TOWN OF WOODBURY Planning Commission 281 Main Street South Woodbury, Connecticut (203)

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1 TOWN OF WOODBURY Planning Commission 281 Main Street South Woodbury, Connecticut (203) First land deed from the Indians April 12th 1659 MINUTES PUBLIC HEARING/REGULAR MEETING WEDNESDAY, May 4, P.M. SENIOR / COMMUNITY CENTER MEMBERS PRESENT: Joel Serota Eileen Denver Katy Sherer Louis Alba Mary Connolly ALTERNATES PRESENT: Ruth Melchiori David Schultz Andrew Chapman ALSO PRESENT: Kathy Castagnetta, Curt Smith, Ron Wolff, Tim Drakeley, John Calabrese, Kathy Doyle, Attorney Greg Cava, Lois Fiftal, Steve Trinkaus, Michelle Ecsedy, Jane Pickett, Adele Taylor, Chris Murray, Deloris Holmes, members of the public and a member of the press (Mike Preato) 1) REGULAR MEETING 7:00 P.M. a) Call to Order Chairperson Sherer convened the Regular Meeting of the Woodbury Planning Commission at 7:00 p.m. b) Seating of Members and Alternates Chairperson Sherer seated Commissioners Denver, Alba, Sherer and Serota. Alternate Chapman was seated. Conflict of Interest Reference was made to Section 8-21, Connecticut General Statutes, and Section 901 of the Woodbury Town Charter, Conflict of Interest. c) Continue Regular Meeting to After Public Hearing 2) PUBLIC HEARING (Continued from April 6, 2016): a) 16-PC-1600 / Strong Field LLC (owner/applicant), Ron Wolff (agent) / Strong Field Subdivision / Middle Rd. Tpke., Old Middle Rd. Tpke., White Deer Rocks Rd. / 12-Lot Residential Subdivision / Map 090 / Lot TBD / CH: 05/11/16 Received since the last public hearing is a letter dated 4/19/16 from the NW Conservation District, a letter dated 2/05/16 from the State Archeologist, a letter dated 4/20/16 from the Pomperaug District of Health and a revised set of plans. Ron Wolff came forward and submitted a 35 day extension letter granted by the applicant. A rendering of the proposal was reviewed. The addition of an infiltration basin and curbing added since the last proposal was reviewed. He reviewed the conservation easements added to the plan and the 19 trees to be planted along the southerly boarder. He reported that he has received approval of the plan from the IWWA, Pomperaug Health District and NW 1

2 Conservation District. The applicant is proposing a fee in lieu of open space in addition to the 1.77 acres of conservation easement. The floor was opened for questions from the Commission members: Alba questioned whether there is a plan to plant trees along Middle Road Turnpike within the conservation easement area. Mr. Wolff advised that the existing trees are sufficient to screen the road from the backyards. Ron Wolff confirmed for Serota that this plan follows the contours of the land. Mr. Drakeley advised that he expects cape, colonial, and saltbox designed homes. Mr. Wolff advised for Denver that he does not know of plans for the open field owned by Mr. Strong. Mr. Drakeley noted that 3000 sq. ft. or less size homes are intended for this subdivision. The intent is to build the homes themselves; however, if lots are left unsold in the longtime future it is possible there will be other developers. Melchiori asked for the details of a conservation easement. Mr. Wolff reported that the conservation easement will be held by the Town forever; however, will be noted within the deed of the properties. Sherer asked whether it has been considered to make this a through street instead of cul de sac. Mr. Wolff advised that this is not a desirable location for a through street. Kathy Castagnetta reported that the Director of Public Works did not think a through street would be a good idea. The floor was opened to the public: Jane Pickett formerly of 20 Pleasant Street explained that 12 homes is too many on 13 acres of property and questioned whether this is a negotiable number. Attorney Greg Cava came forward with Licensed Professional Engineer Steve Trinkaus to raise concerns found in his review of this plan. Mr. Cava noted that he does not feel the proposed open space added to this plan is meaningful open space. Steve Trinkaus came forward and presented his development concerns outlined in his letter dated 5/1/16 submitted for the record. He noted that the density of this proposal should be reduced to at most 9 lots. This is a cookie cutter subdivision and not a low impact development. He found that the saturation for the perk tests were insufficient for the soils on this site. He further reviewed his concerns with the sewage disposal systems, stormwater management, proposed residences, and erosion control plan. He concluded that an Open Space Subdivision as permitted by the Town of Woodbury Land Use Regulations would be a preferred alternative. Additionally, there are technical issues with the design of the stormwater management system which will likely lead to premature failure of the system as proposed. Greg Cava queried Steve Trinkaus on how an open space subdivision would solve some of the problems detailed. Mr. Trinkaus advised that a horseshoe road and more open space would 2

3 eliminate the potential for the stormwater management system failure. Mr. Cava explained that an open space subdivision allows the building of homes in more responsible way and sends a message that the Planning Commission takes its PoCD seriously especially since the Town has missed the boat in preserving this property. This will ultimately create a higher value to the lot abutting open space. Attorney Cava advised that this is an opportunity to build the right project on the site that will be good for the town. Not every piece of open space has to be connected to another. It creates a softening quilt that achieves a softer look to the town. A 12 lot subdivision should not even be considered. He questioned where you can buy 8 acres in Woodbury for $30,000. Fee in lieu of open space should be off the table. The open space on this property is much more valuable. In response Ron Wolff explained that the open space is meaningful to prevent driveways onto Old Middle Rd Turnpike. The NW Conservation District and Director of Public Works found this plan to be in accordance with the requirements. This plan strictly follows the Zoning Regulations regarding density. The perk tests were in accordance with the Health Code. There is a lot that goes into designing a subdivision and it is not appropriate for someone to indicate that the horseshoe design mentioned could be done. He reviewed the other open space subdivision lot sizes in town which are comparable to what is being proposed here. Attorney Cava advised that the Planning Commission has the authority to deny this plan. The comments currently in the file may not rise to those of comments of a Licensed Professional Engineer. He urged the Commission to refuse to accept a fee in lieu of open space and to request a revised plan. Deloris Holmes noted that she cannot grasp how so many houses would fit in an aesthetic way on that property. Chairman Sherer explained that the Planning Commission has not yet received the report from Fire Marshal; therefore, this public hearing will continue to June 1st. She asked for the thoughts of Commissioners thus far. Alba noted that as this point he is not in favor of a fee in lieu of open space. Denver agreed with Alba. She noted that she would like to understand the Subdivision Regulations with regard to the maximum number of lots. Mr. Wolff reported that in doing calculations 13 lots can fit on this site. Mr. Cava advised that this is incorrect and misleading. Kathy Castagnetta agreed to review the subdivision regulations and clarify this before the next meeting. Adele Taylor of Washington Rd. feels this property should be kept as much open space as possible. Chris Murray of 30 Pleasant Street noted that his lot size is one half acre and he has city water and questioned if this is an option for this site. Mr. Drakeley advised that this is not an option as city water is 1000 feet away. It was confirmed that there is nothing prohibiting connecting to city water if the applicant would like to so. 3

4 Connolly voiced concerns with the request for fee in lieu of open space as this property is noted as prime land in the PoCD. Schultz noted that he is not in favor of fee in lieu of open space. Serota regrets that the community did not know this property was available for sale. He would like clarity on the technical aspects from the town staff. Melchiori does not believe a fee in lieu of open space is a good option. She reminded the Commission that it is their decision whether a fee or open space will be accepted. She asked the developers to be more attentive to how Woodbury wants to be developed. Chapman would like to see a plan with the 20 percent of open space required. At this point the Commission has only seen a plan that assumes a fee in lieu of open space. He would also like to see the use of city water on this site. Sherer stated that she shares the inclination that a fee in lieu would not be appropriate for this site. Also, she noted concerns whether this subdivision is consistent with the town plan and wondered if pedestrian access so close to the center of town and the high school should be considered. MOTION: To continue the public hearing for 16-PC-1600 / Strong Field LLC (owner/applicant), Ron Wolff (agent) / Strong Field Subdivision / Middle Rd. Tpke., Old Middle Rd. Tpke., White Deer Rocks Rd. / 12-Lot Residential Subdivision / Map 090 / Lot TBD to 6/1/16 at the Senior Center. Made by Denver, seconded by Alba. 5-0 in favor. 3) REGULAR MEETING: The Regular Meeting reconvened at 8:35 p.m. The members remained seated and were reminded of the Conflict of Interest Statute. Seating of Members and Alternates Chairperson Sherer seated Commissioners Denver, Alba, Sherer, Connolly, and Serota. 4) PENDING APPLICATIONS: a) 16-PC-1600 / Strong Field LLC (owner/applicant), Ron Wolff (agent) / Strong Field Subdivision / Middle Rd. Tpke., Old Middle Rd. Tpke., White Deer Rocks Rd. / 12-Lot Residential Subdivision / Map 090 / Lot TBD - tabled b) 16-PC-1604 / John & Anthony Calabrese (owners/applicant), Curt Smith (agent) Calabrese Subdivision / 6-Lot Residential Subdivision / Quassapaug Road / Map 075 / Lot 014A Connolly stepped down and Alternate Chapman was seated. Curt Smith came forward and noted that there have been no changes to the application since the last meeting. Kathy Castagnetta reviewed the contents of the file. 4

5 MOTION: WHEREAS, the Woodbury Planning Commission (Commission) has received an application, 16-PC-1604 submitted by John and Anthony Calabrese for a six (6) lot subdivision located on Quassapaug Road (Tax Assessor's Map 75, Lot 14A); and WHEREAS, the Commission has received the following material: a. An application dated ; b. Cover letter from Curtiss B. Smith, LLS dated March 29, 2016; c. Drainage Report prepared by Mark S. Riefenhauser, P.E. dated February, 2016; d. Memo from Joe Kmetz, RS of Pomperaug District Department of Health dated April 12, 2016; e. Letter from Sean Hayden of the Northwest Conservation District dated April 1 9, 2016; f. Memo from Kathy Castagnetta, Town Planner dated April 1, 2016; g. Cover Sheet, Calabrese Subdivision; Record Subdivision Map; Site Development, Grading, Erosion and Sediment Control Plan; Driveway Profiles; Soil Data, Notes and Details; all dated and prepared by Curtiss B. Smith, LS and Mark S. Riefenhauser, PE and revised through h. Letter from David Taylor, Chairman Woodbury Conservation Commission dated April 28, WHEREAS, the Commission has received the motion of the Woodbury Inland Wetlands Agency dated April 25, 2016; and WHEREAS, the submitted plans, revised and conditioned as detailed in this approval demonstrate conformance with the applicable zoning and subdivision regulations of the Town of Woodbury; and WHEREAS, the Commission has carefully considered all the evidence submitted and information received; NOW THEREFORE BE IT RESOLVED that the Woodbury Planning Commission approves the subdivision of property located on Quassapaug Road, Woodbury, Connecticut (Map 075 / Lot 014A), as depicted on the maps and plans listed above and subject to the following conditions: 1. All conditions of approval by the Inland Wetlands Agency and Planning Commission shall be added to the final plans and record subdivision map. 2. Prior to endorsement of the Subdivision Map, deeds, easements and notices shall be submitted to the Commission for approval and recorded on the Town land records in accordance with Section of the Woodbury Subdivision Regulations. 3. Any restriction, covenant or easement required as a result of this approval shall be referred to in the deed for any subsequent sale or transfer of any lot created by this subdivision approval. 4. Prior to endorsement of the mylar subdivision map by the Commission, a letter and A-2 asbuilt survey, signed and sealed by a Connecticut Licensed Land Surveyor verifying the setting of pins, monuments and posted boundary markers shall be submitted to the Commission. 5

6 5. Open Space as shown on the approved plan shall be deeded to a duly incorporated homeowners association. The deed shall include the restriction that open space land be preserved in its natural state and restricted to uses as outlined in Section of the subdivision Regulations. The open space restrictions shall be reviewed and approved by both the Conservation and Planning Commissions prior to filing. Nothing in these deeds shall prohibit the future transfer of open space or open space easements to a public agency or private non-profit organization authorized to hold such land or easements for the purpose of land conservation. 6. Prior to the endorsement of the Subdivision Map, a deed for Highway Purposes for all land situated between the Highway Line and the Centerline of Quassapaug Road as shown on the Record Subdivision Map shall be submitted in a form and content acceptable to the Town Attorney. This deed shall be recorded in the Woodbury Land Records at the same time as the Mylar of the Record Subdivision Map. 7. A sedimentation and erosion control bond in the amount of $2,000 shall be submitted to the Office of the First Selectman prior to the issuance of any zoning permit for development of each individual lot. Made by Alba, seconded by Serota. 5-0 in favor. Connolly was reseated and Alternate Chapman stepped down. 5) NEW APPLICATIONS: None MOTION: To adjust the agenda to address Referrals before Other Business. Made by Connolly, seconded by Denver. 5-0 in favor. 6) REFERRALS: a) 16-PC-1601 / Section 8-3a Referral / Town of Woodbury / Proposed amendments to the Woodbury Zoning Regulations Section 3.3, Temporary Uses and Structures in Any District including revisions to provide clarity and defined standards, eliminate regulations regarding commercial timber cutting, incorporate Special Event procedures and standards and eliminate the existing Section 3.5 regarding Special Events in Any District The group reviewed the definition of a temporary structure. Alba is not comfortable with the permit and fee for a tag sale. It was confirmed that a protest could potentially be considered a special event. MOTION: To respond with a positive referral regarding the proposed amendments to the Woodbury Zoning Regulations Section 3.3, Temporary Uses and Structures in Any District including revisions to provide clarity and defined standards, eliminate regulations regarding commercial timber cutting, incorporate Special Event procedures and standards and eliminate the existing Section 3.5 regarding Special Events in Any District as they are found to be consistent with the town plan. Made by Denver, seconded by Connolly 4-1 in favor. Alba opposed. b) 16-PC-1602 / Section 8-3a Referral / Town of Woodbury / Proposed amendments to the Woodbury Zoning Regulations Section regarding Home Occupations including revisions to provide clarity, defined standards, a Special Permit Hearing process for General Home 6

7 Occupations and elimination of Section regarding non-permitted home occupations Alba noted that home business should be further defined. Sherer shared these concerns as it opens up the potential to having a home business, such as retail or machine shop, which is not consistent with the town plan. Connolly noted language in the town plan that encourages business. Sherer explained that she is not opposed to this; however, she is looking to protect the character of the neighborhoods. She feels the language needs further revision for clarity. MOTION: To respond with a positive referral regarding the proposed amendments to the Woodbury Zoning Regulations Section regarding Home Occupations including revisions to provide clarity, defined standards, a Special Permit Hearing process for General Home Occupations and elimination of Section regarding non-permitted home occupations as they are consistent with the town plan. Made by Connolly seconded by Denver. Vote Denver and Connolly in favor. Sherer and Alba opposed. Serota abstained. Motion failed. c) 16-PC-1603 / Section 8-3a Referral / Town of Woodbury / Proposed amendments to the Woodbury Zoning Regulations Appendix B, Fee Schedule to provide clarity and to adjust fees to more accurately reflect the cost of administering the zoning regulations Alba advised that given the status of grants and the State he is not in favor of changing fees at this time. Kathy Castagnetta explained that small business fees have decreased and large building projects have been increased in this proposal. The changes are reflective of costs incurred by the Town. MOTION: To respond with a positive referral regarding the proposed amendments to the Woodbury Zoning Regulations Appendix B, Fee Schedule to provide clarity and to adjust fees to more accurately reflect the cost of administering the zoning regulations as they are consistent with the town plan. Made by Connolly seconded by Denver. 3-2 in favor. Alba and Serota opposed. 7) OTHER BUSINESS: a) AIA/SDAT Update - Full copies are expected to be available soon. b) Discussion Regarding POCD / Action Item Priorities: - Right to Farm Ordinance Kathy Castagnetta distributed copies of three examples of farmland preservation committees in other towns. - Horizon/Ridge Line Protection - Discontinuance of Town Roads - This will be tabled until the results on how Watertown addressed this issue are available. 8) PRIVILEGE OF THE FLOOR - Kathy Doyle discussed sidewalks in reference to the recommendations of SDAT. She found that Meriden adopted a sidewalk plan and suggested that in the next PoCD this be considered. 7

8 She also feels that there should be a potential for the Planning Commission to offer feedback earlier in the process of the revisions to the Zoning Regulations. 9) CONSIDERATION OF MINUTES April 6, 2016 Alternate Chapman was seated as member and not regular member. MOTION: To approve the minutes of the April 6, 2016 Regular Meeting as amended. Motion by Denver, seconded by Sherer in favor. Connolly abstain 10) CORRESPONDENCE - none 11) ADJOURNMENT MOTION: To adjourn the meeting at 9:50 p.m. Made by Serota, seconded by Alba. 5-0 in favor. FILED SUBJECT TO APPROVAL Respectfully submitted, Tai Kern, Clerk RECEIVED & FILED IN WOODCURY, CT 8 This I 0 c171'