Planning Commission Minutes 10/14/2014 ADOPTED

PLANNING COMMISSION MINUTES

OCTOBER 14, 2014

REGULAR MEETING

I.          CALL TO ORDER

Chairman Ferg Jansen 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, 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

Chairman Jansen seated Commissioner Locandro for William Rice.

III.       PUBLIC HEARING(s)

a.         Application #14-01 of Ed Lally and Associates, Inc., Agent; Randy E. and Shelly Swinford, Owners, requesting re-subdivision of the property located at 5 Pinnacle Mountain Road (Map H11, Block 106, Lot 001) to create 2 lots. Zone R-40. (continued from 9/9/2014, public hearing must conclude by 10/14/2014)

Application #14-01 was read into the record.

The Applicant's engineer reviewed the property contains 7.163 acres along the northwest side of Pinnacle Mountain Road and is generally rectangular in shape due to the nature of the road.  The site was described as sloping away from Pinnacle Mountain Road toward Terry's Plain Road and mostly wooded with some open space; there are no wetlands on the property.   The existing home on the south end of the property is served by public water and has a private septic system and would be Lot #1 with 148,050 sq. ft. in the proposed subdivision.  Lot #2 would be for a new single family home and contain 163,972 sq. ft.  Each lot contains the minimal 10,000 sq. ft. developable area and rectangle with minimum 80-foot dimension; Lot #1 would contain 144,463 and Lot #2 would contain 121,761.  The Commissioners were provided the proposed subdivision plan documents. 

The Chairman requested the presentation material be turned so that the members of the public could see it more clearly and the Applicant's engineer re-described some of the material. 

The Applicant's engineer indicated the design was for frontage lots served by driveways along Pinnacle Mountain Road with no new roads proposed, utilities would be underground, and both lots would be served by public water.  Similar to Lot #1, Lot # 2 would have a septic system and future reserve area which was approved by FVHD.  Lot #2 would be graded to create positive flow away from the foundation.  In response to Conservation Commission comments, they would provide silt fence to control erosion and runoff, silt sack in the nearest catch basin, all disturbed areas would be seeded and stabilized.  They will comply with additional comments received from Conservation Commission regarding the wildlife connection to the plan and additional erosion controls and anticipate receiving approval for their plan at the Conservation Commission meeting next week.  They also received comments from the Town Engineer and plan to comply with them.  The Applicant's engineer indicated before this Commission's next meeting they should have Wetland approval, and address all comments received by the Town Engineer; they requested an extension to 11/11/2014 to allow additional time to resolve any remaining issues.  Chairman Jansen confirmed that the Public Hearing would remain open.

The Commissioners asked further about the Conservation Commission's additional comments.  The Applicant's engineer indicated they have complied to include additional erosion controls where the water service is located, more details about the construction sequence to tap into the water main, and calculations for drywalls which receive the roof leaders.

Chairman Jansen invited public comment.

Michael Rinaldi, resident of 32 Pinnacle Mountain Road since 1974, indicated he lived there when the Darling Estate was subdivided and the 7.2-acre plot was the last area developed because of the difficult topography, but about 15 years later it was developed.  He described a street with a 270-degree curve on a steep hill and the problem of on street parking.  He was told by the Zoning Officer the only compliance required for zoning was to put two cars on a driveway, but he did not believe that was enough and that "No Parking" signs were required all the way up the hill and around the corner.  Otherwise, it was described as an extremely dangerous area with an ongoing problem on the 180-degree hill curve for years with increased near-hit accidents over the past 5 years.  He indicated at 28 Pinnacle Mountain Road two densely built houses regularly cause significant numbers of cars to be parked on the street, but neither the Police nor Zoning take action.  He also described 7 Pinnacle Mountain Road with no visibility or room at the curve.  He asked that any approval given for this subdivision include "No Parking" all the way up the hill and around the curve.

Peter Albertson, resident at 16 Pinnacle Mountain Road since 1998, commutes daily.  He indicated there are frequently large gardener's trucks parked on the road curve at 5 Pinnacle Mountain Road so that cars coming up the hill have to move to the middle of the road to pass the parked vehicles, but it is completely blind to anyone coming down.  He expressed concern that he is in jeopardy as a commuter and any parking in the winter is a major problem and danger as shown by the skid tracks.  Any parking on the right side of the street moves vehicles to the middle of the road where you are blind to anyone coming down which creates a serious hazard.

Bob Lucks of 12 Pinnacle Mountain Road commutes daily to Hartford and experienced the same problem as his neighbor, Dr. Albertson.  In the 14 years he has lived there, he has pulled two people out of cars that went off the road after swerving because of parked vehicles on the road.  He felt it was a dangerous area and treacherous during winter.

George Carltman of 18 Pinnacle Mountain Road indicated concern about fire with only a small cistern opposite 20 Pinnacle Mountain Road.  He believed with this subdivision, the Town should put in a pump system in order to pump water up this street as everyone on the street is in serious danger.

Mary Carey, resident at 11 Pinnacle Mountain Road for 18 years, underscored the safety and danger points raised by Mr. Rinaldi and Dr. Albertson.  She has witnessed due to the blind spots many near accidents on the road caused by vehicles either parked or in the road which is damaging and treacherous.

Hilary DePaseo of 24 Pinnacle Mountain Road and her husband have five young boys and expressed concern about cars and trucks parked on the road.  She indicated that Pinnacle Mountain is winding, steep, and narrow with vehicles parked on the road; there are no painted lines, no streetlights, and no shoulder.  She felt that vehicles parked on the road provide dangerous obstacles to other cars, pedestrians, garbage trucks, school buses, and snow plows.  She indicated that every day her children wait at a bus stop with the cars parked on the road and the bus has to drive down the middle of the road around a blind corner and it is very, very dangerous.  She provided the Commissioners with a photo taken today showing her car approaching that turn and that there is very little room for two cars to pass coming around the blind corner if another car is parked on the street. 

The Commissioners discussed the safety issues raised for parking and cistern and the need for them to be addressed with relevant Town Staff experts.  The Public Hearing was clarified to be for the Commission to discuss the house, drainage, and setbacks.  Town Staff will check further with the Police and Fire Departments about the safety issues. 

Town Staff noted that the Applicant also needed to address the open space question at this hearing. The Applicant's engineer responded that they are proposing Fee in Lieu of Open Space as the open space on this property would not provide much recreational value.  The Commissioners discussed the proposed amount of $2500 and mechanism for establishing the fee.  Town Staff indicated under the existing statute if the Commission finds Fee in Lieu of Open Space acceptable, the amount would be based on 10% of the value of the pre-development cost of the lot where the Applicant can get an appraisal, the Commission can get an appraisal, and a third appraisal would likely result in a number.  However, Town Staff indicated rather than all the appraisal cost expenditures, the Fee in Lieu Of was provided as an alternative in Town Regulations and that is where the $2500 number came from.  Given the significant slopes on this property, the Applicant has discussed this with the Assistant Town Planner and has proposed the Fee in Lieu Of.  The Commissioners discussed the acceptability of Fee in Lieu Of.

Mr. Rinaldi requested that all residents on Pinnacle Mountain Road be informed about the next hearing as he was told by Zoning that only people within 100 feet of the property would be notified.  He felt it took a lot of effort to organize their attendance tonight and suggested the Commissioners take a ride up Pinnacle Mountain Road.  The Commissioners noted the existing danger.  Mr. Rinaldi indicated 28 Pinnacle Mountain Road with three families living in the two houses running a business called CTEC is a manifestation of what could occur at the hill bottom and potentially kill people.  He agreed that "No Parking" signs all the way up the hill and around the corner would solve the problem.  Chairman Jansen indicated they would ask Staff to make sure the public notice sign is in the proper location and indicate that the Hearing has been continued. 

Regarding whether parking is in the Planning Commission's jurisdiction, the residents were concerned that approval for this property at the entrance to Pinnacle Mountain Road would increase problems and asked where jurisdiction lies.  The Commissioners advised they would follow up with relevant Town Staff and there would be a meeting two weeks from tonight to continue this Public Hearing.

Sue Bednarcyk of 119 East Weatogue Street suggested the Commissioners take a field trip because of the steep slopes and drainage concerns and potential shared driveway issues onto a dangerous curve.  She felt there might be a valuable piece of open space as $2500 did not sound like much and that the Commission may be able to enhance or improve the situation.  If a field trip is taken, she noted the public can also attend.

Mary Carey discussed that there was never any intention for additional housing to be developed on the street.  She noted there is a long drive that is nature and forest and very attractive and putting in another house would take away from the street's beauty.

Ann Weld of 5 Heather Lane asked if the proposal was for one additional lot and two additional houses.  The Commissioners responded it was for one additional lot and house.   Ms. Weld asked if there was additional room on that lot for 2-3 parked vehicles given the existing parking problem on the street.  The Applicant's engineer indicated they would look at that as an alternative in the design as there are some areas constrained by slope.  The street residents present indicated the parking problem was primarily at 5 and 8 Pinnacle Mountain Road while other houses have large areas for parking.  The Applicant's engineer will look at potential pull off areas allowing access to the garage and indicated such existing problems need to be brought before relevant agencies; most Town roads are built to standard and it could be that brush needs to be cleared.  They will have the required site lineup at the next meeting.  Residents of Pinnacle Mountain Road expressed concern that the street parking problem be dealt with to protect them; occasionally, there has been a parking problem at the proposed subdivision location.  Mr. Rinaldi said that adjacent to the proposed subdivision, sometimes the #8 resident parks on the road which is very dangerous, especially in winter.

The Commissioners discussed that this open space seems to fit Fee in Lieu Of.  Town Staff reviewed the statute was drafted for 10% of the pre-development value with dueling appraisers and a third appraiser settling the issue, and rather than making those expenditures, a $2500 minimum was set up.  The Commissioners conjectured the base amount could be anywhere between $2500 and $10,000; Town Staff confirmed that an appraiser would be needed to set that value and will check with the Town Attorney about that process.  The Commissioners noted the risk of getting two different answers for similar situations and the problem of the Town having to maintain the open space.  The Applicant's engineer noted that this lot is more complicated and the Commissioners added the open space is not buildable.  The Commission concluded they need to act fairly and tabled discussion until the next meeting.  Residents of the street noted the existence of open space impacts property values of other residents on the street.

III.       DISCUSSION AND POSSIBLE ACTION

Chairman Jansen thanked SCTV and Ken for filming this evening.

a.         CGS 8-24 referral from Board of Selectmen to Planning Commission regarding the purchase of property located at 1 Old Bridge Road

Town Staff reviewed that this referral was received from the First Selectman's office and was accompanied by a letter and photo from the Town Engineer describing the property.  The existing structure was described as old, needing repair, and in the flood plain; the property was offered to the Town for purchase and would go to the BOS in the future.  Town Staff indicated under 8-24 the Commission would review whether it is in keeping with the POCD and provide any comments about whether the Town should acquire the property.  The letter indicates removal of hazardous materials would need to be completed before any demolition and that has been worked into the property price.  The site within the special flood hazard area would make it difficult to develop; however, the building could continue to be used as is by a purchaser with its history of flood incursions. 

The Commissioners noted previous discussions about recreational opportunities along the river and that this could be a special and valuable location to develop.  The house was noted as not suitable to stay in place.  Regarding available federal grants, Town Staff confirmed there are occasionally grants, especially from the Farmington Valley Watershed Association along the river, and DEEP; the federal government is always in favor of removing structures from flood plain areas due to continually incurred public costs.  Town Staff reviewed that the letter said, "it is the intent to improve public access to the river and to aggregate the property with other adjacent Town-owned land for larger parcels of public use"; and a series of alternatives, including removal of the structure.  The Commissioners recalled the success of the Bridge of Flowers, the bicycle-friendly Town image, the Memorial being built at Scout Hall, and this property could be a great place to access the river.  The Commissioners discussed the need to see a plan from the BOS and whether to express the Commission's interest in recreational use and access to the river.  Town Staff believed the offer had been accepted but was not privy to BOS Executive Session discussions, and that it would go to the BOS for final acceptance; the Commissioners discussed timing concerns.  Town Staff summarized the Commission could recommend:  1) a plan be developed for the property in the near future; 2) the use be for public access (with or without the structure); and 3) specifically, that grants be sought for the re-development or planning of the property. 

The Commissioners discussed the price of the property, cost of cleanup, and that it would be expensive for the Town to do.  The extent of hazardous material cleanup was unknown and Town Staff will ask the Town Engineer for that information.  The Commissioners agreed they would like to know total cost to the Town. 

Commissioner Needham made a motion to provide a positive referral to the Board of Selectmen with the provisos that:  1) a plan be developed for the property in the near future; 2) the use be for public access (with or without the structure); and 3) specifically, that grants be sought for the re-development or planning of the property, and that it is an opportunity that should not be missed.

Commissioner Jansen seconded the motion.

The Commissioners further discussed while it was a great idea and opportunity, they were concerned about voting without knowing the full extent of the costs of removing hazardous material; they discussed potentially holding a special meeting. 

Commissioner Needham withdrew the motion.

Town Staff will contact the Town Engineer to obtain further information, but the testing of hazardous material had not taken place as of 9/24/2014.  Town Staff will look into whether there is a plan or expression of intent and interest in buying this property.

b.         Discussion and possible recommendation with regard to 2014-2019 Capitol Region Natural Hazards Mitigation Plan Update

Town Staff spoke with the former Town Engineer who was involved in putting this 700-page plan together which discusses hazard mitigation, things that have been done, challenges the Town has, including flood areas, and specific objectives and plans for those challenges.  The Commissioners were provided with the Simsbury section of the Plan.  Town Staff noted that FEMA has approved the Plan.  The Commissioners felt the Plan was comprehensive.

Commissioner Kulakowski made a motion to accept the 2014-2019 Capitol Region Natural Hazards Mitigation Plan Update.

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

IV.       COMMUNICATIONS AND ADMINISTRATIVE BUSINESS

Regarding the letter dated 10/13/2014 proposing donation of .39 acres, Town Staff reviewed it was a small piece of property before the Granby town line abutting Brettonwood which the property owners have over the years requested the Town take.  The Town Assessor has sent bills to the property owners since 2003 at $350/year with no response.  The BOS has requested a recommendation from the Commission as to whether the land donation should be accepted as open space and whether the Town has any need for it.  The Commissioners discussed the property's value and felt the owners should pay the tax bill. 

Commissioner Needham made a motion to leave this as taxable property and that every effort be made to collect what has not been paid in the past.

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

Town Staff reviewed that the apartments at Dorset Crossing and the MS housing are moving along.  A plan for rehabilitation of the Webster Bank Building is expected to be received shortly by Zoning.  The Conservation Easement for circulation of Big Y's trucks has been signed by the parties and Town Staff is waiting to hear about closing with demolition anticipated for fall and store opening next spring.  The northern 6 acres would be the location for Big Y up to the Skating Center property boundary.  There are three development alternative for the remainder of the property, but they are awaiting Big Y moving forward.  The Historic Society may take down the barn and move it to their site as an open pavilion in the rear parking lot overlooking Iron Horse Boulevard.

V.        APPROVAL OF MINUTES of September 23, 2014

On Line 47, the words "The Applicant's engineer" are deleted and the replaced with the name "Chris Ferraro".

On Line 173, following the word "considered", insert "10-20%".

Commissioner Kulakowski made a motion to approve the September 23, 2014, minutes, as amended.

Commissioner Jansen seconded the motion, and it was passed with Commissioners Prell and Locandro abstaining.

VI.       ADJOURNMENT

Commissioner Prell made a motion to adjourn the meeting at 8:20 p.m. 

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

_____________________________

Mark Drake, Secretary