Simsbury, CT - Planning Minutes

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

PLANNING COMMISSION

Pamela Katz, Acting Chairman, called the Regular Meeting of the Simsbury Planning Commission to order at 7:30 p.m. in the Main Meeting Room of the Simsbury Town Offices. The following members were present: Ernest Gardow, Susan Bednarcyk, David Horowitz, Alexis Rankin Popik and Alternates Cynthia Carey and Carol Cole. Elise Sirman arrived at 7:32 p.m. Also present were William Voelker, Director of Community Planning and Development and other interested parties.

APPOINTMENT OF ALTERNATES

Acting Chairman Katz appointed Commissioner Cole to serve for Commissioner Howard.

PUBLIC HEARING (continued from September 25, 2001 meeting)

a. Application of Margaret Donohue, Owner, T. J. Donohue, Jr., Agent, for a 2-lot resubdivision of property at 17 Firetown Road. (October 25, 2001)

Chairman Katz asked the commission members if they had walked the site. All commission members present at this meeting had walked the site.

T. J. Donohue, Jr., Attorney, spoke for his mother, Margaret Donohue, Owner, of the property at 17 Firetown Road. He said that Mrs. Donohue would like to carve off a single R15 lot from her residence lot, build a home there and move into it. Mr. Donohue said that they have a requested a waiver of the open space requirement and feel that it is appropriate in this circumstance. He said that this is a mature corner of town where everything is fully developed and that the character of the lot being established would not change the look of anything. Mr. Donohue said that staff has said that there are some trees of value near the rear of the lot. He said his mother would agree to note on the plan that trees above the 12-inch caliper within the rear lot subdivision would be preserved on the deed and on the plan.

Chairman Katz opened the hearing to Commissioner questions. Commissioner Horowitz expressed concern regarding the proposed driveway and the volume of traffic along this road. He felt that it is an important place to minimize the number of curb cuts. Mr. Donohue said that the lot would have very good lines of sight to exit the driveways. Chairman Katz asked when they did the fill for the driveway if they would be filling the whole front of the lot. Mr. Donohue said the lot would be filled to the level of Mr. Vicevich’s house. Commissioner Sirman asked if Mrs. Donohue would have room to turn around in her driveway to be able to pull out onto the street. Mr. Donohue said yes and showed the turnaround on the plan.

Commissioner Gardow asked if a drainage analysis and study has been done on the lot. Mr. Donohue said it has been done. Mr. Voelker said that site drainage would be evaluated when the final site plan is submitted.

PLANNING COMMISSION MINUTES

Chairman Katz opened the hearing to public comment.

Mary Lou Emlet, 60 West Street, lives in house directly behind 17 Firetown Road. She said that she would like a buffer, either by leaving up the trees, planting a hedge or putting up a fence.

Mark Magdalenski, 41 Old Mill Court (owner 58-60 West Street), showed on the plan where 60 West Street is located. He said that he feels that it is the homeowner’s responsibility to put up a fence or a nice hedge if he feels infringed upon.

Jerry Emlet, 60 West Street, would like to keep their lot private. He also discussed drainage.

Mr. Donohue said that if the Emlets would like a fence along their boundary, he would put this into the plan. He would also take 12-inch caliper trees, note them on the plan and protect those that fall within the 25-foot rear lot set back. Chairman Katz asked approximately how many trees above 12 inches caliper there are that he would be putting in the deed restriction. Mr. Donohue said approximately ten.

Chairman Katz read page 4, paragraph 9b, of the Simsbury Subdivision Regulations regarding the 2/3 vote of the Commission members present on the requirement of 20% of each subdivision or resubdivision to be dedicated to the town as public open space. She also read page 5, paragraph 13 on how the Commission may waive specific requirements under these regulations.

Commissioner Horowitz moved to close the public hearing. The motion was seconded by Commissioner Popik. The motion passed unanimously.

DISCUSSION AND POSSIBLE VOTE

a. Application of Margaret Donohue, Owner, T. J. Donohue, Jr., Agent, for a 2-lot resubdivision of property at 17 Firetown Road. (October 25, 2001)

Commissioner Gardow said that he does not see any need for open space requirement for this application. He said that he is in favor of the application as presented.

Commissioner Horowitz said he would support the application as presented. He said that it is a nicely landscaped buffered larger lot in the area with other R15 lots.

Commissioner Bednarcyk said that she would not support the waiver. She feels that a 20% conservation easement would not take away any type of coverage. She feels this would be a preservation factor for neighbors.

Commissioner Carey said that she feels that a waiver of open space is appropriate. Commissioner Popik and Commissioner Cole both said that they support the application.

PLANNING COMMISSION MINUTES

Commissioner Horowitz moved to waive the requirement for 20% town owned open space and instead requires a deed restriction of lot #2 that preserves 12? caliper trees in the rear setback because:

The condition is of an infill property in a fully developed R15 area surrounded by residential property and there are generally not many infill properties in the vicinity.

The granting of a waiver of town open space should have no significant effect on adjacent property or on public health safety.

The granting of the waiver does not alter or vary other regulations such as zoning and wetlands.

The motion was seconded by Commissioner Cole. The motion passed with Commissioner Bednarcyk opposed.

Commissioner Popik moved to approve the application of Margaret Donohue, Owner, T. J. Donohue, Jr., Agent, for a 2-lot resubdivision of property at 17 Firetown Road. The motion was seconded by Commissioner Gardow. The motion passed with Commissioner Bednarcyk opposed.

Capitol Region Council of Governments (CRCOG) Meeting Schedule for Year 2002.

Each Commission member has received a copy of the CRCOG meeting schedule for the Year 2002. They will discuss sign up for next year’s meetings after elections in November.

Commissioner Cole said that she had gone to the American Planning Association meeting in Massachusetts. She said that the Connecticut Chapter made a presentation and award to Bill Voelker for his efforts on the mediation legislation.

Chairman Katz briefly discussed the report from the Joint Committee on Economic Development that had been distributed by Carol Cole. Commissioner Carey also had been a member of that committee. Chairman Katz recommended that each commissioner should read this when they have an opportunity.

Mr. Voelker gave a brief report on the route 309 scenic road issue. He read a letter from two years ago from the State Department of Transportation dated June 10, 1999.

Commissioner Gardow moved that this Commission request from the State Department of Transportation that Route 309 be designated as a scenic highway. The motion was seconded by Commissioner Popik. The motion passed unanimously.

PLANNING COMMISSION MINUTES

APPROVAL OF MINUTES September 25, 2001

Commissioner Gardow moved to approve the minutes of September 25, 2001 as amended. The motion was seconded by Commissioner Horowitz. The motion passed unanimously.

Change made on page 2, 2nd paragraph –A member of the public to Jim Visevich, the abutter

The meeting was adjourned at 8:45 p.m.

_________________________

Pamela Katz, Secretary