MEMBERS PRESENT: Chairman Patrick Kennedy, David Sorenson, Bart Pacekonis, Timothy Moriarty, Louise Evans, Mark Abrahamson and Mike Sullivan
ALTERNATES PRESENT: Dan Van Horn, Daniel Jeski and Viney Wilson
STAFF PRESENT: Marcia Banach Director of Planning
Jeff Doolittle Town Engineer
PUBLIC HEARING - COUNCIL CHAMBERS
1. Appl. 08-21P, Cohen Minor Subdivision - request for a three lot subdivision 13.3 acres to create two new lots, located on the westerly side of Main Street, 575+/- feet northerly of the East Hartford town line (99 Main Street), A-40 and FP zone
Jim Cassidy, Pearson and Cassidy Engineering presented the application. The applicant is proposing to subdivide the property located at 99 Main Street to create 2 new lots. The property consists of 13.3 acres and it's zoned A-40. The property is located on the westerly side of Main Street and it has 161 ft of frontage in front of the existing house. There are some existing structures on the property; a 2 story residential home and three barns and a green house located to the rear of the property. There is an existing gravel driveway that services the house and goes back in between the barns. There are wetlands on the westerly boundary and the northerly boundary is the center of the Podunk River. The back portion of the property beyond the meadow drops off to elevation 12 and this area has wetlands and it is also
a flood plain. The majority of the property is in the 100 year flood plain. The 100 year flood elevation on the site is 31. The entire frontage on Main Street is in the 100 year flood plain and the flood line cuts in through the property in a southerly direction. The property will be subdivided to create lot 79 that will contain the existing house and barns, a lot will be created around that house consisting of 71,000 sq ft all zoning requirements will be met. The two new building lots will be frontage lots, lot 79-1 will consist of 3.96 acres and lot 79-2 would be 8.46 acres. Since the frontage is occupied by the wetlands that surround the Podunk River as well as the steep slopes the new lots cannot be accessed that way. The applicant is proposing to use the remaining frontage of the existing house to provide a 20 ft wide common driveway and utility easement to provide access to the two new lots. The existing house is serviced by public
water. The applicant is proposing to extend individual water service lines to the houses. The site does not have public sewers therefore the proposed houses will be on septic system.
Banach gave a planning report.
1. Request for approval of a resubdivision to create 2 new conventional lots on the westerly side of Main Street, northerly of the South Windsor/East Hartford town line, A-40 zone and 100 year floodplain zone. The applicant is also proposing to create a conforming house lot including the existing house at 99 Main Street. The site size is 13.34 acres.
2. Minimum lot size required in the A-40 zone is 40,000 sf. The new lots proposed are 3.9 and 8.4 acres. Lot frontage requirement is 150 feet. Both lots meet the frontage requirement along Main Street, however, there will be an 18' shared access drive along the northerly property boundary of 99 Main Street that serves both new lots.
3. One note regarding the proposed drive is that the first 215+ feet of drive is below the 100 year floodplain level elevation of 31. We have discussed with the applicant's engineer the provision of an easement for emergency travel across the southern portion of 99 Main Street, which is above the flood elevation. In any event, Main Street in this area is below the 31 elevation (which is the 100 year floodplain).
4. There is a significant amount of regulated wetlands on the property as well as 100 year floodplain. The application was approved by the IWA/CC on June 4 with no bonds and no unusual approval conditions.
5. The site will be serviced by public water and septic systems. The Town Sanitarian has reviewed the plan and has indicated that septic systems should be feasible on both lots.
6. There is an existing tree hedge along the proposed lot frontages, and the houses will be set back a minimum of 400 + feet because of the wetlands and floodplain.
7. There are neither street trees nor open space required for this subdivision.
8. The Fire Marshal has reviewed the plans and is satisfied with the driveways as designed.
9. This property is approx. 900+ feet from the East Hartford Town line. We sent a notice to East Hartford and CRCOG regarding the application. CRCOG response stated: "The staff of the Regional Planning Commission of the Capitol region Council of Governments has reviewed this referral and finds no apparent conflict with regional plans and policies or the concerns of neighboring towns.
10. If this application is approved, the Planning Dept requests no additional approval modifications except as already noted.
Doolittle gave an engineering report.
1. The driveway needs to meet the Town standards as follows:
a. The proposed driveway needs to be paved for at least the shared portion.
b. The proposed driveway needs to have a cross slope to allow surface runoff to drain to the field to the northeast before it gets to property at #115 Main Street or the road.
c. The turn-around by both proposed houses needs to be moved away from the houses and made larger so a fire truck can turn around there.
d. The proposed driveway slope needs to be lower than 5% before each house so there is a flatter area to park and unload cars in front of each garage.
2. The part of the driveway that goes through the 100 year flood zone will be submerged by about 1 foot of water during a major flood. How will these houses be accessed if there is a major flood?
3. Will the split rail fence and gate along the proposed driveway remain or be relocated?
4. Show the driveway for house #115 as it appears to be close to the proposed driveway.
5. Consider using the end of the existing driveway for #99 as the shared driveway.
There was no public participation.
Commissioners had comments and concerns. Responses will be in italics.
" In flood conditions can emergency vehicles enter the site?
The applicant responded that currently emergency vehicles cannot be accommodated through the main access way during a flood.
Doolittle mentioned that Town Staff recommends that the road be improved to accommodate emergency vehicles.
" In the past the elevations that were given have been covered by water, how will a person be able to exit the site in an emergency situation during a flood?
The applicant responded that a secondary exit road will be provided for an emergency situation.
" Commissioners asked if flood insurance was required by FEMA on this property.
Commissioner Moriarty mentioned that if any part of the property is within the flood zone the mortgage lender will require flood insurance.
The public hearing closed at 7:55 PM.
REGULAR MEETING - MADDEN ROOM
CALL TO ORDER:
Chairman Patrick Kennedy called the meeting to order.
PUBLIC PARTICIPATION:
NEW BUSINESS:
Discussion/Decision/Action regarding the following:
1. Appl 08-21P, Cohen Minor Subdivision - request for a three lot subdivision 13.3 acres to create two new lots, located on the westerly side of Main Street, 575+/- feet northerly of the East Hartford town line (99 Main Street), A-40 and FP zone
Commissioners discussed the application.
" Commissioners had concerns with creating lots that are in flood zones
" Commissioner Kennedy mentioned that the Commission cannot deny an applicant the right to subdivide their property just as long as they have another exit to the property and are properly insured.
Abrahamson made a motion to approve the above mentioned application with the following conditions.
1. This approval is for 2 lots, numbered 79-1 and 79-2.
2. Drainage and construction for this subdivision is subject to the approval of the Town Engineer.
3. Water shall be supplied to this subdivision by public water.
4. 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.
5. 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.
6. This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission.
7. All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
8. 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.
9. 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.
10. Septic system and/or private well final design(s) must be submitted to and approved by the Environmental Health Officer prior to filing of mylars and issuance of building permits.
11. 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.
12. 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.
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.
13. A drainage assessment fee in the amount of $100.00 shall be submitted to this Commission.
14. The Town Engineer's review comments dated 6/10/08 must be addressed to the Town Engineer's satisfaction.
15. 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.
16. Provision must be made to accommodate emergency access from the new lots to Main Street in the event of a 100 year flood.
Moriarty seconded the motion. The motion carried 5-2. The vote was as follows Kennedy, Pacekonis, Sorenson, Abrahamson, and Moriarty voted to approve the application and Sullivan and Evans voted against it.
2. CGS8-24- Town Council referral regarding the purchase of a 26.5 acre parcel located at 765 Sullivan Avenue.
Matt Galligan, Town Manager gave a brief summary as follows. The fire house needs another location. Town Council is proposing to purchase the lot located at 765 Sullivan Ave for the new fire house and use the rest of the land as open space and possibly connect to Michael Donnelly Preserve in the future. The Council is looking for input from Planning and Zoning in order to go forward.
Tim Shepard, 585 Main Street spoke against the referral. He was concerned with how the Open Space funds are being utilized.
Commissioners had comments and concerns.
" Commissioners voiced concerns about not having enough information to make a favorable recommendation and asked if they could do their own research before making a decision.
" Concerns with the cost of purchasing the property
" Concerns with using property that was considered undesirable to the Open Space Task Force as open space
" Concerns with using Open Space funds to fund the fire house and using commercial land as open space.
" Commissioners needed more information about the site itself and questioned if it was properly tested to avoid any future conflicts with regards to wildlife or plant species.
Kennedy mentioned that the 8-24 statute does not give any parameters regarding which information the commission should consider when making a decision. Also the Open Space Task Force was neutral on the land and felt that it may be neither desirable nor undesirable to be used as open space. A question the commission must ask itself is; would we be trying to acquire this land as open space if it were not for the fire house? The commission is acting legislatively in this matter, if the commission gives an unfavorable recommendation, the reason will have to be stated.
Pacekonis made a motion to make an unfavorable recommendation to the Council regarding the above mentioned matter for the following reasons;
" The property is located in a commercial zone and would thus be converting a portion of the income-producing commercial land into non-income-producing open space;
" The amount of property being considered and potential uses do not meet the Town's needs from a planning perspective;
" The buildable portion of the site is farmland, and there is no information regarding the environmental conditions /possible pollution or information regarding the presence or absence of endangered species.
Moriarty seconded the motion. The motion carried 5-1 with 1 abstaining. The vote was as follows Kennedy, Sullivan, Pacekonis, Evans and Moriarty voted in favor of the motion. Sorenson voted against the motion and Abrahamson abstained from voting.
3. CGS8-24- Town Council referral regarding improvements to Town streets, bridges, culverts, drainage and sewerage systems.
Jeff Doolittle, Town Engineer gave a report regarding the above mentioned referral. Two years ago there was a 10 million dollar referendum passed for the improvement of Town roads and bridges. Any improvements to streets, bridges, culverts and drainage systems have to be brought to the PZC for approval. The first projects will be Felt Road Bridge over Farm Brook which has been approved by the IWC/CC and is in permitting with DEP, when it gets approved the improvement will begin. Deming Street widening from Calvary Church to Grandview Terrace which is in design stages at this time. Another project is the Graham Road culvert replacement north of Ayers Road which has been designed and has also been approved by IWA/CC and does not require any other improvements. The drainage improvements on Avery Street have also been
approved by IWA/CC and are ready to go to bid. The Nevers Road drainage improvements and reconstruction by Hayes Road is being designed and will be completed soon. The Engineering Department is looking for a favorable recommendation to begin the work.
Evans made a motion to give a favorable recommendation to the Council regarding the above mentioned item. Pacekonis seconded the motion. The motion carried and the vote was unanimous.
4. CGS8-24- Town Council referral regarding the open space conservation easements for properties located on the corner of Sullivan Ave and Route 5.
Matt Galligan, Town Manager gave a brief summary as follows. It is in the Towns best interest to acquire development rights to 10.5 acres of land with a conservation easement so that no other development occurs on that land. By having the rights to this land the Town can preserve its history and prevent undesirable businesses from being developed in that area.
Evans made a motion to give a favorable recommendation to the Town Council regarding the above mentioned item. Sullivan seconded the motion. The motion carried and the vote was unanimous.
5. CGS8-24- Town Council referral regarding the installation of synthetic turf on the two multi-purpose fields and the stadium fields at South Windsor High School.
The above mentioned item was withdrawn.
BONDS:
Evans made a motion to set the subdivision bond at $ 1,787,900 for Appl. 06-69, Dzen Subdivision, Phase I. Pacekonis seconded the motion. The motion carried and the vote was unanimous.
Commissioners needed clarification on what the bond would cover if the project was not completed in the future.
Doolittle responded that if the developer failed to complete the project in the future the Town would have enough money for phase I only, and whoever purchased the property would continue the improvements.
OTHER BUSINESS:
Commissioners asked what the status was on the Down East Associates application. Commissioners had concerns with the fact that the applicant has not come forward and a year has passed since the initial submittal of the application.
Kennedy mentioned that the applicant is preserving their rights by resubmitting the application over and over again until they submit a viable plan.
MINUTES:
N/A
ADJOURNMENT:
Pacekonis made a motion to adjourn the regular meeting. Moriarty seconded the motion. The motion carried and the vote was unanimous.
The regular meeting was adjourned at 9:15 PM.
APPROVED ON 8-19-08
D. Maria Acevedo
Recording Secretary
| 
