HomeMy WebLinkAboutStaff Exhibit 1Legacy Associates, LLC
28 Waters Drive
212 SP 9
Public Hearing Date: April 24, 2012
Staff Report Page 2
Project: Legacy Estates – 28 Waters Drive
General Information
Applicant: Legacy Associates, LLC
Representatives:
Legal: Jeff Londregon
Engineer: Development Solutions
Surveyor: Eric Seitz
Requested Action: Special Permit Review
Purpose: Construction of a two-family dwelling in an R20 Zone
Location: 11 Waters Drive
Existing Land Use, Acreage, Zoning and Applicable Zoning Sections:
• Vacant
• 0.46 acres
• Section 9.3.13 (R20 Special Permits)(Two Family Dwellings)
• Section 17 (Special Permits)
Staff Report Page 3
Project: Legacy Estates – 28 Waters Drive
Background Information
Subdivision was approved in June of 2007. At this time no construction has started.
Analysis
Inland Wetlands Commission Not applicable
WPCA – See attached letter
Uncas Health – See attached letter
Staff Report Page 4
Project: Legacy Estates – 28 Waters Drive
Staff Recommendations
Staff recommends approval. The application has satisfied the Requirements of Section 17 and
Section 9.3.13 of the Regulations.
Exhibit A
In doing so the Commission has considered the application, the staff report, the public testimony
and the expert testimony and finds that
1. The proposed use is appropriate for the designated location with regard to: The size and
intensity of the proposed use, and its relation to existing land uses, is in harmony with the
appropriate and orderly development of the area in which it is to be situated and will not
be detrimental to the orderly development of adjacent properties; the capacity of adjacent
and feeder streets to accommodate peak and average traffic volumes, and special traffic
characteristics of the proposed use, and the avoidance of non-residential traffic through
residential streets; the development will not hinder or discourage the appropriate
development and use of adjacent land and buildings or impair the value thereof; the
overall impact on neighborhood property values, and the special problems of fire or
police protection inherent in the proposed use; the preservation of the character of the
neighborhood in terms of scale, density and intensity of use, architectural character, and
similar factors; the availability of adequate effluent disposal, water supplies, stormwater
disposal systems, and other special burdens on utilities which the use may entail; the use
may be carried out so as to protect and enhance, and without the undue destruction of,
valuable historic or natural resources or the pollution of lakes, streams, and other water
bodies, while providing the best possible design of structures and land uses compatible
with the shape, size and topographic and natural character of the site.
2. Complies with Zoning Regulations dated March 20, 2012
This is a conditional approval. Each and every condition is an integral part of the Commission
decision. Should any of the conditions, on appeal from this decision, be found to be void or of
no legal effect then this conditional approval is likewise void. Should any of the conditions not
be implemented by the applicant or his successors within the specified permit time period, then
this conditional approval is void. The applicant may re-file another application review. The
conditions of approval are:
1. The ZEO must be contacted 24 hrs prior to start of construction.
2. An E&S Bond in the amount of $2,000.00 must be posted prior to the issuance of a
Zoning Permit.
3. The Applicant/Developer shall construct the road and associated infrastructure as shown
on the plan titled "Legacy Associates, Inc. P.O. Box 11 Old Mystic CT 06372 Legacy
Estates Woodland Drive Montville, CT. Project No. F.H.E Surveyor/Engineer E.S.
/P.F.L. Scale: 1"= 40′ Date: May 2007 Sheet No. 1 of 8 thru Sheet No. 8 of 8" prepared
by Eric Seitz Land Surveying, Inc. and Development Solutions, L.L.C. Zoning Permits
for dwelling units shall not be issued until such time as the road is accepted by the
Montville Town Council and the wastewater pump station has been inspected and
approved by the WPCA.
However, the Applicant/Developer may, at any time within the statutory completion time
pursuant to C.G.S. §8-26c and any amendments thereto, post a Performance Bond for the
completion of public improvements for the entire road and infrastructure which must be
in compliance with The Town of Montville Subdivision Regulations Section 3.7
Completion of Public Improvements as amended effective 12/15/11 and Section 3.12
Performance Bond as amended effective 12/15/11.
These Bonding requirements supersede previous Bonding requirements approved by the
Commission on June 12, 2007. All remaining conditions of the June 12, 2007
Subdivision approval remain in force.
H:\APPLICATIONS\IN PROCESS\Waters Drive\Waters Dr - 9 lots 4-20-12 (2).doc
Reviewing Agency: Uncas Health District Review Date: April 20, 2012
Reviewed By: Michael J. Kirby, R.S., Chief Environmental Sanitarian
Project Name: Legacy Associates
Project Location: 7, 11,15,16,19,20,23,24, & 28 Waters Drive
Comments:
The well locations on all nine lots meet the requirements of the CT Public Health
Code. The plans for numbers 7, 11, 15, 19, 23, 24, & 28 were revised 4-18-12.
Electronic Signature: Michael J. Kirby, R.S.
Planning & Zoning Commission Minutes June 12, 2007
H:\MINUTES\P & Z\MINUTES 2007-FILED\6-12-07 P&Z minutes3.doc
2
c) BADCO, LLC/Devine Hydraulics: An application for a Site Plan Review for the
construction of a new building with associated parking and site improvements for Devine
Hydraulics, along with temporary retail space on the property located at 1492 Route 85
Desjardins also read to the Commission a letter that she had sent to Carol Hanover of CIRMA.
Glen Hart appeared at the request of Stan Gwudz on behalf of the Parks & Recreation
Commission and was available to answer the Commission’s questions. Staff advised that it is the
Commission’s responsibility to determine if the location is in line with the Plan of Development.
Discussion was held. A MOTION was made by COMMISSIONER PIENIADZ; SECONDED
by COMMISSIONER TONER to CONTINUE. Voice vote 9-0 All in favor. MOTION
CARRIED.
b) Bruce Williams/Legacy Associates, Inc/Beech Hill Partners, LLC: An application for an 11
lot subdivision on the property located on 84-90 Woodland Drive, Montville, Ct. As shown on
Assessor’s Map 90 Lot 84. Staff gave the Commission a history of the previous applications that
had been before them relative to this property and advised that this application is a product of
numerous reviews that had been done on the previous applications. Staff report dated June 12,
2007 was read into the record. The Town Engineer’s letter dated June 11, 2007 was also read.
One of his comments would need to be added as a condition of approval (Based on the off-road
grading just west of the cul-de-sac and upgradient of the stormwater basin, we would require that
a small section of guide rail is provided in this area.) A MOTION was made by
COMMISSIONER PIENIADZ; SECONDED by COMMISSIONER TONER to APPROVE
Bruce Williams/Legacy Associates, Inc/Beech Hill Partners, LLC application for an 11 lot
subdivision on the property located on 84-90 Woodland Drive, Montville, Ct. As shown on
Assessor’s Map 90 Lot 84 with the following conditions:
1. A demolition permit is obtained from the Building Official prior to the removal of the
existing house
2. Individual site plans, including well locations, shall be submitted to the Uncas Health
District and the Zoning Official prior to the time each lot is developed
3. Performance bond or other surety acceptable to the Town of Montville = $340,000 is
posted
4. An E&S Bond in the amount of $10,000 (is posted)
5. An Engineering inspection fee in the amount of $10,800 (is posted) (computed as
follows: 4%first 200,000; 2% on remainder of the $340,000 performance bond per
section 3.7.1 of the Subdivision Regulations)
6. Construction plans must be submitted to the WPCA. The WPCA must be notified prior
to the start of construction
7. The applicant and or the developer shall notify the Town Planner at least two weeks
prior to the start of construction. The Town Planner shall arrange a preconstruction
meeting which the developer and his contractor shall attend.
8. The applicant shall provide the Planning Office with a copy of the State General Permit
for the Discharge of Stormwater associated with construction activities and a copy of
the Stormwater Pollution Control Plan submitted to the State
9. Based on the off-road grading just west of the cul-de-sac and upgradient of the
stormwater basin, we would require that a small section of guiderail is provided in this
area. (per Town Engineer comment)
Voice vote 9-0 All in favor. MOTION CARRIED