MEMBERS PRESENT: Chairman Patrick Kennedy, David Sorenson, Louise Evans, Mike Sullivan, Mark Abrahamson, Tim Moriarty and Barth Pacekonis
ALTERNATES PRESENT: Daniel Van Horn and Daniel Jeski
STAFF PRESENT: Marcia Banach, Director of Planning
Jeff Doolittle, Town Engineer
PUBLIC HEARING - COUNCIL CHAMBERS
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 Len Jacobs, representing Mannarino Builders gave a brief summary of the application. The site has been reviewed extensively for environmental issues. One of the conditions that the applicant will agree to is that no building permits be granted till the environmental issues are resolved. Another condition that the applicant will agree to is the staff approval of Certificate of Occupancy. The applicant would like to keep the two lots that are located in the south - easterly corner of the site (lots 63, 64). A substantial amount of open space is being donated to the Town to be used as open space. There is a proposed trail and parking area that will be put in the area of the open space by the applicant. The applicant is required to do a lot of work in the open space area and has requested
that the Town not eliminate the two lots.
The Town Staff has no problem with the applicant's request that the open space be turned over to the Town by May of 2010. The applicant has agreed to the condition that no certificates of occupancy will be approved in phase III or IV until the road is built out to Barber Hill Road.
Skip Alford, Professional Engineer with Alford Associates gave an overview of the revised site plan. Open space C at the central potion of the property has been incorporated into the lots, so that there is no open space C. Each of the phases will have an adequate area of open space. Engineering comments were addressed and a buffer of trees was incorporated around the wetlands to reinforce the buffer.
Scott Hesketh, Traffic Engineer with FA Hesketh and Associates reviewed the traffic report. Volume counts were measured to be less than 100 vehicles per day. The level of service will remain at A during the phased build out of the road.
Bob Carr, LEP with Zuvic Associates reviewed the environmental conditions on the site. Phase I has no contamination. Most of the contamination will be at phase III and IV. The soil will be mixed and treated. The estimated time to re-test the soil will be six months after remediation. At phase IV there is relatively deep contamination and one of the options is to plant a tall grass that will help to process and break down the pesticides. It is very time consuming. At the end of each growing season samples will be taken to test the soil in this area.
Frederick W. Johnson, LEP with GEI Consultants hired by the Town, had the following update. GEI consultants have reviewed the remediation plan submitted by the applicant and it seems like a reasonable plan. There is always some type of risk associated with the treatment of contaminated soil. The developer and the consultant have done a reasonable job in assessing the site and the attention has to be put on the building lots, since that is where people will eventually reside and the impact is the greatest. Johnson recommended to the Town Staff that the approvals should be given contingent on the soil testing. The approval conditions should be set to hold the developer accountable for each phase of the project.
Banach gave the following Planning report.
1. New information received since previous hearing; Commissioners have copies of all items.
a. Town Council resolution indicating that on March 3, 2008, the council expressed its willingness to accept open space parcels A, B, D and E at such time as Mannarino Builders has complied with all PZC approval conditions and has remediated the property to the satisfaction of the PZC, Director of Planning, and Town Council.
b. An addendum to the traffic report prepared by Scott Hesketh, P.E., indicating that the intersection of Abbe Rd and Garnet Lane would still operate at a LOS A if the new subdivision road was never extended through to Barber Hill Road yet all houses were constructed and occupied.
c. A remedial action plan prepared by Zuvic Associates, Inc.
2. Information that did not receive attention at the February 26 public hearing but needs to be discussed: memo from Karl Reichle, Tree Warden, regarding preservation and protection of a 48" specimen White Oak tree. Mr. Reichle preferred that the tree become publicly-owned so that it could be preserved and protected by the Town. The tree is shown on Lot 18, which is not in the vicinity of any of the future open space.
3. Staff-recommended approval modifications include suggestions for handling several of the issues raised at the previous public hearing, including:
a. The subdivision will be constructed in phases as shown on the approved subdivision plan. No building permits will be issued in subsequent phases until two-thirds of the houses in the previous phase are completed and have certificates of occupancy.
b. Fraser Fir Road must be completed, with base course of pavement, through to Barber Hill Road prior to issuance of any building permits for Phases 3 and 4.
c. Prior to issuance of the first building permit in any phase, contaminated soil within that phase must be remediated to meet the CT Dept of Environmental Protection Remediation Standard Regulations (RSR) residential direct exposure criteria (ResDEC) for pesticides and herbicides; and test results must be supplied to Town staff for review and acceptance. Land designated as open space within each phase must also be remediated to meet RSR standards as demonstrated by test results prior to acceptance by the Town.
d. A waiver of time is hereby granted to May 31, 2010, for the conveyance of the open space A to the Town of South Windsor to allow for harvesting of remaining Christmas trees. Open space in each of the remaining three phases must be conveyed to the Town within 12 months of the issuance of the first building permit in each phase as required in the subdivision regulations.
e. Areas where trees are harvested in winter 2008 must be stabilized in spring 2009. Harvesting of trees must be carefully scheduled so that trees are harvested first in areas abutting houses that are occupied or will be occupied in the near future.
f. The staff recommendations included in the memorandum from the Director of Planning and the Director of Public Works to the Town Manager dated February 4, 2008, must be completed prior to the conveyance of open space parcels to the Town. The trail in Open Space A must be constructed prior to issuance of the first Certificate of Occupancy.
g. The developer will work with the South Windsor Tree Warden to protect and preserve the 48" diameter specimen White Oak tree during construction.
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 Dickinson, 19 Birch Road, mentioned that sidewalks should be added to provide walking areas for residents.
Ed Murphy, 160 Maskel Road, had concerns with the potentially hazardous waste and the phases that the project would be built in. The traffic analysis does not address the safety issues that the increased volume of construction traffic could cause. Is it possible for the developer to create an access road to alleviate traffic during the construction phases?
Bob Spooner, 248 Maskel Road, had concern with water running into his basement, and the potential for runoff to get worse with the construction.
Barbara Daniels, 96 Maskel Road, spoke in opposition to the project. Her concerns centered on the traffic and dirt that would be stirred up from the construction site. She wanted to know if any barriers would be put up during construction. Will there be any trees planted to block the view from the site to her home?
Rick Daniels, 96 Maskel Road, spoke in opposition to the project. His concerns centered on the swale which is a buffer between the development and his property and how that will be addressed. He was also concerned with how the construction would affect the wells in the area.
Ralph Pelletier, 120 Maskel Road, had concerns centered on traffic coming on Maskel Road during construction, the safety of the pedestrians and the impact on the neighborhood.
Hank Cullivero, 101 Maskel Road, concerns with the safety issues with the traffic, the road not being finished before Phase II is started and the stress that the construction traffic will put on Maskel Road.
Letters were read into the record. (Exhibit I & II)
Commissioners had questions and concerns. Replies will be in italics.
" Concerns with the possibility of the last phase not being finished and the road not being completed
" Clarification needed on the contamination on site and the report that indicates how the soil will be tested.
Frederick W. Johnson, LEP with GEI Consultants working for the Town, addressed the Commissioners questions about contamination issues. The remediation standards apply to certain sites. The Connecticut Remediation Standards can be used as a guide by the Town to deal with the remediation of farm land that is contaminated. The State does not have set remediation standards for contaminated farmland. Samples were taken from the soil and tested based on where the contamination was believed to be the greatest.
" Commissioners questioned, what would be the likelihood that the proposed remediation will work.
" Once the remediation is complete will more testing be done on site?
Frederick W. Johnson, LEP with GEI Consultants, responded that there's a good probability or at least a 70% chance that the proposed remediation will work. There was another area in Town that utilized the same type of mitigation which requires the mixing of soil and they achieved good results. There are other options that can be taken to remediate the site such as burying of impacted soils under structures to prevent human contact. It is recommended that the site be re-tested before any homes are built.
" Residents voiced their concerns about the water that will be coming down the hill possibly from Open Space A, How will the water be kept out of those properties?
Skip Alford, Alford Associates, responded that currently the land is tilled with the slope and the water goes down to the bottom of the hill. The applicant will get rid of the channels and put some plantings in that will hold the water and prevent it from coming down the hill. This plan was already discussed with the Wetlands Commission and has been approved.
The public hearing closed at 11:00 PM.
" Commissioners greed that construction traffic should go up the Barber Hill entrance to alleviate some of the construction traffic from putting stress on the Maskel Road neighborhood.
" Are there any plans to build soccer fields?
Skip Alford responded that there are no plans to build soccer fields since the property is not flat.
" How will the open space be marked and what intervals will be used?
Doolittle responded that the Town puts markers on trees at the Town's discretion to let residents know where the open space starts and where the private property ends
" Will there be any more testing done after the phases begin?
Banach responded that when the time comes the town will hire a specialist to interpret the soil testing.
" Will the grass be harvested and how will it be disposed of?
Bob Carr, Zuvic Associates, responded that the grass will not be harvested because the roots have bacteria that will break down the pesticides. The grass can be left on the site and will not have any harmful effects.
" Concerns with the Town taking responsibility for a tree that is on private property.
Banach responded that her report indicated that the Town could merely protect the tree during construction, not necessarily take ownership.
" Will the swale behind lot number 4 stay at its current location?
Skip Alford, Alford Associates, responded that the swale will stay at its current location.
" How many residents have well water, and can any conditions be placed to take care of any future problems that the wells would incur due to the construction.
Fred Johnson, GEI Consultants, responded that one of the earlier tests looked at the potential risk of contaminated soil leaking into the ground water or human exposure. The leaching tests were done and the samples taken came back negative for pesticides. The pesticides are designed to stay on the top soil to take care of insects. The tests done on the Dzen site did not show a potential for leaching. If there were any impacts on the wells it would already be evident since pesticides have been used for farming for many years on the Dzen property.
" Concerns with drainage issues, clarification on what will be done to protect the new houses that are built.
Skip Alford, Alford Associates responded that one of the wetlands officer's comments addressed those concerns and some of the drains will be extended to the back of the property.
" Concerns with the proposed phasing of the project and the potential of small children being exposed to harmful chemicals.
Fred Johnson responded that the risk for exposure is already there. If children trespass on to un-remediated areas there's a risk of exposure.
" Concerns with the areas that the Town will take as open space.
Fred Johnson responded that there is more concern with the area that would be populated. The area around the pond is relatively free of pesticides; there are higher impacts toward the lots near the road. A company called REMA also did testing and found minimal contamination around the pond.
" Is there anything that binds the builder to complete this project?
Rob Mannarino, Mannarino Builders responded that the open space will be bonded and it is in the best interest of the builder to get the project completed as soon as possible. The builder is incurring many expenses and the open space will be turned over to the Town after 30 months.
" If lots 63 and 64 were to be relocated, where would the applicant put them?
Len Jacobs responded that the applicant would have to decrease the size of all the lots in order to relocate the two lots. The applicant does not to wish to relocate lots 63 and 64.
Kennedy granted the applicant a brief recess.
Kennedy called the meeting to order.
Attorney Len Jacobs, representing the applicant discussed the matter with his client and found that the applicant cannot accommodate all the commission members' requests. Putting in an access road would mean that the applicant would have to put in a sewer connection and a financial institution will not finance the building of a road if no homes are being sold. This puts a burden on the applicant. If the applicant used the dirt road for construction workers it would create a mess when it rains and the road would become muddy. If the commission denied the open space subdivision the applicant would have to re-submit an application for a conventional subdivision. The remediation will not cost more that the sale of a lot or two, the experts hired by the Town have confirmed that the applicant has a good remediation
plan. The applicant has gone above and beyond to have the site tested and has followed all of the Town Staff recommendations. If this application is not approved the contamination will remain on the site.
" Commissioners suggested that once phase I is completed that no more construction vehicles go through Maskel Road. At the start of phase II the construction vehicles could get re-routed through Barber Hill Road.
Rob Mannarino, Mannarino Builders responded that re-routing construction traffic through Barber Hill Road will bring another set of problems. After phase II is complete there shouldn't be any problems with re-routing the construction traffic through Barber Hill Road.
The hearing closed at 11:00 PM.
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 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
Commissioners discussed the possible removal of lots 63 and 64 and how that would affect the subdivision. Some commissioners felt that the removal of the lots would make it a better open space subdivision. Other commissioners would rather see a decent size lot instead of more open space. Commissioners had concerns with access out of Barber Hill Road.
Kennedy mentioned that any decision could be amended on specific issues.
Pacekonis made a motion to approve the above mentioned application with conditions.
1. This approval is for 64 lots, numbered 1-64.
2. Concrete sidewalks, built to Town specifications, shall be installed on both sides of all new streets.
3. Drainage and construction for this subdivision is subject to the approval of the Town Engineer.
4. All lots shall be serviced by the Town of South Windsor sanitary sewer system and are subject to the approval of the Water Pollution Control Authority.
5. Water shall be supplied to this subdivision by public water.
6. Street lighting shall be installed on streets, at intersections, and on cul-de-sacs in accordance with the policy established by the Chief of Police. Street lighting is to be coordinated with the Chief of Police (copy enclosed).
7. Street names and locations of fire hydrants are subject to the approval of the Fire Marshal of the Town of South Windsor. Street names and supporting posts shall be installed by the developer in conformance with the standards of the Town of South Windsor, at no expense to the Town.
8. A liability insurance policy shall be submitted to this Commission naming the Town of South Windsor as an insured, with a combined single limit for bodily injury and/or property damage in the amount of $1,000,000.
9. This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission, including bonds in the amount of $50,000 for compliance with erosion and sediment control measures, $20,000 for mitigation, and $50,000 for storm water structures.
10. Trees within the street trees easement and any other trees on land that is currently or will in the future become Town-owned land are to be planted in accordance with the enclosed Tree Planting Specifications.
11. Prior to commencement of any site work, a preconstruction meeting must be held with Town Staff.
12. All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
13. All easements for conservation purposes, drainage or utilities, that may be required in connection with the approval of this subdivision, must be submitted on standard Town easement form where appropriate, to this Commission prior to filing the mylars and issuance of building permits. All deeds for open space, public improvements and roadways must be submitted prior to request for Town acceptance; all deeds must be in accordance with the policy for accepting deeds and must be approved by the Engineering Department and Town Attorney.
14. Footing drains are required for each house. Prior to the building of any structure on a lot, a topographic map, drawn to a scale of 1" = 40', shall be submitted for each lot in the subdivision, showing proposed contours, elevations and the location of the footing drains. No building permits will be issued until the proposed contours, floor elevations and location of footing drains have been approved by the Town Engineer.
15. If, for any reason, finished grading and other individual lot site work is not completed, the Town Engineer shall determine the amount of a cash bond to ensure final grading and site work. This cash bond must be submitted prior to issuance of a Certificate of Occupancy.
16. Quantity estimates must be submitted to the Town Engineer (on the enclosed form) for the purpose of determining subdivision bonding. All bonds shall conform to the enclosed bond policy and shall be posted prior to filing the final plans in the Town Clerk's office.
17. If the developer chooses to submit a Letter of Credit for a one year term, said Letter of Credit must be renewed on a yearly basis until completion of the development. If a new Letter of Credit has not been received within 30 days before the expiration date, the Commission may, at its option, call the Letter it is holding.
18. A drainage assessment fee in the amount of $3200 shall be submitted to this Commission.
19. No building permits will be issued until all modifications have been complied with, and the final plans have been filed in the Town Clerk's office.
20. The Town Engineer's review comments dated March 11, 2008, must be addressed to the Town Engineer's satisfaction.
21. The subdivision will be constructed in phases as shown on the approved subdivision plan. No building permits will be issued in subsequent phases until two-thirds of the houses in the previous phase are completed and have certificates of occupancy.
22. Fraser Fir Road must be completed, with base course of pavement, through to Barber Hill Road prior to issuance of any building permits for Phases 3 and 4.
23. Prior to issuance of the first building permit in any phase, contaminated soil within that phase must be remediated to meet the CT Dept of Environmental Protection Remediation Standard Regulations (RSR) residential direct exposure criteria (ResDEC) for pesticides, herbicides and arsenic; and test results must be supplied to Town staff for review and acceptance. Land designated as open space must also be remediated to meet RSR standards as demonstrated by test results prior to acceptance by the Town.
24. A waiver of time is hereby granted to May 31, 2010, for the conveyance of the open space A to the Town of South Windsor to allow for harvesting of remaining Christmas trees. Open space in each of the remaining three phases must be conveyed to the Town within 12 months of the issuance of the first building permit in each phase as required in the subdivision regulations.
25. Areas where trees are harvested in winter 2008 must be stabilized in spring 2009. Harvesting of trees must be carefully scheduled so that trees are harvested first in areas abutting houses that are occupied or will be occupied in the near future.
26. The staff recommendations included in the memorandum from the Director of Planning and the Director of Public Works to the Town Manager dated February 4, 2008, must be completed prior to the conveyance of open space parcels to the Town. The trail in Open Space A must be constructed prior to issuance of the first Certificate of Occupancy.
27. The developer will work with the South Windsor Tree Warden to protect and preserve the 48" diameter specimen White Oak tree during construction.
28. The open space boundaries must be marked with open space metal property markers provided by the Town, to the satisfaction of the Environmental Planner.
29. Heavy construction vehicles must access the site from Barber Hill Road. When the binder course of pavement is complete to Barber Hill Road, construction vehicles will access the site from Barber Hill Road.
Evans seconded the motion.
Sullivan moved to propose an amendment to remove lots 63 and 64. Sorenson seconded the motion. The motion carried 4-3. Sullivan, Pacekonis, Sorenson and Abrahamson voted in favor of the amendment and Kennedy, Evans, and Moriarty voted against it. The amendment passed.
The original motion carried 7-0.
OTHER BUSINESS:
None
BONDS: Callings/Reductions/Settings
None
MINUTES: 1/8/08
The minutes were accepted with consensus.
ADJOURNMENT:
Pacekonis 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 11:45 PM.
Approved
D. Maria Acevedo
Recording Secretary
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