Planning Commission Minutes 05/28/2019
PLANNING COMMISSION – REGULAR MEETING
TUESDAY, MAY 28, 2019
SIMSBURY TOWN OFFICES – MAIN MEETING ROOM – 7:00 p.m.
933 HOPMEADOW STREET, SIMSBURY, CONNECTICUT
I. CALL TO ORDER-The meeting was called to order by Chairman Rice at 7:01pm.
1. Pledge of Allegiance
II. ROLL CALL
Appointment of Alternates-None
Present: William Rice, Alan Needham, David Blume, Erin Leavitt-Smith, Holly Beum, Craig MacCormac Richard Cortes
Alternates Present:
Absent: Gary Lungarini, Elizabeth Burt
Staff Present: Michael Glidden, Director of Planning and Community Development
Bob Decrescenzo Esq., Town Attorney
III. APPROVAL OF MINUTES of the May 14, 2019 regular meeting
Between lines 37 and 38 should include, “Richard Cortes, David Blume, and Craig MacCormac affirmed that they have reviewed the record pertaining to the application.”
Line 74 should state how instead of whether.
Line 91 should state affects instead of effects.
Line 93 should state declined instead of refused.
Line 164 should include the word is between building and viable.
MOTION: William Rice made motion to approve the May 14, 2019 meeting minutes as amended. The motion was seconded by David Blume. The motion passed unanimously at 7:06pm.
IV. PUBLIC HEARINGS
1. In accordance with HHD-CV17-6077573-S: PALMER, ROYCE Et Al v. TOWN OF SIMSBURY PLANNING COMMISSION; order dated 12/07/2018: 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 continued to 05/28/2019)
William Rice asked if there were any members of the public who would like to make a statement regarding the application.
A neighbor to the above listed property, Paul Nosevich, 78 Climax Road, was present to discuss the proposal for the subdivision. He began to pass out a handout related to the proposal.
Attorney, Lewis Wise objected to the handout stating that this is not the time to add additional information regarding the grading systems that had already been agreed upon.
Town Attorney, Bob Decrescenzo read what the judge wrote regarding issues 7, 8, and 9. He stated that this is a public hearing and that it is up to the commission to decide whether or not they want to hear any public evidence related to the application. He stated that without hearing what the patron would like to disclose, we would have no idea as to whether or not the information is pertinent to those 3 issues.
Lewis Wise stated that this is a very special public hearing. This is a public hearing being held because a judge remanded it to the commission on the 3 very specific reasons that the commission relied upon in making decisions. Those reasons were all based upon Town Engineer, Jeff Shea’s opinion that more information was needed to determine whether or not the drainage system will work. Applicant and Engineer, Andrew Quirk has provided all of this information. Wise added that Mr. Shea has reviewed the details and is content.
Wise stated that no other information needs to be submitted. Any public evidence that challenges the function of the drainage system is far too late to submit. The details have already been approved by Mr. Shea. There are no conflicting professional opinions regarding the drainage system.
William Rice and the commissioners decided that they would like to allow Paul Nosevich to speak and hand out information.
Mr. Nosevich discussed the following 4 topics:
• Climate change-spill over
• Ground water mounding
• Recharge infiltration
• Soil permeability
Attorney Wise asked the credentials of Paul Nosevich, Nosevich stated that he is not an expert but works closely with one.
Holly Beum asked Mr. Nosevich who the expert is and Mr. Nosevich declined to offer the expert’s name or credentials.
Attorney Decrescenzo informed the commission that it is up to them whether or not they want to include Mr. Nosevich’s evidence in their deliberation. He did suggest to the commission that hearing what applicant Engineer, Andrew Quirk, has to say regarding Mr. Nosevich’s evidence, may be helpful to them.
Alan Needham stated that he would like to have Mr. Nosevich’s evidence examined by experts to determine the validity.
William Rice stated that he would like to hear a rebuttal from Andrew Quirk, and would like to have official comments in writing.
Engineer, Andrew Quirk stated that he has dealt with the issues that Mr. Nosevich’s addressed for over 2 years. He stated that “it was determined by the courts that this model is sufficient.” He added that this modeling has been decided upon and accepted by courts and recommended by the town.
Mr. Quirk discussed the 4 bullet points brought up by Mr. Nosevich and reiterated that all points have been addressed by professionals.
Attorney Wise stated that the model is the one recommended by the town and is not a basis for the commission’s denial at this point.
Town Engineer, Jeff Shea stated that the model is not an issue. He is still concerned with water overflow, which is something that he could look into further. He added that all the waterflow will not flow towards 78 Climax road.
Shea stated he can look more closely and verify data presented by Paul Nosevich.
William Rice stated that the public hearing will have to remain open until additional information is provided.
Attorney Decrescenzo suggested to the commission that they come up with a hard deadline for closing the public hearing.
MOTION:
William Rice made a motion to leave the public hearing open, but limit the scope to include only the responses from the town engineer, applicant, and intervener. He stated that he will not entertain the idea of hearing Paul Nosevich’s engineer because the opportunity has come and gone. Formal written responses should be received by June 5, 2019 and should pertain only to the responses given by the resident tonight.
The motion was seconded by Alan Needham.
The motion fails 3-3 at 8:15pm.
(William Rice, Alan Needham and David Blume in favor)
(Holly Beum, Erin Leavitt-Smith, Craig MacCormac not in favor)
MOTION:
William Rice made a motion to leave the public hearing open, but limit the scope to include only the responses from the town engineer, applicant, intervener, and allow the engineer working with Paul Nosevich the ability to validate the information that was presented by Nosevich on May 28, 2019, to include his name and credentials. (No other additional information or testimony will be allowed.)
Formal written responses should be received by June 5, 2019 and should pertain only to the responses given by the resident tonight.
The motion was seconded by David Blume.
The motion passed unanimously at 8:16pm.
V. OLD BUSINESS
1. Applications
a. In accordance with HHD-CV17-6077573-S: PALMER, ROYCE Et Al v. TOWN OF SIMSBURY PLANNING COMMISSION; order dated 12/07/2018: 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
VI. NEW BUSINESS
1. Receipt of New Applications
2. Referrals
a. None
VII. GENERAL COMMISSION BUSINESS
1. Correspondence
Erin Leavitt-Smith asked about the balloon test. The public hearing will take place with the Zoning Commission on Monday, June 3, 2019.
VIII. ADJOURNMENT
MOTION: David Blume made a motion to adjourn the meeting. Alan Needham seconded the motion. The motion passed unanimously at 8:17pm.