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Planning Commission Minutes 11/10/2016
November 10, 2016

Present were:   Harold Thompson, Chris Kerr, Steven Ross, Edgar Butcher and Alternate Don Willis seated for Robert McCarthy and Alternates Todd Machnik and Barbara Gaudio.


Joe Wren, P. E. with Indigo Land Design presented the proposal on behalf of the applicants Nunzio & Irene Corsino.  Wren stated this property is approximately 19 acres and is located on the west side of Four Mile River Road.  He stated there is presently a house and barns on the property and it is an agricultural use.  Wren stated the proposal is split off the lot in the front which is about 3 acres and contains all the existing buildings.  He said the second lot would retain approximately 125’ frontage on Four Mile River Road.  Wren pointed out the house location and septic systems on the proposed lot.   He also noted as part of the proposal approximately 6 acres would go to Open Space which borders Old Lyme Land Trust to the west, southwest and the north.   

Wren stated the applicants currently do have an application in front of the Inland Wetlands Commission.  He noted the commission has walked the site and will be rendering a decision at their November 15, 2016 meeting.   

Wren stated the commission received a letter from Attorney Cassella dated November 10, 2016 stating that question needs to be resolved as to whether this is a subdivision or a resubdivision.  He further stated if it is a resubdivision then the commission will need to hold a public hearing on the application.  He further stated he will be following up with the Surveyor, Richard Gates to assist in making this determination.   He also noted Attorney Cassella has requested an easement be formalized rather than a right of way over the existing driveway.  

Wren reviewed the items outlined in Keith Rosenfeld’s memo dated November 8, 2016 with the commission.  Wren told the commission if they would like any of the items included he would be happy to make those changes in the next set of revisions.   

Harold Thompson also noted the commission received a letter from George Caulkins, Sanitarian dated October 31, 2016 stating he has reviewed the proposal and is satisfied that it complies with the public health code.  
Page 2 – November 8, 2016

Groves stated the commission needs to make a motion to hold a public hearing for the December meeting in the event the application is determined to be a resubdivision and if it is determined that is not required notices will not be sent to the abutters prior to the meeting.  
Steven Ross made a motion to set a public hearing for the December 8, 2016 meeting for the application of Nunzio and Irene Corsino at 124 Four Mile River Road.   Chris Kerr seconded the motion.   The motion passed unanimously.

Thompson stated that with this motion, the commission has set a public hearing for December if Attorney Cassella determines that the property is a re-subdivision and not a subdivision.  Thompson then asked the commission if there was a desire  to approve the plan contingent upon verification from Attorney Cassella that the property is a subdivision and that the Inland Wetlands and Watercourses Commission approves the application.   

Thompson stated we could approve it this evening dependent on these two items being satisfied.

Following a brief discussion, Harold Thompson made a motion to approve the Subdivision Application contingent upon approval by the Wetlands Commission.  The Wetlands Commission’s next meeting is scheduled for Tuesday, November 15, 2016.   
Don Willis seconded the motion.   The motion passed unanimously.


Stuart Fairbanks, P.E. with Gary Sharpe & Associates presented the Lot Line Modification.  Fairbanks stated the original lots were created back in 1948 prior to Planning and Zoning.  Fairbanks reviewed the plan with commission and noted the reason for the modification of lot lines is because there is a septic system in the middle of the line.  He noted there is currently a barn on the other lot and both lots will be conforming.  

Fairbanks stated the commission has received a letter from Keith Rosenfeld dated November 8, 2016 stating he had no objection to the proposed modification.  He also noted that the commission received a letter from George Caulkins, Sanitarian stating that he had no reservations with the proposed lot line modification.  

Thompson stated in Attorney Cassella’s letter dated November 10, 2016 that he requested that the applicant provide proposed deeds for review prior to filing the mylars.  

Steven Ross made a motion to approve the Lot Line Modification for Michael P. Noti at 6 McCurdy Court with the condition that the deeds are provided prior to filing the mylars.  Chris Kerr seconded the motion.   

Page 3 – November 8, 2016


Steven Ross made a motion to approve the 2017 Planning Commission Meeting Calendar.  Chris Kerr seconded the motion.  The motion passed unanimously.


Harold Thompson stated he has spoken with Attorney Cassella and the commission is going to advertise for a Public Hearing for the December Meeting on the proposed changes to the Plan of Conservation and Development, however if the commission receives any responses or requests that an agency or board has not had adequate time to review the information the public hearing will be continued until the January meeting.

Thompson further stated he has spoken with Keith Neilson with regard to the Planning Commission writing a letter as discussed.  He said Mr. Neilson stated that on Page 5 of the Coastal Management Act Section 2 is not being interpreted correctly and this has to do with people’s rights to protect their property.

Thompson stated that Keith Neilson is currently working with Paul Formica in East Lyme.  Thompson has requested that he forward any information that would be of assistance and noted they will continue to stay in touch.  


Steven Ross made a motion to waive the reading and approve the minutes as submitted.  Chris Kerr seconded the motion.   The motion passed unanimously.

Respectfully submitted,

52 Lyme St, Old Lyme, CT 06371  (860) 434-1605

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