MIDDLEFIELD PLANNING & ZONING COMMISSION

405 Main Street

Middlefield, Connecticut 06455

Minutes of the November 12, 2014 Regular Meeting

Chairman Bob Johnson called the meeting to order at 6:34 pm.

Attendance:

Members Alternates

A / Boyle, Kevin / X / Carlson, Brooke
X / Johnson, Robert / X / Brown, Jay
A / Russ, Jerry / X / Wilson, Erin
X / Tyc, Peter
X / Wheeler, Scott / Others
X / Colegrove, Geoff
A / Curtis, Brian
X / Johanson, Alan

A=Absent

X=Present

Jay Brown and Erin Wilson were seated on the Commission.

Public Comment

No one from the public wanted to make any comment at this time.

Report of the ZEO

Al Johanson reported that he and Geoff Colegrove met with a representative from Quality Roofing of 37 Industrial Park Road and he agreed to submit a letter describing the nature of their activities. As of yet, the letter has not been received. Mr. Johanson will send a letter reminding them that they were supposed to have submitted the letter by today, so they should do so as soon as possible. Geoff Colegrove explained that they told the owner’s representative that a licensed professional engineer would be needed to do the site plan.

Mr. Johanson also mentioned that he and Geoff Colegrove also met with Ernest LeMay of Northeastern Communications and Electrical at 157 Meriden Road.

Al Johanson reported that he had sent a letter yesterday to Richard Gervasi, Peters Lane, making sure that he doesn’t go down the slippery slope of noncompliance.

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November 12, 2014

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Mr. Johanson reminded the Commission that a cease and desist order had been issued to Cozy Oil Company at 22 Lake Road. Mr. Johanson has spoken to Matt Willis, the attorney, and Attorney Willis wrote a letter that was delivered by the judicial marshals to Cozy Oil stating that this was their last chance. As of now, the truck is still there and Mr. Johanson would like to start court proceedings. Geoff Colegrove asked if the business was running out of the property or if the owner just brought the truck home. Mr. Johanson stated that, at the time the cease and desist order was issued, the Secretary of State indicated that the business was run out of the house and that was the official address. That was changed after the cease and desist, but the truck is still there. Mr. Colegrove had sent a copy of the regulations to Matt Willis regarding the size of the trucks allowed and Mr. Johanson commented that the truck is over the weight. Mr. Johanson summarized that he has talked to Daniel Henderson, the owner of Cozy Oil, has sent him several warning letters, sent him a cease and desist, the attorney has sent the last warning and there is nowhere else to go with this.

Bob Johnson commented that he received an email from Attorney Willis that suggested that the Commission make a motion to move to court action, if that is what is desired, and not have it be a directive of the Chairman. Mr. Johnson agrees with Mr. Johanson and feels they have gone as far as possible.

Scott Wheeler made a motion, seconded by Peter Tyc, to enforce the cease and desist order for Cozy Oil at 22 Lake Road, Owner Daniel Henderson. Motion was carried unanimously.

Al Johanson also mentioned that several months ago, the Board of Selectmen had authorized him to be the deputy vehicle person in town, enforcing the abandoned vehicle ordinance. The first case is at 138 Ross Road. Mr. Johanson spoke with Attorney Willis and sent a letter to the owner of the property to remind them they need to be in compliance with the ordinance. That letter was also delivered by judicial marshals. The way this will work is that property owner needs to supply proof of registration, then Mr. Johanson goes to see if the vehicles are operable. If they are not operable, the ordinance comes into play and he will speak to Attorney Willis to initiate the next step to dispose of the vehicles.

Bob Johnson distributed copies of a letter from Powder Ridge requesting the opportunity to informally discuss the addition of two specific summer activities on the property, bicycling and challenge obstacle courses and events. Powder Ridge hopes that the requirement for special permit can be waived because the activities should require no greater parking, no changes to the buildings and will have no different impact on the site, neighborhood or the town than the current activities do. Mr. Johnson suggested that this discussion take place at the December meeting, but recalled that the Commission had already agreed that bicycling is a permitted activity.

Sean Hayes mentioned that the intention was to have an obstacle race training course, however a specific request has come in to hold a Spartan Race there next year. There are no permanent structures. Spartan actually comes in and manages the event. They hold approximately 20 to 30 events across the country. The one proposed for Middlefield would be one of their smaller races initially, but has the potential of growing over the next five years to 3,000 to 5,000 customers over a long weekend. They would actually come before the Commission with an application for the Spartan Race.

Erin Wilson asked that the Commission check to see if they even have the ability to waive the special permit process. Geoff Colegrove explained that they can’t waive specific requirements of the regulations, but can decide on use. Mr. Colegrove will check to be sure it can be done.

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November 12, 2014

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Ernest LeMay, from Northeastern Communication and Electrical, was present at the meeting and explained that he had met with Al Johanson and Geoff Colegrove. They had suggested to Mr. LeMay that he email Bill Warner, from Economic Development, but his email failed to send. Mr. LeMay had a letter describing the use as well as a letter and pictures regarding the loading dock. He had also had a copy of the site plan and is requesting minor modification to the loading dock.

Geoff Colegrove suggested that the key question here is the use and whether it conforms to the regulations. Mr. LeMay has 14 trucks, most of which are not on the site overnight. He has no construction-related types of trailers at this time. Mr. Colegrove had suggested that Mr. LeMay write the two letters to the Commission regarding the use issues and the loading dock.

Ernest LeMay really has no intention of any retail operation. He does intend to go green with the building. Geoff Colegrove reminded the Commission that it doesn’t have to be retail, it just has to fall within the permitted uses. Office use is permitted, so the question is, at this point, is it enough of the building being used for office space. Mr. Colegrove feels it’s a judgment call on the part of the Commission. Discussion continued regarding the uses outlined in the letter and the Commission agreed to act on the uses at this meeting, but to delay the loading dock decision until next meeting.

Scott Wheeler made a motion, seconded by Jay Brown, to approve the use for 157 Meriden Road as an office space for electrical business as per hard copy letter from owner, Ernest R. LeMay of Northeastern Communications and Electrical, LLC, submitted to Alan Johanson and the P&Z Commission. Motion carried unanimously. Mr. LeMay will continue to be in contact with Geoff Colegrove and Al Johanson.

Bob Johnson apologized to the audience for going over on the time for the public hearing. Scott Wheeler then made a motion, seconded by Peter Tyc, to close the Planning and Zoning Commission meeting and move to public hearing at 7:19 pm. Motion carried unanimously. The public hearing was opened at 7:20 pm.

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Public Hearing

Lovley Development, Inc., Ross Farms Estates; Application for Approval of Subdivision or Resubdivision

Bob Johnson explained the public hearing process and the seating remained the same as for the regular meeting, Bob Johnson, Scott Wheeler, Peter Tyc, Jay Brown and Erin Wilson. There were no objections to the seated members.

Geoff Colegrove read the legal notice into the record.

Attorney John Corona, from Lang & Corona, was at the meeting representing the applicant along with Mark Lovley, principal in Lovley Development, and Andrew Quirk, project engineer from Kratzert Jones. Attorney Corona provided the Chairman with copies of certificates of mailing for the required notice. Attorney Corona also had a photograph of the posted sign.

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November 12, 2014

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Attorney Corona explained that the purpose of the hearing was to discuss an application which is really the second phase of the former Drega property on Ross Road. Lovley Development has become the owner of the property since the last meeting.

The applicant had previously applied for a zone change that was approved and they are now here for a subdivision application and/or a site plan. Attorney Corona reviewed their presentation and explained that the site is approximately 14.5 acres located on the east side of Ross Road. The owner has been to the Inland Wetlands Commission and received approval for the project. They have also received a zone change for the ECRD and Attorney Corona submitted a letter stating that the application was reviewed by the Fire Department and has been approved.

Attorney Corona explained that the layout has not fundamentally changed since the ECRD application, but did want Andrew Quirk to review it for the Commission. Attorney Corona also has provided 15 copies of the most recent revisions.

Andrew Quirk, principal and professional engineer at Kratzert Jones, also reviewed that full-sized copies of the revisions were provided addressing the Town Engineer’s comments. Mr. Quirk also submitted comments and responses to the Town Engineer’s review comments. Attorney Corona explained that they believe they have addressed all of Brian Curtis’ comments.

Andrew Quirk reviewed the proposed project. The parcel is 14.2 acres along Ross Road, bounded by residential properties to the north, west and south and an open, wooded parcel to the east. There is a wetlands area along Ross Road that drains to the north. There is approximately 1.9 acres of delineated wetlands on the property. A permit was granted in May by the IWWA for building a road and stormwater management within the upland review area. The zone change to ECRD2 was granted in July, 2014 to allow for more environmentally-conscious cluster development which is what is on the plans.

Mr. Quirk explained that they are before the Commission tonight for an 11-lot subdivision. The proposal is under the ECRD2 regulations. The applicant is proposing 4.8 acres of open space which is about 34 percent of the property which exceeds the minimum requirements. Thirty-six percent of the dedicated open space is wetland areas, including two vernal pools. The density calculations yield 12.8 residential units for a property of this size and wetland constraints, and the applicant is proposing 11 lots. All the lots will be served by private wells and septic systems which were approved by the Health Department approximately two years ago.

Mr. Quirk explained that they are proposing a town road from Ross Road, coming across the wetland area and terminating in a cul-de-sac. It will be approximately 980 feet of a 24-foot wide town road which meets the town’s standards. Cape Cod curbing is proposed throughout, in line with the environmentally-conscious design. Stormwater management has been designed and reviewed by the Town’s consultant as well as the Wetlands Commission. There is a high point in the middle of the road, a catch basin collection system near the cul-de-sac and another one towards the westerly portion of the road which are tied to two stormwater basins. They have been designed through the 100-year storm event and there has been a thorough analysis of the stormwater quality. Mr. Quirk also explained that fire protection is provided through a 15,000-gallon underground storage tank which has been designed to service all of the homes.

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November 12, 2014

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Andrew Quirk went on to explain specifics of the project, including responses to the Town Engineer’s comments. Item 1regards the lien for the conservation easement which has been submitted with regard to the open space area. They have a suggested list of street trees and have identified locations within the subdivision which is basically at 50-foot intervals. These trees are shown on the plans.

Mr. Quirk also explained that no additional streetlights have been proposed as they didn’t want to create any additional light pollution. There is presently a streetlight just to the west of the intersection off of one of the utility poles which should provide sufficient light at the intersection. The houses are generally 30 feet off the roadway, so they feel that lighting should be sufficient with landscape lighting and ambient lighting. The applicant is open to recommendations from the Commission, but the thought was to be as environmentally-conscious as possible.

Andrew Quirk also explained that they have tried to work closely with neighbors and one of the issues raised was with regard to a privacy fence along the southerly border. The privacy fence is included in the plans and has been agreed upon with the neighbor. The fence will be maintained under the responsibility of the homeowners’ association. Scott Wheeler asked if there will be an HOA and Mr. Quirk explained that the plan is to have an HOA for conservation of the open space area anyway. Attorney Corona explained that this was planned to be established as a Aplanned community@ which is a type of condominium under the Common Ownership Act. The actual ownership of the open space property, unless the Town wants to own it or a land trust or other entity wants to take it, will be deeded to the homeowners’ association which would own it, but subject to a conservation easement. Attorney Corona received a conservation easement from the Town’s counsel if the Commission would like to see it. The developer has decided that he would like to restrict use of the open space to a conservation easement area that would not allow recreational activities or other improvements.