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Planning Commission

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

 


REGULAR MEETING    Tuesday, SEPTEMBER 2nd, 2008

EAST LYME PLANNING COMMISSION

MINUTES

 

PRESENT:                 Lisa Picarazzi, Chairman, Francine Schwartz, Secretary, Chris Sandford, Tom Perron, Paul Dagle, Mike Bowers,

                                                

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

                                  Fred Finn, Applicant

                                 George McPherson, Alternate

                                 Sandy Mulholland, Alternate

                                 William Mulholland, Acting Planning Director

                                                                                                           

ABSENT:                   Drew Kenny, Alternate

 

 

Chairman Picarazzi called this Regular Meeting of the Planning Commission to order at 7:00 PM.

 

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.

 

There were none.

 

 

II.  Approval of Minutes –  Regular Meeting Minutes of August 5, 2008

                                          Public Hearing I Minutes of August 5, 2008

                                                                                           

Ms. Picarazzi called for any discussion or corrections to the Planning Commission Regular Meeting Minutes of August 5, 2008.

 

Mr. Dagle asked that on Page 2, center of the page where Mr. Mulholland is speaking that dies is changed to ‘does’ and in the next paragraph that the is changed to ‘they’ at the end of the first line. On Page 3 in the third paragraph down, third sentence he asked that it be changed to ‘if’.

 

**MOTION (1)

Mr. Sandford moved to approve the Regular Meeting Minutes of the Planning Commission on August 5, 2008 as amended.

Mr. Bowers seconded the motion.

Vote:  5 – 0 – 1.  Motion passed.

Abstained:  Ms. Schwartz

 

Ms. Picarazzi called for any discussion or corrections to the Planning Commission Public Hearing I Minutes of August 5, 2008.

 

Mr. Dagle asked that on the first page in the fourth line of the third paragraph that the word work be changed to read ‘word’.

 

**MOTION (2)

Mr. Sandford moved to approve the Public Hearing Minutes of the Planning Commission on August 5, 2008 as presented.

Mr. Bowers seconded the motion.

Vote:  5 – 0 – 1.  Motion passed.

Abstained:  Ms. Schwartz

 

 

Subdivisions (Approved and Under Construction)

(A list of approved subdivisions under construction will be posted on the Town web-site @ www.eltownhall.com 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 closed this Public Hearing at the last meeting and were waiting on some information from staff.

 

Mr. Mulholland passed out a memo from Bill Scheer, Town Engineer and noted that the various sections could appear to operate independently of each other. He said that both he and Mr. Scheer had commented on how they could not see how this would be affected and that it is up to them if they want to make the change.

Mr. Perron said that it does not appear to look at the other issues such as of two entrances, etc.

Mr. Mulholland said that they also did discuss that in some detail. He noted that the Section 4 waiver does not apply to Section 7-3 as that Section 7 does not state that the waiver applies. While the section could be modified at some other time, he explained that the concept of the waiver applying needs to be cited as such.

 

Ms. Picarazzi said that she gathers from Mr. Scheer’s memo and her own thoughts that it was intended to be 20 rather than 19 as the number 19 is an odd number and other amendments within the regulations use 20 rather than 19. It makes more sense to have it be 20.

 

Mr. Perron noted that he still does not agree with that and thinks that they need more information before making a decision.

 

**MOTION (3)

Mr. Bowers moved to approve the 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. Specifically the last sentence in Section 7-3-7 would be changed to read:

‘The distance along the centerline from the mid-point of the loop street to the edge of pavement of the through street with which it intersects shall not exceed 1500 feet and the number of lots served shall be not more than twenty (20).’ (change the word less to not more)

 

Ms. Schwartz seconded the motion.

Vote: 5 – 1 – 0.  Motion passed.

Against:  Mr. Perron

 

2.       Request for 90-day extension of the period to file Mylars associated with approval of 11 lot subdivision of Benjamin Orvedal at 65 & 68 Holmes Road in East Lyme.

Mr. Mulholland noted that Mr. Sweeney was not able to be present this evening to explain this however, Mr. Orvedal; the applicant is present and could shed some light on this for them. He also noted that there is a letter in their packets that explains the request.

 

Ben Orvedal, applicant explained that it was a condition by the Fire Marshall that they install a 30,000 gallon water tank for fire fighting purposes and that the first time that he had seen or heard about that was at the meeting here. He said that he spoke with the Fire Marshal about the pond and his desire to use the pond for the fire fighting and the Fire Marshal said that could be done however, they would have to build a driveway to the pond and that required going to the Wetlands Commission which necessitated more time in order to get that approval. That pushed them out on the time line.

 

Ms. Picarazzi asked if there were any other questions or if they were ready to make a motion.

 

**MOTION (4)

Mr. Dagle moved to approve the request of Benjamin Orvedal for a 90-day extension of the time period to file Mylars associated with the approval of an 11-lot subdivision located at 65 & 68 Holmes Road in East Lyme.

Mr. Sandford seconded the motion.

Vote:  6 – 0 – 0.  Motion passed.

  

 

IV.   Zoning Referrals (CGS 8-3a)

There were none.

 

 

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 are moving forward with the Scenic Road Plan and that the Town Attorney has reviewed the Town of Washington’s and the Town of Lebanon’s documents on this and they should have a draft for the next committee meeting. They could have this project done in the next couple of months.

 

Mr. Mulholland noted that the Town Attorney wants to explain the Scenic Road components to the subcommittee members as it potentially involves a lot of landowners.

 

 

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 and was told that they should expect to get a draft of the Stormwater Regulations emailed to them before their next meeting. She asked that they review them so that they can be discussed at their next meeting. It was discussed that they could potentially handle this during their workshop meeting that is scheduled for September 16, 2008.

 

Mr. Mulholland said that he would speak with Bill Scheer and coordinate this effort with him and Ms. Picarazzi.

 

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 reported that he received an email from a student working for Mr. Miniutti who is doing research and that he will be meeting with her soon.

 

IX.   Reports

1.       Chairman

Ms. Picarazzi reported that they did conduct interviews for Town Planner and that they have interviewed six (6) people and made their recommendations.

 

2.       Zoning Representative

There was no report.

 

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

Mr. Sandford reported that there is a meeting scheduled for September 15, 2008.

 

4.       Rte. 11 Greenway

There was no report.

 

5.       Ex-Officio – Jack Hogan

Mr. Hogan reported that the Planning interviews are over as Ms. Picarazzi has stated and that they are in negotiations with their top candidate and hope to know something by the end of the week. He noted that they were all impressed with the lead candidate.

 

Mr. Hogan also said that he wanted to address Mr. Gadbois regarding something that was written about the Public Hearing that was held at the last meeting. He said that Mr. Gadbois made a comment at the Board of Selectmen meeting that the discussion continued after the Public Hearing had been closed and that he wants to make it clear that the Public Hearing was closed legally and that the Commissioners then asked staff for further input which is something that they legally can do. The Public Hearing was conducted properly and they did not take any further comment from the public however, they do have the right to obtain information from staff to help them make the best decision possible.

 

6.       Staff/Communications

Ms. Picarazzi said that she would wait to hear from Mr. Mulholland regarding the meeting on September 16, 2008 to discuss the Stormwater Regulations draft.

 

Mr. Bowers asked about the UCONN general timeline on the POCD update.

Mr. Mulholland said that they are working with the GIS component to get the background down and that in the interim they are touching base with Mr. Miniutti pulling things together.

 

 

ADJOURNMENT

 

**MOTION (5)

Mr. Dagle moved to adjourn this Regular Meeting of the East Lyme Planning Commission at 7:42 PM.

Mr. Sandford seconded the motion.

VOTE:  6 – 0 – 0.   Motion passed.

 

Respectfully submitted,

 

 

Karen Zmitruk,

Recording Secretary

 



 

SPECIAL MEETING   Tuesday, SEPTEMBER 16th, 2008

EAST LYME PLANNING COMMISSION

MINUTES

 

PRESENT:                 Lisa Picarazzi, Chairman, Francine Schwartz, Secretary, Paul Dagle, Christopher Sandford, George McPherson, Alternate

                                                

ALSO PRESENT:       Bill Scheer, Town Engineer

                                 Michael Giannattasio, Public Works Director

                                                                                                           

ABSENT:                   Mike Bowers, Tom Perron, Drew Kenny, Alternate, Sandy Mulholland, Alternate

 

Pledge of Allegiance

The Pledge was observed.

 

I.  Call to Order

Chairman Picarazzi called the Special Meeting of the Planning Commission to order at 7:05 PM. She noted that she had seated George McPherson, Alternate at the table this evening.

 

 

II.  Working Session on Proposed Stormwater Management Regulations

Ms. Picarazzi noted that they had been sent the Draft of the Stormwater Management Regulations and asked for discussion and comments.

 

Mr. Dagle and Mr. McPherson asked that they spell out GRV, WQV, TR, and HEC on Page 3 so that people will know what these mean. In some instances they appear without any explanation.

 

(Note: 7:10 PM – Mr. Sandford arrived)

Mr. Dagle asked in reference to Pages 5 and 6 where reference is made to the DEP – who would supercede if they are in conflict with a the State regulations.

Mr. Scheer said that these are guidelines and for example - the State uses 3’ for the infiltration basin but we have put it at 18” because the State Health Code uses that figure. The theory is that by doing this, they are keeping the dirty water away from the ground water.

Mr. Giannattasio said that one of the reasons that they looked at this is because if they went to 3’ the basin would stay dry at all times. These guidelines are more restrictive than the States’.

 

Mr. Dagle asked if the Town Attorney has reviewed these draft regulations or if he would be reviewing them.

Mr. Scheer said that they were emailed to the Town Attorney on the previous Friday asking for his review.

Mr. Dagle suggested that the Town Attorney reviews them and that they receive his comments prior to taking any action on them.

The Commissioners were in agreement on this.

 

Ms. Picarazzi asked about the objectives of the Plan in Section 5-7-1 on the bottom of Page 1. She asked what it was and if they should restate it clearer with the end in mind regarding the plan.

Mr. Giannattasio said that the issue is that the designs may be different depending upon the individual properties in question and that the plan would then change in accordance with the property type.

 

Ms. Schwartz asked if the should add that ‘the applicant’s’ plan –

Mr. Dagle said that because it is a subdivision that it should be understood who the applicant is and where it is coming from.

 

Mr. Scheer and Mr. Giannattasio said that they would re-review the comments that were made.

 

Mr. Sandford asked about Section 6-16 on Page 3 and the CT DOT and DEP manuals that were mentioned here and what would happen if new manuals come along – would they have to change or amend these regulations to suit any new manuals.  

Mr. Scheer said that the ‘as amended’ suits the changes that may occur with respect to the cited CT DOT and DEP manuals however; if another manual comes into play – they would have to update the regulations to reflect it.

 

Mr. Sandford asked Mr. Scheer if he is comfortable with these regulations.

Mr. Scheer said that he is pretty comfortable with them. They are good, solid regulations that took many hours to put together.

 

Mr. Sandford asked if these would constitute a significant cost to the developers to institute.

Mr. Scheer said that the last two subdivisions; Walnut Hill and the Orvedal one have achieved these stormwater best management practices without this document being in place in the regulations.

 

Mr. Dagle asked if on Page 3 it was necessary to ask for all of the storm-year frequencies to be there.

Mr. Scheer and Ms. Picarazzi said that with computers that it is easy to compute for any number of years.

 

Ms. Picarazzi asked about Section 6-16 on the top of Page 3 where it strongly suggests that the applicants meet with the Town Engineer –

Mr. Scheer said that is something that is typical for all of land use – that they be reviewed by him and that here it is suggestive –

Mr. Giannattasio said that he would run the language by the Town Attorney and see what he thinks.

Mr. Dagle suggested that they substitute ‘strongly suggested’ with the word ‘recommended’.

 

Ms. Picarazzi said that on pages 5 and 6 that item numbers 4 and 2 are the same –

Mr. Scheer explained that the difference is that they are talking about infiltration basins in one area and filtration basins in the other and that they would be different.

Mr. Dagle suggested that they would want the same minimum spacing from the water table.  

 

Mr. Sandford asked about the waiver term where it states that the only way to get one is with three (3) lots or less – why the number three (3) and what is that number based on.

Mr. Scheer said that it is his experience that you can institute stormwater practices with four (4) lots.

Ms. Picarazzi said that it is a ‘best management practice’.

 

Mr. Sandford asked about Section 6-16-6 on Page 6 where it states that the waiver is with the approval of the Town Engineer and the Planning Commission . . .

Mr. Giannattasio said that the concern here was that they – as the Planning Commission – should perhaps not be presented with certain things at the time that they are and that the Town Engineer would be the one who would ‘filter’ this, in a manner of speaking so that they would have added insight prior to the possible approval.

Ms. Schwartz said that she cannot think of waivers that have come before them that have not been first through staff reviews and that this is not different from that.

 

Mr. Giannattasio said that he wanted to get these to go through the Town Engineer as they are not ‘cookbook’ regulations.

Mr. Dagle noted that if it is found that Planning has statutory approval then it would be re-worded to reflect what was necessary.

 

Ms. Picarazzi suggest that on Page 1in Section 5-7 that they flip-flop the paragraph and start it with Increases to . . .  and then start A stormwater . . .  after East Lyme.  – as it seems that it would read better that way.

 

Ms. Picarazzi asked about the process of formulating this draft and if they had used some from other Towns’.

Mr. Scheer said that Bruce Morton from Aqua Solutions was instrumental in working with them on this and that it was re-worked many times and also reviewed by staff in Waterford. The process took many hours.

 

Ms. Picarazzi and the Commissioners thanked Mr. Scheer and Mr. Giannattasio for all of their hard work on this project. She said that she would send the absent members an e-mail and ask that they forward their comments directly to Mr. Scheer by the end of the week so that they could be incorporated in the re-review. She also asked if it would be realistic to see this again in its’ revised format for the first meeting of the Planning Commission in October so that they could move the process along.

 

Mr. Dagle said that he is not a proponent of extending the moratorium and that he would like them to target October 7, 2008 for the final review and October 21, 2008 for the Public Hearing.

Ms. Picarazzi agreed that she would not be in favor of extending the moratorium and asked that they look to the target schedule of reviewing again October 7, 2008 and then a Public Hearing on October 21, 2008. She also asked that they request that the Town Attorney fast track this item.

 

 

III.  Adjournment

Ms. Picarazzi called for a motion to adjourn.

 

**MOTION (1)

Mr. Sandford moved to adjourn this Special Meeting of the Planning Commission at 8:02 PM.

Mr. Dagle seconded the motion.

Vote:  5 – 0 – 0.  Motion passed.

 

Respectfully submitted,

 

 

Karen Zmitruk,

Recording Secretary