EAST LYME PLANNING COMMISSION

Scrolling down or clicking the bookmarks will take you to the minutes for meetings held in June.

Regular Meeting, June 3, 2008

Special Meeting June 17, 2008

PUBLIC HEARING I Tuesday, JUNE 3rd, 2008

EAST LYME PLANNING COMMISSION

MINUTES

The East Lyme Planning Commission held a Public Hearing on the Application of Benjamin Orvedal for an 11-Lot Re-subdivision of property located at 65 & 69 Holmes Road (Assessor’s Map 57, Lots 11, 12 & 13) on June 3, 2008 at Town Hall, 108 Pennsylvania Ave., Niantic, CT. Chairman Picarazzi opened the Public Hearing and called it to order at 7:02 PM.

PRESENT: Lisa Picarazzi, Chairman, Paul Dagle, Mike Bowers, George McPherson, Alternate, Sandy Mulholland, Alternate

ALSO PRESENT: Ben Orvedal, Applicant

Matthew White, PE, Representing the Applicant

Meg Parulis, Planning Director

ABSENT: Francine Schwartz, Secretary, Chris Sandford, Tom Perron, Robert Kleinhans, Alternate

Pledge of Allegiance

The Pledge was observed.

Public Hearing I

1. Application of Benjamin Orvedal for an 11-Lot Re-subdivision of property located at 65 & 69 Holmes Road (Assessor’s Map 57, Lots 11, 12 & 13)

Ms. Picarazzi introduced the members of the Commission to the public, noting that she had seated Alternate Members George McPherson and Sandy Mulholland at the table this evening. She thanked everyone for coming and called upon the applicant or his representative for a presentation.

Matthew White, P.E. with Angus McDonald/Gary Sharpe & Associates explained the property noting that there is a large open area and an area in the northwest corner that is currently wooded. The proposal is to combine the three (3) properties into one and then back to 11 total lots with one of those lots being the one with the existing house and another lot being the one with the existing barn. They are proposing this as an open space subdivision. The frontage runs from 25’ to 100’ on Holmes Road and all back lots have frontage. There is a common drive that traverses through and no road. With regard to the yield plan in showing the conventional versus the open space subdivision – in the conventional they would have 11 lots with a cul-de-sac whereas with the open space subdivision they are showing 51% dedicated as open space including a pond and much of the open meadow. When looking from Holmes Road, there would be very little change visible. The open space parcel is proposed to be owned by the Homeowner’s Association and they would also be able to use the area. The Town Engineer has proposed some improvements to Holmes Road to improve the drainage, etc. and they will do them. This subdivision will have an 18’ wide common drive and there will be less impervious area. They are proposing to have two (2) large detention/retention basins and there would be no net increase in stormwater run-off. They have also done a lot of soil testing with George Calkins of Ledge Light Health District and they also received approval from Conservation the previous evening. Private wells would serve the property.

Ms. Picarazzi said that the septic system located in the back appears to be down hill to the house.

Mr. White explained that there is a hill there and showed how it flows the other way.

Ms. Picarazzi asked about water for fighting fires in the event that one should occur.

Mr. White said that they have a large pond with plenty of water that can be used in the event of a fire.

Ms. Picarazzi asked if the road would be paved.

Ms. Parulis said yes it would be as it is serving many homes.

Ms. Picarazzi asked if Ms. Parulis had anything to add –

Ms. Parulis read the Exhibit List into the record – (copy attached at end of Minutes). She also said that Zoning is concerned about the barn as they cannot have an accessory structure without a primary structure and the barn is an accessory structure. She also noted that the Fire Marshal was requiring a 30,000 gallon dry cistern to serve the subdivision as the pond is not readily accessible.

Mr. White said that he has no knowledge of the cistern and added that the pone has an existing driveway to it so it is very accessible.

Ms. Parulis said that she would have to state that it has to be acceptable to the Fire Marshal.

Ms. Picarazzi asked the distance to the pond from Holmes Road and to the farthest home.

Mr. White said that it is less than 1000’ from Holmes Road and a little more than the 1000’ to the farthest home.

Ben Orvedal, the applicant said that typically they do not stretch a hose from the pond to the fire – they would load a truck at the pond and then take the truck loaded with water to the fire.

Mr. Bowers asked how much water the pond holds.

Mr. White said that it is well over 1M gallons as it is an acre in size and has been there for many years and the level rarely changes regardless of the climate/season.

Ms. Parulis said that the Assessor had concerns with the numbering and signage so that the homes could be easily found in case of emergency, etc. This would need to be clearly labeled as a private driveway. She said that there was also a bit of back and forth with the engineering department and that the developer has agreed to improvements on Holmes Road and that they are also in agreement on the stormwater. Another issue is the iron pins for property markers – they need to make sure that the pins are in and that they especially show the change in line direction. This can be made a condition of the approval. She said that they are also requesting conditional approval which means that they cannot sell any lots until the public improvements and stormwater are done. They will need to bond the work that is being done in the public way and this can be done outside of this process. She said that they would also want the first course of pavement on the private drive before the CO’s are issued. She also said that she agrees with the lot yields and that this does conform to the regulations. They would also require the erosion control bond to be paid upfront in cash.

Mr. Bowers asked about the Homeowner’s Association language regarding the maintenance and how that would work.

Ms. Parulis said that there is general language that sets this in place to carry all of it into effect.

Mr. Bowers asked if it works so that if they fail to do what they need to do that if the Town comes in and does the work – they could bill them for it.

Ms. Parulis said that she is working with Town Counsel on this and that it would be as approved by Town Counsel.

Mr. Dagle said that the improvements to the west of Holmes Road do not meet the driveway and asked why they do not.

Mr. Orvedal and Ms. Parulis said that there had been previous widening done there to straighten a dangerous portion of the road and that they are now widening Holmes Road to the point where it gets to meet the other area that is 19’ in width.

Ms. Picarazzi called for those who wished to speak in favor of this application –

Jonathan Katz, 38 Holmes Road said that he abuts this property on the southeastern side and that he came here with interest in what was being proposed. He said that this is a beautiful area and that it should be enjoyed by as many people as possible and that he feels that Ben will do a fine job and he is in favor of this application.

Ms. Picarazzi called two more times for anyone who wished to speak in favor of this application –

Hearing no one –

Ms. Picarazzi called three times for anyone wishing to speak against this application –

Hearing no one –

Ms. Picarazzi asked the Commissioners if they had any other questions regarding this application.

Mr. Orvedal said that Ms. Parulis was speaking about no lots being sold until the public improvements were done however; he would like the lots with the existing house and barn to not be included with the other restriction as they do not participate with any of the improvements as they have been using the area as it exists now.

Ms. Picarazzi asked Ms. Parulis if this was acceptable –

Ms. Parulis asked Mr. Orvedal the lot numbers –

Mr. Orvedal said that they are lots 1 and 2.

Ms. Parulis said that they could work this in and change the conditions to read lots 3 through 11.

Mr. Dagle asked about existing driveway improvements –

Mr. White and Ms. Parulis said that there are no need for any for lots 1 and 2 – they will use the existing drive that serves both lots currently.

Ms. Picarazzi asked if there were other questions –

Hearing none –

Ms. Picarazzi closed this Public Hearing at 7:48 PM.

Respectfully submitted,

Karen Zmitruk,

Recording Secretary

REGULAR MEETING Tuesday, JUNE 3rd, 2008

EAST LYME PLANNING COMMISSION

MINUTES

PRESENT: Lisa Picarazzi, Chairman, Paul Dagle, Mike Bowers, George McPherson, Alternate, Sandy Mulholland, Alternate

ALSO PRESENT: Ben Orvedal, Applicant

Matthew White, PE, Representing the Applicant

Meg Parulis, Planning Director

ABSENT: Francine Schwartz, Secretary, Chris Sandford, Tom Perron, Robert Kleinhans, Alternate

Chairman Picarazzi called this Regular Meeting of the Planning Commission to order at 7:49 PM after the previously scheduled Public Hearing. She noted that she had seated George McPherson, Alternate and Sandy Mulholland, Alternate at the table this evening.

Pledge of Allegiance

The Pledge was observed.

I. Public Delegations

Public Delegations is the time when members of the public are invited to speak to the Commission about certain matters. Issues or concerns related to approved subdivisions under construction (Item IV.) and in-house proposals or general topics of discussion (Item VII.) are open to comment. Items, referrals, or applications subject to a decision by the Commission, a public hearing, or in litigation may not be discussed. The members of the Commission will not directly answer questions or make comment during delegations.

Ms. Picarazzi called for Public Delegations.

Paul Formica, First Selectman thanked Ms. Picarazzi and the Commission for their patience during the process as they know that the long-term Planner has taken a new position. He said that he wishes Ms. Parulis well in her new position and that while he knows that they were not happy with the proposed cuts and some of the plans that he may have; he said that it might be possible to discuss such items with them during an Executive Session. He assured them that he is fully aware of the POCD update that needs to be completed by the end of 2009 and a consultant will be engaged to help them with this process. He said that they have begun the process of advertising the Planner position and that he has also reached out to the 20-Town COG (Regional Planning) and perhaps to a former member for some continuity during the interim period while they take the time to find the right person. He lastly said that he knows that they are missing some of the Regular members this evening and that he hopes that they would extend this information to them.

Tom Kalal, 80 Grassy Hill Road thanked them for all that they do and Ms. Parulis for all that she has done. He reminded them that they had an Attorney Shansky review the moratorium procedure and that it has only been six (6) months since it took effect and he does not feel that they should feel any pressure from bankrupt developers or any Town officials to rush this moratorium. He said that he thinks that they should take all the time that they need even if it is more than the 12 months. He also thanked them for their interest regarding the scenic roads and said that they will be present at the Zoning meeting later in the week to speak and to present signatures.

Mark Christiansen, 66 Grassy Hill Road thanked Ms. Parulis for her work and said that her job is not easy as she gets grief from the developers, homeowners and Town officials. He wants her to know that he thinks that she did a good job and he wishes her well.

II. Approval of Minutes – Regular Meeting Minutes of May 6, 2008

Special Meeting Minutes of May 13, 2008

Workshop Meeting Minutes of May 20, 2008

Ms. Picarazzi called for any discussion or corrections to the Planning Commission Regular Meeting Minutes of May 6, 2008.

**MOTION (1)

Mr. Bowers moved to approve the Regular Meeting Minutes of the Planning Commission on May 6, 2008 as presented.

Mr. Dagle seconded the motion.

Vote: 4 – 0 – 1. Motion passed.

Abstained: Mr. McPherson

Ms. Picarazzi called for any discussion or corrections to the Planning Commission Special Meeting Minutes of May 13, 2008.

**MOTION (2)

Mr. McPherson moved to approve the Special Meeting Minutes of the Planning Commission on May 13, 2008 as presented.

Mr. Bowers seconded the motion.

Vote: 4 – 0 – 1. Motion passed.

Abstained: Mr. McPherson

Ms. Picarazzi called for any discussion or corrections to the Planning Commission Workshop Meeting Minutes of May 20, 2008.

Mr. Bowers asked that they add Mr. Perron to the ‘Absent’ listing as he was not able to attend.

**MOTION (3)

Mr. Bowers moved to approve the Workshop Meeting Minutes of the Planning Commission on May 20, 2008 as amended.

Mr. McPherson seconded the motion.

Vote: 4 – 0 – 1. Motion passed.

Abstained: Ms. Mulholland

III. Subdivision Applications

1. Application of Benjamin Orvedal for an 11-Lot Re-Subdivision of property located at 65 & 69 Holmes Road (Assessor’s Map 57, Lots 11, 12 & 13).

Ms. Picarazzi called for a motion for discussion.

**MOTION (4)

Mr. Bowers moved to grant CONDITIONAL APPROVAL to the application of Benjamin Orvedal for an 11-Lot Re-Subdivision of property located at 65 & 68 Holmes Road (Assessor’s Map 57, Lots 11, 12 & 13) subject to the following:

1) Construction of public improvements on Holmes Road and all drainage and stormwater facilities as shown on the approved plans shall be completed prior to the sale lf Lots 3 thru 11. Final Approval shall be granted by the Commission upon issuance of a Certificate of Completion by the Town Engineer. It should be noted that an excavation permit will be required from the Public Works Dept. prior to any construction in the Town right-of-way. A declaration of restrictions and covenant re: Sale or Transfer of Subdivision Lots in the form prescribed in Appendix F shall be filed on the Land Records for Lots 3 thru 11 at the time of filing of the Mylars. The Conditional Approval shall lapse June 2, 2010.

2) Submission of a bond in the amount of $45,000 to secure erosion and sedimentation and site restoration prior to signing of Mylars.

3) Submission of a processing fee in the amount of $1200.00

4) Submission of all legal documents necessary to carry the plan into effect as approved by Town Counsel.

5) Plans shall be revised and re-submitted within 45 days as follows:

a. A note shall be added to the plans indicating that the under drains for the private driveway shall be separate from the storm drainage system.

b. A 30,000 gal. Fire cistern or approved alternative shall be added in a location acceptable to the Fire Marshal.

c. A note shall be added to the plans indicating that building permits shall not be issued until the common driveway is constructed with at least the first course of pavement.

d. A note indicating whether the existing barn is to be removed or converted to a dwelling. The barn cannot remain on the property unless there is a dwelling.

e. A street numbering plan shall be included on the Final Plans in consultation with the Assessor and Fire Marshal.

f. The street shall be clearly signed as a private driveway. A detail of the sign shall be included in the Final Plans.

g. Location of iron pins – revise the iron pin locations in consultation with the Town.

Mr. McPherson seconded the motion.

Mr. Dagle said that this project is in a really nice area of the Town and while development is not what people want – this one is really not visible from the road and allows a few people to be able to enjoy and appreciate this nice area also.

Vote: 5 – 0 – 0. Motion passed.

IV. Subdivisions (Approved and Under Construction)

(A list of approved subdivisions under construction will be posted on the Town web-site @ under “Planning Commission”. The Active Subdivision List will also be available upon request in the Land Use Office. This agenda item shall be reserved for items requiring administrative action by the Planning Commission for already approved subdivisions.)

¨ Orchards at East Lyme Subdivision – Request for extension of Conditional Approval Phases II, IV & V for 1 year

Ms. Parulis explained that this is being developed in phases and that the Phase I road acceptance would be up in August.

Mr. Dagle asked what the number of one-year extensions was that they could be granted.

Ms. Parulis said that they can do eight (8) now – they can have three (3) one year extensions in the first 5-year period so they can technically go up to 10 years – however; they would take a hard look at this if in the 5-year period there is no action or progress being shown.

**MOTION (5)

Mr. Dagle moved to approve a 1 year extension of Conditional Approval for Phases II, IV & V of the Orchards at East Lyme Subdivision.

Mr. Bowers seconded the motion.

Vote: 4 – 0 – 1. Motion passed.

Abstained: Mr. McPherson

¨ Bridebrook Estates aka Wheatfield Knoll Subdivision – Request for extension of period for completion of public improvements

Ms. Parulis said that they are close to completion here and that they are requesting a two (2) year extension and that would be appropriate.

**MOTION (6)

Mr. Bowers moved to approve a 2-year extension to complete public improvements for the Bridebrook Estates aka Wheatfield Knoll Subdivision.

Mr. Dagle seconded the motion.

Vote: 5 – 0 – 0. Motion passed.

V. Zoning Referrals (CGS 8-3a)

1. Application of Village Crossing of Niantic, LLC for 100-unit Affordable Housing Development located at Park Place (Assessor’s Map 11.1, Lot 19).

Ms. Picarazzi said that they have a Water & Sewer letter to look over.

Ms. Parulis suggested that the review it as it proposes some problem to them with how they would relate this to the POCD as while the hook-ups are in place and there is water for most of the year, they are not sure that they would have enough during the heavy-use summer months although they might in the future as they are exploring new initiatives for more water. She also noted that the CAM was another issue that they were waiting to hear on and she said that she does not see any CAM issue here. The big issue that has come up is that of the neighborhood and Page 17 of the POCD speaks to multifamily recommendations and one of those suggests that it be removed from existing single-family development and this does not seem to be a great distance away. She noted that there is a landscape plan and that they are talking about being 120’ away at the narrowest point to the existing neighborhood. She also noted that this is an Affordable Housing application and that the courts would limit them.

Ms. Picarazzi said that she agrees that the CAM is not their issue; but she said that she does feel that the Affordable Housing (AH) aspect is an issue and that they cannot keep saying no to this type of application. She said that she would like them to move forward in a sensitive manner as they need to move in the right direction.

Ms. Parulis said that in practical terms that the applicant would have to apply to the Water & Sewer Commission separately for their hook-ups and that it is the Water & Sewer Commission that would make that determination.

Ms. Picarazzi asked the Commissioners if they wanted to take more time on this or what their pleasure was –

Ms. Parulis noted that there is also a letter from Attorney Harris addressing their concerns.

Mr. Dagle said that while he is not happy with the site that he is a proponent of AH for this Town and that he has to trust the other areas to do what they need to do with this application.

Ms. Parulis suggested that they take a drive by the area.

Mr. Bowers said that it appears that their issue is with the area and what it would look like and by driving by it they will not have more information than they already have.

Ms. Mulholland said that she feels that they are the stewards of the water supply and that while she is also a proponent of AH she feels that they have to be responsive to the water supply.

Mr. Dagle said that he wants to weigh the neighbors and the water and AH and at this time he cannot say yes or no to this.

Ms. Picarazzi said that it appears that Zoning will continue this item so they can table their discussion until the next meeting.

Mr. Bowers suggested that it would be better to have a decision to the Zoning Commission before they commence their hearing rather than after it is started.

Ms. Picarazzi suggested that they put this item on their June 17, 2008 workshop meeting date.

2. Application of Jeffrey McNamara to amend Section 4.1.3 of the Zoning Regulations concerning setback of nursery or greenhouse to property lines.

Ms. Parulis said that she did not find much in the POCD on this however; they do generally try to work with farming. This is coming to them as it is a proposed amendment to the regulations. She said that she thinks that it may be in relation to the Scott property.

Mr. Dagle said that if it is an amendment to the regulations that it would be applicable all over the Town.

Ms. Picarazzi suggested that they default to Zoning on this since there is nothing in the POCD to directly relate it to.

Mr. Bowers suggested that they send a note to Mr. Mulholland that they do not see this as a POCD issue however they might suggest that it could be done as a waiver situation.

**MOTION (7)

Mr. McPherson moved to find the application of Jeffrey McNamara to amend Section 4.1.3 of the Zoning Regulations concerning setback of nursery or greenhouse to property lines CONSISTENT with the Plan of Conservation and Development.

No second. Motion fails.

**MOTION (8)

Mr. Bowers moved to send a letter to the Zoning Commission that the Planning Commission does not find any issue with the proposal of Jeffrey McNamara to amend Section 4.1.3 of the Zoning Regulations concerning setback of nursery or greenhouse to property lines within the Plan of Conservation and Development.

Mr. McPherson seconded the motion.

Mr. Dagle said that he is not sure if this is a ‘right to farm’ issue and that Zoning may know more with respect to that.

Vote: 5 – 0 – 0. Motion passed.

3. Application of Paradise Property Management LLC for a Zone Change from LI to CA for property located at 11 Industrial Park Road (Assessor’s Map 26.1, Lot 3)

Ms. Parulis said that this property is located between Bob’s and the Stop & Shop and that it does not seem to make sense to be different.

Mr. Dagle said that he is concerned with the traffic that would be generated by a hotel and how they would fix the road near a wetland.

Ms. Parulis said that from a strict use perspective if this is done well that it would work however there is also the water issue. She said that they do have more time on this so they could re-work the draft motion and get more information.

This item was tabled until the next meeting of the Commission.

VI. 8-24 Referrals (Municipal Improvements)

There were none.

VII. Other Business

1. Update of Subdivision Regulations – Stormwater Management

Ms. Parulis said that they are on Draft 3 and still working on this.

2. Open Space Plan

Ms. Parulis said that she has this in a box and that she will be taking it with her to finish with Art Carlson.

Ms. Picarazzi asked what Ms. Parulis thought was the time frame on this.

Ms. Parulis said that they need to do an analysis of the PA 490 properties and that she is hoping to have it done in a month.

3. POCD Update

Ms. Parulis said that she would be meeting next week with Ms. Picarazzi; the Zoning Commission Chairman and UCONN to get the ball rolling on this. The date is yet to be set.

VIII. Reports

1. Chairman

Ms. Picarazzi said that she is looking for a status on the moratorium.

Ms. Parulis said that she knows that it needs to be done by September to meet the deadline.

Mr. Bowers said that stormwater management is what needs to be done and they are in progress on that.

Ms. Parulis said that there is the possibility of the road width being reduced to 24’ however that involves many issues with respect to the schools, fire vehicles and Public Safety. She said that there will be a draft of where this stormwater management will fit in the existing regulations.

Ms. Picarazzi summed that they are on target for September –

Ms. Parulis said yes, they are well on their way with this.

Ms. Picarazzi said that they are also making headway on the scenic road ordinance and there is a subcommittee for the up-zoning in the north end of Town. She said that she gave her name and Mr. Dagle’s to the Zoning people to be included in the subcommittee on the north end of Town. She noted that the scenic road project is largely a Planning issue.

Ms. Parulis said that the ordinance would designate the Planning Commission as the body that enacts the ordinance. She said that this came out of the Open Space Plan and that Tom Kalal and Creig Petersen are going out to review the roads. She noted that the Zoning Commission is also interested in this.

Mr. Dagle suggested that anyone interested could work together on this as a subcommittee and that they should also talk to Mr. Formica on all of this.

Ms. Parulis said that the scenic road designation is a really easy thing to do and that if they are working with COG that makes it easier as anyone could do this.

Ms. Picarazzi said that both she and the Commission will miss Ms. Parulis a lot. She thanked Meg for all of her contributions and said that they wish her well in her new position.

Ms. Parulis said that it has been a pleasure serving them.

2. Zoning Representative

There was no report.

3. Regional Planning Commission Representative – Christopher Sandford, Luane Lange, Alternate

There was no report.

4. Rte. 11 Greenway

Ms. Parulis reported that they are running out of money and that it is not looking good at this time. They are trying to work through this.

5. Ex-Officio – Jack Hogan

There was no report.

6. Staff/Communications

Ms. Parulis told them to have faith as she is still in Town and that things will work out.

The Commissioners wished her good luck.

ADJOURNMENT

**MOTION (9)

Mr. McPherson moved to adjourn this Regular Meeting of the East Lyme Planning Commission at 9:25 PM.

Mr. Bowers seconded the motion.

VOTE: 5 – 0 – 0. Motion passed.

Respectfully submitted,

Karen Zmitruk,

Recording Secretary

SPECIAL MEETING Tuesday, JUNE 17th, 2008

EAST LYME PLANNING COMMISSION

MINUTES

PRESENT: Lisa Picarazzi, Chairman, Chris Sandford, Tom Perron, Mike Bowers, Paul Dagle, George McPherson, Alternate

ALSO PRESENT: Paul Formica, First Selectman

William Mulholland, Zoning Official

Attorney Theodore Harris

ABSENT: Francine Schwartz, Secretary, Sandy Mulholland, Alternate, Bob Kleinhans, Alternate

Chairman Picarazzi called this Special Meeting of the Planning Commission to order at 7:10 PM.

The Pledge of Allegiance was observed.

Ms. Picarazzi then noted that she had seated George McPherson, Alternate at the table this evening. She said that there is a slight change that she would like to make to the agenda and called for a motion to add Public Delegations to it.

**MOTION (1)

Mr. Dagle moved that Public Delegations be added to the agenda prior to the discussion of the Zoning Referrals.

Mr. Bowers seconded the motion.

Vote: 6 – 0 – 0. Motion passed.

Public Delegations

Ms. Picarazzi called for Public Delegations.

Paul Formica, First Selectman said that he would update them on the events and noted that as they knew Ms. Parulis has left and started her new position this week. He introduced Bill Mulholland, the long-time Zoning Official/Agent for the Town who is well versed in application review and said that he would help out as he could/ He said that Michele Crowley was to assist with the paper flow during the transition and that the position for Planner has been advertised and they have received a number of responses. He spoke with the Chairman recently about joining him on a committee with two other people to find a replacement. They also have Mr. Butler from Regional Planning to help if Mr. Mulholland or Mr. Scheer cannot. He said they should feel free to contact him with any questions that they might have.

Cary Janus, 22 Park Place said that she was not aware that they could speak this evening so she is not prepared to speak. She said that she would however be prepared for Thursday and that she would be at that meeting.

I. Zoning Referrals

¨ Application of Village Crossing of Niantic, LLC for 100-unit Affordable Housing Development located at Park Place (Assessor’s Map 11.1, Lot 19)

Ms. Picarazzi synopsized that they have been discussing this for a couple of meetings now and that they wanted to wait and think about it more before sending a letter. She called for discussion.

Mr. Perron said that he had gone through the POCD and that he wanted to cite a few areas that he found and that he thought applied to this. He cited Section 3, page 12 regarding residential land use and page 17 on multi-family housing; Section 12 – Item 2 on Coastal goals and policies and page 82 on the Coastal area Boundary; page 87 also further discusses residential uses and page 118 presents recommendations at the very end of the POCD.

Mr. Bowers said that Mr. Dagle has said the last time that he wanted more time as he was going to go take a look at the property – he asked Mr. Dagle if he had done that.

Mr. Dagle said that he had gone to look at the property and that he had also said the last time that water & sewer would address the issues that pertained to them and that he feels comfortable with that. Also, the CAM area is a very, very small area of the property there and he felt that there would be no effect on it. Page 17 from the POCD discusses offsets from property owners and buffers and he said that while this does meet some of the objectives of the POCD and not meet others that he feels that they will have to individually decide this matter.

Ms. Picarazzi said that she agrees with Mr. Dagle regarding water & sewer and considers them experts in this and also believes that they have to take some action and responsibility for Affordable Housing in Town. She said that she knows that they have heard arguments that other Towns are also below the 10% requirement but that is no excuse for us not to step up to the plate on this as we cannot keep saying No to Affordable Housing.

Mr. Perron said that his concern is the re-zoning of an area along the coastal zone from RU-40 to a 100 unit development.

**MOTION (2)

Mr. Bowers moved to find the Application of Village Crossing of Niantic, LLC for a 100-unit Affordable housing Development located at Park Place INCONSISTENT with the Plan of Conservation and Development as it is not adequately separated from Park Place and the questions regarding water have not been adequately answered.

Mr. Perron seconded the motion.

Vote: 4 – 2 – 0. Motion passed.

For: Mr. McPherson, Mr. Bowers, Mr. Sandford, Mr. Perron

Against: Ms. Picarazzi, Mr. Dagle

¨ Application of Paradise Property Management LLC for a Zone Change from LI to CA for property located at 11 Industrial Park Road (Assessor’s Map 26.1, Lot 3)

Mr. Mulholland explained that this is a separate entity; a separate parcel between the Bob’s Furniture and the Stop & Shop and that there is an applicant who wishes to develop this with a use other than what is allowed. It would be a commercial project.

Ms. Picarazzi asked what the difference was between LI and CA.

Mr. Mulholland said that the primary difference is the uses.

Mr. Sandford asked about the issue of the road and the bridge and if the bridge is owned by the Town.

Mr. Mulholland said that the road was part of the Bob’s application and that when school is out they will move the road to allow for more frontage and make the necessary improvements. They are not responsible for the bridge as that is really the Town’s.

Mr. Dagle said that this area is adjacent to the Gateway and that it is an empty lot. If they endorse this as consistent when they had noted the water issues before – it would really be water & sewer who is responsible for that.

Mr. McPherson said that he thinks that they should defer to water & sewer on their issues as they are more than qualified to deal with them.

**MOTION (3)

Mr. Sandford moved to find the application of Paradise Property Management LLC for a Zone Change from LI to CA for property located at 11 Industrial Park Road generally CONSISTENT with the Plan of Conservation and Development “Future Land Use Plan” depicted in Fig. 2-1. The plan shows the area proposed for the zone change is adjacent to the area designated as a “Commercial Gateway District” and describes it as a “tourist service center and gateway of East Lyme.” The plan further points out that due to its prominent location, the area’s image is integral to the perception of all East Lyme’s commercial districts.

Mr. McPherson seconded the motion.

Vote: 5 – 0 – 1. Motion passed.

Abstained: Mr. Perron

II. Approval of Minutes – Regular Meeting Minutes – June 3, 2008

Public Hearing Minutes – June 3, 2008

Ms. Picarazzi called for any discussion or corrections to the Planning Commission Regular Meeting Minutes of June 3, 2008.

Mr. Dagle asked that on Page 5 under V. in the second line that ‘the review’ be changed to read: ‘they review’.

**MOTION (4)

Mr. Dagle moved to approve the Planning Commission Regular Meeting Minutes of June 3, 2008 as amended.

Mr. Bowers seconded the motion.

Vote: 5 – 0 – 1. Motion passed.

Abstained: Mr. Sandford

Ms. Picarazzi called for any discussion or corrections to the Planning Commission Public Hearing Minutes of June 3, 2008.

Mr. Dagle asked that on Page 2 in the third paragraph that the word ‘pone’ be changed to read: ‘pond’.

**MOTION (5)

Mr. Bowers moved to approve the Planning Commission Public Hearing Minutes of June 3, 2008 as amended.

Mr. Dagle seconded the motion.

Vote: 5 – 0 – 1. Motion passed.

Abstained: Mr. Sandford

Ms. Picarazzi noted as an update that the stormwater regulations are being reviewed and revised by Mr. Scheer and that they will see them very shortly.

Mr. Bowers noted that after they review them that they would be sending them to a Public Hearing and that it is expected that this will be done before September.

Ms. Picarazzi also noted that they were working on the scenic road designation and asked who would designate this.

Mr. Mulholland suggested that it might be best with the Engineering Department as they would be most qualified to measure the width of the roads, etc. He said that he has some information for them on this and that he would get it together so that they can have it. He also noted that there may be an application coming along for them and possibly a few other things. He said that he has Michele making lists of and cataloging the information that they have so that they can find it and work with it.

ADJOURNMENT

Ms. Picarazzi called for a motion to adjourn this Special Meeting of the Planning Commission.

**MOTION (6)

Mr. Sandford moved to adjourn this Special Meeting of the East Lyme Planning Commission at 8:00 PM.

Mr. McPherson seconded the motion.

Vote: 6 – 0 – 0. Motion passed.

Respectfully submitted,

Karen Zmitruk,

Recording Secretary