TOWN OF SOMERS

PLANNING COMMISSION

P. O. Box 308

Somers, Connecticut 06071

PLANNING COMMISSION MINUTES

6/26/03; 7:00 p.m.

Town Hall

I. PUBLIC HEARINGS:

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

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

Chairman Karl Walton called the public hearing to order at 7:10 p.m. Town Planner Patrice Carson read the legal notice for both applications.

a. Subdivision Application #372:

Len Viera recused himself from discussion of this item only.

Gerry Hardisty, engineer for the applicant, stated this parcel is located on George Wood Road and consists of 2.4 acres. The applicant wishes to divide this property into (2) parcels. Wetlands approval has been obtained with the condition that the house is set back 35' from the wetland. The second lot will be deeded over to Mr. Viera's daughter for no consideration.

Annette Reed of 223 George Road asked what side of the brook the new house would be on. Gerry Hardisty said the west side of the brook - where the existing house is located.

Patrice Carson said from a Staff perspective, all seems to be in order. The Sanitarian's concerns have been resolved; the wetlands permit for this lot has been approved. Open Space fee is not required because Len Viera is giving this lot to his daughter. The Planning Commission will have to authorize the direction of the lot side lines since they are not radial or at right angles to the streetline.

Merv Strauss indicated that all of his concerns have been satisfied.

Mike Collins made a motion to close the public hearing; seconded by Cliff Bordeaux and unanimously approved by the Commission. This public hearing ended at 7:20 p.m.

b. Subdivision Application #371:

This public hearing opened at 7:10 p.m.

Gerry Hardisty, engineer for the applicant, said this is a proposed 3-lot resubdivision - total parcel is 4.3 acres. The developer has agreed to rebuild the drainage on Hillcrest Drive. The Wetlands Application has been approved and all of the Staff' concerns have been resolved.

Robert Bartholomew, 13 Hillcrest Drive talked about drainage. He said his property has had a lot of problems in the past; but he has put in curtain drains and his neighbor put in a 6" drainage pipe. He said he has had as much as 6" of water up against his house.

Gerry Hardisty pointed out the drainage improvements planned for Hillcrest Drive. Gerry said that nothing planned will negatively affect Mr. Bartholomew's property. Sanitarian Steve Jacobs required a defined water run-off plan so the Bartholomew property will not be affected.

Patrice Carson stated that from a Staff perspective, all concerns have been satisfied. The open space fee will be paid upon the sale or transfer of each lot, ($2,666.66 per lot). A $10,000 bond will be required for the drainage work to be done.

Merv Strauss said that most of his concerns have been satisfied. He would prefer that the swale on the side of the road drain into the catch basin. The Commission will have to authorize that the lot lines remain as shown.

Robert Bartholomew asked when this project would begin and was told as soon after the fifteen day appeal period is over - as possible.

Cliff Bordeaux made a motion to close the public hearing; seconded by Brad Pellissier and unanimously approved by the Commission. The public hearing ended at 7:30 p.m.

II. CALL TO ORDER:

Chairman Karl Walton called the regular meeting to order at 7:30 p.m. Members present were: Karl Walton; Len Viera; Mike Collins; Cliff Bordeaux and Brad Pellissier. Also present were: Merv Strauss, Town Consulting Engineer and Patrice Carson, Town Planner.

III. AUDIENCE PARTICIPATION: There was none.

IV. OLD BUSINESS:

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

No further discussion was initiated except Merv Strauss requested that, if possible, the swale on the north side of the proposed lot be directed to flow into the existing catch basin.

Len Viera made a motion to approve Buck Builders LLC's 3-lot resubdivision, application #371, in accordance with the plans known as "Resubdivision Plan Hillcrest Resubdivision Prepared For Buck Builders, Somers, Conn.", dated 3-24-03, Revised: through 6-4-03, 3 sheets, which is conditional on the following:

1. A note shall be placed on the plans:

"The filing of a $8,000.00 fee in lieu of open space ($2,666,66 per lot) is required to be paid to the Town of Somers upon the sale or transfer of each lot."

The Town of Somers shall also place a notice on the land records to insure payment.

2. A copy of the transfer of any lot shall be filed by the applicant with the Planning Office.

3. The signature of the Town Engineer and Town Sanitarian be on the plans signifying their approval of the plans in accordance with Section 213.19 of the Subdivision

Regulations.

4. All appropriate seals and signatures of the design professionals and Soil Scientist for this plan shall be on the plans.

5. The $300.00 fee for the appraisal for open space shall be paid in full and proof of payment shall be submitted to the planning office.

6. A bond for site improvements in the amount of $10,000.00 and in a form acceptable to the Town Attorney be filed with the Planning Office as required by Section 213-54.

7. In accordance with Section 213.22.C. of the Subdivision Regulations, the Planning Commission authorizes the directions of the lot side lines since they are not radial or at right angles to the streetline.

8. The proposed swale on Lot (#1) along the north side of the proposed lot will, where possible, be directed to flow into the existing catch basin on Hillcrest Drive.

The Planning Commission finds with these conditions the plan meets the requirements of the Somers Subdivision Regulations.

Mike Collins seconded this motion which was unanimously approved by the Commission.

Patrice Carson said the bond has to be posted before any work is started and a preconstruction meeting should be held with the Town Engineer.

b. Discussion/Possible Decision: Subdivision Application #372, 2-lot Resubdivision, 246 George Wood Road, Camerota

Len Viera recused himself from discussion of this item only.

Brad Pellissier made a motion to approve Frank Camerota's 2-lot resubdivision, application #372, in accordance with the plans known as "Resubdivision Plan 245 George Wood Road

Prepared for Leonard Viera, Somers, Conn.": 1-30-03, Revised: through 5-22-03, 3 sheets, which is conditional on the following:

1. A copy of the transfer of any lot shall be filed by the applicant with the Planning Office.

2. The signatures of the Town Engineer and Town Sanitarian be on the plans signifying their approval of the plans in accordance with Section 213-19 of the Subdivision Regulations.

3. All appropriate seals and signatures of the design professionals and Soil Scientist for this plan shall be on the plans.

4. Within 45 days of this approval all iron pins and monuments be set and certified in accordance with the plans or a $10,000 bond be received by the Town in accordance with Section 213-54.c. of the Subdivision Regulations.

5. The applicant has met the open space requirement by providing a signed statement that the lot will be given to a qualified family member under the Town Subdivision Regulations and State Statutes.

6. In accordance with Section 213-22.C. of the Subdivision Regulations, the Planning Commission authorizes the directions of the lot side lines since they are not radial or at right angles to the streetline.

The Planning Commission finds with these conditions the plan meets the requirements of the Somers Subdivision Regulations.

Mike Collins seconded this motion which was unanimously approved by the Commission.

Len Viera returned to his Commission seat.

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

Patrice Carson said the Staff had asked the applicant's engineer to supply some more information and they are still working on it. The Commission will have to deny without prejudice because time has run out.

Mike Collins made a motion to recommend to the Zoning Commission denial of this Site Plan Application due to lack of sufficient information to make a recommendation; seconded by Brad Pellissier and unanimously approved by the Commission.

The Commissioners indicated they would be glad to review this Site Plan Application in the future when the required information is available.

d. Subdivision Application #373: 2-Lot Subdivision, Bilton Road, Bushnell

Patrice Carson reported that Sanitarian Steve Jacobs has some concerns about this subdivision that have to be satisfied. He has proposed that the septic system be installed before construction to see if it will perform properly. The site is very wet.

e. 8-24 Referral: Sale of Town Property, 750 Hall Hill Road, Town of Somers

A letter was received from the First Selectman stating that this sale was approved at the Planning Meeting of 5/22/03 with the wrong address. It was the consensus of the Commission that the approval was legitimate since the property reviewed was the same and the address has been changed to 750 Hall Hill Road, rather than 740 Hall Hill Road.

V. NEW BUSINESS:

a. Discussion/Possible Decision: Modification of Permit #353, 8-lot Subdivision Harvest Hill Estates, Turnpike Road (SR 528), S. D. Williams, LLC

Steve Williams, the developer, brought in some new plans to review with the Commission. He has had a big problem with the Army Corps of Engineers. They have required him to install (3) huge box culverts - 10' wide and 3' high - to prevent drainage into the stream. There was a discussion as to who should maintain these culverts. Also, the Army Corps of Engineers wants the existing culvert to remain in place. If this plugs up, water will go out onto Turnpike Road. Patrice Carson suggested sending a letter to the State which places the maintenance burden on the State.

Mr. Williams said he would like to be allowed to sell lots while he is rebuilding the access road; installing the culverts and building the subdivision road.

Patrice Carson said she would not have a problem with the developer posting the bond and as long as he is working on the road, he can sell the lots.

Mr. Williams said the box culverts will cost about $175,000.00 and can be delivered in about six to eight weeks. He said he would like to do the bonding in two stages. He would like to do the initial crossing without a bond because he has to pay for these culverts.

The original bond was $365,455. Brad Pellissier said that if the bond is refigured, the bonding amount will most likely go up.

Karl Walton said he does not object to bonding in stages. The existing crossing has to be abandoned and a new crossing installed.

Phase #1 would be 150' of crossing road into the subdivision road. Mr. Williams will put in a 48" pipe so the wetlands will not be disturbed. This crossing has to be done by 9/30/03. He has to build a bridge before he can build the subdivision.

It was the consensus of the Commission that the developer's engineer should update the bonding figures so they are current.

Brad Pellissier made a motion to amend the approval of Subdivision Application #353 Condition #7 so that lots in the subdivision may be sold or offered for sale upon the bonding of Phase II - the construction of the subdivision road. Mike Collins seconded this motion which was unanimously approved by the Commission.

Mike Collins made a motion to again amend Subdivision Application #353, Condition #5, which would be for the applicant to provide an appropriate updated bond figure for the road to be built in two phases. Phase I would be for about 150' of road coming in from Turnpike Road - including the installation of (3) box culverts. Phase II would be the balance of the subdivision road. This motion was seconded by Len Viera and unanimously approved by the Commission.

Brad Pellissier said that if the applicant constructs Phase I and does not bond Phase II, then it could end up as just a crossover road.

Patrice Carson said the Commission has used phased bonding before. She asked if the Commission would like the applicant to bond Phase I without the cost of the culverts. Karl Walton agreed this would work. The consensus was it is acceptable for the applicant to show a receipt for the cost of the culverts - then the initial bond could be reduced.

A pre-construction meeting will be required.

b. Request from Board of Selectmen for Review of Driveway Location, 175 Highland View Drive

The driveway regulations require that a driveway entrance be at least 75' away from an intersection. If the proposed driveway was on the side of the road where a stop sign existed, then this could be a problem. However, it is on the opposite side of the road.

Fox Hollow Road goes into Highland View Drive. This is not a high traffic area. The proposed driveway cut is about 25' from the intersection. The road width is 28'. Public Works does not see a problem with the proposed driveway cut and feels it will not block the intersection.

Len Viera made a motion to recommend to the Board of Selectmen that this driveway entrance be approved, as proposed by the homeowner. Both Public Works and Town Consulting Engineer do not see a problem with this location. Brad Pellissier seconded this motion which was unanimously approved by the Commission.

c. Zoning Referral: Special Use Permit Application for Office Trailer, 111 George Wood Road, Spazzarini Construction, Inc. - Renewal Request

The office trailer required for the State construction job on Hall Hill Road needs to be renewed for another year after which the construction should be finished.

Len Viera made a motion to recommend approval to the Zoning Commission of the renewal of the Special Use Permit for an office trailer at 111 George Wood Road. This motion was seconded by Brad Pellissier and unanimously approved by the Commission.

d. Zoning Referral: Proposed Amendments to Zoning Regulations Sections 214-4; 214-92.C., 214-97.Y., 214-98.C.19; 214-98.C.21., 214-99.C., 214-105.B., 214-111., Article XVA, Proposed by the Somers Zoning Commission

Patrice Carson told the Commission that the proposed amendments were to clarify misinterpretations of the regulations as well as add some clarification as pointed out by the Town Attorney.

214.4 Farm Workers Housing:

Mike Collins made a motion to recommend approval to the Zoning Commission of this amendment with the added recommendation that the words "and owned by the applicant" be added. Brad Pellissier seconded the motion which was unanimously approved by the Commission.

214.4 Kennel:

Karl Walton made a motion to recommend approval to the Zoning Commission of the changes in the kennel definition; seconded by Mike Collins and unanimously approved by the Commission.

214.92 Temporary Uses:

Brad Pellissier made a motion to recommend approval to the Zoning Commission of the changes in the temporary uses definition; seconded by Len Viera and unanimously approved by the Commission.

214.99 Buffers and Screening:

Karl Walton made a motion to recommend approval to the Zoning Commission of the changes in the Buffers and Screening regulation; seconded by Mike Collins and unanimously approved by the Commission.

214-105 Special Use Permit:

Mike Collins made a motion to recommend approval to the Zoning Commission of the changes in the Special Use Permit regulation; seconded by Karl Walton and unanimously approved by the Commission.

214-111 Variances:

Karl Walton made a motion to recommend approval to the Zoning Commission of the clarification of the wording on Variances; seconded by Mike Collins and unanimously approved by the Commission.

Article XVA - Ridgeline and Hillside District:

Karl Walton made a motion to recommend approval to the Zoning Commission of the removal of this regulation with the stipulation that this may be re-visited when a new ridgeline map is created. The Plan of Conservation and Development will be making a recommendation for a new regulation. The present regulation is not enforceable - according to the Town Attorney. This motion was seconded by Brad Pellissier and unanimously approved by the Commission.

VI. STAFF/COMMISSIONER REPORTS:

Merv Strauss indicated that he has been working on most of the agenda items.

Patrice Carson said the next regular meeting of the Planning Commission is 7/17/03 and the meeting on the Plan of Conservation and Development will be on 7/24/03.

Patrice said she has reviewed (10) plans since the last meeting and has also worked extensively on the Plan of Conservation and Development.

VII. AUDIENCE PARTICIPATION:

Carol Pyne of Sunset Drive asked what if somebody wants to build on the ridgeline before a new regulation is in place. She was told they could just build - there is no enforceable regulation currently in place.

VIII. CORRESPONDENCE AND BILLS:

Merv Strauss (4/1 through 6/19/03) $3,921.25

Merv also indicated that his charges up until the end of this fiscal year would be between $500 and $1,000.

Karl Walton made a motion to pay this bill; seconded by Brad Pellissier and unanimously approved by the Commission.

Planimetrics (agreed to first segment) $27,443.42

Mike Collins made a motion to pay this bill; seconded by Brad Pellissier and unanimously approved by the Commission.

Planimetrics (additional conservation and planning assistance for assembling information, outcome of meetings, recommendations of steering committee, and mapping utilizing data developed by the Planner for the Conservation, Historic, Natural Resources and Open Space sections of the Plan of Conservation & Development $5,000.00

Patrice Carson said there is about $7,000.00 left in the engineering budget for this fiscal year. She suggested transferring $5,000.00 of this money into the Plan of Conservation and Development account.

Mike Collins made a motion to transfer $5,000.00 from the engineering account into the Plan of Conservation and Development account and approve payment of this bill. This motion was seconded by Brad Pellissier and unanimously approved by the Commission.

IX. MINUTES APPROVAL: June 12, 2003

Brad Pellissier made a motion to approve the June 12, 2003 minutes, as written. This motion was seconded by Cliff Bordeaux. The vote was: (4) in favor; (0) opposed; (1) abstention (Walton). The motion carried.

X. ADJOURNMENT:

Motion to adjourn was made by Brad Pellissier; seconded by Mike Collins and unanimously approved by the Commission. The meeting adjourned at 9:00 p.m.

Respectfully submitted,

Leonard Viera, Secretary

Connie Carenzo, Recording Secretary

MINUTES ARE NOT OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT MEETING.