TOWN OF SOMERS

PLANNING COMMISSION

P. O. Box 308

Somers, Connecticut 06071

 

PLANNING COMMISSION MINUTES

5/22/03; 7:00 p.m.

Town Hall

 

I.          CALL TO ORDER:

 

            Chairman Karl Walton called the meeting to order at 7:10 p.m.  Members present were:  Karl Walton; Cliff Bordeaux; Jackie Haas; Len Viera and Alternate Brad Pellissier who was seated for Mike Collins.  Also present were:  Patrice Carson, Town Planner and Merv Strauss, Town Consulting Engineer.

 

II.            AUDIENCE PARTICIPATION:    There was none.

 

III.       OLD BUSINESS:

            a.            Subdivision Application #371:  3-lots, Hillcrest Resubdivision, Hillcrest Drive (Property of Larson) Buck Builders, LLC

 

            Gerry Hardisty, engineer for the applicant, stated that everything on the Staff's list of concerned has been addressed and - where necessary - added to the drawing.

 

Patrice Carson said the only item she has left is a change to the key maps to depict houses and wetlands at a 1" - 500' scale.  The house numbers are not on the drawing because the Assessor has not assigned them yet.

 

The (6) concerns of the Sanitarian have been addressed.  Wetland Officer David Askew would like erosion control measures shown on the drawing.

 

Attorney John Parks said the big issue is still about an existing drainage easement to the Town.  Attorney Parks did receive a letter from the title company.  There is an existing cul-de-sac and an existing catch basin.  The underground pipe drains into a swale first and then into the brook.  Attorney Parks researched the original subdivision map.  At the time the easement to the Town was created in 1964, an A-2 survey showed the easement right up to the stream.  Larson owned all of this property in 1964.  A lot was sold to Celatto and that deed does not show the right to drain.  The Town accepted this right-of-way from the end of the cul-de-sac to the brook.  Buck Builders would like to drain into this established drainage easement.

 

Attorney Parks suggested forwarding all of his accumulated paperwork to the Town Attorney for a resolution on this matter.  Attorney Parks said he would meet with the Town Attorney at his convenience.

 

Patrice Carson said the original easement granted in 1964 was 16.5' longer than presently shown and extended to the brook.  The deed states that a right to drain was granted to the brook.  Attorney Parks presented pictures of the pipe going down to the brook.

 

There appears to be no simple answer to this dilemma.  The Attorneys will have to come up with a ruling.  John Parks is satisfied that a right to drain into the brook exists.

 

It was the consensus of the Planning Commission to forward all of these records to the Town Attorney for his evaluation.

 

Patrice Carson said time is running out to set a public hearing date.  Blaine Buck of Buck Builders granted a two week extension until 6/26/03 to the Commission and will submit a letter.

 

Jackie Haas made a motion to accept an extension of (2) weeks to 6/26/03 so that a public hearing date can be set for 6/26/03 - if all issues are resolved.  This motion was seconded by Len Viera and unanimously approved by the Commission.

 

            b.            Subdivision Application #372:  2-Lot Subdivision, 245 George Wood Road, Camerota

 

            Len Viera stepped down from his Commission seat for discussion of this item only.

 

            Gerry Hardisty, engineer for Len Viera, said that this is a re-subdivision.  The driveway is now shown on the plan.  Also shown is a screen of rhododendrons for a buffer to the wetlands.  An engineered design septic system note is now shown on the plan.  All of the Sanitarian's issues have been addressed.  FEMA Base Flood elevation for this location is 210.38.  Basement elevation is 210.5 and is shown on the drawing.  A waiver will be needed because the lot line is not radial.

 

The next step would be to set a public hearing date.  Patrice Carson still requires a written note from the owner that the lot will be deeded to his daughter for no consideration, and also a house number needs to be assigned.

 

The owner agreed to wait until 6/26/03 for the public hearing date so that both subdivisions could be reviewed at the same time - provided the Buck re-subdivision problems are resolved.

 

Jackie Haas made a motion to set the public hearing date for this re-subdivision for 6/26/03 at 7:00 p.m.  Cliff Bordeaux seconded this motion which was unanimously approved by the Commission.

 

Len Viera returned to his Commission seat.

 

IV.       NEW BUSINESS:

            a.            Zoning Referral:  Special Use Permit Application for Gravel Bank, Egypt Road, Charter

 

            b.            Zoning Referral:  Special Use Permit Application for Gravel Bank, South Road, Pleasant View Farms Realty

 

Cliff Bordeaux stepped down from his Commission seat for discussion of the gravel banks only.

 

It was the consensus of the Commission to defer discussion of these gravel banks until the next Planning meeting on 6/12/03 because the Zoning Enforcement Officer Jim Taylor and Town Consulting Engineer Merv Strauss have not yet done their annual inspections.

 

Cliff Bordeaux returned to his Commission seat.

 

            c.            Zoning Referral:  Site Plan Application for Warehouse Space Rental, 251 Field Road, Smyth

 

            Bob Smyth presented a site plan to the Commission that shows a new building for warehouse space rental behind his existing building.  He recently went through a reconfiguration of land where he acquired this additional property.  This piece of land is also industrially zoned.  The existing road will be used to access this back property.  The building will be a 45' x 100' steel warehouse structure.  Part of this building will be visible from Field Road.  Bob Smyth's property abuts industrially zoned land.

 

The Commission would like to see both a parking plan and a lighting plan - even if Mr. Smyth's requirements are minimal as well as other items listed in the Site Plan requirements.  Patrice Carson said the Staff will meet with the engineer to review the requirements for his site plan.

 

            d.            Other:

 

                        Cliff Bordeaux made a motion to add the following item under Item (d) Other; seconded by Len Viera and unanimously approved by the Commission.

 

                        8-24 Referral:  Sale of Town Property at 740 Hall Hill Road, Lot 34

 

                        Patrice Carson pointed out on a plan the area that belongs to the Town.  This piece of land is a pre-existing, non-conforming building lot of record.  Public water and sewer connections would be coming in from East Longmeadow.  The assessor valued this lot at $35,000.00.  The lot is approximately 14,000 square feet and the owner is entitled to a variance, if needed.

 

Len Viera made a motion to recommend the sale of this Town property and offer the piece to the abutter for $35,000.00.  This motion was seconded by Cliff Bordeaux and unanimously approved by the Commission.

 

V.            STAFF/COMMISSIONER REPORTS:

 

            Patrice Carson said she has been working on the agenda items as well as meeting frequently with Planimetrics on the updating of the Plan of Conservation and Development.

 

Commissioner Jackie Haas submitted her resignation from the Planning Commission, effective 5/22/03.  Patrice Carson reminded the Commission that they have (30) days to fill this vacancy or it goes to the Board of Selectmen.  Len Viera made a motion to accept Jackie Haas' resignation, with regret.  This motion was seconded by Cliff Bordeaux and unanimously approved by the Commission.

 

Len Viera made a motion to add the following item to the agenda; seconded by Cliff Bordeaux and unanimously approved by the Commission.

 

VI.            Discussion - Possible Decision:  Filling Vacancy left by Jackie Haas' Resignation:

 

            Len Viera made a motion to nominate Brad Pellissier to fill the vacancy created by Jackie Haas' resignation; seconded by Cliff Bordeaux and unanimously approved by the Commission.  Brad Pellissier accepted the nomination.

 

Jackie Haas said she has always enjoyed being on the Planning Commission.  She feels that the Planning Commission operates without any political undertones.  The Commission always tries to treat people fairly.

 

VIII.            CORRESPONDENCE AND BILLS:

 

            Bills:

 

            Merv Strauss (1-1-03 through 3-30-03)       $520.00

            Journal Inquirer - legal notice of 3/27/03 $47.22

            Planimetrics (work that has been completed)            $5,050.00

            Planning's Share of Land Use Copier

            Maintenance     $56.25

 

            Brad Pellissier made a motion to pay the bills; seconded by Cliff Bordeaux and unanimously approved by the Commission.

 

A letter was received from Marion Richard, 372 Mountain Road, with a list of complaints she had about the development going on at Worthington Pond Farm.  She is in favor of having the Special Use Permit rescinded.

 

IX.            MINUTES APPROVAL:            April 24, 2003 & May 8, 2003

 

            Brad Pellissier made a motion to approve the 4/24/03 minutes, as written.  This motion was seconded by Len Viera and unanimously approved by the Commission.

 

Barbara Wilder, South Road  asked that a portion of her comment at the last meeting be deleted as she did not make the statements.

 

2nd line on Page 4:  Remove "is a 15' wide easement on this road".  Third, fourth and fifth lines were also eliminated.

 

Cliff Bordeaux made a motion to approve the 5/8/03 minutes, as amended.  This motion was seconded by Len Viera and unanimously approved by the Commission.

 

X.            ADJOURNMENT:

 

            Motion to adjourn was made by Cliff Bordeaux; seconded by Len Viera and unanimously approved by the Commission.  The meeting adjourned at 8:30 p.m.

 

                                                            Respectfully submitted,

 

 

 

                                                            Leonard Viera, Secretary

 

                                                            Connie Carenzo, Recording Secretary