Planning Commission Minutes 05/14/2019
PLANNING COMMISSION-REGULAR MEETING
SUBJECT TO VOTE OF APPROVAL
TUESDAY, May 14, 2019
SIMSBURY TOWN OFFICES-MAIN MEETING ROOM-7:00 PM
933 HOPMEADOW STREET, SIMSBURY, CONNECTICUT
I. CALL TO ORDER- Meeting was called to order at 7:00pm.
1. Pledge of Allegiance
II. ROLL CALL
Present: Members: William Rice, Alan Needham, David Blume, Erin Leavitt-Smith, Craig MacCormac, Holly Beum
Alternates Present: Elizabeth Burt, Richard Cortes
Absent: Gary Lungarini
Staff Present: Michael Glidden, Director of Planning and Community Development and Bob Decrescenzo Esq., Town Attorney
III. APPROVAL OF MINUTES of the April 23, 2019 regular meeting
Ln 65 change public to industrial
Ln 120 add be.
MOTION:
Chairman Rice made a motion to approve the April 23, 2019 minutes with modifications. Ms. Leavitt-Smith seconded the motion. The motion passed 4-0-2 with Mr. MacCormac and Ms. Beum abstaining.
IV. PUBLIC HEARINGS
1. Palmer v. Simsbury Planning Commission: Application #16-02 of Mansour Prime Properties, LLC, Agent; Royce Palmer, Owner; for a 19-lot affordable housing subdivision under CGS 8-30g on the property located at 80 Climax Road (Assessor’s Map D20, Block 608, Lot 001). Zone R-40. (public hearing scheduled to open 04/23/2019)
Chairman Rice provided the Commission brief comments on why the application was before the Commission. Mr. Glidden and Attorney Decrescenzo provided the commission a report on how and why the application was referred to the Commission by the Court.
Attorney Lewis Wise presented the application on behalf of Mansour Prime Properties LLC. Attorney Wise reviewed in detail the court proceedings and what has been completed by the applicant in response to the order.
Andrew Quirk PE reviewed each area of remand that the Court directed the applicant to address.
Mr. Quirk first discussed Reason 7. Mr. Quirk reviewed when and where soil testing was performed as noted by the court. Soil testing was observed by David Lord a professional soil scientist and permeability test were performed by independent testing labs. Mr. Quirk stated that the correct number of test pits was performed with the appropriate testing per the CTDEP storm water manual.
Mr. Quirk reviewed the work performed to satisfy reason number 8. He described modifications made to the storm water system and how some of the concerns relating to safety were addressed. Each basin drains within 72 hours of a storm event and no standing water would occur in the basins. The introduction of 18” of bio-retention soil would help with drainage performance. Mr. Quirk stated that length of time for draining of the basins and the design of these features conforms to the CT DEP storm water manual guidelines.
Mr. Quirk reviewed changes and response to satisfy reason number 9. Additional soil testing was performed as noted in the location of the proposed dry-well. Testing results illustrate that the proposed basins would function as intended. Mr. Quirk stated that with all the changes made, he felt that the application satisfied state design guidelines and concerns raised by the Town Engineer.
Ms. Beum questioned the difference in timing for draining of the proposed basins. Mr. Quirk noted the “town numbers” taken into consideration a 50 % clogging factors. Mr. Quirk used the conservative numbers that considered the clogging effect.
Ms. Beum questioned the distribution of the test pit locations.
Chairman Rice asked the applicant to clarify what standard was met for design of the storm water basins. Mr. Quirk noted that the application conformed to the state design guidelines for storm water management developed by DEP.
Mr. Quirk stated that the depth of retained water and decreased time to drain means that there is no change to off-site discharge rates by the development.
Mr. Blume questioned whether the two basins were connected. Mr. Quirk clarified how the basins are hydraulically connected.
J.Shea PE, Town Engineer, spoke to the changes and additional information. He reviewed written comments provided to the Commission which confirmed that his previously concerns were satisfied.
Mr. Needham questioned whether the storm water basins will discharge water onto the public road. Mr. Shea noted in storm events which exceed 100 yr design standards that the basin could discharge into the roadway.
Chairman Rice asked whether there were any members of the public that wished to speak.
Roy Pomoraciz of 65 Blue Ridge Drive urged the commission to require posting of financial surety by the contractor prior to the start of the project.
Paul Nosewich 78 Climax Road questioned whether a development and management plan was developed for the storm water management system. Mr. Nosewich noted the soil conditions of the neighboring area and how it effects drainage.
Attorney Wise questioned Mr. Nosewich whether he is a professional engineer. Mr. Nosewish refused to answer.
No further members of the public wished to speak.
Mr. Quirk gave an overview of the work that was completed in order to address the three issues that were remanded. He noted that the basins have been designed so that they can accommodate the 100 yr storm event with no drainage leaving the site. In his professional opinion, he stated he had full confidence in the design of the basins.
Attorney Wise noted that the applicant fully addressed the outstanding issues outlined by the Town Engineer. Mr. Shea agreed.
Ms. Beum stated that she needed more time to review the information provided and asked whether the hearing could be continue to the next meeting. Attorney Wise has no objections to continuing the public hearing.
Chairman Rice stated that if members have outstanding questions, they are to send them directly to Mr. Glidden and he will share with the appropriate parties. Chairman Rice asked that members get their questions to Mr. Glidden no later than Monday May 20, 2019.
Motion: Chairman Rice made a motion to continue the public hearing to the next meeting of the Planning Commission 05/28/2019. The motion was seconded by Ms. Beum. The motion passed unanimously.
V. OLD BUSINESS
1. Applications
a. Palmer v. Simsbury Planning Commission: Application #16-02 of Mansour Prime Properties, LLC, Agent; Royce Palmer, Owner; for a 19-lot affordable housing subdivision under CGS 8-30g on the property located at 80 Climax Road (Assessor’s Map D20, Block 608, Lot 001). Zone R-40 (decision must be rendered within 65 days of closing public hearing)
No action or discussion occurred.
VI. NEW BUSINESS
1. Receipt of New Applications
2. Referrals
a. CGS 8-3a Referral to the Zoning Commission for Zoning Commission Application #19-21 of T.J. Donohue, Jr., Esq., Agent; McLean Affiliates, Inc., Petitioner; for a Text Amendment to Article Ten, Section K, Table 10 Bulk, Area, and Site Requirements, of the Simsbury Zoning Regulations regarding Maximum Height. (public hearing scheduled for 06/03/2019)
TJ Donohue, attorney for McLean Affiliates, Inc. was present to discuss a proposal for a Text Amendment for the purpose of allowing additional roof height in senior-type housing facilities where the land is greater than 40 acres.
Attorney Donohue noted that a balloon test was performed by the applicant. The results were shared with members of the commission.
Ms. Leavitt-Smith requested that the locations of the photos be clarified by Attorney Donohue.
Mr. Neeham felt that the balloons do not accurately represent the mass due to the physical size.
Mr. Glidden clarified how building height is measured by the zoning regulations.
Chairman Rice asked whether members had concerns as it relates to the POCD. Ms. Leavitt-Smith wanted to review the pictures before discussing the POCD and proposed changes.
Ms. Beum questioned comments from the last meeting on future issues. Mr. Glidden noted where the areas in town where a proposal could fit standards. Mr. Glidden noted the controlling factors such as public utilities, parcel size, and distance separation from residentially used structures outside the facilities.
Mr. Glidden noted that height exemptions in the existing regulations. Mr. Blume wanted to know where the Seaberry property is located and what the building height for the property is. Mr. Glidden noted it is zoned industrial and the property owner could build to 65 feet based on the current regulations.
Mr. Needham questioned why the applicant did not apply for a variance with the ZBA. Mr. Glidden noted that staff struggled to assist the applicant determining a legal hardship.
Mr. Needham questioned whether a 3 story building viable. Attorney Donohue noted that Ms. Beum noted that the applicant is addressing a business plan.
MOTION:
Ms. Leavitt-Smith made a motion to send a positive referral to the Zoning Commission for application ZC 19-21 is consistent the goals and objectives of the 2017 Plan of Conservation and Development Sections 8.2.1; 8.2a.1, 8.2a.4; 9.1.b, 10.2.a.1.
The Commission noted that the POCD encourages senior housing for individuals with limited means and asked the Zoning Commission to consider requiring percentage to be affordable housing units.
Ms. Beum seconded the motion. The motion passed (5-1) with Ms. Beum opposing the motion.
b. CGS 8-24 Referral from the Board of Selectmen for an easement on the property located at 87 Riverside Road.
Mr. Glidden explained the situation with 87 Riverside Road and why the easement is being proposed. He noted that pursuant to CGS 8-24, any sale, purchase or lease of by a town requires the legislative body to refer the action to the Planning Commission for determination of consistency with the goals and objectives of the Plan of Conservation and Development.
Motion: Ms. Leavitt-Smith made a motion to send a favorable recommendation to the Board of Selectmen finding that the proposed easement meets the goals and objectives of the 2017 Plan of Conservation and Development. Chairman Rice seconded the motion. The motion passed unanimously.
VII. GENERAL COMMISSION BUSINESS
1. Correspondence
VIII. ADJOURNMENT
MOTION:
Mr. MacCormac made a motion to adjourn the meeting. Chairman Rice seconded the motion. The motion passed unanimously at 9:10pm.
Submitted by
Michael Glidden CFM CZEO
Director of Planning and Community Development