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HomeMy WebLinkAbout04-35P City Vista Resubdivision TOWN OF SOUTH WINDSOR PLANNING& ZONING COMMISSION 1 APPLICATION FORM Application No: QY-35? RECEIVED Official Receipt Date: 5111101 Receipt No: MAY 0-7.2004 SOUTH WINDSOR PLAWNG DEPT. APPLICANT: Elaine D. Gerlt PROJECT NAME: City Vista b ADDRESS: P-0- Box 1132, South Windsor, CT 06074 OWNER OF RECORD ON LAND RECORDS: Same as applicant ADDRESS: COMPLETE LOCATION OF PROPERTY: Northeast Corner of Felt Road and Ridgefield Drive ASSESSOR'S MAP# 65 PARCEL# 77 ZONE AA-30 NAME, ADDRESS, TEL 86 FAX# OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED: Judy Schuler, Design Professionals, Inc. , 165 South Satellite Road South Windsor, CT, 860-291-8755, Fax: 860-291-8757 THIS APPLICATION IS FOR: (Check all that apply): ❑ Zone Change to (Public Hearing required and Certified letter to abutters required) ❑ Subdivision/Re subdivision ❑ Open Spate Subdivision (Public Hearing Required) ❑ Subdivision ❑ Minor ❑ Major ® Resubdivision(Public Hearing Required) El Minor❑ Major ❑ Conditional Approval ❑ Special Exception to Article (Public Hearing, Certified letter to abutters required) ❑ Site Plan of Development ❑ General Plan of Development ❑ Earth Filling (Sec. 15) and/or Earth Removal (Sec. 14 - Public Hearing required) ❑ Regulation Amendment: ❑ Zoning ❑ Subdivision (Attach proposed amendment) ❑ Temporary and Conditional Permit for ❑ Major Home Occupation for ❑ Other (explain in detail) An Application Pending sign is required to be posted on the property for all applications ten (10) days prior to being heard by the Commission. Signature of Appl;e t Signa re o o Owner DESIGN PROFESSIONALS, INC. civil engineers ♦ planners ♦ surveyors gis ♦ gps ♦ landscape architects Transmitted via certified mail May 7,2004 RECEIVED Dear Current Abutting Property Owner MAY 0 7 2004 SOUTH WINDSOR PLAWNG DEPT. Re: City Vista Subdivision DPI Project No. 04-1880 Felt Road and Ridgefield Lane South Windsor, Connecticut In accordance with regulations of the Inland Wetlands Agency and the Planning&Zoning Commission, we are required to notify you that applications have been filed on the property abutting yours and are subject to a hearing(s) or meeting(s)by the Planning&Zoning Commission and the Inland Wetlands Agency. The applications and plans are on file with the South Windsor Planning Department in the Town Hall. As an abutting property owner you are invited to the hearing(s)to ask questions and/or give comments, however, you are not required to attend. You may also submit written comments regarding the application(s)prior to the meeting if you so desire. For further information regarding the specific date this application(s)will be heard, please contact Kelli Koehler, Recording Secretary, Michele Lipe, Deputy Planning Director, or Jeff Folger, Environmental Planner at the South Windsor Planning Department at 644-2511, ext. 253, 252, or 229, respectively. Thank you. Sincerely, DESIGN FESSI NALS, INC. By: Peter R. DeMallie President&Principal cc: Marcia Banach Wayne Gerlt, Esq. Judy Schuler 165 South Satellite Road, South Windsor,Connecticut 06074 Tel:(860)291-8755•Fax: (860)291-8757 E-mail:dpicivil@aol.com RECEIVED Direct Abutters List City Vista MAY 0 7 2004 Felt Road and Ridgefield Lane South Windsor, Connecticut SOUTH WINDSOR PLANNING DEPT. DPI Project No. 03-1880 Map/Lot No. Pro a Owner Mailing Address 65/75 John H. Whiton 24 Tallwood Drive 65/76 Diane B. Carroll 328 Felt Road 65/78 Richard A. Jr. &Janet M. Whitbeck 25 Ridgefield Drive 65/128 Richard S. &Doris M. Mrugala 37 Ridgefield Drive I t�05014 -6- 9/1o/Ss E w Tanning & Zoning Commission _ Planning & Zoning Commission -5- 9/10/85 +a ay include Mountainview, Pleasant Valley Homes II, Blue Spruce Estates, eechwood. The secretary noted that Morgan Farms has been submitted Mr. Martel said the 100 year storm does not affect the site and should o the office, but not yet received by the Commission. It was finally be noted on the plans, and the proposed 12" ductile iron pipe should agreed that anything which has actually been submitted to the office, or w xygy be increased to 15" to be consistent with the Subdivision Regulations. y g would pplications for subsequent phases of developments underway, Mrs. Klenke made a motion to approve the above application for a sked tecifill icallVeaboutrned bWindshire Abbe, Phase IIIhy the old regulationse ThenCommissionaagreed that ~ M site plan of development for property located on the north side of P y Tans when Phases Sullivan Avenue, as shown on the plans prepared by Meehan Associates, that phase had never really been shown on p dated 9-29-84, revised to 8-7-85, File No. 841159, in an Industrial phasedIIIwisesubmitteda itT should rbe governed e, if andhby the anewlregulations. Zone, subject to the following modifications: 1. The plans should note that the 100 year storm does not r. Hallowell made a motion to amend the Zoning Regulations, effective affect this site. eptember 20, 1985, as follows: latt 2. The proposed 12" ductile iron pipe should be increased to 1511 Section 5 2 Widtheinlanof 30ezoneYisd reduced s and efrom 150ufeetetos120 feet. to be consistent with the.Subdivision Regulations. inimum Lot inimum Each Side Yard in an A-30 zone is reduced from 20 feet to 15 feet. 3. No building permits will be issued until the final plans are 3.b is deleted as written and shall now read as follows: on file in Office.the Town Clerk's Section 5 all conform to the following e held der this se ction Lion shall •r� - 'n must b � d under site work a meets rove 4. Prior to commencement of s g Lots approved with Town Staff. schedule, rather than the schedule in Section 5.2: Minimum Minimum Within 90 days from the date of approval (by December 9th) black Minimum Lot Depth and white transparent mylars, with the letter of approval of this Zone Lot Area Lot Width Commission reproduced thereon, together with three paper prints, 150 ft. must be submitted to be stamped and signed by the Commission. 20,000 s. f. 100 ft. After signing, they will be filed in the Town Clerk's Office. AR40 30,000 s. f. 120 ft. 125 ft. �- AA-30 25,000 s. f. 120 ft. Mr. Sorenson seconded the motion and it was unanimously voted in favor 100 ft. 125 ft. -30 20,000 s. f• 90 ft 110 ft. and so ordered. A-20 15,000 s. f. Mr. Hallowell suggested that perhaps the guidelines should be changed Minimum Minimum Minimum regarding the 100 year storm, since it appears lately we've been having Front Yard Rear Yard Side Yard 3 a lot of storms of that severity. Mr. Conde said he thinks the 20- ne State uses a 300 year storm guideline, and the Corp of Engineers 50 ft. 10 ft. 50 ft. use 500 years. Mr. Martel explained that in August there was a R 50 ft. 15 ft. short duration 100 year storm in the northern part of Town. About -40 50 ft. 15 ft. 50 ft. 40 ft. 2i inches fell in less than one hour. He said the definition of a AA-30 10 ft. 40 ft. � I! 100 year storm is that storm which has a 1% chance of falling. A -30 50 ft. 10 ft. i ! discussion ensued, and Chairman Gilligan said that this should be an -20 40 ft. 30 ft. agenda item since it will take some discussion. The secretary was Maximum Miximum Lot Coverage Maximum instructed to place the item on the agenda when possible. Zone Stories Height ------ 6. Zoning Amendment - Lot Sizes - Open Space R, A-40 he Planning Director reviewed the proposed changes. A public hearing A-30, j T _-30, 2`� 30 ft. 15% complied with. had been held on the proposed amendments on July 2, 1985. A her I. '611 other requirements of Sections 5 and 6 shalwith." i l be A lengthy discussion ensued regarding whether or not projects which were underway should be required to conform to the new regulations for subsequent phases. Mrs. Montana said she thinks projects which rs. Montana seconded the motion, and it was unanimously voted in favor. are in the works whould be under the old regulations, even if there are j, 50 phases. Mr. Gilligan pointed out that the Commission is not looking �, to punish developers. It was noted that currently the projects under Vvuv z� 5 APRIL 12, 1988 V PLANNING AND ZONING COMMISSION 4 Altus„ pLpNNING AND ZONING COMMISSION AP 12 v �Mi9g� i "! extended up to Ridgefield Drive. Town staff are in agreement four acres would be given over as open space land, bringing the tot , that the engineering difficulties involved in an extension of open space property in the area -- including adjacent parcels - to �, ti; Rid efield Drive through to Foster Street are overwhelming, and approximately 24 acres. The two parcels would be deeded to the Townfi, i y we su port the applicants' request that the street not be Atty. Alter proposed that this was in accordance with the Town Plant extended. It should be noted, however, that Town staff do not with Town regulations for open spaces. He continued on to say thatantl " feel that a through street it unnecessary -- a road is clearly throuahoutconcerns thathad wasbeen the wish of ethethat Commissioniks could and thatbmainteid�`' necessary but is impractical at this location. 4 panne of the open space parcels could be provided by a gravel-base access I The site will be serviced by Connecticut Water and town sewers. road. In conclusion, Atty. Alter said he believed that the Town's;,and �';4' The Superintendent of Pollution Control has indicated that WPCA S E A Engineers' concerns had either been addressed already or could royal is required. addressed; and that subdivision regulations had been met or, if not, ; y' app could be met through further discussions with the engineers. There is no 100-year floodplain on the site, nor are there k, 5alication has een and Town Planner Marcia Hanach presented her report: inl theIWA/CCd by withThis the following c nditions;heard and approved 1. This request is:for an open space subdivision in an AA-30 zone'' a. Road must be paved before construction begins. that would create 25 lots on 22.4 acres. Previous phases of<< b. A $15,000 bond must be posted to ensure compliance with the subdivision were approved under the old open space Erosion and Sedimentation measures. requirements. At the time that the new open space regulations k c, It is recommended to the PZC that the Commission accept were adopted (9-10-85) it was stated in the PZC minutes that'! parcels #90 and 92 as open space. any developments currently under way would still be governed under the old regulations for future phases, thus this only two driveways will be cut onto the cul-de-sac on subdivision, falls under the old requirements. 6• Y Rid efield Drive. A note should be added that the driveways r_ will be spaced widely apart to facilitate snow storage. 2. The minimum lot size for this open space subdivision is 17,5p0 square feet. The proposed lots range from 17,500 to 62,301 ..' `7 Sidewalks are proposed on the north side of Ridgefield Drive square feet (1.4 acres), with 4 lots under 1/2 acre, 16 lots between 1/2 and 3/4 acre, and 5 lots over 1 acre in size. :They and on the east side of Summerwind Drive. The Town would like n` to see sidewalks on both sides of the interior streets, an appear to meet all the zoning requirements with respect to '' also on Foster Street to close the gap across the 50' right-of- dimensional requirements; however, we do need verification that all lots conform to the 10,000 sq. ft. buildable area way. requirement. The open space to be donated to the Town as a Ridgefield gfi result of these 25 lots appears to be that land identified as ,a;,,- 8. The sight line at the intersection of eld Drive and Felt Lot 90 on the key map, totalling just over four acres. (This '.' {','' Road appears to be adequate. The Town has a State grant to information came from the approved subdivision map for Phase eliminate the sight line problem at Felt Road and Oakland Road II, not from the plan currently under review. Clarification is involving a treed bank. needed as to what open space goes with which phase, since the as previously approved Lots #20 and topographic maps for this application indicate two parcels are i,,,, 9. Lots shown on the key map to be deeded to the Town.) This open space is adjacent to the 21 at the east end of Krawski Drive are in actuality not open space previously donated from earlier phases at the east approved lots, per Phase II approval letter. end of the site plus other subdivisions. An accounting should be provided of open space for all phases of Ridgefield so we If approved, the Planning Department would like to see the following can determine that the open space dedication requirements are `' modifications in addition to items already noted: fully met. No open space improvement plan has not been provided at this time and one should be. A 50' right-of-way Key Map has been left at the northeast end of the cul-de-sac to provide a - Arrows indicating direction of drainage flow shown on legend. access into this new open space area. 3. The road network to be built will be an extension of Ridgefield Plot Plan Drive of approximately 600 feet ending in a cul-de-sac, and a �'. ' _ Note is needed that all lots conform to 10,000 sq. ft. road stub off of Rrawski Drive, Summerwind Drive, will be buildable area requirement. City Vista Open Space Resubdivision ! �� 5/25/04 �( 1. Request for approval of an open space resubdivision to create 3 lots (one already under construction), for property located on the westerly side of Felt Road, northerly side of Ridgefield Drive, AA-30 zone. The site size is 1.93 acres. 2. Minimum lot size required in the AA-30 zone for open space lot is 25,000 sf. The minimum lot size proposed is about 26,542 square feet. These lots were originally shown as a part of the original Ridgefield Subdivision. Under the open space formula at the time the maximum number of lots allowed was 74 C ots .t 'Inew lots are frontage lots. Lot #1 is currently under construction and has ss onto Felt Road. The plans indicate that lot #2 will come out onto Felt d and Lot #3 will have its access onto Ridgefield Drive. All lots are n with a turnaround. open space requirement for this subdivision was 10 acres. 10.1 acres of open space was provided with the original phases. 5. There are no regulated wetlands on the property. The applicant does not need IWA/CC approval —the Erosion and sedimentation plans will be reviewed with the building permit applications. 6. Sidewalks currently exist on the Ridgefield Drive frontage and is shown to be extended along the Felt Road frontage. This will complete the sidewalk network in that area. 7. The site will be serviced by public water and sewers. WPCA approval is required. 8. Street trees are shown on the easterly side of the street and located in a street trees easement. The applicant is proposing (8) 21/2 caliper pin oak trees to be planted. 9. There is existing vegetation along the Ridgefield frontage and along the rear of the existing lot. The plans show some of the vegetation being removed along Ridgefield Drive for the drive and re-grading. There is a significant row of evergreens along the easterly property line r is area vsrith tla�C"n,�,m;�� nn 10. If this application is approved, there is are no planning modification to request. �i - -- - - - ..»r _ � y . . . ,Q y - -,.,ti�ws}r}�^� �,'� i �� 't� -3vw. ��,yyrn1 y — _I I s nk il TC z A - �� f ,� � pry d� 1 ' Y 5 -5 � 1 i i f l r � � I it i I � ii If i ! If + i I i � f{ � f a- Ice - -- 3 CC, hue l ftn e,elnc�ter of►lemlp mrtNli aontsw, CN1ry�rtan,►t 1. i Sanl,y J� mebrt Artwnelt,#eti"Ire[gnaw 71rrt F.-0- Awim ._ ►'- 42 I PIN x x; asmssemeat fw in the amount of $1250 shall be = `� r to this Commission. r �ZBA _ 43_p insurance policy shall be subaittad to this ., -eion naming the-Town of-South Windsor tie an insured, - combined single limit for bodilyin _ `_ - -�� � •3 a jury and/ r (2� ty damage in the amount of $11000,000. - y ?p'ication is subject to the conditions of approval A �� znia:,3 Wetlands Algency/Conssrvation'Commission. June 8, 1988 1 co—encement of any sits work, a meeting must be -v-'n Staff.- tr c;ad in the field by the developer must bear the c 1, nuthorimed signature of the Town of South jrq ici:_ p> rmits will be issued until all modifications .- �n com?liad with, and the final plans have been r hc-- Town Clerk's Office.Ll' , costar Street must be completed to close the - r�:.t�Ioen lots shown as 105 and 106 on the key map. I&V9 e>r Lots 57 and 56 to be spaced as far apart as �a rn facilitate snot removal. -Lot creinaga is subject to approval of tha.,Town o Icte oxtent of all slope rights required to l t✓> �l t ro-r-section is needed for entire Summer Rind s Drive ad W c. Drive, Station 3+50 to 6+00. - i n.i v<: Tits 20 and 21 (also shown as i56 and 59 on t";,-ar II) are not approved and must be removed as - f,pprovad and must be distributed among Lots 'OPEN SPACE R$QUIItEMENT BY PHASE —A 61. The north side of Ridgefield Drive evc-� 20 frontage on all lots (Lots 46 - 54); Lot 55 <._r.:inatad. TOTAL OPEN SPACE REQUIREMENT-3.73 ACRES 5 e-;r3 56 must have driveways removed from the cul-de- SECTION NUMBER OF LOTS OPEN SPACE Rue;e i�a provided for all open space parcels, for a - 1 17 .96 AC. acres. 17 .96 AC. ?.c€ requirements bV Phase must be shown on the se 9 .61 AC. 4 23 1.30 AC. walkway is required between roster Street and the TOTAL 3.73 AC -sacs on Krawski Drive and Ridgefield Drive, subject E staff approval. Alter June e, 1908 TOTAL-OPEN SPACE-PROVID$D-10.1 ACRES iatG transparent mylars of Sheets 4 1, 2,-and 3-with - - c ' .Cations, together with three blueprint_copies of sOWNZD BY OTHERS.-NOT APPROVED BY TOWN. c_ plans,-must be submitted to this Commission to lmid a tined. The letters of approvalof this - - a.- —11 as the--Inland Wetlands Agency / Conservation - s:-uxt be_reproduced on the nylars: '-urn. ;ova been signed by the Commission, they will be filing-..in the Office of theTown-Clerk within i_ing these Plans,•a copy of the receipt must be e .....- -fanning Department. - . COMISSION F-all, Jr� =. Gantick, Director of Public Works r. Shaw, Supt. of Pollution Control J. Collins Chief Building Official 3. Belleville, Assessor w. Lanning, ?ire Marshal it. Banach, Planning Director Registrar of Voters -1 Inland wetlands Agency/Conservation Commission aJT� M//Kp�s '^- -/�Q Q 1717117 6,110 -AC File Tchitect/Mginear Pplicant �n r , �,'4YL' a �'c 'r*,YIf+' r` ?r i'� �r•'} fty, 'Wyk,tia�f�,ta' •�+�' { e � t� 'f r ::✓ " "'f'n � �Mn T't rr✓ r q . r,i,y � + � � "CC gyp*aa���h'Yn'✓5(ye r rra r�c'e«� a ,* ay n Vk r ya?r4 4ti o 'a715t "r �`y''' l! 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'� ''•�' .� '''` �eYp�"��"�3�"'" �s R�' 7^k a C-� S� �'+s �' ,;,, nt'c'a^ �S' ..« y-,�«ii 4� n �'�a�,.,. .'. tiw u { r r_ m a. e� lk plt: ti Town of South Windsor Site/Subdivision Surety Policy The following information is intended to facilitate the submission of surety required in connection with a Planning and Zoning Commission(PZC) and/or Inland Wetlands Agency/Conservation Commission approval. The Town of South Windsor will hold the surety for the duration of the project. Upon completion of the required work, the Town(PZC)will release the surety upon written request by the applicant if, after inspection of the required work, town staff and/or appropriate Commission find the work has been completed satisfactorily. Below are the acceptable types of surety for subdivision public improvements, erosion control, wetlands mitigation, landscaping or site improvements. ➢ Letter of Credit—The applicant may provide an irrevocable letter of credit from a bank or other reputable institution acceptable to the Town and in a form satisfactory to the Town. The wording on the letter of credit should be specific to the approved project. It should reference the application number; Commission approval date; name of the preparer of the plans - including project number and all revision dates; and the specific purpose of the bond (e.g., landscaping, erosion and sedimentation measures;public improvements). Example attached. ➢ Bank Checks/Certified Checks—The applicant shall submit a bank check/certified check made out to the Town of South Windsor. This check will be deposited into a Town account. The Town will release the monies (and interest earned) as indicated above. A W-9 Form is required to be submitted with each surety posted. The applicant is responsible for any required IRS reporting of interest earnings. Note: Section 8.1.4.1 of the Zoning Regulations and Chapter 3 Section E "Improvement Guarantees"of the Subdivision Regulations details the bonding procedure and the timeframe for acceptance of public improvements by the Town. Draft 813100 s- Zonin e (o an s i n Section X:Area, Yard and Height Requirements oye 4-D $ 1 q Zone Minimum Minimum Minimum Front Rear Yard Each Side Minimum Yard Setback to Yard Zone Line RR ft. 50 ft. 50 ft. 20 A40 50 ft. 50 ft. 20 ft. AA-30 50 f'. 50 ft. 20 ft. A-30 50 ft. 50 ft. 15 ft. A-20 40 ft. 40 ft. 10 ft. DRZ 40 ft. 40 ft. 40 ft. RC 65 ft. 25 ft. 10 ft. GC 50 ft. 15 ft. 10 ft. GD 25 ft. CD 35 ft. I 35 ft. 25 ft. 10 ft. MF 75 ft. 35 ft.* 25 ft.* RO 50 ft. 50 ft. 25 ft. FP 50 ft. 50 ft. 20 ft. OP 50 ft. 50 ft. 50 ft. 100 ft.** *Where a buffer is required,the rear and side yards shall be a minimum of 25 ft. **Can include buffer requirement. f 10.2.1 No structure, or accessory building, shall be erected or altered, except in accordance with p. these Regulations, on any lot nearer to the street than the building lines, except that where a building line is now legally established at a greater distance such greater dimension shall apply,nor shall anything in these Regulations prohibit the erection which has the required minimum floor area,lot area and lot frontage upon a street f a dwelling 10.2.2 In the case of the subdivision, or resubdivision of a parcel of land containing a minimum of 10 lots where the shape of the parcel, the topography, or other natural features prevent the F best subdivision in strict conformance to the lot sizes and areas required in Section 10.2, such requirements may be modified by the Town Planning and Zoning Commission in not over 10 percent of the lots in such subdivision, so long as the purpose and intent of Section 10.2 is carried out for the subdivision as a whole. 10.2.3 Each lot in future subdivisions of land shall have the frontage required in the applicable zone upon a public street, or upon a proposed public street, shown on a map which has been approved by the South Windsor Planning and Zoning Commission in accordance with the Subdivision Regulations of the Town. 10.2.4 In the case of in-ground swimming rear yard for location of such pool hall be equal to the mi inm swimming pools, the minimum um side yard in that zone. T To preserve the rural appearance for the peaceful enjoyment of the citizens of South Windsor. 157 South Windsor Zoning Regulations For the purpose of providing site flexibility for building arrangement, conservation of land resources and greater efficiency of utility systems, a subdivider may be allowed to reduce the lot requirements in RR, A-40, AA-30, A-30, and A-20 zones, provided the following requirements are met. a. The maximum number of lots to be permitted on a given piece of land is determined by reducing the total acreage by 10 percent for street right-of-way, and by dividing the remaining area by the minimum lot requirement of Section 10.2 for the zoning district in which the subdivision is to be located. For the purposes of determining the maximum number of lots to be permitted, the combined areas of regulated inland wetlands and watercourses,waterbodies, detention areas,utility easements,rights-of-way, or areas with slopes at or ih excess of fifteen percent(15%) shall not be considered as part of the gross acreage. b. Lots approved under this section shall conform to the following schedule, rather than the schedule in Section 10.2: Zone Minimum Lot Area Minimum Lot Minimum Lot Depth Width - RR 20,000 s.f. 100 ft. 150 ft. A40 30,000 s.f. 120 ft. 150 ft. AA-30 25,000 s.f. 120 ft. 125 ft. A-30 20,000 s.f. 100 ft. 125 ft. A-20 15,000 s.f. 90 ft. 110 ft. Zone Minimum Front Minimum Rear Minimum Side Yard Yard Yard RR 50 ft. 50 ft. 10 ft. A-40 50 ft. 50 ft. 15 ft. AA-30 50 ft. 40 ft. 15 ft. A-30 50 ft. 40 ft. 10 ft. A-20 40 ft. 30 ft. 10 ft. Zone Maximum Maximum Height Maximum %Lot Stories Coverage RR,A-40,AA-30, 2 %s 30 ft. 15% A-30,A-20 All other requirements of Sections 10 and 11 shall be complied with. Each approved residential lot shall contain a contiguous buildable area ("buildable" defined as exclusive of regulated wetlands and watercourses, waterbodies, detention areas, utility easements, rights-of-way, or areas with slopes at or in excess of 15%) of at least 10,000 square feet, into which a square of ninety feet by ninety feet (90' x 90') can be located,and on which the dwelling must be located. 158 Section X:Area,Yard and Height Requirements M Connecticut General Statutes and/or any applicable Town zoning regulations, including pursuing any and all remedies and penalties provided for thereunder. 10.4 Buffers The purpose of buffers is to mitigate visual, noise, and other impacts between residential and non-residential zones,and between low-density and high-density residential zones. a. Wherever any residential zone abuts any non-residential zone, a buffer shall be required and must be included on the subdivision plan, general plan of development, and/or site plan of development. The width of the required buffer shall be in accordance with the schedule of required buffers in Section 10.4.1 below. In addition, the buffer shall meet the following criteria: 1. The field of view between abutting residential and non- residential uses shall be obscured visually within five (5) years time to such an extent that activity on the h abutting lot is not immediately apparent; and 2. The field of view between abutting residential and non- residential uses shall be substantially obscured visually by the maturity of the planting. b. In addition to the requirements of Section 10.4.a., wherever a multi-family zone or DRZ zone abuts any other residential zone of lower density, ired and included on the general plan of development and the site plan of development.The width of the required buffer shall be in accordance with the schedule of required buffers in Section 10.4.1 below. In addition, the field of view between abutting high density and low density residential uses shall be substantially reduced but not necessarily obscured both within 5 years time and at maturity. c. All buffers are in addition to required yards (building setback lines). All buffer areas shall be designed by a licensed landscape architect. The buffer design as proposed after five years' time and at maturity shall be portrayed on the landscaping plan and/or the subdivision topographic map; and shall conform to Section 10.4.3, 10.4.4, or i0.4.5, as appropriate. In addition, a profile of a typical section of the buffer as projected at five years'time and at maturity shall be shown. d. Whenever a zone line occurs in the middle of a road, such zone line will be treated as if there is no road for the purposes of this section; and a buffer will be required if the subject J property meets the criteria under 10.4.a or 10.4.b above. e. Clearcutting/harvesting of trees within a buffer area is expressly without prior commission approval. p Y prohibited at any time 161 StJ�o( � ✓i Si V✓� �V ��G.�'1 �t.S � q CHAPTER 2 STANDARD DESIGN REQUIREMENTS FOR SUBDIVISION OF LAND g$CTION Z1 Regulations and Zoning: All portions of any subdivision shall conform to the health and public safety regulations of the Town and the State of Connecticut, to the Town Zoning Regulations , the Town Subdivision Regulations, and the Town Comprehensive Plan of Development. 2.1.a. Lot Shapes : Lot frontage sizes and areas for each zone are defined in the Town Zoning Regulations . 2.1.b. 10% Variation Allowance: Minimum lot area, frontage and depth, where the shape of the parcel, topography or other natural features , prevent the best subdivision in strict conformance to the lot sizes and areas required, may be modified by the Commission in not over 10% of the lots in subdivision. 2.1 .c. Conventional Subdivision: A subdivision designed, planned, and constructed in conformance with these regulations and the provisions of Section 5.1 and 5.2 of the Zoning Regulations of the Town. 2.1.d. Open Space Subdivision: A subdivision designed, planned, Dand constructed in conformance with these regulations and the provision of Section 5.3 of the Zoning Regulations of the Town. This provision permits an alternate method of subdivision design. 2.1.e. Certificates of Occupancy: Before any Certificates of Occupancy are issued, a roadway base and binder course of bituminous concrete, laid according to the Town Standard Roadway Specifications , has to be completed to the satisfaction of the Town Engineer. 2.2 General Design Requirements: All land to be subdivided shall be of such character that it can be used for residential purposes without danger to health and safety. Any land area subject to flooding, as determined by the Commission, shall not be built upon, except as provided in flood plain zones . - 2 - T Subo( , ' Sion Reyla ors CHAPTER 2 STANDARD DESIGN REQUIREMENTS FOR SUBDIVISION OF LAND SECTION Z: Regulations and Zoning: All portions of any subdivision shall conform to the health and public safety regulations of the Town and the State of Connecticut, to the Town Zoning Regulations, the Town Subdivision Regulations, and the Town Comprehensive Plan of Development. 2.1.a. Lot Shapes : Lot frontage sizes and areas for each zone are defined in the Town Zoning Regulations. 2.1.b. LO% Variation Allowance: Minimum lot area, frontage and depth, where the shape of the parcel, topography or other natural features, prevent the best subdivision in strict conformance to the lot sizes and areas required, may be modified by the Commission in not over 10% of the lots in subdivision. 2.1:c. Conventional Subdivision: A subdivision designed, planned, and constructed in conformance with these regulations and the provisions of Section 5.1 and 5.2 of the Zoning Regulations of the Town. 2.1.d. Open Space Subdivision: A subdivision designed, planned, and constructed in conformance with these regulations and the provision of Section 5.3 of the Zoning Regulations of the Town. This provision permits an alternate method of subdivision design. 2.1.e'. Certificates of Occupancy: Before any Certificates of Occupancy are issued, a roadway base and binder course of bituminous concrete, laid according to the. Town Standard Roadway Specifications, has to be completed to the satisfaction of the Town Engineer. 2.2 General Design Requirements: All land to be subdivided shall be of such character that it can be used for residential purposes without danger to health and safety. Any Land area subject to flooding, as determined by the Commission, shall not be built upon, except as provided in flood plain zones. - 2 - Zon ,r) an t� Section X:Area,Yard and Height Requirements '(N Zone Minimum Minimum MiniTrd Front inimum Rear Yard Eachtback to Yard Yaone Line RR 50 ft. 50 ft. 20 A-40 50 ft. 50 ft. 20 AA-30 50 ft 50 ft. 20 A-30 50 ft. 50 ft. 15 A-20 40 ft. 40 ft. 10 ft. DRZ 40 ft. 40 ft. 40 ft. RC 65 ft. 25 ft. 10 ft. GC 50 ft. 15 ft. 10 ft. GD 25 ft. CD 35 ft. I 35 ft. 25 ft. 10 ft. MF 75 ft. 35 ft.* 25 ft.* RO 50 ft. 50 ft. 25 ft. r FP 50 ft. 50 ft. 20 ft. OP 50 ft. SO ft. 50 ft. 100 ft.** *Where a buffer is required,the rear and side yards shall be a minimum of 25 ft. **Can include buffer requirement. t 10.2.1 No structure, or accessory building, shall be erected or altered, except in accordance with these Regulations, on any lot nearer to the street than the building lines, except that where a building line is now legally established at a greater distance such apply,nor shall an greater dimension shall anything in these Regulations prohibit the erection or alteration of a dwelling which has the required minimum floor area,lot area and lot frontage upon a street. 10.2.2 In the case of the subdivision, or resubdivision of a parcel of land containing a minimum 10 lots where the shape of the parcel, the to of best subdivision in strict conformance to the lot and areas required features Section 10.2, such requirements may be modified by the Town Planning and Zoning Commission in not over 10 percent of the lots in such subdivision, so long as the purpose and intent of Section 10.2 is carried out for the subdivision as a whole. 10.2.3 Each lot in future subdivisions of land shall have the frontage required in the applicable upon a public street, or upon a proposed public street, shown on a map which has been approved by the South Windsor Planning and Zoning Commission in accordance with the Subdivision Regulations of the Town. 10.2.4 In the case of in-ground swimming pools and above ground swimming pools, the minimum rear yard for location of such pool shall be equal to the minimum side yard in that zone.�( 10.3 Open Space Subdivision To preserve the rural appearance for the peaceful enjoyment of the citizens of South Windsor. 157 f i- S f 3 v South Windsor Zoning Regulations For the purpose of providing site flexibility for building arrangement, conservation of land ; resources and greater efficiency of utility systems,a subdivider may be allowed to reduce the lot requirements in RR, A-40, AA-30, A-30, and A-20 zones, provided the following requirements are met. a. The maximum number of lots to be permitted on a given piece of land is determined by reducing the total acreage by 10 percent for street right-of-way, and by dividing the remaining area by the minimum lot requirement of Section 10.2 for the zoning district in which the subdivision is to be located. For the purposes of determining the maximum number of lots to be permitted, the combined areas of regulated inland wetlands and watercourses,waterbodies, detention areas,utility easements,rights-of-way, or areas with slopes at or ih excess of flfteen percent(15%) shall not be considered as part of the gross acreage. b. Lots approved under this section shall conform to the following schedule,rather than the schedule in Section 10.2: Zone Minimum Lot Area Minimum Lot Minimum Lot Depth Width RR 20,000 s.f. 100 ft. 150 ft. A-40 30,000 s.f 120 ft. 150 ft. AA-30 25,000 s.f. 120 ft. 125 ft. A-30 20,000 s.f. 100 ft. 125 ft. A-20 15,000 s.f. 90 ft. 110 ft. Zone Minimum Front Minimum Rear Minimum Side Yard Yard Yard RR 50 ft. 50 ft. 10 ft. A-40 50 A. 50 ft. 15 ft. AA-30 50 ft. 40 ft. 15 ft. A-30 50 ft. 40 ft. 10 ft. A-20 40 ft, 30 ft. 10 ft. Zone Maximum Maximum Height Maximum%Lot Stories Coverage RR,A-40,AA-30, 2 %z 30 ft. 15% A-30,A-20 All other requirements of Sections 10 and 11 shall be complied with. Each approved residential lot shall contain a contiguous buildable area ("buildable" defined as exclusive of regulated wetlands and watercourses, waterbodies, detention areas, utility easements, rights-of-way, or areas with slopes at or in excess of 15%) of at least 10,000 square feet, into which a square of ninety feet by ninety feet(90' x 90') can be located,and on which the dwelling must be located. 158 Section X:Area,Yard and Height Requirements Connecticut General Statutes and/or any applicable Town zoning regulations, including Pursuing any and all remedies and penalties provided for thereunder. 10.4 Buffers The purpose of buffers is to mitigate visual,noise, and other impacts between residential and non-residential zones,and between low-density and high-density residential zones. a. Wherever any residential zone abuts any non-residential zone, a buffer shall be required and must be included on the subdivision plan, general plan of development, and/or site plan of development. The width of the required buffer shall be in accordance with the schedule of required buffers in Section 10.4.1 below. In addition, the buffer shall meet } the following criteria: 1• The field of view between abutting residential and non- residential uses shall be obscured visually within five (5) years time to such an extent that activi abutting lot is not immediately apparent; and ty on the 2. The field of view between abutting residential and non- residential uses shall be substantially obscured visually by the maturity of the planting. b. In addition to the requirements of Section 10.4.a., wherever a multi-family zone or zone abuts any other residential zone of lower density, a buffer shall be required d included on the general plan of development and the site plan of development. The width of the required buffer shall be in accordance with the schedule of required buffers in Section 10.4.1 below. In addition, the field of view between abutting high density and low density residential uses shall be substantially reduced but not necessarily obscured both within 5 years time and at maturity. r c. All buffers are in addition to required yards shall be designed by a licensed landscape archid t ct The buffer desiging setback lines).n All buffer areas five years' time and at maturity shall be im as proposed after subdivision too portrayed on the landscaping plan and/or the topographic map; and shall conform to Section 10.4.3, 10.4.4, or f0.4.5, as appropriate. In addition, a profile of a typical section of the buffer as projected at five years'time and at maturity shall be shown. d. Whenever a zone line occurs in the middle of a road, such zone line will be treated as if thee is no road for the purposes of this section; and a buffer will be required if the subject property meets the criteria under 10.4.a or 10.4.b above. e. Clearcutting/harvesting of trees within a buffer area is expressly without prior commission approval. p Y prohibited at any time 3 . 161 From: 8obOaotuha To: KeUiKoeh|er Date: 5/11/0413:28PM Subject: Re:Aoo 04-35P. City Vista Reoubdiviuion No Comments >>> KeUi Koehler UhJ11/O4O8:16AM »>» Please respond with comments. NmUi Ke||iKoeh|er South • • Planning Department Me o To: Judy Schuler From: Michele Lipe,Assistant Director of Planning Date: 5/12/2004 Re: #04-35P, City Vista Review Comments Following are review comments from the Planning Department. Please make appropriate revisions and submit seven complete sets to the Planning Department at least 10 days prior to the scheduled public hearing (tentatively scheduled for June 22). Engineering comments will be forthcoming. If you have any questions, please call. 1. Need to provide the rest of the zoning data table —specifically the open space calculations, total acreage of the site. Also need zoning data for the single family lot that's being left(lot 1)demonstrating conformance with the regulations. (If that is the information under the"provided"category—it should be labeled lot 1.) 2. Easements chart showing all easements has not been provided. (It appears that your office may be using an outdated checklist — should be dated February 2002. See attached copy, specifically item B 5.) 1540 Sullivan Avenue,South Windsor,CT 06074 PH 860-644-2511,ext.253 Fax 860-644-7280 e-mail banach .southwindsor.org 0 Page 1 E. Resubdivision From: "William Lanning"<WLanning@southwindsorfire.org> To: "Kelli Koehler"<koehle@southwindsor.org> Date: 5/19/04 3:39PM Subject: RE:Appl 04-35P, City Vista Resubdivision -----Original Message----- From: Kelli Koehler[mailto:koehle@southwindsor.org] Sent:Tuesday, May 11, 2004 9:16 AM To: Bob Deptula; Jeff Doolittle; Chris Dougan; Ray Favreau; Matt Galligan; Mike Gantick; Kristian Lindstrom; Sgt. Rich Bond; Karl Reichle; Fred Shaw; Dennis Sheridan; Melvin Stead;William Lanning Subject:AppI 04-35P, City Vista Resubdivision Please respond with comments. Kelli Kelli Koehler Administriative Secretary No problem. Wm. R. Lanning MEMORANDUM RECEIVED To: Marcia Banach, Director of Planning MAY 1 9 2004 From: Jeffrey B. Doolittle, P.E., Town Engineer Date: 5/19/04 SOUTH WINDSOR PLANNfNG DEPT. RE: App 04-35P, City Vista Re Subdivision I have reviewed the above application for the City Vista Resubdivision at Felt Road and Ridgefield Drive and have the following comments: 1. The grading between lots must be modified to capture surface drainage from each uphill lot and convey it to the front of the lots before it flows onto the adjoining lot. Extend the swales between lots to the rear of the lots as much as possible. 2. The driveway for lot 3 should be moved east as much as possible to reduce the slope and align it with the driveway on the opposite side of Ridgefield Drive. The driveway and back yard for lot 3 need to be regraded to minimize the surface water flowing down the driveway into the street. 3. The existing sidewalk along lot 3 needs to be replaced where the driveway crosses it with an 8" thick reinforced sidewalk according to Town standards. Additional sections of this sidewalk may need to be replaced during construction if they are cracked, settled, lifted or otherwise damaged. 4. Relocate the topsoil stockpiles so they are futher back on each lot and out of the street tree easement area. 5. The proposed trees along the street need to be planted away from the sewer laterals, foundation drains, and other utilities. (especially on lot 3) 6. Street Excavation Permits must be taken out for each lot by the contractor before the installation of the driveways and water services. 7. An application must be made to the WPCA for the Sanitary Sewer connections for this subdivision. Please let me know if you have any questions. MEMORANDUM RECEIVED To: Marcia Banach, Director of Planning JUN 0 7 2004 From: Jeffrey B. Doolittle, P.E., Town Engineer ( � SOUTH WINDSOR PLANNfNG DEPT. Date: 6/7/04 RE: App 04-35P, City Vista Re Subdivision I have reviewed the revised plans for the City Vista Resubdivision at Felt Road and Ridgefield Drive and have the following comments: 1. Revise the grading of the sidewalk in front of lot 2 so the slope to the south gradually increases. A slope of about 3%to 3.5% in front of lot 2 would work well. 2. The grading of the slopes down to the sidewalk needs to be revised so water does not run into and down the sidewalk from these lots. The surface water running off the hill of lots 2 and 3 should run into a shallow swale behind the walk and into a yard drain in the south west comer of each lot. Add a yard drain in the south west comer of lots 2 and 3 to catch surface water and pipe it into the nearest catch basin. 3. The foundation drain from the house on lot 1 is a private drain and therefore needs to be moved out of the right-of-way and onto lot 2 except where it crosses to the catch basin. This was mentioned when the building permit was taken out for the house on lot 1. 4. Sections of the existing sidewalk may need to be replaced during construction if they are cracked, settled, lifted or otherwise damaged. 5. Street Excavation Permits must be taken out for each lot by the contractor for the installation of the driveways, sewer laterals and water services. 6. An application must be made to the WPCA for the Sanitary Sewer connections for this subdivision. Please let me know if you have any questions. 0 WAY%U_ Co CLULT P. O. Box 1132, South Windsor, CT 06074-1132 Tel.: (860) 644-2565 / Fax: 860) 644-2567 RECEIVED June 10, 2004 JUN 14 Z004 SOUTH WINDSOR PLANNING DEPT. Ms. Kelli Koehler Administrative Secretary Planning&Zoning Commission Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Appl#04-39P Gerlt In-Law Apartment,318 Felt Road Dear Ms. Koehler: Thank you for your letter of June 8, 2004. I will be sure to be present on June 22"d at 7:30 pm. For your information, the signs were posted for this application on June 9th on Felt Road and on Ridgefield Street. 4ery opher Gerlt WCG:mt to41N Sf -own O-P SoaA ?d&U&Ot C� � w 7 m � w` 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 Sox-co TELEPHONE (860) 644-2511 CERTIFIED MAIL 7004 1160 0002 1059 9434 July 1, 2004 Mrs. Elaine D. Gerlt P.O. Box 1132 South Windsor, CT 06074 Re: Appl#04-35P, City Vista Resubdivision Dear Mrs. Gerlt: We regret to advise you that on June 22, 2004,the Planning and Zoning Commission voted to deny the above-referenced application for resubdivision. The Commission reason is as follows: 1. The proposal does not comply with the current regulations for an open space subdivision. Sincerely, Timothy H. WentzelyChai_7n(na� Planning and Zoning Commission THW/kak . cc: Town Engineer Chief Building Official Assessor Superintendent of Pollution Control Fire Marshal Design Professionals, Inc. SUMMONS -civil(Except Family Actions) STATE OF CONNECTICUT "X"ONE OFTHE-901 I IND pG orprooertv r JD-Gv-_, Rev. 1.200o SUPERIOR COURT Amount.legal interest C.G.S._5 51-346, 51-347, 51-349, 51-350, 52-45a, www.jud.state.ct.us !n demand,exclusive ofinterest 52-48,52-259, P.B.Secs 3-1 thru 3-21,8-1 and costs is: �ece�c;er� 7f90'� i� �d2mtN confomoNsless than$2,500 1. Type re print legibly:sign original umno ns and conformal/copies of the summons. Illy✓� �CL t 2. Prepare or photocopy confomrad sumrons for each defendant. l /,` $2,500 through$14,999.99 3.Attach the original sumrons to the original complaint, and attach a copy of the summons to each copy of the complaint. Also,if there are more than 2 plaintiffs or 4 defendants prepare form JD-CV-2 and attach it to the original and all copies of the corrp/aint. $15,000 Or more 4. After service has been made by a proper officer, file original papers and officer's return with the clerk of court. ("V if applicable) 5. The party recognized to pay costs must appear personally before the authority taking the recognizance. 6. Do not use this form for actions in which an attachment,gamishmant or replevy is being sought. See Practice Book Section 8-1 X Claiming other relief in addition for other exceptions. to or in lieu of money or TO:Any proper officer; BYAUTHORITYOF THE STATE OF CONNECTICUT,you are hereby ) damages. commanded to make due and legal service of this Summons and attached Complaint. RETURN DATE(Mo.,day, yr.)(Must be Tuesday) AUGUST 10, 2004 X JUDICIAL DISTRICT AT(Town in which writ is returnable)(C.G.S.51-346,51-349) CASE TYPE(See JD-CV-1c) HOUSING SESSION G.A. No. HARTFORD . Major A Minor 00 ADDRESS OF COURT CLERK WHERE WRITAND OTHER PAPERS SHALLBE FILED(No.,street,town andzip code)(C.G.S.51-346,51-350) TELEPHONE NO.(wiarea Coke 95 WASHINGTON STREET, HARTFORD, CT 06106 NAMEAND ADDRESS OF EACH PARTY (860) 548-2700 PARTIES NOTE.'lndiv/duals'Names: P••n (No., street, town and zip code) Last,First,Middle Initial Form JD-CV-2 attached NO FIRST NAMED GERLT, ELAINE D. , 2620 Ellington Road, South Windsor, CT 06074 PLAINTIFF 01 Additional Plaintiff 02 FIRST NAMED SOUTH WINDSOR PLANNING & ZONING COMMISSION, 1540 Sy;livan Avenue, South Windsor DEFENDANT CT 06074 50 Additional Defendant J RECEIVED 51 Additional Defendant J U L — 9 2004 52 Additional Defendant SOUTH WINDSOR PLANN[NG D_;PT. 53 NOTICE TO EACH DEFENDANT 1. YOU ARE BEING SUED. 2. This paper is a Summons in a lawsuit. 6. The"Appearance"form may be obtained at the above 3. The Complaint attached to these papers states the claims that each Court address. Plaintiff is making against you in this lawsuit. 7. If you believe that you have insurance that may cover the 4. To respond to this Summons, or to be informed of further proceedings, claim that is being made against you in this lawsuit, you you or your attorney must file a form called an "Appearance"with the should immediately take the Summons and Complaint to Clerk of the above-named Court at the above Court address on or your insurance representative. before the second day after the above Return Date. 6. I you shouldvconsult questions bout the promptly.Summons and ClerkComplaint, 5. If you or your attorney do not file a 'ten"Appearance form on time, youy P p y• a judgment may be entered y default. _ Court is not permitted to give advice on legal questions. DATE SIGN E1(Si nd "pro 07/08/2004 C� X Comm.of Superior Court TYPE IN NAME OF PERSON SIGNING AT LEFT Assistant Clerk Wayne Christopher Gerlt FOR THE PLAINTIF PLE E ENT E HE A EARANCE OF: ME AND yDDRE S OF ATTOR Y LAW FIRM OR PLAINTIFF IF PRO SE (No., street, town and zip code) TELEPHONE NUMBER JURIS NO.(If ally.or law firm) PayriOe c�1'1Xl��Ophersouth7' indsor, CT 06074 (860) 644-2565 22192 NAME AND ADDRESS OF PERSON RECOGNIZED ROSECUTE IN THE AMOUNTOF$250(No., street,town and zip code) SIGNATURE OF PLAINTIFF IF PRO SE Paul W. Smith, P. O. Bo 8 zs oopCT 06096 #PLFS. #DEFS. #CNTS. SIGNE greco erbox) f/'i X Comm.of Superior Court For Court Use Only Assistant Clerk FILE DATE IF THIS SUMMONS IS S ED BY A ERK: a.The signing has been done so that the Plaintiffs)will not be denied access to the courts. s b. It is the responsibility of the Plaintiff(s)to see that service is made in the manner provided by law. c.The Gerk is not permitted to give any legal advice in connection with any law suit. — d.The Clerk signing this Summons at the request of the Plaintiff(s) is not responsible in any way for any T errors or omissionsSummons,in the Suons,any allegations contained in the Complaint,or the service thereof. - I hereby certify I have read SIGNED (Pro Se Plaintiff) DATE SIGNED DOCKET NO. and understand the above: CITATION TO THE SHERIFFOF THE COUNTY OF HARTFORD OR HIS DEPUTY WITHIN SAID COUNTY, GREETINGS: BY AUTHORITY OF THE STATE OF CONNECTICUT, you are hereby commanded to summon the South Windsor Planning and Zoning Commission of 1540 Sullivan Avenue, South Windsor. Connecticut of the Town of South Windsor in the County of Hartford and State of ConneCt1CLll, to appear before the Superior Court in and for the Judicial District of Hartford at 95 Washington Street, I lardord, Connecticut on August 10, 2004 said appearance to be made by the South Windsor Planning and Zoning Commission, or their attorneys by, entering a written statement of appearance with the Clerk of said Court on or before the second day following the return day, then and them to answer unto the foregoing complaint and appeal of Elaine D. Gerlt of 2620 Ellington Road, South Windsor. Connecticut by having with or at the usual place of abode of the Chairman or Secretary of the South Windsor Plannino and Zoning Commission, and with the Town Clerk of the Town of South Windsor, in the manner required by statute, a true and attested copy of the complaint and appeal and this citation and summons at least twelve days before the return day, in the manner provided by law for the service of civil process. I hereby certify that I have personal knowledge of the financial responsibility of the Plaintiff and deem it sufficient to pay the cost of this action. Hereof fail not, but of this writ with your doings thereon, make due service and return. Dated at South Windsor, Connecticut this /-day of July, 2004. ,:-. --Way Christoph r G Co missioner of the Superior Court L7 E P LE I i i i I LAW OFFICES OF WAYNE CHRISTOPHER GERLT I' 112 DEMING STREET P.O. BOX 1 132 • SOUTH WINDSOR, CT 06074 TEL. (860) 644-2565 JURIS No. 22192 i RETURN DATE: AUGUT 10, 2004 SUPERIOR COURT GERLT, ELAINE D. J. D. OF HARTFORD/NEW BRITAIN V. AT HARTFORD SOUTH WINDSOR PLANNING AND ZONING JULY 8, 2004 COMMISSION APPEAL FROM THE TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION To the Superior Court for the Judicial District of Hartford at Hartford on August 10, 2004 comes ELAINE D. GERLT appealing from a decision of the Town of South Windsor Planning and Zoning Commission and complaints and says: S Lj , 4- 1. The Plaintiff is the owner of property in the AA-3 Open Space Lone consisting of 1.95 acres on the east side of Felt Road, north side of Ridgefield Drive in South Windsor, Connecticut ("the property"). 2. On or about May 7, 2004, the Plaintiff, Elaine D. Gerlt, filed an application for a re- subdivision of the Ridgefield Subdivision with the Defendant, South Windsor Planning and Zoning Commission, (hereinafter"Planning and Zoning Commission") to subdivide the property into 3 lots. 3. A public hearing on the application was conducted on May 25, 2004 and continued on subsequent dates. II i i I I - LAW OFFICES OF i 4- WAYNE CHRISTOPHER GERLT II 1 12 DEMING STREET • P.O. BOX 1 132 • SOUTH WINDSOR, CT 06074 • TEL. (860) 644-2565 JURIS No. 22192 i 4. The Defendant Planning and Zoning Commission denied the application of the Plaintiff at its meeting on .tune 22. 2004 and notice of such decision was published on June 26, 2004. 5. The Commission stated reason for the denial was "The proposal does not comply %�itlh the current regulation for an open space subdivision". 6. The Plaintiff is a0prieved by the decision of the Defendant Plannin- and Zonino Commission's approval of the site plan application in that the Plaintiff owns the subject property at 3]8 helt Road, South Windsor, Connecticut and her application for re-subdivision was denied. 7. The relevant history of the actions of the Commission and 01' this subdivision are as follows: a) On September 10, 1985, the Defendant Commission unanimously adopted a resolution amending the zoning regulations, including the Open Space Regulations in a AA-30 Zone. The amendment was as follows: Open Space Zone Proposed: Lot Size Lot Width Side Yard 25,000 s.f. 125 ft. 15 ft. Current: 17,500 s.£ 100 ft. 10 ft. .I LAW OFFICES OF WAYNE CHRISTOPHER GERLT 112 DEMING STREET P.O. BOX 1 132 SOUTH WINDSOR, CT 06074 • TEL. (860) 644-2565 JURIS NO. 22192 Therefore, the effect of the regulations upon an Open Space lot in a AA-30 Zone was to increase the square footage required from 17,500 ft. to 25,000 s.f., increase the lot width from 100 ft. to 125 ft.. and to increase the side yard from 10 ft. to 15 ft. b) Prior to the adoption of those regulations, the Director of Planning and the Commission received a letter from Joseph P. LaCava of LaCava Construction Company dated May 20, 1985 (Exhibit A hereto), which was received and noted in the July 2, 1985 Minutes of the Commission. Mr. LaCava's letter stated in part "I have no strong objections to your proposed changes, they do cause some concern on how they affect subdivisions such as Ridgefield ... I urge you and the Commission to consider allowing any subdivisions that have already received approval on the initial sections to proceed under the current zoning regulations." (emphasis added) c) The "Ridgefield" subdivision was approved by the Defendant Commission on �Nv6,jG� a_ cA�-� P 16, - � March 4, 1985. The plans approved on that date sho 3 lots on the parcel which is the subject of this appeal and is now owned by the Plaintiff, Elaine D. Gerlt. The Court will note that Plaintiffs application to the Commission was for 3 Open Space lots, which the Commission denied. d) At the meeting on September 10, 1985, as the Commission adopted the new zoning regulations, the Minutes state in part: "A lengthy discussion ensued regarding whether or not projects which were underway should be required to conform to the new regulations for subsequent phases. Mrs. Montana said she thinks projects which are in the works would be under the old regulations, even if there I dve--� Cd t 2 ( 't-� Cd,rn es ltio t,�f' LAW OFFICES OF - WAYNE CHRISTOPHER GERLT- 1 12 DEMING STREET • P.O. BOX 1 132 SOUTH WINDSOR, CT 06074 • TEL. (860) 644-2565 JURIS No. 22192 1 i I i are 50 phases. Mr. Gilligan pointed out that the Commission is not looking to punish developers... It was finally agreed that anything which has actually been submitted to the office or applications fur subsequent phases of developments underway, would still be governed by the old regulations." (Exhibit B Minutes of Planning & Zoning Commission 9/10/85.) e) On ,tune 7, 1988, the Defendant Commission approved a re-subdivision of Ridgefield to add 23 lots under the old regulations in effect prior to the amendment on September 10, 1985. At the public hearing on April 12, 1988 concerning this re-subdivision, "Down Planner, Marcia Banach stated the following: "Previous phases of the subdivision were approved under the old open space requirements. At the time that the new open space regulations were adopted (9-10-85) it Nkas stated in the PZC minutes that any developments currently under way would still be governed under the old regulations for future phases, thus this subdivision falls under the old requirements... The minimum lot size iur this open space subdivision is 17,500 square feet..." (Planning & Zoning Commission Minutes April 12, ]988 Exhibit C). f) The Defendant Commission approved a further re-subdivision of Ridoefield on Mav 15, 1995, again under the old regulations which were in effect prior to 9-10-85 and adde 5 lots to the subdivision. g) On September 22, 1992, the Defendant Commission approved a further phase of Ridgefield Estate for William J. Krawski as the applicant and owner to add 5 lots to the subdivision. I i LAW OFFICES OF - .s WAYNE CHRISTOPHER GERLT 1 12 DEMING STREET P.O. BOX 1 132 SOUTH WINDSOR, CT 06074 TEL. (860) 644-2565 JURIS NO. 22192 Again, these lots were approved under the Open Space regulations in effect prior to the latest revisions. The parcel, which was the subject of Krawski's application is located immediately to the south across Ridgefield Drive from the parcel owned by the Plaintiff which is the subject of the application under appeal. h) All the applicants in subdivision approvals relied upon the Commission's policy of applying the old regulations to subdivisions started prior to 9-10-85. In fact, in the case of the Ridgefield subdivision and the instant application, the Plaintiff purchased the property knowing of the policy and of the letter written by Joseph LaCava in May of 1985 and the reliance of everyone upon the policy adopted subsequent to that letter. 8. In denying the re-subdivision application, the Defendant Commission acted illegally, arbitrarily and abused its discretion in that the proposed subdivision complied fully with the regulations in effect prior to September 10, 1985, however, the Commission applied the regulations currently in effect and denied this applicant the same treatment of the policy that it had accorded to every other applicant for property in a subdivision that was started prior to September 10, 1985. 9. The application and re-subdivision submitted by the Plaintiff fully met the provisions of the regulations in effect prior to and those adopted on September 10, 1985 even though that was not necessary under the policy. Despite that, the Commission chose to ignore the policy and apply a different �y LAW OFFICES OF .0 WAYNE CHRISTOPHER GERLT 112 DEMING STREET • P.O. BOX 1 132 • SOUTH WINDSOR, CT 06074 • TEL. (860) 644-2565 • JURIS NO. 22192 i set of standards to this one application, having never previously waivered from its policy with anv other applicant or application involving a subdivision that had begun prior to September 10, 1985. The Commission treated this applicant unfairly and denied her constitutional right to equal protection. The action of the Commission in arbitrarily, unfairly and unreasonably applying the new regulations to this Open Space re-subdivision is particularly offensive and illegal in that this subdivision was uniquely dependent upon and benefited by the Commission rule alloxving the old regulations to apply to re-subdivisions or extensions of the subdivisions in that the policy was based in substantial part upon the complaints and requests of Joseph LaCava, the initial developer of' the Ridoefield subdivision. Furthermore, the entire Open Space required for the subdivision including the lots proposed by the Plaintiff, have already been given to the town and the town has accepted that Open Space. 10. The Commission's decision was arbitrary, illegal and capricious in that it attempted to apply new rules and policies to this application although it had never done so to any previous applications which fell under the policy adopted on September 10, 1985 including a time requirement for completion or continuation of a subdivision, a requirement of common ownership for the policy to apply despite the fact that this subdivision was treated under the policy previously for different owners. The Commission also attempted to justify its denial based upon the adoption of regulations in 1999 which did not contain the similar policy waiver, however, the Commission admitted in the record that at least one other LAW OFFICES OF i - WAYNE CHRISTOPHER GERLT 112 DEMING STREET • P.O. BOX 1 132 • SOUTH WINDSOR, CT 06074 • TEL. (860) 644-2565 • JURIS No. 22192 applicant was allowed to continue following adoption of the 1999 regulations under the regulations in effect prior to September 10, 1985 or those in effect on September 10, 1985. The applicant relied upon advice from the town's staff which indicated that the Open Space subdivisions which were applicable to this re-subdivision were those adopted on September 10, 1985. Although the plan met those regulations, the Commission arbitrarily and capriciously denied the approval. 11. The Commission's denial was vindictive, discriminatory and unfair and appears to be based upon a malicious attempt to punish Plaintiff's husband who has filed 14 pending appeals of the Commission's approval for the 232 acre development known as Evergreen Walk and also has pendinb an injunction action based upon a declaratory judgment which he obtained against the town and said Evergreen Walk project. 12. In acting to overturn its policy and add new conditions to the zoning regulations i'or this one applicant, the Commission acted illegally, arbitrarily and abused its discretion. A Planning and Zoning Commission acts in an administrative capacity in approving a subdivision application, and acting in such capacity, it has no discretion or choice but to approve a subdivision if it conforms to the regulations adopted for its guidance Forest Construction Co. v. Planning & Zoning, Commission, 155 Conn. 669 (at 674 —675), 1967. Herein, the comments by the Town Planner indicate that the application met the requirements of the regulations. However, the Commission arbitrarily chose to apply a differen ��. LAW OFFICES OF WAYNE CHRISTOPHER GERLT 1 12 DEMING STREET • P.O. BOX 1 132 SOUTH WINDSOR, CT 05074 • TEL. (860) 644-2565 • JURIS NO. 22192 set of regulations to this application in violation of its previously adopted police. which it had applied in every prior instance and that was unfair and discriminatory to this one applicant. �I ii �I it I i �I i LAW OFFICES OF WAYNE CHRISTOPHER GERLT 1 12 DEMING STREET • P.O. BOX 1 132 !i • SOUTH WINDSOR,CT 06074 TEL. (860) 644-2565 JURIS No. 22192 WHEREFORE, the Plaintiff appeals the decision of the Defendant Planning and Zoning Commission and prays that the Court sustain her appeal and vacate the decision of the Planning and Zoning Commission and, further, order the Commission to approve the application as submitted. Dated at South Windsor, Connecticut, this 8th day of July. 2004. RESPECTFULLY SUBMITTED FOR THE PLAINTI LA1NE D. GERLT i By. �r c ay Christopher G t H Attorney P. O. Box 1132 112 Deming Street South Windsor, CT 06074 Juris No. 22192 A ' 7- Y ro hU� APfo IL;tAr�'pU ' CrJf,tcT IF'� U LYIr�41� Ar��E LAW OFFICES OF WAYNE CHRISTOPHER GERLT 1 12 DEMING STREET • P.O. BOX 1132 SOUTH WINDSOR, CT 06074 • TEL. (860) 644-2565 JURIS NO. 22192 i Please enter the Appearance of. Wayne Christopher Gerlt P. O. Box 1 132 112 Deming Street South Windsor, CT 06074 (860) 644-2565 Juris No. 22192 For the Plainti ;Wayne ristophe G t- A�rR Y A W. WALT6R „ P, N IOS, TOWN U'SO TNDSC STABLE AND AN f tFF NT PERSON LAW OFFICES OF - WAYNE CHRISTOPHER GERLT 112 DEMING STREET • P.O. BOX 1 132 • SOUTH WINDSOR, CT 06074 • TEL. (860) 644-2565 JURIS NO. 22192 "EXHIBIT A" s : f CONS TRUC TIO 185 SILAS DEANS HIGHWAY N CO, WETHERSFIELD, CONNECTICLIT 0610" BUILDERS AND DEVELOPERS TELEPHONE: (203) 563-3711 May 20 , 1985 Mr. Peter R. DeMallie Director of Planning Town of South Windsor 1540 Sullivan Avenue South Windsor, CT. 06074 Dear Mr. DeMallie: I have reviewed your proposed zoning amendments outlined in your Memorandum dated April 18, 1985 . Although I have no strong objections to your proposed changes, they do cause some concern on how they affect subdivisions such as Ridgefield. We have already received approval on Sections I and II, and we hope to proceed on our final Section III very shortly. We have proceeded under a given set of guidelines . To change the zoning rules in the middle of the project would not be in the public interest. I urge you and the Commission to consider allowing any subdivisions that have already received approval on the initial sections to proceed under the current zoning regulations. I would appreciate notification of the pending Public Hearing regarding this matter. Thank you for your consideration. Very truly yours, LACAVA CONSTRUCTION COMPANY Joseph P. LaCava cc: Chairman, Town Planning & Zoning as co J _7!�1� 9/10/85 � 1 /iplanning & Zoning Commission -6- Fi Planning & Zoning Commission -5- 9/10/85 S.,ty�r ay include Mountainview, Pleasant Valley Homes II, Blue Spruce Estates, oz Mr. Martel said the 100 year storm does not affect the site and should Beechwood. The secretary noted that Morgan Farms has been submitted be noted on the plans, and the proposed 12" ductile iron pipe should to the office, but not yet received by the Commission. It was finally be increased to 15" to be consistent with the Subdivision Regulations. agreed that anything which has actually been submitted to the office, or F. j applications for subsequent phases of developments underway, would Mrs. Klenke made a motion to approve the above application for a still be governed by the old regulations. The Town Engineer asked ' g G site plan of development for property located on the north side of specifically about Windshire Abbe, Phase III. The Commission agreed that ^yr; }' Sullivan Avenue, as shown on the plans prepared by Meehan Associates, that phase had never really been shown on plans when Phases Z, II, „ dated 9-29-84, revised to 8-7-85, File No. 841159, in an Industrial IV and V were submitted. Therefore, if and when an application for Zone, subject to the following modifications: phase III is submitted, it should be governed by the new regulations. off 1. The plans should note that the 100 year storm does not Hr. Hallowell made a motion to amend the Zoning Regulations, effective affect this site. eptember 20, 1985, as follows: ji 2. The proposed 12" ductile iron pipe should be increased to 15" Ka,. •Section 5 2 Schedule of Areas Yards and Height Requirements );�;, to be consistent with the Subdivision Regulations. ... Kinimum Loc Width in an A-30 zone is reduced Erom 150 feet to 120 feet. i inimum Each Side Yard in an A-30 zone is reduced from 20 feet to 15 feet. ..� 3. No building permits will be issued until the final plans are ig on file in the Town Clerk's Office. Section 5.3.b is deleted as written and shall now read as follows: .�,.:. 4. Prior to commencement of site work, a meeting must be held 'Lots approved under this section shall conform to the following 1 15 ! with Town Staff. � schedule, rather than the schedule in Section 5.2: ?ir Within 90 days from the date of approval (by December 9th) black Minimum Minimum Minimum r! ! I' and white transparent mylars, with the letter of approval of this iLot Width Lot Depth I �I Commission reproduced thereon, together with three paper prints, Zone Lot Area must be submitted to be stamped and signed by the Commission. f 20,000 s. f. 100 ft. 150 ft. lal After signing, they will be filed in the Town Clerk's Office. RR 150 ft. A-40 30,000 s. f. 120 ft. 125 ft. Mr. Sorenson seconded the motion and it was unanimously voted in favor ?AA-30 25,000 s. f. 120 ft. tx' and so ordered. A-30 20,000 s. E. 100 ft. 1 ft. ;A-20 15,000 s. f. 90 Et. 110 ft. Mr. Hallowell suggested that perhaps the guidelines should be changed �+ Minimum Minimum regarding the 100 year storm, since it appears lately we've been having f Minimum i a lot of storms of that severity. Mr. Conde said he thinks the (lone Front Yard Beat Yard Side Yard if State uses a 300 year storm guideline, and the Corp of Engineers b: £' use 500 years. Mr. Martel explained that in August there was a {&R 50 Ec. 50 ft. 10 ft. Tc 15 Et. short duration 100 year storm in the northern part of Town. About A-40 SO ft. 50 ft. 2� inches fell in less than one hour. He said the definition of a ,AA-30 50 Et. 40 ft. 15 ft. 100 year storm is that storm which has a 1% chance of falling. A 'A-30 50 ft. 40 fc. 10 ft. discussion ensued, and Chairman Gilligan said that this should be an '�-20 40 ft. 30 ft. 10 Et. secretary agenda item since it will take some discussion. The g y was Maximum Maximum Miximum Y. s, instructed to place the item on the agenda when possible. Zone Stories Height Lot Coverage 6. Zoning Amendment - Lot Sizes - Open Space RR, A-40 : i The Planning Director reviewed the proposed changes. A public hearing AA-30, 2�i 30 Et. 15% had been held on the proposed amendments on July 2, 1985. A-30, A-20 All other requirements of Sections 5 and 6 shall be complied with." A lengthy discussion ensued regarding whether or not projects which 1i were underway should be required to conform to the new regulations for subsequent phases. Mrs. Montana said she thinks projects which rs. Montana seconded the motion, and it was unanimously voted in favor. are in the works whould be under the old regulations, even if there are 50 phases. Mr. Gilligan pointed out that the Commission is not looking _ to punish developers. It was noted that currently the projects under __ .,+nys.n• uas ll'1'.'.�'14'.'�F7��'�`�Trf��°•�'�'�Mt�q VUUV-:�• U PLANNING AND ZONING COMMISSION 4 y } { H APRIL }` �tt2 phANNING AND 20NING COMMISSION 5 APRIL 12 1986 F-I four acres would be given over as open space land, bringing12'Y' �: 4 7 the to open space property in the area -- including adjacent pela tt'•4-"Ill.. e` that nthe engineeringfdifficulties involved finaan extensioneof approximately 24 acres. The two parcels would be deeded - to nrs : Atty. Alter proposed that this was in accordance with Plao.- t Ridgefield g� theto the Tol �f�;r; 9 field Drive through to Foster Street are overwhelming, and with Town regulations for open spaces. He continued To n is we support the applicants' request that the street not be on to say that N'^ extended. It should be noted, however, that Town staff do not drainage concerns had been addressed; that sidewalks could ( feel that a through street it unnecessary -- a road is clearly throughout if that was the wish of the Commission; and thatbe provides�;1 necessary but is impractical at this location. 9 of the open space parcels could be provided b a _ maintena ' road. In conclusion Att Alter said he believed thatthee none° n�0�" The site will be serviced by Connecticut Water and town sewers. S E A Engineers' concerns hadeither been addressed al To s••. ._., .a4. ° and <'` The Superintendent of Pollution Control has indicated that WPCA addressed and that subdivision regulation had been met o °r could a;.. approval is required. could be met through further discussions with the engineers, if n0t;;'`''• Y' PP q Town Planner Marcia Hanach presented her reports 5. There is no 100-year floodplain on the site, nor are there F., inland wetlands. This application has been heard and approved 1. This request is:fbr an o en a ace subdivision in an AA- r by the IWA/CC with the following condition s that would create 25 lots on 22.4 acres. Previous pAAses'atne the subdivision were a Pspace a. Road must be paved before construction begins. approved under the old open b. A $15,000 bond must be posted to ensure compliance with requirements. At the time that the new open space regulations+'., Erosion and Sedimentation measures. were adopted (9-10-85) it was stated in the PZC minutes that ' -:' +, C. It is recommended to the PZC that the Commission accept any developments currently under way would Still be governed;::'_:` ^J Parcels #90 and 92 as open space. under the old regulations for future phases, thus this `subdivision falls under the old requirements. 6. Only two driveways will be cut onto the cul-de-sac on �:. Ridgefield Drive. A note should be added that the driveways 2• The minimum lot size for this open space subdivision is square feet. The proposed lots range from 17,500 to 62,301 17 5 will be spaced widely art to facilitate Snow store Ab '. P y a e. P g square feet (1.4 acres), with 4 lots under 1/2 acre, 16 lots' .; 7. Sidewalks are proposed on the north side of Ridgefield Drive between 1/2 and 3/4 acre, and 5 lots over 1 acre in size. 'They :' and on the east side of Summerwind Drive. The Town would like dimear to meet spathe zonhoweveing requirements do with ed verificationrespect that-that a': to see sidewalks on both sides of the interior streets, and also on Foster Street to close the gap across the 50' right-of- all lots conform to the 10,000 sq. ft. buildable area requirement. The open apace to be donated to the Town as a way. result of these 25 lots appears to be that land identified as a`i g, The Sight line at the intersection of Ridgefield Drive and Felt Lot 90 on the key map, totalling just over four acres. (This !: Road appears to be adequate. The Town has a State grant to information came from the approved subdivision map for Phase eliminate the sight line problem at Felt Road and Oakland Road II, not from the plan currently under review. clarification is involving a treed bank. needed as to what open space goes with which phase, since the +'•' topographic maps for this application indicate two parcels are to be deeded to the Town.) This open s ace is adjacent to the 9• Lots shown on the key map as previously approved Lots #20 and open space previously donated from earlier isadjat the east 21 at the east end of Krawski Drive are in actuality not P f' approved lots, per Phase II approval letter. end of the site plus other subdivisions. An accounting should be provided of open space for all phases of Ridgefield so we If approved, the Planning Department would like to see the following can determine that the open space dedication requirements are F: modifications in addition to items already noted: fully met. No open space improvement plan has not been ; provided at this time and one should be. A 50' right-of-way Key Map has been left at the northeast end of the cul-de-sac to provide !* access into this new open space area. ;fie. - Arrows indicating direction of drainage flow shown on legend. 3• The road network to be built will be an extension of Ridgefield plot Plan Drive of approximately 400 feet ending in a cul-de-sac, and a road stub off of Krawski Drive, Summerwind Drive, will be ,. - Note is needed that all lots conform to 10,000 sq. ft. buildable area requirement. Z A r STATE OF CONNECTICUT) } ss. SOUTH WINDSOR COUNTY OF HARTFORD} Date: December 30, 2004 1, Sarah Briggett,hereby certify that I typed an accurate transcript of the meeting of May 25, 2004 of the Public Hearing Planning&Zoning Commission regarding application #04-35P, Town of Elaine D. Gerlt, City Vista. That a true copy of said transcript is attached hereto, and is accurate to the best of my knowledge, ability and belief and further certify that I have this date filed said transcript in the office of the Planning & Zoning Commission. ]j w i Sarah rigge ' Date STATE OF CONNECTICUT) } ss. SOUTH WINDSOR COUNTY OF HARTFORD) Personally appeared �`!�2 Q� l ri o 2 , signer and sealer of the forgoing instrument and acknowledged the sar6dto be her free act and deed, before me. Notary Pfiblic v My Commission Expires TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION APPL 04-35P ELAINE D. GERLT - CITY VISTA VERBATIM MINUTES I MAY 25, 2004 MEMBERS Timothy Wentzell, Kevin McCann, Sue Larsen, Patrick PRESENT: Kennedy, Cliff Slicer, Suzanne Choate ALTERNATES Gary Bazzano to sit for Commissioner Pacekonis PRESENT: Michael Sullivan Marc Finer STAFF Michele Lipe, PRESENT: Jeff Doolittle, Town Engineer Chairman Next application, Elaine Gerlt, do we have someone here for this application? Peter DiMellie Incidentally, I put before your Advo Summer Wind Performing Arts Centers new brochure for tickets for this season, if you'd like any by all means give me a call. Chairman Ever the salesman, right? Peter DiMellie Hey my mark-up's fantastic. I do it on a voluntary basis and I love doing it. But, wonderful season. Thank you Doctor, and we'll talk about that. City Vista is actually Ridgefield subdivision section 3B. The Ridgefield subdivision is a 67 lot subdivision on the east side of Felt Road, which includes Krawski Drive, Ridgefield Drive that area between Felt Road and Foster Street. South of Tall Wood and north of Mohegan Trail and that neighborhood to the South. What the applicant Elaine Gerlt is proposing to do is to create 3 lots. Let me give TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION APPL 04-35P ELAINE D. GERLT - CITY VISTA VERBATIM MINUTES 2 MAY 25, 2004 you a little further clarification as to where this part of the subdivision is. This is the last, the final section of Ridgefield to complete the subdivision which started in I believe it's the early 1980's. The northeast corner of Ridgefield Drive, which is the primary entrance and Felt Road and across that is Deerfield Lane if you know on the west side of Felt Road. Again,just one lot south of Tall Wood Drive is the subject property. It's owned AA30 open space per a decision of the Planning & Zoning Commission on September 10, 1985. And that's also included in the minutes I saw April 12, 1988 that through the full development of Ridgefield the open space regulations in effect at the time would continue through all phases and that's been implemented on several occasions that same application of the regulations. Basically what we're talking about is minimum lot size is 25,000 square feet and minimum frontage is 120 feet and minimum lot depth is I believe 125 feet, lot depth. We're proposing three lots, lots numbered one through three. Three-eighteen Felt Road which is a northerly lot which is known as lot number one has a large house right now under construction that the applicant and her husband Wayne are TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT - CITY VISTA VERBATIM MINUTES 3 MAY 25, 2004 erecting on a lot which will be the first northerly lot. If you've been by there, you can't miss it, it's a large colonial, three car garage with three dormers over the main part of the house and two dormers over the garage. Very attractive house, about halfway completed. That particular lot will have a lot size of 26,543 square feet and 142.5 feet of flat frontage. As with all three lots, it will be 200 feet depth which will far and away exceed the requirement under zoning. The middle lot, lot number two, to be known as 308 Felt Road will have 27,000 square feet of land area and 135 feet of lot width and again, 200 feet of lot depth. The corner lot, and as this case with all the subdivisions that we do where ever it's practicable, we do like to do that. We like to have a larger lot. In discussing this with applicant, they also would like to have a larger corner lot for a variety of reasons. For example we have to observe two frontages in the set backs in this zone, it'll be I believe 50 foot front yard. So we like to make that larger than the other lots and this will be 31,623 square feet in size, far exceeding the minimum requirement and about 158 feet of frontage so it's not only larger, it's also wider, but again, the same 200 foot depth. TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION APPL 04-35P ELAINE D. GERLT - CITY VISTA VERBATIM MINUTES 4 MAY 25, 2004 Open space. Open space is consistent with prior calculations and prior requirements and we have put that on the map 5.48 acres are required 10.1 acres are provided for the entire development. It is contiguous to the open space to the south, the Green Ridge subdivision, the Mohegan Trail, Mayberry Trail neighborhood, and also contiguous to the other open space to north known as High Gate. The (inaudible) itself, the northeast corner of the Ridgefield subdivision actually was conveyed as part of High Gate, a four or five acre parcel at that point so it's mush larger than the 10.1 acres that were provided for the overall Ridgefield it's got other contiguous open space in what you might think was part of the subdivision. Sixty-four lots were previously approved, now there'd sixty-seven with the additional three and seventy-four lots are allowable under the maximum lot formula. Section 3A, this is all part of Section 3A, we're calling this Section 3B City Vista, Section 3A was just south of Ridgefield Drive along fronting on Felt Road and that was five lots and that was approved quite some time ago and I believe all five houses has been ... Pardon?Ninety, Ninety-two? Time really flies, it's remarkable. I was involved TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT - CITY VISTA VERBATIM MINUTES 5 MAY 25, 2004 with that on as well. In meeting with Marcia Banach previously on this she indicated to me that four lots at one point had been ro osed on this which is inconsistent with the original cone t P pp which had three lots and at one point that was denied, the four lots as I understand it. There are evergreen trees if you look at the exhibit there on the bottom of the map which is the east side of the map there are some evergreen trees there. There's no intention on the part of the applicant to remove them but as with all private lots in every single subdivision in this community it's certainly the owners of the individual lots are free to landscape the lots as they choose and of course they will do that if they want to replace a tree, remove a tree, put in I shrubs instead of trees, they are certainly free to do that. Also the same thing holds true to the abutters to the east, if they want to plant trees, which is not really the case that I see other than a few (inaudible) trees away from the property line. The can plant a hedge, they can plant a row of trees, they can remove trees as they like. We are adding a sidewalk along the frontage as it's connecting an existing sidewalk along the south side of lot number three the southerly lot, or the lot as you TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 6 MAY 25, 2004 observe it on the left hand side of the exhibit. There's an existing sidewalk that will be brought around the corner and up to the in front of all three lots along.Felt Road up to the existing sidewalk at 328 Felt Road. If you've had an opportunity to go out there, you'll notice that the landscaping itself and Judy Schuler, project engineer for this will address in a moment what she's going to be doing in terms of grading and other things. But you'll observe that the landscaping there was done as an entrance landscaping back in the 1980's for the Ridgefield, I believe it's Section 2 component and it has not been maintained, the junipers are overgrown, there are maples growing up out of the Junipers, etc, it has not be maintained. So I'm sure once this lot is sold and the house is built on it we'll see the landscaping improve tremendously here. Along the street frontage, we're proposing Pin Oaks deciduous trees as a part of the streetscape to establish that and there'll be a ten foot street tree easement as well. What I'd like to do right now is turn it over to Judy Schuler who is project engineer who will review the engineering components of the plan. Judy? Judy Schuler Good Evening. As Peter said, I'm Judy Schuler, Project TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION APPL 04-35P ELAINE D. GERLT - CITY VISTA VERBATIM MINUTES 7 MAY 25, 2004 Engineer from Design Professionals for the record. I'll just jump right in, there are three proposed houses. One is already under construction as Peter has said. We are proposing for the three houses to be connected to public water and public sewer. p The public sewer will be by gravity flow. We've also proposed foundation drains on each of the homes, and those will be connected into existing storm drainage again, along Felt Road. The driveway on lot three was place as far away from the intersection of Felt Road and Ridgefield Drive for of course safety concerns and it was also aligned with the driveway across the street on Ridgefield Drive per the recommendation of the town engineer and also to minimize the slopes in that area. The driveways for lot two and lot one were actually the location and placement of those were coordinated between our client and the town planner as a good and practical location for those. For erosion and sedimentation control, we've proposed silk fencing on each of the lots, we've also proposed temporary top soil stock piles on each of the lots and anti-track aprons for used during construction. One other thing I'd just like to add is that Peter mentioned that the sidewalk would be extended TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 8 MAY 25, 2004 along Felt Road to construct that sidewalk we'll have to clear out and remove vegetation at the corner of Ridgefield Drive and Felt Road, mostly on lot three and also cut into those slopes. If you've been at that intersection you'll note that the site lines there currently are not the best and by placing that sidewalk there, pushing back the slopes, or easing the slopes back and cutting back the vegetation we will be creating better site line for travelers or vehicles at that intersection. That concludes my portion of the presentation. Thank you. Chairman Thank you. Okay, I guess we will know go to town staff, Michele? Michele Lipe Thank you. This request for approval of an open space re- subdivision to create three lots, one which is already under construction for property located on the westerly side of Felt Road northerly side of Ridgefield Drive AA30 zone. Site size is 1.93 acres. As indicated, this land was incorporated in an open space plan that was started in the 80's and built in different phases through the 90's. At that time the regulations required a minimum 10 acres open space and as Peter referenced the 10.1 acres of open space has already been TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 9 MAY 25, 2004 deeded to the town in which the land was shown as part of a master plan for that, it just never came in for subdivision. So the regulations we're applying to them are the old open space regulations, if you will. The minimum lot size in the A30 zone for open space in 25,000 square feet the smallest lot size proposed here is 26,542 square feet. There are no regulated wetlands on the property. The applicant does not need wetlands approval for conservation plans it's less than half acre disturbance the erosion and sedimentation plans will be reviewed at the time of building permit applications. Sidewalk currently exists on Ridgefield Drive frontage and is shown to be extended along the Felt Road frontage this will complete the sidewalk network in this area and provide a complete sidewalk for people to walk on. Site will be serviced by public water and sewers. Water pollution control authority approval is required. There is a street tree easement shown on the easterly side of the street and they are proposing eight 2.5 inch Pin Oak trees to be planted in that area. As indicated by Ms. Schuler they are going to be removing some of the vegetation at the corner to help improve site lines and re-grading that area to make the side TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 10 MAY 25, 2004 works work. If this application is approved there are no planning department modifications requested. Chairman Thank you. Mr. Doolittle? Jeff Doolittle Yes, thank you. I had several minor comments. Most of which Town Engineer had been addressed by Design Professionals but the related to Swales necessary to catch water from each lot before it drains onto the next lot that's shown on the plans now. As Peter mentioned the driveway on lot three has been configured to try and minimize the run off onto that street and reduce the slope. The existing side walk down Ridgefield Drive, I made a note that where the driveway crosses it will have to be replaced and there may be other places along the side walk that have to be replaced once it's exposed, it's partially covered over by vegetation, as Peter said the landscaping is overgrown. Just to make that any defects, any cracks or lifted slabs in that area will be corrected at the time the property is built on. The only remaining comments which will really be taken care of during construction are that street excavation permits be taken out for each lot and the application must be made to WPCA for the sewer connections for these lots. TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 11 MAY 25, 2004 Chairman Okay, thank you. We will now got to the public, is there anyone in the public who would like to speak in favor of this application? Yes Ma'am. Yes, you need to go to the microphone so we can record you. Janet Woodback Hi, my name is Janet Woodbeck, We're at 25 Ridgefield Drive. 25 Ridgefield Drive We're the property owners that will actually touch all three houses that are being proposed. I had a couple general questions for whomever could answer them. (voice changes) Sure, go ahead and ask the questions to the chair and then we'll get them answered for you. Janet Woodback Okay. I believe I just heard that the intention is to leave the pine trees that are in existence all the way from Ridgefield all the way down to touch almost the very end of the properties, is that correct? I thought he said they of course could be? Pardon? They are going to stay, all of them or are you going to thin them out? Great, wonderful. We have a lot of wildlife there. How close will the three houses be to the pine trees? I couldn't tell by looking at the map? In other words, the back of the house to the pine trees. TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 12 MAY 25, 2004 (inaudible voice) Janet Woodback Okay. Okay. Chairman We're going to need to get you a portable microphone or perhaps Mr. Sullivan can turn on his and point it towards you or something because we're not picking you up. (voice change) I try to speak louder? Would that help? Chairman There we go. Judy Schuler Okay, again Judy Schuler, Design Professionals. The house on lot three as it's shown on the subdivision plan is approximately 66 feet from the property line and these pine trees are the center line of the pine trees are approximately 5 feet from the property line currently. Janet Woodback How close will the drive way be to the pine trees? Judy Schuler Now, again, this is again pictorial and the driveways have been located as such because we're trying to keep the separation from the intersection as far as possible. At this point it looks to be approximately 25 feet. Janet Woodback Okay. So we have 25 feet, 120 feet and what would be the one on the far right? Judy Schuler This house of course is under constructions, so... TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT - CITY VISTA VERBATIM MINUTES 13 MAY 25, 2004 Janet Woodback Exactly. Judy Schuler About 95 feet from the property line so maybe 90 95 feet from the evergreen. Janet Woodback Okay, now does the side loading driveway, lot number three is that in accordance with the variance that are existing as far as what the property lines need to be? Is that going to be too close to the pine trees? Judy Schuler No, no. The houses as they're shown conform to the current regulations. Janet Woodback Including the driveway? Judy Schuler Including the driveway, yes. Janet Woodback Okay. Is the property owner on record planning to be owner occupied? Or are you going to be selling it off? Wayne Gerlt I can't occupy three houses. Janet Woodback No, no, no, I mean at least one of them? So you will be staying. Okay. Okay. I think that ... do you know the approximate square footage I realize that depends on who buys them but is there an approximate square footage for the three houses, for the size of the house? (inaudible answer) TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 14 MAY 25, 2004 Chairman We're not going to pick you up, you're really need to speak in the microphone. Janet Woodback I'm sorry, sorry. Wayne Gerlt The house under construction is going to have 3,500 finished square feet it could be expanded to the third floor and to the bonus room over the garage it won't be done by me, we don't need that much space but it could be bigger it could be as big as 5,500 square feet. The other two houses we would hope would be similar in size, but again, I don't plan to even maybe (inaudible) right to sell the lots so I can't tell you that. Chairman Thank you. Janet Woodback Thank you, that's all I have. Chairman Okay, thank you Ma'am. So anyone else who would like to speak this evening? Either with questions, opposed or in favor at this point. Yes sir. Rich Magallin Hi, my name's Rich Magallin, I'm also abutting the property. I guess I've got three concerns and think they've already answered two of them. The sidewalk I'm very concerned about. They said that they will be putting a sidewalk in. My concern is on the opposite side when there was a subdivision put in, there TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 15 MAY 25, 2004 was no sidewalks put in so I just want to make sure that it's on record that this is going to be going in. The other side, again the sidewalks were never placed in when that subdivision went in so I want to make sure. I welcome having that sidewalk again I don't have to have my kids crossing the street on Felt, which is a very dangerous road. The second was again the pine trees again when the subdivision across the street was put in I understand that there was a requirement or an easement for trees to put in to block the view. I know that they're saying that they don't plan on taking the trees down but again that's leaving it wide open and I'd like to propose or I would hope that these trees stay. They're very beautiful pine trees, I'd like to see them stay and I guess the third thing I've got a concern about and it's just basically the construction that's going on right now. I know the town has an ordinance about noise and I've very concerned I mean we're hearing bulldozers before seven in the morning and going late into the night and I'm hoping that this wont continue on. I believe that there is an ordinance for noise restrictions prior to eight o'clock to at least keep the heavy equipment to a minimum. TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 16 MAY 25, 2004 Chairman I don't know actually if anyone here is exactly qualified to answer that, are you Michele? Michele Lipe There is a noise ordinance, however, it doesn't apply in residential zones. That's the town's noise ordinance. We do request through our pre-construction meetings that work take place between seven and five and no work on Sundays, however, it is a request. Chairman Okay, thank you. Rich Magallin Thank you. Chairman Okay, is there anyone else this evening? Yes, sir come on up. No, you need to come up and speak into the microphone. William Carroll Okay. Introduce myself, my name is William Carroll. People 328 Felt Road that know me call me Bill. I live at 328 Felt Road which is just north of the proposed site. I just want to pass on some comments. I lived in the house that I live in since 1975. It was built in 1968. It's nice home we've always enjoyed it because it's an island. We have this huge empty lot next door where the Krawski's used to farm and the squirrels would bring their corn stocks over into my yard. I had a huge rodent problem, I had a cat that killed 125 moles and I've zapped about another 50 TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 17 MAY 25, 2004 because the cat couldn't make it, too bad Dave still isn't here. But anyway, it's been pretty(inaudible) and the street is very pretty the house is set back, they're nicely spaced. And now we have a change. One of my friends that lives over on Valley View Drive. He wanted to know if I was putting an addition on my house. Why did he say that? That's because it's so close to my house. The houses across the I just paced them off they're about maybe 100 and I don't know, they're about 40 paces times three, I don't know this one is about thirty from my house, the one they're building. And for some reason maybe someone can explain it to me today, they chose to dig down into the earth so there's an embankment, probably about two feet high that's right beyond the edge of my property. I just didn't understand that, why they had to do that, I think it'll just kinda spoil the whole appearance of the area. So the house is built, you can't move it and another thing you might want to answer for me is how come we're having a hearing after one of the houses is already built? It's a little too late to talk about it, it's there. It's cast in concrete, literally. So I'm a little bit disappointed with the whole situation the carpenters are there TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 18 MAY 25, 2004 banging away I mean that's life. I'm retired so I can take a nap in the afternoon if I have to, so it's no big problem there. I know Wayne from somewhere in our history where we crossed. Were you in the Boy Scouts or associated with that? Yes. I think my kids were, or one of them was involved with that. So, when I found out the Wayne was going live next door, which I only found out from a neighbor about two days ago, I wasn't going to bother to come, because it's really too late, but I just wanted to express my feelings and I don't know if you can do anything about it, but there is a line of trees and an old stone wall that exists between the two houses, and when they survey the land it appears that the stone wall is in Wayne's yard from eyeballing it. About half the trees are in his yard and the other half are in mine. I live next to a street called Tall Wood and it was called Tall Wood appropriately because we have a lot of tall wood. I'd hate to see those trees removed. They talked about the pine trees in the back of Wayne's property, which looks like they're going take care of them. But nobody talked about the trees on the North side of the property, which is where I live. So, those are all the things I had to discuss, I don't TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 19 MAY 25, 2004 know who, if you could come back to me and talk about them a little bit. Chairman Okay. William Carroll Make me feel better or tell me to go to hell, whatever. Chairman Well, I had a hard time picking out which were questions in there. Would you like to try to reframe, are there specific questions you would like the applicant to respond to? William Carroll Yeah, as far as their house being so close to mine. Is it within, is the zoning for Felt Road, excluding the present property, you know like where I live, was that different from the zoning requirements where Wayne's new house is? Chairman Well, why don't we ask our town staff to answer that? I believe these three lots are A30 I think the rest of the area is as well. Michele? Michele Lipe This is the A30 open space and when you go to open space you get to have smaller lot sizes and your set backs differ. I believe scaling off, and correct me if I'm wrong, but the house that's under construction is 30 feet from the property line? (voice changes) Yes, it is. Michele Lipe So it could be as close as 15 feet, however, it is 30 feet is what TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION APPL 04-35P ELAINE D. GERLT - CITY VISTA VERBATIM MINUTES 20 MAY 25, 2004 it's shown at. Maybe Wayne,you want to address how you went under construction under a different zoning originally? Wayne Gerlt Sure. William Carroll You might want to comment on why you dug out the embankment too? Wayne Gerlt Yeah, It's not dug out, Bill, the top soil has to be placed back afterward. So we have to strip the top soil off. William Carroll Oh, you got to grade it, gradually? Wayne Gerlt There was about 2 feet of soil and debris that we had to move out of the way... William Carroll Okay. Wayne Gerlt To put the foundation in and then when we finish grading it, it will all be put back. Unfortunately, a couple of those trees have to come down, if you notice when I built the house I didn't take anything down we simply sited the house and a couple of the oaks trees as it turns out are leaning right over the house and we're going to have to do something to trim those back whether we just trim them or take them down I don't know yet. I have to get a tree surgeon over there to take a look. We tried not to disturb anything but some are going to have to go. The grading TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT - CITY VISTA VERBATIM MINUTES 21 MAY 25, 2004 will come back to normal hopefully when we finish that, although we have to swale little bit so there will be a little bit of a gulley to get the water around the house. Where there other questions that... William Carroll Well you know after looking at the lot plan, lot number 1 it looks like what I would have, that's probably the finest lot in the town of South Windsor. It's right up on the crest of the hill. It has a beautiful view of the City of Hartford and it seems to have a lot of space around, but where your house is seems to be very little space around you house, on the sides of the house I guess the front and back yard I guess are alright but I don't know why you didn't divide them up evenly or equally you made that one on the corner a lot bigger Wayne Gerlt Well I did because it has to have a 50 foot set back on two corners. The house has to be pushed back on the street in both directions. To allow site lines. William Carroll Okay. Wayne Gerlt Okay? (voice change) (inaudible voice) Chairman Okay sir? Did we answer your questions as best we could? TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 22 MAY 25, 2004 William Carroll Well, I guess you didn't answer my question about the lots, about the, I didn't realize that Wayne's property was part of that other subdivision. Chairman Okay. William Carroll I was thinking that being part of essentially my subdivision and it looks like at some point in time you must have changed the rules on frontage and so forth, does that make sense? Could that have happened? Michele Lipe Well, actually it goes back to the original Ridgefield subdivision did show this land as part of the Ridgefield subdivision from the from it's onset so I think it's always been proposed to be a AA30 open space from all the records that I've seen. William Carroll Okay. Michele Lipe There's about five different phases to it. William Carroll So that's always been the case in the Town of South Windsor? Michele Lipe Since 1982 when it went into the open space category this land was included in it. William Carroll Yeah, alright. Chairman Okay. Is there anyone else with questions, concerns? Seeing TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT - CITY VISTA VERBATIM MINUTES 23 MAY 25, 2004 none we'll go to Commissioners. Commissioner Sullivan? Comm. Sullivan I have no questions. Chairman Commissioner Finer? Comm. Finer I have no questions. Chairman Commissioner Kennedy? Comm. Kennedy No questions. Chairman Commissioner Chaote? Comm. Choate I have two questions. Mr. DiMellie, Mr. Doolittle mentioned repair of sidewalks along Ridgefield Drive, if need be when you get into construction do you have any problem with that? Peter DiMellie Well the easiest, we're going to have to do some, well first of all the, most of the utilities are going right out to Felt Road so those will be accommodated and we'll be putting in the sidewalk after. The existing, along Ridgefield Drive there's the older sidewalk that was installed I believe it was by LaCava (sp?) Construction Company originally when they built Ridgefield Drive to get back in there. Some of those sections may, we absolutely have to replace the sections where a driveway is going through because it wasn't designed to accommodate loads for vehicles, so we'll have to do that. As TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION APPL 04-35P ELAINE D. GERLT - CITY VISTA VERBATIM MINUTES 24 MAY 25, 2004 we get down toward the intersection where we're coming in with a new phase anyways, that the easiest part relatively easy relatively inexpensive to do. If we, so if we find some in disrepair as we uncover, because they're overgrown and all that stuff. I don't think you can even walk along it right now. But, uh(laughs) what do you want to do Wayne? - Wayne Gerlt The answer to question really is I have two grandchildren and one of the reasons I didn't at all object to putting the sidewalks in is we're looking forward to it. To walk with the kids and go around the corner so I plan to replace what I have to over there. Comm. Choate Thank you, I just didn't want to see... Chairman Probably the easiest thing on this maybe Jeff can probably write up his comments and then we can add them as a approval -condition. Comm. Choate I just wanted to ask to make sure it was, it wouldn't be a problem. Peter DiMellie So no objection. Comm. Choate And the other question I have is, this is quite a stand of pine trees, do you have any objection to offering a tree easement to them? TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 25 MAY 25, 2004 Wayne Gerlt Yeah, I do. Absolutely, I do. One on just principle but secondly because if I sold you the lot for $175,000 and told you that you couldn't cut the trees down I don't think you would think that was fair, and that's really the answer to the question. I don't happen to mind white pine trees, I don't happen to think they're that beautiful,but they are providing some buffer, bet there are people that hate them and if they want to take them down and put something else there I mean, I don't want to tell them that they can't do that. I don't think it's fair. Comm. Choate If there was a tree easement, could you remove and replace? Is that... Michele Lipe Well the conservation easement the town has now does provide for some flexibility in you know what the easement's being taking for and there is a provision in there removal and replacement of in the current easement that we use. Wayne Gerlt But it's a very unfair burden to put on the home owner it's not fair, it's not necessary here. If a buffer is required they can put a fence up put their own trees up if these are taken down. It's not fair to put it on onside of the property and not the other. Peter DiMellie I could give you, if I may just respond, I have a buffer next to TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 26 MAY 25, 2004 me on my lot. Good friend of mine, next door neighbor, he's got like 200 feet of evergreens he happens to trim off. Right around the corner from here. He installed those, it enhances the. privacy in his backyard also does mine. I believe they're hundred percent on his property probably a few are on my property but that's okay. If, I don't think as an abutter I don't think he should be required to maintain that buffer forever. First of all over time sometimes the trees don't look good. If you know white pines have a tendency to lower branches to die off. They don't always look great as they mature. They are wonderful trees sometimes, I know I got one that's like 100 feet tall in my yard, but they're not always the best tree and they're a messy tree. So there is a possibility someone may want to come in and hire a professional landscape architect, we happen to know some one in town who happens to live in town and work at our office, but they want to come up with a completely different scheme for how they want to landscape the property to give them whatever measure of privacy they want. And it may be something completely different from the white pines that were planted there what, twenty years ago or so. TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT - CITY VISTA VERBATIM MINUTES 27 MAY 25, 2004 So, that's my thought. I don't think my neighbor should be required to maintain those trees and I have every opportunity to plant something if I want to also. Comm. Choate Thank you. No more questions. Chairman Commissioner Larsen? Comm. Larsen There was a mention of a stone wall. I know that's kind of a New England kind of look and stuff. Can you tell us a little bit about the stone wall that's there? Peter DiMellie Yeah, It is there on the North adjacent to I guess Mr. Carroll's property. Oh, he's gone, Okay. It's not in the greatest repair as I recall. It's not a picturesque stone wall like you might see in Pomfret or Woodstock or some parts even of this town. It's not in the great repair. I don't know what Wayne's intentions are with it. Wayne Gerlt We don't plan to touch it,but it's in the tress, you can't even see it. We stumbled on it when doing survey work to try to find the corners, that's how hidden it is. That's why you didn't see it before. But, we're not taking it down. Peter DiMellie It's not like a professionally constructed dry wall you might see three, four or five feet high. It's random throw the stones there, TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 28 MAY 25, 2004 more along the lines of that. It's not a real beautiful stone wall. Comm. Larsen Okay, thank you. Comm. McCann Michele I have some general questions particularly as to why we're hearing this as a re-subdivision? Was this part of a subdivision that was approved twenty years ago? Michele Lipe It was shown as land to be considered in the calculation of the number of lots approved, however, these lots were never approved by the commission as building lots. Chairman Okay. And it shows here, zoning data block, it shows the minimum lot area, lot width, depth and so on, under our regulations the minimum lot area for a AA30 zone is 30,000 square feet and the minimum lot width is 150 feet. How come the block that we have here are different? Michele Lipe These are the open space regulations are different. When you apply an open subdivision you reduce the lot size to, in this case, 25,000 square feet. The open space regulations that were in place at the time that this land was originally shown this is the zoning data block if you will from those regulations. Comm. McCann Can we get a copy of those regulations? If we're supposed be applying those to this application I think we need to see what TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION APPL 04-35P ELAINE D. GERLT - CITY VISTA VERBATIM MINUTES 29 MAY 25, 2004 those regulations are. Michele Lipe Sure. Peter DiMellie I eluded to them and they'll be in the minutes but the regulations, I know there's reiterated by Marcia Banach and her comments, I can give you those dates if you like, but I read them previously. So you'll have them in the record. Where it was referenced in the public hearing minutes of prior sections of the subdivision. Incidentally, if I may just answer that one questions about why is it re-subdivision? Comm. McCann Yes. Peter DiMellie Originally there were 20 acres each I think, each of the Krawski boys. Billy, Joe and I forget the other gentleman's name. And they put this all together and created a subdivision. So the originally parcel's been subdivided since the effective date of subdivision regulations May 2, 1949 and as a consequence, any further creation of any other lot is re- subdivision by law. So that's why we had to go as a re- subdivision application. Comm. McCann That's where I'm a little puzzled. If this is a re-subdivision, you have to come to us as a re-subdivision, don't our present TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 30 MAY 25, 2004 regulations apply to it? Michele Lipe This commission and I, looking up there I see, when we adopted new open space regulations which were back probably five or seven years ago any subdivision that were started under the old open space regulations were allow to continue under those regulations. That was a commission decision. Comm. McCann Forever? Michele Lipe Well, this is the last of them, if you will. There was Stemming Hill Estates was under construction in various phases at that time. Sue's shaking in some kind of recollection there. Comm. McCann But don't we require that the subdivision be built within five years of the approval? Michele Lipe I think I am going to leave that to the attorney to address because their, and I believe we agree with it and Judy Schuler has the plans that show where this land was shown as part of this area an part of this subdivision. However, the lots were never approved. Peter DiMellie If I could just address a couple of things here. First of all, Ridgefield Estate Subdivision the five year requirement and then the five year requirement to have that is applicable to TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 31 MAY 25, 2004 particular section once the commission has voted to approve the forty scale plans for that particular section. So that would apply for that part of it. As far as the ruling of the Planning & Zoning Commission when they modified the regulations and I think it was back in September 10, 1985 there's a Planning& Zoning Commission ruling that Marcia Banach, Director of Planning eluded to in minutes April 12, 1988 and I can even show those to you if you like, Michele. At that time, and I do recall that because at that time I was the, in 85 I was the Director of Planning. And also in 1988, I was involved with section two with LaCava coming in so I recall that part of it. I do have the minutes with me if you'd like to see those, but it did elude to, references Planning&Zoning Commission when they modified the regulations said any subdivision that had started could be completed under the prior regulations before they were superceded. So that's been consistent with, this is not the only subdivision there are other multiple subdivisions where that was applied as well. Comm. McCann But not subdivisions that were started 20 years ago? Peter DiMellie Well, some of the subdivisions went on for quite some time. TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 32 MAY 25, 2004 Comm. McCann The reason I ask this is that under our present regulations, which require a 30,000 square foot minimum lot size and a 150 foot... Peter DiMellie Actually, in an open space subdivision I don't have my... Comm. McCann For a AA30 zone we require... Peter DiMellie open space subdivision is... Comm. McCann Page 171, Michele. Michele Lipe You're looking at the bulk requirements for a conventional. You want to go to page, it's 180 in my book. That's for a conventional subdivision what you've got right in front,of you there. If you a couple pages more you'll see the open space requirement. If you came in with a AA30 open space today you could be as small as 15,000 square feet. 180 section 10.3.7 Peter DiMellie We'd actually have enough area under those regulations to put in 4 lots. Michele Lipe Are you finding 10.3.7? Peter DiMellie And still meet the requirements of open space and still meet the requirements of I believe every single consideration, but we're not doing that. Comm. McCann But it would require a new application of the present TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION APPL 04-35P ELAINE D. GERLT-CITY VISTA VERBATIM MINUTES 33 MAY 25, 2004 regulations. What I am trying to get at is I am grappling with is what regulations are applicable to this application? And from what's been presented to us tonight, I don't have enough information to tell me what regulations are applicable. And if they are the regulations that were in effect in 1985, I don't have those regulations. And I need to see what those regulations are to make a determination that these, that this application fits with in those regulations. Michele Lipe We can provide you with a copy of the old open space regulation. We can hold the hearing open if you want and I can go upstairs (side one of tape ends, interrupted dialogue) however I don't want to hold up the meeting for that, I can whatever you prefer. Peter DiMellie If you like I can just read from the minutes directly and show it to you but I can read from April 12, 1988. 'Town Planner Marcia Banach presented her report. This is a request for an open space subdivision in AA30 zone would create 25 lots on 22.4 acres previous phases of subdivision were approved on the old open space requirements at the time that the new open space regulations were adopted on September 10, 1985 it was TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT - CITY VISTA VERBATIM MINUTES 34 MAY 25, 2004 stated in the P.Z.C. minutes that any developments currently underway would still be governed under the old regulations for future phases thus this subdivision falls under the old requirement.' So that's where it was clarified and that was back in 1988. Comm. McCann And that was in relation to what application? Peter DiMellie LaCava's application I can tell you in just one second. Comm. McCann This is with regard to the Ridgefield application? Peter DiMellie Section four, alright. Michele Lipe It was Ridgefield section four, which was approved in eighty eight for I think, 47 lots or somewhere around there. 25 lots. Yeah, It was approved in 1988 and that was for I believe it was 25 lots. Michele Lipe And again in 1992 we approved Ridgefield 3A which was another 5 lots under the same regulation which were on the south side of Ridgefield. Wayne Gerlt Commissioner McCann, when I brought the project in a spoke to the town planning department, I believed that I could apply under the new regulations and try to get 4 lots. I was quickly dissuaded of that perception and went back and read the TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT CITY VISTA VERBATIM MINUTES 35 MAY 25, 2004 minutes and I reached the same conclusion that Peter has reached and that your planners have reached that this commission clearly said it had to be the old regulations that applied, that you couldn't use the new regulation. And I had 2 choices then. I could do a conventional subdivision, but then I'd have to come to you to try to get that changed because this is open space subdivision or I could do the open space subdivision under the old regulations. There really wasn't any option for us. So that's how the application comes to you this way. It was the action of this commission that set that up. Just to answer your question. Comm. McCann Okay, I understand that that's what you were advised by the Planning Department,but my obligation as a Commissioner is to apply the regulations that are applicable to this application. And I understand you have minutes and Mr. DiMellie has read those minutes into the record, but I need to look a little further to make a determination as to what are the proper regulations that are to be applied in the instance. And the way to do that is to take a look at the application that was approved for the Ridgefield subdivision originally. To take a look at the change TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT - CITY VISTA VERBATIM MINUTES 36 MAY 25, 2004 in our regulations from that old subdivision regulations to the new subdivision regulations and how they were made to apply retroactively to subdivisions that had been approved at that point. And to look at those old regulations if in fact those are the ones that apply. Michele Lipe What I have here is a sheet that we have that we hand out at our counter that is the open space regulations that were in effect prior to 1988, and I'll hand those out for the commission. Comm. McCann Good. Michele Lipe It's the bulk requirements for those, it's not the whole regulation but there's a note on here, that for subdivisions approved prior to 8/1/99 which is when you did your major change for the open space regulations. The only other suggestion I have is to hold the public hearing open and we can research it further and get advice of Town Attorney. Comm. McCann Okay, for example. I don't know whether the old regulations would give us the authority to require a conservation easement over those pine trees in the backyards. I just don't know what the old regulation says. Peter DiMellie That would, if I may, address that chairman? TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT - CITY VISTA VERBATIM MINUTES 37 MAY 25, 2004 Chairman Sure, go ahead. Peter DiMellie That would be not the zoning regulations that we're talking about in the, that would come under subdivision regulations and there haven't been a lot of changes to the subdivisions regulations over the years in terms of conversation easements and stuff. So, if you were to do research for this, you'd look at not only zoning but also subdivision regulations. And I know you've historical copies either in the Town Clerk's office or in the Planning Department. Michele Lipe I can't say unequivocally no, but I suspect that the answer we're going to find is no, but certainly that's something we can research for you and bring back to you. The old regulations. Comm. McCann I just like to be able to act consistently with our regulations. Whatever regulations apply to this application. I want to make sure that we follow those regulations. Michele Lipe That's fine. Comm. McCann Okay. I have no further questions, thank you. (voice changes) Mr. (inaudible) Just one quick question to just make sure that I understand with regard to this use calculation that's shown on page one? When it talks about the lots that are used in the TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 38 MAY 25, 2004 calculation, it was based on the assumption that there would be these three lots? Peter DiMellie Yes. voice So that this use calculation is for the entire Ridgefield one assuming these three lots were part of it in that 10.1 acres that was then deeded as open space includes this base area as part of that calculation? Peter DiMellie Yes. During the entire, every single section addressed that and it did portray 3 lots at that location. voice Okay. Thank you. Chairman Are there any other questions? voice changes Yes, Mr. Chairman. One other, with respect to that land use calculations. It's also notes that there are 2.84 acres of conventional subdivision. Was any of that included within this area? Peter DiMellie A conventional subdivision? I believe that Joe Krawski used to live on the west side of Foster Street which and I think was several are created over there, 3 or 4 lots. Yeah, he used to reside over there. I think at one point Link Streeter bought his house I think when he moved out. But that, I believe that was TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 39 MAY 25, 2004 done on the west side of Foster Street and that would have been part of an open space subdivision. voice You mean Felt Road? Peter DiMellie What's that?No, no, Foster Street. voice Oh, west side Peter DiMellie No, no west side of Foster Street. voice So the other end of the Ridgefield subdivision. Peter DiMellie In fact why don't I show it to you on a map because Judy's been so kind to bring it up to me. There were, and that's not part of the 67 lots that we have in our calculations but no, I'll show the four lots and I forget which one, I think it was the southerly most one that Mr. Krawski had at the time, but on the west side of Foster Street opposite Orchard Hill Drive, which you cannot get there through the subdivision, in fact it was a major change at one point. They originally thought that it would go in opposite Orchard Hill, but there's steep slopes and offset right away which you can see so it never happened. But, I'd be glad to, is this an extra copy? Judy Schuler Those are copies. All of those are copies, actually. Peter DiMellie Okay. Alright. Why don't I bring these up if I may? TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT - CITY VISTA VERBATIM MINUTES 40 MAY 25, 2004 voice Sure. Peter DiMellie Are these identical? voice Sure, go ahead. Peter DiMellie Okay. Judy will be going up and she'll indicate to you where the four conventional lots are that were don't prior to the open space subdivision on the west side of Foster Street opposite Orchard Hill Drive with a 50 foot right away, approximately 50 foot right away in between back to 4.3 acres of open space called open space one. Judy Schuler (inaudible) Chairman Okay. Do you have other questions, or are you all set or, okay. Peter DiMellie And incidentally, that exhibit we just submitted is Ridgefield section two cover sheet or location map as they called it. Sheet one of one, title sheet. Chairman Okay. I believe we can close this part of the public hearing. Is there any reason why we're keeping it open? Comm. McCann Mr. Chairman, I think we do need to keep it open to get the evidence concerning the regulations that are in effect with respect to this re-subdivision. Chairman Do we need to keep it open or have those before we act on TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION APPL 04-35P ELAINE D. GERLT - CITY VISTA VERBATIM MINUTES 41 MAY 25, 2004 them? Comm. McCann We would be taking it as additional evidence... Chairman Okay, alright. Comm. McCann ...with respect to this application. Chairman Okay. Comm. McCann So I think we need to keep it open Chairman Okay. Peter DiMellie What is a possible date of extension or continuance? Chairman Well we're meeting in two weeks. I don't know what the agenda looks like. I presume there's going to be ... Michele Lipe We have a public hearing going forward in two weeks so, Chairman What's that? Michele Lipe We have a public hearing going forward in two weeks so we can put it on the public hearing. Chairman Okay,because I can presume it will be relatively short. We'll only be visiting the issue. So I think we can put it on in two weeks. (inaudible) I don't know some day. voice changes Can I ask one last question? Chairman I guess since we're here, go ahead. voice Just a clarification, and again, I built my house in 1995 and TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 42 MAY 25, 2004 again, LaCava again was the subcontractors. And when I went to look for a lot, these three lots weren't included in the lots offered by LaCava. And I'm just trying to understand was it part of the subdivision but they didn't... Michele Lipe They weren't they approved as building lots. This is the first time they've come forward to actually be approved as building lots. voice Okay so... Michele Lipe They were subdivided by LaCava. They were shown on a concept plan to be incorporated into a master plan of open space subdivision to come in in subsequent phases. voice Okay. Peter DiMellie If I may just... Chairman Sure. Peter DiMellie ...add one more point if I may. The subdivision of Ridgefield Estates was not always done by the, each section was not done by the same parties. Bill Krawski did the south along Felt Road, Section 3A. LaCava did at least one section and I think the Krawski Family did another section so it was in multiple. ownership. TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION APPL 04-35P ELAINE D. GERLT - CITY VISTA VERBATIM MINUTES 43 MAY 25, 2004 Wayne Gerlt And, I just want to correct something you said. At the time when everything was approved, these were owned by LaCava. But prior to starting construction, he deeded these to Krawski and Krawski deeded something else back to him. I can't remember what that transfer was, but happened just before they started that last section. Michele Lipe But they've never shown up on a plan as an approved building lot. Wayne Gerlt They never were approved as building lots, no. Michele Lipe Yeah, that's I guess, my point. Comm. McCann Mr. Chairman? Chairman Yes, Commissioner McCann, sure. , Comm. McCann This location map that we've been given with respect to the entire subdivision, as I look at it, it raises more questions that I think it answers. It shows two lots on here that are lots 20 and 21 formerly shown as open space. Is that something that was changed from open space to a lot? Did that reduce the amount of open space here? Michele Lipe They were later approved as building lots. The two at the end far end of the cul de sac? TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 44 MAY 25, 2004 Comm. McCann Yes. Michele Lipe Yes, they were later approved as a, yet another application and those were approved as building lots. Comm. McCann And did that reduce the amount of open space for the subdivision? Michele Lipe Well, see what the, the way that open space calculation used to work is, you came up with a formula and it came up with a number. If it was less than 10 acres you had to give a minimum of 10 acres. Comm. McCann Right. Michele Lipe So this, I think as Peter eluded to up front it needed five point something acres, but the had to give a minimum of 10 acres of open space. Peter DiMellie And they had 10.1 and they're showing it on the map as 1, 2 from number 1, 2 and 3 it totals 10.1 acres. Comm. McCann Okay, so the 1, 2 and 3 that's shown on this location map has 10.1 acres, not included lots 20 and 21 Michele Lipe That's correct Peter DiMellie That's correct. Comm. McCann The other question I had is that on the zoning data block that TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 45 MAY 25, 2004 we have here shows total number of lots of 67 and we show 71 lots on this location map. Where are the other four lots coming from? Judy Schuler Judy Schuler again, actually, when this came up, and looking at the land use calculate, or the open space calculations, Michele and I did a lot of research looking back at the previous subdivision applications for section 2, section 3, section 3A, section 4. If you look from plan to plan the lot numbering changes, the configurations of the lots change so the actual configuration of the lots and the lot numbers if you look from plan to plan vary. I don't know if that, that doesn't really answer your question. Comm. McCann No, it raises more questions. That's what I'm getting at, that's why I'd like to see the documents, the regulations, the changes, the minutes that can allow us to determine just what's going on here and what is applicable. Chairman Okay Peter DiMellie Excuse me, we have a subsequent plan that was done and this was section 4, which was LaCava, which was the northerly section in the interior. And that has a numbering system that TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 46 MAY 25, 2004 includes those lots at the easterly end of Krawski Drive you just referred to and it has a total numbering system and I guess we're talking about, it shows 70 lots. And, we'll have to go through these. Judy Schuler (inaudible) Peter DiMellie Yeah, as Judy just remarked, in either scenario, that maximum allowable in your regulations were 74, I believe, it was 74 lots and we don't approach that. Comm. McCann But, according to this, 67 lots were approved. According to the plans that are submitted as part of this application, 67 lots. Peter DiMellie 64 were actually approved and we're proposing 3. Comm. McCann That's correct. Peter DiMellie Yeah, 67. Comm. McCann 64 were approved and 3 proposed on your zoning data block. The map that we have here, location map with regard to section 2 shows 71 lots. I just don't know what was approved, how many lots were approved... Peter DiMellie I think I have an explanation for that.... Comm. McCann ...and how we can fit this all within that applicant... Peter DiMellie ...from the original project site not the Ridgefield Estates open TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT - CITY VISTA VERBATIM MINUTES 47 MAY 25, 2004 space subdivision there are four lots the difference between what you see there is 71 and what we're talking about 67 is four lots, those are the conventional lots on the west side of Foster Street. They numbered those for some reason even though they weren't part of Ridgefield Estates. Comm. McCann Okay. Peter DiMellie There were four original building lots that I believe it was Joe Krawski, whoever the teacher was I think it was Joe, created those four lots at one point from his original 20 acres the father gave and mother gave each boy 20 acres. And there were 60 acres if recall correctly something to the effect. And he cut out four acres at one point, four lots at one point, conventional lots, so that's why you come with 71 on that map and that's, you subtract the four conventional lots, and you come up 67 in the open space subdivision. Comm. McCann Okay. Thank you, alright. Chairman Alright, so I believe in two weeks we will have a summary of the evolution so we can act on it hopefully relatively cleanly as well as a copy of that section of the regulations from what, 1988? Is that what we're... most us weren't born close to 1988, TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 48 MAY 25, 2004 but that a different issue. Michele Lipe We'll go back to, I think 1985 was the original approval we'll get those and we'll get any changes since then. Chairman Alright, you can prepare a summary of that for us and then Peter I suspect will have his own as well and then we'll be able to proceed rather rapidly. I believe this enables us to close this part of the public hearing, we'll be reconvening ... voice changes Mr. Chairman should we motion to ... Chairman Oh, I'm sorry, yes. voice ...keep the application open? Chairman You are perfectly correct. Thank you for the kick. You have the floor. voice I move to keep the application open until June 8th. voice changes Second. Chairman Okay. Discussion? All in favor? Opposed? We will be reconvening in a few minutes downstairs. STATE OF CONNECTICUT} } ss. SOUTH WINDSOR COUNTY OF HARTFORD} Date: December 30,2004 I, Sarah Briggett,hereby certify that I typed an accurate transcript of the meeting of June 22, 2004 of the Planning &Zoning Commission regarding application#04-35P, Town of Elaine D. Gerlt, City Vista. That a true copy of said transcript is attached hereto,and is- accurate to the best of my knowledge, ability and belief and further certify that I have this date filed said transcript in the office of the Planning&Zoning Commission. SarahBrigge t 1,4 `` .. j Date STATE OF CONNECTICUT} } ss. SOUTH WINDSOR COUNTY OF HARTFORD} Personally appeared_� r`, , signer and sealer of the forgoing instrument and acknowledged the sam be her free act and deed, before me. Notary Pu�c My Commission Expires • 1 w t TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 1 June 22, 2004 MEMBERS Timothy Wentzell, Kevin McCann, Sue Larsen, Cliff Slicer, Suzanne PRESENT: Choate ALTERNATES Michael Sullivan PRESENT: Marc Finer STAFF Michele Lipe, Assistant Director of Planning PRESENT: Jeff Doolittle, Town Engineer McCann I think the major question with this application is which regulations apply to this application? The present regulations which this application would not qualify because it doesn't meet the size requirements for the lots that it proposes. (Inaudible) an open space subdivisions it would not set aside 50% of the property in an open space. Or the 1985 regulations which have been requested by the applicant. In which case it,would comply with the size requirements on those regulations. Typically, planning and zoning commissions apply their existing regulations to whatever application comes in after those regulations are passed or adopted, they become effective. Our regulations here have been effect since 1999. The applicant has suggested that we have applied our old subdivision regulations to other subdivision applications even after we passed the new regulations but the only one that they pointed out, the one that the applicant pointed out was the Deming Hill Estates subdivision which was an ongoing subdivision at the time and in our minutes for considering that subdivision the commission decided to allow that subdivision to continue under the old regulations. There is a provision in the statute that allows planning and zoning commissions to waive particular sections of the regulations upon a three-quarter vote of the commission. With seven members, that would require six members to vote in favor of that. I believe that the commission (inaudible) to allow the old regulations to apply. I think there's a significant different though between this application for an extension of the Ridgefield the old Ridgefield subdivision which is now quite (inaudible) and the TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 2 June 22,2004 Deming Hill Estates sub division in terms of the timing of the application. With Deming Hill Estates, there was a continuous development of that subdivision (inaudible) and by the time the last phase came around for our approval it was after we had adopted new subdivision regulations but it was an ongoing project. And we noted additional (inaudible) at the time that it was an ongoing project and for that reason determined that the reasonable thing to do was to continue the completion of that subdivision under the old regulations. In this instance we have a very considerable gap between not only the last approval, but the last activity in this subdivision. The other thing Kevin, too that struck me as odd is somebody else gave away the open space or supplied the open space. McCann There have been four different developers. So, you know, at least in Deming Hill Estates the developers that had quote borne the cost of setting aside the open space was still the same developer. Where here we have a case where some other owner of sorts another development gave away the open space and now we got somebody else coming along later and taking advantage of an open space contribution that they didn't make. McCann That's right. Choate I just have a question. Was there, I thought from our the public hearing at least that there was another part of this, The Ridgefield Subdivision, that was done in the same manner. Or was it part of the on-going process? DeMallie There were ... Lipe We had done those in the new regulations in 1999. Choate Right. Lipe The last activity in Ridgefield 3A which is the southern Ridgefield the last C.O. was issued in '97 it was approved in '92. So there wasn't j 1 TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT-CITY VISTA VERBATIM MINUTES 3 June 22, 2004 anything done since the new open space had been adopted. If that answers your question. Choate Yeah, I think so. McCann According to Mr. DeMallie's testimony, first approval was in '78, next approval, and that was for four lots of the conventional subdivision with Joe Krawski Junior with no open space. And May of'83 the commission approved a 15 lot open space subdivision and 4.3 acres of open space was set aside. And December of'84 the commission approved 17 lots for section 2 for LaCava Construction, 1.7 acres of open space. Then Bill Krawski applied for a 5 lot subdivision and he was denied for a couple of reasons, one of which was that concept plan said 4 lots and he wanted 5. The court said that you couldn't apply a concept plan to his application but the court did say that the commission could deny his application because the slopes were too great. Then before he came back to us there was another application by LaCava in June of'88 in which the commission approved 23 lots and no open space was conveyed at that time. In January of'91 LaCava came to the commission and once again and the commission approved 2 more lots with no open space then in September of'92 Bill Krawski came back to the commission and got approval for 5 lots and deeded 4.1 acres of open space which completed the 10 plus acres that were required under those regulations. And as Michele said, that last activity, the last C.O. was issued in 1997. It was August of'97 which would have been with in 5 years of that last subdivision approval as required by the statute and well before the new regulations went into effect. DeMallie I guess the, go ahead. McCann When we adopt regulations or change regulations we do it because prospectively, we want those regulations to apply to new applications •t TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 4 June 22, 2004 that come before us. We certainly can't do that to an application that was pending at the time that we adopt the new regulations. That is clear from the statutes that we can't change the rules on somebody who's already filed an application. And we have some discretion with respect to a waiver of certain portions of our regulations when we believe it's a reasonable accommodation for a particular application and it doesn't create a hardship for surrounding (inaudible). And I think that's probably what was done in the Deming Hill Estates subdivision, but again I think that the crucial difference there was that was an on- going subdivision and it was a continuous development of that subdivision that was the reason for applying the old regulations there. We don't have that here there's a significant gap. Well the other part too is why is this technically part of Ridgefield? 1 mean it's a piece of property that somebody bought later. mean this would almost like I take my piece of property that's next to an open space subdivision that has more than the 10 acres contributed and said, well I'm gonna build lots next to it and it's gonna be open space and oh, by the way, they already gave the open space for me. I mean, you know I'm just struck by the irony here that this piece of property was you know, one of the things is, in our open space regulations here is a cost to the person doing the development of giving away the open space and in this case it's not even the same party. So how is it then part of Ridgefield is kind of the irony I think. Choate The application is only based on the fact that there was a concept plan but there's really nothing binding with the concept plan anyway from what I understand. Wentzell Even in this case I guess the Judge ruled that. That's there's nothing binding. Choate Right. When was this... TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 5 June 22,2004 The previous case was that the concept plan couldn't be used as justification to deny, so presumably it couldn't be used as justification to rationalize that a subsequent subdivision should be approved based on what the conception plan was before. Wentzell It was my understanding what we're really talking about here is 2 lots verses three lots. Choate When did they purchase the property? Lipe I don't know. (inaudible)They are current owners. McCann It's been almost 12 years since our last approval of any phase of the Ridgefield Subdivision. This re-subdivision even comes into us with a new name, City Vista, parenthesis Ridgefield section three. I just, only looking on the time we approved the application which is twelve years or the activity that occurred after so that '97 was really when the C. of O.swere given, is that really the end of the activity? McCann That's the end of the activity. Subdivisions are required to be completed within 5 years of the approval unless the commission extends it, but the commissions can't extend it beyond ten years from the initial approval. So, I just want to be on the same page as everybody. Are we looking at it as a 12 year gap or, and maybe it makes no difference, a seven year gap from '97 to 2004. 1 just want to make sure I'm on the same page as everybody else. McCann I think it's a seven year gap. Okay. I think so too. I guess the key point being that you're still talking about either way a 12 year gap or a seven year gap. Right, and that's why I said Previous developments ended before the regulations were changed. • ~4 V TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 6 June 22, 2004 There was no other pending application for subdivision at that time by the developer. Wentzell We could entertain motions. McCann I'll make a motion to deny application 04-35P for the reasons that we just discussed and also for the reason that the proposal does not comply with our current regulations for open space subdivision in that the lots that are proposed are undersized and don't have the sufficient width. Wentzell Do we have a second? Choate Second. Wentzell Discussion? Seeing none, we call the motion. All in favor? Aye. Opposed? Larsen No. Larsen? Larsen No. McCann? McCann Aye. Choate? Choate Aye. Slicer? Slicer Aye. Sullivan? Sullivan Aye. Finer? Finer Aye. Wentzell? TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION APPL 04-35P ELAINE D. GERLT-CITY VISTA VERBATIM MINUTES 7 June 22, 2004 Wentzell Aye. No can we go ahead and approve this as a 2 lot regular subdivision or is that actually a different application? Lipe That's not the request. That's not the request, so we (inaudible) STATE OF CONNECTICUT) } ss. SOUTH WINDSOR COUNTY OF HARTFORD} Date: December 12, 2004 I, Sarah Briggett, hereby certify that I typed an accurate transcript of the meeting of June 8, 2004 of the Planning&Zoning Commission regarding application#04-35P, Town of Elaine D. Gerlt, City Vista. That a true copy of said transcript is attached hereto, and is accurate to the best of my knowledge, ability and belief and further certify that I have this date filed said transcript in the office of the Planning&Zoning Commission. L- Sarah Briggett It Q Date STATE OF CONNECTICUT) } ss. SOUTH WINDSOR COUNTY OF HARTFORD) Personally appeared D ` , signer and sealer of the forgoing instrument and acknowledged the saiM to be her free act and deed, before me. Notary],Ablic My Commission Expires TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 1 June 8,2004 MEMBERS Timothy Wentzell, Kevin McCann, Sue Larsen, Patrick Kennedy, Cliff PRESENT: Slicer, Suzanne Choate ALTERNATES Gary Bazzano PRESENT: Michael Sullivan Marc Finer STAFF Marcia Banach, Director of Planning PRESENT: Jeff Doolittle, Town Engineer Wentzell Application 04-35P Elaine Gerlt. Now as this is a continuation Marcia can you give us a real quick the items that we're continuing this for? We had I think just a couple specific items that we were continuing this for right? DeMallie Do you want me to address that? Wentzell Or you can if you prefer Peter. DeMallie I understood we were addressing regulations that were in effect at the time and the second thing was chronology of the subdivision. Wentzell Okay. DeMallie I've researched chronology of the subdivision and the town's planning department staff have researched the regulations in effect at the time. Wentzell Okay. DeMallie Would you like me to go first? Wentzell Sure, go ahead, go ahead, you appear to be more ready. DeMallie Okay, as requested, I researched the chronology of the Ridgefield Estate Subdivision and I'd like to just present my findings to you. Including the subject application, the subject spans a 26-year period, commencing in 1978. Seven separate Planning & Zoning Commission approvals, four different applicants, three project names and site Y' R TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION APPL 04-35P ELAINE D. GERLT-CITY VISTA VERBATIM MINUTES 2 June 8, 2004 design by four separate firms. What I'm going to do is try to put that in perspective. First approval on April 4, 1978 Planning & Zoning Commission approved a 4 lot conventional subdivision on the west side of Foster Street creating lots 1 through 4. You'll see it an exhibit that has all identified lot numbers on it says Ridgefield Estates at the bottom like the one at the top exhibit right there. If you to that particular exhibit, you'll see all the lot numbers as they were approved, so on the extreme right hand side of the map, yep, that's the one. On the extreme right hand side of the map you'll see 1 through 4 on the west side of Foster Street. Those are the 4 conventional lots approved April 4, 1978. The applicant was Joseph Krawski, Jr., that's Bill's brother. The design was by Douglas Prior. These lots were taken from the original 64 acres of the tract owned by the three Krawski Brothers. Second approval on May 31, 1983 Planning & Zoning Commission approved the first lots under the open space subdivision regulations and zoning regulations. Consisting of 15 lots numbered 5 through 19 and known as Krawski Estates section 1. The applicant was Joe's brother, Bill Krawski and the design engineer was (inaudible). Open space assigned to this section is 4.3 acres the regulations used for this approval were in effect prior to September 10, 1985 i.e. the same proposed for City Vista or Ridgefield Section 3A. This approval was preceded by a conveyance on August 31, 1982 of 4.66 acres. The pond area for the High Gate subdivision to the north it's the middle of the large open space tract. Third approval on December 4, 1984 Planning & Zoning Commission approved 17 lots number 22 through 38 as you see on that exhibit under a new subdivision known as Ridgefield Estates section 2. The applicant was LaCava Construction Company design firm was (inaudible) and Miller. Open space assigned to this section was 1.7 acres. The regulations in TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 3 June 8,2004 effect prior to September 10, 1985 were applied to the approval as well. The fourth approval on June 7, 1988 Planning & Zoning Commission approved 23 lots number 46 through 54 and skips to 56 through 62 then skips 64 through 70 known as Ridgefield section 4. LaCava was the applicant, (inaudible) was also the engineer. No open space was necessary and I'll discuss that in a minute. The regulations in effect prior to September 10, 1985 were also applied to this approval. Fifth approval, on January 15, 1991 Planning & Zoning Commission approved 2 lots numbered 20 and 21 which we are calling section 4A. On the plans that I saw in the Town Clerks office didn't indicate a section number, but we're considering it section 4A on the revised exhibit the key map we also indicate is part of section 4 on the revised one we have as an exhibit tonight. The applicant was LaCava, (inaudible) was also the engineer, no open space necessary the regulations in effect prior to September 10, 1985 were applied to this approval as well, this section. The sixth approval on September 22, 1992 Planning & Zoning Commission approved 5 lots numbered 41 through 45 which was called Ridgefield section 3A part of an overall section 3 on north and south sides of Ridgefield Drive. The applicant was Bill Krawski and Design Professions was the site engineer. A 4.1 acre open space tract was conveyed to the town to cover sections 3A and 3B which completed the 10 acres of required open space for an open space subdivision. 10 is, at the time, under those regulations, minimum was 10 acres and we had 10.1 acres total for the entire Ridgefield Estates, Krawski Estates City Vista, what ever you want to call it. The regulations in effect prior to September 10, 1985 were also applied to this approval. The seventh approval, if the Planning &Zoning Commission were to approve this application, the subject application, know as City Vista or Ridgefield section 3B an ,F TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 4 June 8,2004 additional 3 lots would added to the open space subdivision numbered 1 through 3. The applicant is Elaine Gerlt and the site engineer is Design Professionals, Inc., regulations in effect prior to September 10, 1985 would also be applied to this approval. So in summary, Ridgefield Estates covers some 64 acres and in seven separate Planning & Zoning Commission approvals from 1978 through 2004, if you were to grant the subject application. The first 4 lots were under conventional regulations and the final 6 applications under the open space subdivision regulations in effect prior to September 10, 1985. Of the 69 lots that we're talking about, 65 are in the open subdivision, 62 previously approved and 3 are proposed. We show all 69 lots with their Planning &Zoning Commission approved lot numbers along with the 3 open space tracts in roman numerals one, two and three respectful of their particular section of the subdivision as it was approved on a new exhibit and that's that exhibit right before you. We also show a new exhibit, sheet 1, revised sheet 1, which we've also distributed reflecting the in-depth research effort. We have corrected the total number of open space lots from 67 to 65, again based on the research of approved subdivision (inaudible) on file, we've increased the average lot size for the 65 lots from around 27,000 square feet to nearly 28,000 square feet or just 6.85% shy of the conventional 30,000 square foot where there's a 6.85% reduction. We've also shown that only 3.89 acres of open space would normally be required, however of course, 10 acres is the minimum under those regulations. I'm also submitting Planning &Zoning Commission minutes from September 10, 1985 which grandfathered subsequent sections of Ridgefield and the minutes of April 12, 1988 in which the Director of Planning stated that future phases are governed by pre 9/10/85 regulations and that's all I have. I am submitting my original copy both t R' TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 5 June 8, 2004 the regulations from 1985 as they're adopted when the commission grandfathered the regulations for future sections. By the way, that was also in response in part to a request from LaCava Construction Company, Joe LaCava, during the public hearing process did the commission do that. And this is not the only example of that. I know I discussed with Marcia Banach, there's another subdivision in town where they have grandfathered future phases, so they did expressly do that. The Planning & Zoning Commission did and I am submitting those records from that subsequent hearing and also from the original hearing as they were adopted. Wentzell Thank you, do you have much to add to that Marcia? Banach We also did some research on this issue. Since there are several who recalled that Deming Hill, Deming Estates subdivision in particular, we all recalled vividly that that was grandfathered. We went searching to find out what transpired with that. We'd looked first at the Planning & Zoning minutes from the adoption of the amendment itself in 1999 regarding the open space subdivision regulations. The minutes themselves were silent so we went back and actually still have the audio tapes from the public hearings and work sessions in 1999. Michele spent quite a bit of time today listening to those audio tapes and there was zero discussion about the concept of grandfathering during that amendment. It was not brought up anybody in the audience. It was not brought up by staff and the commission didn't question or have a discussion about grandfathering at all. So we have since discovered that that discussion actually occurred during the Deming Hill, Deming Estates subdivision application itself. That we, while we haven't zeroed in on the date, what is clear to us is that during Deming Hill Estates (TAPE SIDE ENDS) between the two V °• TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT - CITY VISTA VERBATIM MINUTES 6 June 8, 2004 phases asked whether Deming Estates could be grandfathered, that the final phase could continue under the old regulations since it was an act of subdivision and was actively being constructed and approved and the commission gave it's approval for that final phase of Deming Estates to be approved and constructed under the old subdivision regulations. We've also, for what it's worth, and take this for what it's worth, we also rediscovered a lawsuit in the Ridgefield 3A subdivision which was the most recent one preceded this subdivision. It was in 1989 or so, the application for Ridgefield 3A. The developer had asked for 5 lots under the open space provisions. The commissions rejected it because the concept plan for Ridgefield had shown only 4 lots on that property. The judge ruled that the concept plan was irrelevant, that it carried no weight. But the question, more importantly that nobody asked, not the commission, not staff, not the judge, anybody, nobody doubted the grandfathering. Nobody ever called into question whether the developer for Ridgefield 3A had the ability to develop under the old regulations even though there were new regulations in effect at the time. Probably the big difference between all of these is probably the time that's elapsed. At the time that Ridgefield 3A came in there hadn't been much of a time frame between that and the rest of the Ridgefields. At the time Deming Estates came in it was being actively developed phase by phase there was no inactive period at all in Deming Estates, There has been a rather lengthy inactive period on this one. The Ridgefield 3 subdivision map got filed in 1992 and that was the last subdivision activity until now in 2004. So while the preponderance of the early evidence seems to indicate that the section we're looking at would be Ridgefield 313, the preponderance of filed evidence shows that was always an integral of the Ridgefield subdivision. I don't know to what extent any commission ever TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT-CITY VISTA VERBATIM MINUTES 7 June 8,2004 considered it would take this long or whether it would even consider it to be part of the same subdivision after this length of time has passed. That's probably the essential question before you. Is it still a valid grandfather since so much time has elapsed? Wentzell Can I go out of turn here and just ask one question? Does this application meet both the old regulations as well as the new regulations? Banach It meets all of the old regulations for an open space subdivision. The new regulations require a much larger piece of open space than the old regulations ever even envisioned. Wentzell Okay, so the real difference would be not the lot size, necessarily but the set aside for open space would have been more. Banach Would 50% of the property. The big question would whether you would even want that. If this piece came in by itself, not as part as a larger subdivision would you even be interested in this as a open space subdivision? Wentzell Okay. Then the question is, I guess, just so we can clarify this, Would these 3 lots meet the requirements for a regular subdivision, not open space. Banach No, you'd need to lose a lot. Wentzell You'd need to remove a lot. So of sorts, that's the crux of the question. Okay. Do we have, now we're keeping this as a continuation of public hearing so I guess at this point unless we have engineering comments we'll go briefly to public if there's comments there, and then back to the commission. Is there anyone from the public that would like to speak on this? In particular to the topic at hand not necessarily TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 8 June 8, 2004 everything that was discussed last time. Magallin Sir, my name's Rich Magallin I live on Ridgefield Drive. I just got a couple quick questions. Wentzell Sure. Magallin One, I heard the chronology of what went on. I guess my question really is why did LaCava deed it back to Krawski? And I don't understand that. The reason I bring this up is when I purchased my property from LaCava I was told that that property all 3 lots that is currently proposed were deeded back to him as farmland and there would never be anything there. That's why, that's one of the reasons I purchased this lot and paid additional cost for that property. I don't understand why LaCava would just deed it back to Krawski and knowing the records, did that come out? Wentzell I don't know if we have an answer to the question or not. Does anyone feel they have an answer to that question? DeMallie I don't have an answer, I really don't. I know there was deeded back to Krawskis. They did have this property north and south of Ridgefield as strips. I don't know which particular brothers owned it, but Wentzell I apologize to you sir, it appears we don't know the answer to that question either. Magallin I mean you can understand LaCava being a developer wouldn't just hand over property, there had to be more reason to it. Unfortunately I don't have evidence. I went through my records I don't have anything except what the real estate agent told me. Wentzell Nor do we appear to this evening. 1 apologize for that we don't appear �, xp TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 9 June 8,2004 to have anyone here who knows the answer to that. Magallin I have another question, on the backside of today's agenda, there's another application. And I don't know if we're allowed to speak to this or not but I, seeing as how this is all tied together It's a request for a (inaudible) in-law apartment and I guess I want to know what's the definition of a single family with an in-law apartment verses two family apartment. Wentzell I'm sorry, I'm confused. I don't that on our agenda. Magallin It's on the back page, turn to the other side. It says application received. Wentzell Oh. a Mg a II'm I guess I want to understand haw that applies to this and how the g J Pp two are related. Wentzell Well, that's an excellent question, I guess I don't know whether that's, why don't we ask the Town Planner because certainly it might be of some relevance. Banach Although I might suggest that he give our office a call and we'd be glad spend some time going over it with him. Wentzell Okay. Why don't you do that? If you call the town offices, Marcia Banach's office she will try to enlighten you to what that application is because none of us have seen it as well. Is there anyone else in the public?Why don't we go to the Commissioners? I know in particular Commissioner McCann had some very relevant questions. Do you want me to start with you? Or shall we go in order? Okay. Why don't we start with Commissioner Sullivan? TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT-CITY VISTA VERBATIM MINUTES 10 June 8,2004 Sultivan 1 have no questions. Wentzell Commissioner Finer? Finer I have no questions. Wentzell Pacekonis? Pacekonis No questions. Wentzell Kennedy? Kennedy Is there any statute that would have caused the grandfathering to expire on this? Banach That's a good question. Michele and I were actually chatting about the statutes today. There is a statute that goes somewhat to this question enough to make me think that if legislators had had a concern perhaps they would have broadened their statutes and the statutes in the one that protects any pending application, or any pending or approved application from subsequent changes in the zoning regulations. The statute does not go so far as to say or future phases or does it in any way does it reflect any future part of a subdivision in the legislature could have gone farther than they did and they, for whatever reason they did not. They simply protected pending and previously approved applications from changes. Kennedy So I guess in part then the question would be is this within the scope of the previously approved application for the purposes of that statute. Okay. Wentzell Commission Choate? Choate No questions. Y �' TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 11 June 8, 2004 Wentzell Commissioner Larsen? (inaudible) McCann I do have a couple of questions. Peter, the April 12, 1988 minutes that have been submitted to us... DeMallie Yes. McCann ...refer in a couple of places to 25 lots on 22.4 acres. DeMallie That was section 4. McCann But what you reported to us was 23 lots. DeMallie 23 lots were approved that time the lots 20 and 21 were approved subsequently in a separate application. McCann Okay so this... DeMallie Actually, in that application they had 25 lots proposed, if you see the numbering sequence? McCann Yes. DeMallie You'll see that there are 2 that were skipped. So they had 25 proposed in that sequence and 23 were approved at that time. They subsequently approved 2 additional lots 20 and 21 at the easterly end of Krawski Drive. McCann Okay, so are lots 55 and 63 DeMallie There are no numbers for them. Nor are there any numbers for 39 and 40. There are no numbers for 30 and 40 either if I recall correctly. So there are 4 lots missing so that's, if we were to number these 1, 2 and 3 as 71, 72 and 73 less the four that were omitted we come down to the 69. TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 12 June 8, 2004 McCann Okay. So let me follow this chronology correctly. In '78 there was the 4 DeMallie Conventional lots. McCann Conventional lots on Foster Street DeMallie Right. McCann Then in '83 there were 15 lots in the open space subdivision. 5 through 19. DeMallie Correct, called section 1. McCann Okay. Then in '84 another 17 lots, lofts 22 through 38 again an open space subdivision with 3.7 acres... DeMallie Same regulations. McCann ...set aside. Then there was a lawsuit pending with respect to the next application, is that correct? Is that the application where the judge said that the ... DeMallie Well, none of these that I'm referring to, I'm only referring to the approved applications. McCann Okay. DeMallie There was an application brought on by Bill Krawski for 5 lots... McCann Okay DeMallie ...that was denied and then he went to court. McCann Okay. DeMallie That I, not during my tenure I wasn't involved in that one. It was subsequently approved, we were hire subsequently we received approval for 5 lots. I think they're a different configuration. TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT - CITY VISTA VERBATIM MINUTES 13 June 8,2004 McCann That was 1992? DeMallie That sounds right. Let me see we've got the five lots approved, yes and September 22, 1992. McCann Okay. DeMallie Lots 41 through 45. McCann So that one was an application that had gone through an appeal process and had come back and was finally approved. DeMallie Yes but I don't think it was under an appeal process at the time, it was just a straight application. Banach It did go through an appeal process and the judge ruled that the concept plan was not binding. McCann Okay. So that was the '92 approval. Okay in between there was a 1988 approval which was after the change in the regulations. DeMallie Correct. McCann For 23 lots and that's the one in which there's something in the minutes from our Town Planner stating that the, it was stated in the PZC minutes that then developments currently underway would still be governed under the old regulations for future phases. DeMallie Correct. McCann But Marcia, you weren't able to able find anything in the minutes to show that? DeMallie I submitted that. Banach Two different times, the regulations changed twice. We were TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 14 June 8,2004 researching the 1999 changes. The ones Mr. DeMallie's talking about were a previous change to that. DeMallie There aren't extra copies of that I can read to you if you like. McCann Okay, so those are 1985 changes, Okay. So what we're talking about now is whether the '89 regulations or the current regulations apply. Banach Yes. McCann Or pre '89 or post '89. Banach '99. Pre '99 or post '99 McCann Pre '99 or post '99, okay. So the 78, '83 and '84 subdivisions were all under the '85 regulations. The '88, '91 and '92 were all under the 1989 regulations. DeMallie No, they were under the original, pre-September 10, 1985 regulations. At no time that I could find was there any application of any regulations other than those pre- September 10, 1985 were applied. McCann Okay. DeMallie And the standard that you told me which was the 25,000 square foot lot, the 120 feet of frontage, the 50 foot front yard I think it is and the 15 foot side and I forget the rear yard 25 1 think. Those applied the entire way through. Every single application shows those standards on it and that's what was reviewed and approved every time. Banach Okay so we are talking about the pre 1985. DeMallie Pre 1985 regulations applied in every instance. McCann Okay • s. TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT - CITY VISTA VERBATIM MINUTES 15 June 8, 2004 DeMallie There's never a change in the regulations for the subdivision ever. McCann Okay. With respect to the Deming Hill subdivision, my understanding there was Deming Hill was also done in phases I think there were four phases... DeMallie There was six phases the seventh phase, actually, we call it the seventh phase, it was 18 lots approved by this commission as the at Red Rock, what was Pond Estates at Red Rock. 18 lots that (inaudible) O'Neil did on behalf of the developers of Evergreen Walk and then Mike (inaudible) from J&J Construction bought it. He hired us to redesign, reduce by 1 lot to 17 lots eliminate that one cul de sac street, there all conventional lots that did not go under the open space regulations. McCann Okay, but the Deming Hill Estates... DeMallie But section six and I think prior, all the prior, every, one through six was all done under the prior regulations. McCann Okay, Marcia if I understood your, recitation of this history, the Deming Hill Estates were a continuously developed subdivision. It was done in phases but the phases continued and the, it was essentially developed as one subdivision. Banach Yes, that's accurate. McCann Okay. And here we have a gap of 12-years since the last, this 9/22/92 is that the filling of the mylars? Or is that the approval? Banach That's the mylar filing date. McCann Mylar filing 9/22/92. DeMallie But there was activity subsequent to that. First of all there were a TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 16 June 8,2004 couple things that happened. Mr. Krawski lost title to the 5 lot subdivision. Bank of South Windsor, who was the lender for it or lender for whatever loans, took title to it and, and then it subsequently was developed sold off the 5 lots over an extended period of time. Those lots were not all done together. They were done over and extended period of time beyond that date. And I don't know the exact dates, we didn't find out when the COs were issued with the building Department, I don't know what those dates are. But it was well past that date when there's actual still building construction going on. McCann Was it this century? DeMallie This cent...I don't know the answer to that. I don't know. McCann Marcia you've provided at my request the, a copy of page three of the subdivision regulations prior to, or existing regulations. Is this the '89 or the '85 version that you provided to us? DeMallie The regs that she were Aug.1 '99 1 believe. Or is it'89? McCann But I had asked Marcia for the prior subdivision regulations. There had been a question at the last public hearing with respect to the preservation of the trees along the easterly border of the 3 lots that had been proposed and I know that under our current regulations we allow for the preservation of existing evergreen trees and hardwood trees. I took a look at the prior regulations and found that they also allowed us to require the preservation of trees that do not need to be taken down in the actual process of the construction itself. I'm just wondering which regulations these are that you've provided to us? Banach The most recent amendment in the group that I copied it from is dated 1987. TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT - CITY VISTA VERBATIM MINUTES 17 June 8,2004 McCann 1987? Banach So these are the ones prior to 1989. McCann Okay. Thank you, no more questions. Wentzell Commissioner Slicer? Slicer No questions. Wentzell Commissioner Bazzano? Bazzano (inaudible) Wentzell I believe we could probably close the hearing at this point. Gerlt I'd like to just make a statement if I could with regard to some of the questions that were raised. Wentzell Sure. Gerlt I'm Wayne Gerlt, this application has been filed on behalf of my wife. just want clarify a couple of things that have been said tonight. I'm a practicing attorney in South Windsor, as you may know. I used to be Town Attorney many centuries ago when I was a young man. There is no statute that exists that prevents the grandfathering of regulations into redevelopment or re-subdivision or property. There's nothing that even implies it. There are cases that say if a town's practice is to grandfather regulations, it can do so. The question really you have to answer is, as we explained at the last hearing, or the first part of this hearing the other night, There have been several subdivisions not just two that have been treated this way. If you chose to not treat this one in the same fashion it would be the first departure from grandfathering the old regulations forward. Now there's been a technical position j presented tonight that there's been a gap in the development of this n. r TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 18 June 8, 2004 subdivision, certainly there has been and again, I'm going to tell you that's not the only time that's happened. There have been other cases where there has been a gap, maybe it was 6 months, maybe it was a year, this gap is longer than the other were probably, even if we go back and look at the certificates of occupancy, but what you really have to look at is, is it fair in your opinion not to treat this subdivision the same way for it's last re-subdivision. So that's my first point. The second point I'd like to make concerns Deming Hill Estates. Deming Hill Estates was allowed to continue even after you adopted new regulations and it seems that your intent then was that you would allow your regulations to grandfathered forward, although that was not specifically discussed. So far that I could find and I guess Marcia p Y thinks that it was but I didn't find it yet, I haven't finished looking. That's mYpoint on that. I think the activity in the last section of this subdivision almost got into 2000, but I'm not positive, Commissioner McCann. We can certainly look that up for you, for the C.O.s. I don't think it quite made it. And I can't read my last note. When we came in to apply for these lots, the first thing that l did and Peter had done before me is meet with your Town Planner and we were told as I think I told you last time that we had to apply under the old regulations and that's what we have done. (inaudible) Gerlt I think pp you told me the old regulations applied if I wanted to do an Y g open space subdivision. (inaudible) Gerlt Well, I believe I was told I couldn't apply under the new open space regs but I, 1 don't, that's neither here nor there. So I just want you to TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 19 June 8, 2004 understand that, this is not something we did without talking to Marcia. Banach Okay, a clarification on that I thought we were talking about applying for under the old regulations versus a conventional subdivision. I probably did advice, never in my wildest dreams would I have seen the commission as wanting this to be an open space subdivision under the new regulations taking 50% of your land. Gerlt No, 1 don't disagree with that, but what I was told was that these regulations would apply, so that's all I wanted to say. Wentzell Okay, thank you. Gerlt Thanks. Wentzell I see no reason why we... McCann Could I add... (inaudible) Wentzell Sure, absolutely. McCann Mr. Gerlt is there any statute that requires grandfathering? Gerlt No. There are lines of cases, though, that deal with equal treatments for applicants. There's equal protection clauses all kinds of non-sense 1 could get into but I really don't want to, I don't think that it's necessary. It's just a matter of being fair in your treatment of applicants and you can certainly find a reason to do other than grandfather the regulations if you wanted to that. I mean, I'm certain that you could make one up but, I mean, is it fair, that's the question you have to ask yourself. McCann The only that I have is that in minutes that you provided to us from April 12, 1988, it refers to any developments currently underway. Would you say that this development is currently underway? TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 20 June 8, 2004 Gerlt I think it was at that time. McCann No, I mean now. It's it currently underway? Gerlt Sure, an application's pending. For example, when Krawski came in the second time there was nothing currently underway. He had taken an appeal that had been denied, that was an all new application, it had nothing to do with the appeal. That was a totally new application. The first one had been denied and he appealed and he lost. There was nothing going on, there was nothing pending. So when he came in, he applied again and the old regulations were applied. It's really a similar situation. I mean, there was some activity but it had nothing to do with developing the property, it was legal action that had taken place. McCann Okay, thank you. Anything else? Wentzell I believe, Marcia, we have no reason why we can't close this? Okay. Doolittle Mr. Chairman, just so you know I do have some revised engineering comments based on revised plans we received since the last hearing. I'll just briefly go through the ones that have been revised. We asked Design Professionals to revisit the grading of the sidewalks in front of lot 2. We also asked that the grading down the slopes down the sidewalks be revised so water doesn't run down the sidewalks. In this area Felt Road and Ridgefield come to the bottom of the hill basically of this property and we don't water running down the sidewalks and puddles at that point. So we ask that there be a way to catch this water behind the sidewalks in a swale and a yard drain on lots 2 and 3 to catch the water and keep it from running down the sidewalks. And the foundation drain on lot 1 that's currently under construction have addressed in part of the building application process but I just want to make sure, since it's shown in this application, that should be on, not TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPL 04-35P ELAINE D. GERLT- CITY VISTA VERBATIM MINUTES 21 June 8, 2004 within the right of way because it's a private drain but actually be on lot 2 except where it crosses the right of way. Wentzell So you'd like those in our approval conditions or it's something they're going to be showing on the plans? Doolittle Either way. Wentzell Okay, alright. We'll make sure we pick that up. Anything else? I guess we'll close this part of the public hearing. STATE OF CONNECTICUT} } SOUTH WINDSOR COUNTY OF HARTFORD } Date: February 23,2005 1 Deborah W.Reid hereby certify that I typed an accurate transcript of the meeting of December 2,2004 of the Zoning Board of Appeals re: public hearing of application#2623-04—Elaine D.Gerlt,c/o Wayne C. Gerlt,Esquire,P.O.Box 1132,South Windsor,CT.,request for the following variances to section 10.2 for proposed lot#2: a 15'variance to allow lot frontage of 135' (150'required);and a 5,200 square foot variance to allow lot area of 24,800 square feet(30,000 square feet allowed)for property located at 318 Felt Road,AA-30 zone,that a true copy of said transcript is attached hereto,and it is accurate to the best of my knowledge,ability and belief and further certify that I have this date filed said transcript in the office of the Planning Department. Date STATE OF CONNECTICUT} } SOUTH WINDSOR COUNTY OF HARTFORD } Personally appeared Zp� h 0oAd�,signer and sealer of the forgoing instrument and acknowledged the same to be her free act and deed,before me. eta' A Notary Public Wr,, Lo My Commission Expires STATE OF CONNECTICUT} } SOUTH WINDSOR COUNTY OF HARTFORD } Date: February 23,2005 I Deborah W.Reid hereby certify that I typed an accurate transcript of the meeting of September 2,2004 of the Zoning Board of Appeals re: public hearing of application#2623-04—Elaine D.Gerlt,c/o Wayne C. Gerlt,Esquire,P.O.Box 1132,South Windsor,CT.,request for the following variances to section 10.2 for proposed lot#2: a 15'variance to allow lot frontage of 135' (150'required);and a 5,200 square foot variance to allow lot area of 24,800 square feet(30,000 square feet allowed)for property located at 318 Felt Road,AA-30 zone,that a true copy of said transcript is attached hereto,and it is accurate to the best of my knowledge,ability and belief and further certify that I have this date filed said transcript in the office of the Planning Department. a-2 �-as Date STATE OF CONNECTICUT} I` } SOUTH WINDSOR COUNTY OF HARTFORD } Personally appeared 't&JOC Lal f\ Pjad ,signer and sealer of the forgoing instrument and acknowledged the same to be her free act and deed,before me. 6n &A- Notary Public la1-61 My Commission Expires t f NO. 38921 SUPERIOR COURT WILLIAM KRAWSKI JUDICIAL DISTRICT OF TOLLAND VS. AT ROCKVILLE SOUTH WINDSOR PLANNING & JANUARY 10, 1989 ZONING COMMISSION MEMORANDUM OF DECISION This is an appeal from the denial by the South Windsor Planning and Zoning Commission (Commission) of plaintiff's application for approval of a five (5) lot open space subdivision. -- on or about April 28, 1987, plaintiff filed an application with the Commission seeking approval of a five lot open space subdivision for property owned by the plaintiff and situated on the east side of Felt Road and the south side of Ridgefield Drive in the Town of South Windsor, said subdivision to be known as Ridgefield III A. A public hearing on the application was held on June 9, 1987. After requesting of the plaintiff and receiving approval for an extension of forty-five days (Record 6 and 7) , the Commission denied plaintiff's application on September 1, 1987 for the following reasons: 1. At least one lot does not meet the requirements of t t r -2- Section 5.1.a of the Zoning Regulations (10,000 square feet of contiguous buildable area with no slopes in excess of 15%) . 2. The Planning and Zoning Commission approved a concept plan with a prior Ridgefield submission which contained four lots; the Commission expects that this approved concept plan will be reflected in any subdivision approval on the subject parcel. - (Record 9) Plaintiff, alleging that he is aggrieved by the Commission's decision, takes the instant appeal pursuant to Conn. Gen. Stat. Sec. 8-28 . Plaintiff claims that the Commission acted illegally, arbitrarily and in abuse of its discretion in denying plaintiff 's application. Essentially plaintiff claims that (1) the alleged concept plan referred to and relied upon by the Commission as one of its grounds for denying his application is not contained in any South Windsor subdivision regulation and state statute, (2) that Section 5.1.a of the zoning regulations requiring that slopes be not more than 15% was not part of the subdivision regulations but, nevertheless, was satisfied by oral consent, during the public hearing of June 9, 1987, to reduce the slope of the lot involved from 17% to 15% and (3) that the decision was unsupported by and contrary to the record. r • I l -3- The defendant denies that the plaintiff is an aggrieved person. Further, the defendant alleges that the concept plan was a viable ground for dismissing the application as plaintiff was the owner of the entire Ridgefield project property at the inception of the approval and development processes for the entire Ridgefield Project, including all of its various phases; and although plaintiff did orally agree to reduce the slope of the one lot involved, such grading must comply with a conservation plan as is required by Section 3.2.a(ll) of the subdivision regulations, and must be approved as part of the application submitted. This provision for grading was not included in plaintiff' s application. I a . Plaintiff must be an aggrieved party in order to bring this appeal. • Therefore, whether the court has jurisdiction to hears this appeal must be determined initially. Bakelaar v. West Haven, 193 Conn. 59, 65 (1984) . Pleading and proof of aggrievement are a prerequisite to the trial court's jurisdiction over the subject matter of a plaintiff's appeal._.,Hartford Distributors, Inc. v. Liquor Control Commission, 177 Conn. 616, 622 (1979) . B - .I i • - 1 -4- The question of aggrievement is a jurisdictional one and claims of aggrievement present an issue of fact for the determination of the trial court with the burden of proving aggrievement resting upon the plaintiff who has alleged it. Bakelaar v. West Haven, supra, 65; Hall v. Planning Commission of Ledyard, 181 Conn. 442, 444 (1980) ; Hartford Distributors, Inc. v. Liquor Control Commission, supra, 622. The party claiming aggrievement must first successfully demonstrate a specific, personal legal interest in the subject matter -of the decision, as distinguished from a general interest, and second, that his specific personal and legal interest had been specially and injuriously affected by the decision. Huck v. Inland Wetlands & Watercourses Agency, '203 Conn. 525, 530 (1987) ; Bakelaar v. West Haven, supra, 65. Aggrievement is established if "there is a possibility, as distinguished from a certainty, that some legally protected interest has been adversely affected. Ibid. Plaintiff' s 'status as owner of the property establishes that he has a specific personal and legal interest in the subject matter of the Commission's decision. The fact that Commission's decision resulted in a denial to the plaintiff of the ability-to use his property as proposed i f -5- t establishes that "this specific personal and legal interest has been specially and injuriously affected. " Accordingly, laintif f is f ound--to-be.,z aggrieved_ by.; the . denial- of_ his subdivision application. •� II M La Cava Construction Company had obtained subdivision approval of a section of property known as Ridgefield II subject to conditions that, prior .. p to submitting applications for subsequent phases of Ridgefield, a conceptual plan must be submitted to the Commission indicating a road going through from Felt Road to Foster Street and that Lots #40, #41, #42 and #43, in a subsequent phase, may not be approved in their present configuration. The Commission was expecting to see not more that three lots on the subje ct parcel. (Record 5) Although La Cava Construction Company had -- submitted the concept plan, it had not been reviewed by the Commission as of June 9, 1987. (Record 5) The Commission was of the opinion that the plaintiff was the actual owner of the property previously r subdivided (Ridgefield II) and the proposed subdivision, . « notwithstanding that the application for Ridgefield II was -�i v� , e a -6- i i submitted by La Cava Construction Company. Therefore, the Commission, deciding that the plaintiff was bound by the aforesaid conditions, denied plaintiff's application on the round that the concept g p - plan was not reflected in the present subdivision application. There is nothing in the subdivision regulations of the Commission which deals with any concept plan or which permits the Commission _ to impose, as a . condition of approving a prior application, conditions on the submission of and approval of any subsequent subdivisions of remaining parcels of land owned by the developer. Further, there is nothing in Conn. Gen. Stat. Sec. 8-26 which - allows for the imposition of conditions upon planning and zoning commission's approval of a subdivision plan. "The statute merely provides for the Commission to approve, modify and approve, or disapprove a subdivision application. " Moscowitz v. Planning & Zoning Commission, 16 Conn. App. 303, 308 (1988) . The subdivision met the requirements of the subdivision regulations. Therefore, the Cpmmission-l- acted illegally in denying plaintiff's application because of the lack- of a concept plan. i i 1 • •ems r -7- III The next issue is whether the Commission properly denied the plaintiff 's application on the ground that at least one lot (#45) did not meet the requirements of Section 5.1.a of the zoning regulations (10,000 sq. ft. of contiguous buildable area with no slopes in excess of 15%) . The record discloses that Lot #45 has a slope of approximately 17%. However, there is no regulation in the Town of South Windsor Subdivision Regulations such as Section 5.1.a of the Town of South Windsor Zoning Regulations. Accordingly, the Commission cannot justify denial of plaintiff's application on that ground. If such a regulation did exist, it would be applicable only to the lot with the excessive grade and not to the lots which met the subdivision regulations. A planning and zoning commission acts in an administrative capacity in approving a subdivision application and acting in such a capacity, it has no discretion or choice but to approve a subdivision if it conforms to the regulations adopted for its guidance. Forest Construction Co. v. Planning and Zoning Commission, 155 Conn. 669, 674-675 (1967). F r' c - -8- The record indicates that the slope problem was of a minor nature and that it was a condition the Zoning Commission of South Windsor has the authority to act on pursuant to Section 5.1.a of its regulation if a building t, permit is requested for said lot. For reasons stated, the defendant's denial of plaintiff's--appifcatinrir== vas=arbitrary;"unreasonable and .in abuse.,,-of its- discretion. Therefore, L3laintiff's: appeal - is sustained. k Vasin ton, J. i I I I . ' r . � I 1 1 �r eL Tall rood `Jubd`✓i;issrt � r47 iQ � open 15pacc � � y _"' �/ 4•i Ate. open 5l ac 4-- 41 l 7O - 1 I zv? "laid Lai �------- tt l r `► �3tellI ILla Q KraW5 1 Drwc �5 23 � U a �3; � �6 � ;?; +;�� ;�; � ;9, � ;/p� %�� ;2,•, Spada �aubc�iv��9lon� o o3oufh inJSor ra.e.nr<dgo. 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SUMMONS CIVIL TOW AOt LL;L ?Ca 5 (Except Family Actions) STATE OF CONNECTICUT "V ONE OF THE FOLLOWING: SUPERIOR COURT JD-CV-1 Rev.1-2000 C.G.S.§51-346,51-347,51-349,51-350,52-45a, ►row►ajud.state.ct.us Amount,legal interest or property in 52-48,52-259, P.B.Secs 3-1 thru 3-21,8-1 demand,exclusive of interest and INSTRUCTIONS costs Is: 1.Type or print legibly:sign original summons and conform all copies of the summons. 2.Prepare or photocopy conformed summons for each defendant. ❑ less than$2,500 3.Attach the original summons to the original complaint,and attach a copy of the summons to each copy of the complaint. Also,if ❑ $2,500 through$14,999.99 there are more than 2 plaintiffs or 4 defendants prepare form JD-CV-2 and attach it to the original and all copies of the complaint. ❑ $15,000 Or more 4.After service has been made by a proper officer,file original papers and officer's return with the clerk of court. 5.The party recognized to pay costs must appear personally before the authority taking the recognizance. (W if applicable) 6.Do not use this form for actions in which an attachment,garnishment or replevy is being sought. See Practice Book Section 8-1 9 Claimin other relief in for other exceptions. addition to or in lieu of money TO:Any proper officer;BY AUTHORITY OF THE STATE OF CONNECTICUT,you are hereby ordamages. commanded to make due and legal service of this Summons and attached Complaint. RETURN DATE(Mo.,day,yr.) (Must be a Tuesday) 01/11/2005 JUDICIAL DISTRICT AT(Town in which writ is returnable)(C.G.S.51-346,51-349) CASE TYPE(See JD-CV-Ic) HOUSING SESSION ❑ G.A.NO. TFORD Ma'or A Minor 00 ADDRESS OF COURT CLERK WHERE WRIT AND OTHER PAPERS SHALL BE FILED(NO.,street,town and zip code)(C.G.S.51-346,51-350) TELEPHONE NO.(with area code) 95 WASHINGTON STREET, HARTFORD, CT 06106 1 (860) 548-2700 PARTIES NAME AND ADDRESS OF EACH PARTY NOTE.Individuals'Names: pTy (No.,street,town and zip code) Last,First,Middle Initial ❑ Form JD-CV-2 attached NO. FIRST NAMED PLAINTIFF GERLT, ELAINE, D. , 318 Felt Road, South Windsor, CT 06074 01 Additional Plaintiff FIRST 02 DEFENDANT NAMED ZONING BOARD OF APPEALS, 1540 Sullivan Avenue, South Windsor, cT 06074 DEFE 50 Additional Defendant 51 Additional Defendant 52 Additional Defendant 53 NOTICE TO EACH DEFENDANT I. YOU ARE BEING SUED. 6. The"Appearance"form may be obtained at the above 2. This paper is a Summons in a lawsuit. 3. The Complaint attached to these papers states the claims that Court address. 7. If you believe that you have insurance that may cover the each Plaintiff is making against you in this lawsuit. claim that is being made against you in this lawsuit,you 4. To respond to this Summons,or to be informed of further proceedings, should immediately take the Summons and Complaint to you or your attorney must file a form called an"Appearance with the Clerk of the above-named Court at the above Court address on or before Your insurance representative. 6. If you have questions about the Summons and Complaint, the second day after the above Ret rn Date. 5. If you or your attorney do no I ritten"Appearance"form on time, You should consult an attorney promptly. The Clerk of a judgment may be entered you by default. Court is not permitted to give advice on legal questions. DATE SIG - 'Sig and" er Comm,of Superior Court TYPE IN NAME OF PERSON SIGNING AT LEFT 12 2004 / ❑ Assistant Clerk FOR THE PLAIi+TIFF(S) EASE E ER E APPEARANCE OF: Wa e Christo her Gerlt NAME AND ADDRESS OF,5 ORNEY,LAW IRM PLAINTIFF IF PRO SE (No.,street,town and zip code) TELEPHONE NUMBER JURIS NO.(1fatty.orlaw firm) Wayne Christ her Gerlt, 0. x 1132, South Windsor, NAME AND ADDRESS OF PERSON REC P S UT. IN THE AMOUNT OF$250(No.,street,town and zip code 6) 0-64SIGNATURE OF PIAINTI F IF PRO SE Paul W. Smith, P.O.-ox in o s, CT 06096 #PLFS. #DEFS. #CNTS.I SIGNED kin ecogni o 1 1 1 ) ®Comm.of Superior court For Court Use Only f ❑ Assistant Clerk FILE DATE IF THIS SUMMONS IS S ED BY A ERK: a.The signing has been done so tha the Plaintiff(s)will not be denied access to the courts. b. It is the responsibility of the Plaintiff(s)to see that service is made in the manner provided by law. c.The Clerk is not permitted to give any legal advice in connection with any lawsuit. d.The Clerk signing this Summons at the request of the Plaintiff(s)is not responsible in any way for any errors or omissions in the Summons,any allegations contained in the Complaint,or the service thereof. I hereby certify I have read SIGNED(Pro Se PlaintiM DATE SIGNED DOCK 'I"N0. and understand the above: ORIGINAL CITATION TO THE SHERIFF OF THE COUNTY OF HARTFORD OR HIS DEPUTY WITHIN SAID COUNTY, GREETINGS: BY AUTHORITY OF THE STATE OF CONNECTICUT, you are hereby commanded to summon the South Windsor Zoning Board of Appeals of 1540 Sullivan Avenue, South Windsor. Connecticut of the Town of South Windsor in the County of Hartford and State of Connecticut, to appear before the Superior Court in and for the Judicial District of Hartford at 95 Washington Street, Hartford, Connecticut on January 11, 2005 said appearance to be made by the South Windsor Zoning Board of Appeals, or their attorneys by, entering a written statement of appearance with the Clerk of said Court on or before the second day following the return day, then and there to answer unto the foregoing complaint and appeal of Elaine D. Gerlt of 318 Felt Road, South Windsor, Connecticut by leaving with or at the usual place of abode of the Chairman or Secretary of the South Windsor Zoning Board of Appeals, and with the Town Clerk of the Town of South Windsor, in the manner required by statute, a true and attested copy of the complaint and appeal and this citation and summons at least twelve days before the return day, in the manner provided by law for the service of civil process. I hereby certify that I have personal knowledge of the financial responsibility of the Plaintiff and deem it sufficient to pay the cost of this action. Hereof fail not, but of this writ with your doings thereon, make due service and return. Dated at South Windsor, Connecticut this 22°d y of December, 2004. a _ __Wayne /istophe e Co 'issioner of the.Superior Court LAW OFFICES OF WAYNE CHRISTOPHER GERLT 1 12 OEMINO STREET P.O. BOX 1 132 SOUTH WINDSOR. CT 06074 • TEL. (860) 644-2565 • JURIS NO. 22192 i f RETURN DATE: JANUARY 11, 2005 SUPERIOR COURT GERLT, ELAINE D. J. D. OF HARTFORD/NEW BRITAIN V. AT HARTFORD SOUTH WINDSOR ZONING BOARD OF APPEALS DECEMBER 22, 2004 APPEAL FROM THE TOWN OF SOUTH WINDSOR ZONING BOARD OF APPEALS To the Superior Court for the Judicial District of Hartford at Hartford on January 11, 2004 comes ELAINE D. GERLT appealing from a decision of the Town of South Windsor Zoning Board of Appeals and complaints and says: 1. The Plaintiff is the owner of property in the AA-30 Open Space Zone consisting of 1.95 acres on the east side of Felt Road, north side of Ridgefield Drive in South Windsor, Connecticut ("the property"). 2. On or about July 18, 2004, the Plaintiff, Elaine D. Gerlt, filed an application with the Defendant, South Windsor Zoning Board of Appeals, (hereinafter "ZBA") for a variance to permit a lot with 135.61 feet frontage (150 feet required), 128 feet in width (150 feet required), and an area of 25,165 square feet (30,000 square feet required). 3. Acting pursuant to Section 8-6 of the Connecticut General Statutes, the ZBA commenced a public hearing on the application on September 2, 2004 and continued on subsequent dates. LAW OFFICES OF WAYNE CHRISTOPHER GERLT 112 DEMING STREET • P.O. BOX 1 132 • SOUTH WINDSOR, CT 06074 • TEL. (860) 644-2565 • JURIS No. 22192 I i i 4. The Defendant ZBA denied the application of the Plaintiff at its meeting on December 2, 2004 when a motion to approve only received 3 affirmative votes (4 required), and notice of such decision j was published on December 8, 2004. 5. The ZBA's stated reasons in their letter of December 10, 2004 for the denial were: 41. Practical confiscation does not apply as a hardship because there is no denial of use of the subject parcel. Currently zoning regulations support subdivision into two parcels and construction of two homes on these parcels. 2. The balance test for a confiscation hardship does not support a claim of confiscation because: a. There is no objective evidence of diminution of value relative to the cost of the land if it is subdivided into two parcels. b. The applicant's estimates stated in the public hearing indicated that the value of the land increases over the cost paid if the land is subdivided into two parcels. C. There is no objective evidence that the cost of the land paid by the applicant did not reflect the zoning subdivision regulations in effect at the time of purchase. 3. Aside from the issue of confiscation, any perceived diminution of value caused by the current zoning regulations is a reduction of the maximum possible enrichment of the applicant, which is not the basis of a hardship. 4. The applicant is not being treated unfairly with respect to similarly situated property owners because there are no similarly situated property owners. Conditions under which pre-1985 regulations were extended to other property owners through 1992 do not apply to the current application. 5. Any perceived hardship is self created because: LAW OFFICES OF WAYNE CHRISTOPHER GERLT 1 12 DEMING STREET • P.O. BOX 1 132 • SOUTH WINDSOR, CT 06074 • TEL. (860) 644-2565 • JURIS NO. 22192 I a. The concept plan cited in the application is not binding on either the applicant or the Planning and Zoning Commission. b. Any pre-application conference between the applicant or the applicant's attorney and the Town staff is not, in accordance with Town Subdivision Regulations, binding on either the applicant or the Planning and Zoning Commission. C. There is no objective evidence that the applicant's attorney was intentionally or unintentionally misled by conversations with Town staff. d. . The applicant's attorney is sufficiently experienced as both a developer and an attorney practicing in Town to understand when purchasing the land, the risks of assuming an exception to current regulations by either the Planning and Zoning Commission or the Zoning Board of Appeals. 6. It was felt that the applicant should have been aware of the regulations prior to the purchase of the property." 6. The Plaintiff is aggrieved by the decision of the Defendant ZBA in that the Plaintiff owns the subject property at 318 Felt Road, South Windsor, Connecticut and her application for variance was denied. The denial limits her use of the property. 7. The ZBA denied Plaintiff full participation in a public hearing,the right to confront facts or allegations and the consideration of the application by conducting two lengthy executive sessions on her i application after recessing the public hearing. 8. No report on the record or to the Plaintiff of the proceedings of the executive session was made by the ZBA. LAW OFFICES OF WAYNE CHRISTOPHER GERLT 1 12 DEMING STREET P.O. BOX 1 132 • SOUTH WINDSOR, CT 06074 • TEL. (860) 644-2565 JURIS NO. 22192 i I I II 9. In denying the variance application, the Defendant ZBA acted illegally, arbitrarily and abused its discretion in that: (a) Neither the reasons for denial on the record, nor in the letter of December 10, 2004, supported by the record or the evidence before the ZBA; (b) The reasons articulated by the two persons voting no were based upon speculation and conjecture not the evidence or record before the commission; (c) The reasons expressed by the persons voting no indicated a lack of understanding of the legal issues, the facts presented and the record before the ZBA; (d) The reasons expressed by the two persons voting no appear to be the result of deliberations taken in secret; (e) The ZBA applied standards not previously used by the ZBA and ignored the record of the proceedings before the board; (f) The ZBA based its decision on facts, opinions and rules not in the record; (9) The denial was vindictive, arbitrary, discriminatory, unfair and appears to be based upon a malicious attempt to punish Plaintiff s husband who has filed 10 pending appeals of the Town's approvals for the development known as Evergreen Walk and is also seeking an injunction against the Town based upon a declaratory judgment which he obtained against the Town. i I LAW OFFICES OF (I WAYNE CHRISTOPHER GERLT '.I 112 DEMING STREET P.O. BOX 1 132 SOUTH WINDSOR, CT 06074 • TEL. (860) 644-2565 JURIS NO. 22192 • I (h) Similar applications have been granted for variances of frontage, width and area on numerous occasions; (i) The ZBA's decision was pre-determined and not based upon the evidence produced at the I hearing; (j) None of the reasons stated for denial are valid and supported by the record. i LAW OFFICES OF WAYNE CHRISTOPHER GERLT 112 DEMING STREET P.O. BOX 1 132 • SOUTH WINDSOR, CT 06074 • TEL. (860) 644-2565 • JURls No. 22192 i i WHEREFORE, the Plaintiff appeals the decision of the Defendant Zoning Board of Appeals and prays that the Court sustain her appeal, vacate the decision of the Zoning Board of Appeals and, further, order the ZBA to approve the application as submitted. Dated at South Windsor, Connecticut, this 22°d day of December, 2004. RESPECTFULLY SUBMITTED FOR THE PLAIN I F ELAINE D. GERLT By: �1 /i / ne Chr' o er Gerlt er Attorney. P. O. Box 1132 112 Deming Street South Windsor, CT 06074 (860) 644-2565 Juris No. 22192 r LAW OFFICES OF WAYNE CHRISTOPHER GERLT I 1 12 DEMING STREET P.O. BOX 1 132 • SOUTH WINDSOR, CT 06074 • TEL. (860) 644-2565 JURIS NO. 22192 Please enter the Appearance of Wayne Christopher Gerlt P. O. Box 1132 112 Deming Street South Windsor, CT 06074 (860) 644-2565 Juris No. 22192 For the PI G a istop r e LAW OFFICES OF WAYNE CHRISTOPHER GERLT 1 12 DEMING STREET • P.O. BOX 1 132 • SOUTH WINDSOR,CT 06074 • TEL. (860) 644-2565 • JURIS NO. 22192 RETURN DATE: JANUARY 11,2005 SUPERIOR COURT GERLT, ELAINE D. J. D. OF HARTFORD/NEW BRITAIN V. AT HARTFORD SOUTH WINDSOR ZONING BOARD OF APPEALS DECEMBER 22, 2004 RECOGNIZANCE WITH SURETY You, ELAIND D. GERLT of 318 Felt Road, South Windsor, Connecticut, as principal, and Margot Thompson of 112 Deming Street, South Windsor, Connecticut, as surety, acknowledge yourself to be jointly and severally bound to Zoning Board of Appeals of the Town of South Windsor, in this action, in a recognizance of$500.00 that the Plaintiff in the action shall prosecute to effect the appeal which it has taken against the South Windsor Zoning Board of Appeals to the Superior Court for the Judicial District of Hartford at Hartford on January 11, 2005, and that the Plaintiff shall comply with the orders and decrees of this Court, and shall pay any costs for which judgment may be rendered against her in such case. Taken and acknowledged at South Windsor C Rlqcticut on the 22"d day of December, 2004, before me, a Commissioner of the Superior Court, c e top her r t Comm' Toner of the Siperior Court LAW OFFICES OF WAYNE CHRISTOPHER GERLT 112 DEMING STREET • P.O. BOX 1132 • SOUTH WINDSOR, CT 06074 • TEL. (860) 644-2565 • JURIS NO. 22192