Planning Commission 10/23/2012 ADOPTED
PLANNING COMMISSION MINUTES
OCTOBER 23, 2012
REGULAR MEETING
I. CALL TO ORDER
Michael R. Paine, Chairman, called the meeting to order at 7:02 p.m. in the Main Meeting Room of the Simsbury Town Offices. The following members were present: Ferg Jansen, Richard Cortes, Gary Lungarini, William Rice, Robert Kulakowski and Mark Drake. Also in attendance were: Hiram Peck, Director of Planning; Janis Prifti, Commission Clerk; and other interested parties.
II. SEATING OF ALTERNATES
Chairman Paine appointed Commissioner Kulakowski to serve as an alternate member for Tina Hallenbeck.
III. PUBLIC HEARING
A. Application #12-03 of Timothy E. Ellsworth, Owner, requesting a subdivision of property located at 120 East Weatogue Street (shown on Assessor's Map H12, Block 106, Lot 036 and Assessor's Map H11, Block 106, Lot 037); see lot line revision filed on the Town of Simsbury Land Records 3/5/2012, Map #3977) to allow for the creation of 4 lots. Zone R-40 and R-80.
Mr. Peck stated this is a continuation of the hearing which awaited information from the Wetlands Agency. Chairman Paine re-opened the hearing to the public. Sue Bednarcyk asked about the Wetlands Report and Mr. Peck stated it has been available in the files since 9/21/2012 and he can provide a copy of it to the Commission. T.J. Donohue said for the record the Applicant following last meeting's discussion has submitted a request to the Commission through Town Staff that the open space be fulfilled by an easement greater than the required 20%. Regarding Wetlands referral, Mr. Peck said the Conservation Officer spoke with DEEP, the Attorney General's Office, and the Chairman of the Wetlands Agency; and at this time, the request is only for lot lines to be drawn. He said at the time of development, each lot development application would return to the Enforcement Officer and the Conservation Commission for approval. Mr. Peck explained the initial application review indicated there were no wetlands within 100 feet in a letter dated 9/21/12; subsequently, the Applicant and Conservation Officer decided to consider the wetlands across the street which are within 100 feet and it was reviewed with the Chairman of the Wetlands Agency as described in a letter dated 10/16/12. Chairman Paine opened the discussion to the public.
Sue Bednarcyk of 118 East Weatogue Street lives across the street from the proposed subdivision. She hired an engineer who provided a memo from Meehan & Goodin, P.C., which she read into the record (Attachment 1). Secondly, as she was going through the maps, her side of the road map is incorrect; her family has been on the property since 1921 and bought the property in 1930 and her house was hand built by her father. She said the subdivision was done by Alfred and Associates and in order to fit in another house, they redrew the map, which was not accepted by the Town; the second survey placed the driveway in the middle of the property and overlapped her neighbor's property, rather than ending at her pear tree property line. She said the open space is now a conservation easement with 30% slope. She said the Heather Lane subdivision has 20% open space and is concerned because of flooding behind her neighbor's house and sometimes the street flooding prevents passage. She said Lucy's Brook and another brook come down the hill and go right through one of the lots. She is very concerned about drainage on her property and would like it to be dealt with appropriately and will have to take it further. She said, including the lot on top of the hill, it is a 4-lot subdivision. Regarding the landscape architect signing the map, she believed it should be signed by an engineer. Regarding the 9/11/12 meeting, she asked for clarification as to whether T.J. Donohue represented the Land Trust or the Applicant. She said it is a scenic road with big impacts when it is wet, usually preventing passage on East Weatogue and River Streets.
Julie Myer of 3 East Weatogue Drive asked whether open space is proposed for this subdivision. Mr. Peck said the Applicant is proposing 4+ acres of open space behind the proposed development lots at this time. He said at the previous meeting, they discussed with the Commission whether they would consider the sale of a significant amount of property to the Land Trust as the open space for the subdivision. In the interim, he said they decided to make it simpler for the Commission and have proposed the 4+ acres as the open space on the subdivision property. Mr. Peck said he would provide Ms. Myer with a copy of the topographic map tomorrow.
Ann Weld of Heather Drive, who attended the last meeting and is a new homeowner in the area, asked if full-size maps are available to review. Mr. Peck said the maps have been available in the public file. She clarified this new proposal includes the easement within the 14 acres to the Town and the Applicant can explain the details. Regarding existing drainage for Lot #1 with its existing houses and shared steep driveway with its current drainage, she asked how that will be incorporated and approved so as not to affect East Weatogue Street. She said the culverts on East Weatogue Street that are maintained by the Town appear to feed into 2 streams and her concern is additional drainage from the driveways. She confirmed that buyers of the lots will have to go to the Conservation Commission for approvals and believes that should be clearly written into the approval. She asked how this easement affects the 92-acre piece the Land Trust is attempting to buy, as she supports their effort. Regarding the Town Engineer, she asked if he looked at the driveway drainage plan and its effect on East Weatogue.
Chairman Paine asked for any further public comments and there were none.
Mr. Donohue said they have been through a thorough and transparent process with Town Staff and every issue will be taken up as the development process proceeds; at this time, only lot lines are being drawn. He said issues of drainage are subject to site plans and issues of wetlands can only be dealt with at the time of an application. He has not seen the Meehan report; however, the Applicant will not be rebuilding this section of the road to current Town specs and the Town Engineer took them to great lengths to design the system with no net flow onto the street. Regarding the proposed conservation easement, he said they believed it was better to have something viable for the family and the Town and no waiver. He said they are proposing a 3.2 acre easement, not owned in fee but an ownership in land on the large lot. He said they propose no cutting, except for good forestation practices; no leaves, dumping or structures, and it will be a corridor and re-charge area complementing the rest of the open space. He said a unique feature is if the Land Trust and Ellsworth's are successful, it will extinguish itself upon the Town or Land Trust receiving by gift, grant, or conveyance, 40 acres of the 100-acre piece; but if within the next 5 years the Town, Land Trust and Ellsworths are successful in completing the other transaction, then that easement will extinguish. He said this complies with all Town subdivision requirements and offered to answer any questions.
Regarding whom signs the maps, Mr. Peck stated the surveyor, Robert Weaver, and Clark Engineering both provided copies of maps, and the landscape architect regarding topography. Regarding Mr. Donohue's representation, he said he is a proud member of the Land Trust but has recused himself for the last year and a half from anything regarding this activity and is representing the Ellsworths. Mr. Peck confirmed that developers of the lots will each come in for application approval from the Town. Mr. Donohue stated there are common and municipal laws preventing the lots from shedding excess water onto the street with remedies beyond subdivision requirements; he said it will be treated 100% appropriately by law. Mr. Peck said when the Town Engineer wrote his letter, it is appropriate for the Commission to ensure conditions on the road are not exacerbated, which is what the drainage report from Kevin Clark says. Mr. Peck clarified the Wetlands Officer looked at the proximity of wetlands across the street within the 100-foot review area; on their 2nd look they decided they would have an application when the lots are developed and review at that time any negative impacts, but there is no issue at this time. Mr. Peck agreed no one wants to make the drainage situation worse and if the drainage system is properly installed, it will not make it worse, and may improve it; the Town Engineer was very clear drainage will be on private property with the detention basin on the southern-most lot on that lot, as well. Regarding the existing Lot #1 driveway and any drainage problems and the fact no changes are anticipated, Mr. Peck said if long-term the Town Engineer or Public Works Director decide it is causing a problem on the road, they can cause it to be corrected and remedied. Mr. Peck suggested if the Commission thinks it should be addressed as part of the approval, once the hearing is closed, it can be discussed and a recommendation put into the motion. Mr. Donohue stated the Ellsworths would not let something slide by. Phil Doyle said they were at the site on the 19th also and water was not across the road and stays in the gutter flowing north and south. He said there is a crown to the road and at some point a large storm will flood roads everywhere, but the Ellsworths have made a series of driveway drainage improvements to the drainage. He said the review with the Town Engineer indicated no further changes were necessary. Ms. Weld stated her belief it is in the Planning Board's purview to review Lot #1 for the benefit of the Ellsworths and the neighborhood and make it part of conditional approval. Commissioner Jansen said there are 3 ways to deal with the 20%: 1) open space with tax income lost and no likely use; 2) conservation easement, which is being sought; and 3) fee in lieu. Mr. Peck confirmed the Applicant feels they comply with the Regulations' open space section. Mr. Donohue said the Ellsworths are very appreciative of the Town Staff, Commission, and the neighbors; it is important to note no one has come out against the 3 lots, which will be beautiful lots in the Town. Regarding submission of building applications for each lot, Mr. Peck clarified each one will have to go through reviews by Building, Wetlands, Conservation, and the Town Engineer. Mr. Peck said if the Commission closes the hearing and acts this evening, he has some recommended wording, and the Conservation Commission will review future applications at the time to assure it meets their requirements. He said the Town Engineer has signed off in his letter regarding the subdivision and provided specific comments regarding drainage. He confirmed this Applicant is not providing a development site plan, but is a schematic of one way the lots could be developed and meet both Zoning and Subdivision Regulations. He said anyone coming in with a plan would go through the whole approval process. Regarding the draft conservation easement, Mr. Peck forwarded it to the Town Attorney, who will ensure it conforms to what the Town Attorney requires. He said if the Commission decides to approve that, there is some specific language to be used that he will provide, and at least 5 of 6 Commission members must approve it. He reiterated, should the deal with the Land Trust go through within 5 years, the easement will expire.
Mr. Peck stated for the record that the Meehan letter provided by Ms. Bednarcyk has no signature or seal and requested she provide one for the file. Ms. Bednarcyk stated she needed a complete file. Chairman Paine asked Commissioner Lungarini if he had any further questions, because once the hearing is closed, he cannot ask any questions.
Commissioner Jansen made a motion to close the public hearing. Commissioner Kulakowski seconded the motion, and it was passed unanimously.
Commissioner Drake made a motion to accept the easement in lieu of open space, as written on Page 2 of the proposed approval. Commissioner Jansen seconded the motion. Mr. Peck read from the Resolution dated 10/22/12:
"WHEREAS, the Commission has also received a revised map drawn by Robert L. Weaver, L.S. dated October 15, 2012 showing a designated private conservation easement for 3.44 acres of property located between the existing dwelling and the 3 proposed new lots on East Weatogue Street; and
WHEREAS, the Commission has also received a Conservation Easement document drafted by the applicant's attorney which places a conservation restriction on 3.44 acres (24.39%) of the subject property. This conservation restriction shall be clarified and revised as to form as may be directed by the Town Attorney. The easement is structured so as to become void if not less than 40 acres of adjacent land owned by Timothy E. Ellsworth, et al, cited in the easement is purchased by the Simsbury Land Trust or deeded to the Town of Simsbury or the Simsbury Land Trust as open space within five (5) years of the date of approval. The Commission finds this arrangement acceptable as to open space for this proposal."
The motion was passed unanimously.
Commissioner Jansen made a motion to approve the remainder of the 10/22/12 Resolution document. Commissioner Rice seconded the motion. Mr. Peck read from the Resolution dated 10/22/12:
"WHEREAS, the Planning Commission held a public hearing on October 9 which was continued to October 23, 2012, and took all testimony as required by law; and
WHEREAS, the applicant proposes to divide an existing 14.099 acre parcel of land into four lots, including lot 1 of 11.14 acres, lot 2 of .94 acres, lot 3 of .94 acres and lot 4 of 1.08 acres; and
WHEREAS, the Commission notes that all lots meet the respective lot size for the zone in which they are located; and
WHEREAS, the Commission notes that East Weatogue Street has been designated as a Scenic Road, thus requiring careful review of any changes proposed for the existing Right-of-Way; and
WHEREAS, the Commission has received the final report of the Inland Wetlands Agency dated September 21, 2012, indicating that the subdivision as proposed at this time is acceptable for subdivision purposes; and
WHEREAS, the Commission has also received the Stormwater Drainage Report dated September 20, 2012, from Clark Engineering stating that the post development stormwater flows will be less than or no greater than current stormwater flows for the 10 and 25 year storm events. This report has been reviewed by the Town Engineer in his letter dated October 9, 2012; and
WHEREAS, the Commission has also received a report from the Farmington Valley Health District dated October 5, 2012, which approved the locations shown for the proposed septic systems. The new lots will be provided water service by Aquarion Water.
THEREFORE BE IT RESOLVED, that application #12-03 of Timothy E. Ellsworth, et al, Owners, for a four lot subdivision of property located at 120 East Weatogue Street (shown on Assessor's Map H12, Block 106, Lot 036 and Assessor's Map H11, Block 106, Lot 037; see lot line revision filed on the Town of Simsbury Land Records 3/5/2012, Map #3977) in Zones R-40 and R-80 as shown on plan sheets 1-16 by LADA, P.C., Clark Engineering and Robert R. Weaver, L.S. dated 10/1/12 last revised 10/15/12 and on other submitted materials and reports is hereby approved with modifications.
The following modifications are hereby made a part of this approval and must be complied with as indicated:
1. All required drainage shown on the submitted plans shall be shown on the record subdivision map and shall be installed as shown unless otherwise approved in writing by the Town Engineer.
2. Any revision of the design details of the proposed development of the three (3) new lots either individually or as a group must be approved by the Town Engineer and the Environmental Officer. Any development of any of the three lots may be required by the Environmental Officer to be presented to the Inland Wetlands Commission.
3. If any revisions to the location of the proposed septic systems or the lot grading are proposed, the revised plans may need to be reviewed by the Farmington Valley Health District.
4. Prior to filing of the Conservation Easement document, the Town Attorney may require the revision of the draft Conservation Easement document so as to comply with the Town of Simsbury policies and practices regarding open space.
5. The high level overflow drainage system, in accordance with the Town Engineer's review, requires cross lot easements. As such, these cross lot easements shall be established and shown on the record subdivision map prior to signing and filing on the Simsbury Land Records.
6. Both the record subdivision map and any other required maps showing the conservation easement, as well as the executed Conservation Easement document itself, must be submitted to the land use office for the proper Commission signatures prior to the simultaneous filing of both on the Simsbury Land Records. NOTE: The record mylar map(s) and document must be returned for signing and filing in accordance with the timing contained in applicable Statutes of the State of Connecticut.
7. All permits required for creating the necessary curb cuts and required sight lines for the proposed driveways shall be properly obtained from the Town Engineer and Public Works Director. The fact that East Weatogue Street is a designated Scenic Road shall be kept in mind so that vegetation removal and changes within the right-of-way shall be minimized."
The motion was passed unanimously.
Regarding the impact of Lot #1 and that it has been determined by the Town Engineer to not require any change, the Commissioners did not see it as negatively impacting the Application. The Commissioners commented positively on the proposed easement with the potential for the 92-acre gain later on. Mr. Peck provided a draft motion to the Commission, noting on page 2, 2 paragraphs for the open space motion. The Commissioners agreed it would be best to provide approval with 2 separate motions.
IV. DISCUSSION AND POSSIBLE DECISION
A. Adoption of Subdivision Regulations
Commissioner Rice made a motion to adopt the revised Town of Simsbury Subdivision Regulations as of 11/15/2012 with the condition that the edits that Rich Cortes will send to Hiram Peck are incorporated and have no substantive change to the document. Commissioner Jansen seconded the motion, and it was passed unanimously.
B. CGS 8-3 Referral; Proposed Zoning Regulation
Mr. Peck stated these Regulations will be on the Agenda for the next meeting's official review. He said essentially it is administrative re-numbering and getting everything in the right order. He said it is a referral from the Zoning Commission and includes the State Legislature passed law regarding the palliative use of marijuana. He said the Zoning Commission would like public input and will discuss it at the 11/19/12 meeting; they have not decided whether to hold a public hearing. They are separating administrative issues from more substantive issues; there may be a lot of questions and public comment will be reviewed. He will put the information on SCTV and at the Town Library and if people feel strongly, they should let him know. He said it will come to the Commission for administrative referral.
V. COMMUNICATIONS AND ADMINISTRATIVE BUSINESS
Mr. Peck has submitted to the Selectmen a request to change fees where the Town currently pays $60 State Land Use Fee for every application and he has recommended the Applicant pay that fee. Also, if people don't get the required permits and it is discovered later on, he proposed that the fee be tripled. He said the two Enforcement Officers spend 20-25% of their time on enforcement activities and a tripling of the fee may influence people to go through the normal permit process. He said they have put in minor increases in a couple of places, e.g. $180 for business use is rounded to $200. Mr. Peck said it will be on the BOS 11/14/12 agenda for discussion and approval will come at a later time.
VI. APPROVAL OF MINUTES of October 9, 2012
On Line 60, "Historic Commission" is changed to "Historic District Commission".
Commissioner Kulakowski made a motion to approve the October 9, 2012, minutes as amended. Commissioner Drake seconded the motion, and it was passed unanimously.
VIII. ADJOURNMENT
Commissioner Jansen made a motion to adjourn the meeting at 8:40 p.m. Commissioner Kulakowski seconded the motion, and it was passed unanimously.
_____________________________
Michael R. Paine, Chairman