MINUTES ARE NOT OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT MEETING.
TOWN OF SOMERS
PLANNING
COMMISSION
P. O. Box 308
Somers,
Connecticut 06071
PLANNING
COMMISSION MINUTES
4/24/03;
7:00 p.m.
Town Hall
I. CALL TO ORDER:
Chairman Karl Walton called the meeting to order at 7:05 p.m. Members present were: Karl Walton; Len Viera and Alternates Michelle Hayward and Brad Pellissier. Michelle Hayward was seated for Cliff Bordeaux; Brad Pellissier for Michael Collins. Also present were: Merv Strauss, Town Consulting Engineer and Patrice Carson, Town Planner.
II. AUDIENCE PARTICIPATION: There was none.
III. OLD BUSINESS:
a. Subdivision Application
#371: 3-lots, Hillcrest Subdivision,
Hillcrest Drive (property of Larson), Buck Builders LLC
Gerry
Hardisty, Engineer for the applicant, met with Merv Strauss, Town Engineer, and
Everett Morrill of Public Works to discuss the drainage problems connected with
this proposed subdivision. Gerry had
proposed an open swale running down the east side of the road emptying into a
catch basin at the cul-de-sac - with the water run-off ultimately ending up in
the brook. Gerry said there are at
least four other areas from Parker Road where water run-off already crosses the
road. In fact, there is considerably
more water coming through than he had originally calculated. He had figured 30 cfs and would now estimate
double that amount - 60 cfs. He
estimates the additonal discharge from the proposed subdivision to be 3 cfs.
Attorney John Parks said the 1964 subdivision map
indicated a 20' drainage right-of-way at the end of the cul-de-sac. The deed to Hillcrest Drive also states
there is a 20' drainage easement as part of the purchase. Another right-of-way from Buck Builders
would not be needed if the Town already has that right.
Merv Strauss said surveyors and lawyers seem to be
needed to find out what has gone on with this property in the past. For instance, does Larson own up to the
brook and does the Town have an easement to drain into this brook?
Attorney Parks said that he will call the title
company to find out if there is a drainage easement to the Town. He will ask the title company for an opinion
in writing.
Patrice Carson said that if the brook is on Pleasant View
Farms' property and this proposed subdivision increases the water going onto
Pleasant View Farms' property, it could be a liability. When these lots are built on, there will be
an increase in water flow - even if the increase is small. Since it is unknown if the increase will
create an overburden, any increase
would require an easement from the downstream owner, if one does not already
exist.
Brad Pellissier remarked that if the Commission
worries about minor impact on drainage from a subdivision, then all development
would stop.
If the brook is on Pleasant View Farms' property,
then Pleasant View Farms would have the right to say that the increase in water
flow from this proposed subdivision is overburdening his property and the Town
would be liable for allowing the increase in water without an easement.
Patrice Carson asked why this application isn't for
a re-subdivision since it is part of a parcel of land that has already been
subdivided. There have been two
subdivisions of this property. The
Planning Commission needs to know the answer to this question. The deeds to this property have to be
reviewed.
Patrice discussed the Open Space issue for this
subdivision. The applicant and
Commission are agreeable to a fee in lieu of open space. Patrice will take the necessary steps to have
the property appraised to establish the Open Space fee per lot.
Merv Strauss advised Gerry Hardisty to bring his cfs
amount on existing drainage from 30 cfs to 60 cfs.
The two most important issues to be resolved are:
1. Find out if a drainage easement
already exists.
2. Should this be a subdivision or
re-subdivision application.
b. Reconfiguration of Lots, Parcel 1
& Parcel 2, 18 Isaac Bradway Road, Bernier
Mark Hoffman, Surveyor
for the applicant, has provided most of the information requested by Merv
Strauss. Merv was concerned about the
driveway being 10' from the property line.
Patrice Carson said that it wouldn't matter because the location of the
driveway is less non-conforming than it was.
Steve Jacobs, Sanitarian, has done the necessary
testholes and established the location of the septic system.
The only item remaining is Merv Strauss' request for
the surveyor to tie in both sides of Bradway Road on the plan and this can be a
condition of approval.
Michelle Hayward made a motion to approve the
reconfiguration of property of John & Michael Bernier at 18 Isaac Bradway
Road, parcels 1 & 2, as shown on map entitled, "Property Survey
Prepared For John & Michael Bernier, Somers, Connecticut", with the
condition that the Town Sanitarian signature is on the plans and have the
surveyor provide the technical information to relate the east and west street
lines to each other. Although a new lot
is created, this reconfiguration does not constitute a subdivision because this
reconfiguration constitutes a first cut of property.
This motion was seconded by Len Viera and unanimously
approved by the Commission.
c. Zoning Referral: Site Plan Application for Used Car
Dealership, 58 Springfield, Moore
Mr. Moore made the
revisions to his Site Plan that were requested at the 4/10/03 Planning
meeting. He has also revised his Site
Plan because somebody else will be renting the back building. Therefore, he will only have a (20) vehicle
capacity and his business hours will be from 8:00 a.m. until 4:00 p.m. and 9:00
a.m. until 1:00 p.m. on Saturdays. He
changed his hours so that a lighting plan will not be necessary. The dealership will only be open during
daylight hours.
Mr. Moore expanded the screening of the southerly
property line as well as changing the location of the overhead door to face the
back of the property. No car washing or
oil changing will be done on the property because he would have to go through
the DEP in order to do fluid changes or car washing.
Len Viera asked if the inside of the building had a floor drain. Mr. Moore said he has not fully inspected the inside of the building but if there is a floor drain, it will be removed.
Mr. Moore pointed out the parking spaces which are
all up against the building. All trees
and bushes will be planted on his property - not his neighbor's.
He is willing to sign a release to the Town of any
liability connected with the cadmium contamination on the property. The DEP and the owner of the property will
have to come to terms about cleaning the contamination from the site. Mr. Moore said that the DEP stated that the
presence of cadmium in the soil does not endanger the groundwater or any nearby
wells.
Mr. Moore is willing to work with his neighbors
(Kathy Mashiak and Ralph Williams) to make sure that his site plan is agreeable
to them.
Patrice Carson said a used car lot is a perfect
re-use of the site - considering what was on the property before and its
current contamination issue.
Brad Pellissier made a motion to recommend approval of this Site Plan Application to the Zoning Commission with the following conditions: (1) that Mr. Moore sign a release to the Town of any liability on the site because of the existing cadmium contamination and (2) that the State DOT be contacted regarding the entrance and exit to the site. Michelle Hayward seconded the motion which was unanimously approved by the Commission.
IV. NEW BUSINESS:
a. Reconfiguration of Lots, 34 Hall
Hill Road & 36 Kensington Court, McCaughey
Mr. McCaughey is taking a
piece from Lot 1B (Lomangino) and adding it to his property at 34 Hall Hill
Road. Steve Jacobs, Sanitarian,
expressed concern over a utility easement on Lot 1B. This easement will be conveyed to the Town.
Michelle Hayward made a motion to approve the
reconfiguration of property of David McCaughey at 34 Hall Hill Road, and
property of Frank Lomangino at 36 Kensington Court, as shown on map entitled,
"Compilation Map Showing Area To Be Acquired by David J. McCaughey, 34
Hall Hill Road, Somers, Connecticut".
This reconfiguration does not constitute a subdivision because no new
lot is created. This motion was
seconded by Len Viera and unanimously approved by the Commission.
b. Reconfiguration
of Lots, 251 & 255 Field Road, Smyth & Avery
This item will be deferred because the applicants have made some changes that have not been reviewed by Staff. Patrice Carson gave Merv Strauss a copy of the new plan for his review. Basically, the plan gives more property to R. Smyth for expansion of his auto body business. The area is all industrially zoned.
c. Other:
The Board of Selectmen formally made
a request to the Planning Commission to compile a list of town roads that could
be abandoned. Most of the roads
considered would be unpaved. Input from
Public Works will be required in order to create this list. When a town road
becomes abandoned, it gets split down the middle and one side belongs to that
property owner and the other half belongs to the property owner on the opposite
side. After a road is abandoned, the
town has no further responsibility -maintenance or otherwise.
The following is a short list of roads that should
be reviewed for abandonment that the Town Planner put together. This list may change after a review with
Public Works.
Ford Road (runs from Hampden Road to
Rte. 83)
Cooke Road (off Rosehaven Rd.)
Algonet Road (off Rosehaven Rd.)
County Road (between Main Street and
Lance Drive)
Cooley Road
Wells Road
King Road Extension
Durkee Road (at the end)
Parker Road (at the end)
Hutton Road
After a meeting with Public Works, the Fire and
Police Departments will have to be consulted about possible road abandonment.
V. STAFF/COMMISSIONER REPORTS:
Merv
Strauss has been working on agenda items for the past several weeks.
Patrice
Carson reviewed several future seminars with the Commissioners and said that if
anyone is interested, to contact her.
All commissioners were sent an invitation from the Hartford Alliance to
attend an economic development workshop on 4/30/03 at 7:00 p.m. in the Town
Hall Auditorium. Also, two workshops on
Smart Growth are available on May 22, 2003 from 5:00 until 7:30 p.m.
Patrice Carson requested that she be allowed to
attend a CCAPA Executive Committee Meeting on Friday, May 9, 2003. This would be at no cost to the Town.
Brad Pellissier made a motion to approve Patrice
Carson attending the 5/9/03 CCAPA Executive Committee meeting. This motion was seconded by Michelle Hayward
and unanimously approved by the Commission.
The Commission acknowledged receipt of a copy of a
letter from Ken Prior, 364 Mountain Road, that listed many complaints about Dan
Roulier's Worthington Pond Farm development.
The Zoning Commission is looking into these complaints.
Len Viera suggested digging ponds in certain areas
where there is no water available for the Fire Department to fill up their
tanks. Patrice Carson said this should
be a discussion that would be brought up by the Fire Department during the
updating of the Plan of Conservation and Development.
VI. CORRESPONDENCE AND BILLS:
Bus
Trip (Laidlaw Bus Company) $105.00
Office
Supplies $50.00
Planimetrics
(work that has been completed) $5,506.51
Journal
Inquirer (meeting of 2/27/03) $47.22
Brad
Pellissier made a motion to approve payment of the bills; seconded by Len Viera
and unanimously approved by the Commission.
VII. MINUTES APPROVAL: March
20, 2003 & March 27, 2003 & April 10, 2003
Michelle
Hayward made a motion to approve the 3/20/03 minutes, as written. This motion was seconded by Len Viera and
unanimously approved by the Commission.
Michelle Hayward made a motion to approve the
3/27/03 minutes, as written. This
motion was seconded by Brad Pellissier and unanimously approved by the
Commission.
A change was made to Page 4 of the 4/10/03 minutes,
paragraph 6, remove item (3). Brad
Pellissier made a motion to approve the 4/10/03 minutes, as amended. This motion was seconded by Len Viera and
unanimously approved by the Commission.
IX. ADJOURNMENT:
Motion to adjourn was made by Brad Pellissier; seconded by Len Viera and unanimously approved by the Commission. The meeting adjourned at 8:45 p.m.
Respectfully submitted,
Len Viera, Secretary
Connie Carenzo, Recording Secretary
MINUTES ARE NOT OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT MEETING.