PLANNING
COMMISSION
P.O. BOX 308
Thursday, March 10,
2005
7:00 p.m. Town
Hall
I.
PUBLIC HEARING
a.
Continuation of Resubdivision Application #383: 8-Lots, Stafford and Rocky Dundee Roads,
GCS Development
The public hearing reconvened at 7:00
p.m. Mrs. Carson read the legal
notice.
George Schoeber stated that he believes
all of the Commission and Staff concerns have been addressed and added that
Michael Tarbell has done a good job in taking into consideration all of the
Town’s concerns and preferences.
Mr. Tarbell, Tarbell Heintz Associates,
stated that he received two letters from Mr. Strauss earlier in the week and had
met with him this morning to address his comments. He sent a written response to Mr.
Strauss since then, but would be willing to discuss any of those items at this
time.
He also received a copy of the letter
sent by the Fire Department and the required turn-out area has been incorporated
into the plans. Other items
included in the letter are beyond the applicant’s scope to
remedy.
He requested any comments on the drainage
and explained that he is proposing an inlet easement at each one of the culverts
on Rocky Dundee Road. He has gone
over outlet placement with Bertha Hubbell because all of the water involved
ultimately ends up on her property.
He discussed with her whether or not some outlet placement was necessary
but no follow-up conversation has taken place. They have tried to reach her on several
occasions in order to discuss the drainage situation further, but have been
unsuccessful in doing so. She has
been notified of this meeting as well as all the other public hearings that have
been held.
They have tried to maintain all the
regulations requiring no increase or decrease in runoff. The option of putting a detention basin
at the Stafford Road end of the parcel was presented by Mr. Tarbell as an
alternative to putting a detention basin in the hillside. This will result in a slight decrease in
runoff. However, they have worked
to make the basin virtually maintenance free, long running, gradual, mowable and
unobtrusive, in addition to eliminating the need for pipe.
A drainage easement has been included
over that area so that the town can have access if necessary. No change to the watershed will
occur.
Mr. Strauss explained that Mrs. Hubbell’s
property goes down into a low area.
The wetlands drain across Stafford Road and into Hurd’s Pond. Mr. Tarbell is trying to address the
issue by taking all of the culverts and treating them as if there were one in
order to look at the impact on the property. The latest arrangement considered is to
go with a retention area. This will
reduce the outflow.
Everett Morrill, Public Works Director,
does not like the detention area suggested. He is concerned about the required
maintenance and potential for increased runoff. There also seems to be a problem with
the culverts in Stafford. Currently
water moves across Stafford Road as a result of this.
A swale along the inside of the existing
stone wall is proposed to remedy the situation. Discussion followed about the stone wall
and the placement of the swale. Mr.
Schoeber stated that to take down the stone wall, move it and then replace it
would cost approximately $32,000.00 or he could just sell it, but he’d rather
leave it as is. He would like to
grant an easement to the Town of Somers to the drainage swale so that the
existing wall could be protected.
Mr. Strauss added that once the swale is built, care becomes a potential
area of conflict for the homeowners.
However, maintenance is important.
Mrs. Carson stated that the Town would not be responsible for cleaning
the swale as it would be on private property.
The applicant has spoken carefully with
Mrs. Hubbell and the Millers to make sure they understand that water will
accumulate more in some areas along the property and less in others, but the
overall result will be less accumulation than at the present time. He would like to make the water
retention areas as small as possible.
It was his suggestion that talking with Public Works would be a good idea
so that their input could be received.
Mrs. Carson asked about the pipe
previously discussed with respect to the long driveway to Lot 9. Mr. Tarbell responded that the 15”
double pipe in the middle of the driveway had been removed and the driveway
lowered.
Mrs. Carson stated that she did
receive copies of the conservation and drainage easements and they have been sent to the Town
Attorney for review. The bond
figure will be $23,000.00.
It was the consensus of the Commission to
initiate a consultation with Everett Morrill and the Public Works Department
about the drainage and to ask the applicant for an extension so that the public
hearing could remain open until Mr. Morrill’s input is received. Discussion followed and it was decided
that Mr. Strauss, Mrs. Carson, Mike Tarbell, the applicant and Mr. Morrill would
meet to discuss the issue and the results would be presented at the continuation
of the public hearing. The
applicant granted an extension until March 24, 2005.
A motion was made by Cliff Bordeaux,
seconded by Michelle Hayward and unanimously voted to accept the applicant’s
extension of time to hold the public hearing to March 24, 2005 and continue the
public hearing to March 24, 2005, at 7:00 p.m. in the town hall.
II.
CALL TO ORDER
Chairman Karl
Walton called the special meeting to order at 7:52 p.m. Members Cliff Bordeaux, Michael Collins,
Michelle Hayward, Karl Walton, Brad Pellissier, and Alternates Greg Genlot and
Georgeanne Kuzman were present and constituted a quorum. Also present: Town Planner Patrice Carson and Town
Engineer Mervyn Strauss.
a.
Discussion/Possible Decision:
Subdivision Application #382:
11-Lots, Isabella Drive Extension, Leno
Mrs. Carson was
asked if all the concerns of staff with respect to the application had been
addressed. She stated that a few
items still needed to be taken care of.
They included: deeds for
frontage along lots 4 through 7, proof of payment for the open space appraisal,
the approval of the bond, house numbers, buildable area in acres shown on plans
and the receipt of a Quit Claim deed for frontage land. In addition, an amendment needs to be
made to the plans with respect to drainage for one of the lots. The Commission would need to approve a
waiver for lot lines which are not all radial.
The chairman
noted that many comments were received from the residents on Isabella Drive and
some of them could not be considered in making the decision on the application
because they did not have anything to do with the regulations the Commission
must comply with and base their decision upon.
Mr. Collins
noted that one of the emergency departments stated that there would be no
noticeable decrease in the response time, whether or not the road was made into
a through road. However, in his
opinion, when it comes down to a person’s life being at stake, any loss at all
in response time should be taken into account.
A motion was
made by Cliff Bordeaux, seconded by Brad Pellissier and unanimously voted to
approve Ric Leno’s 11-lot subdivision, application #382, in accordance with the
plans known as “Summer Shade Subdivision Section II, Prepared for KRL Builders,
Somers, Conn.”, dated: 9-1-04,
Revised: through 2-3-05, 8 sheets,
which is conditional on the following:
1.
A note shall be placed on the plans: “The filing of a $13,500.00 fee in lieu
of open space ($1,227.27 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 deed evidencing the transfer of any of the lots shall be
filed by the applicant with the Planning Office.
3.
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.
4.
All appropriate seals and signatures of the design professionals and Soil
Scientist for this plan shall be on the plans.
5.
The signatures of the Town Engineer and Town Sanitarian shall be on the
plans signifying their approval of the plans in accordance with Section 213-19
of the Subdivision Regulations.
6.
A bond for road, utility and site improvements acceptable to the Planning
Commission and Town Engineer and in a form acceptable to the Town Attorney shall
be filed with the Planning Office as required by Section 213-54 prior to the
commencement of any construction, including construction of any public
improvements.
7.
House numbers shall be assigned by the Assessor and identified in a
square on the plans.
8.
The buildable area for each lot shall be shown in acres in the lot
areas table on the plans.
9.
The Inland Wetlands and Watercourses statement from Section 213-27 of the
Subdivision Regulations shall be on the plans, preferably near the Soil
Scientist’s signature, and shall be affixed to all subsequent plans for these
lots.
10. Two deeds
shall be provided to the town as follows:
(a)
A Warrantee Deed to the Town of Somers for 3,390 square feet of property
frontage along lots 7, 6, 5, and 4 shown on sheet 3 of 8.
(b)
A Quit Claim Deed to the Town of Somers for the strip of land between the
road pavement and the street line established by the subdivision plans sheet 3
of 8 running along the entire frontage of the property on Stebbins Road and
Battle Street.
11. The note
pertaining to the existing house on lot 5 sheet 3 of 8 shall be reviewed by the
Town Attorney and revised as necessary.
12. A note
shall be added to the plans on lots 5 and 6 stating: “A free draining swale along lot lines 5
and 6 shall be provided in order to permit surface water from Stebbins Road to
freely drain onto the lots as currently occurs. No filling in this area shall be
permitted.”
13. In
accordance with Section 213-46. the developer shall install street lighting as
required and approved by the Selectmen.
14. CL&P
pole number 663 in front of lot 5 shall be moved northerly away from the edge of
the road as approved by CL&P.
15. The
Planning Commission approves a waiver for lot lines which are not
radial.
The Planning
Commission finds with these conditions the plan meets the requirements of the
Somers Subdivision Regulations.
b.
Other
No other Old
Business was presented.
IV. NEW
BUSINESS
a.
Zoning Referral: Site Plan
Application for Change of Use to Retail Store, 12 South Road,
Dwyer
Applicant Erica
Dwyer and Pam Harris presented a Statement of Purpose to the Commission
indicating their intention to open a retail store in the vacancy situated
between the Dunkin Donuts and Subway located at 12 South Road. The applicant raises alpacas and would
be selling alpaca yarns and related items, candles, fine confectionaries
(including chocolates) and provide knitting and crocheting classes to the
public.
Mr. Collins
asked if there were any waste products which would require special attention in
removal. The applicant replied that
there were none.
A motion was
made by Brad Pellissier, seconded by Michelle Hayward and unanimously voted to
recommend approval of Dwyer’s Site Plan for a retail business at 12 South Road
to the Zoning Commission as an appropriate business in the Business
Zone.
b.
Other
No other New
Business was presented.
Patrice Carson
stated that the Zoning Commission would be willing to attend a joint meeting on
March 16, 2005 at 7:00 p.m.
She also handed
out information relating to soil-based zoning which she had received from the
Town of Washington, CT, who has been using this type of zoning since 1976. The town revamped their regulations
regarding this in 1998. Copies of
this same information have also been provided to members of the Zoning
Commission and Steve Jacobs for review prior to the
meeting.
Brad Pellissier
has sent a memo to the Economic Development Commission and offered to help in
any way he can. He has not yet
received a response.
Mrs. Carson has
been working on a proposed subdivision on Hall Hill Road, the Age-Restricted
Housing proposal on Shaker Road, a Site Plan application for 112 Main Street for
a new restaurant, the items on the agenda, and an Open Space Grant for the
Whitaker Property.
There was
none.
A memo was
received from the Open Space Committee stating that they would like to become a
member of the Land Trust which costs $50.
A memo was
received from the First Selectman stating that the proposed Planning Budget for
next year was being put forth with the engineering line item at $18,000 and the
10-year Plan line item at $2,000, a reduction of $5,000 from the budget
originally presented.
Mrs. Carson
submitted two transfer request to the Board of Finance for approval: $39.60 to be used for printing and
$38.71 to be used to purchase tapes for recording public
hearings.
A bill was
received from the Journal Inquirer for $125.92 for the February 10 and February
24, 2005 meetings. A motion was
made by Brad Pellissier, seconded by Cliff Bordeaux and unanimously voted to pay
the bills.
A motion was
made by Michelle Hayward, seconded by Cliff Bordeaux and unanimously voted to
approve the minutes of the February 24, 2005 meeting as
written.
A decision on
the March 3, 2005 meeting minutes was deferred.
A motion was
made by Michelle Hayward, seconded by Cliff Bordeaux and unanimously voted to
adjourn the March 10, 2005 Planning Commission meeting at 9:10
p.m.
Respectfully
submitted,
Brad Pellissier,
Secretary
Robin Timmons, Recording Secretary
MINUTES ARE NOT OFFICIAL UNTIL APPROVAL
AT A SUBSEQUENT MEETING.