The Board of Selectmen held a regular meeting at 5:00 P.M. on Monday, May 21, 2007 in the Phoebe Griffin Noyes Library Community Room. First Selectman Timothy Griswold, Selectman Skip Sibley and Selectwoman Bonnie Reemsnyder were present.
Approval of Minutes: May 7, 2007
Selectman Sibley made a motion to approve the minutes of May 7, 2007. Selectwoman Reemsnyder seconded the motion. SO VOTED.
Communications:
None
Appointments:
None
Old Business:
Town Woods Park – Phase II – Contract Signing with Machnik Bros Inc
First Selectman Griswold reported that the town has executed the contract with Machnik Bros. Inc. for work on phase II of the Town Woods Park. It is expected that the town will receive a construction schedule in June.
.
Town Hall Expansion
Alternate Office Space for Probate and Registrars
First Selectman Griswold stated that the Probate and Registrars' offices have been relocated to 100 Halls Road. The Fire Marshal requirements were not fully met at the library location and there was an accessibility issue.
Asbestos Removal
Additional asbestos was found in the lower level of the Old Lyme Town Hall. The contractor will be able to proceed with the renovation once the asbestos is removed.
Project Timing
The asbestos problem slowed the Old Lyme Town Hall project for a week, but the contractor says he can make up that time. The vaults will be removed and the work on the footings and foundation will take place shortly. A project meeting will be held on Wednesday, May 23rd.
Town Budget – Budget Vote Scheduled for May 21 @ 7:30 PM Middle School
The town budget vote will take place tonight, May 21st, at 7:30 P.M. in the Lyme-Old Lyme Middle School. Based on further analysis between Town Atty. Marylin Clarke and Atty. Jane Marsh, the road standards of chapter 25 of the subdivision ordinance will not be on the call.
d. Hartford Avenue Reconstruction – Update
A few Hartford Avenue residents were asking for services different from the scope of services previously suggested. The final paving will be completed after the summer season. The striping will be done this week. Curbing will be done on the upper end of the street.
e. Ethics Formation Committee – Update
At the Ethics Formation Committee meeting held on Thursday, May 17, 2007, the discussion was on the appointment of the members of the Ethics Commission. The committee anticipates a final recommendation, a public information session and a Town Meeting to adopt an ordinance. The committee is considering deleting the Board of Selectmen as the appeal body and using the court system instead.
New Business:
High School Referendum Results – Update
The Lyme-Old Lyme High School referendum vote on May 8th rejected the $54,000,000 budget. The school held a special Board of Ed meeting on Tuesday, May 15th. First Selectman Griswold stated that he wrote to Board of Ed Chairman Lynn Fairfield-Sonn encouraging her to reconstitute the committee by making the Board of Ed members ex-officio. Ms. Fairfield-Sonn did not agree. Selectman Sibley stated that the Board of Ed by-laws requires a board member to be chair of any Board of Ed committee. It would be possible to provide for Board members to be ex-officio members of committees.
Discussion About Sale of Town Property – Planning & Zoning
First Selectman Griswold reported that Zoning agrees that the town should be able to sell town-owned property to abutters to make a conforming lot if a parcel is not of use to Open Space or Planning. Ted Kiritsis of Zoning stated that although an unconforming lot might be made a conforming lot, the owner is not guaranteed the ability to build on it. The owner must still obtain a Zoning compliance certificate.
Discussion About Building Permits and Private Roads Standards
The Board of Selectmen discussed minutes from the Planning Commission regarding building permits and private road standards. First Selectman Griswold stated that
currently there is no delineation between private road standards and town road standards, as once existed. When the question of the Black Hall Lakes issue was discussed at the last Board of Selectmen's meeting, it was pointed out that a building permit is not supposed to be issued unless the property has access to a town road or a private road. There was discussion about a modification to the subdivision ordinance. However, Atty. Marsh and others agreed not to do the modification. It was generally agreed that the road standard used then was the private road standard for the Black Hall Lakes subdivision. The houses in question are reached by going over Kinner Ave and Grandview Ave. So, the private road standard would likely involve questions about how the road was built and the issue about grade. The response is that a building permit will be issued as long as the road is built to the private road standard. The road standard is under the jurisdiction of the Board of Selectmen.
If it has to be of the private road standard, it will be necessary to see what kind of improvements are required. If compromises are made on private road standards, there may be problems. Compounding the answer is that certain properties have been built somewhat recently when the ordinance was not enforced. Steve Ross from Planning stated that some of the Planning members are looking into the situation further. First Selectman Griswold stated that he would communicate with the landowner, Robert Day Company, with information on this issue. Selectman Sibley suggested contacting Atty. Mark Branse and Linda Krause for their input. First Selectman Griswold will apprise the Board of Finance of the suggestion to hire Atty. Branse.
Discussion About Tantammaheag Rd/Mile Creek Water Access Proposal
Steve Ross of Harbor Management explained that the commission had been reviewing how to improve and add to water access. The Tantammaheag landing site is a quarter acre in size and consists of a dirt road that runs from the end of the paved road on Tantammaheag Road, through the stone pillars, and down to Lord Cove. Diana Atwood Johnson owns the parcels to the north and south of the historic site that was given to the town by the Lord family. Ms. Johnson's house predates the Declaration of Independence. The problem is that a portion of the cove has filled in with silt and vegetation making it an unusable water access for kayaks or canoes below half tide. Duck hunters and neighbors infrequently use the site. Ms. Johnson also owns a 12.3-acre parcel with a 15-ft. wide access off Mile Creek Road
just north of the railroad. It contains a deep pond that used to be a gravel pit. There is direct access from the pond to the Black Hall River available for kayaks and canoes at low tide. It is an attractive water access parcel as well as an open space parcel. The proposal is that Diana would donate the 12.3-acre parcel to the Town of Old Lyme and in exchange the Town of Old Lyme would deed over the quarter acre of road access at the Tantammaheag landing site to her. There would, however, be a 5' wide public right of way pedestrian path in perpetuity to be maintained by Ms. Johnson. The proposal includes a sign that indicates no vehicle parking past the paved portion. The proposal was voted on and approved by the Harbor Management Commission and the Open Space Committee. The Conservation Commission and the Planning Commission also enthusiastically endorsed it. The appraisal of the Mile Creek property is $225,000. There will be an
appraisal on the Tantammaheag property forthcoming. Selectman Sibley questioned the 99-year lease with Amtrak regarding the Mile Creek parcel. Mr. Ross stated that the lease could be renegotiated and the Open Space Commission is hoping to acquire the parcel that abuts that access strip. Selectman Sibley asked if the land would be landlocked without that access. Mr. Ross said it would be landlocked and that is something that needs to be addressed. First Selectman Griswold asked what the requirement would be to control access after hours. Mr. Ross stated it would be up to the town. First Selectman Griswold read a letter from the Fecher family of Coult Lane regarding their disapproval of the swap of land by Diana Johnson. The Board of Selectmen chose to visit both sites on Friday, May 25.
Public Comment:
None
Other Business:
Selectwoman Reemsnyder stated that she sent a memo to Andy Russell regarding the establishment of a committee to look at more tax relief for the elderly. Ms. Reemsnyder would like the topic to be put on a future agenda.
Selectman Sibley was interested in following through on the creation of a committee to evaluate the need for a fireboat mentioned at the previous Board of Selectmen's meeting.
Selectman Sibley gave out copies of the article in the DAY about a blight ordinance in the Town of Montville. First Selectman Griswold stated that he would ask for insight from Ann Brown.
Adjournment:
Selectman Sibley made a motion to adjourn the meeting at 6:45 P.M. Selectwoman Reemsnyder seconded the motion. SO VOTED.
Respectfully submitted,
Eileen Coffee, Clerk
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