These minutes are for informational purposes only. For official minutes, please contact the Town Clerk's Office.
PLANNING COMMISSION
REGULAR MEETING
APRIL 23, 2002
CALL TO ORDER
Joan Howard, Chairman, called the Regular Meeting of the Simsbury Planning Commission to order at 7:39pm 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, David Ryan and John Loomis. Also present was William Voelker, Director of Community Planning and Development, and Richard Sawitzke, Town Engineer.
APPOINTMENT OF ALTERNATES
None
DISCUSSION AND POSSIBLE VOTE
Application of Wayne H. Bursey, Owner, for a 2-lot subdivision at 24 Ferry Lane.
The Commissioners discussed issues relevant to the possible approval of the application, including the amount of fill and number of bedrooms proposed, the septic field to be abandoned, the ponding from the beaver dam on what will become open space, and the well to be drilled. Mr. Voelker indicated that a previous subdivision was on file in the land record from 1977, making this application a re-subdivision. Mr. Voelker and Mr. Sawitzke stressed that any conditions imposed by both the Conservation Commission and the Planning Commission should be noted on the subdivision mylar, and any alterations would require the applicant to reappear before the Commission(s). Regarding limiting the fill, Mr. Voelker referenced sheet XS-1, which shows a finished floor elevation of 168.5’ for the proposed 3-bedroom
house. Regarding the septic field to be abandoned and the new well to be drilled, Commissioner Katz referenced the Farmington Valley Health District letter dated 3/5/02. Mr. Voelker stated the Planning Department would not record the subdivision mylars until the old septic field had been abandoned, and noted that the FVHD letter only speaks to how a new well should be protected; the applicant has represented that they can find water. Commissioner Katz agreed that there has never been an extra standard on subdivision applications for the applicant to prove that they can get water before the Commission approves the application. Typically, if the FVHD does not dispute the drilling of a new well, that is sufficient for the Commission.
Commissioner Katz made a motion to approve the application of Wayne H. Bursey, Owner, for a 2-lot re-subdivision as it complies with all regulations. Commissioner Ryan seconded the motion. Commissioner Katz amended the motion to approve the application to include the following conditions:
The cross-section elevation of the fill should be noted on the subdivision mylar, specifically sheet XS-1 which shows a finished floor elevation of 168.5’
The conditions of the Conservation Commission in their action taken 3/5/02 should be noted on the subdivision mylar, and the applicant shall comply with those conditions as follows:
the existing septic system be abandoned and replaced according to the plans submitted new septic system be built to service a 3-bedroom house
Planning Commission Minutes
April 23, 2002
Page 2
existing swail be rehabilitated to improve drainage
The beaver dam is to be breached and an attempt made to remove the beavers prior to conveyance of open space land to the Town
The conditions stated in the Farmington Valley Health District letter dated 3/5/02 must be met
A note is to be made in the record that this is a re-subdivision, and the 1977 subdivision map should also be reflected in the record
Town open space monuments are to be placed on both Goodrich Rd. and Ferry Ln.
The amended motion to approve the re-subdivision application of Wayne Bursey with the conditions indicated passed unanimously.
SECTION 8-24 REFERRAL REGARDING ROAD RIGHT OF WAY DESIGNATION FOR ADAMS ROAD.
Mr. Sawitzke addressed the Commission, referencing the joint letter from the Boardmans and Sennotts (22 & 23 Adams Road, respectively), and his staff review of their request to remove the designation of “future road extension” from Town owned land on Adams Road. The property in question is a 50-foot strip of land deeded to the Town in 1975, and designated as a future road. As Mr. Sawitzke pointed out on the map, there are already a number of existing accessways to the open space, and this area is not going to be developed as a road. Mr. Sawitzke felt is would be advantageous for the Town to retain ownership of the property for a possible walkway, etc., but agreed with the removal of the designation of the land as a future road. He explained the benefit of this to the neighboring
property owners, since the setback from a road is 50 feet, but the setback from a simple property line is only 25 feet.
Commissioner Katz moved to make a positive referral to the Board of Selectmen that the term “future road extension” be removed from the town map, as shown on a subdivision plan entitled “Plan of re-subdivision, land owned by William W. Berman, Trustee”, approved September 23, 1975, stating this is not inconsistent with the Plan of Development. Commissioner Gardow seconded the motion, which passed unanimously.
DISCUSSION OF PRE-PLANNING FOR THE PLAN OF DEVELOPMENT
a. Review of Section 8-23 of the Connecticut General Statutes regarding Plans of Development
The Commissioners reviewed the Connecticut General Statutes regarding Plans of Development. Commissioner Loomis remarked that the updated version is much easier to read and understand than the 1999 version. He also mentioned that the regional Plan of Development is not yet fully known, but when it does become available, it may affect Simsbury’s Plan of Development. Chairman Howard said at the last CRCOG meeting, they approved sections ten and seven of the regional Plan, and stated that CRCOG will take sections to the towns as appropriate to ensure the regional and local Plans correspond. Mr. Voelker added that any recommendations for changes to the zoning map have to go to CRCOG for review in relation to the goals of the regional Plan.
Planning Commission Minutes
April 23, 2002
Page 3
In section C9 of the 8-23 statutes, Chairman Howard asked Mr. Voelker about the reference to the use of solar and other renewable energy forms. He stated this was popular in the late 1970’s, but that many of the issues related to land development are not necessarily applicable to passive solar energy use. The Commissioners discussed the general language of the statutes, specifically the use of the term “shall consider”, versus areas that use the term “may”. Mr. Voelker said that the statutes do not set the policies, but state certain items must be seriously considered when developing the Plan. He cautioned against giving any specific priority to the items listed for consideration, and he referenced the Simsbury cut sheet as a valuable source of information in working
on the Plan. He said the Commission can go beyond what the legislation says, but can’t do less.
Commissioner Loomis pointed out section F, regarding submitting the Plan for review and comment of our legislative body. Commissioner Gardow said that in 1994, the Plan was sent to the Board of Selectmen. Commissioner Katz noted that this section gives the Commission some flexibility regarding creating a special committee, that is, involving additional people to the Plan of Development process. Commissioner Loomis felt this section needed to be made clearer as the process went along. Regarding section G, Commissioner Katz noted that if there is not a consensus on a certain piece of the Plan, they can vote on the rest and do not need to hold up the whole process while working out the particular area in question.
The Commissioners closed by discussing the overall timeframe for constructing the new Plan of Development. The general feeling was to continue reviewing the Implementation Guide from the 1994 Plan and frame out the chapters for the new Plan. Chairman Howard said the public is welcome at any point in the process, and Commissioner Bednarcyk suggested formulating letters for the different stages, including a general letter regarding the overall process, followed by a specific letter with a timetable of upcoming discussions after the Commission frames out the chapters, etc. Mr. Voelker mentioned that he has the Main Street mailing list, and Commissioner Bednarcyk said she will attempt to put together a mailing list from her 1994 Plan materials to add to the Main Street list. She also stressed it would
be very helpful to encourage members of the public to put their ideas in writing in addition to attending meetings and addressing the Commission verbally. The Commissioners reconfirmed that the completion date for the new Plan is November 2004.
ANNOUNCEMENTS
Mr. Voelker reminded the members about the upcoming presentation scheduled for May 15th, encouraging everyone to attend. He said the event will be taped for those who are unable to attend. Chairman Howard reported on the CRCOG meeting of April 18th, stating they reviewed the regional Plan of Development. She said maps are being generated for the regional plan, and Mr. Voelker said he would get those to the Commission as soon as they become available.
STAFF REPORTS
Mr. Voelker stated that regarding development rights for McLean property, as addressed by Commissioner Loomis at the last meeting, the parcel with the McLean hospital and the golf course may be developed; there are no restrictions on it. The parcel with the forest can not be developed.
Planning Commission Minutes
April 23, 2002
Page 4
CORRESPONDENCE
None
NEW APPLICATION(S)
None
APPROVAL OF MINUTES for February 26, 2002 and April 9, 2002
Regarding the minutes of April 9, 2002, Commissioner Cole noted that on page 2, paragraph 3, line 7, where Chairman Howard references the Plan of Development, it should read “page 6-21”, not page 621. Commissioner Katz made a motion to approve the minutes of April 9, 2002 as corrected. Commissioner Gardow seconded the motion, which passed unanimously.
Regarding the minutes of February 26, 2002, Commissioner Katz presented a compromise summary statement of the information in paragraph 1, section 3, as prepared by the sub-committee of Commissioner Loomis and Commissioner Katz, formed at the last meeting. Mr. John Romano, member of the Board of Selectmen, and liaison to the Planning Commission, addressed the members regarding this issue, expressing concern over the perception that the Commission is changing its minutes. He also said one should not vote on minutes if they did not attend the meeting, even if they listened to the tape, and Commissioner Jansen said the Town Attorney is looking into that. After additional discussion, Commissioner Katz made a motion to proceed with a vote on the minutes of February 26, 2002, and Commissioner Ryan seconded the
motion. The motion passed by a vote of 4 in favor, 2 opposed. Chairman Howard recused herself at this point, and Commissioner Katz served as acting Chair. She appointed Commissioner Loomis to serve as an alternate for Chairman Howard. Commissioner Ryan made a motion to approve the minutes of February 26, 2002, as amended to replace paragraph 1, section 3 with the summary statement provided by Commissioner Katz and Commissioner Loomis. Commissioner Jansen seconded the motion. Commissioner Katz asked if anyone had any further discussion, or felt that anything in the summarization was inaccurate, before voting. Since there was no additional discussion, the members voted and the motion passed unanimously.
Commissioner Katz noted that everyone who voted to approve the amended minutes of February 26, 2002 was present at that meeting. Commissioner Ryan suggested that the minutes should go to Commissioner Katz for preliminary review as Commission Secretary prior to the meetings.
ADJOURNMENT
Commissioner Ryan moved to adjourn the meeting at 10:00pm. Commissioner Gardow seconded the motion, which passed unanimously.
____________________________
Pamela Katz, Secretary
| 
