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HomeMy WebLinkAbout9-24-02 P & Z MINUTESTOWN OF MONTVILLE PLANNING & ZONING COMMISSION 310 NORWICH NEW LONDON TPKE UNCASVILLE, CT. 06382 PHONE (860) 848-8549 Fax (860) 848-2354 MINUTES September 24, 2002 7:30 P.M. The September 24, 2002 meeting of the Montville Planning & Zoning Commission was called to order at 7:30 pm by COMMISSIONER MAJEWSKI Present were COMMISSIONERS BARON, CLARK-WILSON, MAJEWSKI, MARCUS, MAY, and TRYON. Absent was COMMISSIONER POLHEMUS and FERRANTE. Minutes: A MOTION was made by COMMISSIONER CLARK-WILSON SECONDED by COMMISSIONER TRYON to accept the minutes of the September 10, 2002 meeting. Voice vote –COMMISSIONER BARON ABSTAINED – 6-1. MOTION CARRIED. MINUTES APPROVED Correspondence: NONE New Business: NONE Zoning Issues: NONE A motion was made by COMMISSIONER BARON SECONDED by COMMISSIONER CLARK-WILSON to take up Old Business and begin the Public Hearing at 8:00 p.m. Voice vote -All voted in favor. MOTION CARRIED. Public Hearing: Jonathan Katz/Craig Ruhs: An application for a zone change from OS (open space) to R-40 on property located at 47 Daisy Hill Rd., Maiville Rd. and 40 Birch Terrace. Shown on Assessor’s Map 11 Lots 15, 34, 2-A13 (portion). It was noted that the legal published had an error in the zones proposed. The Public Hearing has been rescheduled for the next meeting which will allow for adequate publication of the legal ad. A MOTION was made by COMMISSIONER CLARK-WILSON SECONDED by COMMISSIONER BARON to have a 5 minute break. ALL VOTED IN FAVOR – MOTION CARRIED Chestnut Ridge Associates LLC: An application for a special permit for excavation of earth product materials at property located at 143 Simpson Lane and 82 Pires Drive, Oakdale, Ct. Shown on Assessor’s Map 38, 39 Lot 50, 86. The Public Hearing began at approximately 8:00. Attorney Harry Heller, representative for the applicant, made a presentation on the proposed gravel excavation. Mr. Heller indicated that the excavation would entail approximately 200,000 cubic yards of earth product as indicated on sheet #6 of the submitted plan. The proposed excavation would be limited to a 15 acre area of the total 59.7 acres and be completed in 2 phases. The depth of the proposed excavation has been limited as to not interfere with the existing water table. Attorney Heller assured the COMMISSION that his application was a one time application and he would not be before them to seek further approval for earth products removal. Attorney Heller introduced: ROBERT SILVERSTEIN MINER & SILERSTEIN 322 CAPTAINS WALK NEW LONDON, CT 06320 Mr. Silverstein presented into record an analysis of area properties in the vicinity of gravel operations. The analysis was to show that the properties do not decrease in value DAVID SULLIVAN 300 EAST MAIN ST. BRANFORD, CT Mr. Sullivan submitted into record a study of the traffic in the area of the proposed excavation. This study was performed in peek hours on a Tuesday, Wednesday and Thursday. In his estimate, the traffic will consist of approximately 20 truck trips per day to complete the excavation and will not greatly impact the traffic that already exists on Simpson Lane and Route 163. STAFF: Presented the question of whether the trucks involved in the excavation will be crossing over the center of the road when exiting onto Simpson Lane. There was discussion regarding the driveway which would be utilized for the trucks to enter onto Simpson Lane. CHAIRMAN: Asked if the truck traffic involved in the proposed excavation would be coordinated with the school bus schedule. ATTORNEY COLLIER O’BRIEN, SHAFNER 475 BRIDGE STREET GROTON, CT 06340 Attorney Collier spoke on behalf of the neighbors of Pires Drive. Attorney Collier commented on the beauty of the proposed site, stating he viewed it from Simpson Lane and from neighboring properties on Pires Drive. Attorney Collier entered a letter into record regarding wetlands and commented on the application not being resubmitted to Wetlands for further review. Also entered into record were cases from different towns regarding wetland reviews and the circumstances surrounding those cases. ATTORNEY OSCHNER: Attorney Oschner stated that the Town of Montville Wetlands Commission has the authority to look at regulated activity in the wetlands and the 50’ buffer area surrounding the wetlands. PUBLIC COMMENT: MAYOR RUSS BEETHAM 60 RIVERVIEW ROAD UNCASVILLE, CT 06382 Questioned the posting of the agenda. PETER SEPOWITZ 40 PIRES DRIVE OAKDALE, CT 06370 Does not believe map submitted to be accurate. Mr. Sepowitz commented on the difference reflected on the map and what the applicant stated for the excavation amount and the time period proposed. He also stated that the applicant said that water would be used to control dust but the plan noted that a combination of water and calcium chloride would be used. Mr. Sepowitz is concerned regarding what will be done and what is said will be done. MICHAEL TUCKER 285 SIMPSON LANE OAKDALE, CT 06370 Mr. Tucker is against the proposed excavation. He welcomes new homes in the community but does not believe the excavation fits into the area and will only disrupt the neighborhood. Mr. Tucker stated that he works evenings and has to sleep during the day. He commented on the amount of traffic which is already on Simpson Lane and how that traffic already causes a hazard. Mr. Tucker does not believe the road is wide enough to accommodate two trucks or a truck and a school bus. He also stated that the people traveling the road do not obey the 25 MPH speed limit and does not expect the new anticipated traffic from the proposed excavation will obey it either. This he believes can be a real safety concern. SCOTT MINER 93 PIRES DRIVE OAKDALE, CT 06370 Mr. Miner has issues with the traffic and whether the size of the road will support the amount of truck traffic the proposed excavation will produce. Mr. Miner suggested that the road should be widened before a project like this is approved. DAVE RICHARD 87 PIRES DRIVE OAKDALE, CT 06370 Mr. Richard has been a Pires Drive resident for 13years and is against this application. Mr. Richard believes the two existing gravel operations in town exit onto the interstate and do not utilize Simpson Lane. He stated that his belief is that two trucks can not fit on Simpson Lane due to the width of the road. After the Public spoke, Attorney Heller informed the COMMISSION and the public that no one should be on the property. The last time it was allowed was when the Wetlands Commission performed a site walk. Attorney Heller presented Robert Russo to give a brief presentation: ROBERT RUSSO Mr. Russo gave a brief overview of the property as it exists and described where the proposed excavation is located. He agreed with Mr. Irving that in fact the ponds do have a vernal pool characteristics but are not vernal pools. Mr Russo also stated that he had in fact seen fin fish on one of his assessments of the property. He indicated that species prefer a wooded habitat as compared to the open field which will be the area of excavation. COMMISSIONER MAJEWSKI: Asked if DEP provided a definition of a vernal pool MR RUSSO: Stated that there are various definitions of a vernal pool. Old Business: Agnes Sills: An application for a 3-lot subdivision at property located at 60 Hammel Lane, Uncasville, Ct. Shown on Assessor’s Map 72 Lot 24A. A MOTION was made by COMMISSIONER CLARK-WILSON SECONDED by COMMISSIONER MAY to APPROVE the application with conditions. A NEW PLAN SUBMITTED REFLECTING ENGINEERS COMMENTS REGARDING SHOULDER AREA BETWEEN THE DRIVEWAY AND TOP SLOPE. AN E&S BOND BE ESTABLISHED IN THE AMOUNT OF $2500.00. Chestnut Ridge Associates LLC: An application for a 8-lot subdivision on property located at 143 Simpson Lane and 82 Pires Drive, Oakdale, Ct. Shown on Assessor’s Map 38, 39 Lot 50, 86. WITHDRAWN Other business to come before the Commission: Adjourn: A MOTION by COMMISSIONER MARCUS SECOND by COMMISSIONER MAY to adjourn. All voted in favor. Meeting adjourned at 11:20 pm. Respectfully Submitted, Laura Wood, Recording Secretary A COMPLETE RECORD OF THIS MEETING IS ON CASSETTES ON FILE IN THE TOWN CLERK’S OFFICE