Simsbury, CT - Planning Minutes

These minutes are for informational purposes only. For official minutes, please contact the Town Clerk's Office.

PLANNING COMMISSION

I. CALL TO ORDER

Joan Howard, Chairman, called the Regular Meeting of the Simsbury Planning Commission to order at 7:35 p.m. in the Main Meeting Room of the Simsbury Town Offices. The following members were present: Pamela Katz, David Horowitz, Susan Bednarcyk, Alexis Rankin Popik, Ernest Gardow and Alternates Cynthia Carey, Elise Sirman and Carol Cole. Also present were William Voelker, Director of Community Planning & Development and other interested parties.

II. APPOINTMENT OF ALTERNATES

III. PUBLIC HEARING Continued from April 24, 2001 meeting

a. Application of Christian Alford, Agent - Red Gate Homes, for a four-lot subdivision of property at Kilbourn Road, Hoskins Road and County Road. (5/26/01)

Dan Dumais, 165 Old Farms Road, Red Gate Homes, said that they had further soil testing done by Jaworski Geotech, Inc. He said that Jaworski Geotech did eight test borings to the depth of about 10 inches and tested the soil at two different levels within the 10 inches. Mr. Dumais said that no traces of organic compounds were found in the samples. He also said that a slight curve has been placed in the driveway as shown on the plans and that the sidewalk has now been shown on the plan (on sheet 2) extending from the new private road along Kilbourn Road and Hoskins Road. He said that the sidewalk is 5 feet in width, 1 foot away from the property line.

David Paine, Landscape Architect, said that the plan shows all the conservation easement on the property. He said that he walked the property along the westerly buffer to check out the comment that had been made that half of the trees were dead in that area. He said that this is not the case and that maybe 5% of the trees are dead within the 20 foot buffer area. Mr. Paine said that there are a lot of healthy trees within the 20-foot buffer with plenty of existing vegetation that will remain.

Chairman Howard said the final plan presentation includes the curve in the road, the sidewalk, and vegetation. Mr. Dumais said that no additional vegetation is needed. Commissioner Horowitz asked if the 20-foot strip is fully planted now with existing vegetation or if additional plantings were added would they be put within the 20-foot strip or would they be shaded by existing vegetation. Mr. Paine said that for the most part trees that are already there would shade them.

Commissioner Bednarcyk discussed the possibility of having just three lots put in with houses whose fronts face the road with driveways onto Hoskins, County and Kilbourn Roads. She said that there would be less asphalt and there would be buffering for North Drive. Commissioner Bednarcyk said that now a conservation easement is needed around the whole edge of the property because the backs of the homes face the road, but if the homes were turned that would no longer be an issue.

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Commissioner Gardow asked if they had considered open space along the westerly buffer instead of a conservation easement. Mr. Christian Alford, Alford Associates, said that they had discussed this at the last meeting and were guided by the subdivision regulations.

Commissioner Horowitz said that the configuration of the four houses is okay. He would not want the houses facing the streets because of the driveway issue and there would be better screening with trees preserving the rural feeling.

Commissioner Gardow asked how it is determined where each species of proposed trees will go along Hoskins Road. Mr. Paine said there would be groups of three or four evergreens together and also there are already some mature cedar trees, which can be transplanted and moved to other areas. Mr. Paine said that he would also use some white pine, cedar and balsam fir.

Chairman Howard asked if additional landscaping would be placed on Kilbourn Road. Mr. Paine said that there would be no further landscaping beyond the sidewalk. Mr. Alford said that there are already a lot of trees between the road and the sidewalk, which will remain. Commissioner Sirman asked about additional planting in the back for a big thick buffer. Mr. Dumais said that to put trees in he would have to take trees out. Commissioner Sirman said that the end result is to have a buffered area and to make it look as attractive as possible along Hoskins as the backs of the houses will be seen. She feels they should be well screened.

Commissioner Gardow asked how the town monitors conservation easements. Mr. Voelker said that when the contractor comes in for his permits the town gives him medallions that he is required to put up.

Commissioner Horowitz said that there is ample room in the right-of-way to put a bike path along County Road so he withdraws his suggestion of placing a bike path in the conservation easement.

Chairman Howard asked about the percentage of conservation easement. Mr. Alford said that it is listed on Sheet #1. He said that the conservation easement area is 2.034 and the buildable area is 1.724 acres.

Chairman Howard opened the public hearing up to public comment.

Mark Lacedonia, 16 North Drive, asked that the plantings be monitored so that any gaps along the westerly side such as dead trees be considered for removal and be replaced with healthy vegetation so that there will be a healthy vegetated screen between the new development and the existing homes on North Drive.

Peggy Connole, 104 Hoskins Road, asked if the town has any regulations on the height of fencing. Mr. Voelker said that no building permits are required for fencing six feet and under in height.

Carol Wrobel, 100 Hoskins Road, said that she is greatly disappointed that more consideration for fewer houses was not given to the existing neighbors.

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Jim Gazzola, Briarwood Drive, expressed concern about ground water contamination and that ground water had not been tested. He also said that soil sampling should not have been restricted to 6 inches deep. He feels that the study is biased and asked why the person who did the testing was not at this meeting to discuss the results. Commissioner Carey explained that the Commissioners had received a report and have all read it. She said that all concerns were covered.

Commissioner Katz moved to closed the Public Hearing. The motion was seconded by Commissioner Popik. The motion passed unanimously.

Commissioner Gardow moved that the agenda be modified so discussion and possible vote can be done on this application. Commissioner Katz seconded the motion. The motion passed unanimously.

Commissioner Gardow moved that the 20% open space requirement be waived for this application in consideration of the proposed 39% conservation easements. There has been ample testimony on the buffering aspects that they were seeking in this easement and the plans Landscape Architect, Mr. Paine, has identified the concerns the Commission had about the configuration of this plot of land. It is a very good substitute in lieu of the open space. This also enhances the roadscape and expands the wetland area. The motion was seconded by Commissioner Katz. The motion passed unanimously.

Commissioner Gardow moved to approve the application of Christian Alford, Agent - Red Gate Homes, for a four lot subdivision of property at Kilbourn Road, Hoskins Road and County Road with the modifications that were presented on Alford Associates plans dated 5/7/01 received in the Planning Department on May 8, 2001. These include landscaping on the west side enhancing the gaps with the intent of trying to buffer that area as discussed, landscaping along Kilbourn Road with the intent of buffering that area, Hoskins Road as shown, also as shown the landscaped island and additional landscaping as shown in the plan, the road width of 20 feet as shown, sidewalk 5 feet as shown and curve on private road. Also incorporating the Conservation Commissions requests. Commissioner Horowitz seconded the motion. The motion passed unanimously

IV. PRESENTATION

a. Application of G. S. Associates, Inc. Owner, George Sakellarois, Agent, for a subdivision modification to change from public sewer to septic system on property at 409 Bushy Hill Road.

George Sakellarois, G. S. Associates, discussed the modification request to change from public sewer to septic system on this property. He said that this property is a rear lot with a 15-foot right-of-way for the sewer to be connected to this house. Mr. Sakellarois said the lateral was to be shared by both the rear house and front house, and showed on the plan where the manhole would go. He said that when he went to dig for it he found the soil was solid sand and he could not dig. Mr. Sakellarois said that he found that they would have to pass an existing house 30 feet from the sideline and even with a box there is not anyplace to put the soil. He said that along the right-of-way there are 10 to 18 inch pine trees with low branches spreading out about 20 feet. Mr. Sakellarois said that the man who developed this would not let him cut trees nor the low branches so he cannot put a public sewer in. He said that he has decided to put in a septic system and that the soil has been tested by an Engineer. Mr. Sakellarois said that he has been approved by Farmington Valley Health Department and also approved by the sewer commission.

PLANNING COMMISSION MINUTES

Chairman Howard asked if both houses would be on septic. Mr. Sakellarois said that the front house is on sewer. Commissioner Horowitz asked if the septic area he is proposing is open or are there trees on it. Mr. Sakellarois said that there are two trees in the area and showed this on his plan, but also explained that he can move the tank over to another area, as there is no conservation easement.

Commissioner Katz discussed two items in the staff report. She said that one item is that the staff notified the applicant that the septic system reserve area should be relocated so that it will not disturb the existing vegetation. Mr. Sakellarois said that he is okay with that. Commissioner Katz said that the second item is that staff requests authorization to require a performance bond for the additional landscaping prior to issuance of a certificate of occupancy. Mr. Sakellarois responded that he is okay with that also.

V. DISCUSSION AND POSSIBLE VOTE

a. Application of Christian Alford, Agent - Red Gate Homes, for a four lot subdivision of property atKilbourn Road, Hoskins Road and County Road. (5/26/01)

b. Application of G. S. Associates, Inc., Owner, George Sakellarois, Agent, for a subdivision modification to change from public sewer to septic system on property at 409 Bushy Hill Road.

Commissioner Katz moved for a positive approval for the application of G. S. Associates Inc., Owner, George Sakellarois, Agent, for a subdivision modification to change from public sewer to septic system on property at 409 Bushy Hill Road with the understanding of the conditions listed in the staff report dated May 17, 2001 and the understanding that there will be a mylar showing the improved and enhanced landscaping that was reflected on a previous plan. Also referencing the approvals of the Farmington Valley Health District and the Water Pollution Control Authority. The motion was seconded by Commissioner Popik. The motion passed unanimously.

a. Plan of Development Update

Chairman Howard discussed the preplanning phase of the update of the Plan of Development and what they would need to put together for 2004. She said that they should start with a series of educational type items that would include the public and the commissioners and start this in the fall. She also said that if consultants are to be used they should decide on the scope of their work. Chairman Howard said the Commission would need to decide what should be farmed out and what should be done in-house. Chairman Howard discussed a meeting in Granby sponsored by the Farmington Valley Collaborative she attended with Bill Voelker and other planning people, etc. She said that some towns farm out some of the work and other towns do the whole thing in-house.

Commissioner Carey asked if there is a bookcase in the Planning Department where material will be kept. Mr. Voelker explained that there is renovation going on so he would prefer to try and get space at the reference library and would speak with Susan Bullock about it. Commissioner Gardow asked what

PLANNING COMMISSION MINUTES

publications we have. Mr. Voelker said that copies of some of the Plans of the Development from other towns have come in and there would also be town resources, school enrollment projections, vacant land index, etc.

Chairman Howard suggested listing topics that the Commissioners might want to hear on. Commissioner Popik said that she feels that they should start with reading some materials first and then as they are handling particular sections of the Plan of Development get speakers at that time which apply to that subject.

Commissioner Horowitz suggested that they send out a letter letting the other Commissions know that the Planning Commission is in the early planning stages of the Plan of Development and solicit their written input as to the things that they feel this Commission should be focusing on.

Commissioner Cole asked if there should be deadlines set aside for the reading that should be done. Commissioner Katz suggested that the reading be done over the summer so discussions can begin in the fall. Commissioner Horowitz suggested that when reading a Plan of Development put a post it with a little note on any page that might be of particular interest. Mr. Voelker suggested that they look for things in one plan, which they may not see, in another plan. He said to look at how plans deal with capitol improvements and look at educational, water, sewer and affordable housing issues. Mr. Voelker said to look and see how the plans are structured. He said that the best plans of development would have three major elements. They are data analysis, goals/objectives and action strategies.

Chairman Howard opened the meeting to public comment.

Joan Coe, Whitcomb Drive, said that she would like to be sure that the Planning Commission takes the lead on the Plan of Development. Mrs. Coe said that the public should be involved as the public has a lot of very interesting backgrounds. She also mentioned involving the state in the process as they are the overseer of the Plan of Development. Mrs. Coe said that you need to know what land is already developed and what land is not, where you might want towers to go, and a study should be done on traffic patterns for strip malls. She also questioned why the richer schools are not paying town taxes as the town needs more revenue sources. Mrs. Coe said that the state should be their first resource. Mr. Voelker said that a copy of the state wide Plan of Conservation and Development would be at the Library. Commissioner Gardow asked what state agency is in charge of this plan. Mr. Voelker said that the Office of Policy and Management.

Charity Folk, Chamber of Commerce, asked the Commission to have a process where there could be public input and where the public would know when and how they could formally submit their information. She also suggested that the Commission go through the Plan of Development by chapter order so that the public would know that this is the order of process that the Commissioners are going in and then everyone would know where they are. She also asked that the meetings/agendas be scheduled in advance even by one or two months so everyone would know what chapter the Commission is on. Ms. Folk also requested that when they start doing the discussion of Plan of Development at their regular meetings to schedule the public audience of the Plan of Development from 6:30 to 7:30 p.m.

PLANNING COMMISSION MINUTES

Jewel Gutman said that a lot of people who were never before interested in what goes on in town are now interested. She feels that they should be given the opportunity to understand how the process works.

Ferg Jansen suggested that they should try and have some of the meetings on SCTV.

VII. ANNOUNCEMENTS

a. Review of Telecommunication Tower Issues

Bill Voelker said that there would be a Public Information Meeting on Thursday, June 7, 2001 in the Main Meeting Room at the Town Hall at 7:00 p.m. This is on the application from New England Site Management for a proposed telecommunication tower in Powder Forest, Grist Mill Road. He said that there is also a formal public hearing being held on June 14, 2001 by the Siting Council. This is a two part meeting and will be held at Eno Memorial Hall from 3:00 p.m.- 5:00 p.m. and continued at 7:00 p.m.

Mr. Voelker said that he has been authorized by the Board of Selectmen to do an RFP for a tower to be placed in Town Forest. When it is complete it will be reviewed by Council.

VIII. STAFF REPORTS

Bill Voelker discussed pending legislation on the Post Office Community Partnership Act of 2001. He said that as a Commission or separately they could send a letter to their Representative/Senator on the federal legislation.

Chairman Howard made a motion that as a Commission they send a letter to their Representative on the Post Office Community Partnership Act of 2001. The motion was seconded by Commissioner Bednarcyk. The motion passed unanimously.

Commissioner Cole said that she has the tape from the seminar she went to “sprawl its enemies - the experience of two cities” if anyone would like to borrow it.

IX. APPROVAL OF MINUTES May 8, 2001

Commissioner Katz moved to approve as amended the Minutes of May 8, 2001. The motion was seconded by Commissioner Bednarcyk. The motion passed unanimously.

Changes made on page 1, section III, 4th paragraph, development rights work with tobacco growing land changed to development rights are valued with respect to tobacco growing land. Change made on page

1, section III, 4th paragraph, appraisers do not site tobacco land changed to appraisers do not appraise tobacco.

Changes made on page 2, section IV, 1st paragraph, hiring consultants this summer as there is a lot of material to look through such as old plans, demographics and census materials changed to hiring consultants this summer. Paragraph 3, section IV, 3rd paragraph, invited all other Commissions in to speak changed to invited all other Commissions, groups and members of the public in to speak.

PLANNING COMMISSION MINUTES

Commissioner Horowitz moved to go into Executive Session to discuss personnel matters at 10:15 p.m. Mr. Voelker and the Commission Clerk left the meeting at this time.

The Executive Session and the meeting adjourned at 11:05 p.m.

________________________

Pamela Katz, Secretary