SOUTHBURY PLANNING COMMISSION

 

REGULAR MEETING

May 20, 2008

Subject to Approval

 

 

The Southbury Planning Commission held their regular meeting on Tuesday, May 20, 2008 at 7:30 p.m., in Room 205 of the Town Hall.

 

PRESENT:     H. William Davis, Chairman                   ABSENT:  Dan Doherty, Alternate

                   Edward Gore, Vice Chairman                      Bob Tendler, Alternate

                   Gail DePietro, Secretary                                  (arrived 8:04 p.m.)

                   Donald Antilla

                   Donald Cole

                   Nancy Clark

                   Edward Hatfield, Alternate

                  

 

Also Present: DeLoris Curtis, AICP, Land Use Administrator, Other Interested Parties and the press.

 

Chairman Davis called the meeting to order at 7:30 p.m.

 

PUBLIC HEARING:

 

Hollow Swamp Estates Subdivision - Hollow Swamp Road (continuation):

 

Chairman Davis noted that this is a continuation of a public hearing.

 

Gary Giordano, Professional Engineer & Land Surveyor representing this application for a 3 lot subdivision gave an update and overview of the changes that were made as a result of the last meeting.  The open space percentage calculations, identification of trees over 20 inches in diameter, increase of the common driveway to 15 feet and the proposed retaining walls for lots 1A and 1B were reviewed.  Mr. Giordano also addressed comments outlined in a memorandum received from Public Works Director, Tom Crowe dated May 14,  2008.

 

Mr. Giordano requested on behalf of the applicant the public hearing remain open and be continued while they await Pomperaug District Department of Health approval.

 

Chairman Davis opened the public hearing to the floor for comment.

 

Bernice Scoville, Hollow Swamp Road raised concerns and questions regarding the pipe line property (Algonquin Gas) that is adjacent to her property if blasting is necessary.  She has spoken with the gas company and they must be notified prior to any blasting takes place.

 

Mr. Giordano assured Mrs. Scoville that the Fire Marshal must be contacted and there are precautions in place that he will take regarding any blasting that will occur.

 

In addition, Mrs. Scoville suggested that a note should be placed on the record map to indicate that all of the surrounding properties to this proposed subdivision is in a industrial zone, so that when people go to purchase these lots they will know that this area could be developed as industrial.

 

Next, Carol Winship, Main Street South questioned the adequacy of measures to prevent runoff from the lot on Hollow Swamp Road impacting her hay lot and farm pond.  She expressed grave concerns with the close proximity of the septic system as well as, any potential lawn care pesticide runoff, as this all runs downhill.

 

Mr. Giordano responded that this is a zero increase design, there is a crown in the road, ground infiltration, as well as a swale.  The Town consulting engineer has reviewed all of the measures proposed. 

 

Kippi LaBlanc, Hollow Swamp Road also expressed concerns with run off on to her property, more specifically impact on their pond.  In addition, Mrs. LeBlanc questioned Mr. Giordano where the "edge of the road" measurement is taken from in relation to the centerline of the common driveway.  A brief discussion took place with regard to these measurements.

 

Ron LaBlanc, Hollow Swamp Road wished to state for the record that the road does flood on Hollow Swamp.

 

Next, Mrs. Scoville noted that the retaining walls were not approved by Inland Wetlands and asked how that will be addressed.

 

Mr. Giordano stated that once the detailed plans have been approved then they need to go back to Inland Wetlands for review.  To which both Mrs. LeBlanc and Mrs. Scoville questioned when that would happen and if the adjacent property owners would be notified, as they were not notified of the previous Inland Wetlands meetings.

 

Mrs. Curtis responded that she is not sure that it would go back to the full Inland Wetlands Commission or if it would only need to be reviewed by staff.  She read that part of their Resolution with regard to the retaining walls.

 

Then members of the commission questioned Mr. Giordano on comments supplied by Tom Daly, Milone & MacBroom.  It was clarified that Mr. Daly no longer has those concerns, as they have all been addressed.

 

Mrs. Curtis asked what the useable area behind the houses would be with the proposed retaining walls and if the houses would be relocated.  Mr. Giordano responded that the there would be a 15 foot space between the house and the retaining wall and that the houses would not be relocated.

 

Mr. Antilla had a discussion with Mr. Giordano with regard to the details of the retaining walls.  Mr. Giordano suggested that it be made a requirement that the walls be designed by a professional engineer.

 

Kippi LeBlanc, Hollow Swamp Road asked what measures would be used during construction to prevent runoff. Mr. Giordano stated that turf mats would be in place for more than 6 months, in addition to hay bales, swales and stonewalls to further prevent erosion.

 

Mrs. Curtis read a letter received from the Fire Marshal into the record with regard to the turnaround.

 

In addition, Mrs. Curtis reported that she had spoken both with Mr. Crowe & Mr. Metcalf and they indicated to her that they are not aware of any reports of flooding on Hollow Swamp Road. Mrs. Curtis suggested to the residents that if flooding occurs they should perhaps put it in writing to the highway department.

 

A 65 day extension was granted by the applicant.

 

Chairman Davis announced that this public hearing is continued to June 17, 2008 at 7:30 p.m. in Room 205 of the Town Hall.

 

UNFINISHED BUSINESS:

 

Hollow Swamp Estates Subdivision - Hollow Swamp Road:

 

The public hearing remains open, therefore no discussion took place.

 

Site Plan Modifications - Denmo's - 340 & 348 Main Street South:

 

The applicant's representative requested this be carried to June 17, 2008.

 

NEW BUSINESS:

 

Site Plan Modifications - Raveis - Ground Sign - 141 Main Street North:

 

Bob Paterson, William Raveis Real Estate representing this application explained that they would like to install a ground sign with a painted white brick base with the sign above being the same color blue as the building. The sign would be internally lit.  It would not hinder the sight line, and is to be installed in the same location as the previous "stick" sign. 

 

The members asked that the Resolution stipulate that the sign color coordinate with the building and that all lighting be in conformance with the Zoning Regulations, most specifically regarding intensity.

 

Motion by Mr. Antilla; seconded by Ms Clark and passed unanimously to approve Site Plan Modifications - Raveis - Ground Sign - 141 Main Street North, subject to modifications and administrative requirements. A copy of the approving Resolution is attached and made a part of these minutes.

 

Special Exception & Site Plan - Shakespear's Garden (Hay Fever Farm) - South Britain Road:

 

This application for a retail garden center was received and a public hearing scheduled for June 17, 2008.

 

OTHER BUSINESS:

 

Referral from Zoning Commission - PDD #3 - Watermark East Hill Woods - East Hill Rd:

 

Attorney Gail McTaggart, Secor, Cassidy & McPartland with Patrick Rose, AIA, Rose Tiso & Co.,LLP  gave a full presentation of the general plan and text amendment to Planned Development District # 3, The Watermark at East Hill.

 

PDD #3 was approved in 1981 to provide up to 240 dwelling units, a 35 bed nursing care center and common facilities.  In 1994 it was amended to add assisted living units.  Currently there are 164 residential dwelling units and 25 assisted living units (counted as 13 under the PDD) for a total of 177, with a 35 bed nursing center.

 

The proposed amendment would be for the addition of 28 cottage living units (14 duplexes), the Assisted Living Villa with 12-24 units and the restructuring of the four existing buildings with a total population of 212 units.  There does not appear to be any significant impact on the site layout and the overall coverage remains below that permitted. Mr. Rose stated that as many trees as possible will be left untouched.

 

Chairman Davis read a draft letter addressed to the Zoning Commission.

 

Motion by Ms DePietro; seconded by Dr. Gore and passed unanimously to forward a favorable response to the Zoning Commission for approval of General Plan & Text Amendment to PDD #3 The Watermark at East Hill - East Hill Road.

 

Referral from Zoning Commission - Zoning Amendment - Farmer's Market.

 

Chairman Davis read a draft letter addressed to the Zoning Commission.

 

Motion by Mr. Antilla; seconded by Dr. Gore and passed unanimously to forward a favorable response to the Zoning Commission for Proposed Zoning Amendment - Farmer's Markets.

 

Referral from Zoning Commission - Zoning Amendment - Aquifer Protection District #2:

 

Chairman Davis read a draft letter addressed to the Zoning Commission.

 

Motion by Ms DePietro; seconded by Mr. Cole and passed unanimously to forward a favorable response to the Zoning Commission for Zoning Text & Map Amendment - Aquifer Protection District #2.

 

8-24 Referral from Board of Selectmen - Request to Purchase Town Owned Property - Scosta - Peach Orchard - West Flat Hill Road:

 

Chairman Davis read a draft letter addressed to the Board of Selectmen.

 

Motion by Ms DePietro; seconded by Mr. Cole and passed unanimously to forward to the Board of Selectmen a recommendation to deny the Request to Purchase Town Owned Property - Scosta - Peach Orchard - Map 12, Block 2, Lot 11 - West Flat Hill Road.

 

Subdivision Regulation Updates:

 

Section 4 and the Administrative Policies were reviewed with proposed changes to be incorporated and a final draft prepared. 

 

It was decided that a public hearing should be scheduled for June 17, 2008 for the adoption of the revisions to the subdivision regulations.

 

Correspondence, Minutes and Bills:

 

Correspondence was received from Hugh Sullivan addressed to DeLoris Curtis regarding Streetscape.  The members were in agreement with the points that Mr. Sullivan raised concerning the streetscape program along Main Street South.  Mrs. Curtis was asked to draft a letter to the Board of Selectmen with Public Works copied outlining these points of concern.

 

A copy of a letter Mark Cody addressed to Mr. & Mrs. Joseph Bette regarding

434 Main Street South was received.  Mrs. Curtis reported that a letter has also been sent from the Land Use Enforcement Officer regarding stabilizing the site.

The members expressed their disappointment and concern that the streetscape sidewalk along the front of this property has not been installed.  This is the last

section to be completed for the entire length of Main Street South.  After a brief discussion the members instructed Mrs. Curtis to draft a letter to the property owner outlining a completion date of July 1, 2008 for the sidewalk to be completely installed.  If this is not adhered to then the town may have no other option but to lien the property for the cost to have the sidewalk installed.

 

Correspondence was also received from Franz Pielmeier and Nancy Cole.

 

Motion by Ms DePietro; seconded by Mr. Antilla and passed unanimously to approve the following bill as presented:

 

Stuart Somers, PE (P.O. #050687)                  $250.00

Milone & MacBroom (P.O. #050616)               $360.10

 

Motion by Dr. Gore; seconded by Mr. Antilla and passed unanimously to approve the Minutes of April 15, 2008 as presented.

 

There being no further business, the meeting was adjourned at 9:37 p.m.

 

Respectfully submitted,

 

 

____________________

Nancy van Norden

 

 

 

 

SOUTHBURY PLANNING COMMISSION

 

REGULAR MEETING

April 15, 2008

Subject to Approval

 

 

The Southbury Planning Commission held their regular meeting on Tuesday, April 15, 2008 at 7:30 p.m., in Room 205 of the Town Hall.

 

PRESENT:     H. William Davis, Chairman                   ABSENT:   Don Cole

                   Edward Gore, Vice Chairman                                 Dan Doherty, Alternate

                   Gail DePietro, Secretary

                   Donald Antilla

                   Nancy Clark

                   Edward Hatfield, Alternate

                   Bob Tendler, Alternate

 

Also Present:  DeLoris Curtis, AICP, Land Use Administrator, Other Interested Parties and the press.

 

Chairman Davis called the meeting to order at 7:30 p.m. and seated Mr. Tendler.

 

PUBLIC HEARING:

 

Hollow Swamp Estates Subdivision - Hollow Swamp Road:

 

Chairman Davis read the Legal Notice into the minutes.

 

Gary Giordano, Professional Engineer & Land Surveyor representing the applicant, Angelo Makris gave a full presentation of a proposed three lot subdivision on Hollow Swamp Road, South Britain Road and Horse Fence Hill Road.  One lot is proposed on Hollow Swamp Road, with two lots sharing a common driveway off of South Britain Road.  The common driveway is to end in a cul-de-sac to accommodate a fire truck, due to the length of the driveway. In response to a report received earlier in the afternoon from Tom Daly, Milone & MacBroom, Inc., Mr. Giordano said that to meet the requirement of Section 1805 of the Connecticut Building Code they would install retaining walls for the houses situated in areas of steep topography with slopes exceeding 30% and outlined the areas where the retaining walls would be constructed.

 

Further, CT DOT Permit for the curb cut on RT 172, South Britain Road.

 

Chairman Davis read into the record a letter received from Bernice Scoville, dated December 10, 2007.

 

He then opened the hearing to the floor for public comment.  A dialogue between the engineer and the following public participants took place.

 

First, Carol Winship, 970 Main Street South a number of times voiced concerns regarding the steepness of the slopes for the lot on Hollow Swamp Road and the runoff impact the development of this property will have on her hayfield across the street from this lot.  Ms Winship asked for clarification of the number of lots proposed on Hollow Swamp and the location, as she was under the impression that the driveway would be where the old wood road is.  It was noted that the driveway would not be where the old wood road is, as that is on the adjoining property owned by Mr. Pharo. 

 

Next, Kippi LeBlanc, 203 Hollow Swamp Road, adjoining property owner voiced grave concerns with the potential for additional runoff, as there is already a lot of water.  In addition, Mrs. LeBlanc raised concerns regarding traffic, as this is a narrow road that is frequently heavily used when there is a traffic jam on I-84.  It is a challenge now, without the addition of a common driveway at the access onto RT 172, South Britain Road.

 

Bernice Scoville, Hollow Swamp Road stated that she has lived on this road for 43 years, with continual flooding across the road during storms, to the point where the road is closed, and this development will only add to this problem. She also asked if the proposed driveway on Hollow Swamp Road will be asphalt, and how that runoff will be addressed. As it is now the water comes down the mountain onto the road and often times freezes during the night.  Mrs. Scoville further questioned the capacity of the culvert to handle further runoff as it repeatedly backs up and is not cleaned out.

 

Ron LaBlanc, 203 Hollow Swamp Road asked to review the watercourse on the map, as there is a pond on their property and there are concerns with runoff.

 

Ian Pharo, 99 Hollow Swamp Road also voiced concerns with runoff, as this area including his property is saturated most of the spring season.

 

Mr. Giordano answered the questions and concerns and repeatedly stated that these were all issued addressed with the Inland Wetlands Commission.

 

When the residents were asked if they had attended the wetlands meeting when this was before them, they responded that no, they did not, as they were never notified of the meeting and were told to watch the paper for a notice, which did not appear.

 

Mrs. LaBlanc and Mr. Pharo questioned if there would be blasting and if so, what the procedure would be.  To which Mr. Giordano answered that yes, he would assume that there would be blasting and that a pre-blast inspection would be required of homes within a certain distance. The Fire Marshal would be better able to answer questions of procedure for pre-blast inspections. In addition, questions of the construction phasing and soil placement during construction were raised.

 

Mrs. LaBlanc further stated that they have concerns with the placement of the septic system on Lot 1 as they have a shallow (24') well.

 

A resident of Horse Fence Hill Road asked if the proposed open space would ever be built on.

 

Members asked for clarification on the retaining walls; height, length, material and location, as well as, the need for a cul-de-sac on the common driveway and expressed concerns with the size of the backyards, cuts and fills and the sight lines for the driveways.

 

With the number of outstanding issues, it was determined that the public hearing should remain open and be carried to May.  They requested Mr. Giordano to submit details of the proposed retaining walls, mapping of all large trees on the site, open space calculations (dry/wet/slopes) and the length of the common driveway and the requirements from the Fire Marshal.

 

In addition, they requested that the plans be further reviewed by town consultants with regard to the sight lines for the driveways and the culvert on Hollow Swamp Road for any potential problems.

 

Chairman Davis stated for the record that this public hearing is continued to May 20, 2008 at 7:30 p.m. in Room 205 of the Town Hall.

 

UNFINISHED BUSINESS:

 

Hollow Swamp Estates Subdivision - Hollow Swamp Road:

 

The public hearing remains open, therefore no discussion took place.

 

Site Plan Modifications - Heritage Resort & Conference Center - Heritage Road:

 

Chairman Davis read a draft Resolution into the minutes.

 

Motion by Mr. Antilla; seconded by Ms DePietro and passed unanimously to approve Site Plan Modifications - Heritage Resort & Conference Center, Heritage Road, subject to modifications and administrative requirements. A copy of the approving Resolution is attached and made a part of these minutes.

 

NEW BUSINESS:

 

Site Plan Modification - Signage - Union Savings Bank - 385 Main Street South:

 

Herbert Glick, Yush Sign & Display Co., Inc. representing Union Savings Bank presented pictures of the proposed change to the signage on the front of the building from the individual channel letter sign to a single internally illuminated sign cabinet.

 

After discussion, it was evident that the members were not in favor of the proposed change to the sign.  It was decided that the application as submitted would be denied, with the record reflecting that Mr. Glick could proceed with repairing the existing channel letters opaque faces with new translucent day(black) night(white) acrylic faces and repair the internal lighting of same as necessary to be more uniformly lit at night.

 

Mrs. Curtis will draft a Resolution to document the decision.

 

Motion by Mrs. Clark; seconded by Ms DePietro and passed unanimously to deny Site Plan Modifications - Sign Cabinet - Union Savings Bank, 385 Main Street South.

 

Site Plan Modification - Denmo's - 340 & 348 Main Street South:

 

There was no one present to represent this application.

 

Mrs. Curtis explained that Mr. Lucarelli, the owner of 340 and 348 Main Street South has plans for improving the two buildings with new siding, as well as exterior site improvements.  A sample of the proposed "mountain cedar" siding color was shown to the members, who unanimously expressed disapproval.  Under a previous site plan, "dunmore cream" by Benjamin Moore was approved and the commission felt that a similar color should be adhered to.  They were in agreement that "Heritage Cream" on the sample board that was supplied by Mr. Lucarelli was the closest to the approved color.  The rest of this application is carried to May 20, 2008 when someone for this application is present.

 

OTHER BUSINESS:

 

Subdivision Regulation Updates:

 

This is carried to May 20, 2008 awaiting both the build out calculations and review by the highway department.

 

Request for Bond Release - Street Trees - Country Woods Estates - Roxbury Rd:

 

Chairman Davis read a draft letter addressed to the Board of Selectmen into the minutes.

 

Motion by Ms DePietro; seconded by Mr. Tendler and passed unanimously to approve Bond Release - Street Trees - Country Woods Subdivision, Roxbury Road, subject to modifications and administrative requirements.

 

Request for Bond Reduction - Soil Erosion Control & Common Driveway - Summa Subdivision - Old Waterbury Road & Reservoir Road:

 

Chairman Davis read a draft letter addressed to the Board of Selectmen into the minutes.

 

Motion by Mrs. Clark; seconded by Ms DePietro and passed unanimously to approve Bond Reduction - Soil Erosion Control & Common Driveway - Summa Subdivision, Old Waterbury Road & Reservoir Road subject to modifications and administrative requirements.

 

Correspondence, Minutes and Bills:

 

Correspondence was received from First Selectman Mark Cooper regarding the newly vacated building that was leased by Barbara Horvath (Berry Farm), as a possible temporary storage shed for sports equipment.

 

The members agreed that provided that this is strictly a temporary solution with an ending date of November 30, 2008 and that only the "barn" building is used, then it could be a feasible alternative to installing the plastic sheds at the parks.

In addition, for safety reasons the rest of the site should be cleaned up and cleared.

 

Correspondence was also received from Franz Pielmeier.

 

Motion by Dr. Gore; seconded by Mrs. Clark and passed unanimously to approve the following bills as presented:

 

Murtha Cullina (Legal Services - Lapke)                      $ 100.00

 

Motion by Dr. Gore; seconded by Mr. Tendler and passed unanimously to approve the Minutes of March 18, 2008 as presented.

 

There being no further business, the meeting was adjourned at 9:07 p.m.

 

Respectfully submitted,

 

 

____________________

Nancy van Norden

 

 

 

 

 

SOUTHBURY PLANNING COMMISSION

 

REGULAR MEETING

March 18, 2008

Subject to Approval

 

 

The Southbury Planning Commission held their regular meeting on Tuesday, March 18, 2008 at 7:30 p.m., in Room 205 of the Town Hall.

 

PRESENT:     H. William Davis, Chairman                   ABSENT: Gail DePietro, Secretary

                   Edward Gore, Vice Chairman                                Donald Cole

                   Donald Antilla

                   Nancy Clark

                   Edward Hatfield, Alternate

                   Dan Doherty, Alternate

                   Bob Tendler, Alternate

 

Also Present: DeLoris Curtis, AICP, Land Use Administrator and Other Interested Parties.

 

Chairman Davis called the meeting to order at 7:30 p.m. and seated Mr. Doherty and Mr. Tendler.

 

NEW BUSINESS:

 

Site Plan Modifications - Exterior Color Changes - 141 Main Street North:

 

Bob Paterson, William Raveis Real Estate representing this application explained that they wished to change the approved color scheme from tan and sand tones to Benjamin Moore "Van Courtland Blue" with white trim.  The brick areas would also be painted white and the windows have now been replaced with white casings. The reason for the proposed change is so this building will be in keeping with the established corporate colors of William Raveis.

 

Motion by Mrs. Clark; seconded by Dr. Gore and passed unanimously to approve Site Plan Modifications - Exterior Color Change - 141 Main Street North, subject to modifications and administrative requirements.

 

The approving Resolution of November 13, 2007 is to be amended to reflect these changes.

 

Hollow Swamp Estates Subdivision - Hollow Swamp Road:

 

Mrs. Curtis gave a brief outline and presented the submitted plans for this proposed 3 lot subdivision.  It was noted that correspondence and phone calls have been received from neighbors of this proposed development, voicing concerns.  Based on this information the commission decided that a public hearing should be held, even though this is for only 3 lots.  In addition, it was decided that a site visit would be held on April 6, 2008 at 9:00 a.m. with the public hearing scheduled for the April 15, 2008 regular meeting.

 

Site Plan Modifications - Heritage Resort & Conference Center - Heritage Road:

 

Hugh Sullivan, BSA explained that the human resource center, retail section a