Public Hearing I

REGULAR MEETING   Tuesday, AUGUST 5th, 2008

EAST LYME PLANNING COMMISSION

MINUTES

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

ALSO PRESENT:       Jack Hogan, Ex-Officio, Board of Selectmen

                                 Drew Kenny, Alternate

                                 William Mulholland, Acting Planning Director

ABSENT:                   Francine Schwartz, Secretary, Sandy Mulholland, Alternate

Chairman Picarazzi called this Regular Meeting of the Planning Commission to order at 7:25 PM after the previously scheduled Public Hearing. She noted that she had seated George McPherson, Alternate at the table this evening.

Pledge of Allegiance

The Pledge was previously 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.

Tom Kalal, 80 Grassy Hill Road said that he had come to present everyone with an invitation to a House & Garden tour that includes the Tinker House in East Lyme. He said that he is concerned about this house as the area around it is overgrown with weeds, while a neighboring parcel is very neat and clean. He said that they were hoping to have it donated to the Historical Society however a request of this nature did not elicit a donation. He noted that the Baptist Church is also quite historical in nature and asked that they have historically designated areas within the Town as the tides have changed with respect to preservation and Planning. He invited everyone to come to Old House Day and passed out invitations to anyone present who wished to have one.

II.  Approval of Minutes –  Regular Meeting Minutes of July 1, 2008

                                          Special Meeting Minutes of July 15, 2008

Ms. Picarazzi called for any discussion or corrections to the Planning Commission Regular Meeting Minutes of July 1, 2008.

**MOTION (1)

Mr. Sandford moved to approve the Regular Meeting Minutes of the Planning Commission on July 1, 2008 as presented.

Mr. Bowers seconded the motion.

Vote:  4 – 0 – 2.  Motion passed.

Abstained:  Mr. Dagle, Mr. Perron

Ms. Picarazzi called for any discussion or corrections to the Planning Commission Special Meeting Minutes of July 15, 2008.

**MOTION (2)

Mr. McPherson moved to approve the Special Meeting Minutes of the Planning Commission on July 15, 2008 as presented.

Mr. Sandford seconded the motion.

Vote:  5 – 0 – 1.  Motion passed.

Abstained:  Mr. Bowers

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.)

III.  Applications

1.       Application of Fred Finn Jr., Land Surveyor for a Subdivision Text Amendment to Section 7-3-7 regarding the number of lots allowed on a loop street. The proposed amendment would eliminate the word less and substitute it with the words not more.

Ms. Picarazzi said that they had just closed this Public Hearing and called for discussion.

Mr. Dagle said that it seems pretty straight forward however he thinks that they need technical direction from the Acting Planner and the Town Engineer.

(Note: 7:25 PM – Mr. Mulholland, Acting Planner arrived.)

Ms. Picarazzi asked Mr. Mulholland, as staff for an opinion on this text amendment.

Mr. Mulholland said that it dies appear to be an inconsistency and that Ms. Parulis had agreed that it was such. What would happen here if this were to be amended is that Mr. Finn would get one interior lot for his client. He said that he has found no zoning issue with the amendment and noted that if they were to come back under this change that they would need the approval of the Commission. He said that it has been his experience through the years that there have been inconsistencies when doing regulation changes in bulk and that these types of things do happen and that he has found such within the zoning regulations also.

Mr. Dagle said that if it is an inconsistency that he still would like staff to give them a technical opinion as the do not know what Ms. Parulis may have been thinking or what may have been intended.

Ms. Picarazzi summed that it was the consensus of the Commission that they do have 65 days in which to act on this and that they would like a professional written opinion from Mr. Mulholland and also one from Bill Scheer, Town Engineer in time for their next regular meeting in September where they will address this again.

IV.   Zoning Referrals (CGS 8-3a)

1.       Application of AHEPA 250 INC. to amend Section 25.5 of the Zoning Regulations. Section 25.5 Table of Minimum controls for Specific Special Permit uses. AHEPA 250 INC proposes to modify the density requirement for Section 202 Housing for the Elderly Multi-Family/Multi-story by reducing the lot area requirement from 4000 square feet to 2500 square feet for each efficiency unit and from 6000 square feet to 4000 square feet for each two-bedroom unit.

Ms. Picarazzi asked Mr. Mulholland to explain this referral to them.

Mr. Mulholland said that these regulations were adopted and put in place some years ago after very careful consideration and that they were what the applicant wanted and agreed to. This is the same applicant and it is important here to determine if they would want to increase the densities as it would apply only to the AHEPA 250 and not for other parts of Affordable Housing. This applicant is looking to increase the density.

Ms. Picarazzi asked if she understood correctly that this applicant had already agreed to what the regulations are at present.

Mr. Mulholland said that was correct. He added that they question that they must ask themselves in relation to the POCD is how much is too much.

Ms. Picarazzi called for discussion from the Commissioners.

Mr. Bowers said that he sees this as ‘painting with a broad brush’ that would only benefit a particular developer. It there is a specific site then both Planning and Zoning can look over it at that time. He asked them to consider if this is really what they would want to do here.

Mr. McPherson said that the request is very site specific for 267 Roxbury Road to allow this one developer to do this.

Mr. Dagle said that he sees this as strictly increasing the housing density by putting more units and leaving less land and he does not see this as being of any benefit to the Town or the direction that the Town is looking to move towards.

**MOTION (3)

Mr. Bowers moved that the Planning Commission finds the Application of AHEPA 250 INC. to amend Section 25.5 of the Zoning Regulations INCONSISTENT with the Plan of Conservation and Development.

Mr. Perron seconded the motion.

Vote:  6 – 0 – 0.  Motion passed.

VI.   8-24 Referrals (Municipal Improvements)

There were none.

VII.  New Business

1.       Chairman’s Comments – Re: Scenic Road Plan

Ms. Picarazzi reported that they have submitted a request to the Town Attorney asking that they use the Town of Washington’s documents on this as a master template for theirs. Once the draft ordinance is done, it will be submitted to them for review and it would then go to the Board of Selectmen. They are making good progress on this.

VIII.  Other Business

1.   Update of Subdivision Regulations – Stormwater Mgnt. – Preparing Final Draft for Peer Review

Ms. Picarazzi said that she spoke with Mr. Scheer, Town Engineer and this is with reviewers right now and he expects to hear on this within the week. They should have the draft regulations for the September meeting and then the Public Hearing in October. She asked that they all make reviewing this a priority when they receive them as it is a key issue that they need to move forward on.

2.   Open Space Plan

There was no report.

3.   POCD Update

Ms. Picarazzi said that she did not have any further update at this time.

Mr. Mulholland noted that Mr. Miniutti has been given some direction and has taken some files to review. He said that he has met with him and driven him around the Town so that he will have some understanding of the Town and the community that he will be working with. He said that he believed that there was a contract that was or will be signed shortly.

IX.   Reports

1.       Chairman

Ms. Picarazzi said that she had nothing further to report.

2.       Zoning Representative

There was no report.

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

Mr. Sandford reported that they have cancelled the August meeting.

4.       Rte. 11 Greenway

There was no report.

5.       Ex-Officio – Jack Hogan

Mr. Hogan reported that they had authorized the First Selectman to enter into a contract with UCONN for the POCD update so that would be done shortly. He further reported that he and Ms. Picarazzi have been looking over and interviewing candidates for the Planning Director position and that they have interviewed three (3) so far and have three (3) more to go. This is on hold as there are vacation issues with some of the candidates so they will not complete this for a couple of weeks. He also noted that an interesting question was if the prison community could be classified under the AH designation.

6.       Staff/Communications

Mr. Mulholland said that the First Selectman would be coming to the Zoning meeting this coming Thursday and would be talking about Affordable Housing and methods by which to do it with incentives in a multi-family manner. He also said that they are looking into having a consultant speak to both Zoning and Planning on processes, ideas and smart growth, etc. to get everyone on the same page and move forward some processes. He lastly reported that Zoning had passed the Gateway MDP the previous week but not the kennel in the northern section of Town and that his understanding is that the kennel will be litigated.

Mr. Kenney, seated in the audience, asked when he could speak about community growth and methodology and started to expound on it –

Mr. Hogan called for a point of order –

Mr. Dagle said to Mr. Kenny that he could speak when he was seated at the table.

Mr. Bowers asked that their meeting agendas be updated to reflect that Mr. Kleinhans was no longer a member and that Mr. Kenny was the new Alternate. He noted that he had asked that this be done before and that it was not done.

Mr. Mulholland asked that it be placed in the minutes so that it would not be forgotten and could be rectified.

ADJOURNMENT

**MOTION (4)

Mr. Sandford moved to adjourn this Regular Meeting of the East Lyme Planning Commission at 8:05 PM.

Mr. Bowers seconded the motion.

VOTE:  6 – 0 – 0.   Motion passed.

Respectfully submitted,

Karen Zmitruk,

Recording Secretary