Present: Frank Taylor; Chairman, Gerry Casiello; Vice Chairman, Marshall Sanford, Joe Ventricelli, John Shaban, Gary Miyashiro and Ben Gordon
Absent: Amy Atamian
Also Present: Tom Gormley, ZEO
PUBLIC HEARING
REEDA B. HARSCHE, THREE LEVELS CORP., 626 REDDING ROAD
Mr. Gordon read the legal notice into the record.
MOTION: Mr. Casiello made a motion to open the public hearing for the application submitted by Reeda B. Harsche Three Levels Corp. 626 Redding Road for a site plan to change the zone from R-2 to RV on a 14 acre parcel at 626 Redding Road and Gallows Hill Road at 7:33 p.m. Mr. Sanford seconded the motion and it was carried unanimously.
Attorney Neil Marcus representing Three Level Corp, which is the agent for Reeda Harsche, was present for the application. The application is for an affordable housing proposal per Section 8-30G. Section 8-30G is an act in which the burden of providing housing opportunity spread throughout areas in the state. Prior to 8-30G affordable housing used to be limited to cities. The legislature determined that small towns were not taking on the burden of housing stock.
This proposal will have ten housing units affordable, which is 30%. This will require a zoning change on this specific piece of property to an RV zone.
Bill Carvoni, Civil Engineer, for the applicant was also present. He explained that access to the property is on Redding Road and Gallows Hill Road, but access will be from off of Gallows Hill Road. The traffic report indicates that the required 250 feet for site lines are met at the entrance for the new road. The proposal consists of nine new structures and one existing structure, which will be enlarged. The property consists of 14.19 acres of land. Seven of the dwellings will have three bedrooms and the remainder will have three bedrooms plus the one bedroom apartment.
Each house will have its own septic system.
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There will be two phases for the storm water management. A detention study showed that in a 2-100 year storm, there is no increase in peak runoff. All impervious areas will be tied to a gallery system. The gallery system will have a control outlet which will allow the slow release of the water into the drainage system. Flows from small storms contribute to base flow. Runoff from paved areas will be treated using mechanical separators which will remove 80% of the solids before the water goes into the gallery system. This is the standard DEP requirement for removing suspended solids. Each of the systems has high level overflow, which is for the larger storms. The smaller storms are stored in the gallery system and allowed to percolate into the ground water. They are
forcing the percolation into the gallery system to maintain the base flow.
Frank Taylor stated that there appears to be a significant slope and a retaining wall, none of which is documented and cross sectioned and no engineering design for the wall. He questioned how the slope will be stabilized. Mr. Carvoni stated that there will be 2-1 sloping which will be seeded and hayed. Mr. Taylor also stated that there does not appear to be any surface drainage support along that retaining wall to keep any runoff from the road down toward the retaining wall on their property. Mr. Taylor stated that that area now is currently heavily vegetated and will be clear cut with the proposal which will increase the runoff.
Neil Marcus stated that the slope will be 2-1 and is not exceedingly steep and will be vegetated so it will be permeable. They don’t anticipate the flow of water to the westerly property line to increase as a result of the construction of this driveway.
Access from Route 53 will before emergency access only. The driveway will remain as it is. They could install a safety gate.
Nicole Burnham of Milone and MacBroom submitted her original letter dated May 17, 2007 to the Commission. She stated that she has visited the site and reviewed the plans. She stated that the landscape plan and the lighting plans need to be addressed. More detail is needed on the retaining wall as well as a construction cross section of the wall and the road.
The Gallows Hill Road intersection has a very steep grade and she questions the site lines. Redding Road is a more acceptable access than Gallows Hill Road, which is a substandard road. Site grading needs to be clarified with spot elevation and detail on the grading. She also stated that they may be recharging more ground water than they need.
They also questioned the wetlands in the North East section on the site. There is a low point there at the down stream end of the wetlands, but it wasn’t clear that under all storm conditions that there’s no runoff from that area. She has not yet seen this in a rainstorm. Typical sizing details also need to be provided for the particle separator units. Recharge system 1 is up-gradient from units 1,3,5,7,8 & 9 and extends north to south along the roadway. Those are very close to the houses and the Health Department may require that they be 25 feet from the houses.
There is a discrepancy in the storm water calculations.
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It appears that there is a plan for a community well, which is regulated by the State Health Department which requires an approval process. Information is needed on the status.
Fire protection is not clearly defined. A letter from the Fire Department is also needed.
There were no calculations for the sizing of the sewage systems.
Units 1,3,5 &7 are on steep slopes and cross sections are needed. It appears that they will need to fill.
Plans need to be presented to DEP regarding the sewage disposal.
An erosion and sedimentation control plans outlining measures to be taken is needed.
Neil Marcus stated that Gallows Hill Road is a 13-14% gradient and questioned if this is a dangerous road and if it is it needs to be addressed by the Town. Ms. Burnham stated that this is a difficult road to manage especially in the winter. There are potential safety issues with the road including poor drainage.
Frank Taylor explained that the affordability plan is missing. He also questioned which section of 8-30G the applicant is applying. Mr. Marcus stated it is Section 8-30G (B) (K).
The Commission explained that the following information is needed by the applicant:
· Administration plan
· Homeowners Association outline
· Market Plan
· Construction phasing plan
· All calculations for income vs. rental
· Section 13, “Enforceability” wording is needed for when the occupant may earn over the income requirements, which would require them to vacate.
Mr. Robert Dean, of the Planning Commission, was present and read the May 15, 2007 letter which they addressed to the Zoning Commission. The Planning Commission has found that each of the three applications submitted to be in complete violation of the Redding Town Plan of Conservation and Development. The Planning Commission is concerned about the volume of traffic entering onto Gallows Hill Road.
Mr. Marcus sated that the Plan of Development is referenced in their outline and this is a low density area of only ten units. He feels that his plan complies with the Plan of Development. He also stated that the State Plan of Conservation and Development does not apply to this application at all. Copies of an article printed in the PILOT were distributed to the Commission. Quotes from Joan Hubbard, State Office of Policy and Management, were highlighted.
Mr. Marcus stated that they could have someone close access off of Gallows Hill Road and open the emergency access when the Police Department feels that the roads are hazardous.
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He also stated that the septic system do not meet the Public Health Code, it won’t get built. He assured the Commission that they will meet the health codes.
He also feels that the site lines are not safety issues. Mr. Ventricelli stated that the site lines have everything to do with safety. Mr. Marcus stated that this application meets the health and safety requirements.
Mr. Shaban questioned when a driveway becomes a road.
Dave Pattee, Chairman of the Conservation Commission, read the letter dated May 23, 2007, which was addressed to the Zoning Commission.
Bill Carvoni stated that the detention gallery system is uphill and there is no regulation to maintain a 25 foot separating distance. They have drilled 13-241/2 foot holes and found no ground water, ledge or motteling. The ground water has more than the 21 day travel time which is required by DEP. On site testing was conducted and this will meet all the DEP standards. An application has been made to the state for the water.
Don Taukuss, Selectmen for Redding, read the letter by the Board of Selectmen, dated May 22, 2007 into the record. The report of May 7, 2007 by John Hayes was referenced in the letter. The Board of Selectmen recommended that the Zoning Commission deny this application as there is a danger to public water supply and the primary proposed driveway is an inherent danger due to the narrow hilly Gallows Hill Road. It is a hazardous traffic condition for the residents of the development as well as the existing residents. The Board of Selectmen also feels that this location is not suitable for a zone change.
Neil Marcus will comment in writing regarding this letter once he has received a copy of it.
Gerry Casiello questioned the possibility of making this driveway a one way only, to come in off of Gallows Hill Road and exit onto Redding Road.
The report from the Health Department was received, it was dated May 23, 2007.
Mr. D’Agostino stated that 10 septic systems on 14 acres seems to be a lot. There is a two acre zoning in Redding and feels that this property should adhere to that requirement.
Mr. Couch stated that the applicant is being deceitful and disrespectful.
Mr. Bonsignoire of 636 Redding Road presented pictures of the Nor’easter taken on Route 53. There have been four major floods which caused closure of a portion of Route 53. The proposed emergency exit is for construction use and is a regulated area. He recommends the movement of the road entrance to Gallows Hill Road.
Mr. D’Angelo for the Preservation Society was present and agrees with the Conservation Commission and the Board of Selectmen. This is another attempt for development by any means possible. He questioned if it is possible to have two or more Commissions in court at the same time.
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Mr. Ford recommended that fire sprinklers be in the development as well as all new residential construction.
Diane Knapp stated that she is aware of many accidents on Gallows Hill Road, which go unreported as they occur right in front of her house.
Mr. Kimball of 21 Picketts Ridge Road requested that the Commission seek an unbiased legal opinion to protect the residencts of the Town.
Ms. Hawthorne of 376 Newtown Tpke., questioned the integrity of the application. The application is solely on the money. He feels that this application may put all the residents in jeopardy for 3 apartments which may not happen.
Justin Hickson stated that these cases are very fact specific. He referenced a tape from the previous public hearing regarding this property and encouraged the Commission to listen to this tape. He asked that the public hearing remain open until the Commission has had the opportunity to listen to this tape.
Mr. Taylor explained that there is a letter from our counsel in the file which states that this is not properly crafted language for Section 8-30G as well as a number of additional deficiencies.
Additional correspondence were from the Fire Marshall, Aquarion, and several residents.
MOTION: Mr. Casiello made a motion to continue the public hearing for the application submitted by Reeda B. Harsche Three Levels Corp. 626 Redding Road for a site plan to change the zone from R-2 to RV on a 14 acre parcel at 626 Redding Road and Gallows Hill Road until their next regularly scheduled meeting of June 13, 2007. Mr. Gordon seconded the motion and it was carried unanimously.
MOTION: Mr. Casiello made a motion to adjourn the meeting at 10:30 p.m. Mr. Gordon seconded the motion and it was carried unanimously.
Filed Subject to Approval,
Respectfully Submitted,
Dorothy Torres, Clerk
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