MEMBERS PRESENT: Chairman Patrick Kennedy, David Sorenson, Louise Evans, Mike Sullivan, Mark Abrahamson
ALTERNATES PRESENT: Viney Wilson
STAFF PRESENT: Marcia Banach, Director of Planning
Jeff Doolittle, Town Engineer
PUBLIC HEARING - COUNCIL CHAMBERS
Evans read the legal notice as it was published in the Journal Inquirer on Thursday, February 14, 2008 and Thursday, February 21, 2008.
1. Appl 07-69P, Mannarino Builders, Inc.- request for a Subdivision and Special Exception to Section 7.14 to create a 64 lot open space subdivision on 95.6+ ac., to be known as "Dzen Tree Farm" Subdivision, on property located on the easterly side of Maskel Road, westerly side of Barber Hill Road, A-20, A-30 and RR zones
Attorney Michael Bonanno, representing Mannarino Builders gave a brief summary of the application. The applicant has received approval from the IWA/CC. The site plan has been updated to reflect that the lots to the south-easterly portion of the property were removed near the entrance to Barber Hill Road. After the last preliminary hearing the applicant discussed the plan with Town staff and felt that he had a good plan. The subdivision is partially in the A-20 zone, partly in the A-30 zone, and in the RR zone. The application complies with all of the requirements for the three different zones. The site consists of 94.806 acres and the applicant is proposing an open space subdivision for 64 lots and the construction of homes on these lots. The application complies with the Open Space Subdivision
Regulations. This application provides valuable open space to the Town. The Town is prepared to take title of the open space and there is a small portion that the town will not take. A traffic study was done by F.A. Hesketh and Associates and the conclusion of the traffic study was that the road will not be significantly impacted. The Open Space has to be deeded to the Town within one year and the applicant is requesting for a waiver of 30 months to give them time to make necessary removal of the tree stumps.
Wilson Alford Jr., Professional Engineer with Alford Associates presented the application. In April of 2007 the plan was updated to reflect the open space to the east and to the north of the site. The final plan has an open space A which protects the top of the hill, open space B that is adjacent to additional open space along Abbe Road. There is a corridor of open space on the property to the west that will connect back to the pond. The open space task force was not pleased with open space C, so the applicant proposes to incorporate that into the lots. There is adequate open space with A, B, D and E to comply with the regulations. The subdivision will be done in four phases. There has been discussion about the two lots that are adjacent to open space E as to the appropriateness of them. One of
the benefits to the Town would be that open space D will be a more active area and parking will be provided for this purpose. The homes that are build on that part of the site will be a deterrent to unauthorized activities. There is a proposed access drive that will allow four wheel drive vehicle to get to the top of the hill and this is still being discussed with Town staff. The trees on the north side will be saved. The plan has 64 lots on it and this conforms to the zoning regulations. The property will be served by city water and public sewer. There is sewer that runs to Abbe Road and easements are required to get the sewer up to the property. There are a series of detention basins throughout the site, to reduce the peak rate of runoff from the property.
Attorney Michael Bonanno mentioned that the land was formerly an agricultural use and the applicant has made sure that the site was thoroughly tested. Mannarino has spent extensive time discussing it with the Town to make sure all requirements are met. The Town has also hired an environmental specialist Fred Johnson, to review the report that was done by the applicant and he asked the applicant to test certain other areas. The applicant wants to make sure that the site is safe before any homes are built.
Bob Carr, LEP with Zuvic Associates gave background information on the site. Zuvic Associates was contracted by the applicant to determine the environmental status of the soil on the site. On October 2007 samples were collected along the eastern portion of the open space area near the pond and the area of the Christmas trees. At that time the samples came back clean, and Fred Johnson, the Town's consultant requested that another sampling be taken. Zuvic Associates then went back and collected 28 more samples in that area. On the map; green indicates the portions of the site where no pesticides where found and the areas that are colored purple mark the areas of contamination from pesticides. The criterion that was used to compare it against, was the CT Remediation Standards Regulations. Phase I has no
contaminated soil. Phases II, III and IV have contaminated soil that will need remediation (See report, Exhibit I).
Attorney Michael Bonnano, commented on the open space and how it benefits the Town. The subdivision will not create any negative impact on the residents in the area.
Banach gave the following Planning report.
1. Request for approval of an open space subdivision to create 64 lots between Maskel Road and Barber Hill Road, A-30 and RR zones. The site size is 95 acres. The subdivision is proposed in four phases, with the open space divided among the four phases so that each phase includes the required amount.
2. The subject property is included in three master plans as desirable for preservation: the Agricultural Land Preservation Advisory Committee, the Open Space Task Force, and the Plan of Conservation and Development. The Subdivision Regulations require that any subdivision proposed on land recommended for preservation must be an open space subdivision with 50% of the land preserved as open space. This subdivision has been designed in accordance with the mandatory open space subdivision requirement. The applicant has had concept plan discussions with the Commission regarding the layout of the subdivision.
3. Minimum lot size required in the A-30 zone for an open space subdivision is 15,000 square feet; 20,000 square feet in the RR zone. The minimum lot size proposed is about 19,000 sq ft in the A-30 zone and 20,000 sq ft in the RR zone. Under our open space formula the maximum number of lots allowed is 64 lots.
4. The road configuration consists of a new road that connects Maskel Road to Barber Hill Road, with a road stub to the remaining tree farm property to the north.
5. The open space requirement for this subdivision is 47.4 acres. The applicant proposes 48 acres in 4 separate parcels.
6. We note that the Open Space Task Force had previously reviewed this entire property for potential Town ownership. While the Town ultimately was not able to purchase the property, the Open Space Task Force did identify the most desirable areas for open space, concluding that the top of the hill and the pond near Barber Hill Road are very desirable areas for open space. The majority of the proposed open space has been located around those two features. The hilltop is the second highest point in South Windsor (the Town already owns the highest point at the Wildlife Sanctuary), with stunning views of the Hartford skyline and traprock ridges in other towns. The pond is used by the Super Sixties club for the annual fishing derby in the spring. Both the Open Space Task Force and Town staff recommend that lots
63 and 64 be removed from their current location within Open Space Area E. These two lots detract significantly from the value of that open space by their intrusion into the midst of the open space.
7. The subdivision regulations also require that any future Town-owned open space be referred to the Town Council for their recommendation regarding future acceptance. The Town Council discussed the open space at its February 4 meeting but has not forwarded a recommendation as yet. A resolution is scheduled for the March 3 regular Council meeting.
8. 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 subdivision regulations also 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 requesting it in a different location or requiring a fee in lieu of open space.
9. The Open Space Task Force has purchased permanent metal markers for delineating boundaries of Town-owned open space.
10. There are about 6.5 acres of regulated wetlands on the property. The applicant received IWA/CC approval on February 6, 2008, with a bond in the amount of $50,000 for compliance with erosion and sediment control measures; a bond in the amount of $20,000 for mitigation; and a bond in the amount of $50,000 for storm water structures. Approval conditions include a requirement that the Environmental Planner will oversee soil remediation activities as well as slope stabilization of Open Space A.
11. Soil and water testing shows that the farm contains residual pesticides from the farming operations that have been conducted over the past decades. Staff engaged the services of a Licensed Environmental Professional, Fred Johnson with the firm GEI Consultants, to review the test results and interpret them for us. Mr. Johnson has satisfied us that the residual pesticide contamination is the result of normal agricultural practices and can be appropriately remediated. Mr. Johnson is here to answer any questions you may have about his report.
12. There will be no new driveway cuts for houses onto Barber Hill Road. Sidewalks are shown on both sides of the streets throughout the subdivision.
13. The site will be serviced by public water and sewers. WPCA approval is required.
14. The Traffic Report indicates that the existing roadway network has the capacity to accept the proposed traffic with no level of service reductions.
15. Street trees are shown on both sides of all streets, within a street trees easement that is shared with CL&P.
16. If the open space is accepted as proposed, staff has a number of recommendations for open space improvements that are needed prior to Town acceptance of the various open space areas. These recommendations include stabilization recommendations to correct erosion conditions from current agricultural practices, recreational enhancements to facilitate use of the pond and hilltop, and improvements to minimize future Town maintenance requirements. The staff recommendations are included in a memorandum to Town Manager Matthew Galligan from Public Works Director Michael Gantick and Marcia Banach dated February 4, 2008; copies have been provided to the Commission.
Staff request that this hearing remain open so that we can review the revised plans that were submitted this morning, and to receive the Council's recommendation regarding the disposition of the proposed open space.
Doolittle gave an Engineering report.
1. Include sidewalks along both sides of the new roads.
2. The path up to the top of the hill needs to be constructed of gravel, at least 10 feet wide and no more than 10% slope so a maintenance vehicle can use it to access the open space. The path and associated parking spaces should be located close to but not on Lot 11 and the stand of trees to the north saved.
3. The drainage swale and the gravel access road to open space A should be stabilized so there is no erosion in this swale or along the gravel access road. Rip rap lining and/or check dams will probably be necessary in these areas. The swale needs to end at a properly sized catch basin/YD off the road.
4. Yard drains 1, 2, 3, 4, 5 and 6 may need to be extended toward the rear of these lots. The final determination will be made based on the stability of the slopes, the amount of surface runoff coming down the slopes and the grading shown on the plot plans when they are submitted for building permits.
5. Sheets G3, G4, San P/P1. Show a gravel access road over the entire cross country sanitary sewer line and to Detention Basin 2 inlet and outlet. This should be located along the north side of detention basin 2 to the outlet and to SMH 4 and along the north side of 178 Abbe Road property.
6. Show the trees and other obstructions being cleared from the sanitary sewer easement /ROW on property at 178 Abbe Road.
7. Removed debris from and adjacent to this property. For example debris on and just to the west of the property line by the proposed DB 3 that appears to have come from this property. There is also debris on the open space that needs to be removed, for example there is yard waste and debris on the hill to the north of Lot 11 on open space A.
8. Sheets P/P1-P/P6. Show underdrains in the road cuts at the following locations: The exact locations of the underdrains will be finalized in the field by the Town Engineer based on soil conditions.
a. From CB's 1 & 2, station 2+50 to CB's 9 & 10, station 13+25.
b. From CB's 31 & 32, station 24+32 to CB 39, station 33+80.
c. From CB's 34 & 35, station 38+25 to CB 49, station 41+05.
d. From Blue Spruce CB's 46 & 47, station 0+19 to end of cul-de-sac.
9. Sheets P/P2, 4, 5, 6. Provide grading plans for the intersections of Balsam Fir with Frazer Fir and Blue Spruce with Frazer Fir that show detailed grading/drainage for the side roads to transition from a standard cross section to match the Frazer Fir gutter line.
10. Sheets P/P3 & P/P4. Provide Grading/drainage plans for the Phase II and III temporary cul-de-sacs.
11. The drainage analysis for this development must be complete and the drainage structures shown on the plans must agree with the calculations.
12. Shift DB3 more onto open space and out of lots 38 and 39.
13. Provide dedicated 25 foot minimum Town ROW for access to open space D1 (by DB3) and open space B (by DB2)
14. Add a note to the plans that heavy construction vehicles are to access this site from Barber Hill Road.
There was public participation.
Robert E. Spooner, 148 Maskel Road, concerns centered on the water runoff and how it will affect his property. He has concerns about the construction traffic that will be coming through the street. He has a question about the vacant lot and how if it will be marked so that people know its private property.
Gary Bazzano, 53 Spinners Run, was not in opposition, he mentioned that the site has open space which will benefit the public. He agrees with the Town Staff that the two lots near Barber Hill Road should be removed and made into open space to be used for soccer fields. He asked Town Staff if the two lots could be used for soccer fields. He had concern with the truck traffic that would be coming through Maskel Road.
Mannarino responded that that the heavy equipment to build the road will come through Barber Hill Road. The delivery trucks, pick up trucks, and box trucks will come through Maskel Road. The road will be built in 4 phases.
Ralph Pelletier, 120 Maskel Road, has concerns with the road being built in phases and if the project is not completed the impact it will have on Maskel Road. He asked why the applicant doesn't build the road completely instead of doing it in phases.
Letters were read into the record. (See exhibits I-IV)
Commissioners had questions and concerns. Responses will be in italics.
" Commissioners questioned if the Barber Hill access for heavy equipment satisfies the concerns of Town Staff. Doolittle responded that at a minimum, heavy construction equipment should access from Barber Hill Road. If the developer is not going to build the road all at one time Staff does not have a solution for how to force construction vehicles through an unfinished road when there is a public road that the vehicle can use. Staff does not want every- day traffic going through an unfinished road because it may pose safety hazards and the Town will not maintain the road.
" What does the impact of moving lots number 63 and 64 have on the layout of the subdivision?
Mannarino responded that according to the regulations his open space subdivision is allowed to have 64 lots. The applicant chose to have lots that are larger with more frontage to make it a more pleasing development. Removing the two lots would be a hardship for the applicant. In the past the commission requested removing other lots to turn them into open space and those requests were met by the applicant. The applicant does not wish to remove lots 63 & 64 because they feel they have the right to have them. By putting the lots somewhere else it will have an impact on the subdivision, the lots would get narrower. The Open Space Task force agreed that they wanted the open space regardless of whether the lots were a part of the subdivision or not.
Banach mentioned that the Opens Space Task Force would take the open space but preferred that lots 63 and 64 be removed.
" Need clarification about the remediation that will be done on the site. Will there be testing done once the remediation is complete? How much time will lapse from the time that the remediation is complete to the time the homes are built?
Bob Carr responded that the soil will be re-tested to the Towns satisfaction before any homes are built. The results will have to be acceptable to the Town Staff before any homes are built.
" What is the time frame for the completion of the project? The project will be done in phases and the estimated time to finish is 4 years about 12 to 15 homes a year.
" Will the Towns consultant provide his opinion based on the information that was presented tonight about recommended remediation?
Banach responded that Mr. Johnson has submitted a previous report and the Town Staff is now discussing the final remediation of the site.
" Concerns with the amount of contamination that is documented towards the Barber Hill Road area of the site, which is the proposed open space area. Concerns with the potential for the project to get held up due to contamination issues in the later phases of the project.
Frederick W. Johnson, LEP with GEI Consultants working for the Town, addressed the Commissioners questions about contamination issues. (See Exhibit V) If the soil does not test clean the developer can't develop it. If the lots are not clean this could potentially hold things up. Time is an asset to the type of remediation that is proposed on this site, the more time that is involved, the better the remediation will be. The most drastic remediation method would be removal of soil; but there is no reason that remediation cannot be accomplished on this site.
" Maskel Road bears the burden of traffic and if the project gets held up in any way all the traffic will be going through Maskel Road without the complete development of the road connecting to Barber Hill Road.
Banach mentioned that the concern about the burden on Maskel Road is something that should be factored in when discussing the final remediation of the site.
" Commissioners felt the need for more discussion about the options to remediate the site as well as the construction traffic impact on Maskel Road.
Evans made a motion to continue the public hearing for the above mentioned application to March 11. Sullivan seconded the motion. The motion carried and the vote was unanimous.
The public hearing was continued to March 11, 2008.
REGULAR MEETING - COUNCIL CHAMBERS
CALL TO ORDER:
Chairman Patrick Kennedy, called the meeting to order.
PUBLIC PARTICIPATION:
None
NEW BUSINESS:
Discussion/Decision/Action regarding the following:
1. Appl 08-04P, Ultimate Edge Limited Performance - request for site plan approval to obtain a DMV general repairer's license for minor repairs (detailing, accessorizing vehicles) for property located at 240 Chapel Road, I zone
Erik Dabrowski, owner of Ultimate Edge Performance presented the application as follows.
The applicant is proposing to expand his services by acquiring a general repair license from the State of Connecticut. The applicant is proposing to upgrade vehicles by installing after-market parts and accessories in order to provide local car dealerships with installation services. No commercial oil changes, transmission fluid changes, painting or engine rebuilds will be offered to customers by Ultimate Edge Performance.
Banach gave the following Planning report.
1. Request for site plan approval for a general repairer's license at 240 Chapel Road, I zone. The applicant currently operates from this location and is looking to expand the services he provides, requiring the motor vehicle license.
2. Examples of the additional services proposed include: car diagnostics; installation of air intake systems that improve a car's fuel efficiency and power output; installation of specialty engine pulley systems and throttle bodies that improve vehicle's efficiency and power output. The applicant is NOT requesting to do any type of oil changes or transmission fluid changes. He does not intend to allow any junk or broken vehicles to be stored on site.
3. Maximum impervious coverage allowed is 65%. The plan reflects impervious coverage of 63.3%. Lot size is 25,500 sq ft; minimum lot size required is 20,000 sq ft. Frontage is 172 feet; minimum required is 100 feet. Front yard setback is 46 feet feet, 35 feet required.
4. Parking requirements for industrial uses are 1 space for 700 sq ft, or 9 spaces. Ten spaces are provided with additional parking in the gravel parking area, if needed.
5. There is a loading dock on the east side of the building.
6. The site is served by public water and sewer. The applicant has indicated that there will be neither floor drains in the building nor any discharges in the sanitary sewer system. WPCA approval is not required.
7. There are no dumpsters proposed. If the applicant does need a dumpster, it will need to be on a concrete pad and screened.
8. If this project is approved, the Planning Dept. requests no modifications.
Doolittle had no comments on this application.
Commissioners had questions.
" Commissioners questioned if Staff keeps track of the different sites and what they promised to do on each site.
Banach responded that Staff is required to sign off on the repairs license and they will only do so if all conditions are met by the applicant.
Kennedy appointed Wilson to sit for Moriarty.
Evans made a motion to approve the above mentioned application with conditions.
1. All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
2. This approval does not constitute approval of the sanitary sewer, which can only be granted by the Water Pollution Control Authority.
3. The building street number must be included on the final plan.
4. Pavement markings must be maintained in good condition throughout the site drives and parking areas.
5. All free standing signs and/or building signs require the issuance of a sign permit before they are erected.
6. This approval is for a general repairer's license but does not include oil changes or transmission fluid changes, painting or engine rebuilds. Additional Commission approval is required if these uses are requested.
Sullivan seconded the motion. The motion carried and the vote was unanimous.
2. Appl 08-09P, Maneeley's Real Estate LLC - request for site plan approval for construction of a 7,100 sf industrial building on property located at 136 Commerce Way, I zone
Timothy Coon, Engineer with J.R. Russo & Associates presented the application as follows. The applicant is proposing an industrial building on 136 Commerce Way. The building will be made of stone with vinyl siding. The parking will be in the front of the building and will consist of 13 spaces. The dumpster will be screened. The monument sign meets all zoning regulations. The site will be serviced by public water. This application requires WPCA approval, and it meets all the requirements for a site plan.
Banach gave the following Planning report.
1. Request for site plan approval for an industrial building at 136 Commerce Way, I zone. The proposal is for 1,680 sf of office and 5,400 sf of warehouse. Maximum impervious coverage allowed is 65%, 60.3% proposed. Proposed building height is 25 feet; 40 feet allowed. Lot size is 30,000 sq ft; minimum lot size when this subdivision was created was 20,000 sq ft (1/2 acre). Frontage is 100 feet; minimum allowed is 100 ft. Front yard setback is 80 feet, 50 feet required.
2. The lots on both sides are developed; there is an existing access drive from Commerce Way through to the Maneeley's Banquet Facility through an exiting access easement. This plan will eliminate that easement as the properties are both under the same ownership.
3. The general parking requirement for the site is 13 spaces. The applicant has shown 10 spaces and 3 reserve spaces.
4. Architectural and Design Review Committee reviewed this proposal on February 7. They were pleased with the design and colors.
5. Site lighting will consist of full cut-off wal-pak lights on the building.
6. A monument sign with a stone base is proposed at the site entrance.
7. There are no regulated wetlands on the site. IWA/CC will be hearing the application for erosion and sediment control measures, but there is no requirement that IWA/CC act first on an E&S plan.
8. The Fire Marshal has reviewed the plans and has no comments.
9. Public water and sewer are available. Water Pollution Control Authority approval is required.
10. There is a dumpster located to the rear of the building, on a concrete pad, screened by the building itself.
11. If this application is approved, the Planning Department requests no other modifications.
Doolittle had no comments on this application.
Sullivan made a motion to approve the above mentioned application with the following standard conditions.
1. Prior to commencement of any site work, a meeting must be held with Town Staff.
2. No building permit will be issued until the final mylars have been filed in the Town Clerk's office.
3. This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission.
4. An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.11 of the Zoning Regulations.
5. A landscape bond in the amount of $5,000 is required and must be submitted prior to filing of mylars.
6. All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
7. This approval does not constitute approval of the sanitary sewer, which can only be granted by the Water Pollution Control Authority.
8. The building street number must be included on the final plan.
9. Pavement markings must be maintained in good condition throughout the site drives and parking areas.
10. A note must be added to the plans that there are no floor drains inside the building or near the garage doors.
Wilson seconded the motion. The motion carried and the vote was unanimous.
OTHER BUSINESS:
None
BONDS: Callings/Reductions/Settings
None
MINUTES: 1/8/08
Commissioners decided to take up the minutes at the next meeting.
ADJOURNMENT:
Sullivan made a motion to adjourn the regular meeting. Sorenson seconded the motion. The motion carried and the vote was unanimous.
The regular meeting was adjourned at 9:45 PM.
Approved
D. Maria Acevedo
Recording Secretary
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