PLANNING
COMMISSION
P.O. BOX 308
Thursday, February 24,
2005
7:00 p.m. Town
Hall
I.
PUBLIC HEARINGS
a.
Continuation of Subdivision Application #382: 11-Lots, Isabella Drive Extension,
Leno
The public
hearing reconvened at 7:06 p.m. presided by Chairman Karl Walton. Town Planner Patrice Carson read the
legal notice for both hearings.
Mr. Leno
presented plans for KRL Builders showing the proposed extension of Isabella
Drive through to Stebbins Road, and stated that there had been no changes since
the prior meeting.
Mrs. Carson
added that she had received the draft deeds and forwarded them to the Town
Attorney for review. The open space
appraisal came in at $1,227.27 per lot.
Both the wetlands agent and the soil scientist have reviewed the plans
and have given approval. Town
Engineer Merv Strauss stated that the street line note on the plan will have to
be reviewed by the Town Attorney and the rest of the items are small and
housekeeping in nature.
Since the last
meeting Mrs. Carson has received a letter from Steve Jacobs stating that he has
reviewed the plans and they meet the public health code. She has also received a letter from Dave
Askew explaining that the Conservation Commission met and reviewed the
plans. The modifications made by
KRL Builders do not involve the wetlands and their only concern was an issue
with storm water, which Mr. Leno would be addressing. Mr. Askew stated that the 14-day appeal
period had to be met and a decision could be discussed at the Conservation
Commission meeting on March 2, 2005.
Mrs. Carson had
also spoken with the Town Attorney who had explained that the public hearing did
not need to remain open in order for the Conservation Commission report to be
received.
An anonymous
letter dated February 22, 2005 was received. It contained a newspaper article
clipping and stated that since Parsons Road was made a through road after
originally being a cul-de-sac, there should be nothing keeping Isabella Drive
from becoming a through road as well.
Another letter
regarding the application was received from the Director of Public Works,
Everett Morrill, stating that he and Kenneth Anderson had made many complaints
about the number of cul-de-sacs in town.
He considers them to be a “headache” and it takes about 15 to 16 manhours
to clear them all per storm. It is
also the area they get the most complaints after a
snowstorm.
The town also
enlisted the help of the Capitol Region Council of Governments, who did a
traffic count on February 21 and 22 and then reported back to staff. Mrs. Carson presented the findings of
the study for review by both Commission members and the audience. The report stated that based on the
results (traffic counts) it is estimated that the potential number of vehicles
using Isabella Drive as a cut through would be approximately 15 to 25 per
day.
Gina Maloney,
9 Isabella Drive, stated
that it was originally thought that making Isabella a through street would
decrease congestion at the Isabella Drive/Stebbins Road intersection. But the capacity analysis from the
traffic report doesn’t support this theory. Also the land south of Stebbins Road
will eventually be sold and there may be another chance to address the issue at
that time.
She added that
Mr. Mitchell’s report had stated that if Isabella Drive were to remain a
cul-de-sac there would be about 60 extra trips per day. She would prefer to take her chances
that those who would make those trips would be familiar with the neighborhood
and would be very aware of the environment. She asked that the Commission reject the
current application.
Denise
McIntyre, 21 Isabella Drive, commented about fire safety and
ambulance service. She had had
occasion since the last meeting to use the 911 service. She spoke with the EMT’s who came to the
scene and asked if they had difficulty finding her home. They replied that they had not, but
could not at first find Isabella Drive on their maps.
Steven Lewis,
8 Isabella Drive, asked
what the time period was for appealing an unfavorable decision with the
court.
Terri Lewis,
8 Isabella Drive, showed
photos not yet downloaded from her camera which had been taken the day of the
911 call from the McIntyre family.
The photo showed 8 emergency vehicles parking along the cul-de-sac, each
having adequate room. Mrs. Carson
asked that she print out the photos and submit them for further
consideration.
Mrs. Lewis added
that she had recently received her assessment bill and spoken with the Assessor,
who told her that if Isabella was made into a through road rather than a
cul-de-sac, her assessment would be reduced and she should be in contact with
the Assessor’s Office in order to get the new figure. She asked the Commission to consider the
reduction in the amount of taxes that the town would receive from the lowered
assessments.
She also noted
that she has friends who live on other cul-de-sacs which had been made into
through roads. However, their roads
were much more curvy and therefore traffic was not as apt to be moving at a high
rate of speed. She felt Isabella
would be a straight road and traffic would not be likely to slow as it passed
through. Merv Strauss referred to
Page 4 of the applicant’s plans, showing three curves which would be part of
Isabella Drive.
Steven Lewis,
8 Isabella Drive, asked
if the traffic study results would vary from season to season because his main
concern was the increase in traffic during summer months. It was explained that the traffic study
had taken this into account and was seasonally adjusted. Mrs. Carson noted that in Mr. Leno’s
traffic engineer’s report that traffic counting had been done in the months of
April and June as well and Mr. Strauss noted that all the figures appeared
similar.
Joe Iadarola
asked if when the original plan was presented before the Commission, did the
developer know that it would be a through road eventually. Mr. Walton referred to a map submitted
by the developer during the original subdivision application dated February 22,
2001which showed Isabella Drive eventually as a through road to
Stebbins.
The applicant,
Rick Leno, disagreed with Mr. Walton’s response and stated that when the
original subdivision was in the planning stages, it was asked that his engineer
produce a scenario of what might happen if someone were to purchase the
additional land area. The map Mr.
Walton was referring to was the resulting quick rendering of Sandy Aeschliman in
response to that inquiry. It was
not meant to be used as a definite plan, rather a potential example of what
could possibly happen. He added
that in 2001 he had approached the landowner of that parcel in order to possibly
purchase the land. However, the
landowner responded that the land was not for sale and would not be in the
future because it would be for her children.
The landowner
subsequently contacted him stating that the land would be sold because the
children had agreed that they did not want the land. Once Mr. Leno had the ability to
purchase the parcel, a continuation of Isabella Drive was something he could
consider doing.
Mrs. Carson
disagreed stating that the regulations require a developer to file a plan for
abutting parcels showing how they could be developed. Such plan has to be feasible taking into
account correct size of lots and frontage.
Mike Collins
stated that in Cooksville about 5 or 6 years ago the Commission was looking to
extend cul-de-sacs and there was a reaction to that by neighbors as well. He told the audience that there was no
special intent to focus in on this particular area.
Steven Lewis,
8 Isabella Drive, asked
Commission members to understand the frustration in spending so much on a home
only to have the value decrease when the road was
extended.
Denise
McIntyre, 21 Isabella Drive, stated that her husband had spoken with
the Town Clerk prior to their purchasing their home. The Town Clerk had told her husband that
Isabella Drive could never be extended as a through road because of the Zoning
Regulations.
Sharon
Miller, 18 Rocky Dundee Road, added that she agrees with the
consensus of the Isabella Drive residents and feels that Isabella Drive should
remain as a cul-de-sac.
Brad Pellissier
asked that if the assessed value of the property decreased with the connection
of Isabella Drive, isn’t this similar to a taking by the Town? Mrs. Carson and the Commission members
agreed that it was not the same situation.
Mrs. Carson
stated that she had spoken to Doug Kidd, the current Assessor, regarding the
impact on property values when a cul-de-sac is made a through road and received
a different answer than Mrs. Lewis.
She said that Mr. Kidd had responded that values may or may not be
impacted with the connection of a road, or might increase rather than
decrease.
Joe Iadarola
asked if the town recognized a difference in value between homes on a cul-de-sac
and those on a through street, especially since they just did the
revaluation. He suggested that the
Commission get the assessor’s comments on this in writing for the record prior
to making a final decision, especially since there seems to be a difference of
opinion as to the Assessor’s position on the subject. Mrs. Carson agreed to speak with the
Assessor to get the information in writing.
Steven Lewis,
8 Isabella Drive, asked
if he could present information from an independent assessor as to what might
happen to the property values. He
was told that the Commission would be willing to consider such information as
part of the decision-making process.
The applicant,
Rick Leno, granted an extension in writing through March 3, 2005. A motion was made by Brad Pellissier,
seconded by Cliff Bordeaux and unanimously voted to accept the applicant’s
extension of time and continue the public hearing on this application to a
special meeting on March 3, 2005 at 7:00 p.m. in the town
hall.
b.
Continuation of Resubdivision Application #383: 8-Lots, Stafford and Rocky Dundee Roads,
GCS Development
George Schoeber
of GCS Land Development Corp. and Mike Tarbell of Tarbell Heintz and Associates
presented the plans for the resubdivision, explaining that several changes had
been made from the plan originally submitted. The biggest change had been to lot 9,
which was now a lot, and a new open space area across the street as requested by
the Commission. An additional strip
of land along the rear of the parcel would also be included as part of the open
space.
Testing has been
done by the sanitarian and has received approval. There had been some discussion as to
whether or not there were wetlands; David Askew had checked with them and there
are none. Using the woods path for
the driveway to lot #9 was also discussed with Mr. Askew and it was determined
that it should be acceptable.
It was discussed
that the applicant should discuss the extended drive with the fire
department.
Sharon
Miller, 18 Rocky Dundee Road, stated that it was her intent to
purchase Lot 9.
George Schoeber
of GCS Development granted and extension to the Commission to continue the
public hearing to March 10. A
motion was made by Brad Pellissier, seconded by Michelle Hayward and unanimously
voted to accept the applicant’s extension and continue the public hearing to
March 10, 2005 at 7:00 p.m. in the town hall.
Chairman Karl Walton called
the regular meeting to order at 8:53 p.m. Members Cliff Bordeaux, Michael Collins,
Michelle Hayward, Brad Pellissier and Karl Walton, and Alternates Georgeanne
Kuzman and Joe Iadarola were present and constituted a quorum. Also in attendance were Town Planner,
Patrice Carson and Consulting Engineer, Merv Strauss.
It was the consensus of the
Commission to take the agenda out of order and begin with New
Business.
IV. NEW
BUSINESS
a.
Zoning Referral: Site Plan
Application for Change of Use to Retail Store, Tommy’s Supplies, 11 South Road,
Unit 9, Ringwalt
Applicant
Thomas Ringwalt presented plans for his retail business, Tommy’s Supplies, to be
opened at 11 South Road, Unit 9, in the area known as Lord Somers Center. The business conducted would be the sale
of tattooing supplies, including things such as inks, artificial skins,
disinfectants, designs, office supplies, artifacts, blankets, and a wide variety
of items. Mr. Ringwalt explained
that all of the chemicals to be sold and stored, including inks, are water based
and environmentally safe. Onsite he
would be mixing colors into small bottles which would be sent out, sterilized,
then return to him for sale. He has
been approved by the FDA, APA, and ISO and is devoted to making sure the art of
tattooing is done safely and in accordance with health regulations. He confirmed that no actual tattooing or
piercing would be done on the premises and added that it is his intention to
educate people about proper sanitation in order to improve the reputation of
tattooing with the general public.
Mr. Ringwalt is part of a world-wide alliance working towards this
goal.
Mr.
Iadarola asked if the applicant would be selling products on a wholesale
basis. He replied that he would be
working on a retail level only.
A motion was
made by Brad Pellissier, seconded by Michelle Hayward and unanimously voted to
recommend to the Zoning Commission approval of Mr. Ringwalt’s site plan
application for a retail store at 11 South Road, Unit 9, being a retail business
in a Business Zone.
b.
Other
There was no
other New Business.
a.
Discussion/Possible Decision:
Subdivision Application #382:
11-Lots, Isabella Drive Exension, Leno
Discussion
and decision on this item were deferred until the Public Hearing is
closed.
b.
Discussion/Possible Decision:
Resubdivision Application #383:
8-Lots, Stafford and Rocky Dundee Roads, CGS Development.
Discussion
and decision on this item were deferred until the Public Hearing is
closed.
c.
Discussion: Plan of
Conservation and Development
Mrs.
Carson stated that she had gone through the POCD and separated out the items
dealing with the Planning Commission, grouping them into various categories,
such as open space, soil-based zoning, storm water management and different
landscaping requirements.
She
added that she had done the same with the Zoning Commission and that they had
proposed a joint meeting with the Planning Commission to discuss soil-based
zoning and the village district in Somersville and suggested either March 9 or
March 16 as potential meeting dates.
It was the decided that March 16th at 7:00 p.m. was the better
of the two dates. Mrs. Carson would
relay this information to the Zoning Commission.
d.
Other
There
was no other Old Business.
V.
STAFF/COMMISSIONER
REPORTS
The
staff had been working mainly on agenda items.
VI.
AUDIENCE
PARTICIPATION
There
was none.
VII.
CORRESPONDENCE AND
BILLS
Bills
presented were as follows:
Hesketh
Traffic Engineering (through
January 29, 2005)
$1,202.45
Planimetrics
$1,454.16
A
motion was made by Brad Pellissier, seconded by Michelle Hayward and unanimously
voted to pay the bills as presented.
Mrs.
Carson requested to attend a class on Real Estate Appraisal to be held on
Tuesdays from March 1 through May 3, 2005.
The cost of the class is $250.00, plus $75.00 for the book. A motion was made by Brad Pellissier,
seconded by Cliff Bordeaux and unanimously voted to send Patrice Carson to the
class and if reimburse her for the cost of the class and book upon successfully
completing the class with a “B” grade.
VIII.
MINUTES APPROVAL
A motion was
made by Cliff Bordeaux, seconded by Michelle Hayward and unanimously voted to
approve the minutes of the February 10, 2005 meeting, as
written.
IX.
ADJOURNMENT
A motion was
made by Cliff Bordeaux, seconded by Michelle Hayward and unanimously voted to
adjourn the Planning Commission meeting of February 24, 2005 at 9:50
p.m.
Respectfully
submitted,
Brad Pellissier,
Secretary
Robin Timmons, Recording Secretary
MINUTES ARE NOT OFFICIAL UNTIL APPROVAL
AT A SUBSEQUENT MEETING.