PLANNING
COMMISSION
P.O. BOX 308
Thursday, December 2,
2004
7:00 p.m. Town
Hall
I.
PUBLIC HEARINGS:
a.
Proposed Amendments to Subdivision Regulations Section 23-19D., Filing
Requirements for Approved Subdivision Plans
Chairman Karl
Walton opened the public hearing at 7:00 p.m. Patrice Carson read the legal
notice. She explained that this
amendment would require that final plans be submitted on disk, CD or other
format acceptable for incorporation into the Town’s GIS System. Amendments to the subdivision
regulations do not have to be referred to CRCOG for comment. A time was provided for comments and
questions from both the audience and the Commission. There were none from
either.
A motion was
made by Cliff Bordeaux, seconded by Greg Genlot and unanimously voted to close
the public hearing at 7:11 p.m.
b.
Proposed Amendments to Subdivision Regulations Sections 213-30. Open
Space
Chairman Karl
Walton opened the public hearing at 7:12 p.m. Patrice Carson read the legal
notice. Mrs. Carson explained that
during the 18-month POCD process, one of the major issues presented to the
committee was that of the desire to acquire open space. The current regulations provide for
taking 10% land area or 10% in fee.
It was recommended at the POCD meetings and incorporated in the newly
adopted POCD to increase the land area figure to 15%. The fee would remain
10%.
Ed Wysocki, 337 Jobs Hill Road, Ellington, asked how much
money has been collected in the past as open space fees and if the money had
been kept in a separate fund. He
also wondered if it had been spent and who determined how to spend
it.
Mrs. Carson stated that approximately $200,000.00 had been collected and that it was required to be kept in a separate account from the General Fund. Spending money from that account works the same way approval of an 8-24 Municipal Improvement works, which ultimately must be approved at a Town Meeting.
Mr. Wysocki stated that he felt it was unfair to pass this large of a financial burden onto the landowners who deserve to get the most funds possible from the sale of their property. He raised the concern that the proposed amendment ultimately was taking from the elder resident landowners who use their property as part of their retirement. It is not up to this segment of the Town’s population alone to balance the Town’s budget.
Mrs. Carson stated that generally when the sale of the home takes place, the cost gets passed along to the buyers.
Chet Ladd, 184 Mountain View Road, said that this change would penalize the landowners for the benefit of homeowners. A better alternative would be to raise the mil rate, as this would more evenly distribute the financial burden.
Mr. Walton stated that the Commission is only working within the results of the POCD’s findings of what resident’s want. Currently the town has approximately 18% preserved open space, as opposed to the 50% suggested.
Mr. Ladd stated that he hasn’t seen anything formal about how much wetlands or nondevelopable land the town currently has that is already considered to be open space land. What is the percentage of open space that the town has compared to the desired percentage according to the POCD? He suggested taking this into account and balancing the total against what is actually desired.
He asked if it wouldn’t be better financially for the town to have people keep ownership of their land and pay taxes on it rather than have the land turned into open space? Mrs. Carson replied that there are areas of open space land that currently are generating tax income for the town.
Attorney John Parks, 352 Billings Road, asked how the figure of 50% was determined as being what the town needs for open space. To this, Mr. Walton replied that it was the result of the POCD process, which included a random statistical telephone survey of 400 townspeople.
Patrice Carson added that the Steering Committee had information and studies presented to it that showed when development is balanced with open space, it actually increased the value of the land over time. She also stated as a reminder that the land is not always taken for open space, but that many times a fee is taken instead.
Judy Snyder, 10 Kibbe Road, spoke in favor of the open space amendment. She said that she was pleased that the fee would still remain at 10%, but felt the increase in land amount was a good idea. She stated that she had moved to Somers because she loved the character of the town. She said that while she realized that the land needed to be developed somewhat for homes, because of the open space, homeowners can still enjoy the land facilities currently available. If development increases, then the town will become too crowded and the health of its residents is compromised, as well as the health and lifestyle of the wildlife. She added that she was part of the POCD meetings and had seen the work done over the 18-month period. Those who objected to the change should have attended the meetings, all of which were open to the public. The issue has been studied thoroughly and not decided upon randomly.
James Wysocki, 62 Eaglebrook Road, stated that surveys can be conducted in such a manner as to obtain the results desired merely by carefully selecting the people who are questioned and by the phrasing of the questions.
Mrs. Carson replied that the residents were chosen completely at random and the survey was conducted impartially by the professional Public Policy Group at University of Connecticut, and was statistically significant.
Attorney John Parks, 352 Billings Road, stated that the town had a respectable goal in working toward obtaining open space. What was at issue was the disparate burden being placed on the landowners versus the homeowners.
Mr. Walton stated that the Planning Commission does not have the power to increase or decrease the mil rate. They can make suggestions only in that regard. This amendment is only one way in which the town is working to increase open space, and nothing is definite as of yet.
Peter Bryanton, 186 Field Road, suggested that as a way to increase open space, the town could decrease the required lot size creating a more dense population.
Patrice Carson stated that the concept of soil-based zoning is a consideration and this conservation type of development does make better utilization of land and causes more open space. As part of the POCD recommendations the Planning Commission will be studying this concept and probably recommending it to the Zoning Commission who has the power to implement it.
Chet Ladd, 184 Mountainview Road, suggested that if the cluster type development were encouraged, then there would be no need to have to increase the open space fee. He added that those who have owned land in town for a hundred years should not have to write a check to the town when they sell their land.
John Avery, 325 Billings Road, asked if the town would be receptive to buying land and have the landowner retain a mortgage.
Attorney John Parks 352 Billings Road, stated that the residents might be more receptive if the Planning Commission joined forces with the Zoning Commission towards working with cluster development rather than voting on this amendment.
Ed Crow, 129 Wood Road, asked if the town had considered giving a reward to those who have kept land as open space for 30 years and then sold it for development. He stated that he is opposed to this change and feels that 10% is more than adequate.
David Birkenshaw, 171 Sokol Road, asked if other towns abut state forest in the same way Somers does and still take large amounts for open space. We already have a lot of state forest which is undeveloped and can be used for the enjoyment of residents.
Blaine Buck, 59 Juniper Hill, stated that he is against the increase in land. He feels that the builders pay the burden, not the buyers.
Rick Leno, 80 Pond Circle, is against the increase also. He feels the idea is totally unfair and a small percentage of the town residents will have to take on the financial burden of the whole town. He is in favor of open space, but feels it can be achieved by creating smaller lots.
A motion was made by Greg Genlot, seconded by Georganne Kuzman and unanimously voted to close the public hearing at 8:35 in order that the Commission may gather more information regarding some of the questions presented.
II. CALL
TO ORDER:
Chairman
Karl Walton called the regular meeting to order at 8:36 p.m. Present were Members Cliff Bordeaux,
Michael Collins and Karl Walton, and Alternates Greg Genlot (seated for Brad
Pellessier) and Georgeanne Kuzman (seated for Michelle Hayward). Also in attendance were Town Planner,
Patrice Carson and Consulting Engineer, Merv Strauss.
There was none.
IV. OLD
BUSINESS:
a.
Discussion/Possible Decision: Proposed Amendments to Subdivision
Regulations Section 213-19D, Filing Requirements for Approved Subdivision
Plans
A
motion was made by Greg Genlot, seconded by Georgeanne Kuzman and unanimously
voted to amend the Subdivision Regulations Section 213-19D, Filing Requirements
for Approved Subdivision Plans as presented, effective the day after publication
in the newpaper.
b.
Discussion/Possible Decision:
Proposed Amendments to Subdivision Regulations Sections 213-30 Open
Space
It
was decided to defer this item as a result of the public
hearing.
c.
Subdivision Application #382:
11-Lots, Isabella Drive Extension, Leno – Set Public Hearing
Date
Sandy
Aeschliman, Attorney John Parks and Rick Leno were present to discuss the
application. They presented revised
plans which included the extension of Isabella Drive to be connected with
Stebbins Road and also showed 11 building lots. Mr. Leno stated that if this was what
the town wished to do, he did not see a problem with it. He also presented a letter addressed to
him from David Spear at DLS Consulting which stated that the plans had been
reviewed by Mr. Spear who had considered two separate options – one for a curved
roadway and one for a “T” intersection.
He recommended the “T” intersection as a more efficient solution. Therefore, the plans presented by Mr.
Aeschliman included the “T” intersection.
Merv
Strauss stated that if Stebbins Road were widened it would come within 6 feet of
one of the houses, and he presented photos showing the designated lot. He also stated that if the road were
widened it would involve the movement of a telephone pole, which CL&P would
be responsible for. Mr. Leno also
mentioned that he would move a large yew tree. Mr. Strauss also suggested considering
the use of speed bumps to slow traffic on Isabella Drive, and Mr. Leno stated
that he felt this was a viable option and that the residents of Isabella Drive
would probably welcome any option towards slowing traffic.
Mr.
Walton also stated that by not adding width on Battle and Stebbins, this might
also keep traffic at a slower pace.
Mrs.
Carson stated that she had not yet received a letter from Attorney Parks
regarding the extension of time to January 13th and Mr. Parks stated
that he would submit one promptly.
It was then decided to have Mr. Leno grant an extension for 2 more weeks,
until the 27th of January in order to start the public hearing. The Commission would still meet on
January 6, 2005.
It
was decided that Merv Strauss and Patrice Carson would consult with a traffic
engineer to make certain that what is proposed makes “good traffic
sense”.
A
motion was made by Cliff Bordeaux, seconded by Georgeanne Kuzman and unanimously
voted to accept the extension to January 27, 2005. It was decided to reschedule the regular
meeting of January 13th to January
6th.
d.
Discuss/Set Regular Meeting Dates for Joint Plan of Conservation &
Development Meetings
Mr.
Walton stated that before these meetings could be set, the Board of Selectmen
need to have their kick-off meeting.
It was decided that Patrice Carson would suggest January 13th as a
possible meeting date.
e.
Other
No
other old business was presented.
V. NEW
BUSINESS:
a.
Subdivision Application #383, 8-Lots, Stafford Road and Rocky Dundee
Road, Greyside Farm Estates Subdivision, GCS Land Development Corp
George
Schober of GCS Land Development Corp presented the plans for the proposed 8-lot
subdivision. The plans propose open
space with an access strip along the Stafford Town line. The lots were designed to be an average
of 3 acres each. There is an old
stone barn and it has been decided to preserve the view to the barn as best as
possible, so the plans show a conservation easement along the frontages and the
lots are large enough for horses if the owners desire to have them. The plans were designed so that 15% of
the property could be offered as open space, with the thought that if the
amendment passed this evening, they would have the property set aside. If necessary, open space could be
increased up to 21%. The town engineer and sanitarian have not yet seen the
plans. The plans will also be
referred to the Open Space/Trails Subcommittee.
Because
this involves a resubdivision, a public hearing will be
necessary.
b.
Other
No
other new business was presented.
VI.
STAFF/COMMISSIONER REPORTS:
Mrs.
Carson reported that she had attended a meeting regarding cell towers. The towers are no longer governed by the
towns. Instead applications are
made to the Siting Counsel who looks for comments from the Towns which are
should be gathered through a public hearing held by the Board of
Selectmen.
She
also reported that she was handling issues regarding the Colton Road subdivision
as well as meeting with Mr. Schober on the Stafford Road subdivision. She has also been doing research on the
discontinuance of Green Road and working on the yearly road report for the
State. The Fire Commission has
asked Mrs. Carson to attend their meeting on December 9 as they contemplate long
range planning for the Fire Department.
VII.
CORRESPONDENCE AND BILLS:
None
were presented.
VIII.
MINUTES APPROVAL
(October 28, 2004 and November 18, 2004)
Approval of the
October 28, 2004 Minutes was deferred until the next meeting.
A motion was
made by Georgeanne Kuzman, seconded by Greg Genlot, and unanimously voted to
approve the Minutes of the November 18, 2004 meeting as
written.
IX.
ADJOURNMENT:
A motion was
made by Greg Genlot, seconded by Cliff Bordeaux and unanimously voted to adjourn
the Planning Commission meeting of December 2, 2004 at 9:50
p.m.
Respectfully
submitted,
Brad
Pellissier
Robin Timmons,
Secretary
Recording Secretary
MINUTES ARE NOT OFFICIAL UNTIL APPROVAL
AT A SUBSEQUENT MEETING.