DRAFT MINUTES

Town of Canton

Canton Planning Commission

Regular Meeting

Monday, November 5, 2012, 7:30 p.m.

Library Community Center, Room F

40 Dyer Avenue, Canton, CT

CALL TO ORDER: Chairman Rosemary Aldridge called the meeting to order at 7:32 pm

ROLL CALL: Present: Rosemary Aldridge; Bruce Mortimer; Jonathan Thiesse; Drew Magnan, David Evans; Michael DiPinto; David Freeman. Also Present: Neil S. Pade, Town Planner.

REGULAR MEETING

OLD BUSINESS:

1.  File #536; Livingston Road; Assessor’s Map 4-3; Parcel 2; Zone AR2; Discussion of 75, 76 and 80 Dartmouth Drive; Mansour Developers owner.

Mr. Pade began the discussion by explaining that at the October Planning Commission meeting reports from the Town’s engineer, Mr. Ray Gradwell of BL Companies, were reviewed. The reports ranged from August 7 thru October 9 and found that the Erosion and Sedimentation Control Plan, as installed, was not operating properly. The Commission asked Mr. Pade to notify the developer, Mr. Mansour, that the town would not be issuing final approval on the subdivision plans until a properly functioning E&S control plan was in place. Mr. Mansour was instructed to submit a plan for the commission to review.

Since the October meeting there have been many discussions with staff, the developers and towns engineers and with the developers and towns attorneys. Final mylars for the subdivision were signed and filed after sufficient responses from the developer’s engineer, Mr. Tom Daly of Milone & MacBroom, were reviewed by Mr. Gradwell. Mr. Mansour and Mr. Daly have been asked to attend this meeting to explain to the commission and the neighbors what has been done to stabilize the site now and what has been done to ensure that it will remain stabilized in the future relative to erosion controls.

Mr. Mansour discussed measures that were taken in detail in terms of stump grinding, grass growing, re-grading, paving, installation of three temporary stone sedimentation ponds, stump grinding berms, check dams, and new silt fencing. Mr. Mortimer asked about plans for maintenance of the measures that were put in place. Mr. Mansour answered that there will be vigilant monitoring of the site, especially when there is rain. Mr. Daly and Mr. Gradwell agreed that the monitoring is sufficient and that the site will need to be visited after every rainfall and will need particularly vigilant monitoring in the Spring.

There was additional discussion about a report from Mr. Gradwell on October 29. Mr. Daly stated that those issues had since been remediated.

Ms. Aldridge opened the meeting up to neighbors in the audience.

Carson & Beth Payne, 80 Dartmouth Drive, began the presentation to the commission. The presentation centered on water mitigation, installation of drainage and restoration for properties that were damaged by focused water runoff from the Livingston subdivision, mainly 80 and 76 Dartmouth Drive. Rain events caused damage and silt and mud flow through these properties and remediation efforts have not been completed. Mr. Payne discussed the problems at length and also offered ideas for solutions.

Mr. Thiesse noted that the town may not have jurisdiction to get involved in what appears to be a private matter between the land owners on Dartmouth Drive and the land owners above their properties.

Jason Glasgow, 76 Dartmouth spoke stating that while he realizes that this dispute may not be settled at this meeting, but he does feel the town has a responsibility to the effected homeowners. Mr. Pade explained that there is an erosion control bond in place but he isn’t sure of the commission’s legal authority beyond that.

Mr. Mortimer stated that he thought a reasonable move to make at this point would be to have the Town’s attorney review what was presented that this meeting and give counsel as to the next steps to be taken.

Mr. Payne and Mrs. Payne gave some further details as to the current state of the conditions. Ms. Aldridge stated that the commission will seek counsel on their role in the mitigation.

Motion: by Mr. Mortimer to continue File #536 Livingston Road to the next regular meeting on December 3, 2012. Second by Mr. Evans.

Vote: Aldridge-yes; Mortimer-yes; Thiesse-yes; Magnan-yes; Evans-yes; DiPinto-yes.

NEW BUSINESS:

1.  File #489; Hoffman Farms Subdivision; Fee requirement for road acceptance processing.

Mr. Pade explained that Mr. Dan Bahre, from Canton Village Construction would like to move forward with bringing the remaining portion of roadway in this subdivision forward for acceptance. Mr. Bahre agreed to pay the fee proposal for the Town’s engineering review and some construction monitoring. The amount of $4,400 has already been received from the applicant.

Motion: by Mr. Mortimer for File #489, Hoffman Farms Subdivision, the Commission in accordance with Chapter 248 of the Town of Canton Town Code, requires an additional fee of $4,400 for the processing of road acceptance and construction monitoring services. Second by Mr. Evans.

Vote: Aldridge-yes; Mortimer-yes; Thiesse-yes; Magnan-yes; Evans-yes; DiPinto-yes.

2.  Discussion of standard language for Development Agreement.

Mr. Pade explained the importance of having standard language for Development Agreements and Bonding Policies. The commission members will need to review and edit the draft language and discuss at future meetings. Mr. Pade reiterated that having standard language clarifies and makes these documents more binding. A lengthy discussion ensued.

3.  Review of standard language for Bonding policies and procedures.

This item was discussed in conjunction with the item above.

OTHER BUSINESS:

1.  Approval of minutes of 10/01/12.

Minutes of October 1, 2012 approved as submitted.

2.  Approval of 2013 Meeting Schedule

Motion: by Mr. Thiesse to accept the 2013 meeting schedule as submitted. Second by Mr. DiPinto.

Vote: Aldridge-yes; Mortimer-yes; Thiesse-yes; Magnan-yes; Evans-yes; DiPinto-yes.

3.  Discussion of Plan of Conservation and Development Update

Mr. Thiesse prompted a lengthy discussion regarding items that are currently being discussed with the POCD update committee.

4.  Staff report

Mr. Pade stated that he has completed the body of the text for the zoning rewrite. The draft document will need to be reviewed from cover to cover by the Planning Commission. He expects the draft to be ready for review by the end of January.

ADJOURNMENT:

MOTION: by Mr. Evans at 9:33 pm. Second by Mr. Thiesse.

VOTE: Thiesse-yes; Mortimer-yes; Magnan-yes; Aldridge-yes; Evans-yes; DiPinto-yes.

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