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Background Information
A Change of Zone request was considered at a public hearing in January of 2009. The request was to change the Zone from R-40 to R-20. The Commission denied the application.
The Commission approved the conceptual plan on June 16, 2009. The conceptual approval is non-binding on either party
Analysis
The proposed project is controlled by six separate approvals:
The Water Pollution Control Authority approved the sewer extension to this property on June 1, 2009 (memo dated 9/8/2009)
The Inland Wetlands Commission approved the subdivision application with conditions on August 20, 2009 (memo dated 8/28/2009)
Special Permit - Section 17.11 of the Zoning Regulations – Cluster Development
Special Permit – Section 17.20 of the Zoning Regulations – Interior Lots
Subdivision
Uncas Health District (memo dated 10/2/2009)
The Commission will be acting in its capacity as the Zoning Commission in the special permit hearing process. Conditions of approval may be imposed by the Commission in the special
permit decision. The Commission will be acting as the Planning Commission in the subdivision review process. No conditions of approval may be imposed in the subdivision decision.
The Commission will be holding three separate public hearings this evening in regards to a proposed project located at 120 Gay Hill Road. Since each public hearing is unique, the hearing
record must support each application. However the applications are also interdependent. For example, there can be no stand alone approval of interior lots if the cluster subdivision
itself does not exist. A lot can not exist in space absent road frontage created by the subdivision. The applicant has consented to the submission of the staffs exhibits into the record
of each public hearing. Since each staff report will be the same, with the exception of the application, I will verbally present the report during the first hearing, cluster subdivision,
and submit the same report into the record for the next two hearings.
Cluster Subdivision
In reviewing the plan the Commission must use the Criteria for Decision contained in section 17.4, Site Plan requirements in section 18, Cluster Developments section 17.11 and Interior
Lots section 17.20 of the Zoning Regulations. The applicable Regulations are attached to the staff report.
The applicant has submitted a complete application
The proposed plan is not in compliance with Zoning Regulations with respect to the rear lots. Lots 10 does not meet the bulk requirements required in section 17.20.5 of the interior
lot regulations. The lots are required to be 1.5 times the minimum lot area for the zoning district which would be 60,000 square feet. Lot number 10 contains 30,090 square feet, 25
foot access strip excluded. I recommend that lot 10 be eliminated and combined with lot ll. In addition the building square for the house on lot 11 should be
moved to the front of lot 11 and the conservation easement should be extended parallel to the rear lot lines of lots 8 and 9. This will provide a larger wooded buffer between the development
and the property n/f of Marsala & Kiggins. The plan, in all other aspects, is in compliance with the Zoning Regulations
Open Space Calculation
Total area of parcel
37.165 acres
15% of total acreage
5.575
Total area of open space
8.441
Total area of acres within open space
2.351
Net area open space (-wetlands)
6.090
Traffic & Frontage Improvements
Please refer to “Traffic Study Residential Subdivision 120 Gay Hill Road, Montville, Connecticut” DLS Consulting Traffic Engineering Services, May 5, 2009; Memorandum Traffic Engineering
Solutions, P.C., Bruce Hillson, P.C. November 16, 2009
Emergency Access
Memo dated 12/01/09 Raymond Occhialini Fire Marshal “ The gate provides access from Swanty Johnson Road is approved as it was discussed with the Engineer previously”
Erosion and Sediment Control Plan
The plan has been reviewed by Town Planner and the Town Engineer and meets the criteria of section 16.3 of the Zoning Regulations.
Public Health
Reviewing Agency: Review Date: 10-2-09
Reviewed By: Michael J. Kirby, R.S., Chief Environmental sanitarian
Project Name: 9R Burlake Road
Project Location: 120 Gay Hill Road
Comments:
Plan revised 9-25-09
My previous comments have been addressed in this revision and the plans are acceptable.
As noted, the sewer mains, sewer laterals, and force mains must be approved pipe from Tables 2-A, 2-B and 2-D of the CT Public Health Code’s Technical Standards.
As noted, the sewer laterals and wells are to be staked to ensure that the required separating distance to the wells is maintained.
Any above ground pools installed must be 10 feet from the well.
A maintenance plan for the ponds should be developed to prevent any stagnation of the water that may result in a mosquito nuisance.
Electronic Signature: Michael J. Kirby
Appropriateness of Use
The findings of the “Neighborhood Impact Study of a Proposed Cluster Design Residential Subdivision to be Located at Gay Hill Road and Swanty Johnson Road Montville, Ct” Miner & Silverstein,
LLP are attached. The entire report is submitted for the record as expert testimony.
Legal Opinion (attached)
Bonding
Phase 1 = Performance Bond $387,600, E&S Bond $28,000
Phase 2 = Performance Bond $657,000, E&S Bond $23,000
Recommendation
The special permit application for the Cluster Development is recommended for approval with the following conditions:
Lot number 10 is to be eliminated and combined with lot number 11.
The building square for lot 11 is to be moved to the front setback line.
The conservation easement on lot 11 shall be extended parallel to the rear lot lines of lots 8 and 9.
The developer shall post a performance bond in the amount of $387,600 and an E&S bond in the amount of $28,000 for Phase I of the project. The developer shall post a performance bond
in the amount of $657,000 and an E&S bond in the amount of $23,000 for Phase 2 of the project.
The developer shall file all easements in the Montville land records, including sight line and drainage, prior to issuance of a building permit.
The sewer mains, sewer laterals, and force mains must be approved pipe from Tables 2-A, 2-B and 2-D of the CT Public Health Code’s Technical Standards.
The sewer laterals and wells are to be staked to ensure that the required separating distance to the wells is maintained.
Any above ground pools installed must be 10 feet from the well.
Conservation easements shall be granted to a Homeowners Association.
This approval is subject to a condition requiring approval by the Commission, acting in its planning capacity, of the cul-de-sac waiver request that has been made by the applicant in
connection with the related Subdivision Application
A dry hydrant shall be installed on Glenn Close Road
The developer is shall schedule a preconstruction meeting with the planning office at least 21 days prior to the start of construction.
The developer shall have all E&S measures inspected prior to the start of constructions. The developer shall notify the planning office 72 hours in advance of requested inspection day.