3. The applicant is proposing to provide a 504. In accordance with Section 4.c of the subdivision regulations, the application includes 20% of the land to remain as open space. The open space is located mainly along the south and east boundaries of the site, and includes the pond. The subdivision regulations provide that any land reserved for surface water runoff, such as detention basins, regulated wetlands, waterbodies, brooks and streams shall not be considered as meeting the requirements of open space, except when in the judgment of the Commission such land is deemed to be of benefit to the recreation areas in Town and/or upstream or downstream watersheds. In no case shall more than one-half of said land be considered for open space requirements. Staff recommends that half credit be allowed for the existing pond but no credit
toward open space be given for the detention basin that bisects the property into two halves. There does not appear to be an easy way around the basin on the open space property, for anyone walking on the open space to get from one side to the other side.
5. As required by the subdivision regulations, the Town Council reviewed the proposed open space for desirability as future Town-owned land. At its regular meeting on May 20, 2002, the council passed the following resolution:
WHEREAS, the Open Space Task Force has reviewed proposed Vintage Hills subdivision open space located on the west side of Barber Hill Road, across from the Town-owned Wildlife Sanctuary, and
WHEREAS, the proposed open space received a favorable rating for Town ownership because of the pond, wooded areas and preservation of rural character; 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 Vintage Hills subdivision open space as Town open space.
BE IT FURTHER RESOLVED that the Town Council requires that any/all debris and/or contamination present on the subdivision open space be removed/remediated prior to future Town acceptance.
6. There are regulated wetlands on the property. The application was approved in its former configuration by IWA/CC on February 20, with a bond in the amount of $25,000 to ensure compliance with the Erosion and Sedimentation Control Measures and a bond in the amount of $10,000 to ensure the establishment of the detention basin and plantings. IWA/CC also requires that the conservation easement lots 10, 11 and 12 is to be established prior to the issuance of building permits on these lots.
7. The plan shows only one lot with a new driveway onto Barber Hill Road Sidewalks are shown on both sides of the new streets.
8. The site will be serviced by public water and septic systems. Site conditions are very difficult for septic systems on this property; and Environmental Health Officer Bob Deptula has indicated that because of concerns regarding elevations, drainage, separating distances of septic systems and other technical concerns regarding septic system installation, it is necessary and this project would be best served by submission of a final septic system design for most of the proposed lots, prior to PZC approval. This would ensure that all proposed lots are able to be served by septic systems and no lots would be rejected at a later date due to a system not being able to be installed per State Health Code. This will also ensure that lot-to-lot drainage will be adequate and acceptable; some
Commissioners will recall that poor lot to lot drainage in finished subdivisions has been the cause of many problems over the years. In fact, in at least one instance, the Commission itself paid thousands of dollars for solutions to poor lot to lot drainage in a new subdivision because neither the builder nor the developer would take responsibility for fixing the lot to lot drainage problems.
9. There are some sight line improvements needed; this can be accomplished by clearing vegetation. Also proposed for clearing are two existing trees located in close proximity to Barber Hill Road
10. Street trees are shown on both sides of all streets.
11. Staff recommend that the hearing for this application be continued so that necessary plan revisions can be completed.
12. If this application is approved, Planning Dept requests the following modifications in addition to those already noted:
i. Plan should reflect the open space calculation
ii. Total acreage of subdivision should be shown on key map
Jeff Doolittle, Town Engineer, provided the following report.
After reviewing revised subdivision plans (dated 4/23/02) for the proposed Vintage Hills Subdivision, I have the following comments:
There should not be easements to the Town of South Windsor around yard drains on private lots. These currently exist on lots 18, 15, 7, and 8. Also remove the drainage easement to the Town of South Windsor on the side of Lot 4 and move the drainage pipe if necessary.
Turn the two catch basins 90o at the end of Vintage lane.
Spot elevations are needed in the front and left side of lot 10 to clarify the grading by elevation 334, which appears to be a flat spot.
Should there be a buffer to separate lots 10, 11, 13, 14, 15, and 17 from the agricultural property to the north that may be farmed?
No footing drain is shown for the house on Lots 17 and 5.
Include a note to clear existing vegetation to provide clear sight lines along Barber Hill Road both north and south of Vintage Lane. We will review the areas along Barber Hill where vegetation is to be cleared. We want to insure that trees and shrubs that are in good condition and can be saved are not removed.
The sidewalks at the east end of Vintage Lane need to terminate with ramps out to this street.
On Sheet 9, the proposed stop sign is shown in the pavement.
More information is needed to clarify grading and lot-to-lot drainage in the back and sides of lots 1, 2, and 3. There is a large area without proposed contours. The existing contour is not labeled and this area appears to be flat.
The foundation drain from the house on Lot 1 should be relocated because it is shown discharging uphill from the leaching fields and toward Town open space.
1 or 2 catch basins are needed at the bottom of the driveway for Lot 8 to catch surface runoff that will flow down the driveway before it gets to the road. A yard drain off the driveway is not sufficient since it is more likely to get clogged by grass, leaves, snow and ice, and not catch runoff from the driveway.
Show a swale on the north side of Lot 7 to collect surface runoff before the sidewalk and road. Direct this water to Y2.
Two more yard drains are needed in the front of Lots 6/7 before the street line to catch surface runoff coming down the hill.
The gas main should be located under the pavement, on the opposite side of the road as the water main. These should be at least 4-6 feet out from the curb so they do not interfere with drainage pipes and structures.
As part of the overall subdivision review process we request elevations be shown on all the driveways at the house and the road, and the slopes of these driveways be included on the subdivision plans prior to approval. This will facilitate our review of grading and drainage and speed up the building permit review process.
The outlet from the detention pond should be aligned with the flow in the natural channel. The rip rap needs to be extended further downstream.
Provide an access road to the two drainage outlets and the detention basin for maintenance vehicles
Include an outlet pipe with a flared end from the catch basin along Barber Hill Road to this property, and a rip rap splash pad in accordance with Town Specifications. We will discuss any additional drainage work that is needed in this area with the applicant and coordinate this work with the site contractor.
Rights to drain in favor of South Windsor are not needed on Town open space.
Two minor revisions are needed to the grading plan for the intersection of Natures Way and Vintage lane. Remove the flat spot in the middle of this intersection at elevation 326. The elevation shown on the grading plan where CB17 is proposed is higher than the elevation on the plan and profile sheets.
Final Design plans need to be reviewed and approved by the Town Environmental Health Officer for the proposed septic systems. The septic systems will need to include curtain drains and meet the required separation distances. Surface elevations for the septic will need to be shown.
Show underdrains along both sides of these roads due to soil conditions and the probability of high groundwater.
Monuments should be shown along the front of this property to establish the street line for Barber Hill Road.
I did not receive revised drainage calculations and I will call the Engineer about the drainage calculations for this subdivision.
The Chair asked for public comment.
Jon Vales, 22 Chapel Road spoke in favor of the application and was particularly happy about the rural character being maintained with the plans.
Bruce Cutler, 55 Sele Drive, spoke in favor. He felt that an upscale development on larger lots would be an asset to the Barber Hill are as well as the Town.
John Dzen of 95 Foster Street, expressed his desire for a conservation easement to be placed on lot # 18 at a minimum of 75 feet in width to protect his farming operations. His concern is that residents will complain about his operations (which can occur at any time day or night). He cited a recent complaint that had made by a nearby homeowner.) He also expressed concern over the environmental study, which was completed on the property. He submitted some information to the Commission (taken from internet sites) relating to the potential harm of the chemicals that were found (Exhibits A-D). He cautioned the Commission to make sure that the applicant follow the remediation plan which is proposed for this property and follows all rules of the Department of Environmental Protection.
The Chair asked for Commission comment.
Commissioner Bazzano looked for clarification of the existing barns on site as well as information of the slope of the property as it heads west form Barber Hill Road.
Commissioner Larsen questioned the applicant's reason for not extending the roadway to the northerly property line.
DeMallie responded that the applicant sees it as a unnecessary expense and that since the applicant is unsure of the road profile if it were ever be extended, they feel it would be counter productive to build it now and have to be torn up and redesigned/reconstructed at a later date.
Larsen than asked Lipe for clarification of her comments relating to the open space calculation. Lipe indicated that the regulations allow for ½ the acreage of the detention basin to be considered as open space if deemed of some benefit by the Commission. Staff recommends that the basin not be counted because it bisects the open space and does not allow for much of an interconnection between the spaces.
The Commissioners discussed the conservation easement and hedgerow easement and questioned what kind of limitations would exist, e.g. could additional planting be placed in the easement area. Lipe indicated that the easement can be tailored by the applicant
Commissioner Evans asked the applicant to comment on Mr. Dzen's request for a 75-foot buffer along the southerly property line and why the house was located where it was on the large lot.
DeMallie was concerned that since the regulations did not require a buffer, and the applicant had already gone along way to protect this property with the placement of the open space that to be required to give more that a 50ft easement would be unfair to the applicant. Mr. DeMallie went on to comment that the house was located where it was because of wetlands constraints as well as soil conditions on the lot.
Mr. Cummings, attorney for the applicant, indicated that it was the applicants intent to give notice to any/all potential buyers of the farming activities that can and do go on in the area.
Commissioner McCann expressed concern about the outstanding engineering comments relating to the lack of septic design and lot runoff issues.
DeMallie indicated they were working to satisfy town staff concerns. The applicant did not want to do final design of all the systems because without knowledge of the exact house size and location chances are that systems would end up being redesigned at a later date. He expressed concern that this was being required when it has never been required with any other subdivision that has had septic systems proposed.
Attorney Cummings indicated to avoid any potential concerns of the septic systems; the Commission can condition this approval that final septic design is required prior to issuance of a building permit.
Commissioner McCann also asked Attorney Cummings if his client was willing to restrict the location of the house on lot #8 also that it remains in the location as shown on the plans (approximately 140 feet from the property line).
After a brief debate amongst the applicant, it was stated that the applicant was willing to place a restriction on the location of the house so that it could not be built any closer than shown on the plans. This would not restrict the potential homeowner from using the remainder of the lot or putting up an accessory structure in the backyard.
Commissioner Evans read the letters of support into the record (Exhibits E-N).
Motion to continue public hearing to 6/11/02 was made by Commissioner Evans and seconded by Commissioner Kennedy. The motion carried and the vote was unanimous.
SPECIAL MEETING - MADDEN ROOM
Commissioner Pacekonis was appointed to sit for Commissioner Choate who was absent
Appl 02-23P, George Medeiros, Jr., request for 5 year permit for an in-law apartment, at 734 Griffin Road, RR Zone
Commissioner Larsen recused herself from this application and Commissioner Cottle was appointed to sit for this application.
Motion to approve was made by Commissioner Kennedy and seconded by Commissioner Cottle.
The Commission discussed the application. Concerns was expressed over the lack of interconnection between the existing living space and the new living space proposed as well as the appearance from the street. The regulations require that the created in-law apartment be easily converted back into single-family living space. With this proposal, the only way to get between the spaces would require someone to go outside.
Lipe informed the Commission she could contact the applicant to discuss the concern. She mentioned the possibility of an accessory apartment proposal at his location, and some members expressed concern over having on approving one in this residential area. It was felt that an in-law apartment would be more appropriate.
Motion to table the pending motion was made by Commissioner Evans and seconded by Commissioner Wentzell. The motion carried and the vote was as follows:6:1 Evans, Montana, Pacekonis, Wentzell, Cottle, McCann, aye; Kennedy, nay
Motion to continued the Special Meeting beyond 10:00 p.m. was made by Commissioner
Evans, seconded by Commissioner Montana. The motion carried and the vote was unanimous.
Recreation Master Plan discussion with Matt Galligan, Town Manager
Matt Galligan, Town Manager, Ray Favreau, Director of Recreation, and several members of the Park and Recreation Commission were present to discuss the latest proposal, which may be considered for referenda this fall. The group distributed a copy of the presentation they have been using to illustrate the need for these improvements. They also distributed conceptual plans for the Commission to review and provide feedback.
Galligan commented the reason they were present was to introduce what is being contemplated and to get input from this Commission at this time regarding any concerns, questions, etc. and to look for support from this group.
Tire Centers, LLC located at 36 Mascolo Road, I Zone (see attached letter ' Exhibit O)
Dick Stacey was present to discuss the business. He indicated his company was a national chain interested in the building at 36 Mascolo Road. He is here tonight to make sure the use is considered permitted in the Industrial Zone and to answer any questions the Commission might have. He explained they are a service center for a wholesale tire replacement operation and that the primary purpose for the site on Mascolo Road was for the storage of tires before they are shipped for replacement on-site. Some of their primary clients have car fleets and they service them at their place of business.
The Commission discussed the proposal looking for clarification of the size of trucks using the site, the possibility of outside storage and concern for noise outside of the area. It was the consensus of Commission that it was permitted under the industrial regulations.
ITEM: Bonds - Landscaping
APPLICATION AMOUNT REDUCTION BALANCE
#00-09P, Rex Lumber $ 3,000 $ 0 $ 3,000
#00-34P, Stargas 2,000 $ 0 $ 2,000
#99-22P, Temple Beth Hillel 4,000 $ 0 $ 4,000
Motion to not reduce the above referenced bonds was made by Commissioner Montana and seconded by Commissioner Wentzell. The motion carried and the vote was unanimous.
ITEM: Adjournment
Motion to adjourn the meeting at 10:35 p.m. was made by Commissioner Kennedy, seconded by Commissioner Wentzell. The motion carried and the vote was as follows: unanimous
Respectfully Submitted,
____________________________
Kelli Holmes
Recording Secretary