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These minutes are for informatioal purposes only. For official minutes, please contact the Town Clerk's Office
PLANNING COMMISSION
REGULAR MEETING
MARCH 26, 2002
CALL TO ORDER
Joan Howard, Chairman, called the Regular Meeting of the Simsbury Planning Commission to order at 7:35pm in the Main Meeting Room of the Simsbury Town Offices. The following members were present: Susan Bednarcyk, Ernest Gardow, Ferg Jansen, Pamela Katz, Carol Cole and John Loomis. Also present was William Voelker, Director of Community Planning and Development, and Rich Sawitzke, Town Engineer.
APPOINTMENT OF ALTERNATES
Chairman Howard appointed Carol Cole to serve for David Ryan.
PUBLIC HEARING (Continued from March 12, 2002)
Application of Wayne H. Bursey, Owner, for a 2-lot subdivision of property at 24 Ferry Lane.
Chairman Howard opened by reading the public notice regarding this hearing. The members had a site walk of the proposed new lot on Saturday, March 10, 2002. Chairman Howard and Commissioners Loomis, Katz, Jansen and Gardow attended the site walk. Commissioners Bednarcyk and Cole did not attend, but indicated they had looked at the property on their own and were familiar with it. Mr. Guy Hesketh, site engineer, said that one of the property lines was tweaked as a result of the site walk so that Mr. Bursey would be able to keep his existing fence. He said this minor change had no effect on the set-back requirements or on the 10,000 square foot building rectangle, and Chairman Howard specified that the property line change was from 85 degrees to 67 degrees, which Mr. Hesketh verified.
Mr. Hesketh stated that since the last public hearing, a storm drain analysis was done by Mr. Sawitzke to address the concerns about drainage onto Ferry Lane, and this analysis indicated that the proposal would not affect drainage. He also said his calculations regarding the amount of fill were submitted to the Engineering Department for detailed analysis. This evaluation actually reduced the fill number to 460 cubic yards since some of the material to be excavated for the crawl space would then be reused as fill. He then answered the Commissioners questions. The damming from the beavers is on both Mr. Bursey’s property and the Land Trust property. The drains around the barn are located at the doors to the lower level of the barn, off the SE corner, and in the north corner, and the flow
is in an easterly direction leading to a discharge point into the brook behind the property. The water that collects in the road goes into the culvert pipe and is discharged onto the south side of Ferry Lane; this pipe was repaired in 1991. The highest point of fill would be between the two trenches of the septic system.
Elevation at the road is 164’, the new house first floor elevation is 168.5’, the elevation at the distribution box is 167’, and the first floor elevation of the existing house is 167.8’. The septic field elevations are 164.5’ at the bottom of the trenches, 165.5’ at the top of the galleys, 166.1’ on the ends, and 167’ at the distribution box; the elevation of the ground in the surrounding area is 165’. The finished grade of the new house is 166.1’. There is approximately 2 ½ feet of elevation difference with the new house and 1 ½ feet of elevation difference with the existing house. The open space dedication was determined as a result of the irregular shape of the lot.
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March 26, 2002
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They tried to provide open space that would be contiguous with the existing open space, and they offered more than required by the subdivision regulations in order to tie the two Land Trust pieces together. Regarding the beaver dam, Mr. Bursey is working with Nuisance Wildlife to alleviate the situation.
The proposal calls for drilling a new well on the lot, after the old septic field is abandoned. Canton Well Drilling has indicated they believe it would be possible to drill a new well and get adequate supplies of potable water. David Knauf with the Farmington Valley Health District has approved this proposal. Earlier concerns over finding water with a new well have been addressed based on the successful drilling of a well on Mr. Dumais’ property across the street. Mr. Glassman, attorney, reiterated that the information provided regarding the easement with Mr. Byer’s property for use of the exisiting well was mentioned strictly as a bonus for the proposed subdivision. He mentioned that with any other subdivision application, there is no requirement to show access to any
alternative source of water, nor should there be in this case. FVHD has signed off on drilling a new well which should be adequate for the purpose of reviewing the application, but there is no legal question as to water rights to the existing well.
The letter from Mr. Davis dated 1996 to the FVHD regarding curtain drains dealt with a previous subdivision application for a completely different lot near the barn; that information does not apply to this application. The septic system was designed around the record high groundwater table, and the effluent from the tanks flows toward the low-lying area behind the property. During a 100-year storm event this area would not be inundated. Mr. Jessie Case of 107 Terry’s Plain Rd. mentioned that the flood of 1955 was higher than the 156’ 100-year flood elevation. Mr. Hesketh agreed but said that the Colebrook Reservoir was built after that and that the hydrological conditions in the flood plain have changed since 1955. At this point, Chairman Howard opened the discussion to the
public.
Steve Byer, 145 Terry’s Plain Rd., questioned the well rights available for the proposed lot. He entered for the record an appraisal letter dated Oct. 11, 1993, and a letter from Patricial Wegner, dated 1996, which he said indicated that Mrs. Wegner intended to transfer the additional well rights to the Land Trust when she deeded land to them. Renny McQuilkin, 21 Goodrich Rd., stated that the lawyer for the Land Trust agrees with this information. Cindy Dietlin, 15 Goodrich Rd., read a letter from Mr. Seth Alspaugh of 11 Ferry Lane, that was submitted for the record, in which he opposed the proposed subdivision, citing concerns over the water supply, the wetlands, construction issues, and the loss of open space. Mr. McQuilkin addressed the Commission about his concerns over the subsurface
lateral flow of water in the area, referencing Dr. John Raabe’s report, attachment C of his previous correspondence. He pointed out that many of the houses in the immediate area depend on shallow wells and have ongoing problems with these wells. He expressed concern for future owners of the new lot regarding the well and water supply (referencing attachment B from his letter), as well as the issue of settling, indicating that the current house on the property has experienced problems in this area. He also asked why the area of the property west of the barn down Ferry Lane closer to Goodrich Rd. had not been considered for this subdivision, rather than the proposed lot so close to the wetlands. Jessie Case, 107 Terry’s Plain Rd., stated that whenever you get away from the mountain or go down too deep, there are problems with the well. Mr. Glassman reiterated that the proposal is based on careful study of the conditions of the site, and said
he felt the data presented by the applicant rebuts the anecdotal information provided by the neighbors. He said the proposal has been
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March 26, 2002
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approved by the FVHD, after close review, and said that moving the two septic systems as far away from the wetlands as possible actually improves the site. Mr. Rich Sawitzke presented a synopsis of the drainage analysis prepared by the Engineering Department. The analysis was based on a 10-year storm event, with the analysis point being the Goodrich Rd. culvert. He said that by having the house so close to the analysis point, the runoff doesn’t really increase the flow of water. The house and driveway represent 7-100ths of an acre of impervious area being added to the watershed. The flow tends to be to the northwest, and the development as depicted on the plan maintains the direction of the flow. The analysis only looks at surface flow, not subsurface flow. Chairman Howard
asked about the decision of the Wetlands Commission regarding eliminating the yard drains, and Mr. Sawitzke said the drains did not really matter hydrologically to the watershed. The Wetlands Commission was probably concerned about erosion and how that would affect the wetlands. Chairman Howard referenced the FEMA information, and asked if there would be any effect from the new septic system, and Mr. Sawitzke said not as the system is designed on the plan.
DISCUSSION AND POSSIBLE VOTE
Application of Wayne H. Bursey, Owner, for a 2-lot subdivision of property at 24 Ferry Lane.
Commissioner Katz asked if there was any other document in the land records that showed any change to the well rights addressed in the easement, and Mr. Glassman said no. Mr. Glassman said the only way to transfer rights is to have it put on the land record, and even if Mrs. Wegner’s intention was to transfer the well rights, it was never put on the record. Therefore, the well rights transfer with the property ownership to Mr. Bursey, who may then transfer a well right to the new lot. Commissioner Jansen asked to clarify that if the FVHD okays the drilling of a new well, then the second well and easement rights is a non-issue, and Mr. Glassman said yes. Mr. McQuilkin stated again that he heard from Dick Davis that the lawyer for the Land Trust believed the Land Trust had well rights, per Mrs.
Wegner’s intention to transfer those rights. He suggested double-checking the easement, as well as drilling the new well to ensure that potable water could be reached, before giving final approval to the application. He also asked again why the other side of the lot wasn’t being considered for the subdivision.
Mr. Bursey felt the location issue had been addressed at previous hearings attended by Mr. McQuilkin and that the discussion should move forward. Chairman Howard said it did appear that there was another developable lot, but Commissioner Katz said to look at this application as presented, not to review it in terms of possible future applications that could be made. Chairman Howard suggested keeping the public hearing open, which generated discussion between the members and the applicant’s representatives. Mr. Glassman and Mr. Bursey asked specifically what open issues remained and/or what additional information the Commission needed in order to review the application and make a determination. Chairman Howard mentioned the open space dedication and the well rights. Commissioners
Bednarcyk and Loomis felt it would be valuable
to keep the hearing open in order to absorb the new information and be able to address any questions that might then arise.
Commissioner Katz felt it was an issue for the Board of Selectman whether to deed the open space to the Land Trust, and said she was not comfortable requiring the applicant to prove access
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to alternative water in the face of a straightforward letter from the FVHD stating that the conditions for drilling a well had been met. She indicated that the purpose for keeping the public hearing open is to get additional information, and there is no additional information outstanding on the application. Mr. Glassman said that in the absence of any open questions on the part of the members, he felt the hearing should be closed; he felt the hearing did not need to remain open in order for the members to deliberate. Commissioner Jansen felt the hearing should be closed, as no new information was outstanding. Mr. Bursey restated that the open space dedication of 24% is actually more than the required 20%, and whether it ultimately goes to the Land Trust is secondary. Chairman Howard asked if
Mr. Sawitzke had an opinion on the well, and Mr. Voelker stated the Town relies on the FVHD in this regard. Chairman Howard asked what changed the FVHD’s opinion from the letter dated May 2001, in which it was stated that there was concern over finding a suitable water supply through drilling a well. Mr. Hesketh responded that the successful drilling of a well right across the street prompted the change in the FVHD’s stance. He said Mr. Knauf’s concern over water availability was addressed by the Dumais’ getting water. Mr. Glassman pointed out that while Mr. Dumais objects to the proposal and has been present at three of the public hearings for the application, he has never spoken out about problems with his well.
Commissioner Cole moved to close the public hearing, and Commissioner Katz seconded the motion. Commissioner Katz, Commissioner Gardow, Commissioner Jansen and Commissioner Cole voted in favor of the motion to close the hearing, while Chairman Howard and Commissioner Bednarcyk voted against the motion. The motion to close the public hearing passed by a vote of 4 to 2. Chairman Howard indicated the members would review the information and vote on the application at the next meeting. Commissioner Gardow requested a five-minute recess at 9:50pm
REVIEW OF CAPITAL IMPROVEMENT PROJECTS IN ACCORDANCE WITH SECTION 8-24 OF THE CONNECTICUT GENERAL STATUTES.
The Commission members reviewed and voted on nine capital improvement projects that were presented by Mr. Rich Sawitzke. All nine resolutions passed unanimously. Please refer to attachment A of these minutes for specific details of each project and subsequent vote.
ANNOUNCEMENTS
None
STAFF REPORTS
Mr. Voelker mentioned that the Open Space Seminar held March 13, 2002 went well. He stated the presentation was very well done and reinforced their thinking about open space acquisition. He said they are putting together another presentation, possibly to be held on May 15th, with
several speakers, including Bob Sitkowski. He encouraged everyone to attend, saying that the Design Review Board, Zoning Commission, and others will be invited as well. He’ll provide additional details as they become available. Commissioner Cole asked if a tape of the Open Space Seminar was available and Mr. Voelker said he would check with SCTV on this. Finally,
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Mr. Voelker also reminded the members that the date for the Biodiversity Study was upcoming, and he would provide details on this soon. Commissioner Loomis reported on the CRCOG meeting of March 21, 2002. He said that CRCOG has a new chair, Susan Erickson of Tolland. He said the meeting covered the regional Plan of Development update, examining the chapters on water and sewer and transportation. He stated they are preparing a new draft of the economic development section, starting from scratch on this, and also stated that new things would be coming in terms of the land use for the state, which had mixed reaction from attendees.
CORRESPONDENCE
Mr. Voelker stated there was no correspondence from the Planning Department. Chairman Howard called the members’ attention to the letter from Commissioner Jansen regarding the bridge color for the Rt. 185 bridge. Commissioner Jansen said he had just met with the Design Review Board on this issue. The result of the meeting was that the Design Review Board was going to request that the First Selectman delay the choice of color for the bridge and have the DOT provide them with samples of colors choices besides light gray, including dark red and dark green. The Board agreed that light gray was a poor choice of color for the bridge, and planned to pursue painting it a different color. In addition, they planned to look at the materials being chosen for the curbing along the bridge, the
guardrail leading to the bridge, and the protective fencing for the pedestrian walk.
Chairman Howard asked Mr. Voelker if it would be possible to have someone from the Design Review Board at the next meeting to present their thoughts on this to the Commission. She also asked if it would be possible to create with the computer or digital photos a picture of what the bridge would look like painted dark red. Mr. Voelker said he would look into it.
NEW APPLICATION(S)
None
APPROVAL OF MINUTES January 22, 2002 and March 12, 2002
Regarding the minutes of March 12, 2002 Commissioner Katz made a correction on page 6, paragraph 2, line 8. Where it stated that four members favored and two members opposed the motion made by Commissioner Bednarcyk, it should read three members favored and three members opposed. Commissioner Katz moved to approve the minutes of March 12, 2002 as corrected. Commissioner Jansen seconded the motion, which passed unanimously, with Commissioner Cole abstaining.
ADJOURNMENT
Commissioner Jansen moved to adjourn the meeting at 10:55pm. Commissioner Katz seconded the motion, which passed unanimously.
____________________________
Pamela Katz, Secretary
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