Planning Commission 03/12/2013 ADOPTED

PLANNING COMMISSION MINUTES
MARCH 12, 2013
REGULAR MEETING

I. CALL TO ORDER

Michael R. Paine, Chairman, called the meeting to order at 7:06 p.m. in the Simsbury Public Library Program Room at 725 Hopmeadow Street, Simsbury, Connecticut.  The following members were present:  Ferg Jansen, Richard Cortes, Gary Lungarini, William Rice, and Robert Kulakowski.  Also in attendance were: Howard Beach, Conservation Officer; Janis Prifti, Commission Clerk; and other interested parties.

Chairman Paine thanked SCTV for taping the meetings for Simsbury residents.

II. SEATING OF ALTERNATES AS NECESSARY

Chairman Paine seated alternate Commissioners Lungarini, Kulakowski, and Cortes.

Commissioner Jansen made a motion to amend the Agenda to begin with approving meeting minutes.  Commissioner Drake seconded the motion, and it was passed unanimously.

III. PUBLIC HEARING(s)

a. Application #13-01 of Attorney Thomas W. Fahey, Agent for Dorset Crossing, LLC, Owner, requesting a re-subdivision of property located at 1507 Hopmeadow Street (Map H04, Block 403, Lot 013A), 1515 Hopmeadow Street (Map 104, Block 403, Lot 013), and 1519 Hopmeadow Street (Map H04, Block 403, Lot 13B) to allow for the creation of 2 lots. Zone PAD.

Anthony Giorgio, Managing Director of the Keystone Companies was accompanied by Attorney Fahey and Guy Hesketh.  He stated that a couple of years ago the land use commissions approved the PAD Zone for Dorset Crossing and in the process created about 6 lots and an open space area.  He showed the conceptual plan with Lot A in the front part and final site plan approval for 2-3 buildings, with the first building having been constructed and occupied.  He reviewed the plan to develop approximately 216 market rate apartments.  He said another developer, Mr. Regan, will develop 48 special needs housing units at a 2nd location; Mr. Regan has received site plan approval and as soon as CHFA, DECD and ESS determine funding, they will begin in the spring.  He said they have begun working on Dorset Crossing Road and NU is moving to begin their work. 

Mr. Giorgio reviewed the planned land swap with the Town where Dorset would give the Town 1.07 acres in return for the Town giving them 1.06 acres, but that has not happened to date.  He said at last night’s BOS meeting they discussed that DOT has been unwilling to release the reverter on this property unless the entire parcel is being used for public purposes.  He said Dorset is in a difficult position because they have agreed to make the transfer possible so they can build the Town's road.  He said they are prepared to Quit Claim 1.07 acres to the Town so the Town can give easements to NU.  He added the "baseball field" area for now will remain Town property and Dorset hopes to receive a non-exclusive easement to park on the 1.06 acre area, as long as it is public property; Dorset has shifted the site of the original building and will return to the Commission for final site plan approval.  He said the "eyebrow and ball field" on the map will no longer be part of Dorset Crossing and will be part of Town property; the re-subdivision requested is to re-subdivide this piece off the original Lot B.  He said the market rate apartment developer will come in the next couple of months with a proposal for 166 units, not 216, because the developer did not want to deal with the wetlands crossing, so Dorset is not selling them that piece of land and needs to re-subdivide it for Dorset to retain ownership.  He said Dorset's contract with this developer will close in July after all approvals are in place for Property B for 166 units; this transaction has already been approved by the Commission.  He said Dorset is moving ahead with the road because both developers want to begin work in mid-summer/early fall on the projects.  He wanted to provide the Commission with this background and to clarify where the yellow line shows the Town retaining ownership at this point in time.

Guy Hesketh, Licensed Professional Engineer, of F.A. Hesketh & Associates, represented Dorset Crossing, LLC.  He provided an updated re-subdivision plan; originally 6 lots were approved:  A, B, C, D, E and F.  He said they propose taking the current Lot B and dividing it into 2 lots delineated by the solid blue line with Lot B consisting of 10.09 acres and Lot G at 4.54 acres.  He said the wetland crossing will be maintained with the northeast boundary becoming the boundary for the conservation easement and the probable boundary between Lots B and G; there are no other dimensional changes.  He said separation of these lots is driven by the developer not wanting to do the wetlands crossing and develop the other portion, so Dorset maintains ownership of Lot G.  He said the Master Plan remains as approved, including development of the apartments; the lots are geometrically rearranged; and the Wetlands approval from 2009 remains valid. 

Regarding Lot B, Attorney Fahey clarified they are not requesting a lot line change because they are creating an extra lot so it is a re-subdivision in a Public Hearing.  Without a re-subdivision, he said they are building all the units shown on Lot B originally, but they are not crossing the wetlands to build G, which is a natural division keeping G as a separate lot.  Mr. Giorgio said the Town-owned rectangle was to be part of the land swap with the Town, but DOT will not release the reverter unless they are paid $160,000 for this approximate 1 acre and DOT is not interested in negotiating further.  He said in order to not challenge NU's expansion, and assuming DOT signs off that this will continue under the Town's ownership and Dorset will receive from the Town a non-exclusive right to build a parking lot there if it is required, but they are not asking for that at this point and it is part of documentation presented to DOT by the Town BOS.  He said if DOT signs off, including the potential of a non-exclusive parking right, Dorset will Quit Claim the 1.07-acre property to the Town and move forward.  He said if DOT rejects this, it will place NU in a very difficult position because they need this property to expand.  He said everyone knows where the line is and the Dorset and NU construction people communicate daily.  He hopes DOT will approve it so the Town gains 1.07 acres and Dorset has the option for future public parking and this is the only revision.

Mr. Fahey said Dorset never took title to the 1.06-acre piece of land because during the title search they discovered that DOT sold this land to the Town 30 years ago for $8000 and reserved a reverter, so if any part ceased to be used for the public, the entire parcel would automatically transfer back to DOT.  He said they then contacted the Town Attorney, who met with DOT a number of times, and after a year DOT evaluated the entire parcel and asked for $160,000 for the reverter.  He said that doesn't seem proper, but they have contracts to fulfill and NU is ready to expand their power station, so in the Town Attorney's last meeting with DOT it was agreed, as long as it remains a public parking lot, they would recommend the reverter be released; however, before Dorset transfers title of the 1.07 acres to the Town they are waiting for DOT's letter stating that.  He said the Town Attorney is forwarding to DOT this week all approved documentation. 

Commissioner Rice clarified that in the original application surrounding the land swap the right was reserved for Dorset to return to the Commission if there were changes to the agreed-upon subdivision.  Mr. Giorgio responded the original purpose of today's Application was to create Lot G and clean it up now, as it is unlikely DOT will change their decision and it will not be part of Dorset Crossing.  He said they are deeding 1.07 acres to the Town and would return to the Commission to show Dorset has a non-exclusive right to parking and that the 6000 sq. ft. building will fit.  He said public use remains for the road, the right of way for the road, and utility easements and they cannot take title to the 1.06 acre parking area.  Regarding DOT affecting the economics of the deal for Dorset, Mr. Giorgio said it surely does because if they need the 6000 sq. ft. building and its related parking, he has to build a parking lot, put in related drainage and provide maintenance, but he will not have title; the financing people are working to change those documents also.  He said they are making a future investment in a piece of property they do not own.  Mr. Fahey said it will also limit the type of tenant for that property and the expenses for these changes are being paid by Dorset.  Commissioner Jansen noted that at least no taxes will be paid by Dorset for the 1.06-acre piece of land.  Mr. Giorgio said that land was of no value until it was zoned PAD and today they are requesting the Commission's approval to create Lot G and accept the redefined lot lines.  Regarding the proposed road, he said it will not be affected and Hal Pierce has begun cutting the road, bonding is going in place, and they are proceeding.  Regarding slope requirements, Mr. Beach verified the wetlands are about 10 feet from the parcel so no wetlands approval is required for this re-subdivision; the previous approval remains in place for the balance of the work.

Commissioner Jansen made a motion to approve Application #13-01.  

Commissioner Kulakowski seconded the motion, and it was passed unanimously. 

Commissioner Kulakowski made a motion to close the Public Hearing.

Commissioner Cortes seconded the motion, and it was passed unanimously.

IV. DISCUSSION & POSSIBLE ACTION

a. Application #13-02 of Vera Bruun, Owner, requesting an extension of a re-subdivision approval from March 2008 on property located at 14 Weatherly Road (Map F05, Block 301, Lot 045) and 16 Weatherly Road (Map F05, Block 301, Lot 045). Zone R40.

Mr. Beach stated Application #13-02 is a request for an extension of an approved sub-division; approximately 1 year is left on the existing approval.  He said the Legislature changed the law that any subdivision approved between 2006 and 2009 was automatically extended from 5 years to 6 years.  He said Ms. Bruun has an interested purchaser of the property and would like the extension now to allow the buyer to get financing in place in order to begin developing the property before the approval expires.  He said the wetlands permit also ran for 6 years and at their last meeting they approved a 5-year extension.  He said the re-subdivision was completely approved and expires 3/25/14, which is why they would like to extend it for the new purchaser of the property.  The Commissioners expressed concern about how to legally extend approval and decided they need to consult with the Town Attorney and Connecticut General Statutes.   Commissioner Cortes suggested the Town Guidelines should also address such extensions.

Commissioner Lungarini made a motion to table the Application until clarification from the Town Attorney regarding legal qualifications to extend this. 

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

V. COMMUNICATIONS AND ADMINISTRATIVE BUSINESS

None.

VI. APPROVAL OF MINUTES of February 26, 2013

Commissioner Rice made a motion to approve the February 26, 2013, Meeting Minutes as written. 

Commissioner Kulakowski seconded the motion, and it was passed unanimously.

VII. ADJOURNMENT

Commissioner Jansen made a motion to adjourn the meeting at 7:45 p.m.  Commissioner Kulakowski seconded the motion, and it was passed unanimously.

_____________________________
Michael R. Paine, Chairman