TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION
Public Hearing #1497
January 9, 2007
***** Draft Document – Subject to Commission Review *****
The Meeting was called to order in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT. at 7:06 P. M. by Chairman Ouellette.
ESTABLISHMENT OF QUORUM:
A quorum was established as four Regular Members (Gowdy, Guiliano, Ouellette, and Saunders) and two Alternate Members (Farmer and Matthews) were present. Regular Member Menard and Alternate Member Tyler were absent. Chairman Ouellette noted Alternate Member Matthews would sit in on all Items of Business this evening; Commissioner Menard is expected to arrive later. Also present was Town Planner Whitten.
ADDED AGENDA ITEMS: None.
RECEIPT OF APPLICATIONS: None.
LEGAL NOTICE:
The following Legal Notice, which appeared in the Journal Inquirer on Thursday, December 28, 2006, and Thursday, January 4, 2007, was read by Secretary Saunders:
1. Application of Jason Roy for a Special U se Permit for a dealer/repairer license located at 80-82 South Main Street, owned by VMC Realty, Inc. [TZ-5 Zone; Map 28, Block 5, Lot 4].
2. Application of David Monaco for a Special Use Permit for a Residential Unit over Commercial Space at 112 Main Street, Broad Brook. [B-1 Zone; Map 22, Block 37, Lot 8A].
3. Application of David Monaco for a Text Amendment to Section 8.1.6 of the Zoning Regulations to allow residential units below the first story in commercial buildings.
NEW HEARING: Jason Roy – Special Use Permit for a dealer/repairer license located at 80 – 82 South Main Street, owned by VMC Realty, Inc. [TZ-5 Zone; Map 28, Block 5, Lot 4]. (Deadline to close hearing 2/13/07):
Chairman Ouellette read the Hearing description. Appearing to discuss this Application was Jason Roy, the Applicant.
Mr. Roy reported to the Commission he is proposing to operate a reconditioning shop and auto sales in the front 4,200 square feet of the new building at 80 – 82 South Main Street. Town Planner Whitten recalled for the Commission that on March 14, 2006 they approved a permit for high end and used auto sales for this same site for the same tenant space being considered by Mr. Roy. Mr. Roy would be doing the repairs inside the building; the used auto sales would be accessory to the reconditioning business. He must meet DEP requirements with regard to air quality, etc. Mr. Roy concurred that about 90% of the vehicles would be inside; 5 spaces in the front of the building have been allocated to him for used car sales.
Commissioner Guiliano recalled that the previous application had been for an internet sales operation with approximately 90% of the vehicles sold over the internet and a few shown on the premises, and no repairs. This Applicant is asking for sales secondary to vehicle repair. Town Planner Whitten noted the Commission has the right to limit or restrict the type of repairs that would be allowed. This proposal is not for engine repair; it’s cosmetic repair. Mr. Roy suggested his operation is a step up from a detail shop. Commissioner Saunders questions if the operation would be something like Dent Wizard? Mr. Roy agreed that it would be similar.
Commissioner Gowdy questioned that the present license allowed Mr. Roy to do light vehicle repair? Mr. Roy concurred, but noted he wouldn’t be doing that. Town Planner Whitten suggested that license is required for any type of vehicle repairs; Chairman Ouellette and Commissioner Guiliano questioned how the Commission could restrict the type of repairs allowed under this Application? Town Planner Whitten suggested the Commission could add a condition to specifically restrict the use to light repairs.
Chairman Ouellette questioned the reference to the previous approval; Town Planner Whitten indicated she referenced the previous approval as it involved the same location and site. Commissioner Matthews questioned that there were no changes to the Site Plan? Town Planner Whitten replied affirmatively. Commissioner Saunders suggested that basically the tenant is changing. Town Planner Whitten concurred, and noted that the use is not as intense.
Commissioner Guiliano questioned how Mr. Roy planned to stop himself from putting cars in the grass area; what’s there to deter him from doing that? Commissioner Gowdy suggested the Site Plan indicates the areas for display; Mr. Roy indicated he must follow the Commission’s rules. Commissioner Guiliano questioned if there were any low profile plantings that might be added to the landscaping to keep the cars off the grass but not block the view of the vehicles? Commissioner Saunders noted the operator of the chain saw repair business is also putting some small all-terrain type vehicles out front. Town Planner Whitten acknowledged that’s become an enforcement issue. Chairman Ouellette noted under Section 8.c.2.2 no outside storage is permitted in a TZ-5 Zone.
Commissioner Guiliano suggested delaying approval of this Application until the owner complies with the regulations. Commissioner Gowdy suggested installing curbing to deter vehicle display on the grass; Chairman Ouellette cited concern for creating ponding conditions and suggested the installation of pavers instead. Town Planner Whitten suggested she would like to review the previous Site Plans; she felt plantings had been shown for that area originally but were taken off in subsequent Site Plan proposals.
Commissioner Matthews acknowledged this is an existing Site Plan proposal but noted the lack of a buffer between this property and the high school. If this location comes before the Commission again he would like to see something done with the buffer area.
Chairman Ouellette questioned the hours of operation? Mr. Roy replied 8:00 a.m. to 5:00 p.m. Monday through Friday, 8:00 a.m. to 1:00 p.m. Saturday.
Chairman Ouellette questioned if the Applicant was proposing any additional signage? Mr. Roy indicated he is just asking for a sign or business acknowledgement under Vito’s sign; he is not asking for any additional signage on the building. Town Planner Whitten indicated that review can be done administratively.
Chairman Ouellette queried the audience for comments; no one requested to speak.
Chairman Ouellette asked the Commission if they intended to Close the Public Hearing this evening, or delay any decision until a future meeting? The Commission preferred to take action this evening.
MOTION: To CLOSE the Public Hearing on the Application of Jason Roy for a Special Use Permit for a dealer/repairer license located at 80 – 82 South Main Street, owned by VMC Realty, Inc. [TZ-5 Zone; Map 28, Block 5, Lot 4].
Gowdy moved/Matthews seconded/VOTE: In Favor: Unanimous
MOTION TO APPROVE, the application of Jason Roy requesting a Special Use Permit for an automotive dealer/repairer license to conduct a light automotive repair shop at 84 South Main Street in the TZ5 Zone. (Map 28, Block 5, Lot 44) This approval is granted subject to conformance with the referenced plans (as may be modified by the Conditions) and the following conditions:
Referenced Plans:
- Existing Conditions Map for Vito Cortese, 80-82 South Main Street, East Windsor, CT , scale 1” = 20’, dated September 22, 2005, last revised 5/18/2006, by Kratzert, Jones & Associates, Inc., P.O. Box 337, 1755 Meriden-Waterbury Road, Milldale, CT 06467-0337
-Conditions which must be met prior to signing of mylars:
1. All final plans submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for preparation of the plans.
2. The conditions of this approval shall be binding upon the applicant, land owners, and their successors and assigns. A copy of this approval motion shall be filed in the land records prior to the signing of the final plans.
Conditions which must be met prior to the issuance of any permits:
3. Two final mylars, with any required revisions incorporated on the sheets shall be submitted for signature of the Commission. One shall be filed on the Town Land Records, and one filed with the Planning and Zoning Department
Conditions which must be met prior to certificates of compliance:
4. All public health and safety components of the project must be satisfactorily completed prior to occupancy. In cases where all public health and safety components have been completed, the Zoning Officer may issue a Certificate of Zoning Compliance provided a suitable bond is retained for any remaining site work.
General Conditions:
5. In accordance with Section 13.5.4 of the Zoning Regulations, any approval of a site plan application shall commence the construction of buildings within one year from the date of approval and complete all improvements within five years of the date of approval, otherwise the approval shall become null and void, unless an extension is granted by the Commission.
6. A Zoning Permit shall be obtained prior to the commencement of any site work.
7. This project shall be constructed and maintained in accordance with the filed plans. Minor modifications to the approved plans that result in lesser impacts may be allowed subject to staff review and approval.
8. Any modifications to the proposed drainage or grading for the site plan is subject to the approval of the town engineer.
9. Additional erosion control measures are to be installed as directed by town staff if field conditions necessitate.
10. By acceptance of this approval and conditions, the applicant, owner and/or their successors and assigns acknowledge the right of Town Staff to periodically enter upon the subject property for the purpose of determining compliance with the terms of this approval
11. Cars may not at anytime be parked in landscaped or non-paved areas, unless approved as such on the site plan.
12. All required landscaping shall be adequately maintained.
(Additional Conditions):
13. No OUTSIDE STORAGE of vehicles beyond used car display.
14. Use is limited to LIGHT REPAIR, such as but not limited to, alloy wheel repair and refinishing, chip and scratch repair, interior repair, windshield repair and cosmetic panel repair and refinishing.
15. Low profile plantings and curb blocks/pavers to be installed east of used car display area between parking and road.
16. All repairs are to be performed INDOORS.
Gowdy moved/Saunders seconded/VOTE: In Favor: Unanimous
NEW HEARING: David Monaco – Special Use Permit for a Residential Unit over Commercial Space at 112 Main Street, Broad Brook. [B-1 Zone; Map 22, Block 37, Lot 8A]. (Deadline to close hearing 2/13/07):
Chairman Ouellette read the Hearing description. Appearing to discuss this Application was Scott Poryandi, P. E. with Connecticut Consulting Engineers, of Meriden, CT.; also present in the audience was David Monaco, property owner, and Conrad Kuzmich, architect for the project.
Mr. Poryandi described the property as being located in the center of Broad Brook in a B-1 Zone; the parcel contains 1.9+/- acres improved with two existing buildings – a 16,600 square foot building which includes the Martini Restaurant, and a two-floor 3,800 square foot building presently containing a doctor’s office. They are proposing to add one unit above the doctor’s office. Mr. Poryandi noted they have submitted plans to Town Planner Whitten as well as Town Engineer Norton, who has issued a memo recommending that his concerns/comments have been adequately addressed.
Mr. Poryandi submitted floor plans for the Commission’s review. Commissioner Matthews questioned the number of bedrooms being proposed for this unit? Mr. Poryandi suggested 2; Mr. Monaco, speaking from the audience clarified there will be 3 bedrooms.
Commissioner Gowdy referenced the submitted plans and questioned the inclusion of open-air dining? Mr. Poryandi suggested that was added for future consideration. Town Planner Whitten clarified that item was not under consideration tonight; this Application is only for the existing building.
Mr. Poryandi noted the have met the existing parking and landscaping requirements.
Commissioner Guiliano requested a review of the apartment layout. Mr. Kuzmich referenced the first 2 sheets of the plans which refer to studio apartments; the last sheet references apartments for the other buildings. Town Planner Whitten reiterated the only thing being reviewed this evening (under this Application) is the one apartment for Building 2. She noted the other tenant spaces are for consideration in the future if the text amendment goes through.
Commissioner Matthews questioned if there was a second means of egress for the proposed apartment? Mr. Poryandi suggested there is the fire escape. No work will be done on the interior of the building. Chairman Ouellette queried that from the street you won’t be able to tell it’s an apartment? Mr. Poryandi replied affirmatively.
Commissioner Gowdy questioned that the space was previously occupied by a business? Mr. Poryandi noted it’s presently vacant; the last use was an architectural firm. Commissioner Guiliano questioned what zone is Pasco Commons located in? Town Planner Whitten referred to the Zoning Map and noted Pasco Commons is located in a B-1 Zone.
Chairman Ouellette noted he’s reluctant to give away commercial space; has the Applicant looked into other types of uses? Mr. Poryandi indicated the Applicant has tried for several years to rent space and has had no luck, nor had the previous owners. David Monaco, the owner, approached the Commission to speak. Mr. Monaco indicated this building does not have an elevator. He has listed it with several real estate brokers. The area is more suitable for an apartment; the cost of the apartment will not be expensive, just enough to cover expenses. Mr. Monaco suggested more bodies would help out the whole center of town.
Chairman Ouellette questioned where the tenant would park; would it interfere with the parking for the commercial tenants? Mr. Poryandi suggested they have 82 parking spaces available; 70 are required. Commissioner Gowdy questioned if this was the space previously occupied by Palmberg (Surveyors)? Mr. Monaco replied affirmatively, noting the last use was an architectural firm. The lack of an elevator is a problem with OSHA.
Chairman Ouellette questioned if Mr. Monaco would consider constructing an elevator? Mr. Monaco noted he has 2 tenants downstairs; it’s not impossible but there’s little room. This is a 100 year old building which has been renovated in the last 20 years. Commissioner Gowdy questioned if there was a separate entrance for the upstairs tenant? Mr. Monaco replied affirmatively, noting the entrance comes in and goes directly upstairs. Commissioner Gowdy questioned that an elevator couldn’t be installed there? Mr. Monaco replied negatively, noting it would block the staircase. Commissioner Guiliano suggested it would not be impossible, but it would not be cost effective. Mr. Monaco replied he has tried everything; he’s not receiving
calls on this space; he has only a 44% occupancy level.
Commissioner Guiliano questioned Town Planner Whitten what was the difference between this proposal and the layout of Pasco Commons where the Commission allows residential over the commercial space? Town Planner Whitten noted she was not employed by East Windsor when Pasco Commons began but she felt the intent of that project was that it was geared to have the business owner on the first floor and have a residential unit above for that business owner. Commissioner Guiliano concurred that was the intent but that’s not what’s happened although the project has worked out well.
Chairman Ouellette questioned what approvals are needed from the WPCA? Town Planner Whitten reported one sewer hookup. Mr. Monaco indicated he has spoken to Kevin Leslie of the WPCA. He reported he does everything to the letter of the law; he will get a sign off from Mr. Leslie and if there is a surcharge he will pay it. Town Planner Whitten suggested it will be taken care of at the time of the issuance of the Building Permit.
Chairman Ouellette questioned that Town Engineer Norton’s comments had been address? Mr. Poryandi replied affirmatively, noting memo dated 1/8/2007. Chairman Ouellette read same FOR THE RECORD.
Town Planner Whitten noted she has received verbal comments from Fire Marshal Simpkins; he has no issues with an apartment at 112 Main Street.
Commissioner Matthews questioned that with the proposal being for a 3 bedroom unit would Mr. Monaco expect a rental including children? Mr. Monaco suggested it’s a possibility although these often attract professional people, or people with older children. Commissioner Matthews suggested Mr. Monaco must be aware of the school problem; Broad Brook School is maxed out; they are presently using trailers. He questioned if Mr. Monaco had considered constructing 2 units? Mr. Monaco suggested that would be a massive disturbance for the tenants below; he would be concerned it might cause more vacancies. He indicated he has considered alternatives; he would be asking $1100/month which a couple could afford. Commissioner Guiliano suggested it could be a couple
with a small business. Mr. Monaco suggested he preferred no business upstairs.
Chairman Ouellette queried the audience for comments; no one requested to speak.
MOTION: To CLOSE the Public Hearing on the Application of David Monaco for a Special Use Permit for a Residential Unit over Commercial Space at 112 Main Street, Broad Brook. [B-1 Zone; Map 22, Block 37, Lot 8A].
Gowdy moved/Matthews seconded/VOTE: In Favor: Unanimous
Chairman Ouellette noted the Site Plan/Landscape Plan includes elements that aren’t existing today; he questioned if that were a problem with this approval? Town Planner Whitten indicated the Commission would only be approving the Application being considered tonight, although it is shown on plans that contain more elements than what’s being consider but the Commission can limit the approval to a residential unit above the commercial space. Chairman Ouellette questioned that someone might misconstrue the approval, noting it’s on the plan so……….? Town Planner Whitten replied negatively. Chairman Ouellette suggested the Commission could ask the Applicant to revise the drawings. Discussion followed regarding a comparison to the plans presented for
the previous application vs. those presented for HIFZ proposals vs. those before the Commission presently. The Commission decided to add conditions to specify the approval is limited to the Application before them this evening. Town Planner Whitten suggested the Applicant could remove the additional layers on autocad.
MOTION TO APPROVE the application of owner David Monaco requesting a Special Use Permit for a Residential Unit over Commercial space at 112 Main Street, Broad Brook, Zoned B-1, Assessors Map 22, Block 37, Lot 8A .
Said permit is subject to the following conditions:
CONDITIONS OF APPROVAL
Referenced Plans:
- Site/Landscape Plan prepared for Broad Brook Town Centre Shops and Offices, Main Street, East Windsor, CT, dated 11/29/06, scale 1” = 20”, prepared by
- Connecticut Consulting Engineers, LLC, 1 Prestige Drive, Ste. 110, Meriden CT 06450, 203/639-8636, 203/238-0840 fax
-Conditions which must be met prior to signing of mylars:
1. All final plans submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for preparation of the plans.
2. The conditions of this approval shall be binding upon the applicant, land owners, and their successors and assigns. A copy of this approval motion shall be filed in the land records prior to the signing of the final plans.
Conditions which must be met prior to the issuance of any permits:
3. One set of final plans and one set of mylars, with any required revisions incorporated on the sheets shall be submitted for signature of the Commission. Both sets shall be filed in the Planning and Zoning Department.
Conditions which must be met prior to certificates of compliance:
4. Final grading and seeding shall be in place or a bond for the unfinished work submitted.
5. Final as-built survey showing all structures, pins, driveways and final floor elevations as well as spot grades shall be submitted.
6. All public health and safety components of the project must be satisfactorily completed prior to occupancy. In cases where all public health and safety components have been completed, the Zoning Officer may issue a Certificate of Zoning Compliance provided a suitable bond is retained for any remaining site work.
General Conditions:
7. In accordance with Section 13.5.4 of the Zoning Regulations, any approval of a site plan application shall commence the construction of buildings within one year from the date of approval and complete all improvements within five years of the date of approval, otherwise the approval shall become null and void, unless an extension is granted by the Commission.
8. A Zoning Permit shall be obtained prior to the commencement of any site work.
9. This project shall be constructed and maintained in accordance with the filed
plans. Minor modifications to the approved plans that result in lesser impacts may be allowed subject to staff review and approval.
10. Any modifications to the proposed drainage or grading for the site plan is subject to the approval of the town engineer.
11. Additional erosion control measures are to be installed as directed by town staff if field conditions necessitate.
12. By acceptance of this approval and conditions, the applicant, owner and/or their successors and assigns acknowledge the right of Town staff to periodically enter upon the subject property for the purpose of determining compliance with the terms of this approval
13. Cars may not at anytime be parked in landscaped areas, unless approved as such on the site plan.
14. All required landscaping shall be adequately maintained.
DISCUSSION: For clarification purposes, the final Special Use Permit filing mylar shall only reflect the approved use of 1 – 3 bedroom apartment use over commercial space at 112 Main Street.
Gowdy moved/Saunders seconded/VOTE: In Favor: Unanimous
MOTION: To TAKE A FIVE MINUTE BREAK.
Gowdy moved/Saunders seconded/VOTE: In Favor: Unanimous
The Commission RECESSED at 8:05 P. M. and RECONVENED at 8:13 P. M.
NEW HEARING: David Monaco – Text Amendment to Section 8.1.6 of the Zoning Regulations to allow residential units below the first story in commercial buildings. (Deadline to close hearing 2/13/07):
Chairman Ouellette read the Hearing description. Appearing to discuss this Application was Attorney Thomas Fahey, of Spring Street, Windsor Locks, CT., and the Applicant, David Monaco.
Attorney Fahey reported this Application is for a text amendment to Section 8.1.6 of the Zoning Regulations for the purpose to further develop Mr. Monaco’s property in Broad Brook. The present language of the regulation only allows apartments above, not below, commercial units. There have been a succession of tenants for this property; Mr. Monaco is looking to increase the viability of his property and the downtown area. Attorney Fahey indicated that downtown is pretty developed; this is an infill area. He noted that mixed use of houses and retail has been successful in communities that allow it; Pasco Commons has been referred to throughout the state with regard to the success of combining retail/commercial and residential. This proposal creates different types
of housing opportunities and allows residential above and below and takes advantage of this building’s parking. There is an opportunity here by tweaking the ordinance to not harm the aesthetics, and this will be a benefit to the town via the tax base and the housing types.
Attorney Fahey then reviewed the components of his amended regulation. With regard to Section 8.1.6, the amendment stipulates that the building’s façade would not change. This is so the Commission would not be concerned about muddying up the business enterprises by mixing the residential aesthetics with the businesses. Attorney Fahey suggested with regard to the property under discussion someone wouldn’t know from looking at it from the Main Street facade that there are studio apartments below. Attorney Fahey defined studio apartments as one room units (with kitchen, no other rooms) containing 700 to 750 square feet; each unit will have its separate entrance door and parking at the rear. This proposal still allows commercial units on the street level.
With regard to Section 8.1.6e Attorney Fahey indicated they are not changing the current regulation (Section 10.5) but allowing the Commission to review each application on a case by case basis, and waive the parking requirements by a ¾ vote.
With regard to Section 8.1.6f Attorney Fahey noted that with an established site with existing parking it might be difficult to satisfy the 100 square foot per unit requirement. If the applicant/engineer are able to provide a reasonable alternative this amendment allows the Commission to waive the landscape requirements by a ¾ vote.
Attorney Fahey advised the Commission something similar to this proposal was done in Windsor Locks, but the units were above the retail because the location didn’t lend itself to below grade units. The developer has told him it’s one of his most successful projects. His clientele are single people, young professionals, or retired people who need only a small space and like being able to walk to other locations. With regard to this site they would have access to Broad Brook Pond and the village atmosphere.
Attorney Fahey noted also that East Windsor’s Plan of Development did a study which suggested limiting construction of new apartments. He felt that comment was directed towards undeveloped sites, and was suggested to discourage high density developments. He didn’t feel it was to apply to infill communities or existing properties. Attorney Fahey noted he understood Town Planner Whitten had done a study for the Broad Brook center area which compares the density relationship to the multi-family use. Town Planner Whitten concurred, noting that when taking the area from Route 140 down Main Street the average density is 5.16 units per acre with frontage property. The range of density is 1.8 to 21 with 21 being the apartments on Main Street (Broad Brook
Apartments).
Chairman Ouellette questioned that if the text amendment is approved it would apply to all properties zoned B-1 and B-2? Attorney Fahey replied positively, noting it would apply to all those that qualified. He further noted this proposal falls under a Special Use Permit which gives the Commission the control he feels they need. Although he hasn’t done an inventory he didn’t feel the Commission would see a proliferation of these type of apartments; the property would have to be a site like Mr. Monaco’s with a grade.
Chairman Ouellette questioned why they elected to have waivers on the landscaping and the parking rather than the unit size? Attorney Fahey suggested the minimum is 650 square feet, and their property will be a 750 square foot efficiency. Commissioner Gowdy suggested limiting the size so the apartments could/would not be 2 and 3 bedroom units. Attorney Fahey suggested they are agreeable to a condition that their project be only studio apartments; if the Commission is looking to do a text amendment that restricts basement units to not exceed 750 square feet that’s fine.
Chairman Ouellette suggested this amendment, and the waivers, have far reaching implications. He noted the Commission is not yet at this point in their review of the Zoning Regulation revisions but probably could review this section earlier. He questioned if Town Planner had envisioned changing this section; Town Planner Whitten replied negatively, noting the current revisions are mostly re-formatting. Discussion continued regarding what limitations would be enacted; what would be the cut-off point for size, etc., what would be the maximum amount of bedrooms per unit, would it be limited to units both above and below grade?
Commissioner Guiliano indicated he would be more comfortable if the Commission reviewed the regulations in general; this proposal is specific to this Applicant. Town Planner Whitten suggested this Applicant would like to get this project going. Attorney Fahey reported that Mr. Monaco has an issue with the bank holding the mortgage on the property. He has an obligation to keep a specified level of occupancy; if it falls below that, even if the mortgage is current, the bank has the right to call the mortgage. He must show the mortgage holder he has tried alternatives to meeting the occupancy level.
The Commission continued to discuss square footage restrictions. Commissioner Saunders noted this area of Broad Brook has always been a village; it would be nice to have more people. Chairman Ouellette reiterated this amendment applies to all B-1 and B-2 zoned properties, not only those in Broad Brook. Discussion followed regarding what other properties this amendment would apply to; Adam’s Den has a walk-out basement. Commissioner Saunders noted he has never heard anything negative about Pasco’s Commons; he felt the Commission wanted to do more commercial/residential mixes. It’s been done on that end of town; why not Broad Brook?
The Commission then discussed the need for the waivers. Mr. Porandyi indicated they currently meet parking and landscaping requirements at this site without the waivers. Commissioner Guiliano felt the Commission was trying to get rid of waivers; Town Planner Whitten felt the Commission was trying to be more lenient and give applicants more flexibility. Commissioner Farmer questioned why units below the first floor were left out of the present regulations? Town Planner Whitten felt this opportunity was not there. Commissioner Guiliano noted not a lot of towns/cities allow below ground units. Town Planner Whitten felt that was a building issue and the Building Official has looked at this proposal and didn’t have any issues. Commissioner Guiliano questioned
that it might be a noise issue; Town Planner Whitten suggested safety issues are addressed by the public safety officials. Mr. Monaco described some of the buildings construction, noting it’s fully sprinklered. He recalled that he had previously run the restaurant; you could not hear anything downstairs. Commissioners Guiliano and Matthews cited concerns with the wording of the waivers; Commissioners Gowdy and Saunders felt the Commission had done waivers in the past and they had worked.
Commissioner Matthews queried Attorney Fahey what happens to the assessment with this property going from commercial to residential? Attorney Fahey indicated that commercial property is assessed on its square footage; with this proposal the basement area now would become useable area. Mr. Monaco reported that Specialty Pool and the Karate Studio have moved out; the motorcycle guy was in and out.
Chairman Ouellette queried Commissioner Farmer on his opinion of the waiver language. Commissioner Farmer felt the amendment applied to existing structures and would give people with existing buildings a little help. Town Planner Whitten clarified that a new business could come in with this same proposal. Chairman Ouellette queried the Commissioners for their opinion regarding language revisions. Commissioners Matthews, Gowdy, and Guiliano requested to revise the language to reflect that the units be limited to studio apartments not to exceed 750 square feet; Town Planner Whitten was reluctant to specify a size limit due to the frequency of construction errors; the Commission compromised on 900 square foot units. Chairman Ouellette queried the ability to restrict these units
within existing structures?
Chairman Ouellette queried the audience for comments; no one requested to speak.
MOTION: To CLOSE the Public Hearing on the Application of Text Amendment to Section 8.1.6 of the Zoning Regulations to allow residential units below the first story in commercial buildings.
Saunders moved/Matthews seconded/VOTE: In Favor: Unanimous
MOTION TO APPROVE the application of David Monaco for a Text Amendment to Section 8.1.6 of the East Windsor Zoning Regulations to permit by Special Use Permit residential uses below commercial uses in a B-1 or B-2 zone, along with waiver
provisions for parking and landscaping requirements AS AMENDED BELOW, provided that the front business façade remains unchanged.
Residential units may be permitted above the first story, and provided the units are not exposed as part of the main façade, below the first story in commercial buildings. THOSE UNITS below the first story must be limited to studio apartments not to exceed 900 square feet. APARTMENTS are allowed in commercial buildings, by Special Permit, provided that:
e. Unless specifically waived for a particular application by a three-fourths vote of the commission for existing structures, parking shall be provided in accordance with Section 10.5 of these regulations.
f. Unless specifically waived for a particular application by a three-fourths vote of the Commission for existing structures, there shall be provided on the site landscaped areas with a ration of 100 square feet of landscaped area for each residential unit. Landscaped areas required elsewhere in these regulations shall not be credited for this requirement.
The proposed change shall become effective the day the motion and changes are filed in the Town Clerks Office.
Conditions:
1. A copy of the final motion and text amendment shall be filed in the Office of the Town Clerk by the applicant, which will become the effective date. Said amendment shall bear the signatures of the Chairman and Secretary of the Commission, and the approval and effective date of the amendment.
Gowdy moved/Matthews seconded/VOTE: In Favor: Unanimous
BUSINESS MEETING/(1) Discussion of Zoning Regulations – Definitions:
Continued to Work Session.
BUSINESS MEETING/(2) Correspondence:
Chairman Ouellette acknowledged receipt of the following correspondence:
* Letter from David A. Sawicki of DOT regarding possible traffic congestion internally, and backing up onto Route 5, for the site at 43 Prospect Hill Road presently containing Wendy’s with further development of Taco Bell, Kentucky Fried Chicken, and Rockville Bank.
Town Planner Whitten noted DOT wants to change/narrow the access drive to Wendy’s near Route 5. She recently met with Scott Hesketh of F. A. Hesketh & Associates, and other owners – but not any representatives of Wendy’s – all have agreed to change the right turn only lane proposed for Rockville Bank to now run in front of Taco Bell to give their customers the ability to do a right turn only as well. Chairman Ouellette concurred DOT’s recommendation is to move the lane further to the north so more people have the ability to make a right turn only as
most of the traffic going south is oriented towards the highway. He questioned the status of narrowing Wendy’s entrance? Town Planner Whitten indicated DOT has chosen not to pursue that suggestion/recommendation.
* Letter from Robbin Cabelus of DOT indicating that traffic from Newberry Village will not substantially affect the state highway system in the area.
* Letter from Robbin Cabelus of DOT regarding a reconfiguration of the left turn access on Route 140 for the Mansions at Canyon Ridge.
Chairman Ouellette recalled that the plans originally showed a widening of Route 140 but DOT is now requiring a full lane to pass on the right at full speed. Either way would require the widening of Route 140.
Commissioner Gowdy noted when the Commission approved Insurance Auto Auction on Newberry Road the salvage parking spots were to only be filled up briefly; vehicles are bursting at the seams at this operation. Commissioner Guiliano concurred the site is more like a junkyard. Commissioner Gowdy requested to see the original conditions of approval.
Chairman Ouellette queried if the Commission would be seeing a Site Plan for the property on the right side of Newberry Road near Baran Institute? Town Planner Whitten indicated the Noble property has recently been purchased by Steve Dearborn. He has been clearing trees, etc. and is impacting wetlands. Town Planner Whitten indicated he is claiming an agricultural exemption, and claims he is going to clear cut, grade, and farm the property. She reported many staff members are trying to work with him to resolve the issues.
BUSINESS MEETING/(3) Staff Reports:
Nothing additional; see previous discussion.
APPROVAL OF MINTUES: November 14, 2006 and December 12, 2006:
MOTION: To ACCEPT the Minutes of Public Hearing #1496 dated December 12, 2006 as amended:
Page 3, BUSINESS MEETING/(1) Fines Ordinance: “The Commission supported Selectman Filipone’s proposal; Town Planner Whitten will ultimately/eventually write a letter of support to the Board of Selectmen.”
Page 8, BUSINESS MEETING/(4) Correspondence: “Town Planner Whitten advised the Commission that once again the Legislature has changed their mind as to which agency should be responsible for approval of motor vehicle dealers licenses. Last year they had passed that responsibility on to the PZC; this year
they are returning it to the Zoning Board of Appeals because East Windsor is a town with a population of less than $20,000. 20,000.
Gowdy moved/Saunders seconded/VOTE: In Favor: Unanimous
MOTION: To ACCEPT the Minutes of Public Hearing #1494 dated November 14, 2006 as written.
Gowdy moved/Saunders seconded/VOTE: In Favor: Unanimous
SIGNING OF MYLARS/PLANS: None.
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 9.40 P. M.
Gowdy moved/Saunders seconded/VOTE: In Favor: Unanimous
Respectfully submitted,
Peg Hoffman, Recording Secretary, East Windsor Planning and Zoning Commission
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