Planning Commission Minutes 04/23/2013 ADOPTED

Meeting date: 
Tuesday, April 23, 2013

PLANNING COMMISSION MINUTES
APRIL 23, 2013
REGULAR MEETING


I. CALL TO ORDER

Michael R. Paine, 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:  Ferg Jansen, Richard Cortes, Gary Lungarini, Robert Kulakowski and Mark Drake.  Also in attendance was Hiram Peck, Director of Planning, Janis Prifti, Commission Clerk, and other interested parties.

Chairman Paine welcomed the attendees and thanked SCTV for filming the proceedings.

Commissioner Jansen made a motion to amend the Agenda to take up first Agenda item "IV.a.  CGS 8-24 Referral:  Capital Improvement Projects".  Commissioner Kulakowski seconded the motion, and it was passed unanimously.


II. SEATING OF ALTERNATES AS NECESSARY

Chairman Paine seated Commissioners Kulakowski, Cortes and Lungarini for a quorum.


IV. DISCUSSION ITEMS

a. CGS 8-24 Referral:  Capital Improvement Projects

Rich Sawitzke provided the Commissioners with a summary sheet regarding Capital Improvement Projects.  He said the majority of these projects are for capital maintenance, roofs, and building maintenance critical to building integrity, as well as boiler replacement for Squadron Line School with a very energy efficient gas boiler.  He said the largest project is for the Farmington River Stream Bank Stabilization at a cost of over $1Million which is paid for out of sewer use funds and is not being bonded.  He said it is very important to protect the Farmington River Stream Bank where it protects the sewer and southwestern part of Simsbury and those costs will be shared with the Town of Avon.  He said another large project is for the center area Charrette implementing the 1st phase to extend the streetscape:  plantings, trees, lighting, sidewalks, brick veneers, widening Station Street to 2-way, and finishing missing sidewalks in the 3 block area of Mallway, Wilcox and Station.   He said this would be coordinated carefully with improvements by the Water Pollution Control Authority as well as private development activities that may occur and with Eno Memorial Hall if the Board of Selectmen decides to place the Center in that area.

Mr. Sawitzke discussed the 2nd handout study recommendations for the Senior Community Center, including potential users, demographics, issues considered, and visits to other facilities by involved seniors.  He is looking in year 1 for design development funding to do 60% design, refine the program, refine the space and do building design in order to prepare for bidding.  He said the full study report is available both in his office and online at the Town website under Social Services Senior Center.  He showed the Commissioners initial schematic boards illustrating the sites under consideration in the Center.  He said for Eno a parking deck is proposed with access from Railroad Street at the lower level and Station Street where current parking exists; the deck would provide entry to the lower and main levels.  He said there would be 2 additions in back and an outdoor patio seating activity area to the south.  He said the extreme lower level would be dedicated to existing mechanicals and SCTV would move into a black box studio which they desire with direct access to their office area from the lower parking deck and stairs to other floors.  He said the next floor up would have access from Station Street with an atrium setup and a glass wall you would see through to the existing brick wall.  He said a key feature is to preserve public areas, e.g. the rotunda and restore elegant areas to use.  He said the center area would be returned to dining with a kitchen, bathroom facilities, and a cafe feature which is important in all senior centers.  He said Committee members and Staff visited senior centers in Glastonbury, Lebanon, Enfield, and Agawam, MA and decided the Agawam center was a good baseline facility model.  He showed the auditorium level with entry area and connectivity to the front, access to elevators and the back, another group of bathrooms, elevator and stairs, fitness room, exercise and activity room, the DAR room preserved as is, the Blue Room would be restored and the offices removed, and the auditorium and historic space preserved.  He said the upper level would be mostly unchanged with north and south conference rooms, the exercise room removed, and the balcony unchanged.  He showed the view from Station Street with the open deck on the back; the deck is completely open from Railroad Street.  He felt Eno has a lot of advantages and synergies with activities at the nearby Library; the parking deck addresses parking and opens up the currently very steep Iron Horse Boulevard.

Mr. Sawitzke said the Committee looked at 12 Town sites and 6 sites in detail with a criteria of not taking private tax paying property off the tax rolls.  He said they also looked at a site at the corner of Bushy Hill and Stratton Brook Roads sitting on top of the hill.  He said it involves a lot of land clearing; utilities are close by but would still have to be brought in.  He said it is a 1-story building on top of the hill with parking on grade and drainage eastward and is close to the aquifer.  Since it is not close to the Library, it would include a mini-library/reading room.  He described the schematic with similar features to Eno; however, Eno is the most cost-effective excluding the parking deck.  He said more formal presentations will be provided to the boards, Board of Selectmen, and the public to get a decision in July.

Mr. Sawitzke said a 3rd site considered was the Performing Arts Center site.  He said it is a very interesting site with many pluses for multi-generational activities but it has a lot of people traffic and the space would need to be shared.  He said Senior Center activities will be very active at the Arts Center with potential conflict for sharing space.  He said the Arts Center is looking for permanent bathrooms, activity rooms, a green room, etc. and these could be shared with a Senior Center. 

He said the estimated costs for the 3 sites are quite similar so they are asking for the design development funding to provide refinement to the space and cost estimates in order to build in a year and a half; the design development money is available.  He said this is the formal 8-24 referral and the main purpose for tonight is to read wording for these projects into the record.

Anita Mielert from the Main Street Partnership spoke about the parking deck and provided a page printed from the Town website showing in the year 2013 $1.85 Million regarding the parking deck.  She said it was the Partnership's understanding this was the condition of the Capital Improvement Program until it fell off the list approved by the Board of Selectmen.  She said they have been working diligently through the public involvement process of the Charrette, the parking audit done by the EPA, working through the 1st Selectmen's office to go through the CIP process waiting your turn until a project comes up, and they applied for a Main Street Investment Fund grant for a half million dollars which would reduce the $1.85 million by that amount.  She said they were ready for this and are upset at this point because the parking deck is only talked about is in conjunction with the Senior Center, but that is not why Main Street zeroed in on this project; it is completely justifiable through business needs, parking needs, downtown circulation needs, the park once policy talked about in the parking audit.  She said they have a lot of information from businesses ringing the Eno area and their crying need for parking solutions.  She said they don't want to be put off until a decision is made in a couple of years about the Senior Center.  She made a last comment about the last paragraph on page 2 regarding where to locate the Senior Center that a decision should be made cautiously to approve planning funds.

Commissioner Cortes made a motion to introduce the following resolution, which was seconded by Commissioner Jansen.

Chairman Paine read the motion #1 into the record that:

RESOLVED, that the Planning Commission of the Town of Simsbury approves the following project pursuant to Section 8-24 of the General Statutes of Connecticut:

Stabilization of the Farmington River Stream bank to protect existing interceptor sewer, contemplated to include clearing the stream bank, grading, placing filter stone and fabric, large rock armoring, and environmental remediation, including survey, engineering, equipment, and permits related to the project.

The resolution was approved by six votes in favor and 0 votes opposed.

Commissioner Kulakowski made a motion to introduce the following resolution, which was seconded by Commissioner Lungarini.

Chairman Paine read motion #2 into the record that:

RESOLVED, that the Planning Commission of the Town of Simsbury approves the following project pursuant to Section 8-24 of the General Statutes of Connecticut:

Emergency generator improvements contemplated to include:  Tarriffville School emergency shelter use study, possible generator, switch and re-circuit; Building & Grounds Service Center 30kw generator and switch; High School Shelter re-circuit to serve kitchen; Library re-circuit to serve boilers for mobile hook-up; Eno Memorial Hall re-circuit to serve boilers for mobile hook-up; EOC/Dispatch Center backup generator, switch and re-circuit, including design, engineering, acquisition, installation and equipment.

The resolution was approved by six votes in favor and 0 votes opposed.

Commissioner Jansen made a motion to introduce the following resolution, which was seconded by Commissioner Lungarini.

Chairman Paine read the motion #3 into the record that:

RESOLVED, that the Planning Commission of the Town of Simsbury approves the following project pursuant to Section 8-24 of the General Statutes of Connecticut:

Town Offices HVAC, carpeting, Main Meeting Room updates, contemplated to include:  first floor carpet replacement; energy efficiency improvements to the HVAC system; and refurnishing of meeting room, including replacement of carpeting, desk, chair, drapes, wall coverings, layout improvements and audio/visual equipment, including design, acquisition, installation and equipment.

The resolution was approved by six votes in favor and 0 votes opposed.

Commissioner Cortes made a motion to introduce the following resolution, which was seconded by Commissioner Lungarini.

Chairman Paine read the motion #4 into the record that:

RESOLVED, that the Planning Commission of the Town of Simsbury approves the following project pursuant to Section 8-24 of the General Statutes of Connecticut:

Town teledata infrastructure improvements contemplated to include a fiber cable connection among the Town Offices, Eno Memorial Hall and the Water Pollution control facility, along with related splice points and related equipment, including design, engineering, site work, construction, installation and equipment.

The resolution was approved by six votes in favor and 0 votes opposed.

Commissioner Cortes made a motion to introduce the following resolution, which was seconded by Commissioner Lungarini.

Chairman Paine read the motion #5 into the record that:

RESOLVED, that the Planning Commission of the Town of Simsbury approves the following project pursuant to Section 8-24 of the General Statutes of Connecticut:

Eno Memorial Hall roof repairs contemplated to include the repointing of 4 chimneys, and improvements to the roofs over the Blue Room, the DAR area and the two flat roofs over each stairwell entry, and the replacement of missing slate roofing tiles, including design, engineering, construction and equipment.

The resolution was approved by six votes in favor and 0 votes opposed.

Commissioner Jansen made a motion to introduce the following resolution, which was seconded by Commissioner Lungarini.

Chairman Paine read the motion #6 into the record that:

RESOLVED, that the Planning Commission of the Town of Simsbury approves the following project pursuant to Section 8-24 of the General Statutes of Connecticut:

Design for a Senior/Community Center based on the selected recommendations of the Senior/Community Center Study.  Design may include renovations, additions and/or new construction at a location selected by the Board of Selectmen.  Work may include architectural and engineering services, testing and related professional services.

The resolution was approved by six votes in favor and 0 votes opposed.

Commissioner Kulakowski made a motion to introduce the following resolution, which was seconded by Commissioner Cortes.

Chairman Paine read the motion #7 into the record that:

RESOLVED, that the Planning Commission of the Town of Simsbury approves the following project pursuant to Section 8-24 of the General Statutes of Connecticut:

Installation of the Department of Public Works Truck Wash, including design, engineering, site work, construction and equipment.

The resolution was approved by six votes in favor and 0 votes opposed.

Commissioner Lungarini made a motion to introduce the following resolution, which was seconded by Commissioner Cortes.

Chairman Paine read the motion #8 into the record that:

RESOLVED, that the Planning Commission of the Town of Simsbury approves the following project pursuant to Section 8-24 of the General Statutes of Connecticut:

Roof replacement at the Town Offices including the flat roofs over the Board of Education offices, the vault and the cat walk, including design, engineering, construction and equipment.

The resolution was approved by six votes in favor and 0 votes opposed.

Commissioner Drake made a motion to introduce the following resolution, which was seconded by Commissioner Cortes.

Chairman Paine read the motion #9 into the record that:

RESOLVED, that the Planning Commission of the Town of Simsbury approves the following project pursuant to Section 8-24 of the General Statutes of Connecticut:

Replacement of 1968 boilers at Squadron Line School with more energy efficient gas system, improved drainage and ventilation systems, including design, engineering, site work, construction, installation and equipment.

The resolution was approved by six votes in favor and 0 votes opposed.

Commissioner Jansen made a motion to introduce the following resolution, which was seconded by Commissioner Cortes.

Chairman Paine read the motion #10 into the record that:

RESOLVED, that the Planning Commission of the Town of Simsbury approves the following project pursuant to Section 8-24 of the General Statutes of Connecticut:

Infrastructure improvements in the Town Center Area, as defined in the Charrette Study, contemplated to include sidewalk, landscaping, lighting, drainage, sewers and underground utilities improvements, including design, engineering, site work, construction, installation and equipment.

The resolution was approved by six votes in favor and 0 votes opposed.


III. PUBLIC HEARING(s)

a. Application #13-03 of Andrew Quirk, PE, of Kratzert, Jones & Assoc. Inc., Agent for Joel and Marilyn Sevick, Owners, requesting a re-subdivision of property located at 46 Hildurcrest Drive (Map C17, Block 404, Lot 010) to allow for the creation of 5 lots. Zone R40.

Mr. Peck stated the hearing was opened and continued at the last meeting and the record should note the Commissioners who took a field walk, the Applicant will present and public comments then taken.  Chairman Paine confirmed that Commissioners Drake, Jansen and Kulakowski  took site walks.

Andrew Quirk, PE of Kratzert, Jones & Associate was accompanied by Ed Ferrigno from Creative Land Subdividers and Paul Meehan, the Applicant representing Team Meehan.  He said the proposal is for a re-subdivision for 5 residential lots off Hildurcrest Drive in the R-40 Zone.  He said presently the site is a 6.2 acre parcel at 46 Hildurcrest Drive with principal residence, accessory garage, barn and out buildings.  He said the rear of the parcel is a mix of soft and hardwood forests and there are no wetlands on site as submitted by soil scientist Henry Muller.  He said the terrain is local watershed crest with non-steep slopes and is served by public sewer, Town drainage and private wells. 

He said the proposal is for a 5-lot re-subdivision with 450 foot linear foot Town road 24 feet wide with Town standard cul de sac; and each lot will be greater than 40,000 sq. ft. as required by regulations with all required front, side and rear yards depicted; the homes are to be served by private well and public sewer extended from Hildurcrest Drive.  He said each lot meets regulations, but for Lot 5's 10,000 sq. ft. buildable area, they are requesting a 4.5 foot waiver of the 80 foot dimension due to an inherent characteristic of the width of the property.  He said this has been done in other subdivisions and additional lot area is provided for Lot 5 at 45,185 sq. ft. 

He said open space is provided by a homeowners association Conservation Easement with a 30-foot perimeter buffer providing screening and buffering to existing adjacent homes; along with conservation areas along Hildurcrest this provides 22.5% of the total parcel to be conserved and conforms with Zoning Regulations, provides streetscape improvements and maintenance, and maintains the sanitary sewer easement. 

He said they provided a detailed progressive stormwater management plan reviewed by the Town Engineer agreeing that peak discharge rates are maintained for the pre-development condition; the plan maintains or reduces peak discharge rates for each of the stormwater directions.  He said the parcel lies at a localized crest of a watershed with discharge in 4 directions; they meet or reduce peak discharge rates in each direction by using low impact developments in combination with an onsite underground detention system; each home will have a rain garden system collecting roof water runoff and promoting groundwater infiltration, and there is high level overflow system from the rain gardens to the Town drainage system in a large event.  He said the underground system will release water at a slower rate than presently.  He said they calculated through a 100-year storm event indicating there is adequate capacity on Hildurcrest Drive, as well as achieving reduction in peak discharge rates. 

Mr. Quirk summarized that the Application meets subdivision regulations, and they request a waiver of the dimension of the buildable square.  He said they have worked closely with Town Staff and with neighbors to address concerns and develop a subdivision in harmony with the area.  He submitted 7 letters signed by neighbors in support of the Application from:  Patrick and Joan Duffy, Stuart Schill, Christa Menzel, Skip Farris, Shawn and Peg Deeley, Mary E. Nielsen, and Daniel and Amanda Alessandrini.

Chairman Paine invited members of the public to speak and identify themselves.

Heather Golden of 50 Hildurcrest Drive felt that a 2-story Colonial does not fit in with harmony and that the front huge rock wall of Murphy's Turn should be toned down and might act to separate the haves and have not's.  She said on her side of the street there are not a lot of trees and is concerned about being able to see neighbors.  She is concerned about drainage and if all 5 acres will be cut down and if only 2 lots are sold, will the other 3 sit there; the trees pull a lot of water until the subdivision is built and the effect on drainage.

Richard Loveland of 1 Hildurcrest Drive said he has spoken to neighbors and expressed surprise that there are neighbors in favor.  He expressed concern about traffic as it is currently difficult to enter/exit driveways.  He said he is a PE and understands Kratzert's calculations and requested a 3rd party review to assure the number accuracy and meet current criteria.  He said the current water runoff prevents some neighbors from mowing their lawns.  He asked if this goes through is there a possibility of improving drainage for the neighborhood as the current system is inadequate.  He and Heather spent significant time at Town Hall reviewing deed documents; when he purchased his property 14 years ago he understood there was a charter for the neighborhood that was a non-written agreement of how homes would be built and was listed in all the deeds.  He said he has none of this information in his deed, but when he put an addition on his home fortunately fell within the intent of a quiet neighborhood feel.  He said 70% of the neighborhood deeds say you cannot have a house over 1 1/2 stories and his concern is that this project will change the neighborhood from a nice small community feel.  He said his concern is with drainage and keeping the feel of the neighborhood.  Regarding the waiver requested tonight, he did not know about it and cramming big homes into a neighborhood lot provides monster shacks.

Trish Witken at 10 Laurel Drive opposes the project as the back of her property faces this project.  She asked the Commission to consider the significant changes on quality of life and enjoyment of their property.  She said concerns include:  loss of privacy to all neighbors:  1) they will see the back of a large home and at their higher elevation they will also look into her backyard - they purchased a Simsbury home for the privacy and yard; 2) she is concerned with the drainage issues with removal of 6 acres of trees as her property has no trees on it - the trees absorb substantial amounts of water and water running off her property to her neighbor’s property who has to sandbag his driveway to prevent spill off into his property - if 6 acres of trees, are removed where will that water go - she fears it will be in their yards - she said the builder suggested she buy a sump pump, but she currently does not need one and does not want one; 3) she has questions about how the project unfolds and when land will be cleared and what happens to the land if the lots are not sold.  She said this type of home seems inappropriate for this area of ranches, capes and Dutch Colonials limited to 1 1/2 stories.  Lastly, she said a lot of wildlife comes through their yards and this may push the deer, turkey, bears, etc. into their living space where their children play.  Finally, she asked that their concerns be considered seriously if this is an inevitable project and assure the plans contain the proper privacy and drainage with the builders bearing the cost and not existing homeowners.

Claudia Ludobichi of 58 Hildurcrest Drive said she has a strong biology background and is an environmentalist and was shocked to see this taking place.  She said the 6 acres of land weren't meant to be accessed and this will reduce privacy and bring in more traffic with large earth moving equipment on the road for a long time.  She was planning to sell her house next year which is the type of house families want, but with big trucks on the road it will now be difficult for her to sell.

Amanda Alison Dreeny of 71 Hildurcrest Drive said she was for the project; if you own 6 acres and are getting ready to retire and need the money for retirement you would say yes to this project.  She suggested understanding the people selling; a house is an investment and this is in the owner's best interest.

Marilyn Sevick accompanied by her husband Joel are the owners of 46 Hildurcrest Drive.  She said their property is unique and mostly wooded and surrounded by 11 abutting neighbors.  She said when they moved in the woods had been unattended for many years and were filled with vines, poison ivy, fallen trees and yard refuse from abutting neighbors and removed 16 decaying Christmas trees from the property.  She and Joel worked diligently to restore the property to a beautiful lot but recent storms have caused trees to fall, including from neighboring yards that have not been cleared.  She said at this time they are no longer willing or able to maintain this large lot; the lot can be enjoyed by no one and may be a fire hazard to neighboring homes.  She said Mr. Ferrigno has proposed a beautiful subdivision and bent over backwards to try and work with each neighbor to create a neighborhood that will enhance Hildurcrest and the neighbors on it.  She said it is inevitable this lot will be developed and it makes most sense to subdivide the acreage utilizing the recommended plans.  She thanked the Commission for their time.

Phil Donohue of 36 Hildurcrest Drive agreed it is an investment, but he did not believe the lot will drain off in 4 equal ways.  He said there are water and drainage problems throughout the neighborhood and at his yard it is 275 yards to a sewer; in the other direction they are every 75 yards on the other side of the street.  He said you cannot ruin everyone else's investment for your own and drainage should be looked at long and hard.

Ken Bruno of 64 Hildurcrest Drive said all the storm drains come down to his front yard and catches in the catch basin in front of his house; recently the Town redid the curbing.  He is concerned about the 15 inch pipe that drains the runoff from the storm drain and empties out about 2/3 of the way through his property and ends up on the pond across the way.  He asked that they come out and look at how that will be managed at his end; in the interim as the project goes forward how will the water be managed so he doesn't have a water park in his front yard.  He is concerned about the flow rate issue and if the 15 inch pipe can manage it and wants to see the engineering plans to avoid problems.

Jim Erasmus of 49 Hildurcrest Drive lives across from the entrance to this property.  He agrees with drainage concerns and asked about maintenance and clean out of the rain gardens and fill rate of the system.  He said an engineering view would be helpful.   He is also concerned about the impact on their wells and water quality with 5 new wells going in, and lawn sprinklers, more bathrooms.  His property does not drain well and wants to assure their drainage rates will be maintained.

Barbara Lee of 11 Laurel Drive represented elderly residents who could not attend.  She has lived on Laurel Drive her whole life and said the reason people live in Simsbury is to have big lots and privacy.  She said there is water in front of her house and has fallen on ice breaking 6 ribs and believes drainage should be looked into further.

Chairman Paine invited the Applicant to address some of these issues raised, but will not be a debate.

Andrew Quirk of Kratzert, et al categorized the comments as follows:  1) Regarding harmony, he understands this home does not have the same deed restrictions.  He said there is nothing in the plans preventing building 1 1/2 story homes, but that is outside the scope of subdivision regulations.  2) Regarding drainage, he said they spent months working with the Town Engineer who insisted they go beyond regulations and include a 100-year storm event.  He said details of the design include their analysis of 4 sub-watersheds at the crest of the hill going in 4 directions and they achieved the peak discharge rate through the 100-year storm event in each of those directions.  He showed a quadrant which presently discharges onto a neighbor’s lot and with a rain garden design will store 1 inch of runoff for that roof area which accommodates 90% of the storms seen in a year, subtracting from runoff dispersed to the offsite areas and is a low-impact development design that works well.  He said overflow will go into the storm drain system as opposed to current runoff with no control and this is the case for each of the homes on the site.  He said they did soil testing - shallow with perc rates and deeper tests - he said there is perched water on the upper levels with gravelly soil below and will not exacerbate groundwater systems on the site.  He said the site will be registered with DEEP and the Town and State require erosion controls both during and after construction.  He said when storm drainage was blocked and throughout the spring it was inspected by the Town Engineer providing independent review and his letter finds these plans and reports meet Town regulations.  3) Regarding earthwork and clearing, he said in the 6.2 acre site 1.4 acres will be preserved through the perimeter of conservation easements, as well as the open space.  He said they worked to make the earthwork a balanced site with removal of earth to the back of the site.  He said the existing drive would be used to remove earth to the back and keep the site stabilized and limit activity.  He said a small decorative wall is proposed for the name of the subdivision.  He said DEEP registration guidelines include seeding and erosion controls on the site and for individual lots.  He said technical comments were received and complied with from WPCA.  He said they received favorable review from FVHD and complied with re-locating one of the wells.  He said the 24 foot road width is in compliance with regulations and they meet highway construction standards. 

Commissioner Cortes asked how water run-off will be mitigated at the end of the cul de sac.  Mr. Quirk said they have extended the storm drainage system to the end of the cul de sac and will be collected by the last catch basin.  Also, for the last 2 homes he showed the location of the rain gardens which also intercept the slope runoff from a 6:1 gentle slope.  He said the homeowners association will maintain the rain gardens and will be in the deeds.  Regarding permeable paving, Mr. Quirk said for the Town road that is not an option but will be present to the homeowners as an option.  He said with low-impact development appropriateness for the soil is looked at and roadside swales are not appropriate here.  He said the roof water collection system will direct to the rain garden and there is a pipe to the Town system; driveways go direct to the road system.  He said most trees on the site are fairly mature and may be supplemented, and trees in the conservation easement will not be cleared; all clearing will be outside the easement.  Regarding the existing storm drainage system being inadequate, he said the Town Engineer required analysis which showed there is adequate capacity for the pipe because of the amount on onsite detention.  Regarding the exit point creating a flooding problem for properties below, he said the storm drainage system shows an outlet that has always been part of it.  He said they have reduced peak discharge rates through the 100-year event at the upper portion detention of the watershed, and they have slowed surface water coming to Hildurcrest reducing sheet flow with water underground.  He confirmed when the development is completed there will be less runoff than currently.  Mr. Ferrigno consulted with Larry Greller regarding the wells, who confirmed Simsbury to have a great aquifer and plenty of water.  Regarding mature trees and planting trees to store water, Mr. Ferrigno had no problem adding a couple of hundred white pine saplings.  Regarding the buildable square on Lot 5, Mr. Quirk clarified it must be 10,000 sq. ft. and the minimum dimension of any one side should be 80 feet; Lot 5 is 45,000 sq. ft. and one side is 75.5 feet and is 4.5 feet short of the requirement and the waiver is for that 4.5 feet.  He said they put additional area on the lot to offset any concerns regarding reduction of the dimension of the buildable square; there is no change to the setbacks.

An audience member asked about minimum frontage from the curb cut and asked it is standard to go to the setback.  Mr. Quirk said the cul de sac requirement is a front yard setback of 50 feet.  Mr. Peck confirmed that meets current regulations.

An audience member asked to have the names of the 7 letters be read into the record.  Mr. Quirk read the names:  Patrick and Joan Duffy, Stuart Schill, Christa Menzel, Skip Farris, Shawn and Peg Deeley, Mary E. Nielsen, and Daniel and Amanda Alessandrini.

An audience member stated her understanding there were no specific plans for 2-story houses, although she was told to look at the houses on Wildwood Road which are 2-story Colonials.  Mr. Ferrigno confirmed that.  She requested not planting any more white pines; Mr. Ferrigno suggested spruce.  Regarding wells she asked if there would be underground sprinklers.  Mr. Ferrigno said if someone requested it they would install it, but there are 20 gallon tanks for the sprinklers so as to not tax the system.  Mr. Quirk said this plan does not indicate 2-story houses and is outside the subdivision plans and is not required to be shown. 

Regarding drainage, Mr. Quirk said there are smaller storm events where there is a reduction in drainage.  He said the soil conditions were fairly uniform throughout the site and were described as fairly well drained which is a qualification used by a soil scientist to indicate they are non-wetland soils.  He said soil profiles are on the plans and are on the 1st page of the Town Engineer's report indicating a compact glacial till within the first 24 inches.  Commissioner Drake noted everyone in that area has drainage problems and as long as the system is not adding to the problem and alleviating it by capturing some of the runoff, he wondered if the type of soil is of benefit.  He said the homes are proposed with gravity footing drains to the Town system and do not rely on sump pumps and drain either into the rain gardens or Town system.  He anticipates the Town Engineer will require under drains for the road way. 

Regarding the stone wall size, Mr. Quirk said it will be less than 4 feet tall and about 40 feet long maximum similar to existing stone walls on the property; there will be no lights.

An audience member said they have not talked to people affected by ponding on their properties; they haven't talked to everyone and addressed major concerns.  He said his back yard is a swamp and the soil does not drain and 5-6 homes in that area get 5-6 feet of water.  Mr. Quirk said the Town Engineer looked at watershed runoff to determine the properties will not have an increase and will either maintain or decrease runoff.

Steve Swenson of 19 Lawton asked how the development will proceed.  Mr. Quirk said road work takes place first and grades done beginning from the middle of the property working toward the back.  He said each lot will be dictated by buyers and home builders based on the economy.  He said the front portion of the lot is cleared and there is 3 1/2 to 4 acres of total clearance with about 2 acres of that for road clearance and as the homes are developed the rest will be cleared and trees between the properties decided on.  He said there will be silt fencing, de-watering basins and diversion areas to control runoff.  He said this is a proposed Town road and the Town Engineer looked at the piping quality and determined it is adequate.  Regarding building pervious roads, Mr. Peck said currently Town roads don't allow for that; pervious pavement works well in parking lots with appropriate sub-surface conditions.

An audience member asked about the silt fencing and Mr. Quirk confirmed it will be along the entire property.

An audience member asked about the 5-year approval and whether the process must be completed in 5 years, and will the approved trees be in writing, and will bulldozers be next to her house for 5 years.  Chairman Paine explained the Commission approves a subdivision plan and the Applicant has 5 years to complete the plan; as part of the approval process, conditions can be put on the plan for drainage, planting abutting screening, putting in and maintaining pipes.  He said if the Town accepts the road, it is the Town's responsibility.  He said Simsbury has an exceptionally good Town Engineer who obviously set stringent requirements for this development.  Mr. Peck said public improvements can be put in but technically no development can take place, but the last subdivision approved by this Commission was completed in 9 months and it is doubtful the developer wants to waste his money.  He confirmed they have 5 years to do the road.  Mr. Quirk added bonding is in place and the Town has the money to complete the road.  Chairman Paine stated the subdivision regulations for the Town have recently been revised and are stronger to assure applicants follow through on promises.

Mr. Peck confirmed they have all the information needed, including the engineer's report, fire marshall report, and health district report.  He said any questions can be provided to him, Rich Sawitzke, or the Town Attorney when the hearing is closed.

An audience member asked what the size of the homes would be.  Mr. Ferrigno said they will be about 3,200 sq. ft.

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

Commissioner Drake suggested having a conference with Rich Sawitzke to answer any questions and reaffirm his opinion.  Mr. Peck said he would give Mr. Sawitzke these questions and suggested the other members take a site walk and set it up through him.  Chairman Paine stated Commissioners should not be having any conversations about this with the public.  Mr. Peck said the Commissioners were allowed to ask the developer questions with Mr. Beach present and as long as the hearing was open.  The Commissioners agreed they would like to hear more from Mr. Sawitzke.  Chairman Paine stated the need for 6 Commissioners to be present at the next meeting; Commissioners Hallenbeck, Rice and Jansen will not be in attendance.


IV. DISCUSSION ITEMS

b. Status of:

  1) Marketing Study

Mr. Peck stated the marketing consultant has been selected and will be setting up stakeholders meetings with Simsbury Main Street, the Chamber, business owners,  business property owners and developers in Town targeted for May 9th at Masonic Hall.  He said the will discuss the concept and break into groups to get specific information on issues.  He will notify the Commissioners when this becomes firm.

  2) Village District Regulation work

Mr. Peck said due to the funding level and desired detail, they are focusing on 1 area from Rte. 185 to Powder Forest Drive and how it might develop in the future.  He said a meeting will be set up in early May with stakeholders in the area.

  3) The Hartford Land Use Study

Mr. Peck said the Hartford has graciously agreed to pay for the bulk of the Charrette Study re what to do with this property.  He said they are looking at possible uses for the property, how it can best be marketed, and to get significant buy in from Town citizens.  He said the RFQ went out last Thursday and they have already received responses from around the country.  He said responses must be in by May 20th, they will interview 2-3 top firms, and the study completed by September.  He said they may need a different set of consultant requirements for this large building which is significant for the Hartford and the Town.


V. COMMUNICATIONS AND ADMINISTRATIVE BUSINESS

Chairman Paine stated that Commissioner Hallenbeck will be unable to attend the next CRCOG meeting; Commissioner Drake volunteered to attend the meeting.


VI. APPROVAL OF MINUTES of April 9, 2013

Approval of the April 9, 2013 minutes was tabled as only 3 Commissioners who were at that meeting were present.


VII. ADJOURNMENT

Commissioner Jansen made a motion to adjourn the meeting at 9:25 p.m.  Commissioner Drake seconded the motion, and it was passed unanimously.

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Michael R. Paine, Chairman