Simsbury, CT - Planning Minutes

Pamela Katz, Acting Chairman, called the Regular Meeting of the Planning Commission to order at 7:32 p.m. in the Main Meeting Room of the Simsbury Town Offices. The following members were present: Susan Bednarcyk, Alexis Rankin Popik, Ernest Gardow and Alternates Cynthia Carey and Carol Cole. Also present were William Voelker, Director of Community Planning and Development and other interested parties.

Acting Chairman Katz appointed Commissioner Carey to serve for Chairman Howard and Commissioner Cole to serve for Commissioner Horowitz. Commissioner Horowitz arrived at 8:00 p.m. At that time, Commissioner Cole went back to alternate status.

Mr. Dan Dumais, Red Gate Homes, 165 Old Farms Road, West Simsbury, spoke on behalf of the proposed 4 lot subdivision. He said that the property consists of 5.2 acres and is zoned R40 with frontage on County Road, Kilbourn Road and Hoskins Road. The frontage totals approximately 1,320 feet. Mr. Dumais said that city sewers, public water and underground utilities would serve the homes. He showed the proposal on a plan. Mr. Dumais said that access to the four homes would be by a private road off of Kilbourn Road about 230 feet in length and would end in a landscaped cul-de-sac. He said that the site contains 1/3 acre of wetlands on the northerly boundary of the property bordering County Road. This will be protected by a conservation easement, which surrounds the wetlands and will extend around the perimeter of the property serving as a buffer. He said the buffer would be enhanced with different plantings.

Christian Alford, Alford Associate, Inc., Windsor, CT., professional engineer, showed the wetlands area on the plan. He said that the soils on the site are gravely and sandy. Mr. Alford said the site is approximately 5- ¾ acres with .31 acres of wetlands. He explained what the different color-coding stands for on the plan. Commissioner Gardow asked if the conservation easements were part of the lots. Mr. Alford said yes.

Chairman Katz asked Mr. Alford what he needs from the Conservation Commission and the Water Pollution Control Authority. Mr. Alford said that they need a wetlands permit from the Conservation Commission because one of the driveways is within the 75-foot buffer area. He said that it falls about 50 feet from the wetlands. He said that they needed to apply to the Water Pollution Control Authority for permission to extend the sanitary sewer line. He said that they also need permission from the Town Council because the path would have to go across town land.

Commissioner Gardow asked if the sanitary sewer line rightaway would also be used as a path for the children to go to school. Mr. Alford said no. Chairman Katz asked how the kids in this subdivision would get to school. Mr. Alford said that they could walk across the neighbor’s yard or walk around the street. Chairman Katz asked how far the sidewalk comes down on Hoskins Road. Mr. Alford showed where the sidewalk ends on the plan. Chairman Katz asked if some type of neighborhood path would be put in. Mr. Alford said that they had discussed putting something along the sewer line, but were not sure if it was necessary. Chairman Katz asked that they put more thought into this before the next session of the Public Hearing. Commissioner Gardow felt that the kids access to Squadron Line is an important aspect, as they probably would be walking.

Mr. David Paine, Landscape Architect, showed on a plan the existing and the proposed landscaping. He said that the landscaping improvements primarily address the openness of the site along Hoskins Road. Mr. Paine said that County Road and Kilbourn Road are already heavily vegetated. He said that they would transplant what they can from what will be taken out for the proposed lot and road construction. He said they propose a mixture of 22 deciduous trees, 40 evergreen trees and 28 two to three foot shrubs. Mr. Paine said that this would filter and screen the subdivision from Hoskins Road.

Commissioner Carey questioned how detailed an environmental investigation was done. Mr. Gary Swain, partner of Red Gate Homes, said that a Phase I environmental site assessment had been done by Jaworski Geotech, Inc. This was done by using photographs, studies and with conversations conducted with Culbro. He said that this property was found never to be used for tobacco. Mr. Swain said that there may have been a barn used for cattle or horses. He said that Jaworski Geotech, Inc. concluded that no further study was necessary. Mr. Swain submitted the report from Jaworski Geotech, Inc.

Commissioner Gardow asked what kind of detail does a Phase I report go into. Chairman Katz said that a Phase I report is normally a historical look at something. She said that you look at aerial photos and State and EPA databases and interview people with knowledge of the property.

Commissioner Gardow asked if this submitted report is a historical record of the land usage. Mr. Swain said that there are aerial photographs in the report from the 30’s and 40’s. Commissioner Carey asked if this land was continuously used. Mr. Swain said that the Kilbourn’s have owned the property since the 1930’s. Christine Kilbourn Jones said that this used to be the original Hoskins Estate. She said that her father brought the property in the late 30’s and that they used it for their horses. Chairman Katz if there had ever been an underground gas tank for the barn across the street. Christine Kilbourn Jones said that there never was any underground gas tank across the street.

Peggy Connole, 104 Hoskins Road, questioned access to Squadron Line School. She said that there is already a sidewalk on the other side of the street, but if the children in these new homes do not ride a school bus a school crossing guard would be needed at Kilbourn in order to cross Hoskins, then the sidewalk would have to be extended.

Carol Wroble, 100 Hoskins Road, expressed concern about additional traffic, as this is already a very busy road. She also questioned the value of having back yards facing Hoskins Road and keeping the integrity of the existing neighborhood.

John Hartwell, Builder for 25 years, said that he has interest in the property. He said if this application is approved he would like to negotiate to buy the lots. Mr. Hartwell said that he would build homes there in the $500,000 to $600,000 ranges. He said that these homes would be very classic looking and would have no negative effect on the area at all.

Mark McPherson, 40 County Road, expressed concern regarding emergency vehicles having access to the common driveway. He questioned if this would always be a private road or if there is a possibility in the future that the town would have to take over the road if the people refuse to maintain it. Mr. Voelker said that the Fire Marshall is reviewing the driveway plan. He also said that this road is a driveway and a joint maintenance agreement must be recorded in the land records at the time of filing so the owners of these properties are aware that they have a responsibility, and are buying into the joint maintenance agreement. He said that there is no responsibility to the town. Commissioner Gardow asked if part of the maintenance

Jim Gazzola, 9 Briarwood Drive, expressed concern about the possibility of pesticides. He did not feel that a Phase I assessment can be scientifically assertive because the study used did not include probability-sampling methods carried out by a sampling expert.

Peggy Connole, 104 Hoskins Road, questioned the upper and lower triangles on the plan. She asked if more houses were planned for the lower triangle. Mr. Swain said that at this time four houses are proposed for the upper triangle subdivision and that is what is now in front of the Commission. He said that the plan is for two additional houses on the other property, but that is not currently in front of the Commission. Mr. Voelker said that division of the lower triangle is a free split, not a subdivision, and would not be coming before the Planning Commission.

Commissioner Gardow expressed concern about traffic and asked the applicant if he would consider a pathway over to North Drive for children to be able to use as a way to get to school. He said that this would require an easement with the property owners on North Drive, but would enhance the safety aspect for children walking to school.

Chairman Katz scheduled a site walk for Sunday, April 1st at 10:30 a.m. The Commission members could park along Kilbourn Road near the site. Chairman Katz asked that the Applicant marks the centerline of the driveway and put stakes in the approximate locations of the four proposed houses. She also asked that stakes be placed where the proposed conservation easement will be and also that the back line of the property be marked.

Chairman Katz asked the applicant, for the next Public Hearing session, either to discuss or bring a site plan showing a possible walking path to Squadron Line School. She also asked that Rich Sawitzke look at the site line issues. Chairman Katz also requested a staff review of the Phase I assessment and also a Fire Marshall report.

Commissioner Carey moved to have the meeting go into Executive Session at 9:00 p.m. to discuss Meadowood Litigation. Commissioner Gardow seconded the motion. The motion passed unanimously. Attorney Brian Smith of Robinson and Cole and Mr. William Voelker, Director, Community Planning & Development were invited to attend the Executive Session.