Planning Commission Minutes 02/11/2014 ADOPTED
PLANNING COMMISSION ADOPTED MINUTES
FEBRUARY 11, 2014
REGULAR MEETING
I. CALL TO ORDER
Ferg Jansen, Chairman, called the meeting to order at 7:00 p.m. in the Main Meeting Room of the Simsbury Town Offices. The following members were present: Alan Needham, Richard Cortes, Gary Lungarini, William Rice, Mark Drake, Robert Kulakowski, Kevin Prell, and Ron Locandro, Jr. Also in attendance were Hiram Peck, Director of Planning, Janis Prifti, Commission Clerk, and other interested parties.
II. SEATING OF ALTERNATES AS NECESSARY
No alternates were required to be seated.
III. PUBLIC HEARING(s)
a. Application #13-08 of Brian Denno, Denno Land Surveying, Applicant; Advantage Contracting, LLC, Owner; requesting re-subdivision of the property located at 70 King Philip Road ( (Map H15, Block 109, Lot 005B) to create 3 lots. Zone R-80. (continued from 01/28/2014)
The Applicant's representative presented changes made following Commission comments at the 1/28/2014 meeting and following the 2/8/2014 field walk. A clean letter has now been received from the Farmington Valley Health District (FVHD). The Applicant met with the neighboring abutter and turned the house location 90 degrees and slightly eastward, decreasing its visible profile. At the Town Engineer's request, and using LID as a guideline, they added a grassland swale on both sides of the road with catch basins and removed a stone swale. They increased the corner radius to 90 feet for fire trucks, further separating the driveway for the new homes from the existing house at 66 King Philip Road. They removed a detention basin, as recommended by the Town Engineer, piping water to an existing drainage system; a rain garden catches water coming down the hill with a pipe underneath running to an enhanced stoneline swale. Housekeeping questions were addressed in notes on the cover sheet, including no garbage pickup and that they are not inside a water supply area. They would continue to provide almost 25% of the site in a conservation easement with postings along the easement to prevent homeowners from entering or cutting trees.
The Contractor agreed to put in sprinkler systems, rather than doing Fee in Lieu Of, as they would provide about 3 acres of open space, which is in excess of requirements. Regarding the existing house remaining at 3 bedrooms, the Contractor explained the house was originally configured for 3 bedrooms and the Town Assessor will be provided with that information.
The Applicant was provided with a copy of the Town Engineer's letter, dated 2/11/2014, and reviewed its points, including: 1) for electric, cable, phone, and gas, utility companies do not like to provide review unless something has been approved, so the Town Engineer requested the easement be shown on the plan; 2) the 19-foot wide driveway area recommended by the Town Engineer and approved by the Fire Marshall will have 15 feet of pavement with under-drains and 2 feet of hard-pack gravel to the surface on each side, unless the Town Engineer feels conditions require the 2-foot sections be paved.
The public was invited to comment. The neighboring resident at 2 Highwood, Bill Gallagher, who also attended the site walk, expressed concern about the effect on his property value due to increased traffic next to their property. The Town Planner explained there is a right-of-way and the Town Engineer has worked to lessen its impact by utilizing the waivers to be discussed; this is the best plan for this situation and the Applicant will provide plantings for screening. The 2 Highwood resident estimated his side property line boundary at about 60 feet and felt plantings would not eliminate the problem, but would help with privacy and could be discussed; it was noted that property elevation could also help. It was clarified driveways should be at least 5 feet from a property line in Town.
Regarding accepting conservation easements in lieu of open space, the Town Planner indicated with no Fee in Lieu Of, typically the Commission looks for 20% open space and this is significantly greater at about 30%. The conservation easement document would be reviewed by the Town Attorney, accepted by the Board of Selectmen, and would be private open space and not maintained as Town open space. In calculating open space area and the effect of steep elevation, it was explained that, while there are some steep areas, because the open space is significantly in excess of 20% the Town Conservation Officer was willing to accept it.
It was summarized that the current plan documents dated 2/9/2014 include: 1) the lots having the current appropriate setback; 2) a request dated 1/28/2014 to waive road regulations; 3) a letter from FVHD dated 2/10/2014 referring to resolution of a number of issues, including assuring a conforming number of bedrooms in the existing house to provide a properly continuously functioning septic system; 4) an unexecuted driveway easement and maintenance agreement, which may be renamed "Private Roadway Agreement"; 5) a memo from the Fire Marshal accepting road width and grade; 6) a CRCOG memo finding no inter-municipal conflict posed by this Application; 7) a memo dated 12/9/2013 from the Conservation Officer finding the Application in keeping with regulations and recommendations for open space; and 8) a number of Town Engineer memos to assure a number of technical aspects are taken care of prior to filing the map and any construction.
Commissioner Rice made a motion to close the Public Hearing. Commissioner Needham seconded the motion, and it was passed unanimously.
The Draft Resolution for Approval of Subdivision:
1. A complete plan set with all revisions shown to date shall be properly signed and sealed by a licensed professional engineer and submitted prior to issuance of any zoning Certificates of Compliance of issuance of any permits for the subject lots.
2. The Commission finds the requested waivers acceptable in light of the following:
a. The existing topography and grade of the existing access way are steep. Requiring the Applicant to construct the new private road to the required grade and required paved width would require cuts and grading in excess of what would be in the best interest of the environment in the area.
b. The requested reduction in paved road width is granted in accordance with the Fire Marshal's memo of December 10, 2013.
c. The maintenance of the private roadway appears to be adequately covered in the proposed driveway easement and maintenance agreement. The term private roadway should be used throughout the easement and maintenance document.
3. The Commission notes the February 10, 2014 memo from the FVHD (Farmington Valley Health District) leaves modification of the existing dwelling in an unclear status. As a result, the Commission requires the Applicant to make the required modifications to the structure and to allow the Simsbury Building official to confirm this work has been completed to his satisfaction prior to the issuance of any further permits for any of the 3 lots.
4. The Commission notes that the Applicant provided a conservation easement area on the record subdivision map. This area equals 30% of the site. In addition, the Applicant in acknowledgement for considerations on various aspects of the subdivision offers a Fee in Lieu Of Open Space of $2,500 per lot in accordance with the Simsbury Subdivision regulations Article 11, Section 15 and Appendix 2 (6). The Commission accepts this offer. The fee shall be paid to the Town prior to the transfer of any/each of the 3 lots. (This section was deleted from the approved motion.)
5. Final signed and sealed set of plans are to be submitted to the Town Engineer for final technical review and approval prior to any further signoff with regard to any aspect of this property. The Town Engineer's final review regarding any technical aspect of the proposed development shall be agreed to and completed by the Applicant.
6. Erosion and Sedimentation control bonding is important in this situation. The amount of such bond requirement shall be determined by the Town Engineer. This bond shall be in a form acceptable to the Town Attorney and shall be required as permitted by the most recent revision of the CGS applicable to this bonding.
7. Any proposed site development of the lots is required to be reviewed by the Environmental Officer to determine if any additional reviews are required prior to actual development on the lots.
8. Staff shall submit a copy of the proposed private roadway easement and maintenance agreement to the Town Attorney for review and approval. Upon approval, the document shall be executed and filed on the Simsbury Land Records after any necessary approvals by the Board of Selectmen, if necessary according to the Town Attorney.
With the above modifications, the Application is proposed to be approved.
It was clarified that the Town Planning Department would coordinate the Applicant meeting the approved requirements, with the decision letter copied to the Town Engineer, Building Official, Tax Assessor, Town Clerk, and Fire Marshal noting the agreement to provide plantings for the abutting property.
Commissioner Kulakowski made a motion to accept the Draft Resolution for Applicant #13-08 of Brian Denno, Denno Land Surveying, Applicant; Advantage Contracting, LLC, Owner; requesting re-subdivision of the property located at 70 King Philip Road ( (Map H15, Block 109, Lot 005B) to create 3 lots Zoned R-80 minus Section 4 and add to Section 2.b. request reduction in paved road width is granted in accordance with the Fire Marshall's memo of December 20, 2013, with the approval of the Town Engineer. Commissioner Prell seconded the motion. (The motion was tabled for discussion pending discussion and vote on waivers as follows.)
Commissioner Rice made a motion to accept the waiver of maximum road grade of 8% be allowed to go to 10% on the new private road. Commissioner Prell seconded the motion, and it was a passed unanimously.
Commissioner Rice made a motion to approve the waiver of the private roadway width from the Town standard of 24 feet to 15 feet with 2 feet of stable gravel apron on each side that may be amended by the Town Engineer when the development is going on if he deems it not suitable, the Applicant will pave that area as well. Commissioner Drake seconded the motion, and it was passed unanimously.
The Applicant was complimented by the Commission for doing a nice job in complying with all the constraints surrounding this Application.
The motion to accept the Draft Resolution for Applicant #13-08 was passed unanimously.
IV. DISCUSSION ITEMS
a. Status of ongoing projects:
* Marketing Study Phase 2
The BOS on 2/12/2014 will appoint volunteer members to the Economic Development Task Force and would like a representative from the Planning Commission, as well as Zoning, Economic Development, Main Street and the Chamber.
* The Hartford, Draft Code status
Gateway Planning will return with a Draft Code for the Hartford property on 2/18/2014 with a public meeting to be held in the Library at 6 p.m.; a notice has been provided to all land use commissions inviting their attendance. In the meantime, please provide any questions to the Town Planner. Gateway has primarily been paid by the Hartford and their realtor, CBRE, has been involved in the entire process; the Hartford also has their own consultant. Because it is not yet known what will happen on this property and there will be at different plans for the northern and southern portions of the property, a flexible regulation is required to accommodate various scenarios, e.g. agriculture, development, etc. The same information discussed at the Chamber meeting will be discussed at the Library public meeting.
V. COMMUNICATIONS AND ADMINISTRATIVE BUSINESS
Commission attendees for the CRCOG meetings will be: on 3/20/14 Commissioners Rice and Drake; on 5/15/14 Commissioners Rice and Jansen; on 9/18/14 Commissioners Jansen and Prell; and on 11/20/14 Commissioners Prell and Kulakowski. If a conflict arises, the Commissioner should call Chairman Jansen. The CRCOG meetings take place on the 3rd Thursday every other month at the West Hartford Town Hall, 4th Floor directly above the Atrium entrance, with parking validation in the meeting room.
It was noted the Commission’s first alternate is Rich Cortes, the second alternate is Gary Lungarini, and the third alternate is Ron Locandro, Jr.
Regarding Zoning's consideration of the number of apartment units under development and the number needed in overall Town development, the Town Planner is putting information together, which will be referred to this Commission for comment. State Statute 8-30G requires the suburbs provide a minimum of 10% of their housing in affordable units, and Zoning requirements do not apply to those areas with affordable housing developments. The Workforce housing alternative provides 6 different subzones, any one of which could provide affordable housing, e.g. Plank Hill (R15 Zone). Dorset Crossing's Eastpointe development would have 7 buildings with 168 units, pool, and clubhouse, but construction has not begun. Meadowood has 299 single-family units and construction has not begun, but is required to begin by 2017 and will likely be done in phases; 74 units would qualify under 8-30G. The affordable units have to be built on a pro-rated basis and remain affordable for 20-40 years; the inhabitants must have qualifying income and the 74 affordable units are smaller size. For the affordable units, they could be rented or purchased for no more than 30% of the inhabitant’s income - using the State median income, e.g. a $30,000 income that acts to cap the sale price. A strong residential base requiring consumer services will cause the retail market segment in Town to flourish. There is potential for apartment complexes constructed to be converted in the future to ownership. The Planning Commission has input into proposed subdivisions. It was explained that overlay zones are on top of other zones and the original zoning requirements remain. However, PADs are designed to replace the original zone and the Commission can recommend denial, leaving the original zone in place; a PAD must be accompanied by a conceptual plan.
The next POCD is due in 2017 and the process will begin next year. It may be split into two parts: 1) an implementation plan; and 2) a strategic plan.
VI. APPROVAL OF MINUTES of January 28, 2014
The January 28, 2014 minutes were amended as follows:
On Line 11, the name "Ron Locandro" is corrected to "Ron Locandro, Jr.".
On Line 25, the word "new" is deleted and replaced with "15-foot wide private".
On Lines 25 and 26, the words "and add a service road that is 15ft wide" are deleted.
On Line 30, the sentence "Mr. Denno added that the service road will be private." is deleted.
On Line 31, the word "service" is deleted and replaced with the word "private".
Commissioner Kulakowski made a motion to approve the January 28, 2014 minutes, as amended. Commissioner Prell seconded the motion, and it was passed unanimously.
VII. ADJOURNMENT
Commissioner Prell made a motion to adjourn the meeting at 8:20 p.m. Commissioner Kulakowski seconded the motion, and it was passed unanimously.
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Mark Drake, Secretary