Chairman McCann asked if Mr. Zizka was suggesting that we couldnalong any of the streets of the subdivisions.
Zizka replied no.
Chairman McCann asked why Avery Street is being singled out as the one street we
could not require sidewalks?
Zizka responded that Avery Street is not being created by the developer and is an existing public street and the developer is not creating any lots along Avery Street.
Chairman McCann stated that he is creating lots within the subdivision that very well
may have school age children that may have use of the school right around the corner.
Doolittle commented that the town would be responsible for maintaining the sidewalks
in open space subdivision that are put in by developers, because the land will be town
owned.
Michele Lipe reviewed the Planning Department Report:
Request for approval of Phase I of an open space subdivision to create 8 new lots,
with a total of 24 lots in two phases, RR zone. The proposed phase I is an extension
of a road stub provided in Cutler Ridge II subdivision. There is no new road cut onto
Avery Street proposed. The site size is 44 acres.
The new open space subdivision regulations require a Special Exception approval for
the open space subdivision in addition to subdivision approval. Under these new
regulations, 50% of the land area is required to remain as permanent open space.
Minimum lot size required in a RR zone open space subdivision is 20,000 sf. The
minimum lot size proposed is about 32,000 square feet in Phase I. The maximum
number of lots allowed on this site is 24 lots, which is the maximum number that
could be achieved with a conventional subdivision. We note that under the old open
space subdivision formula, a maximum number of 34 or 35 lots would have been
allowed in an open space subdivision.
Special Exception criteria for approval include:
The land is physically suited to the proposed use and minimal adverse
environmental impacts are created;
There will be minimal adverse impacts on existing uses in the area;
Surrounding property values will be conserved and the character of the
neighborhood will not be unduly disrupted;
An open space subdivision shall consist of parcels of land containing no less than
six (6) contiguous acres.
There are also many design guidelines for subdivision layout, including:
To promote the preservation guidelines outlined within the Open Space
Master Plan, the Town Plan of Conservation and Development, the
Recreation Master Plan, and/or the Agricultural Land Preservation Master
Plan.
To preserve and maintain all or part of any existing forests, fields, pastures
and other land in agricultural use, especially land mapped as Class I or II
farmland soils, together with sufficient buffer areas of not less than 50 feet,
to minimize conflict between residential and agricultural use. The
Commission may waive the minimum buffer requirement where existing
features exist which provide an acceptable buffer at less than the required
minimum.
That consideration be given to the preservation, creation, and connection
of areas used for wildlife habitat, recreational corridors and trails within
subdivision open space.
That a provision be provided for pedestrian access between properties and
for a perimeter design concept intended to facilitate the networking of trails
for pedestrian and/or equine use to ensure recreational access to resource
lands as provided for in the Subdivision Regulations.
That the location of the open space areas be primarily in areas which are
contiguous to existing open space areas or in areas of the site with the
highest probability of connecting with future open space areas.
That the scenic views and vistas, particularly as seen from public or scenic
roads, be preserved.
That the visual integrity of hilltops be maintained by siting development so
that building silhouettes will be below the hilltop or, if the area is heavily
wooded, the building silhouettes will be at least ten (10) feet lower than the
average canopy height of trees on the hilltop.
That consideration be given to the protection of existing residential areas,
which shall include the creation of sufficient buffer areas, of not less than 50
feet, to minimize conflict between existing residential use and the proposed
open space subdivision. The Commission may waive the minimum buffer
requirement where existing features exist which provide an acceptable buffer
at less than the required minimum or where the proposed lots which abut the
existing residential use contain the minimum required area for conventional
lots per Section 10.2.
Finally, the zoning and subdivision regulations require that all developments shall preserve open space land to serve one or more of the following purposes:
The preservation of land areas outlined within the Master Plans.
The creation of public parks, playgrounds or other outdoor non-commercial
recreation areas, athletic fields and related facilities.
The protection of natural streams, ponds, or water supply.
The conservation of agricultural soils, wetlands, or marshes.
The protection of natural drainage systems or assurance of safety from
flooding.
The preservation of existing natural buffers.
The conservation of forests, wildlife, agricul-tural and other natural
resources.
Open space is located between the existing public street and the new lots.
The zoning regulations provide for Commission approval of the location of open
space. If the Commission is not satisfied with the proposed location, you have the
option of requiring it in a different location. The Commission has also given itself
the right to place conditions on the approval to ensure that the purposes of the
open space regulations are carried out, including:
Granting of a covenant or easement to ensure that existing fields or pastures
will be plowed or mowed periodically with attention given to the
requirements of existing animal and plant species.
Granting of an easement providing and defining rights of public access.
Designation of no-cut or limited-clearing areas on lots.
Measures to ensure the maintenance of scenic views and vistas.
The open space requirement for this subdivision is 22 acres. The applicant proposes
to provide 22 acres of open space, of which approximately 7 acres is wetlands.
Open space is required to include at least 20% of the land outside of regulated
wetlands
Under the open space subdivision regulations the Commission has three options for
open space ownership:
Town ownership, subject to Town Council approval,
Quasi-public land preservation organizations, subject to their acceptance, or
Homeowners Association
The Open Space Task Force reviewed the proposed open space and recommended to the Town Council that the open space should become Town-owned land, in part because of the lengthy band of open space that would be interconnected with this approval. The Town Council passed the following resolution:
WHEREAS, the Open Space Task Force has reviewed proposed Mannarino subdivision open space located on the east side of Avery Street, north of Cutler Ridge II subdivision and south of Chase Orchard subdivision; and
WHEREAS, the proposed open space received a favorable rating for Town ownership because some of this open space is adjacent to Avery Street and the interconnection to other open space is strong; and,
WHEREAS, the Open Space Task Force has recommended that the Town Council endorse acceptance of the proposed open space as Town-owned open space;
NOW, THEREFORE, BE IT RESOLVED that the Town Council endorses the acquisition by the Planning and Zoning Commission of the proposed Mannarino subdivision open space as Town open space.
BE IT FURTHER RESOLVED that the Town Council requires that the debris on the subdivision open space be removed prior to future Town Council acceptance.
Access to the open space will be from several locations, including Avery Street,
Chase Orchards subdivision open space, and Cutler Ridge II open space. A small
parking area exists on the Chase Orchards open space.
The Open Space Task Force has purchased permanent metal markers for delineating
boundaries of Town-owned open space. If this subdivision is approved, the perimeter
of the open spaces should be marked with the markers.
While the applicant has requested approval for Phase I only, staff have reviewed
both phases of the subdivision since the proposed open space delineation defines the
Phase II lot area. Phase II borders Vernondistrict, specifically a multifamily development known as "The Mansions," partially
shown on the last sheet of the plans. The multifamily development is about 40 feet
away at its closest point. The Commission has required screening on similar
subdivisions to the north. The applicant proposes to address this by the provision of
a 50 foot conservation easement along the rear of Phase II lots.
There are at least one, possibly two encroachments by residential neighbors onto
this subject property. The first is shown on the subdivision map, at the northwes
corner of the open space on Avery Street. This encroachment is proposed by the
applicant to be handled by conveyance of a portion of this property to the
encroaching neighbor. The second potential encroachment involves an extension of
the back yard lawn area of one of the lots at Cutler Ridge II possibly into the
proposed Open Space "2" area. If, when the Cutler Ridge lots are pinned, there is
an encroachment, staff recommend that the lawn area be removed by the applicant
prior to acceptance of the open space.
Inland Wetlands Agency/Conservation Commission approval is required. The
application is pending with IWA/CC.
Sidewalks are shown on both sides of the new street. Staff suggests that there should
be a sidewalk on Avery Street also, at least as far as the pedestrian crosswalk, due to
the proximity of Philip R. Smith School.
The site will be serviced by public water and sewers. WPCA approvals from both
South Windsor and Vernon are required.
Street trees are shown on both sides of the new street.
The Planning Department notified CRCOG as required under state statutes for a
subdivision within 500 feet of a town line, with the following response: See attached
Exhibit A.
If this application is approved, the Planning Dept. requests the following modifications:
Debris must be cleaned up from the open space prior to acceptance.
Sidewalk should be provided on Avery St frontage, at least to the crosswalk.
Open space perimeter must be delineated with metal boundary markers provided by
Open Space Task Force.
Chairman McCann inquired to members of the public to speak in favor, see none, it was asked if any members of the public to speak opposing this application.
David Guay, 28 Kingsley Drive, stated he currently lives next to a wooded lot and would
like to continue living next to a wooded lot. The original plans put part of open space
along the Vernon line and he would like to see some open space or some type of buffer
in that area.
Mannarino commented to the Commission when he originally and informally presented
the proposal of open space which is required by the regulations, it was to decided by this
commissioner to go open space because it was in a designated open space area. It
showed all of the land on the Vernon line open space. The town staff did not want the
open space in that location because it only serves the purpose of the homeowner and
they want it to serve the town. It was reconfigured to meet staff requirements that,
they wanted the open spaced moved. A fifty-foot conversation easement is proposed
along the town line. We cut back the lots and redesigned the open space. We are
making a proposal of a waiver for the length of a cul-de-sac and the road will move to
create larger lots.
Michele Lipe indicated that there were wetland issues on some of the lots and moved the
subdivision slightly to the east, eliminating the open space toward Vernon town line.
Commissioner Kennedy questioned the sidewalk improvements. The same developer
has created other subdivisions in this area. Now there are 8 homes going in Phase 1 and
another 16 homes in phase 2, would it be a problem requiring this small stretch of
sidewalk to the school.
Zizka responded yes, and because it is an existing public road no impact will be placed on Cornerstone Drive and Avery Street so it should not be the responsibility of the developer to construct a sidewalk and be responsible for the drainage along Avery Street. The drainage required at intersection of the new cul-de-sac and Cornerstone Drive is appropriate because we are creating this situation. The drainage along Avery Street is not being caused by the development. The sidewalks are required because of an existing school. The town should have installed those facilities necessary for the safe use of this street to get to the school.
After a lengthy discussion between Commissioner Kennedy and Attorney Zizka
regarding the legalities of the Avery Street sidewalk, it was mentioned by Zizka that the
concerns is not so much the sidewalks, but the drainage issues it could cause and the
developer should not be responsible for the drainage.
Commissioner Kennedy asked Town Engineer, Jeffery Doolittle, if he felt if the
subdivision as proposed would created additional problems with drainage in Avery Street.
Doolittle responded at this point yes.
Commissioner Wentzell commented that if the homes were being placed on Avery
Street the Commissioner would certainly be able to require the sidewalk along Avery
Street.
Zizka responded yes.
Commissioner Wentzell stated there is some proportional increases in traffic to the school system created by these eight lots. He believes there was intent to propose a new application to create this development due to the fact that a stub was left on Cornerstone Drive.
Zizka responded with three points:
The courts would not allow you to say that property owned by the same developer
would allow a commission to require more from the developer.
You cannot say there was always an intention to develop this piece of property because
Mannarino did not own this property at the time of other developments.
The feeling is the developer has done more than required by creating sidewalk all along
Cornerstone Drive because there are not residences all along Cornerstone Drive. We do,
however, although we do recognize you regulations require them.
Commissioner Larsen the Town Council approved this as town owned open spaced.
Commissioner Cottle asked the Town Engineer if the town would maintain the sidewalk from proposed intersection to Avery Street.
Doolittle responded the road has not yet been accepted and when it is the town
will be responsible for the sidewalk.
Commissioner Larsen inquired if we approve Phase 1 the way it is proposed how locked
are we in Phase 2.
Mannarino stated the only reason Phase 2 has not been presented is because he needed to have a waiver approved for the length of the cul-de-sac which is scheduled for January 22, 2002. He is requesting to keep this public hearing open until the waiver is granted or denied. Mannarino also stated that if the time expired for the public hearing he would submit an extension to keep the public hearing open.
Commissioner Evans made a motion to continue this application #01-45P until January
22, 2002, seconded by Commissioner Larsen. The motion carried and the vote was
unanimous.
Commissioner McCann asked Michele Lipe that under the new subdivision regulations
we need to see a layout of lots that would show the lots that could be constructed on this
parcel under a standard subdivision not an open space subdivision.
Lipe indicated that the applicant has that layout and it will be available at the next
public hearing, and it should be part of this record.
REGULAR MEETING
There was no public participation.
Commissioner Evans read a letter from Redland Brick, Inc. requesting a two-year extension for an earth removal permit.
Chairman McCann asked for comments from the Planning Department.
Michele Lipe indicated no work has been done and Planning Department has no problem supporting this extension.
Appl #00-01P, Redland Brick, Inc. for a two year renewal with previous conditions for an earth removal permit on property located northerly of Strong Rd. and easterly of Rte 5, I and RR zones
Motion to approve two-year extension with previous conditions was made by Commissioner Evans, seconded by Commissioner Larsen. The motion carried and the vote was unanimous.
ITEM: Plan of Conservation Development Workshop
After a discussion of the Plan of Development, Chairman McCann made a suggestion that the Commission should review the draft and have comments to the Planning Department by January 15th for the next Plan of Development Workshop meeting of January 22, 2002.
ITEM: SRD Amendments:
The SRD sub-committee has met twice and has discussed the following:
Locations Restrictions.
Increase the cap for the number of units to 225 under special exception.
Changed some of the Exception Review Criteria for minimal adverse effects.
Incorporated information from the Town Plan of Development
Proposed increased buffers, front, side, and back yards.
Developed a chart for percentage of unit types and maximum density
Minimum setback between dwellings to 40 feet.
It was the consensus of the commission to send the proposed SRD Amendment to CRCOG and to move forward with a public hearing.
ITEM: Appointment
Motion to appoint Ray Alexander to the Architectural Design Review Committee was made by Commissioner Evans, seconded by Commissioner Larsen. The motion carried and the vote was unanimous.
ITEM: Extend Meeting
Motion to extend the meeting past 10 p.m.was made by Commissioner Larsen, seconded by Evans. The motion carried and the vote was unanimous.
Michele Lipe distributed a Commission Resource Guide to the commissioners. Also discuss by Lipe was the Strategic Core Group. For more information log on to www.southwindsor.org, Strategic Planning. Suzanne Choate was appointed to represent the Planning and Zoning Commission on the Strategic Core Group.
Commissioner Montana inquired if we have any money in the budget to hire an expert to compile an environmental report before the public hearing for the Appl #01-48P pending on 420 John Fitch Blvd.
Lipe indicated that she would report back to the commission regarding which avenues should be taken by the Planning and Zoning Commission prior to the public hearing for 420 John Fitch Blvd on February 26, 2002.
ITEM: BONDS: Appl #01-12P Deming Hill Estates Section VI Subdivision
Motion to approve Engineering recommended bonds for Deming Hill Estates for Section A - Loomis Road at $469,000.00 and Section B
Motion to approve the reduction of bonds for Deming Hill Estates for Section A - Loomis Road to $124,800.00 and Section B - Castlewood Drive and Deming Street to $216,200.00 was made by Commissioner Evans, seconded by Commissioner Kennedy. The motion carried and the vote was unanimous.
ITEM
Commissioner Evans read a letter from Town Attorney, Barry Guliano, regarding Westview Office Park regarding a conservation easement. Commissioner Montana has a standing disqualification for this application.
Westview Office Park would like to increase their parking spaces and they are requesting a partial release of a conversation easement. If Town Council approves the release then an application will be forwarded to the Planning and Zoning Commission.
The Planning and Zoning Commission had no comment at this time.
ITEM: Adjournment
Motion to adjourn the meeting at 10:50 p.m.was made by Commissioner Wentzell, seconded by Commissioner Kennedy. The motion carried and the vote was unanimous.
Respectfully Submitted,
Kelli Gaetano
Recording Secretary
