PLANNING
COMMISSION
P.O. BOX 308
Thursday, November 18,
2004
7:00 p.m. Town
Hall
I.
CALL TO ORDER
Chairman Karl Walton called
the regular meeting to order at 7:00 p.m.
Members Cliff Bordeaux and Karl Walton and Alternate Members Joseph
Iadarola, Jr. (seated for Michael Collins), Greg Genlot (seated for Brad
Pellessier), and Georgeanne Kuzman (seated for Michelle Hayward) were present
and constituted a quorum. Also in
attendance were Town Planner, Patrice Carson and Town Consulting Engineer,
Mervyn Strauss.
First Selectmen
David Pinney spoke with regard to the Plan of Conservation and Development and
requested the Commission’s input as to having regularly scheduled meetings
devoted to implementing the Plan as adopted and who should be invited to attend
the meetings.
Commission
Members agreed that regularly scheduled meetings would be a good idea and it was
suggested that the meetings be held on the 3rd Thursday of the month
when regular Planning meetings are not being held. It was also suggested that all land use
Commission’s should have representation at the meetings.
III. OLD
BUSINESS
a.
Subdivision Application #382:
11-Lots, Isabella Drive Extension, Leno
Attorney
John Parks, spoke on behalf of Mr. Leno, who was unable to attend the
meeting. He reminded the Commission
of the last meeting at which time it was decided to consult with the Town
Attorney which he had done regarding two issues with the application. First, the attorney had determined --
and Attorney Parks agreed -- that the Commission has no authority to require
that the applicant reconfigure the corner of Battle Street and Stebbins
Road. The Town itself would be
responsible for taking care of such a project.
The
second issue, the extension of Isabella Drive, Attorney Parks stated that he did
not agree with Attorney Landolina’s findings on. The Town attorney had cited a Superior
Court case in Fairfield in which the town was granted the authority to require
the applicant to extend a roadway.
Based on this finding, Attorney Landolina felt that the Town did have the
authority to request an extension of the cul-de-sac. Attorney Parks felt the Fairfield case
didn’t apply and only a judge could determine what is right in this particular
case. He also stated that his
client would have to meet with the owner, Mrs. Smith, to discuss the situation
with her.
Mr.
Parks asked how connecting Isabella Drive to Stebbins Road would be an
improvement over the cul-de-sac.
Mr. Walton replied that it would make a more orderly road system. The applicant has only been requested to
provide a traffic study to see the effects of the extension of Isabella
Drive.
Kathy
Leno said that connecting Isabella Drive would devalue the properties on that
road.
Attorney
Parks stated that his concerns were about power and authority and what the next
step should be at this point. Mr.
Parks raised the issue of time constraint and the need for an extension from the
applicant. Mrs. Carson stated that
the receipt date of the application was October 14, 2004 and the Commission has
a 65-day clock which runs out on December 17th. Mr. Strauss stated that he would not be
available for a hearing on January 13th, but would be available on
the 6th or the 20th.
Mr.
Parks stated that Sandy Aeschliman had the Town Engineer’s comments. Mr. Strauss asked about the outlet for
the swamp and what will happen to the parcel containing the swamp land. Mrs. Leno stated that the land would be
conveyed to their parcel at 80 Pond Circle and the water would continue to flow
across their property.
Mr.
Parks stated the applicant would like to grant an extension to the Commission in
order for them to commence the public hearing and would submit a letter to the
Planning Office to that effect. He
did not know if the applicant intended to have a traffic study at the December
2nd meeting or what his feeling would be about the public
hearing. It was determined that Mr.
Leno could provide his decision at the December 2nd meeting and this would give
enough time to notify the public about at January 13th Public
Hearing.
A
motion was made by Georgeanne Kuzman, seconded by Greg Genlot and unanimously
voted to accept the extension to January 13th granted by the
applicant for the purpose of beginning a public hearing on the
application.
b.
Discussion: Proposed
Amendments to Subdivision Regulations Section 213-19D, Filing Requirements for
Approved Subdivision Plans – Set Public Hearing
c.
Discussion: Proposed
Amendments to Subdivision Regulations Sections 213-30 Open Space – Set Public
Hearing
A
motion was made by Cliff Bordeaux, seconded by Georgeanne Kuzman and unanimously
voted to schedule the public hearing for items b. and c. above on Thursday,
December 2, 2004 at 7:00 p.m. in the Town Hall.
IV. NEW
BUSINESS
a.
Zoning Referral: Site Plan
Application for Change of Use to Bakery, 48 South Road (Units 13 and 14),
Zaleski
The
applicant Wayne Zaleski provided the plans to use Units 13 and 14 at Southfield
Corners as a bakery. Currently
there are no dividing walls between the two units as the units were combined
previously as a retail business.
There are two full basements to be used for storage of dry goods. There is one single handicapped bathroom
for which Mr. Zaleski has received a permit from the State of
Connecticut.
Mrs.
Carson stated that no comments from the Town Engineer were required because all
of the work to be done was interior in nature.
A
motion was made by Joe Iadarola, seconded by Georgeanne Kuzman and unanimously
voted to recommend to the Zoning Commission approval of Zaleski’s site plan
application for a bakery. The
Commission felt this was a proper re-use of the property in the Business
Zone.
b.
Zoning Referral: Site Plan
Application for Change of Use to Medical Office, 146 Main Street,
Quraishi
Dan
Wright, the architect for Dr. Quraishi, presented updated plans for the
Commission’s review. He stated that
the main problem the applicant had discovered was that the site is so small (1/5
of an acre) with a 1,000 square foot building. In addition there are several current
Zoning Regulations that the building as originally built does not
meet.
He
added that in order to include the 8 required parking spaces on the site, there
is over 60% of coverage of the site.
So as to prevent such a situation from occurring, perforated concrete
slabs with a gravel base are proposed.
This would also allow water to penetrate rather than gather in the
parking area and would not count as impervious surface in the coverage
calculation.
Mrs.
Carson presented a copy of a letter she received from Mr. Strauss containing his
comments on the application.
Discussion followed about some of the various issues, including whether
or not a permit was required from DOT.
It was determined that a permit was required in connection with the
paving issue. Mr. Strauss also
asked about the northwest stairway and wanted to be sure that there was a
walkway for it, or at least a concrete slab.
There
is a drainage pipe below the site and Mr. Strauss asked if there was an easement
to the State of Connecticut. Mr.
Wright replied that there was no easement to the State. The pipe doesn’t take any water from the
site but does carry it from other sites.
There is also no increase in the roof space, so the only increased
coverage issue arises with regard the pavement area.
It
was asked if the Zoning Commission is aware of the non-compliance issues with
regard to the regulations and Mr. Wright stated that they did. Mr. Strauss asked that these be noted on
the plans.
Mr.
Strauss stated that he felt his questions had been adequately answered and he
had no problem with the application as long as the drainage issues were taken
care of.
A
motion was made by Joe Iadarola, seconded by Cliff Bordeaux and unanimously
voted to recommend to the Zoning Commission approval of Quraishi’s site plan
application with the condition that the drainage issues are addressed to the
satisfaction of the Town Engineer.
The Commission felt this was a proper re-use of the property in the
Business Zone.
c.
Reconfiguration of Lots, 794 Main Street (Map 26 Block 30A) & 43
Wells Road (Map 26 Block 30 Lot 03), Martin & Smith
The
Smith’s who live on Wells Road wish to purchase a parcel of land from the
Martin’s who abut their property in order to add the property to their lot. No new lot would be created by the
transaction. Mr. and Mrs. Martin
are aware that once the property is sold, the barn will no longer be able to be
used for the keeping of animals due to the setback requirements of the Zoning
Regulations.
A
motion was made by Cliff Bordeaux, seconded by Joe Iadarola and unanimously
voted to approve the reconfiguration of property of Robert and Sarah Martin and
Donald and Carlene M. Smith at 794 Main Street and 43 Wells Road, as shown on a
map entitled, “Lot Reconfiguration Property Survey Prepared For Robert J., III
& Sarah J. Martin, 794 Main Street, Somers, Connecticut”, dated: 10/25/2004, Revised: through 11/10/04, 1 sheet. This reconfiguration does not constitute
a subdivision because no new lot is created.
V.
STAFF/COMMISSIONER REPORTS
A
brief discussion followed on cul-de-sacs.
Twenty years ago there were no length limits for cul-de-sacs.. Over time the regulation was amended to
allow cul-de-sacs no longer than 1,200 feet, but there were all sorts of
exceptions made. Then the
regulation was amended in that no exceptions would be given any longer than
1,200 feet and there was a 3-lot minimum.
It was determined that staff should revisit the cul-de-sac
regulations.
Patrice
Carson presented copies of the Plan of Conservation and Development to each of
the Commission Members and Alternates present. It was determined that in addition to
all members of the POCD Steering Committee, members of the Zoning Commission,
Conservation Commission and Board of Selectmen would also receive copies. In addition, a copy would be given to
the Chairman of each commission who has a responsibility listed in the tasks in
the POCD. A copy of the Plan
is also available on the Somersnow.com website. Planimetrics would like to make a formal
presentation of the report to the Commission in the near
future.
A
printed copy will also be presented to Simon Lipton. Mrs. Carson said that she would let the
Commission know when she would meet with Mr. Lipton in case anyone wanted to
attend with her. Mr. Walton stated
that he would like to be at the presentation.
The
meeting dates for POCD will be determined at the next meeting but will probably
be the 3rd Thursday of each month as were the dates during the POCD
process.
Patrice
Carson and Karl Walton attended the Freedom of Information Hearing and presented
a report to the Commission.
Mrs.
Carson also will be attending a meeting tomorrow, November 19, on cell
towers.
VI.
CORRESPONDENCE AND BILLS
A
copy of the Capital Region Home Sales Price Report was received from CROG and
shared with the Commission. It was
noted that the median sale price change from 2003 to 2004 was up 16 percent in
Somers.
The
agreement for North Central Conservation District and the services of David
Askew, Inland Wetlands/Erosion Control Officer was presented. A motion was made by Cliff Bordeaux,
seconded by Joe Iadarola and unanimously voted that the Chairman of the Planning
Commission sign the agreement.
Notification
was received of a workshop on Eminent Domain to be held on Thursday, December
9th from 2:00 to 5:00 costing $15.00. The Commission felt this was very timely
in the Somersville Mill proceedings.
A motion was made by Cliff Bordeaux, seconded by Joe Iadarola and
unanimously voted to have the Town Planner attend the workshop and report back
to the Commission.
Bills
were also presented from the Journal Inquirer for the public hearing on October
21, 2004 ($141.66) and the meeting decision on October 21, 2004 ($55.09). Also presented were bills from ABC Photo
Lab for the printing of the POCD ($3,700.00) and Planametrics November 10, 2004
bill ($2,040.50).
A
motion was made by Cliff Bordeaux, seconded by Georgeanne Kuzman and unanimously
voted to pay the bills as presented.
VII.
MINUTES APPROVAL
(October 14, 2004 and October 21, 2004 and October 28,
2004)
A motion was
made by Greg Genlot, seconded by Georgeanne Kuzman and passed by a vote of 3 in
favor, 0 opposed, and 2 abstentions (Bordeaux, Iadarola) to approve the minutes
of October 14, 2004, as written.
A motion was
made by Cliff Bordeaux, seconded by Georgeanne Kuzman and passed by a vote of 4
in favor, 0 opposed, and 1 abstention (Iadarola) to approve the minutes of
October 21, 2004, as written.
The Commission
defered voting on the minutes of the October 28, 2004 meeting until the next
meeting.
VIII.
ADJOURNMENT
A motion was
made by Cliff Bordeaux, seconded by Georgeanne Kuzman and unanimously voted to
adjourn the meeting Planning Commission meeting of November 18, 2004 at 8:55
p.m.
Respectfully submitted,
Brad Pellissier, Secretary
Robin Timmons,
Recording Secretary
MINUTES ARE NOT OFFICIAL UNTIL APPROVAL
AT A SUBSEQUENT MEETING.