Planning Commission Minutes 01/13/2015
PLANNING COMMISSION MINUTES
JANUARY 13, 2015
REGULAR MEETING
I. CALL TO ORDER
Chairman Ferg Jansen called the meeting to order at 7:03 p.m. in the Simsbury Public Library, Program Room, at 725 Hopmeadow Street. The following members were also present: Richard Cortes, Willliam Rice, Robert Kulakowski, Kevin Prell. Gary Lungarini, and Ron Locandro, Jr. Also in attendance were Hiram Peck, Director of Planning, Janis Prifti, Commission Clerk, and other interested parties. Chairman Jansen thanked SCTV and Ken for taping the meeting.
II. SEATING OF ALTERNATES AS NECESSARY
Chairman Jansen appointed Gary Lungarini to serve as the alternate.
III. PUBLIC HEARING(s)
a. Application #14-02 of Maglieri Development, LLC, Agent; Timothy E. and Elinor E. Ellsworth, Owners, requesting re-subdivision of the property located at East Weatogue Street (Map H11, Block 106, Lot 037) to create 4 lots. Zone R-80. (received 10/14/2014; public hearing must conclude by 01/27/2015)
Application #14-02 was read into the record.
The Applicant's attorney reviewed Application #14-02 requests approval to move forward with a re-subdivision plan creating 4 lots with 3 of those lots zoned R-80; the 90+-acre undeveloped property fronts East Weatogue Street and Talcott Mountain Road and is comprised of a large open meadow and some trees. The attorney indicated creating 4 lots effectuates a lot line realignment; the 1st 2-acre lot would have 235 feet of frontage on the newly created private road; the 2nd 2+acre lot would have 200 feet of private road frontage; the 3rd 5.8-acre lot would have 400+ feet of private road frontage; the remaining 80+acres would have 800 feet of frontage on East Weatogue Street, would not be built on, and would have a 5-acre boundary line adjustment transferred to the adjacent property owner; the remaining 75 acres is currently under contract with a Simsbury Land Trust closing anticipated shortly. The attorney noted a proposed 18-foot wide private access road has been recommended/endorsed by Town Staff with a hammerhead at driveway entrances to the 3 lots, which was approved by the Fire Marshall conditioned upon installed sprinklers in the 3 homes; therefore, a Commission waiver for the 18-foot wide road is requested. The attorney noted the smaller road disturbs less ground and was positively received by the Wetlands Commission. The attorney added that evergreens would be planted to screen this property from an adjacent property owner.
The attorney noted each of the 3 lots would be served by a septic system; they have met the requirement requested in a letter from FVHD for additional tests pits and believe FVHD is satisfied with their proposal. The 3 homes would be serviced by well water. The Attorney noted some easements would be granted; of concern to the Wetlands Commission was an area adjacent to the largest lot with significant wetlands and rain garden for which the Applicant will grant an easement to the Town providing enforcement capabilities. The attorney summarized that the unobtrusive proposal for 3 house lots meets Zoning Regulations, minimally disturbs the lots, and specimen trees not to be disturbed would be marked in the field.
The Applicant's surveyor discussed Town Staff's request for a parcel map showing this 90 acres left from a previous subdivision; this proposal requests re-subdivision for 3 house lots; by lot line revision it also deeds 5 acres to an adjacent neighbor with applicable zoning requirements; and the remaining 75 acres would be deeded to the Simsbury Land Trust. The house lots would be accessed from Talcott Mountain Road via a relatively flat 568-foot long private road. The surveyor showed the Commissioners a map of the entire parcel with roads, utilities, and the 3 proposed house lots which fit the building square and meet R-80 zoning requirements. The surveyor noted FVHD's current approval is for conceptual homes; first, the private road would be cleared, and then as the individual house sites are built, FVHD would require a 20-scale of each lot. As requested by the Town, the surveyor indicated big trees in the meadow would be saved with some trees in the road way to be removed; by deed, the Land Trust would also be provided with access to their property by foot/maintenance vehicles across the private drive and meadow and a 15-foot easement. The surveyor added waivers of both road width and center line radius to be less than 200 feet are requested; some issues remain with the Town Engineer regarding more precise details and a solar access note. The surveyor noted all Zoning and LID requirements would be met, as well as Conservation Commission approved rain gardens and protective plantings providing privacy to an abutting neighbor's tennis court.
Regarding whether an 18-foot wide road is large enough for 2 cars to pass, the surveyor indicated cars/SUVs range from 5 to 7 feet wide and with 18 feet should be able to pass each other. The surveyor confirmed the Fire Marshall approved the 18-foot width with branches cleared to the sky with the homeowners association required to maintain that. The surveyor confirmed they have made the requested adjustments in FVHD's letter and when house plans become specific they will return to FVHD for further approval; approvals will also be obtained from the Town Building Department, and if a house location is moved, they will return to the Conservation Commission for approval.
Regarding sprinkler systems on homes with wells, the Applicant's attorney indicated generators are proposed if power is disrupted; and a required 200-gallon charged tank in the basement would run for 5 minutes. For hillside view protection, the surveyor showed the Commissioners view photos and noted this project is either in a meadow far from the ridge line or in trees.
Town Staff indicated the Applicant went to additional effort to show how the overall open space plan fits into the parcel, including for the Land Trust, and the attorney added that 80 of the 90 acres will remain open space; the 5 acres going to the adjacent neighbor would be added to their existing parcel, subject to Town regulations, and anticipated for use by horses. Attorney Donohue, present on behalf of the Applicant, indicated the 5 acres would be subject to all subdivision regulations and become part of the existing lot functioning as open space. Attorney Donohue thanked the Commission on behalf of the Ellsworth family who have worked to preserve this land for some time and indicated this plan assures the 75 acres will be transferred to the Land Trust; the Land Trust plans to close on the 75 acres within 30 days, as long as this piece of the entire package moves forward. Regarding the relationship of this 75 acres to Tanager Hill open space, Attorney Donohue explained that covenants on Tanager Hill open space provide for its release conditioned upon this proposed 75-acre transaction going forward. The attorney explained the Land Trust previously was unable to get funding to purchase a larger amount of Ellsworth property; funding for the transaction pieces was confirmed by Attorney Donohue to be in place. The Commissioners expressed concern that if the Land Trust closing did not go through, would a subdivision be proposed for the 75 acres in the future, which could be contrary to Commission approval of this Application, or approval could require preservation of a certain amount of open space. Attorney Donohue agreed that if the Commission approved the Application on the condition that the Land Trust be the conservation piece for the 75 acres, that would have to take place.
Town Staff reviewed Commission approval would be required for the road width and center line radius waivers; Staff notes need to be addressed prior to construction, especially for the Town Engineer and Conservation Commission approval; sprinklers should be powered by generators as proposed; and if the 75-acre open space shown on the map were not closed by the Land Trust by the time the map needs to be filed, this decision would return to the Commission for re-examination.
Chairman Jansen invited public comment.
Ann Weld of 5 Heather Lane indicated her property off East Weatogue Street has been impacted by drainage issues related to another development of this property owner and requested there be very detailed conditions for the private road. She felt it was unclear whether the Land Trust acquisition would go through and requested testimony by the property owner given the requested Town waivers and enforcement issues. The Applicant's surveyor responded that, as required in the Conservation Commission approval, easements to the homeowners association would include the Town having the ability to enforce maintenance provisions; and rain gardens would clean and capture surface runoff and filter strips would protect the woods.
Commissioner Kulakowski made a motion to close the Public Hearing.
Commissioner Rice seconded the motion, and it was passed unanimously.
Town Staff summarized that the initial proposal for fee in lieu of open space was discussed by the Conservation Commission which decided based on the proposed map that it was not appropriate; subsequently, they discussed 20% dedication of open space, and the Applicant convinced the Conservation Commission that if the Land Trust acquisition goes through it would more than satisfy the 20% open space requirement. Regarding how open space maintenance would take place, Town Staff indicated the Conservation Commission compromised on the homeowners association undertaking the maintenance with the Town having the ability to do it through an easement, should it become necessary. Town Staff reviewed that as part of the Town Engineer's recommendations, the annual maintenance requirements would be filed on the Land Records to notify anyone researching one of these lots.
Commissioner Lungarini made a motion to approve the Applicant's request for a waiver of the 18-foot road width.
Commissioner Prell seconded the motion, and it was passed unanimously.
Commissioner Lungarini made a motion to approve the waiver of the center line radius, as required in the Town road standards.
Commissioner Kulakowski seconded the motion, and it was approved unanimously.
Commissioner Rice made a motion that Application #14-02 of Maglieri Development, LLC, Agent; Timothy E. and Elinor E. Ellsworth, Owners, requesting re-subdivision of the property located at East Weatogue Street (Map H11, Block 106, Lot 037) to create 4 lots. Zone R-80, be approved with the conditions stated by Mr. Hiram Peck based upon notes indicated by Staff be addressed prior to construction, including those from the Town Engineer, and especially those notes from the Conservation Commission approval, specifically including maintenance documents to be filed on the Land Records. The approval includes the Applicant's proposal that sprinklers would be powered by generators. If the 75 acres of open space shown on the map were not closed on by the Simsbury Land Trust by the time the map needs to be filed, the decision would return to this Commission for reconsideration. The positive results of the waiver votes are included in this motion.
Commissioner Prell seconded the motion, and it was passed unanimously.
The Commissioners commented the proposal strikes a great balance between development and preservation of open space and 75 acres is a generous amount of land to go to the Land Trust on a beautiful piece of property.
b. Application #14-03 of Landworks Development LLC, Agent; Ensign-Bickford Realty Corporation, Owner, requesting re-subdivision of the property located at 225 Powder Forest Drive (Assessor's Map F14, Block 103, Lot 005-5) to create 2 lots. Zone PAD. (received 11/25/2014; public hearing closed 11/25/2014; decision must be rendered by 1/25/2015)
Application #14-03 was read into the record.
The Applicant's representative showed the Commissioners a map of undeveloped Powder Forest subdivision parcels 5 and 6 intended for apartments and condos within the PAD; they are requesting formalization of the map line between Parcels 5 and 6, which have been taxed as 2 pieces; the formal map line is required for Title Insurance. Town Staff confirmed that if a formalized map were found, the Commission's most recent action would take precedence. Ensign-Bickford currently owns the property and their representative confirmed agreement with this proposal.
Commissioner Kulakowski made a motion to approve Application #14-03 of Landworks Development LLC, Agent; Ensign-Bickford Realty Corporation, Owner, requesting re-subdivision of the property located at 225 Powder Forest Drive (Assessor's Map F14, Block 103, Lot 005-5) to create 2 lots, Zone PAD.
Commissioner Prell seconded the motion, and it was passed unanimously.
IV. DISCUSSION OF 2015-2016 BUDGET
Town Staff would like to include in the budget presentation to the BOS items the Commission would like to deal with in the coming year, e.g. completing the Weatogue Village Study which has economic development and planning potential for that area. Town Staff noted Zoning Regulations are planned to be revised this year and involve all commissions and the public; changes to the PAD could be handled internally. The Commissioners suggested a small budget for attendance at training/seminars would be beneficial. Town Staff advised the next Bar Association update is scheduled for March 21st.
The Commissioners discussed in the next two budget cycles providing advanced warning to the BOF regarding hiring outside assistance to update the POCD; Town Staff noted other towns have focused on a more strategic approach for different town areas. Regarding organizations that could describe current planning trends in the state and country for incorporation into the next POCD, Town Staff indicated the American Planning Association Conference will be held in Seattle providing a comprehensive collection of topics that information will be shared with the Commission; a Northeast Regional Planning Conference will be held in Saratoga Springs, which some Commissioners could attend and information will be forwarded to Commissioners; free Partnership of Strong Communities’ meetings in Hartford focus on economic development bringing in experts from across the country and that information can also be forwarded.
The Commissioners noted recent discussion regarding the Town form of government, potential effects on land use commission responsibilities, and overriding State statutory requirements for commissions. Town Staff discussed they are working to assure viable applications come before the commissions, to clean up blighted properties and enforce regulations, and are making progress on open building permits.
The CCROG Commission representative will provide Town Staff input regarding what other CCROG members are considering for their budgets. Town Staff requested input by email from the Commissioners in the next day or two, including projects outside the box.
V. APPROVAL OF MINUTES of November 8, 2014 and November 25, 2014
For the November 8, 2014 Special Meeting Minutes:
Commissioner Kulakowski made a motion to approve the November 8, 2014 Special Meeting Minutes, as written.
Commissioner Rice seconded the motion, and it was passed with Commissioner Prell abstaining
For the November 25, 2014 Regular Meeting Minutes:
Commissioner Rice made a motion to approve the Planning Commission November 25, 2014 minutes, as submitted.
Chairman Jansen seconded the motion, and it was passed with Commissioners Lungarini, Prell and Kulakowski abstaining.
VI. ADJOURNMENT
Commissioner Prell made a motion to adjourn the meeting at 8:15 p.m.
Commissioner Kulakowski seconded the motion, and it was passed unanimously.
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Mark Drake, Secretary