PLANNING
COMMISSION
P.O.
BOX 308
THURSDAY,
MARCH 8, 2007
TOWN
HALL – 7:00 P.M.
a.
Continuation: Subdivision
Application #398, 10 Lots (Stone Crossing) 185 Stafford Road, Mink Farm
Associates, LLC
Chairman
Karl Walton called the public hearing to order at 7:02 p.m. and the legal notice
was read.
Land
Surveyor Marty Post expressed confusion over comments received from the Town
Planner regarding the plans. After
brief discussion, it was decided that Mr. Post will meet with Mrs. Carson next
week to discuss the comments further.
Engineer
Nat Sreenath expressed concern regarding the renumbering of the lots because the
test pit information will not match the lot numbers. Mrs. Carson suggested a consultation
with Town Sanitarian Steve Jacobs as to whether or not adjustments need to be
made.
Mr.
Sreenath also inquired about the state approval requirements for water
quality. He explained that for the
last 2 years he has been trying to get information from the state as to how to
apply the technology in order to conform to the new requirements, but he has not
gotten the answers he needs. He
expected that by providing a detention basin and fore-bay the state criteria
would be met, but this has not satisfied them. The state is requiring that a
pre-manufactured unit be installed which will provide the ability to meet their
current requirements.
Mr.
Strauss commented that this is an unfunded state mandate, and showed the
Commission the state-provided manual on the topic. He explained that it is not clear
whether or not having a fore-bay check dam installed will be sufficient for
meeting state requirements.
Mr.
Strauss added that the applicant is required to provide the technology that will
meet the 8% figure that the law requires and if specialized help is required,
the applicant is responsible for getting it. He added that perhaps the Town will have
to help as well. Mr. Strauss
suggested a meeting between staff and the applicant for the purpose of
determining the best option for both the town and the
applicant.
Mr.
Bordeaux noted that the town is going to have to deal with the maintenance of
the system once it is installed.
This will be costly to the town and diligence will be required to keep
the system in good working order.
No
comments were received from the public on the application.
The
applicant granted an extension to Commission until the March 22, 2007 meeting so
that the public hearing may be continued.
A
motion was made by Cliff Bordeaux, seconded by Brad Pellissier and unanimously
voted to accept the applicant’s extension and schedule a public hearing for
Thursday, March 22, 2007 beginning at 7:00 p.m. in the Town
Hall.
Chairman
Karl Walton called the regular meeting to order at 7:40 p.m. Members Cliff Bordeaux, Brad Pellissier,
Karl Walton and Alternate Joe Iadarola (seated for Greg Genlot) were present and
constituted a quorum. Town Engineer
Mervyn Strauss and Town Planner Patrice Carson were also
present.
III. OLD
BUSINESS
a.
Discussion/Possible Decision:
Subdivision Application #398, 10 Lots (Stone Crossing) 185 Stafford Road,
Mink Farm Associates, LLC
This
item was deferred until the public hearing is closed.
b.
Discussion/Possible Decision:
Subdivision Application #399, 2 Lots (Kasacek Subdivision) 87 Billings
Road, Buck Builders LLC
Mrs.
Carson noted that the map correctly shows the abutting
owners.
Mr.
Strauss noted there is a utility pole situated directly in the line of sight for
one of the driveways and unfortunately there is no way to move the pole. There is a diamond shaped road sign
located right next to the pole and it was decided that if possible, the road
sign will be moved.
David
Askew has submitted a letter stating that all of his erosion control concerns
have been addressed.
Mrs.
Carson also presented a letter from Steve Jacobs requiring a water assessment
fee of $2,600.00 for public water.
Blaine
Buck presented copies of the receipts for the notices sent to each of the
abutting owners.
Steven
& Donna Roberts, 28 Heather Lane, and Tammy Mothes, 40 Heather
Lane,
expressed concerns over the setting of the pins for the boundary markers. She wanted to be sure that the stone
wall along the boundary line is not damaged. She was also concerned about privacy and
came to look at the plans for clearing.
David
Gall, 76 Billings Road,
also was interested in looking at the plans.
A
motion was made by Joe Iadarola, seconded by Cliff Bordeaux, and unanimously
voted to approve Buck Builders LLC’s 2-lot subdivision, application #399, in
accordance with the plans known as “Subdivision Plan Kasacek Subdivision
Prepared for Buck Builders, LLC, Somers, Connecticut”, dated: 1-3-07, revised: through 3-6-07, 3 sheets, which is
conditional on the following:
1.
A note shall be placed on the plans:
“The filing of a $13,200.00 fee in lieu of open space ($6,600.00 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.
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.
3.
All appropriate seals and signatures of the design professionals for this
plan shall be on the plans.
4.
Payment of a Water Assessment Fee of $2,600.00 to the Town of Somers WPCA
for public water service prior to final sign-offs of the
plans.
5.
Within 90 days of this approval all iron pins and monuments be set and
certified in accordance with the plans or a $10,000 bond received by the Town in
accordance with Section 213-54.c. of the Subdivision
Regulations.
6.
A Quit Claim Deed shall be provided to the Town of Somers for the strip
of land between the road pavement and the street line established by the
subdivision plans running along the entire frontage of lots #1 & #2 of the
property on Billings Road.
The
Commission waives the requirement in Section 213-22.C. of the Subdivision
Regulations which requires, where practicable, lot lines to be either at right
angles or radial to street lines.
The
Commission waives the requirement in Section 213-48 of the Subdivision
Regulations which requires the applicant to install sidewalks along any portion
of the frontage of subdivisions on existing or proposed town streets within one
(1) mile of any town school property unless there is no other continuous
sidewalk from any town school property to the property proposed for development;
and where the Commission finds that requiring sidewalks as part of the proposed
development will serve no useful purpose.
The
Planning Commission finds with these conditions the plan meets the requirements
of the Somers Subdivision Regulations.
c.
Special Use Permit Application for Age Restricted Housing, Eleanor Road,
Eleanor Road, LLC – Set Public Hearing Date
Patrice
Carson explained that Steve Jacobs sent this application to the state Health
Department for approval. He called
the state on another issue on Monday and happened to ask about the
application. They were unable to
locate the plans. He called again
yesterday and they have found the plans but made no comment as to when staff
would have a response from them.
For
this reason, it is unsure as to whether or not a response will be received in
time to hold the public hearing at the March 22, 2007 meeting. Mrs. Carson suggested either opening the
hearing and continuing it if necessary or asking the applicant for an extension
and postpone the public hearing until the first regular meeting in April. It was the consensus to wait until the
April meeting to begin the hearing and the applicant granted an extension until
April 12, 2007.
A
motion was made by Cliff Bordeaux, seconded by Brad Pellissier and unanimously
voted to accept the applicant’s extension and schedule a public hearing for
Thursday, April 12, 2007 beginning at 7:00 p.m. in the Town
Hall.
d.
Appoint representative to CRCOG Regional Planning
Commission
It
was the consensus of the Commission to appoint Brad Pelllissier as the
representative and Joe Iadarola as the alternate to the CRCOG Regional Planning
Commission.
e.
Other
– No other
Old Business was presented.
IV. NEW
BUSINESS
a.
Reconfiguration of Lots, 603 Hall Hill Road (Map 10 Block 22 Lot 04)
& 85 White Oak Road (Map 41 Block 01 Lot 49), McCullough &
Pease
Rick
McCullough explained that he is seeking to add to a lot that is a portion of the
Bridle Path Subdivision. He plans
to add a 2,116 square-foot section of land owned by Mr. Pease to his lot at 85
White Oak Road. The change will
provide an additional 103.59 feet to the lot frontage.
A
motion was made by Brad Pellissier, seconded by Joe Iadarola and unanimously
voted to approve the reconfiguration of property of Richard A. McCullough, Inc.
and R. Lincoln & Linda J. Pease at 603 Hall Hill Road & 85 White Oak
Road, as shown on map entitled, “Reconfiguration Plan, Lot #4 Bridle Path Ridge,
603 Hall Hill Road, Somers, CT
06071, Prepared For: Richard
A. McCullough Inc.”, dated:
December 28, 2006, 2 sheets.
This reconfiguration does not constitute a subdivision because no new lot
is created.
A
motion was made by Cliff Bordeaux, seconded by Brad Pellissier and unanimously
voted to add the following items to the agenda under NEW BUSINESS: f. Other: Resubdivision Application #400, 1 lot,
603 Hall Hill Road and White Oak Road, Richard A. McCullough, Inc. and
g. Bond
Reduction, Phase 1, Wilson Subdivision, Stafford Road
(Roulier)
f.
Resubdivision Application #400, 1 lot, 603 Hall Hill Road and White Oak
Road, Richard A. McCullough, Inc.
Mr.
McCullough presented plans for his application situated at the end of the White
Oak Road cul-de-sac. Staff has not
yet reviewed the plans. Mr. Walton
noted that the application has been reviewed and approved by the Conservation
Commission, and that the wetlands will be permanently
marked.
Mrs.
Carson noted that more information regarding open space will be available at the
next meeting.
A
motion was made by Brad Pellissier, seconded by Cliff Bordeaux and unanimously
voted to accept the applicant’s application and schedule a public hearing for
Thursday, April 12, 2007 beginning at 7:00 p.m. in the Town
Hall.
b.
Zoning Referral: Application
for Renewal of Special Use Permit for Flea Markets & Auctions, 430 South
Road, Pleasant View Farms Realty
Mrs.
Carson reported that this is an annual renewal and no complaints have been
received this year.
A
motion was made by Cliff Bordeaux, seconded by Brad Pellissier, and unanimously
voted to recommend to the Zoning Commission approval of the renewal of the
application.
c.
Zoning Referral: Special Use
Permit Application for Horses for Commercial Purposes, Section 214-89.A, 30
Hurlburt Road,
Belskie
The
Commission reviewed the plans for Linde Farms which has purchased the east side
of Hurlburt Road and has begun to clear trees for pasture land. The applicant is planning to install a
driveway and a barn with a caretaker’s unit. There will be someone living on the
premises. The property will be for
the commercial keeping of horses.
Mr.
Walton noted that the application ensures that the parcel remains open space and
will be used for agricultural purposes.
It also fits nicely with the land use suggestions as outlined in the Plan
of Conservation and Development.
A
motion was made by Brad Pellissier, seconded by Cliff Bordeaux and unanimously
voted to recommend to the Zoning Commission approval of the application noting
that it is in keeping with the POCD and it’s open space
objectives.
d.
Extension of Time to File Approved Subdivision Mylars with Town Clerk,
Application #394, 3-Lots, Wells & Mountain View Roads, Town of
Somers
After
brief discussion, a motion was made by Cliff Bordeaux, seconded by Brad
Pellissier and unanimously voted to approve the applicant’s request to extend
the time to file a mylar with the Somers Town Clerk for the Town of Somers’
3-lot subdivision application #394 on Wells and Mountain View Roads. This extension is granted for an
additional ninety (90) days to May 17, 2007.
e.
Extension of Time to File Approved Subdivision Mylars with Town Clerk,
Application #396, 14-Lots, Hall Hill Road, High Ridge Estates,
LLC
Mrs.
Carson noted that there is 18 inches of frost on the ground at this time. The clock on subdivision approval will
be started once the mylars are filed and it has been too cold to work
outside.
A
motion was made by Cliff Bordeaux, seconded by Brad Pellissier and unanimously
voted to approve the applicant’s request to extend the time to file a mylar with
the Somers Town Clerk for High Ridge Estates, LLC’s 14-lot subdivision
application #396 on Hall Hill Road.
This extension is granted for an additional ninety (90) days to June 21,
2007.
g.
Bond
Reduction, Phase 1, Wilson Subdivision, Stafford Road
(Roulier)
Mrs. Carson explained that
original Wilson Subdivision included work to be done on Stafford Road. Most of the work has now been completed
and Merv Strauss has reviewed the applicant’s request, finding it
satisfactory. The regulations allow
for a 70% reduction in the original bond amount of $132,806.00. The town will retain
30%.
A
motion was made by Cliff Bordeaux, seconded by Joe Iadarola, and unanimously
voted to approve the reduction of Mink Farm Associates, LLC’s performance bond
of $132,806.00 by $92,964.00 as
permitted by the subdivision regulations to the amount of $39,842.00, for the Subdivision known
as “Everett Wilson Subdivision” on Stafford & Hampden Roads. The Town Engineer has reviewed the
construction and agrees with the reduction requested. The reduction of the bond is subject to
the presentation of a performance bond to the Planning Office for the reduced
amount in the form of Surety, Irrevocable Letter of Credit, or Passbook
acceptable to the Town Attorney.
f.
Other
– No other New Business was presented.
Mr.
Walton reported that there was a Somersville Planning Committee public hearing
Wednesday night and it was well attended.
Much feedback was received.
Mrs.
Carson reported that she has been working on several different
subdivisions. She also provided
copies of the adopted budget for the Commissioners.
VII.
AUDIENCE PARTICIPATION
– There was
none.
VIII.
CORRESPONDENCE AND BILLS
Mrs.
Carson presented notices of meetings to be held on the Connecticut Safe Routes
to School Program Awareness in Windsor, Bethel, Branford and
Glastonbury.
A
letter was also received from the DOT regarding the realignment of Route 83 and
Parker Road. The letter reports
that the DOT has renewed their wetlands permit.
A
bill was received from the Journal Inquirer in the amount of $204.62 for the
February 8, 2007 public hearing and meeting. A motion was made by Brad Pellissier,
seconded by Joe Iadarola and unanimously voted to pay the bill as
presented.
Mrs.
Carson also reported that the Town Attorney is planning to send along a letter
to the Commission requesting that they no longer advertise continuations of
public hearings in the newspaper due to a Connecticut Supreme Court case he won
on this issue. The Town will be
able to save money by not having to pay the additional advertising
fee.
Mr.
Walton asked that if any future correspondence is received from Vote-for-Somers
that it be distributed to the members of this Commission and all other
Commissions regarding land use. He
also suggested that perhaps a meeting be requested with them to discuss some of
their issues. The Commissioners agreed with the idea
of a future meeting.
This
item was tabled until the next meeting.
A
motion was made by Joe Iadarola, seconded by Cliff Bordeaux and unanimously
voted to adjourn the March 8, 2007 Planning Commission meeting at 9:00
p.m.
Respectfully
submitted,
Brad
Pellissier, Secretary
Robin Timmons, Recording Secretary
MINUTES
ARE NOT OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT
MEETING.