Planning Commission Minutes 05/14/2013 ADOPTED
PLANNING COMMISSION MINUTES
MAY 14, 2013
REGULAR MEETING
I. CALL TO ORDER
Tina E. Hallenbeck, Acting Chairman, called the meeting to order at 7:02 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, Kevin Prell, and Mark Drake. Also in attendance was Hiram Peck, Director of Planning, Janis Prifti, Commission Clerk, and other interested parties.
II. SEATING OF ALTERNATES AS NECESSARY
Chairman Hallenbeck seated Commissioner Kulakowski to serve as an alternate member for William Rice and Commissioner Lungarini to serve as an alternate for Michael R. Paine.
III. DISCUSSION & POSSIBLE ACTION
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.
At the last meeting, a Public Hearing was held and a number of Commissioners had drainage questions for the Town Engineer about the project; his comments: In summary, Simsbury's stormwater management plan calls for systems to not increase peak rates of runoff. For this project, they looked at Nod Brook and assured runoff would be delayed long enough so it is beyond the Nod Brook's peak. Looking first at existing runoff, they then look at increased runoff from roofs and streets, and calculate the difference between existing and proposed which must be controlled and storable and kept the same. Another question is runoff direct from a property that does not go into a brook or channel with the requirement it not increase. The high ridge through this property's center currently has water runoff with some absorption and then hitting relatively impervious hardpan. The Hildurcrest drainage system has catch basins, pipes and a system through an easement through a channel and to a brook system on Bushy Hill Road. Critical areas were denoted on a map and ascertained to not overflow and velocity or runoff would not increase. Methods to prevent overflow include building a pond, with good soil conditions and stone water goes into the ground, and in a situation like this an underground structure has been built under the street to store excess water with a small diameter pipe at the end of the system releasing the water overtime slowly. In this subdivision, the proposed road becomes a low point with excess water directed to the street, into the catch basins, into the holding chamber with pipes deep enough to hold all the runoff. The roof runoff comes into rain gardens for the first 3 homes decreasing overland flow more than previously. The underground storage system picks up the increased amount of rain, e.g. for a 10-year storm event. Most important is calculation of the runoff coefficients which are influenced by the number of trees, roofs, lawns, land slope, and the storm event provides the number of feet/second; in this case it will runoff more slowly.
Regarding existing property's drainage problems, this will take away surface water for immediate close houses and reduce overland flow. Soil allows water absorption to a point; high ground water just happens in a big rain event, except for regional high ground water. Here public sanitary sewers will go under this street on a stone bed and when the pipes are put in at the bottom of the hill they will be perforated which may reduce the regional high ground water. Properties at the back side will experience moderate improvement and captures much of the surface runoff. This type of system exists elsewhere in Town and public workers maintain it; once a year the system is vacuumed and swept. It is important during construction to maintain erosion control and property owners must maintain the rain gardens on their property, although they are a small factor to the solution.
The buildable rectangle for Lot #5 is 4.5 feet short on one side; the buildable rectangle is a lot shape requirement not a lot size requirement; the lot size minimum is 40,000 sq. ft. and Lot. #5 is in excess of 45,000 sq. ft.; this lot is a little longer than it is rectangular and a waiver is requested from the Commission as follows:
The applicant has requested a waiver of the “buildable rectangle” on lot 5. The buildable rectangle is 4.5 feet shy of the required dimension as shown on sheet S-1 of the subdivision application map package.
It should be noted that this waiver is not for lot size or any lot setback requirement and that any and all structures on the lot will be required to meet all existing setback requirements in effect.
It is also noted that while the subject lot is located in the R-40 zone, requiring a minimum of 40,000 square feet, the proposed lot is oversized and contains 45,185 square feet. In addition, one area of open space, a parcel of 7,569 is also located just off the lot on the west side to the sanitary sewer easement.
In addition, the lot also abuts a necessary 20 foot wide sanitary sewer easement which will allow the sanitary sewer to be constructed from Hildurcrest to the proposed cul-de-sac.
On this waiver request as stated in Article II, Section 6.K., the Commission finds the following:
1. Based on the maps and submitted materials the condition, being the deficit of 4.5 feet in the building rectangle, affects only the subject lot and is not generally applicable to the other land in the area.
2. The granting of this waiver will not have an adverse effect on adjacent property as the required structure and building setbacks are still required to be met. In addition, the property is served by municipal sanitary sewer and has been studied with regard to stormwater drainage conditions. Based upon written submissions and testimony from the Applicant's engineer and Town Staff determinations, the waiver will not have an adverse effect on public health and safety.
3. The granting of this waiver will not have a significant adverse effect on the appropriate and orderly development of the area or hinder appropriate development or use of land on adjoining properties.
4. This waiver is not for the purpose of creating any additional building lots and is necessary to further the intent of the Subdivision Regulations and the Plan of Conservation and Development.
Commissioner Drake made a motion to approve the waiver as written. Commissioner Kulakowski seconded the motion, and it was passed unanimously.
RE: 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.
WHEREAS, the Simsbury Planning Commission held a public hearing on April 9, 2013 and a field walk on April 20, 2013 and a second public hearing session on April 23, 2013 and took all testimony as required by law; and
WHEREAS, the Commission notes the application materials were submitted by the applicant and reviewed by staff as shown in Town Planner’s memo dated April 22, 2013; and
WHEREAS, the Commission finds the application meets the requirements of the Simsbury subdivision regulations as stated in the Town Planner’s and Town Engineer’s review reports; and
WHEREAS, the Commission finds the proposal for the open space being deeded to the homeowners association and the conservation easement area of 1.40 acres which is 22.5% of the property, to be acceptable; and
WHEREAS, the Commission finds the proposed 24 foot road width to be in keeping with the Town road standards for a local access street with an average daily traffic of approximately 50 vehicle trips per day after the development is built out as recommended by the Town Engineer as part of the Highway Construction and Design Standards in his local access street memo dated May 14, 1996.
THEREFOR BE IT RESOLVED, that application#13-03 of Andrew Quirk, PE, of Kratzert and Jones & Assoc. Inc., Agent for Joel and Marilyn Sevick, owners, requesting a resubdivision of property located at 46 Hildurcrest Drive (Map C17, Block 404, Lot 010) to allow for the creation of 5 lots in the R-40 zone is hereby approved with modifications. Modifications are as follow and must be addressed as indicated:
1. A Proposed Conservation Easement document using the Town model easement document is to be submitted to the Town attorney for his review and approval. A copy of this document must be filed at the same time as the record mylar subdivision map is filed with the Town Clerk on the Simsbury land records.
2. A record mylar subdivision map and filing fee, along with the above noted conservation easement document is to be submitted to the Land Use Office for signing prior to recording on the Simsbury Land Records.
3. The applicant shall contact the Town Engineer to discuss which maps, besides the record mylar subdivision map need to be submitted and whether in mylar or paper form.
4. The applicant is to contact the Town Engineer to determine whether an erosion and sedimentation control bond is required, and if so the amount and form of such bond.
5. The applicant or his agent shall contact the Town Land Use office to set up a pre-construction meeting with all applicable individuals and Town Staff. No construction activities shall take place in advance of the pre-construction meeting.
6. The applicant is to contact the WPCA to determine the scheduling of any construction activities in regard to the proposed municipal sewer installation and any associated work.
7. Deeds for cul-de-sac right of way shall be properly prepared and submitted to the Town Engineer and the Town Attorney before review and acceptance by the Simsbury Board of Selectmen.
8. The applicant shall continue working with the abutting property owners to discuss and work with the neighbors on border plantings as were discussed during the public hearing on this matter.
Commissioner Lungarini made a motion to approve Application #13-03 as modified. Commissioner Drake seconded the motion, and it was passed unanimously.
For Application #13-03, Commissioners Lungarini and Cortes took site walks.
b. Application #13-04 of Richard Meehan, Agent for 241-245 Hopmeadow Street, LLC, Owner, requesting a subdivision of property located at 241-245 Hopmeadow Street (Map F16, Block 116, Lot 003B) to allow for the creation of 2 lots. Zone I-2.
This is a simple division of a 1-lot parcel into 2 lots; the parcel was zoned I-2 in February 2013. The proposal is to divide the Farmington Valley Racquet Club into a 4.41 acre parcel and just under 1 acre for a small 11,000 sq. ft. office building on the property. There is inadequate parking for the office building and they propose shared parking with the Racquet Club. The Town requires the Club to have 79 spaces and the office 41 spaces; currently, parking is non-conforming with 95 parking spaces at the Club and they propose sharing parking with the office building. Parking history indicates the 95 spaces provide plenty of parking for both buildings. There is a designated watercourse on the northwest corner of the property and a small area where drainage discharges from the parking lot has morphed into a wetland; an application to the Wetlands Commission has been made and will be handled administratively. The property remains as is except for placement of 4 iron pins and the creation of a separate building ownership entity for the #245 building. A waiver is requested from those portions of the Subdivision Regulations dealing with transvaporation, coefficient of runoff and related items. This is a declaration of restrictions and easements so each of the parking spaces currently used remain that way and are linked together for these 2 properties and continue with their future use. Any future owner wanting to use the property differently would have to file an application. The Club has been at this location since 1941 and operates from 6 a.m. to 11 p.m. daily.
The motion was read into the record as follows:
WHEREAS, the Commission held a public meeting on May 14, 2013 and took all testimony as required by law; and
WHEREAS, The Commission finds the applicant proposes to divide his existing property containing two (2) main structures, including a racquet club and an office building, into 2 lots; and
WHEREAS, the applicant also states that he has no plans for the development of the property above what is already developed at the present time; and
WHEREAS, the applicant has also provided a draft easement document granting reciprocal rights between the two (2) lots to parking and other necessary infrastructure so that the lots will continue to physically function as they currently do; and
WHEREAS, the Commission finds that an Administrative Permit for this division has been granted by the Conservation Officer as no development on the property is proposed at this time; and
WHEREAS, the applicant has stated that the Declaration of Easements and Covenants shall remain on both properties unless or until the Planning Commission, via formal application, decides they are no longer necessary and applicable to the properties.
THEREFOR BE IT RESOLVED, that it is hereby approved with modifications. The modifications are as follows and must be addressed as indicated:
1. The draft Declaration of Easements and Covenants shall be reviewed by the Town Attorney. Any required revisions shall be made by the applicant.
2. The Applicant shall provide 2 properly signed and sealed record subdivision mylars, with an appropriate Commission signature block to the Land Use Office.
3. The applicant shall submit the original, executed, Town Attorney approved, Declaration of Easements and Covenants to the Land Use Office.
4. The record mylar and the executed Declaration of Easements and Covenants shall be recorded at the same time in the Office of the Simsbury Town Clerk.
Commissioner Jansen made a motion to approve Application #13-04 following the text of the motion in its entirety as read into the record. Commissioner Drake seconded the motion, and it was passed unanimously.
IV. DISCUSSION ITEMS
a. Discussion of ongoing Town consulting projects
Last Thursday, Fairweather Consultants, who is conducting the Town-wide marketing study, met at Masonic Hall met with mostly business people for discussions to learn the "truth" of this place and how to attract outside businesses and grow existing businesses. A number of land use commissioners attended the meeting; material from the meetings has since been distributed to other Commissioners requesting a response to questions on pages 7, 8, 9 and 10 or alternatively answer those questions on the website at Simsburystrategy.com; the comments need to be provided to the consultant by May 21st. Funding is available for Phase I this year to determine what is here and what does the Town want to attract; Phase II requires more significant funding and will provide a plan to get more businesses into the Town.
The Village District Study funding is available for one district and will begin with Weatogue from Rte. 185 to Powder Forest and both sides of Rte. 10. The presentation by the consultant is available on SCTV. Input was received from area landowners, including if in the future the Mitchell family decides to close their business, what are some alternatives for that property. The Rte.10 Corridor Study provides a fair amount of information. Sidewalks providing greater safety for area pedestrians were discussed, as well as what buildings should stay. The Commissioners were invited to participate in future meetings. Completion of Phase I is planned for June 30th.
The Hartford Land Use Charrette is planned to be underway by September; RFQs are due back by May 20th with selection of several high-quality teams anticipated. The property contains 172 acres and two real estate firms selected by the Hartford have indicated willingness to work with the Town. This will be a transparent process and keeping the area an open field has a significant cost to it. There may be a number of different users for this property and this study will help determine that.
V. COMMUNICATIONS AND ADMINISTRATIVE BUSINESS
A CRCOG meeting is scheduled for Thursday, May 16th for a regional plan update on public water and sewer, watersheds and water quality, regional housing, zoning, and what's new in my town.
Big Y is completing the new DOT process and has missed the construction season; if they start in July, they will open in early 2014.
Regarding the Senior Community Center, selecting the site before expending design funding seems logical and all land use commissions should be part of the process; Dick Ostop is Chairman of committee. The downtown Charrette discusses a number of these items allowed.
VI. APPROVAL OF MINUTES of April 23, 2013
On Lines 271 and 272, the words, "Commissioners Drake and Kulakowski took a site walk." are changed to read, "Commissioners Drake, Jansen and Kulakowski took site walks."
On Line 328, the word "part" is corrected to "party".
On Line 434, "he said the" is corrected to "he said they".
On Line 461, the words "and this area of Simsbury has a great aquifer and there plenty of water." are deleted, and the words "who confirmed Simsbury to have a great aquifer and plenty of water." are inserted in its place.
Commissioner Kulakowski made a motion to approve the April 23, 2013 minutes as amended. Commissioner Drake seconded the motion, and it was approved unanimously.
VII. ADJOURNMENT
Commissioner Jansen made a motion to adjourn the meeting at 8:10 p.m. Commissioner Hallenbeck seconded the motion, and it was passed unanimously.
_____________________________
Tina E. Hallenbeck, Acting Chairman