PLANNING
COMMISSION
P.O.
BOX 308
THURSDAY,
JUNE 28, 2007
7:00
P.M. TOWN
HALL
The
public hearing was called to order by Chairman Karl Walton at 7:08 p.m. and the
legal notice was read. Mr. Walton
added that the Commission has receipts showing that all of the abutters
identified on the plans have been notified and return receipts have been
received from all but one abutter.
Mr.
Walton also requested that for the purposes of this meeting information be
presented on the May 30, 2007 plan only because that is the last plan that was
made available to the public.
Revised plans were delivered to the Town Hall
today.
Attorney Chris Smith,
Shipman & Goodwin, representing Jennifer and John Bernier, presented a
packet including project plans, Erosion and Sediment Control Narrative compiled
by Engineer John Martucci and dated June 25, 2007, Soil and Erosion Control
Notes from the plans, and a copy of Atty. Smith’s resume. Michael Bernier was also available to
answer questions for the applicants.
Engineer John Martucci from LBM Engineering, LLC and Sandy Aeschliman
from Aeschliman Land Surveying were also present.
Mr.
Smith explained that the parcel contains about 30 acres. They propose 5 new lots, with an
existing structure on a 6th lot. There are no wetlands on the
property. The lots will be served
by private wells and individual septic systems. There is a proposed 550-foot road
designated as North Farm Road.
Plans include a storm water
quality treatment system which meets the 2004 DEP Storm Water Quality Manual
guidelines. They also meet the DEP
2002 Soil and Erosion Control requirements.
Storm water will be directed
into 4-foot catch basins and then into a splash pad across from Lot 6. From there it will flow into a detention
basin with a vegetative bottom in the northwest corner of Lot 1. It will then discharge into a new
1,200-foot long storm water system with catch basins along Ninth District
Road. The system includes a 24-inch
culvert along the easterly side of Ninth District Road which leads into a
24-inch cross culvert and exits on the northwesterly side of the road. There will be a hydrodynamic separator
to treat total suspended solids in order to meet the 80% requirements. Peak flows will be kept at current rates
or lower in accordance with the Town Regulations.
There is a 300’ power line
easement along the southern boundary where there will be no
development.
The
area where the house lots will be located is comprised of approximately 6.5
acres and is not included in the storm water system. Mr. Martucci indicated that any sheet
flow will continue to go over the existing area and will not have adverse
impacts on the parcel or on abutters’ land.
The
proposed fee in lieu of open space is acceptable to the applicant. The applicants are requesting 2 waivers,
one for radial lot lines and the other for map scale.
There is a right of way
dispute in which adjoining property owners have brought a title action to
court. Staff has received a letter
regarding a possible right of way in favor of Sobaski’s. This dispute is not to be handled by the
Planning Commission but is being taken care of via
litigation.
Merv Strauss asked about the
vegetative surface treatment in the detention pond. Mr. Martucci explained that the
detention pond is to be lined with New England Wet Mix. This is often used in detention ponds.
Mr. Strauss expressed concern that
since the grass acts as a filter, it will be important to be sure that the grass
comes back annually.
Edward Wysocki, 337 Jobs
Hill Road, Ellington,
read a letter
from James Wysocki, 62 Eaglebrook Road, regarding his belief that the Board of
Selectmen and the Commissioners are not legally in office and that this hearing
is not a legal hearing.
Attorney John Parks, O’Grady
and Parks, noted that while the
Planning Commission is not required to determine who has the right to use the
right of way, it is required to uphold Somers’ regulations and address the
existing right of way. He referred
to Regulation 213-11, which designates the type of information required on
plans, and Subsection B.(4) which includes right of way easements. He also presented maps and photos
showing the right of way.
He
explained that the right of way is a road traversing the property. There are gates and fences at property
lines. He noted that the surveyor
is under obligation to include the right of way because he is aware that it
exists. The deed to the previous
owner, Ralph L. Wetherell, included language referring to rights of way. Attorney Parks and his clients have told
the surveyor about the right of way and he was also made aware of it at the
Zoning Board of Appeals meeting.
The right of way is also on the United States Department of Interior
Geological Survey and is the only access that the Peases, Sobaskis and the
Charters have to the landlocked parcels between the Bernier’s property and the
next road. The existence of the
right of way effects the placement of the road and septic
systems.
Attorney Parks also
presented an affidavit recorded by Clinton Charter on the Land Records regarding
his opposition to this application.
He
noted that it is Mr. Sobaski’s position that even if the Town is allowing the
water to drain along the public highway portion of the right of way, the
developer still needs to obtain all necessary permits of flows across existing
property owner’s land and he is not willing to grant this
permit.
Mr.
Iadarola asked that if the right of way is an existing feature of the property,
shouldn’t it be included on the map.
Mr. Aeschliman stated that there is no real defined pathway existing on
the site, only a short driveway and the gates.
Jodi Sobaski, 432 Ninth
District Road, stated that when the right
of way is proven to exist, North Farms Road will have to be moved 75 feet. She also stated that there is a path
directly in front of the barn. She
also noted that a lot of things were left off the plans, including the telephone
poles, overhead lines, fencing, side lot lines to the boundaries, and
underground electric lines to the house and from the barn to the
house.
Roger Pease, 370 Ninth
District Road, stated that Ralph
Wetherell originally requested that the gates be put in so that there was a way
through. He also showed that the
farm road was included on a CL&P map.
There is a visible path across the area continuing through the
fence.
Sandy Aeschliman noted that
the information included on the survey includes the features that were on the
land at the time the plans were done.
Joseph Russo, 479 Ninth
District Road, explained that there are
actually 2 gates and 2 roads. One
of the roads is gravel and accesses his property in the back. This road is not shown on the survey
either, even though it is shown on a previous map.
Edward Wysocki, 337 Jobs
Hill Road, Ellington,
noted that the
right of way impacts him as well because he is part owner of Wild Acre Forest
Management, 40 acres of Lot 5 and part of Lot 4. He stated that the right of way is
active and he would like it protected.
He added that the 1946 topo map shows it. He also is concerned about the power
lines and the effect that this will have on future owners of the proposed house
lots.
Attorney Amy
Blaymore-Patterson, 74 Box Mountain Drive, Vernon, spoke on behalf of Joseph
and Jacqueline Russo, noting that their property directly abuts the proposed
subdivision. She explained that the
application was dated May 3, 2007, has never been amended, and was for a
subdivision. On May 9, 2007 Mr.
Russo notified the Town by way of a letter to Karl Walton that the property had
already been subdivided and so the application should be for a
re-subdivision. When it is a
re-subdivision a public hearing is mandatory.
But
this was not done until after 2 meetings of the Commission and Mr. and Mrs.
Russo object to this. She also
asked if the applicant had requested waivers and Attorney Chris Smith reaffirmed
that waivers have been requested.
Mr.
Walton explained that the Town Attorney has advised that it is inappropriate to
allow comment on any application that is not at an open public hearing. Also, at those meetings it was explained
that a public hearing would be held which would allow for comments from the
public and the Commission needs to be sure that the applicant, Planning
Commission and Town staff are ready for the public
hearing.
Attorney Blaymore-Patterson
also read a letter from Jacqueline Russo to Karl Walton as Chairman of the
Commission dated June 27, 2007. The
letter stated that it is Mrs. Russo’s opinion that the development of the parcel
will be of detriment to the role and agricultural character of the neighborhood
and she urges the Commission not to approve the subdivision. It does not fit the topography of the
site.
Joseph Russo, P,E., L.S.,
479 Ninth District Road, presented a letter stating
that he is concerned about the development because it will adversely impact the
agricultural character of the neighborhood and does not fit the topography of
the land. He noted that the common
property line between Lots 2 and 3 is non-radial. The letter outlined 8 specific points
where the proposed plan does not meet subdivision regulations, including: (1) The common property line between
Lots 2 and 3 is non-radial; (2)
Proposed roadway cuts are non-conforming;
(3) Driveways are non-conforming;
(4) The intersection with Ninth District Road does not meet the intent of
Section 213-41.D(1); (5)
Significant bleed-out of water from the 12-foot roadway cuts is expected and the
plans should include a groundwater intercepting drain; (6) Comments regarding the Hydroflow
calculations; (7) Proposed
hydrodynamic separator does not take care of dissolved or soluble
contaminants; (8) The rights of way
are not shown on the plans.
Steve Sobaski, Ninth
District Road, stated that Mr. Russo’s
comments included the statement that the peak water flows would be increased and
the applicant will need a drainage easement and he will not give them
one.
Mr.
Strauss will check with the plans about the ground water. The Town does have under drains
currently along the edge of the road so they are at lower levels but he will
have to speak with Steve Jacobs about whether or not other drains are
needed. Item 3, he is not sure he
agrees with, but he will check further with the regulations. Frequently the Commission is presented
with subdivisions that require large amounts of materials to be removed. The regulation is generally interpreted
to control the way in which material is moved from the site. Mr. Strauss will have to look more
closely at item 1 of the letter.
Regarding the separator, the statutory regulations state that if you
suppress the peak so that it is no more than what it was before, then you have
met the obligation. And if you can
meet the 80% requirement, then you have also met the obligation. He will be studying the comments further
and may have different comments at a later time.
Mr.
Walton stated that a newer subdivision plan has been received today and it will
be available in the Town Clerk’s Office along with the rest of the record of
this meeting between now and the continuation of the public
hearing.
A
motion was made by Greg Genlot, seconded by Cliff Bordeaux and unanimously voted
to continue the public hearing for Bernier’s Resubdivision Application #402 for
6 lots at 455 Ninth District Road at the next regular Planning Commission
meeting on Thursday, July 19, 2007, at 7:00 p.m. in the Town
Hall.
Chairman
Karl Walton called the regular meeting to order at 9:30 p.m. Members Cliff Bordeaux, Greg Genlot, Joe
Iadarola (seated for Brad Pellissier) Karl Walton were present and constituted a
quorum. Town Engineer Mervyn
Strauss was also present.
III. OLD
BUSINESS
a.
Special Use Permit Application for Shady Lake ARH Project, 31 South Road,
Shady Lake LLC - Update
Roger
Frangmore stated that he and Dan Avery are ready for a public hearing. Nat Sreenath, David Payne, Landscape
Architect, Jim Tripa, Housing Architect were present to answer any
questions.
Nat
Sreenath reviewed the plans explaining that they are proposing a cul-de-sac with
duplex and single units of age restricted housing. Each unit will have it’s own
driveway. Water will be provided by
Connecticut Water Company. He
briefly reviewed the storm drainage system as presented
previously.
Mr.
Walton asked if all of the outflows conform to the Storm Water Manual
requirements. Mr. Sreenath stated
that the regulation does not say that you need to meet the requirements at each
of the outflow areas, but that the entire system must meet the
requirements. Discussion moved to a
one of the drains and Mr. Sreenath explained that it is not engineered to remove
80% of the solids because there is no way to test it, but his common sense says
that it will.
It
was also noted that they are using Shady Lake to remove 80% of the solids. Mr. Strauss will research the plan to
determine if it is acceptable. Mr.
Walton noted that the intent is to protect the wetlands from the infusion of the
suspended solids and not to use the wetland to achieve the standard when it
leaves the property. He added that
through the application process the applicant must prove to the Planning
Commission that they satisfy the 2004 Storm Water Manual requirement of the
DEP.
Mr.
Walton stated that this may become a problem with the application going forward
but he will defer to the engineer’s opinion after researching the
plan.
James
Tripa described the proposed 32 units, comprised of single and duplex units just
under 1,800 square feet. All of the
units will have basements, either walkout or with hatches. All will be one bedroom, with an
office/den, and all living space is to be on one level. Each unit will have a deck or
patio. There will be a Homeowners’
Association.
David
Payne described the landscaping plan.
There will be a walking trail.
A buffer planting is proposed between the units and additional plantings
will be made along the slopes.
There will be meadow grass in the periphery. All trees which may impact an orchard
have been eliminated.
It
is anticipated that a public hearing will be set for August 2, 2007 at the next
meeting.
b.
Other
– There was no Other Old Business.
III. NEW
BUSINESS
a.
Subdivision Application #403, 8 Lots, 88 Battle Street (Pine Knob
Estates), Horizon View Estates, LLC
Robert
Gingras presented plans for an 8–lot subdivision connecting to Battle
Street. The connection road meets
the requirement for line of sight.
He had submitted preliminary plans for Merv to look at and the drainage
system has been altered in accordance with his recommendations. He presented these revisions for Mr.
Strauss to look at. Mr. Strauss would like to have a conference about drainage
maintenance issues with public works and the applicant’s
engineer.
b.
Zoning Referral: Zoning
Regulation Amendments for Somersville Center Overlay
District
Mr.
Walton presented a copy of the drafted final copy of the Zoning Regulation
amendments for the Commissioners to review. Discussion on this was tabled until the
next meeting.
c.
Extension of Time to File Approved Subdivision Mylars with Town Clerk,
Application #400, 1-Lot, Hall Hill & White Oak Roads, Richard A. McCullough,
Inc.
A
motion was made by Greg Genlot, seconded by Joe Iadarola and unanimously voted
to approve the applicant’s request to extend the time to file a mylar with the
Somers Town Clerk for Richard A. McCullough, Inc.’s 1-lot subdivision
application #400 on Hall Hill and White Oak Roads. This extension is granted for an
additional ninety (90) days to October 29, 2007.
d.
Other
Discussion
followed about the open space fee on the Richard McCullough subdivision
application #400 and Mr. McCullough’s inquiry. Mr. McCullough was asked to submit his
reasons for requesting the inquiry in writing but he never submitted
anything. The plans were accepted
by signature and nothing further has happened.
VII.
AUDIENCE PARTICIPATION
– There was no audience participation.
VIII.
CORRESPONDENCE AND BILLS
Notice
was received of a seminar on principles of drainage of for local roads. It was decided not to send the Town
Engineer to the seminar.
A
motion was made by Cliff Bordeaux, seconded by Greg Genlot and unanimously voted
to adjourn the June 28, 2007 Planning Commission meeting at 10:30
p.m.
Respectfully
submitted,
Brad
Pellissier, Secretary
Robin Timmons, Recording Secretary
MINUTES
ARE NOT OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT
MEETING.