PLANNING
COMMISSION
P.O.
BOX 308
Thursday,
December 7, 2006
7:00pm Town
Hall
I.
PUBLIC HEARING
a.
Subdivision Application #396, 14 Lots (High Ridge Estates), Hall Hill
Road (353-367), High Ridge Estates, LLC
Chairman
Karl Walton opened the public hearing at 7:00pm and the Town Planner read the
legal notice
Guy
Hesketh, a licensed engineer representing the applicant Mr. Leaska, presented
the project. The property in
question is approximately 20.02 acres owned by High Ridge Estates. It is located on Hall Hill Road and
there is a small parcel of land owned by Ms. Ida Roy that would be incorporated
in with this initial acreage of 2.16 acres to total 22.11+ acres. The applicant is proposing a subdivision
which would be divided into 14 lots.
The lots meet the minimum requirement of 40,000 square feet of buildable
area and are accessible from Hall Hill Road and McCullough Drive. There is also a proposal to split the
parcel with a stub road to the south to allow for access to another future
subdivision on the “Kasperzack” property which is required for Planning purposes
by the Subdivision Regulations.
The
grading plan depicted a natural drainage divide. One way flowing towards Hall Hill Road
and the other to a lower point, to a culvert located off of Georgewood Road and
a southerly divide as well, all which mirror the current water shed drainage
area. Because Somers has
regulations stating there is to be no increase in peak run–off, a couple of
storm drainage systems were created acting as controls for the outlet of the
water and creating storage.
The
larger detention basin will flow through an easement on the Kasperzak’s property
where a private agreement has been reached. There will be no increase in peak
run-off with an actual net reduction in the end.
The
Hazardville Water Company says there is adequate capacity to pick up water on
the main on Georgewood Road and carry it up McCullough Drive to the new street
which the Somers Water Pollution and Control Authority approved on August 1,
2006 subject to a fee of $36, 400.
Hydrants will be provided for fire protection.
·
The
septic systems meet state Health Code requirements as noted by the Town
Sanitarian in a letter dated September 20, 2006
·
There
have been deep test pits done and work has been done with Steve Jacobs to fine
tune any other issues
·
Majority
of the houses are 4 bedroom with some 3 bedroom due to size and soil
characteristics
·
A
request for a fee in lieu of Open Space was also discussed and although this
figure has yet to be determined, it is noted that a fee in lieu of open space
shall be paid to the Town in the amount equal to ten percent (10%) of the
appraised value of the property as determined by Stewart
Appraisal
·
The
Wetlands Commission approved the application for permit on June 2,
2006
·
The
Fire Department has established that the road (Aspen Ridge) width should be 24
feet with postings of no parking signs on one side of the
road
·
In
regards to the fire hydrants, their locations have been modified and are
acceptable to the department
·
Mr.
Strauss stated that he had had a series of meetings and that there was just a
handful of “house keeping items” which would need to be addressed, but that for
the most part that the provision required to provide access to the Kasperzack
property has been met, as well as the drainage basically stating that the peak
flows are suppressed as required by the state and local
regulations
·
Any
street lights added to this new subdivision are to be addressed by the Board of
Selectmen
The
Chairman asked for comments from the audience. There were none in favor. The following audience
spoke:
Bob Bujak, 359 Hall Hill Road, questioned whether the drainage issues were
addressing surface water or ground water.
He also inquired if the proposed lots could utilize wells? Lastly, he has had nitrates in his well
water and wondered if his well water could become more polluted due to the
number of septic systems this subdivision would place in his
vicinity.
Mr.
Hesketh answered that both the surface and ground water issues have been
addressed. Mr. Strauss mentioned
that there cannot be wells utilized due to pollutants which were utilized when
the area was farmed. Mr. Hesketh
added that the septic systems these days are far superior to those which were
built years ago and that they meet a much higher standard. All septic systems will be in compliance
with the Connecticut State Health Codes.
Gordon
Mello, 471 Four Bridges Road (also representing Mr. Anthony White of Four
Bridges Road),
stated
that he has the lowest piece of property on Four Bridges Road and has had a
great deal off issues with water in his basement. He is concerned about receiving more
runoff from the subdivision.
Mr.
Hesketh stated that he should not received any additional drainage and that
extensive time was given to the drainage issue.
Lorraine
Falbo, 389 Hall Hill Road,
had an issue
with standing water in the detention basin attracting mosquitoes, bugs, or
animals. She was also concerned
where all the septic systems were going to drain. She has already had issues with her well
being contaminated from some of the other homes around
her.
Mr.
Hesketh stated that DEP prefers that catch basins be above ground due to plants
and other aquatic communities and their need to grow. The maintenance is also easier if above
ground. The water will only remain
in the basin for a few hours. Even
with a 100-year storm, the catch basin would still be empty within 24
hours. There will be no “standing”
water. Again he mentioned the
higher level of standards for the septic systems of today and didn’t foresee an
issue with pollutants in her well from them.
Al
Seagrave, 42 McCullough Drive,
had a lot of questions which were addressed already and also
asked if erosion controls are in the construction bond. Ms. Carson responded “Yes” adding that
there were a list of items on the bond totaling
$1,015,680.00
Michael
Reardon, 12 McCullough Drive,
was concerned
with his property being surrounded by construction. The Kaspersak easement work as well as
the construction of the subdivision will be going on both in front and behind
his land. He also inquired about
why the water was being taken down along side the Kasperzak’s property and not
being picked up by existing drainage on McCullough Drive.
Mr.
Hesketh expressed that the drainage issue would be addressed first before the
construction, so that both the front and back of his property would not be
disturbed simultaneously. Also, the
culvert on the Kasperzak property is in keeping with the existing drainage
pattern. As for the easement
agreement, that was a private agreement reached between Mr. Kasperzack and the
applicant to which he could not speak.
Eric
Young, 15 Rye Hill Circle,
wanted to know what kind of road the
Commission saw going in as the
“stub” road which would lead to the Kasperzack property and any future
development? Mr. Strauss responded
that present regulations would require a 22-foot road with at least 3 internal
lots on a cul-de-sac. But added,
that the road that would be placed there would be under current subdivision
regulations when the proposal came forward.
Bob
Bujak, 359 Hall Hill Road,
asked
if there could be a study done to see where the affluent goes and how it is
spread out to decrease the possibility of future pollutants in his well. Ms. Carson responded that Mr. Jacobs
could request a hydrology study and has the right to do so, but sees no future
contamination issue and has not requested that a study be done at this
time. Also, Mr. Hesketh added that
Public Health Code requirements have strict setbacks for a septic system from a
well, etc., and the septic systems meet these Health Code
requirements.
Jeff
and Sharron Cournoyer, 35 Loubier Drive,
sent a letter to be read into the record which mentioned an excessive water
issue behind their property as well as the wildlife such as deer that would be
disturbed if the subdivision was to go forward.
Commissioner
Bordeaux inquired if each home would have a yard drain. Mr. Hesketh stated no, it would depend
on the drainage of each lot. He
thought it would be in the homebuyer’s best interest to be made aware of these
yard drainages and that it is their responsibility to maintain them. The Commission came to a general
consensus that a note to that effect should be on the
plans.
Chairman
Walton finished the Public Hearing explaining that the Planning Commission
cannot bend subdivision regulations for any reason or for any subdivision. If the applicant meets the regulations
then the Commission needs to approve the plans; if they do not meet the
regulations, then the Commission must deny the application. He went on further to say that the
Commission has no hidden agenda and look at only the
facts.
A
motion wasmade by Mr. Genlot, seconded by Ms. Kuzman, and unanimously voted to
close the Public Hearing at 8:28pm.
Chairman
Karl Walton called the regular meeting to order at 8:31pm. Members Karl Walton, Cliff Bordeaux and
Alternate Members Greg Genlot (seated for Brad Pellissier), Joe Iadarola (seated
for Mike Collins), and Georgeanne Kuzman (seated for Michelle Hayward) were
present and constituted a quorum.
Engineering Consultant Mervyn Strauss and Town Planner Patrice Carson
were also present.
III. OLD
BUSINESS:
a.
Subdivision Application #396, 14 Lots (High Ridge Estates), Hall Hill
Road, High Ridge Estates, LLC
The Commission agreed
that all lots should have a note regarding the maintenance of yard drains is the
homeowner’s responsibility.
A
motion was made by Mr. Bordeaux, seconded by Mr. Iadarola, and unanimously voted
to approve High Ridge Estates, LLC’s 14-lot subdivision, application #396, in
accordance with the plans known as “Subdivision Plan Prepared for High Ridge
Estates, LLC, Hall Hill Road, Somers, Connecticut”, dated: 04-26-06, revised: through 12-05-06, 21 sheets, which is
conditional on the following:
1.
A fee in lieu of open space shall be paid to the Town in the amount equal
to ten percent (10%) of the appraised value of the property as determined by
Stewart Appraisal. The fee will be
split equally among the 14 lots and 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.
The fee for the appraisal for open space shall be paid in full and proof
of payment shall be submitted to the planning office.
3.
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.
4.
All appropriate seals and signatures of the design professionals for this
plan shall be on the plans.
5.
Add the symbols for “iron pins to be set” on the north and south ends of
the lot line between lots 10 and 11.
6.
In accordance with Section 213-46. The developer shall install street
lighting as required and approved by the Selectmen.
7.
“No Parking This Side of Street” signs shall be posted on one side of the
street for the entire length of the street as recommended by the Fire
Department.
8.
The pipe diameter from Stations 14+79 to 15+91 shall be shown as 24”
(inch).
9.
The dimensions for the 20 by 30 drainage easement on Lot 6 have been
added to the plans, however, a dimension(s) is missing that positions the
easement in an east/west direction along the lot frontage. This shall be added to the
plan.
10. A
bond for site improvements in the amount of $1,015,680.00 and in a form acceptable
to the Town Attorney be filed with the Planning Office as required by Section
213-54.
11. The
applicant shall execute the Water Connection Agreement with the Water Pollution
Control Authority and pay the $36,400.00 connection
charge.
12. A
note shall be added to all the lots which have yard drains which states,
“Maintenance of the yard drain is the responsibility of the home
owner.”
The
Planning Commission finds with these conditions the plan meets the requirements
of the Somers Subdivision Regulations.
b.
Subdivision
Application #397, 23 lots (Gillette’s Crossing), 180 Battle Street & Eleanor
Lane, KRL Builders (01/11) – Set Public Hearing Date
Mr.
Aeschliman of Aeschliman Land Surveying, represented Ric Leno and KRL Builders
and presented the latest information on this application to the Commission. Since the last Planning meeting, the
Selectman have met and discontinued a portion of Eleanor Lane. This now means that all lots conform to
the town regulations regarding frontage.
The Open Space fee will be divided among the 23 lots not 24 as originally
noted. The street lighting issue
will be handled by the Board of Selectman.
At the end of Mason Lane there is a deep cut and some landscaping design
plans were suggested. Mr. Strauss
wanted some changes to that design plan allowing for a more aesthetic
approach. He also wants comments
from Public Works about Mason Lane meeting Bailey Lane and changing from 24 feet
to 22 feet in width. Staff reviewed
lot #11 and the applicant will change the lot in question so that there will be
no corner lots in that section to meet with frontage regulations. Mr. Aeschliman will make the appropriate
changes to the schematics before the pubic hearing. Mr. Aeschliman also mentioned that he is
still waiting to hear from Mr. Morrill in regards to driveway
surfaces.
A
motion was made by Mr. Genlot, seconded by Ms. Kuzman, and unanimously voted to
set a Public Hearing in the Town Hall on Thursday, January 11, 2007 for KRL
Builders’ Subdivision Application #397 for 23 lots (Gillette’s Crossing) at 180
Battle Street & 7 Eleanor Lane, beginning at 7:00pm.
c.
Request for Bond Reduction/Release Work on Greystone Farm Estates
Subdivision, Stafford & Rocky Dundee Roads,
Schober
The subdivision was
approved in March 2005 and at that time GCS Land Development Corporation’s
performance bond of $27, 568.00 was held for the public improvement work
required for the 8-lot subdivision.
Since that time, Mr. Strauss and Mr. Morrill of Public Works have been to
the site and Ms. Carson has received a letter from Tarbell Heintz stating that
all the pins and monuments have been set in accordance with the plans. All other outstanding issues have been
addressed as well.
A
motion was made by Ms. Kuzman, seconded by Mr. Iadarola, and unanimously voted
to approve the release of GCS Land Development Corporation’s performance bond of
$27, 568.00 for site improvement work required and completed in conjunction with
the 8-lot subdivision on Stafford and Rocky Dundee Roads in the Greystone Farm
Estates Subdivision, in accordance with recommendations from the Town Engineer
and Public Works Department.
d.
OTHER
– There was none.
IV. NEW
BUSINESS
a.
Subdivision Application #398, 10 Lots (Stone Crossing), 185 Stafford
Road, Mink Farm Associates, LLC (02/08) – Set public Hearing
Date.
Rick Granger was present
to discuss the 10-lot subdivision.
A fee in lieu of Open Space has been offered by the applicant,
recommended by the Planning & Open Space Trails Committed, and agreed to by
the Commission. Stewart Appraisals
will perform the appraisal. This is
a conventional straight forward subdivision. GEO Quest has done some soil sampling
and there were to be some areas that needed remediation in Phase I of the
project, and that has been completed.
There are no wetlands on the property. Although there have been some staff
reviews, the Commission thought it would be best to schedule the public hearing
at the January 25, 2006 meeting.
A
motion was made by Mr. Iadarola, seconded by Ms. Kuzman, and unanimously voted
to set a public hearing in the Town Hall on Thursday, January 25, 2007 for Mink
Farm Associates, LLC’s Subdivision Application #398 for 10 lots (Stone Crossing)
at 185 Stafford Road, beginning at 7:00pm.
b.
OTHER
– There was none.
V.
DISCUSSION: PLAN OF CONSERVATION &
DEVELOPMENT
Ms. Carson stated that
she will be placing a great deal of time into the Somersville moratorium. She will also be working with the Fire
Department to obtain specifics on the size of a cistern. She has received various sizes ranging
from 3,000 to 30,000. She is also
seeking a consensus from the Fire Department in regards to driveway length,
width, and turnouts. If she is
unsuccessful in reaching this consensus before the next Planning meeting, she
will invite the Fire Department to attend so that a conclusion may be reached on
these issues.
VI. STAFF
/COMMISSIONER REPORTS
– There were none.
VII. AUDIENCE
PARTICIPATION
– There were none.
VIII. CORRESPONDENCE AND
BILLS
– There were none.
IX. MINUTES
APPROVAL: November 16, 2006 –
to be
addressed at next meeting.
A
motion was made by Mr. Bordeaux, seconded by Ms. Kuzman, and unanimously voted
to adjourn the December 7, 2006 Planning Commission meeting at
9:21pm.
Respectfully
submitted,
Jennifer
Boudreau
Bradley Pellissier
Recording
Secretary
Secretary
MINUTES
ARE NOT OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT
MEETING