REGULAR MEETING TOWN PLAN AND ZONING COMMISSION

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					TPZ REGULAR MEETING MINUTES March 21, 2006

REGULAR MEETING TOWN PLAN AND ZONING COMMISSION March 21, 2006 Present were Commissioners Brenneman, Bagdigian, Wolf, Wallace (arrived at 8:03), Charette, Alternate Commissioners Mastrogiovanni, LeBouthillier (voting for Pogson), and Beckert (arrived at 9:20), and the Town Planner. The regular meeting opened at 7:33 p.m. New Business Toll Brothers – 1024 Farmington Avenue Attorney Tom Regan from the firm of Brown, Rednick, Freed & Gesmer PC introduced the proposal. He explained that Toll Brothers had entered into a contract to purchase the driving range on Farmington Avenue from the Tomasso family. He stated that Mr. Robert Sonnicson would be speaking with regards to the flood regulations as they pertain to the site. Mr. John Mancini, professional engineer from the firm of B.L. Companies, spoke next. He noted that Tarragon Development had previously optioned the site but they dropped their interest in the property due to concerns with the Town’s flood regulations. Toll Brothers’ proposal consists of 95 town-homes. His firm has had a meeting with representatives of the Department of Transportation and upon their recommendation has proposed a full access driveway out to Town Farm Road and limited access on Farmington Avenue. This limited access would be designed as a right turn, in and out, with specifications similar to that found for limited access drives in Florida and Pennsylvania. A portion of Town Farm Road would be widened to allow for by-pass capability. A large retention pond would be created on the property and incorporated into the storm-water design plan. The earth, which would be removed in developing the pond, would be used on site to elevate the units above the FEMA, 100year flood elevation. Mr. Mancini went on to say that it is the developer’s intent to set the elevation of the units 1 foot above the 100year flood elevation of 171.5. The grade of the site presently ranges from 164 to 169. Rob Sonnicson, president of Delta Environmental Services, presented information concerning the potential flooding of the site. He told the members that he had worked at FEMA between 1979 and 1986 and was very familiar with the history of the federal flood program as it pertains to Farmington. The last comprehensive study of the Farmington River was undertaken in 1984. At that time, the computer model determined that the 100 year flood elevation in the vicinity of the site was 171.5. He explained that his client would be making two requests to FEMA. The first request would be a conditional letter of map revision. This would have the effect of removing the development from Zone A, based upon the introduction of fill, and elevating the units above the 100year flood elevation. Residents of the development would not have to purchase flood insurance under this plan. Toll Brothers is also planning to apply for a re-location of the floodway boundary. This would be similar to the process that the Town undertook in 1991 when it

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was developing the plans for the expansion of the water pollution control facility. Mr. Sonnicson went on to say that the floodway boundary would be shifted to the east side of Town Farm Road. This would have the affect of making the floodway boundary a more regular line paralleling the Farmington River. Mr. Sonnicson did acknowledge that the proposed driveway could be constructed under the current floodway configuration because they would not be introducing fill. As part of this request, the Town would be notified of such application, but their support is not necessarily required. Attorney Regan completed the presentation by stating that the proposed buildings would contain two or three units and while it would not be developed as a restricted, active adult community, the units would be designed with master bedroom suites on the first floor. He stated that Toll Brothers would be developing a zoning amendment for the Commission’s consideration to give them flexibility in determining the minimum elevation of structures along Farmington Avenue. He explained that led by Mr. Sonnicson, the development team would be re-analyzing and re-calculating the flood elevations along the Farmington River using field-determined topography. It was noted that FEMA had done their study in 1984 using topographic information based on ten-foot contour intervals. Chairman Brenneman asked if a marketing study for this development had been done to date. Mr. Chris Bennett, from Toll Brothers stated that a marketing study had been completed and he estimated an absorption rate of two to three sales per month. He also indicated that the units would be priced in the high $300,000. range to the low $400,000. range. Commissioner Mastrogiovanni asked a number of questions concerning the site’s flood designation, as well as about the floodway. In response, Mr. Sonnicson stated that the floodway line was incorrectly located by FEMA and that even if both requests were granted; it would not mean that the site still could not flood. Commissioner Mastrogiovanni asked how much the site would be filled. Mr. Mancini replied that three to six feet of fill would be deposited on the property. Commissioner LeBouthillier asked for clarification on the location of the driveway serving Town Farm Road and he also expressed concern about interference with golf carts crossing the site. Mr. Mancini located the driveway on the map and told Commissioner LeBouthillier that he expects no conflicts with the golf carts. George McGovern – 11 Sycamore Lane Mr. McGovern told the members that he was appearing in front of them tonight seeking permission to add an addition to his home as an in-law apartment. He had submitted a packet of information containing four prints including a plot plan, full front elevation and floor plan. The apartment would be 648 sf in size and comprised about 22% of the area of the principle dwelling. It would contain 1 bedroom and 1 full bath, in addition to a full kitchen and living room. His parents would reside in the apartment. The apartment would contain an entry door on both the side and rear wall. Mr. McGovern went on to say that the survey had been re-certified by Hodge Surveyors and that he has a plan for

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the conversion of the new space after the apartment is removed. Finally, Mr. McGovern stated that all of his neighbors had endorsed his plan for this addition. Commissioner Wolf asked why the addition would not have the same roof style as the main house. Mr. McGovern responded that the addition did not have sufficient width to install the same type of roof. Chairman Brenneman expressed concern about the location of the garage door, as it faces directly to the street. Mr. McGovern estimated that the addition would have to be about nine feet longer to accommodate a side entry garage.

Konover Development Corp. – 135 South Road Commissioner Mastrogiovanni disqualified himself from this matter. Mr. David Ziaks, civil engineer from F.A.Hesketh Associates, presented the application. The property at 135 South Road is a 7.66 acre site. The property was originally developed in the 1980’s as a two-story building containing 33,600 net sf with access to each story at grade. Konover Development purchased the property last year and the building is currently, fully occupied. The plan calls for the re-configuration of the parking area located in front of the building, as well as, landscaping improvements and up-grades to the lighting and sidewalk system. This will also include the addition of four, new handicapped parking spaces. The proposal includes 138 parking spaces and 15 deferred spaces. Mr. Ziaks went on to review the landscape plan and the site coverage statistics while mentioning that the light standards would remain at 15 feet in height and the fixtures would be re-wired with metal halide bulbs. Chairman Brenneman asked if the lights were on timers and whether the intersection of the site driveway with South Road requires any sight line improvements. Ms. Brenneman was told that the lights were on a timing system and were activated by photo cells. Mr. Ziaks added that the site line was satisfactory. The Chairman recognized Mr. Walter Zenick of 144 South Road in the audience. Mr. Zenick stated that they had concerns about the preservation of the front buffer yard on the site since an extensive area of brush, located between the site and I-84, had been removed last year. Mr. Zenick said that he and his neighbors had been subjected to additional noise since this vegetation was removed. Mr. Ziaks responded that no work was scheduled to be performed in the buffer area. A few trees would be removed immediately adjacent to the building. Commissioner Wolf asked if it were possible to locate additional trees between the building and I-84. This item was voted on later in the evening. Upon a motion made and seconded (Wallace/Bagdigian), members unanimously

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VOTED: To approve the site plan modifications, as presented, with the following conditions: 1. The applicant shall install the trees located in front of the deferred parking at the time the other improvements are undertaken. 2. The site lighting shall be set on timers and extinguished no later than 10:00 p.m. 3. The site plan shall be submitted for review and approval by the Town Engineer.

Stephen Realty – Snowberry Cobble Chairman Brenneman disqualified herself from this matter. The Town Planner presented a report on this matter. In 2001, the Town of Farmington and Mr. Barberino executed an affordable housing agreement in conjunction with the development of the Snowberry Cobble project. In response to a request by Mr. Barberino to increase the maximum sales price of the affordable units, the Town and Mr. Barberino re-negotiated the contract in 2003. This new contract classified the project as a set-aside development under the State’s affordable housing law. This classification would allow the Town to earn points towards a moratorium, insulating the Town from any appeals under the act for a period of three years. In February of 2005, the Department of Economic and Community Development, notified the Town Planner that under the State’s definition of a set-aside development, 15% of the units would not only have to be sold to buyers whose income was at or less than 60% of median income but that the price of these units would be structured so that they would be affordable to persons or families earning no more than 60% of median income. This would mean that the cost of such a unit could not exceed $109,000. Mr. Barberino has notified the Town that it would not be financially possible to provide a unit of a size and finish as previously approved for such a price. Mr. Barberino has proposed the following alternatives: 1. He would provide the required number of units as rental housing, earning 2 points per unit under the moratorium program. or 2. He would designate an additional six units as affordable housing in addition to the 84 units specified in the current contract. The Town Planner told the members that under the formula provided by the State, the maximum rental charge of a unit at the 60% median income level would be $883.00 per month. He also expressed reservations about introducing rental units into this

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development of owner occupied housing, particularly since all of the current owners expect their neighboring units to be owner occupied. Attorney Robert Reeve, representing Mr. Barberino, stated that he had filed on behalf of his client a petition with the State claiming that their interpretation was contrary to Section 8-30g of the Connecticut General Statutes. After some time had passed, and no action had been taken by the State, Mr. Reeve filed a lawsuit. In January of 2006, the Town Planner, Mr. Barberino and representatives of the State, including counsel from the Attorney General’s Office, met in an attempt to resolve this matter. No progress was made. The Department of Economic and Community Development filed a motion to dismiss Mr. Barberino’s lawsuit asserting that Mr. Barberino had no standing to challenge this interpretation of the statute. The Town Planner concluded his remarks by reviewing three possible outcomes or scenarios with the Commission and the associated point values for each.

Rosecliff Estates – New Britain Avenue The Town Planner, referring to a letter from Pavarella Enterprises, LLC, told the Commission that the developer would like to modify the lot line for Lot # 1, and by waiver, postpone the installation of finished sidewalks within the development until more homes are constructed. The re-configuration of Lot # 1 would permit access to this lot from Blossom Road and not Hyde Road. Upon a motion made and seconded (Wolf/Wallace), it was unanimously VOTED: To approve the lot line revision as submitted for Lot # 1 with the condition that the applicant submit a full landscape plan for the conservation easement located along Hyde Road, in front of lots 1 and 2, to be approved by the Commission. Upon a motion made and seconded (Wallace/Bagdigian), it was unanimously VOTED: To approve the waiver for the postponement of the installation of sidewalks with the following conditions: 1. The applicant shall install and maintain the sidewalk sub-base in accordance with the requirements set forth in the subdivision regulations. 2. All sidewalks shall be installed no later than November 1, 2006, unless otherwise approved by the Commission.

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Old Business Estate of Helen Zaiko Commissioners Brenneman, Bagdigian, Charette, Wolf and Mastrogiavanni voted on this matter. Attorney Dan Silver told the Commission that a letter has now been received from the Metropolitan District Commission concerning the availability of water service for the site. The letter states that this subdivision will not be permitted to be serviced by public water. Attorney Silver noted that this was a surprise since they were relying on information furnished for the nearby Chimney Hill development by the engineering firm, Tata and Howard. Attorney Silver has submitted a request for a waiver to the subdivision regulations to permit the subdivision to be serviced by private wells. In addition, the applicant has offered to install automatic fire suppression systems in each home. Attorney Silver indicated that the project engineer, Mr. Bill Aston, was confident that a well could be satisfactorily installed for each lot. Upon a motion made and seconded (Wolf/Mastrogiovanni), it was unanimously VOTED: To approve the waiver of the subdivision regulations to permit the installation of private wells with the condition that each home is equipped with an automatic fire suppression system installed in accordance with the standards of NFPA 13D along with a back-up generator.

Upon a motion made and seconded (Wolf/Bagdigian), it was unanimously VOTED: To approve the special permit and subdivision for five lots at 127 Mountain Road with the following conditions: 1. That the applicant shall connect to public water if it becomes available during the development of the subdivision. 2. That the applicant comply with items b., e., and f. of the Town Planner’s Agenda Review dated December 30, 2005. 3. That the applicant shall have foundation drains and roof leaders discharging to daylight and to a grass swale. 4. The calculation for cluster subdivision shall be added to the record subdivision map. 5. The applicant shall provide a conservation easement to the Town of Farmington 20 feet in width along Farmington Ridge Drive in front of Lot #1.

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6. Final approval by the Town Engineer. 7. The applicant shall provide a hammerhead at the end of the private road and establish the necessary easements to the homeowner’s association for its location and maintenance. Members voting in favor of the motion found that the plan as submitted met both the criteria found in Article II, Section 19 and Article IV, Section 12 of the Zoning Regulations. More specifically, that this development would be in harmony with the adjacent neighborhood and would provide substantial protection to the wetland resources on the site. Metro Realty Group, LTD. – Zoning Amendment Commissioners Brenneman, Wolf, Wallace, Charette, Beckert and Mastrogiovanni voted on this matter. Upon a motion made and seconded (Wolf/Beckert), it was unanimously VOTED: To approve the amendment to Article II, Section 10.B of the zoning regulations to permit by special permit the uses hotel, motel and inn in a PR-zone. Members voting in favor of the motion found that the proposed uses to be included in the PR-zoning district are compatible with others already found in the zone. Metro Realty Group, LTD. – Assessor’s Map #131, Lots 6 and 7, Colt Highway Upon a motion made and seconded (Beckert/Wallace), it was unanimously VOTED: To approve the special permit for a hotel/motel building for property known as Assessor’s Map #131, Lot #’s 6 & 7, Colt Highway. Members voting in favor of the motion found that the proposal, as submitted, is in harmony with the adjacent neighborhood, which contains a number of mixed uses. They also made a finding that the proposed hotel/motel would not be a heavy generator of traffic, particularly at the peak travel times. Finally, the Commissioners felt that the issue of competition between this proposal and other hospitality uses in the area is not germane to the jurisdiction of the Town Plan and Zoning Commission. J.F.C. Endeavors, Inc. – Assessor’s Map #85, Lot 20C, Plainville Avenue Commissioners Brenneman, Bagdigian, Wolf, Wallace and Mastrogiovanni voted on this matter. Upon a motion made and seconded (Wolf/Wallace), it was unanimously

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VOTED: To modify condition #3 of previous approval by eliminating requirement for the removal of two dwellings in conjunction with special permit and site plan for active adult housing with the condition that the sidewalk be extended to unit 29. Members voting in favor of the motion found that the site plan, as modified, provided adequate separation distance between storm-water quality pond A and the adjacent wetlands without the need to eliminate units 29 and 30. Members further found that the redesign of storm-water quality pond A would reduce the amount of storm-water directed to the adjoining Snowberry Cobble development. Trumpf, Inc. – 111 Hyde Road Mr. Bill Wadsworth of the Casle Corporation presented additional details concerning the proposed installation of a nitrogen tank located to the rear of the existing building. The current 3,000-gallon tank must be filled three to four times a week in order to supply adequate fuel for existing processes at the plant. There is a severe need to have a larger tank on the premises. The tank will exceed the height of the building and cannot be painted a darker color due to the concern of heat build-up. The concrete pad upon which the tank rests must be expanded to accommodate additional pumping capabilities. The expanded pad would be screened similar to the manner it is today today. Upon a motion made and seconded (Wallace/Wolf), it was unanimously VOTED: To approve the installation of the proposed nitrogen tank as presented. Planner’s Report Miss Porter’s School – 11 Maple Street The Town Planner presented a set of revised plans for the addition to the dwelling located at 11 Maple Street. The school decided upon further review that the addition, as originally configured and located, would not work on the site. The addition would contain similar facilities as before including a set of bathrooms. Upon a motion made and seconded (Wolf, Wallace), it was unanimously VOTED: To approve the revised site plan as submitted. Minutes Upon a motion made and seconded (Bagdigian/Wallace), it was unanimously VOTED: To approve the minutes of February 27, 2006, as presented. The meeting adjourned at 11:05 p.m. JO

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