Planning Commission 12/11/2012 ADOPTED

PLANNING COMMISSION MINUTES
DECEMBER 11, 2012
REGULAR MEETING

I. CALL TO ORDER

Michael R. Paine, Chairman, called the meeting to order at 7:01 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, and Robert Kulakowski.  Also in attendance were: Hiram Peck, Director of Planning; Janis Prifti, Commission Clerk; and other interested parties.

II. SEATING OF ALTERNATES

Chairman Paine seated Gary Lungarini, Richard Cortes and Robert Kulakowski.

III. PUBLIC HEARING(s)

1. Application #12-04 of William Ferrigno, Owner, requesting a re-subdivision of property located at 367 West Mountain Road (Assessor's Map A19, Block 503, Lot 002) to allow for the creation of 2 lots. Zone R-40.

Attorney Bob Myers represented Bill Ferrigno, who was also present to answer questions.  He said they previously submitted a proposed re-subdivision where it was determined there are no wetlands, the Erosion and Sedimentation Plan was approved by the Conservation Commission, and following a round of staff comments, the plan was updated.  Mr. Peck said the Town Engineer requested changes are reflected in the plan dated 12/4/12 and the only additional change is that perc tests were done and he read the Farmington Valley Health District letter "Received 12/11/12" into the record; the perc test results are also noted on the map.  He explained the Town Engineer requested: 1) setting iron pins in the lot corners; and 2) to assure grading drainage for the lot created in the rear of the property would not adversely affect abutting properties; Mr. Sawitzke has indicated the plan meets these requirements. 

Mr. Myers added they have also complied with the sign posting requirements; Mr. Peck confirmed that he has a photo of signs posted on the property.  Mr. Peck confirmed based on staff review of land records this is technically a re-subdivision, with the redrawn lot line requiring this public hearing.  He said under the statutes a re-subdivision is obtained when a previous subdivision is either re-subdivided or creates a new lot; this is a new rear lot.  He said the easement to the rear meets all current Zoning Regulations, as do frontage, lot size, and access easements.  Mr. Myers said they actually made the easement wider than before to ensure utilities can come in, and the open space conservation easement around the property will be at 30% to give neighbors a privacy buffer.  Mr. Peck explained the conservation easement is a horse shoe shape around the entire lot and only 20% would be required; the Conservation Commission agreed the 30% over-sized easement protects the rear steep slopes.  Mr. Peck said they took a look at the slope area and it flattens out at the peak top and the oversized easement works well.

Regarding the distance from well to septic, Mr. Myers said the radius from the well is 75 feet, excluding the area for the proposed septic and reserve septic.  Mr. Ferrigno explained the map shows the 75 foot circle from the existing well meets the requirement; Mr. Myers said FVHD reserves the right to require more tests when they actually come in for the permit to build the septic.  Mr. Ferrigno said this lot uses FVHD's standard protocol and exhibits feasibility for a septic system.

Mr. Myers said the current shared driveway serves the existing home and property to the north and requirements limit it to 2 houses; therefore, they are putting in a new driveway to the south of the existing driveway for the existing home; the 2 homes served by the existing driveway will now be the new property and the property to north. 

Chairman Paine invited public comment.  Mr. Peck stated this is a straightforward plan, all Staff questions and those of FVHD have been answered, and it is their opinion only the normal things outlined in his memo need to be done. 

Eugene Flynn of 389 West Mountain Road asked what is required for a frontage lot.  Mr. Peck explained this frontage lot was previously decided at 161 feet and stays the same; the only change here is providing access on a driveway to the rear lot, which has no frontage on the street.  Mr. Flynn said he was told previously when he wanted to develop his rear land he needed to have 200 feet.  He has been in Town for 57 years and intended at the time of purchase to have a separate lot for building later on.  Mr. Peck explained front lots created today require 200 feet in the R40 Zone, but because this subdivision was created in the early '80's when frontage was less is probably why they can do this.  Mr. Peck invited Mr. Flynn to come in and discuss his parcel to see if there is a way to work it out.  Chairman Paine asked, and Mr. Peck confirmed, that in the re-subdivision of this property, the lots will conform in every way.

Regarding the conditions in the staff memo, Mr. Peck said if the Commission approves creation of the lot, then the Applicant will return with a specific plan for a house in a specific place and designed based on the number of bedrooms.  He said at the time of application for a building permit, the FVHD will approve the plan or ask for more changes, testing, etc..  He said before signoff, they look at the building plans to ensure conformance with the approval by the Commission and then the Building Department issues a permit.  Chairman Paine added, following the permit, ultimately a CO will be provided.

Commissioner Kulakowski made a motion to close the Public Hearing.  Commissioner Rice seconded the motion, and it was passed unanimously.

Commissioner Rice made a motion to approve this Application based upon the map package consisting of the Resubdivision Plan and Site Plan last revised 12/4/12, the Grading and Erosion Control Plan last revised 12/4/12, the Sedimentation and Erosion Control Notes last revised 12/4/12, and also contingent upon meeting the conditions proposed in Mr. Hiram Peck's 12/10/12 letter to the Simsbury Planning Commission with 3 stipulations noted in the memo.

Commissioner Lungarini seconded the motion, and it was approved unanimously.

IV. DISCUSSION AND POSSIBLE DECISION

1. Croft Lane road acceptance

Regarding whether Chairman Paine should recuse himself, Mr. Peck did not believe that was required, as this discussion is purely factual with the subdivision already approved; this is to accept the road based on Staff's recommendation.  He said the process for accepting roads includes the Selectmen asking Staff to look at the construction of the road to determine whether it conforms to the approval.  He said the Town Engineer, Rich Sawitzke, looked at the road's construction and provided a letter, which Mr. Peck read into the record, recommending acceptance of the road by the BOS.  Mr. Peck said if the Planning Commission recommends approval to the BOS, it will go to the next BOS meeting for their approval.  The Commissioners asked that the correct letter stamped 12/10/12 be put into the record for Croft Lane and a copy emailed to them. 

Commissioner Jansen made a motion to approve acceptance of the road as approved by the Town Engineer in accordance with drawings submitted, and amended the motion that the relevant Town Engineer letter was stamped "Received 12/10/12".

Commissioner Lungarini seconded the motion, and it was approved unanimously.

Mr. Peck will draft the recommended approval letter to the BOS.

V. COMMUNICATIONS AND ADMINISTRATIVE BUSINESS

Mr. Peck said the consultant doing the Town Center Design Guidelines will probably be back in Town Monday, 1/14/13.  He said the Design Review Board has invited the Planning Commission and Zoning Commission members to attend this training meeting.  He said they also hoping to set up training for the other Land Use Commissions regarding how the Design Guidelines affect review of applications in Town Center.  He said Commissioners should feel free to ask questions at the training.

Regarding the Senior Center expansion, Mr. Peck said it is currently not resolved and they continue to look at 3 sites and their related issues:  1) expansion of Eno Hall; 2) expansion at the Performing Arts Center; and 3) a location at the corner of Bushy Hill and Stratton Brook.  Commissioner Cortes added a 4th location would utilize a parking lot on Iron Horse.

Regarding the Dorset Crossing land swap, Mr. Peck said their attorney is working on final documents with Phase I requiring the Town and developer to exchange properties; the DOT is involved in the land swap because the Town property originally came through an exchange with the State.  He said the Dorset exchange will take place in the original format, but timing depends on when DOT acts.  He said the developer in good faith moving forward and waiting for DOT to act.  He said CL&P would also like to begin improvements to their facility.  He hopes the first phase will take place shortly and expects a call soon from Dorset's attorney that the documents are ready.  He said the developer of the specialty housing units has submitted their application to the State for the required tax breaks they need to go forward and would like to break ground in Spring.

Mr. Peck said Big Y has a hearing in January before the Office of State Traffic Commission for an STC permit and hopes to break ground in Spring.  

Mr. Peck said any new subdivisions will now fall under the new regulations effective 11/15/12, which are available on the newly designed Town website, and he can also provide a printed copy if requested.

VI. APPROVAL OF MINUTES of November 13, 2012

Commissioner Kulakowski made a motion to approve the November 13, 2012, minutes as written. 

Commissioner Rice seconded the motion, and it was approved unanimously.

VII. ADJOURNMENT

Commissioner Jansen made a motion to adjourn the meeting at 7:40 p.m.  Commissioner Kulakowski seconded the motion, and it was passed unanimously.

_____________________________
Michael R. Paine, Chairman