Planning Commission Minutes 12/10/2013 ADOPTED
PLANNING COMMISSION MINUTES
DECEMBER 10, 2013
REGULAR MEETING
I. CALL TO ORDER
Ferg Jansen, 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: Gary Lungarini, William Rice, Mark Drake, Robert Kulakowski, and Kevin Prell; Alan Needham joined the meeting in progress. Also in attendance were Hiram Peck, Director of Planning, Janis Prifti, Commission Clerk, and other interested parties.
Chairman Jansen thanked SCTV for filming the proceedings.
II. SEATING OF ALTERNATES
A quorum was present and no alternates were seated.
III. PUBLIC HEARING(s)
a. Application of #13-06 of Brian Denno, Denno Land Surveying, Applicant; Advantage Contracting, LLC, Owner, requesting re-subdivision of the property located at 70 King Philip Road (Map H15, Block I09, Lot 005B) to create 3 lots. Zone R-80. (application withdrawn 12/06/2013--resubmitted for a January public hearing)
The Public Hearing for Application #13-06 has been deferred.
IV. DISCUSSION ITEMS
a. Informal review of Application of #13-08 of Brian Denno, Denno Land Surveying, Applicant; Advantage Contracting, LLC, Owner, requesting re-subdivision of the property located at 70 King Philip Road (Map H15, Block I09, Lot 005B) to create 3 lots. Zone R-80.
The Town Engineer's review received just before this meeting has now been provided to the Applicant. This Application for 70 King Philip Road abuts CL&P’s right of way and they propose dividing the 12+-acre property into 3 lots; the existing house on the property would remain. They would eliminate the existing steep serpentine driveway, remove its gravel, and plant grass. They would utilize the existing right of way to the northwest of the house to put in a new paved driveway with a turnaround to meet the Fire Marshal's requirements for a hammerhead to be able to turn around a fire truck. Further, regarding the private drive, they also discussed with the Fire Marshal the grade and width of 15 feet paved with 1 1/2 feet of stone on either side.
Two new houses are proposed: one above and one below the existing house. Soil tests have been done and passed with the FVHD for septic systems; the reports are expected by the end of the week. While Town maps showed no wetlands on the site, wetlands were found in one location, requiring a wetlands amendment plan; before they come in for subdivision approval, they would meet with the Conservation Commission on 12/17/2013 for approval. The Town Engineer report received today presented some questions and they can answer most of them. An existing ditch is planned to be improved and would go all along the drive to a detention basin with an 8-inch outflow; the increased runoff would be minimal at 0.56 cfs pre- and post-construction. The site would have natural gas and separate wells. The existing barn and shed on site would be removed.
The road would be constructed as a private drive with an Association taking care of the property. In response to the Town Engineer's concerns, the road has been widened and its structure improved; in particular, runoff would pose no problem to the existing property owner, who also owns three nearby parcels. Property line changes are needed due to the 50-foot right-of-way, per discussion with Town Staff; the status of King Philip Road in the future is questionable.
The 12+ acres includes all three properties; the Town Engineer's report takes into account the 50-foot right-of-way, leaving 10.91 acres. While two new lots would be created, this is nonetheless considered a 3-lot subdivision. The septic areas have been staked, but not the houses currently. The Town controls setback lines, but not the location of a house; the Applicant is willing to move the location of the house on one lot and provide a conservation easement to prevent encroaching on the abutter.
Town Staff reviewed that there is a small wetland on the property which will go through the conservation process; on the Town open space map, the property abuts the utility right-of-way and some portions of the property setback area are where the open space area is proposed on the POCD. The Commission would consider which areas of the lot should be preserved as open space; possibly the setback areas should be open space and discussed at the Conservation Commission meeting 12/17/2013.
The Town Engineer needs confirmation that the FVHD approval has been obtained and that drainage analysis for the driveway is provided. The Town generally is not interested in maintaining small conservation parcels. The Applicant indicated that people infrequently walk up the old right of way, and there are no regular walking trails. The 50-foot right-of-way would be constructed to Town standards with a hammerhead required by the Fire Marshal; it would be viewed by the Town as a private road. The Applicant will return to the Planning Commission following their meeting with the Conservation Commission.
The Commissioners discussed taking a site walk before snow arrives. Public access to a CL&P right-of-way was discussed as part of a conservation easement but is unlikely. The layout showed the existing and proposed wells, existing and proposed septic, and a proposed reserve system in case it fails. The slope is said to help with the septic system design which will be filled systems built with no pumps and moved further away from the existing neighbor and more testing required. The site has mature trees without much ground cover and is thicker near the wetlands, which are a run-out for high rain cycles and are well defined. Regarding removing gravel and planting grass, the current drive meanders through the site at 12 feet wide and is in disrepair; the new drive would stabilize it and is not an excavation; the chain is now down to allow for walk through. When the Applicant returns, it will be for a Public Hearing.
b. Status of ongoing projects:
* Weatogue
Town Staff received the Weatogue Village District Study draft and will provide it to the Commissioners for review prior to the next meeting. The Study was to create a form-based Code to consider what businesses could replace current businesses in that area. The Study took longer than expected because the consultant tried to make it similar to the Town Center Code.
* Marketing Study
The completed first phase is available online. The second phase would be for implementation and contacting businesses to come into or remain in Town.
* The Hartford, Draft Code status
The Hartford Study was for a framework code. Three types of applications are envisioned and would require Zoning Commission approval: 1) one for projects under 25,000 sq. ft. that comply with the Code and its design requirements, which could be administratively approved if the Design Review Board recommends approval; 2) one for projects over 25,000 sq. ft. with the same Code requirements; and 3) the only type of application requiring Public Hearing would not comply with the Code, or the Design Review Board did not recommend approval; the goal is to minimize Board review time for any great idea. If a property is proposed to be subdivided, it is required by law to come before the Planning Commission.
The next The Hartford Study draft should be in front of this Commission in the first part of January. CBRE’s consultants are also conducting a review. The Code would be structured as an overlay zone to the existing zone, which would remain compliant. New buildings could be built at the existing parking lot corners, rather than re-creating asphalt. Currently, there are not many businesses seeking 341,000 sq. ft. buildings. The Charrette presentation online discusses three potential areas: 1) an agri-village concept, including crops, cooking classes, microbrewery, agricultural research; 2) a healthcare concept; and 3) a biotech concept. Current taxes for the property are about $1.6 Million. The Town prefers the property not be demolished.
* FY 2014-15 Budget
Town Staff requested the Commissioners provide feedback on any projects they feel should be undertaken.
c. Future development projects:
* Powder Forest PAD
A proposal was received from LandWorks for a mixed project, including an assisted living facility, possible restaurant, and mixed-use housing. The Zoning Commission will discuss this proposal informally at their next meeting. Shortly, a proposal will be made to subdivide one parcel of this land to split the commercial piece from the assisted living piece; they will go to the Conservation Commission for approval first, and then to Zoning for the PAD.
Regarding apartments in Town, the 88 apartments approved on West Street are about 70% rented. The only other approved apartments are at Dorset Crossing, including the 48 MS specialty units, with eight of those units for local people with other types of physical issues, and across the street at Eastpointe there are about 252 units. While there is significant demand for residential development, the Town would like commercial activity wisely incorporated to achieve balance among residential units and commercial space. The U.S. in general is over-retailed and most units being constructed now are 1-2 bedrooms for singles or one child; school systems have significant room. Expense reduction is one aspect, but for communities to be viable young residents are needed.
Other projects in Town Center will be reviewed in coming months, including the walkable Webster Bank Building location. To locate a residential development in Town Center, it must incorporate the Charrette; something for Simscroft may come in during January/February. Regarding the Town taking possession of the parking lots, the State valued them at $800,000, with the appraisal done after re-zoning; 2-3 developers have expressed interest and a letter of interest from the Town will go out. Whether the Andy's site could be used under the Code for retail/office/residential depends on the zone and proximity to Eno; up to 56 feet might work.
Big Y is awaiting the Skating Center signing the lease and the Town Attorney will look into it. The northern 6 acres on the Wagner property would be Big Y's location abutting the Skating Center driveway; trucks would enter Big Y's driveway and exit the Skating Center Drive at 2 a.m. There would be a traffic light at their driveway entrance only.
V. COMMUNICATIONS AND ADMINISTRATIVE BUSINESS
None. Why the PDF's wouldn't open for some Commissioners will be looked into.
Michael Paine, the new liaison from the Board of Selectmen, was welcomed.
VI. APPROVAL OF MINUTES of November 26, 2013
On Line 69, the word "each" is corrected to "all".
On Line 125, the name "Michael R. Paine, Chairman" is revised to "Mark Drake, Secretary".
Commissioner Rice made a motion to approve the November 26, 2013 Minutes as amended. Commissioner Kulakowski seconded the motion, and it was approved with Commissioners Kulakowski and Needham abstaining.
VIII. ADJOURNMENT
Commissioner Kulakowski made a motion to adjourn the meeting at 7:55 p.m. Commissioner Prell seconded the motion, and it was passed unanimously.
_____________________________
Mark Drake, Secretary