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HomeMy WebLinkAboutZONE CHANGE TO A-30 (4) ti TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION PLANNING AND ZONING COMMISSION ACTION THIS APPLICATION SHALL BE ACCEPTED BY APPLICATION # THE PLANNING AND ZONING COMMISSION AT RECEIVED DATE: THE REGULARLY SCHEDULED MEETING ON THE APPROVAL DATE: FOURTH TUESDAY OF THE MONTH. IT SHALL REJECTED DATE: BE SUBMITTED TO THE PLANNING AND RECEIPT # ZONING COMMISSION OFFICE ONE (1) WEEK PRIOR TO THE FOURTH TUESilAY. APPLICANT: Fredrick P. Mahr ADDRESS: 660 Main:Street; , South Windsor, CT 06074 TELEPHONE # 289-4266 OWNER OF RECORD ON S.W. LAND RECORDS Fredrick P. Mahr, et al ADDRESS:c/o Fredrick Mahr; 660 Main Street; South Windsor,- -CT 06074 COMPLETE DESCRIPTION OF LOCATION OF PROPERTY Located on northeast corner of town, border- ing Ellington Town Line, located at the terminal point of Newmarker Road, as -shown on attached Assessor's Map 150 as Parcel 20 ZONE RR NAME,. ADDRESS & TELEPHONE # OF PERSON TO WHOM CORRESPONDENCE AND INQUIRIES SHOULD BE DIRECTED: Harold R. Cummings, Esquire; Kuehn, Cavanauzh and Cummings, P.C. 1665 Ellington Road, South Windsor, CT 06074 TELEPHONE #644-3473 THIS APPLICATION IS FOR: (CHECK ONE OF THE FOLLOWING) X 1. Zone Change to A-30 Zone (public hearing) 2. Filing for Subdivision 3. Filing for Open Space Subdivision (public hearing) 4. Filing for Resubdivision (public hearing) 5. Special Exception to Article of the Zoning Regulations (public hearing) 6. Site Development Plan 7. Removal of Sand, Gravel, Clay or Quarry Stone & Ore (public hearing) 8. Other (explain in detail) THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE OWNER OF THE PROPERTY AND SUBMITTED ALONG WITH THREE SETS OF PLANS BEFORE IT WILL BE ACCEPTED BY THE PLANNING AND ZONING COMMISSION &Tile C? APPLICANT F drick P. Mahr By OWNER Fredrick Mahr By Muriel Muriel Mahr, Attorney-In-Fact Mahr, Attorney-In-Fact (over) PLANNING AND ZONING COMMISSION JANUARY 8 , 1985 PUBLIC HEARING AND SPECIAL MEETING SOUTH WINDSOR TOWN HALL MEMBERS PRESENT: Conde , Smith, Klenke ALTERNATES PRESENT: Hallowell (sitting for Montana) ; Rossi (sitting for Gilligan) SPECIAL MEETING . Mrs . Smith moved that Robert V. Conde be elected Chairman for this meeting , seconded by Mrs . Klenke and unanimously voted in favor . Mrs . Klenke moved the Special Meeting be recessed until after the public hearing. Mrs . Smith seconded the motion and it was unanimously voted in favor , and so ordered . PUBLIC HEARING The secretary read the legal notice as it appeared in the newspaper, a copy of which is attached hereto. ) nit: 1. Application of ede rom RR to Al-30 for approximately 12 acres located on the Ellington/South Windsor town line, west of Newmarker Road. Attorney Harold Cummings of 1665 Ellington Road, South Windsor, was present on behalf of the applicant. He said that last summer they requested a zone change on this parcel as well as another, for an A-30 subdivision, and it was not granted. 'There are significant differences between this application and the previous one. Last summer it was presum?d the land would be developed from Ellington and the Commission had severe concerns. The Commission has granted zone changes to A-30 for the Natsisky property, which borders this parcel, and the Jean Marc Jacques property. Mr. Jacques controls the Natsisky property, and granting this zone change would be entirely consistent with what the Commission has done in this area. Mr. Cummings said that there is a three way agreement among the Mahr family, Mr. Lavitt, who is the developer from Ellington and controls the land to the north, and Mr. Jacques, who controls the Natsisky and Newmarker properties. The combined properties could produce a subdivision containing approximately 162 lots, and Mr. Cummings showed the Commission a conceptual plan prepared by Meehan Associates, dated Oct. 1984. Jean Marc Jacques will exercise his options on the Natsisky and Newmarker properties and the Mahr piece will be acquired by him. Access to the proposed subdivision will be off Dart Hill Road and will be extended in phases to reach the Mahr property. The Mahr property will drain into the Newmarker and Natsisky properties. They are proposing a development in four phases with approximately 40 acres in each phase. Sewers are available, and as part of the package Mr. Lavitt brought Connecticut Water to the edge of his property. There are plans to sewer into Vernon and South Windsor. Planning & Zoning Commission -2- 1/8/85 Mr. Cummings noted that the only access to this piece is a right-of-way called Newmarker Road and it does not meet Town standards. If this zone change is not approved and this land does not become part of the JMJ development, the applicant will be unable to do anything with this land since the Commission has already denied access from Ellington. Planning Director Peter DeMallie reported that he -has not seen the conceptual plan presented this evening. He noted the Commission did previously deny the zone change request for this land, and the zone has been changed to A-30 on about 130 acres south of this property. The Town Plan calls for low density development, which is one family per acre. There is still no inter-town sewer agreement, but it is in the works. Mr. DeMallie concluded that he is not opposed to this zone change. Mr. Conde asked if a report had been received from CRCOG, and the secretary noted that it has not yet been received although CRCOG was given the required 35 day notice. She noted that in the previous application which the Commission denied, CRCOG had noted there was no apparent conflict. The Town Engineer, Rick Martel, stated he had no comments on this zone change. Attorney Ray LeFoll spoke in favor of this application, and stated that he represents Jean Marc Jacques, who owns 70 acres on Newmarker Road. Mr. Jacques has a bond for deed on the Natsisky parcel, and Mr. LeFoll submitted a copy of it to the Commission. Mr. LeFoll said he requests approval of this zone change to allow inclusion of this parcel with the other 130 acres Mr. Jacques plans to submit for subdivision approval. He noted it is logical to include this parcel. Mr. Jacques has an option agreement with Mr. Lavitt and they will exercise it immediately upon approval of the zone change. They are pursuing the inter-town agreement for sanitary sewers. Mr. Joseph Natsisky of Newmarker Road said he is opposed to the proposed zone change. He owns the adjacent parcel and is against it. All of the water from Mahr's land drains into his land. Lavitt's houses on Grant have pipes and the water runs into the woods and eventually into his land. It is nothing but a swamp, and Mr. Natsisky said he would appeal this matter if it is approved. Mr. Natsisky said he used to grow tobacco and potatoes here, and he gave an option to JMJ, and he wishes he hadn't. The Chairman asked Mr. Natisky to point to his property on the conceptual plan which was submitted earlier, and Mr. Natsisky did so. Commissioner Hallowell said that one of the requirements for a zone change is that the up and downstream flooding must be addressed. Mr. Cummings referred to the conceptual plan, and said Phase one of the proposed development will involve a large detention area. The area of concern is going to be acquired by JMJ, and drainage will go in first and the road network will be extended north so that by the time it reaches the Mahr parcel the drainage will be in place. The proposed development will enhance an existing problem by putting in detention and control devices. Mr. Hallowell said the Commission does not have elevations, but if they can't sewer the back portion into South Windsor, how is it going to be drained into South Windsor? Mr. Ken Smith of Reino Hyyppa & Associates said they have done some preliminary investigation and basically drainage flows north to south and that is where the detention basin would go. Regarding the sanitary sewer, they are in the process of laying it out on a preliminary plan and most of the sewers Planning & Zoning Commission -3- 1/8/85 will go into Vernon. The specifics have not been worked out yet. Commissioner Rossi asked how much land would remain in Mr. Natsisky's name if this project goes through, and Mr. LeFoll said about 2.3 acres located on the southerly portion. Mr. Conde asked for clarification of whether the property to the south had already been zoned A-30, and Mr. DeMallie said it is A-30. The option is for ownership of the land. 6. App. #1034 - Frederick P. Mahr, Zone Change, 12 acres, Ellington/South Windsor Town line - RR to A-30 Mr. DeMallie noted that the total acreage in this area is actually 143 acres, and not 162 acres as represented at the public hearing. The Chairman read the letter which the Commission received from CRCOG which stated in part "no apparent conflict with regional plans and policies. . . . .as long as traffic volume and safety concerns in the vicinity of the site, especially at the intersection of Wapping Wood Road and Grant Road in Ellington, are addressed by any future development plans." Mr. Martel reported that the sewers can be worked out, and Mr. DeMallie noted that it is a matter of finalizing an agreement. There was a brief discussion and the Commissioners recalled when the zone change request for this parcel was previously denied it was because access to the site would be from a dirt road in Ellington. Now that the parcel is tied into the acreage to the South, access will be from South Windsor. Planning & Zoning Commission -4- 1/29/85 Mrs. Rossi made a motion to approve the above application for a zone change from RR to A-30, for approximately 12 acres located on the Ellington/South Windsor town line, west of Newmarker Road, as shown on a map prepared by Datum Engineer- ing & Surveying, dated Nov. 7, 1984. Within ninety (90) days from the date of approval (by 4/29/85) a plot plan (l" = 40') must be submitted showing the distance and bearings of all boundary lines and acreage of the land where the zone change was granted. It shall be drawn in accordance with the rules and regulations of the State Board of Registration for Professional Engineers and Land Surveyors and submitted on a black and white mylar, together with three paper prints. The mylar will be signed and stamped by the Commission and filed in the Town Clerk's Office. The effective date of this zone change will be the date the mylar is filed in the Town Clerk's Office. Mrs. Smith seconded the motion. Mrs. Montana noted for the record that although she was not at the public hearing in this matter, she read the Minutes and is fully familiar with the site in view of the fact that a similar application for this parcel had been submitted a few months ago, and was denied. Mr. Gilligan said the same applies to him, and these circumstances are only slightly different. Mr. Sorenson said that he, too, was absent from the public hearing but also read the minutes and is fully familiar with this matter. The Chairman noted there was a motion on the floor to approve this application and called for a vote. Voting in favor of the motion were Commissioners Rossi, Smith, Sorenson, Conde, Montana and Gilligan. Commissioner Sorosiak abstained. the motion was duly carried by an affirmative vote of six, with one abstention. I � f`t MEW 4' • i � � 1 s crccg CAPITOL REGION COUNCIL OF GOVERNMENTS 214 MAIN STREET — HARTFORD, CONN. 06106 A. Tel. 203 522-2217 EAIyMENrs DANA S HANSON EXECUTIVE DIRECTOR a i TOWN PLANNING AND ZONING COMMISSION REPORT ON ZONING REFERRAL #84/220 TOWN OF SOUTH WINDSOR January 9, 1985 f COMMISSIONERS: • Receipt is acknowledged of the above-numbered referral . Notice of this proposal was transmitted to the Planning Division of the Capitol Region Council of Governments under the provisions of Section 8-3(b) of the Connecticut General Statutes, as amended. This referral involves zoning map change from RR to A-30 for a parcel of 12+ acres lo- cated on Newmarker Road in South Windsor. Northwest corner of parcel is located in Ellington. COMMENTS: The staff of the Regional Planning Commission of the Capitol Region Council of Govern- ments has reviewed this referral and finds no apparent conflict with regional plans and policies or the concerns of neighboring towns, as long as traffic volume and safety concerns in the vicinity of the site, especially at the intersection of Wapping Wood Road and Grant Road in Ellington, are addressed by any future development plans. Questions concerning this referral should be directed to Chris Singley. In accordance with our procedures for reporting on routine referrals, the letter will constitute final CRCOG action on this referral . The public hearing was held on 1/8/85. DISTRIBUTION Respectfully submitted, 1 TPZC: South Windsor, Ellington Barbara Surwilo, Chairman Planner: South Windsor Frank Dzurenda, Vice-Chairman 's Regional Planning Commission t Clearinghouse Representative a- f t t i i C A VOLUNTARY COUNCIL OF GOVERNMENTS FORMED TO INITIATE AND IMPLEMENT REGIONAL PROGRAMS OF BENEFIT TO THE TOWNS AND THE REGION. ;r. 1 r ` Sh_•;'17jr.Y > . *. ,w �w ,.* y ,rl+....,r y�,7..,. .; ,.. ,': ..� -r1 ,•Z!M�1�11A'�,^ �ItoMN af,tCIO �o ran Soaih ?d&U&Ot G D U 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 tiosoR.00 AREA CODE 203/644-2511 January 30 , 1985 Harold R." Cummings, Esq . 1665 Ellington Road South Windsor, Ct . 06074 Dear Sir: Re : App . #1034 - Frederick P . Mahr Please be advised that the Planning and Zoning Commission voted to approve the above application for a zone change from RR to A-30 , for approximately 12 acres located on the Ellington/South Windsor town line , west of Newmarker Road , as shown on a map prepared by Datum Engineering & Surveying, dated Nov. 7 , 1984 . Within ninety (90) days from the date of approval (by 4/29/85) you must submit a plot plan (l" = 40 ' ) showing the distance and bearings of all boundary lines and acreage of the land where the zone change was granted . It shall be drawn in accordance with the rules and regulations of the State Board of Registration for Professional Engineers and Land Surveyors and submitted on a black and white mylar , together with three paper prints . The mylar will be signed and stamped by the Commission and filed in the Town Clerk' s Office . The effective date of the zone change shall be the date the mylar is filed in the Town Clerk ' s Office . Yours very truly , PLANNING AND ZONING COMMISSION vg By: Robert F. Gil igan, Ch irman CC: P . DeMallie , Planning Director E . Belleville, Assessor R. Martel, Town Engineer w• �.ra,�sn�.•�..;qp�..-,..n.-..�........" �. --_e a.�_�... �..-.-�:._ -= -' '-- --- , - -'� a..a��....-�..,.w.•.,.......,.,.�, .,.,N...r.,. - _ - - -- -,...�....a ,-.-_.� ..,.,, f� (2D6 24 I • I �i L t 174 525 so. . P 1 AR GEL. Z ' •f :#: "tJ < :q~ �`��. T .0 Yi. .5.. :l _ ;x'.La''.`�'"' - - ' - N 9 4 417.79• 8.90' 244.91' 1330'• f 16 Il � 15 � 7D