Board of Selectmen - May 8

Under Public Comment, Darryl Madey, 106 Marbern Drive, came before the Board to discuss a noise problem when groups use the athletic fields of the Middle and Intermediate schools at Mountain Road and Hill Street. He noted that the Relay for Life event goes on for 24 hours. Mr. Madey stated that he is in favor of groups using the fields but requests that the volume be lowered. He said that the large loudspeakers are set in the direction of his home and the volume is extremely loud. He cannot be outside during these events and even with his doors and windows closed can still hear the speaker noise. He has been unsuccessful in trying to resolve the situation on his own. He requested that the Board of Selectmen take action and recommended some solutions. Mr. Madey requested prompt actions as the Relay for Life is planned for June 7th.

Director of Economic Development, Patrick McMahon was in attendance to discuss the request to apply for a Main Street Investment Fund Grant. Mr. McMahon reported that the Town of Suffield has the opportunity to apply for a grant from the Main Street Investment Fund (MSIF) through the Department of Housing. Applications are due May 30, 2014. The Town did not receive a grant award in the initial $5 Million allocation. The MSIF is now offering another $5 Million grant opportunity statewide. 

Eligible projects are those that develop or improve town commercial centers to attract small businesses, promote commercial viability, and improve aesthetics and pedestrian access.

Currently Ffyler Place is a private road servicing both the Town's Highway Garage complex and the former Stevenson Lumberyard. The current road is partially on Town land and partially on Stevenson land. Acceptance of Ffyler Place as a Town Road would allow for the subdivision of the remaining 25 acre former Stevenson Lumberyard and promote the redevelopment of the area which would generate new tax revenue for the community and provide new businesses and possibly residential units in the Town Center Village District.

The goal of the reconstruction project is to help encourage the development of the Stevenson property. Relocation of the town's highway garage is being explored. A feasibility study has been completed to move the garage to Town-owned land in our light industrial zone by Bradley. The EDC and the property owner's commercial real estate firm are aggressively marketing the property. The taxes on the property are current.

The project would entail construction of approximately 30' wide road to Town Road standards up to 1100 l.f. There would be a 50' right-of-way. Construction would include granite curbing, drainage structures, sidewalks, decorative lighting and benches, and landscaping.

The Town has $40,000 set aside in the FY13-14 capital budget for Ffyler Place reconstruction that would be used as a match for this grant.

Selectman Reynolds moved that the Board of Selectmen recommends the submission of a $500,000 grant application to the Department of Housing for the Main Street Investment Fund to the Town Meeting for approve if needed.

First Selectman McAnaney requested an amendment to Mr. Reynolds' motion as follows: The Board of Selectmen approves the submission of a $500,000 grant application to the Department of Housing for the Main Street Investment Fund subject to a Town Meeting for approval if needed.

Mr. Reynolds accepted the change. The vote on the amendment passed 4-0 in favor.  The vote on the motion amended was 4-0 in favor.

The Board also voted to close the Public Hearing on the 2012-13 Annual Report.

Selectman Sullivan made the motion to reappoint the following members to the Heritage Committee through May, 2018 as their terms had previously expired: William Hansen, Raymond Wilcox, Roger Ives, Chet Kuras and Arnie Magid.

First Selectman McAnaney pointed out that the Connecticut Conference of Municipalities (CCM) provided us with figures on the impact to Suffield based on the FY 15 Adopted Midterm Budget. The document showed a decrease of $461,350. After review and adjustment by the Finance Director the net impact is a decrease of $16,613.

First Selectman McAnaney reported that the Board of Finance accepted the detail $150,000 cuts approved by the Board of Selectmen at their Special Meeting on May 2nd with one change. The First Selectman salary increase of $5,000 was eliminated and the $5,000 was moved to the Library Book account. PURA has approved Aquarion Water Company's acquisition of West Service Water System effective 3/10/14.

First Selectman McAnaney noted that we received a letter regarding PURA's approval of Aquarion Water Company's acquisition of West Service Water System effective 3/10/14. Selectman Fitzgerald mentioned that we need to work with Aquarion to get more residents in West Suffield access to public water. Discussion followed on the need to reach out to the WPCA and WMC Consulting Services involved in the Congamond Lake Waste Water Management Study to receive an update on the results of drinking water testing. Residents were advised to contact the WPCA if they were interested in having their drinking water tested.

The Selectmen received a copy of the Summary report of recent Bridge Inspections. Inspections are done every two years on bridges with spans of over 20 feet. Six out of nine bridges were evaluated in Good condition while three were rated Fair. Those include The Remington Street over Stony Brook Bridge (which has qualified for funding under the Federal Local Bridge Program for up to 80% reimbursement), the Russell Avenue over Philo Brook and Halladay Avenue West over Philo Brook. First Selectman McAnaney has forwarded the report to the Town Engineer for his review.

The Prescription Discount card was mailed out to all Suffield residents last year and are available online or in Town buildings. After 9 months there have been 450 claims with 178 cards being used, saving residents nearly $35,000. This program was offered by CCM at no cost to taxpayers.

Bid Invitations are out for reconstruction of Spruce Street between North Grand Street and Ratley Road, Bidding closes on May 22nd

In February, letters were sent to residents inviting them to take part in a Home Energy Audit. For each audit performed, the Emergency Aid Fuel Bank receives a $25.00 donation. To date, 87 residents have called. If all 87 complete the audit, the Fuel Bank will receive $2,175. The mailing was paid for by the Connecticut Energy Efficiency Fund at no cost to the Town.

Selectman Reynolds made a motion to add an item to the agenda entitled Ratify the actions of the First Selectman regarding the budget. Vote 4-0 in favor.

Ratify the actions of the First Selectmen regarding the budget.

First Selectman McAnaney explained that at the Special Meeting on May 2nd, there was a motion to accept the First Selectman's budget cuts of $150,341 with one modification, that being to move the $62,227 reduction to the Police budget to the Employee Benefits line, increasing it to $72,227. After the meeting he noticed that the Police budget detail reflected $56,500 for pay and benefits and $5,727 for a gasoline adjustment. The First Selectman reduced the amount moved to the Employee Benefits line to $56,500 and kept the decrease of $5,727 in the Police Budget for reduced fuel costs.

Selectman Reynolds made the motion to ratify the actions of the First Selectman to move $56,500 to the Employee Benefits line and retain the Police Budget reduction of $5,727 for reduced fuel costs. Vote 4-0 in favor.

Economic Development Commission - May 15

Economic Development Director Patrick McMahon reported that CVS is making application to the Zoning and Planning Commission for redevelopment on Ffyler Place. CVS will have to go before the Design Review Board; it has met with the DRB previously in an informal meeting. The Design Review Board suggested significant design changes, and CVS has complied. CVS will go to DRB for its final approval.

He noted that the developer that had met with the Commission informally last month is still pursuing a vital interest in developing Ffyler Place with both retail and housing a part of a proposal. A subdivision could be possible.

The Remedial Plan for the Garage Relocation has been completed, but Fuss & O'Neil have requested addition soil borings.

M. McMahon stated that the survey has been completed on the utility expansion project on Route 75. The design has not begun yet. An RFP for the engineering for Canal Road and Harvey Land has been requested. He also reported that Trevisan has not set the date to break ground for construction of their new facility. Trevisan has applied for a Bradley Development Zone tax incentive.

Mr. McMahon reported that DECD and DEEP have been to the Landfill and the Landfill has met the requirements for the expansion of the Landfill. This project could be closed within 60-90 days.

Kent Memorial Library ADA project - This project is moving forward. Not only is the new ADA project scheduled, but the updated renovation of the HVAC and electrical systems, and new windows will be ongoing at the same time. The Library will need to close temporarily. It was hoped that this project could be bid in late spring; now it may be early summer. The Town is seeking a temporary location for the Library.

The Town with the Board of Finance and Selectmen approval will apply a grant to the Main Street Investment Fund for a $500,000 grant. The grant if awarded would fund the reconstruction of Ffyler Place. This would entail construction of an approximately 30 foot wide road to Town Road standards. The application is due May 30.

Mr. McMahon reminded the Commission that the Town has applied for a STEAP grant of $500,000; $250,000 for Babbs Beach and $250,000 for Hilltop Farm from OPM. The Town has also applied for a grant of $800,000 to Small Cities Community Development Block for modernization improvements to its public senior housing complex on Bridge Street.

Bridge Street School - The committee as formed by the Board of Finance has met one time. The goal to repurpose the Bridge Street School i.e. for Parks/Recreation or a Town Community Center is being studied. A report which identified 4 Milestone Overviews or action plans will be used as a framework to determine and define potential uses of the building as a Parks/Recreation facility or a Town Community Center. Each overview has its own specified Tasks. Michael Stevens, Chairman of ACCE, updated the BoF with the 4 Milestone Overviews. A Phase I environmental study had been previously conducted. The plan is now to do some test borings. The committee is seeking $30,000 to begin this process. An architect needs to be retained to look at possible designs and estimated costs. This committee will report back to the BoF at its June meeting.

Zoning and Planning Commission - May 19

The first item was File #2014-12, a request for a Special Permit Renewal for a Sand & Gravel Pit located at Griffin Road. Applicant - Lakeroad Materials, LLC.

Attorney Joseph Flynn represented the applicant along with Marek Kement, P.E. of Anchor Engineering. Mr. Flynn described the property located west of Copper Hill Road and he submitted the following exhibits to incorporate into the record:

• Exhibit B1 - Site plan by Gary B. LeClair, LLC dated 3-24-03
• Exhibit C - April 22, 2014 correspondence from the Conservation Commission
• Exhibit D - February 26, 2004 Special Use Permit approval from Suffield Zoning & Planning
• Exhibit E - Superior Court Decision of January 6, 2005 rejecting certain conditions of approval that the Suffield Zoning and Planning Commission had placed on the application.
• Exhibit F - Conditions for the proposed operation of the gravel pit that the applicant is proposing.

Mr. Flynn gave a brief history of the property explaining that the sand and gravel operation on this property began the 1930's prior to the town instituting Zoning Regulations in 1954. A special use permit was not required until 1989 and the use continued through 2004. The property includes a private road running from east to west called Lake Road. In the 1960's, the Cannon family consented to the use of this road as a pass through to adjoining roads. Although the road continues to be a private road, the town plows the snow and periodically re-grades it. Mr. Flynn noted that in 2004 the town approved this same proposal for the sand and gravel operation and the relocation of Lake Road. The applicant did not agree with some of the conditions imposed and appealed the decision to the superior court which ruled in favor of the property owner.

The Applicant is now proposing to implement the plan approved in 2004 and to relocate the road to the south of its current location and excavate the area indicated on the drawings. He noted that earth removal is a permitted use in the regulations and they are basing the conditions of operation on the court decision but also enhancing the current site conditions, safety, maintenance, and grading. It is the applicants' contention that the application must be approved based the previous approval and associated court decision and it is up to the commission to work out how the plan will be implemented and not if it will be implemented. Mr. Flynn emphasized that the proposal will improve the conditions of the site.

Mr. Kement then reviewed the details of how Lake Road would be relocated in phases, at no time impeding traffic on the road. He described the proposed fencing, ground water monitoring and explained that there would be no excavation until the road relocation is complete. He also explained the area of excavation showing it on the site plan.

Town Planner Bill Hawkins then read his report into the record. He noted that the Conservation Commission found that their letter of September 9, 2003 would remain in force and a new application to them was not necessary. Mr. Hawkins also reviewed the history of the property reviewing the action of Zoning and Planning commission and the result of the court decision. He has reviewed the application with the attorney for the commission, Carl Landolina, and the resulting opinion is that, even though operations have been dormant since 2005, a lack of use does not constitute abandonment of the gravel pit operation. Mr. Hawkins noted that the plans indicate two phases to be excavated over the next two years. Phase I is located on the northeastern area of the property with Phase II on the northwestern area of the property.

Mr. Murphy asked Mr. Hawkins if more time was needed to evaluate the application and he said replied that it was.

Town Engineer Gerry Turbet then read his report into the record, noting that more detail is needed from the applicant, particularly about test wells and ground water elevations, the level of the road, the details of the equipment storage pad, and the top soil cover for the restoration. There also should be an indication of a bond for restoration as a condition.

Mr. Kement indicated that he will be forthcoming with more information.

Mr. Murphy then opened up the hearing for public input.  No one spoke in favor of the application.   He then asked for any comments in opposition.  The following people spoke:

• Justin Ayotte, 451 Lake Rd. Asked for clarification on the change to Lake Road and the road that connects to it.

• Edward Rodzen, 831 Mapleton Ave. He formerly operated the sand pit and asked if anyone on the commission was benefiting from this project financially. He was concerned about a conflict of interest.

• Hank Brownstein, 231 Griffin Rd. Concerned whether or not the Town will still maintain the road in bad weather, plowing, etc.

• Tom Straite, 407 Lakeview Dr., asked who currently owns the property.

• Frank White, 374 Griffin Rd. asked if the new road would have the same entrance and exit as the current road.

• Ken Kiely, 111 Pilgrim Road, is an abutter and expressed concern about his well and the slope adjacent to his property.

• Cindy Nicholson, 385 Lakeview Dr., asked if anyone has been in touch with the Town of Southwick and is concerned about the impact on the Lake. She mentioned the liability associated with owning the property and the current activity that has been going on there.

• Marc Davis, 104 Colony Rd, asked for more detail on the material that will be used for the new road.

• Barbara Kolnsberg, 189 Colony Rd, asked if there would be an environmental impact analysis.

• Bill Jenkins, 440 Lake Rd., asked about the road connection to the other private road.

• Kiera Kilosky, 173 Pilgrim Ln., asked about the hours of operation and how soon would the project begin.

• Shannon Watson, 333 Griffin Rd, had concerns about the hours of operation and school children walking to the bus stop at Copperhill Road.

• Marian Straite, 407 Lakeview Dr., questioned why the site was not considered abandoned.

• Justin Ayotte, 451 Lake Rd., asked how much material would be taken out of the property 

• Shannon Watson, 333 Griffin Rd., asked how much traffic would be generated and how many truck trips per day were anticipated.

• Christine Pepka, 451 Lake Rd. asked how many years would this be going on 

• Craig Watson, 411 Lakeview Dr., stated that the other roads in the area can't handle this load and mentioned the noise restrictions for Congamond Lake on the weekends. 

• Ellen Kiely, 111 Pilgrim Rd., asked if there would be screening of soil on the site and what the plans are after they are finished with the excavation. 

• Rick Johnson, 146 Jackson Dr., is concerned about noise and dust and stated that there is an active motor cross going on at this property. He wants to know about safety concerns.

• Doug Burho, 316 Griffin Rd, questioned the impact on surrounding roads. 

• Shannon Watson, 333 Griffin Rd, asked about the effect of property values.

• Ed Rodzen, 831 Mapleton Ave., asked how high above the water table they will have to stay. 

• Frank White, 374 Griffin Rd. raised concerns about the emergency vehicles coming through the property.   
• Craig Watson, 411 Lakeview Dr., expressed concerns about the road safety and the impact on property values.

With nothing further and the need for more information from the applicant, Mr. Murphy called for a motion on continuing the hearing.  Mr. Sheehan moved to continue the public hearing to the June 16th meeting. The motion was seconded by Mr. Kuras and carried unanimously, 6-0-0.

Next was File #2014-13, a request for Special Permit/Site Plan approval for a CVS retail building and associated site work located at 157 Mountain Road. . Applicant - TMC New England 2, LLC.  The Commission accepted the application and scheduled the public hearing for the June 16th meeting.

The Commission then considered File #2014-14, a request for Special Permit/Site Plan approval for a Package Store located at 14 South Grand St. Applicant - Frank Grillo   The Commission accepted the application and scheduled the public hearing for the June 16th meeting.

Under Old Business, the Commission considered File #7-05, a request from Trademark Builders to reduce the recommended bond from $384,000 to $114,000 for the Greendale Village Active Adult Development located off of East Street North.

Mr. Murphy noted that commission members received a letter from some of the Greendale Village residents in their packets.

Mr. Hawkins gave the history of the property, explaining that the original bond required was never posted and the legal opinion is that the bond should be posted now. Mr. Turbet reviewed his report with the breakdown of the work to be done and what has been completed. He was advised to not add any items that were not already on the original bond list. The new bond figure is $114,000.00, which is based on updated costs. There was discussion that all the units have not been completed yet and the permit will be coming up for renewal in October of 2015. That might be a time to review the progress the developer makes in completing the list of items.

Mr. Murphy stated that although this is not a public hearing, he would allow the residents in attendance to comment on the application.

Michael Katz, 40 Greendale Dr. asked for the commissions help in having the items completed by the developer and to reevaluate the bond request. He was concerned that the costs listed on the bond estimate did not reflect the costs needed to complete the project as promised to the residents and the bond that was required was not posted for eight years.

Mr. Sheehan suggested that Mr. Turbet again review the figures on the bond and make sure that all items are addressed with current prices. Mr. Turbet explained that the bond will not necessarily increase the schedule for completion.  The more important leverage is with certificates of occupancy or with the renewal of the permit.

Mr. Hawkins has been in contact with the developer who has stated that he was planning to do some of the planting and items on the list. Commission members indicated that they would like to see some progress and instructed Mr. Hawkins to ask the developer for a schedule of when the items on the list for the bond are going to be completed.

Richard Kissel, 12 Greendale Dr., raised concerns about the bond figures that have been used and would like to have them looked at again. He also raised concerns about drainage.

Mr. Sheehan moved to table the request until the June 16th meeting.  Mr. Kuras seconded and the motion was carried unanimously, 6-0-0.

Next was File #2013-8A, a request from Krystal Woods Developers to revise the bonding and construction of the approved Brushwood Estates Subdivision located off of Bridge Street into two phases.

Mr. Hawkins reviewed the request to phase the bonding and construction of the subdivision. He explained that there is no language in the current regulations prohibiting this.

He showed the commission the site plan proposal indicating the two phases. It was noted that all the open space would be included in the first phase. All forty lots would become taxable because this is already an approved subdivision but the lots in phase II could not be sold or transferred without causing the bond for that phase to be posted. Notes would have to be placed on the plans and in the deeds for all lots in phase I. However, the cul-de-sac on Helen Circle would be over the 1200 foot regulation but this can be waived for no more than fifteen lots. Also, allowing the Helen Circle cul-de-sac to be built would eliminate the need for a temporary cul-de-sac on Dylan Drive.

Mr. Sheehan asked if phase I can stand on its own and the Mr. Hawkins confirmed that it could.  Mr. Murphy had concerns about approving this now, instead of having it as the original application. He questioned the retroactive phasing. Commission members discussed looking at amending the regulations to clarify this and allowing phasing of developments.

Mr. Sheehan moved to grant a waiver per Section 905C to permit the cul-de-sac length as indicated on the revised drawing dated 05/13/14.  Mr. O'Hara seconded and the motion was carried unanimously, 6-0-0.

Mr. Sheehan moved to permit Brushwood Estates Subdivions to be bonded and constructed in two phases with the provision that wording is added to the plans and deeds indicating this.  Mr. O'Hara seconded and the motion was carried unanimously, 6-0-0.

Next was Files # 5-03 & 6-03, a discussion and possible decision on a five year extension request from Eastwoods Associates, LLC for the Eastwoods Active Adult Development located off of East Street South.

Mr. Hawkins explained that the original approval on this was extended by virtue of State legislation until May 19, 2012 and they are asking for a retroactive extension to May 19, 2017.

There is currently no bond in effect and a bond cannot be required because it is a private development.  Mr. Sheehan moved to approve a five year extension to May 19, 2017. Mr. O'Hara seconded and the motion was carried unanimously, 6-0-0.

Town Planner Bill Hawkins reviewed with the Commission a preliminary proposal by a developer to put a 40,000 square foot grocery store and a 15,000 square foot office building on Ffyler place. The developer would purchase the Town property where the Highway Garage is located as part of the deal and this would involve moving the town garage. Commission members felt the proposal would need a lot of reworking to be a mixed use development and not have the parking in front and such heavy coverage. The idea was to have this area be a more walkable mixed use development with more green space.

Mr. Hawkins also advised the commission that there is a new equine rescue facility to be built on eleven acres on Sheldon St. across the street from the high school. This is a non-profit organization and would not be a commercial horse farm so would not be subject to a special permit.