Planning Commission Minutes 10/28/2014
PLANNING COMMISSION MINUTES
OCTOBER 28, 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 and thanked Ken and SCTV and Ken for taping. The following members were present: Alan Needham, Richard Cortes, Mark Drake, Robert Kulakowski, and Kevin Prell. Also in attendance were Hiram Peck, Director of Planning, Janis Prifti, Commission Clerk, and other interested parties.
II. SEATING OF ALTERNATES AS NECESSARY
A quorum was present and no alternates were seated.
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 (opened 9/9/2014; continued 10/14/2014; public hearing must conclude by 12/18/2014)
Application #14-01 was read into the record.
As requested by the Commission at the 10/14/2014 meeting, Town Staff checked with the Police Department and Fire Marshall regarding Pinnacle Mountain Road residents' concerns regarding parking in the roadway and a subsequent petition filed by ten residents of Pinnacle Mountain Road. Town Staff provided: 1) an email attached for the record received this date from the Fire Marshall finding no violations; and 2) a 10/27/2014 memo attached from the Police Department which was also read into the record indicating the proposed subdivision would not be affected by those parking concerns. The Police Chief's memo noted street addresses of concern, provided potential resolution options for homeowners, and upon completion of his review petitioners would be advised of a decision.
Town Staff advised that review of Application #14-01 by the Conservation Commission found that due to steepness of some site areas, they want to assure no cutting of trees in those steep areas. As a result, Town Staff recommended if Application #14-01 is approved by the Planning Commission that both the Conservation Commission and Town Engineer be consulted prior to any construction, including for utilities under the road and any onsite work.
The public was invited to speak.
Peter Albertson of 16 Pinnacle Mountain Road expressed disappointment in the report that there was no danger on the curve traveling up the road. He was concerned that residents of the road be protected during construction due to the steepness of the property and where construction equipment would be placed with no method of offsite parking and no parking on Terry's Plain Road also. If the subdivision is approved and with six months of construction and a probable permanent parking situation in a dangerous part of the road, he asked the Commission to require during the construction phase protections for the residents be mandated as they travel daily on the road, e.g. police be present or appropriate signage. He believed that this parking during construction would affect the subdivision. The Commissioners reviewed that the Fire Marshall indicated there is a 15,300-gallon capacity cistern on the road, and the Police Chief indicated there are statutes that must be followed and road residents must decide if visitors to their property must park in driveways and not on the roadway and whether signs on the street are desirable for residents. The Chief is willing to discuss alternatives proposed by the majority of Pinnacle Mountain Road residents, but the Commission has no authority to decide parking issues and suggested residents consider pros and cons of alternatives. Mr. Albertson asked if the Commission has the authority in granting the subdivision to dictate specifications that must be met and to incorporate construction vehicles. Town Staff explained that: 1) the Police Chief is considering some of the petition filed by 10 residents and another petition does not need to be filed, but for residents who did not sign the petition, they can send an individual letter to the Chief that will be added to the file; and 2) it is normal practice that Commission approvals and denials with comments go to other Town departments.
Bob Lucks of 12 Pinnacle Mountain Road brought up the issue of how to attenuate current parking issues and what happens during construction. He was amazed that all parking regulations are currently met and suggested at least putting up cones or markers, as happens occasionally to provide some warning, and could that be mandated with a penalty for lawn and construction people. The Commissioners noted that for constructions sites, cones are the norm, and correct procedures can be part of a recommendation.
Sue Bednarcyk of 119 East Weatogue Street as a former Planning Commissioner expressed dismay at some of the answers provided to residents. She indicated that in the past for any type of constructing in Town, the Town Planner and the Town Engineer would dictate how things were done and check on the progress of projects and she did not know why that was not continuing. She felt the Drake Hill Mall project was not well monitored. She suggested that part of Staff's job would be to review the history of the initial subdivision and find out why this lot was not developed, e.g. steep slopes or drainage issues. She suggested inappropriate projects could be denied by the Commission. The Commissioners explained that this original development was quite a while ago, technology has changed substantially, and the information the Commission has received is consistent with subdivision regulations and is used to make a decision.
Mr. Albertson expressed appreciation for the Commission's assurances, but asked as a citizen who has the ultimate authority to regulate the parking on the street during the construction phase so he can approach them, what is the fine, and how is the fine implemented. Town Staff explained the Chief of Police has the authority to regulate parking issues, including during construction, and will receive a copy of the Commission's decision. Town Staff noted there is no noise ordinance in Town. Town Staff reviewed that the first part is currently just a subdivision of a lot and it is likely the owner is trying to sell it with development in the future. Mr. Albertson noted that any covenants placed on the subdivision directly impacts the sales price which he believed was in the Commission's purview and he requested some type of covenant be put on the subdivision that responds to the concern of the residents coming before the Commission. Town Staff added the second part is when the lot is purchased for development, the site plan would have to be reviewed by the Conservation Commission, Town Engineer, Fire Marshall, and Town Staff for erosion and sedimentation control, etc., and often anti-tracking pads are used for driveways during construction to keep mud off the road; whoever purchases the property in the future will have to follow the Commission's stipulations put on the subdivision. Mr. Lucks asked if anyone has explored whether there is a covenant on this property. Town Staff explained those covenants for the original 1975 subdivision were private and on the deeds and enforced between the parties, but that is not a Town or Commission authority. Ann Weld of 5 Heather Lane asked if there were any deed restrictions on this lot. The Applicant's engineer responded that he was not aware of any deed restrictions on this lot.
The Applicant's engineer noted they met with the Conservation Commission for review of erosion and sedimentation controls, including gravel construction entrance, notes on the water main installation to keep the road open, silt sacks at the down gradient catch basins, temporary soil protection, dust control, permanent seeding, a washout area in a specific location to wash out the concrete trucks and control erosion and pollution, turf reinforcing mats, outlet protection, temporary stockpile area, seeding and stabilization notes, litter control, and a construction sequence reviewed and commented upon by Town Staff. The Applicant's engineer indicated FVHD approval has been received and some notes requested by the Town Engineer need to be added to the plan; notes and details regarding parking have not yet been added to the plan, but the construction sequence on the plan requires review by Town Staff and setting up a pre-construction meeting with Town Staff before any construction to deal with current concerns for that final plan. Regarding onsite parking, they enlarged the turnaround area to accommodate 3 cars, 3 cars in front of the garage, 2 cars in the garage, and 3 cars behind after the CO is issued. Regarding signage, they offered to put a sign above and below the project for "Construction Ahead [on the left or right]" as appropriate, with the Town's permission, and the signs would be removed upon completion of construction; parking would only be on the straight part of the road with contractors required to park downhill of the sign; they would park construction vehicles whenever possible on the grass snow shelf that is currently cleared and grass and they would re-stabilize that area following construction. The 25 mph posted speed limit on this road is adequate for the site line distances and a problem may be people driving at comfort levels. The Applicant's engineer determined that site line distances up and down the road were more than adequate for the selected driveway location; the final plan for the house approved by the Conservation Commission would not deviate much as it uses the less steep portions of the site and final review by the Conservation Commission is required. The Applicant's engineer felt that with inclusion of signage, parking on the straight section of the road and lawn area adjacent to the pavement, and the construction sequence requirement to clear the site and rough grade the driveway that this adjacent parking area would likely be where contractors park for easy transport of tools onto the site. The Applicant's engineer believed that most construction concerns have been addressed. Town Staff involved in reviewing projects such as this were confirmed to include the Town Engineer, Fire Marshall, Building Official, Assistant Code Enforcement Officer, and Director of Planning.
Regarding Fee in Lieu of Open Space, the Applicant's engineer reviewed that regulations provide for: 1) $2500 per lot; or 2) appraisals representing the Applicant and Town with a third appraiser potentially settling the value of this small piece of property. Determining the value for this small piece of property in an undeveloped state was believed to be difficult and Fee in Lieu of would provide $2500 to the Town.
Regarding putting in portable speed bumps, the Applicant's engineer responded they break the frames on fire trucks, residents on the street may object, and during snowplow season they would not last more than one storm.
Dr. Michael Rinaldi of 32 Pinnacle Mountain Road recalled that this was the Darling Estate first developed in 1972 and the 7.2 acres of land under discussion was not acceptable and was proposed as open space. The problem discussed at the last meeting was parking and danger of two curves on a hill and there has been a problem for 25 years because there is no parking ordinance for the road and thus no police enforcement. His problem is with 28-30 Pinnacle Mountain Road with the 2.5 and 1.34-acre parcels with two large houses built at #28 and one is an addition; CTEC is also operating back there and zoning cannot enforce the law; visitors to this property will park on the street. The Commissioners suggested Dr. Rinaldi take a look at the Police Chief's letter. Dr. Rinaldi continued that no parking and tow away zones are needed in this area and did not believe rules and regulations would be enforced. Dr. Rinaldi noted other similar roads with hills that do not have houses built on steep slopes and believed desperate people are doing a desperate thing for a desperate reason putting others at risk; in the winter, you can slide into the curb and a car parked is a serious danger. He noted a CTEK truck loaded with panels exited #28 today and this subdivision would further aggravate a 25-year problem.
Pamela Albertson of 16 Pinnacle Mountain Road noted the developed and undeveloped areas of the street and that #8 frequently has landscaper vehicles parked on the road. Her concern was that additional trucks parked nearby and across from it would make the curve treacherous; while the Town does a good job in the winter, no matter how slowly you drive, you do swerve. She asked that alternatives to protect drivers on this road be considered.
The Applicant's engineer responded that it is a dangerous road, but there have been no accidents in 25 years and residents of the street have adapted their driving. He reiterated they would not park on the pavement, but on the shoulder off the road and on the site. He believed problems further up the road have nothing to do with this subdivision, and they have conformed to all requirements for this subdivision and requested Commission approval. Dr. Rinaldi believed there were 5 places to park on this site, and people prefer to park more easily on the street and walk to the house. Dr. Rinaldi felt the problem is other visitors to the street which yesterday prevented the school bus from getting up the hill; the "yellow rocket" is known by residents to travel up and down the road at 7 a.m. and 3 p.m. He believed while the subdivision may meet requirements, when the area was developed they knew a house should not be built there.
Mr. Albertson asked that the statements made by the Applicant's engineer tonight be included as part of the Commission's approval, including restricted parking only to the straight edge and all construction vehicles have to park offsite on the shoulder, not on the road, so that any future problems can be addressed with a fine. Town Staff confirmed that zoning violations can involve fines as imposed on the roadways by the police, but that is not this Commission's purview. Mr. Albertson requested as much ammunition as possible to protect their community; the Applicant's engineer had no objection to putting notes to that effect on the face of the Mylar signed by the Chairman and made part of the land records.
Mr. Rinaldi stated that the problem at 28 Pinnacle Mountain Road is not solvable, and zoning and planning did not do their job and if this is approved, it is at an even worse location on the road. The Commissioners expressed sympathy for the parking issues and suggested the road residents work with the Police Chief regarding solutions and meet with him. The Commissioners clarified that they have no jurisdiction over parking on this road; the only jurisdiction the Commission regards the subdivision and stipulations on how it is developed; the Applicant's engineer has done business in Town for many years and no major construction problems have occurred. Ann Weld of 5 Heather Lane asked the Applicant's engineer whether parking restrictions on construction sites have been used in other towns and are they enforceable. The Applicant clarified that they have offered these stipulations as part of the plan which would be enforced by the Zoning Enforcement Officer and every contractor wants to stay on his good side or a construction site could be shut down. The Applicant's engineer indicated that construction people want a job to go forward smoothly, complete it, and be paid; and there are several ways to enforce the parking provisions. The Commissioners expressed sympathy for parking issues and advised they must be taken up by the appropriate Town officials and the Applicant and Commission are working to positively solve subdivision concerns. A member of the public observed that putting a house at this location creates another problem on the road and there should be a resolution. The Commissioners clarified that the neighbors need to work with the Police Chief to reach a decision.
The Commissioners discussed Fee in Lieu Of and whether to take $2500 for this 3.7-acre lot, rather than spending $5000 on multiple appraisers; currently, the average building lot price is about $50K. The Commissioners believed the $2500 fee is a perfect application for this unusable land connected to no other Town open space. At the time of construction, Town Staff confirmed that notes on the Mylar would be reviewed when the site plan comes in and the applicant informed. Regarding the residents' road configuration and safety issues, the Commissioners noted the subdivision regulations preamble, section 1, states, "In order to secure the orderly and coordinated development of the Town of Simsbury and ensure the health, safety, welfare, and convenience of its residents, the Planning Commission has adopted these regulations regarding the subdivision of land.", and expressed concern about the road safety of residents, but noted the neighbors must work with the Police Chief to solve the problem. The Commissioners discussed that the pitch of the street was a required hazard in order to allow residents to live on Pinnacle Mountain which is a cul de sac and road serving mostly residents, and the Commission does not know whether this proposed property would ever host a business; there is already a dangerous situation on the road and the Police Chief's letter suggests there is not and there are alternatives to solve the problem and the proposed plan immunizes parking on the road for the proposed lot. The Commissioners noted that the Police Chief's letter states in the second bullet that, "Sight distances for vehicles parked on the roadway meet and exceed state requirements. This means that vehicles traveling on the road have ample time to see vehicles parked ahead on the side of the roadway."; the Commissioners agreed that subdividing the lot would not affect that.
The Applicant's engineer confirmed that the construction sequence appears on the plan, along with construction erosion control, and water work on the road, and 6 accessible parking spaces on the property with room for a few more cars in the driveway.
Commissioner Kulakowski made a motion to close the Public Hearing.
Commissioner Needham seconded the motion, and it was passed unanimously.
Commissioner Prell made a motion to approve Application #14-01 of Ed Lally and Associates, Inc. with the construction conditions stated by Hiram Peck and to be noted on all the official Mylar’s and subdivision plans submitted to the Town, including: 1) parking signs for construction ahead, parking only in specific areas designated on the Plan, and parking on the snow shelf off the pavement only; 2) Fee in Lieu of Open Space accepted by the Commission noted on the Plan with a value; and 3) final review and approval of the site plan to be reviewed and approved by the Town Engineer and the Conservation Commission, including road surface cutting at the time of construction.
The Commissioners discussed the type of signs that might be used, as approved by the Police Chief, and suggested that the Applicant make every effort to work with neighbors regarding their concerns.
Commissioner Kulakowski seconded the motion, and it was passed unanimously.
b. Application #14-02 of Maglieri Development, LLC, Agent; Timothy E. and Elinor E. Ellsworth, Owners, requesting re-subdivision of the property located at East Weatogue Street (Map H11, Block 106, Lot 037) to create 4 lots. Zone R-80. (received 10/14/2014; public hearing must conclude by 12/18/2014) (to be opened and continued)
Town Staff advised that the Applicant requested Application #14-02 remain open, as they must first appear before the Conservation Commission, and they would be on the next meeting Agenda for this Commission.
IV. COMMUNICATIONS AND ADMINISTRATIVE BUSINESS
Town Staff advised the Commissioners that the Big Y project is anticipated to close in about two weeks.
V. APPROVAL OF MINUTES of October 14, 2014
Commissioner Jansen made a motion to approve the October 14, 2014 minutes, as written.
Commissioner Kulakowski seconded the motion, and it was passed with five approvals and one abstention by Commissioner Rice.
VI. ADJOURNMENT
Commissioner Prell made a motion to adjourn the meeting at 8:35 p.m.
Commissioner Rice seconded the motion, and it was passed unanimously.
_____________________________
Mark Drake, Secretary