been determined at the time of purchase through a title search.  Geisler expressed concern about the ownership of the pond and also expressed concern about the liability associated with the ownership of the pond.  

The commission explained the parameters of their jurisdiction with regard to town roads.  McCarthy stated this development was fortunate to have a representative working on this issue because often it is the homeowner’s who have to pursue this on their own.  McCarthy stated the commission will receive correspondence from Tom Metcalf  prior to next month.  This item was tabled until the December Meeting.  Machnik also explained this development is fortunate that their road was built to town standards.

APPROVAL OF 2016 PLANNING COMMISSION MEETING CALENDAR

Chris Kerr made a motion to approve the 2016 Meeting Schedule.  Don Willis seconded the motion.  The motion passed unanimously.

OTHER BUSINESS

Steven Ross reported that he attended the first session in the Legal Issues in the Age of Climate Adaptation workshop series.  He stated it was a good workshop and the speakers were very experienced
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Land Use Attorneys as well at the Clinton Zoning Enforcement Officer.  Groves explained he was formerly a partner in the law firm of Branse, Willis & Knapp.  
Ross said they conveyed the message that land use commissions should be thinking ahead to the ramifications of rising water levels because there are numerous changes that can occur.  He stated for instance there might be a buildable lot that becomes unbuildable because of water encroachment or you have a house that is more than fifty percent destroyed and it is in a FEMA flood zone and has to be elevated.  He said in the town’s current regulations you measure from the undisturbed grade then consequently you may lose the top floor of the home when you comply with the flood elevation.  He stated there are town’s that are revising their regulations to measure from the FEMA flood level.    He said some towns are working on emergency procedures should you need to reach people in these flooded areas.  

Ross stated he felt it was a great workshop and encouraged anyone to attend the other sessions.

Chris Kerr made a motion to adjourn.   Don Willis seconded the motion.   The motion passed unanimously.

Respectfully submitted,

Kim Groves
Land Use Administrator