TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION
Public Hearing #1540
January 13, 2009
***** Draft Document - Subject to Commission Approval *****
The Meeting was called to order at 7:00 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT. by Chairman Ouellette
ESTABLISHMENT OF QUORUM:
A quorum was established as five Regular Members (Devanney, Farmer, Gowdy, Ouellette, and Thurz) and one Alternate Member (O’Brien) were present. All Regular Members were present; Alternate members Matthews and Tyler were absent. Chairman Ouellette noted all Regular members would sit in on all Items of Business this evening.
Also present was Town Planner Whitten.
ADDED AGENDA ITEMS: None.
RECEIPT OF APPLICATIONS:
Chairman Ouellette noted receipt of the following Applications:
1) Application of East Windsor Housing LTD, LLC for a 6-lot resubdivision and Special Use Permit/Modification of approved Site Plan for property located on Farms Road (Meadow Farms) to change from 8 residential lots and 40 active adult units to 14 residential lots and 29 active adult units. [R-2 Zone; Map 23, Block 53, Lot 14-9].
2) Application of Gina Scully for a Special Use Permit to allow an accessory apartment for property located at 31 Church Street, owned by Carol Barone. [R-2 Zone; Map 22, Block 37, Lot 22A].
LEGAL NOTICE:
The following Legal Notice, which appeared in the Journal Inquirer on Thursday, January 1, 2009, and Thursday, January 8, 2009, was read by Chairman Ouellette:
1) Application of East Windsor Housing LTD, LLC for a 6-lot resubdivision and Special Use Permit/Modification of approved Site Plan for property located on Farms Road (Meadow Farms) to change from 8 residential lots and 40 active adult units to 14 residential lots and 29 active adult units. [R-2 Zone; Map 23, Block 53, Lot 14-9].
2) Application of Gina Scully for a Special Use Permit to allow an accessory apartment for property located at 31 Church Street, owned by Carol Barone. [R-2 Zone; Map 22, Block 37, Lot 22A].
CONTINUED HEARING: Daniel M. Bell - 1-lot subdivision and Special Use Permit/Rear Lot at 228 Scantic Road, owned by Eileen Bell. [A-1 Zone; Map 34, Block 22, Lot 27] (Deadline to close hearing extended to 1/22/09):
Chairman Ouellette noted the Statutory time limit for this Application has run out; the Applicant has not yet received approval from the North Central Health District. Chairman Ouellette suggested the Commission Deny the Application without Prejudice.
MOTION: To DENY WITHOUT PREJUDICE the Application for a 1-lot subdivision and Special Use Permit/Rear Lot at 228 Scantic Road, owned by Eileen Bell. [A-1 Zone; Map 34, Block 22, Lot 27].
Gowdy moved/Devanney seconded/VOTE: In Favor: Unanimous
MOTION: To GO OUT OF ORDER and hear Items of Business in the following order: VII, OLD BUSINESS: ZP Group, LLC - 22-lot subdivision (Harvest View Estates) located at East and Middle Roads, owned by Fred Spielman, Jr. [R-3 Zone; Map 37, Block 38, Lot 2].; VI, NEW HEARING: East Windsor Housing LTD, LLC - 6-lot resubdivision and Special Use Permit/Modification of approved Site Plan for property located on Farms Road (Meadow Farms) to change from 8 residential lots and 40 active adult units to 14 residential lots and 29 active adult units. [R-2 Zone; Map 23, Block 53, Lot 14-9]; and VI, NEW HEARING: Gina Scully - Application for a Special Use Permit to allow an accessory apartment for property located at 31 Church Street, owned by Carol Barone. [R-2 Zone; Map 22, Block 37,
Lot 22A].
Gowdy moved/Devanney seconded/VOTE: In Favor: Unanimous
OLD BUSINESS: ZP Group, LLC - 22-lot subdivision (Harvest View Estates) located at East and Middle Roads, owned by Fred Spielman, Jr. [R-3 Zone; Map 37, Block 38, Lot 2]. (Deadline for decision 2/12/09):
Chairman Ouellette read the description of this Item of Business. Appearing to discuss this Application was David Palmberg, of William R. Palmberg & Son, LLC; and Greg Patchect.
Mr. Palmberg described the proposal as an Application for a 22-lot subdivision to be located on the east side of East Road and the north side of Middle Road. They are proposing a cul-de-sac roadway (to be know as Jesse Lane) coming into the subdivision from East Road. The lots will be serviced by septic systems and public water coming in from Ellington. Mr. Palmberg indicated they considered a Planned Residential Development but found that layout unsuitable due to the length and size of the septic systems required. They are proposing a Landscape Plan to add more mature vegetation to what is now a large agricultural area.
Mr. Palmberg recalled that considerable discussion occurred at a previous meeting concerning sidewalks vs. Fee-In-Lieu-Of sidewalks. They are proposing sidewalks on the south side of Jesse Lane, the East Road frontage, and turning the corner onto Middle Road.
Mr. Palmberg reported they are also requesting a waiver for street lights along East Road as none presently exist. They are proposing three street lights along Jesse Lane, one on the corner of Jesse Lane and East Road, a second approximately two-thirds of the way down Jesse Lane, and one at the end of the cul-de-sac. The lamps would be installed on 11 1/2’ poles.
Mr. Palmberg indicated he has received comments under memo dated 12/23/2008 from Town Engineer Norton which he has addressed. The plans have been revised accordingly. A second memo dated 1/12/2009 was received from Town Engineer Norton; Mr. Palmberg suggested the comments/recommendations were editorial in nature and are minor. Mr. Palmberg reported discussion continues between Town Engineer Norton and the Ellington Town Engineer regarding the outfall pipe proposed in the detention pond which is located in Ellington. The Ellington Town Engineer is proposing that the outfall pipe be maintained by East Windsor.
Mr. Palmberg reported he has also received comments from Town Planner Whitten which involve the following: The subdivision is surrounded by active farmland, therefore notes should be added to each parcel on the final subdivision plans noting the proximity of the farmland and describe possible farming operations; 2) the existing barn on lot 11 can be used for storage but not used to house animals; and 3) A note should be placed on each parcel on the final subdivision plan regarding the Fee-In-Lieu-Of open space.
Chairman Ouellette suggested he is reluctant to approve this Application due to the unresolved issues with Ellington regarding the drainage pipe. Mr. Palmberg suggested the agreement could be a condition of approval; Mr. Patchect concurred. Discussion followed regarding continuing meetings between Town Engineer Norton and Ellington’s Town Engineer, the involvement of attorneys to execute the agreement, and the delay these meetings have caused regarding approval of this subdivision. Chairman Ouellette questioned if there were alternative design options planned if agreement can’t be reached? Mr. Palmberg replied negatively. The Commission favored the Applicant continuing to work to resolve the maintenance agreement. Town Planner Whitten concurred.
Chairman Ouellette returned discussion to the issue of sidewalks. He questioned the rationale for proposing sidewalks along the southside of the unimproved/unpaved East Road? Mr. Palmberg suggested he proposed the sidewalks to comply with the Subdivision Regulations, and Town Planner Whitten had felt East Road was an area that needed sidewalks. Commissioner Gowdy indicated he was not in favor of sidewalks on (unpaved) East Road; he would prefer to take the Fee-In-Lieu-Of sidewalks. Commissioner Devanney felt the regulation requirement should be imposed and not waived; she also felt sidewalks would be beneficial for children and the elderly walking in that area. Chairman Ouellette noted sidewalks are also being proposed for the north side of Middle Road, which currently lacks
sidewalks at all. Commissioner Devanney indicated she would like to see sidewalks on Middle Road as well, as it’s a highly traveled road. Chairman Ouellette felt sidewalks should be part of a network; the Applicant is proposing a subdivision in the middle of a farm field. Commissioner Farmer favored sidewalks; Commissioner O’Brien suggested 20 years from now the open patches will be subdivisions and East Road will be paved some day. If the sidewalks weren’t installed now they you would be digging up someone’s front yard. Commissioner Farmer noted at that time installation of sidewalks would be at the cost of the town. Commissioner Thurz favored sidewalks as well. Chairman Ouellette summarized that the majority of the Commission favored sidewalks along East Road frontage and along the corners turning onto Middle Road.
The Commission reviewed the proposed lighting for Jesse Lane again. The majority of the Commission preferred installation of an additional light pole closer to the middle of the interior roadway.
MOTION: To CONTINUE the Application of ZP Group, LLC for a 22-lot subdivision (Harvest View Estates) located at East and Middle Roads, owned by Fred Spielman, Jr. [R-3 Zone; Map 37, Block 38, Lot 2] until the Commission’s next regularly scheduled meeting on January 27, 2009, at 7:00 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.
Devanney moved/Gowdy seconded/VOTE: In Favor: Unanimous
NEW HEARING: East Windsor Housing LTD, LLC - 6-lot resubdivision and Special Use Permit/Modification of approved Site Plan for property located on Farms Road (Meadow Farms) to change from 8 residential lots and 40 active adult units to 14 residential lots and 29 active adult units. [R-2 Zone; Map 23, Block 53, Lot 14-9]. (Deadline to close hearing 2/17/09):
Chairman Ouellette read the Hearing description. Appearing to discuss this Application was Jason Ziegler, representing the Applicant; and David Annino, Land Surveyor.
Mr. Ziegler reported that they have received Inland/Wetlands approval as there are no wetlands changes in regulated areas with regard to this modification. The original approval was for a mixed subdivision containing a 40 lot Active Adult Subdivision along Acorn Drive (which is a private association road) and 8 residential lots on Farms Road (which is a town road). A connector road had been proposed between Acorn Drive and Farms Road. They are now proposing to reduce the Active Adult component to 29 lots along Acorn Drive, eliminate the connector road between Acorn Drive and Farms Road, and add an additional 6 residential lots on Farms Road. Acorn Drive would remain a private association cut off from Farms Road; Farms Road would then contain a total of 14 residential lots. They are proposing
a wooden stockade fence and a row of arborvitae to separate the two subdivisions.
Town Planner Whitten indicated on her memo dated 1/6/2009 several areas requiring additional information. The following issues were noted:
* A minimum of 50% open space is required for the Active Adult development; the Applicant needs to show how they comply with that requirement.
* Architectural Drawings, and a schedule of exterior construction materials and colors need to be submitted for review; Mr. Annino suggested he is submitting same with the revised plans.
* Location of light post and details must be submitted. Mr. Annino suggested the location of the light posts were approved during the previous application. The poles have already been installed, although they may need to move one on the corner of Acorn Drive and Farms Road.
* Two street trees are required for each residential lot; a landscaping plan must be submitted for review. Mr. Annino suggested the street trees are shown on the revised plan; they are keeping the same landscaping plan from the previous application but will modify it to comply with the different configuration of houses. Mr. Annino indicated the water feature shown on the previous plan has now become a gazebo.
* Proposed signage should be approved with this application. Mr. Annino suggested there is no change in signage from the previous application.
Town Planner Whitten continued to review 26 items which are currently outstanding with regard to the revised plans. She noted that statutorily both plans - the Special Use Permit Application, and the Subdivision Application - must be filed separately; the items referenced must be shown on the revised plans being submitted for the Site Plan modification. The Active Adult requirements are very specific; Town Planner Whitten suggested the Commission must have clear plans available for review. Mr. Ziegler suggested the have shown the changes. Town Planner Whitten reiterated the Applicant must file completed documents for their proposal.
Discussion continued on the following items:
* Mr. Ziegler indicated a wood stockade fence is proposed to be located on the residential side of the project; the fence is to be maintained by the residential owners. Arborvitae are proposed on the residential side of the lots as well. The Commission suggested wood deteriorates quickly and becomes unsightly; they requested vinyl fencing as a substitute. Mr. Ziegler indicated they were open to discussion. Town Planner Whitten suggested that if the fencing is placed on the residential lots those homeowners have the right to take it down at any time. She suggested the fence should be on the association side to maintain control. The same would apply to the placement of the arborvitae.
* Chairman Ouellette noted the Commission had asked about the feasibility of a sidewalk on Depot Street. Mr. Ziegler suggested it’s a grading issue; the area requested is a 2:1 grade. Chairman Ouellette concurred with regard to the public right-of-way but suggested there is a flat shelf inside that area that could be considered for a sidewalk.
* Chairman Ouellette questioned emergency access to replace the connector road. Mr. Ziegler indicated Acorn Drive will be a closed association road, as is Hillside Farms. Chairman Ouellette questioned the rationale; Mr. Ziegler indicated the reconfiguration allows them to get the most units from this site. Chairman Ouellette questioned that the postman must go out to Depot Street to access either street? Mr. Ziegler suggested the people occupying the association want to be in a closed subdivision. Chairman Ouellette questioned who would maintain the emergency access? Mr. Ziegler suggested the emergency access is to serve both areas but the way the location falls the homeowners (Active Adult) association would be responsible for maintaining
the “stub”.
* The issue of internal sidewalks was raised. Mr. Ziegler indicated they are proposed for the east side of Farms Road and the east side of Acorn Drive, but are not constructed yet. Chairman Ouellette requested clarification that the Applicant was proposing no connectivity for vehicles or pedestrians? Mr. Ziegler replied they were not proposing any connectivity.
Chairman Ouellette opened discussion to the audience.
Mr. Demers, 11 Acorn Drive: indicated they brought into a community with an idea of what they wanted to live in, with a certain house plan, now that is changing. Mr. Demers didn’t feel the area will have the same appeal; the homes will loose property values. He is concerned with the stockade fence; he doesn’t want the association to be responsible for the maintenance. Mr. Demers suggested he has been involved in associations before; these issues become sticky. He felt the plans as originally proposed should continue.
Laura Rossingnol, 18 Farms Road: would like the sidewalk on Depot Street as she walks every evening. She cited she walks up Skinner Road, which is dangerous.
Brian Savoy, property manager for Hillside Farms (Active Adult Development next door): questioned why the residential units are tied into the 55 and over (Active Adult) which is private, and why it’s tied to Hillside Farms and the German Club; why isn’t it capped off? Mr. Savoy suggested the 55 and over units have a maximum number for occupancy while the residential units are unlimited. Mr. Ziegler suggested those were questions for the Water Pollution Control Authority (WPCA) to answer. Mr. Savoy reported he had spoken with Kevin Leslie of the WPCA who told him to come to the PZC meeting. Mr. Ziegler suggested the sewer stopped at the German Club; an agreement was made to extend it for the future subdivisions. The agreement was in place before Hillside
began construction. Mr. Savoy questioned how it was acceptable to have the residential units tied into the Active Adult community? Chairman Ouellette and Town Planner Whitten both indicated the WPCA must address those questions; the Applicant must meet with the WPCA to clarify those issues.
Barbara Zabrowlinski, 26 Hillside Farms: Mrs. Zabrowlinski questioned if the people from this development would have access to the walking trail at Hillside Farms? Mr. Ziegler indicated the Hillside Farms walking trail runs around the subdivision; this development will have one also. Mrs. Zabrowlinski questioned if residential units would be constructed on Acorn Drive? Mr. Ziegler replied negatively, noting her house would back up to the 55 and over units. Mrs. Zabrowlinski questioned the sewer connection between both developments? Mr. Ziegler reiterated suggested the original plans for Hillside Farms showed the sewer connection; the sewer easements were established long before Hillside Farms or Meadow Farms were constructed.
Tom Defore, 20 Farms Road: indicated he purchased property directly across from Acorn Drive for the following reasons: 1) because there is a ravine behind his property; 2) there was the connection to the Active Adult development; 3) the connecting road to Acorn Drive was attractive to him; and 4) the neighbors in both communities keep an eye on each other. Mr. Defore indicated he didn’t like the fence because it’s cutting everything off; he felt it isn’t good for the flow of the neighborhood.
Chairman Ouellette advised the residents the Hearing would not be closed this evening.
MOTION: To CONTINUE the Public Hearing on the Application of East Windsor Housing LTD, LLC for a 6-lot resubdivision and Special Use Permit/Modification of approved Site Plan for property located on Farms Road (Meadow Farms) to change from 8 residential lots and 40 active adult units to 14 residential lots and 29 active adult units. [R-2 Zone; Map 23, Block 53, Lot 14-9] until the Commission’s next regularly scheduled meeting on January 27, 2009, at 7:00 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.
Devanney moved/Gowdy seconded/VOTE: In Favor: Unanimous
MOTION: To TAKE A FIVE MINUTE BREAK
Devanney moved/Gowdy seconded/VOTE: In Favor: Unanimous
The Commission RECESSED at 8:35 p.m. and RECONVENED at 8:45 p.m.
NEW HEARING: Gina Scully - Application for a Special Use Permit to allow an accessory apartment for property located at 31 Church Street, owned by Carol Barone. [R-2 Zone; Map 22, Block 37, Lot 22A]. (Deadline to close hearing 2/17/09):
Chairman Ouellette read the Hearing description. Appearing to discuss the Application was Tim Fortune, representing Gina Scully and Carol Barone. Mr. Fortune indicated the proposal is to enclose the existing garage for an accessory apartment for Carol Barone.
The Commission and the Applicant clarified the following issues:
* the unit itself must not exceed 35% of the total above ground floor area of the primary dwelling. Gina Barone clarified that the existing dwelling contains 1,593 square feet of living space without the garage; the apartment will contain 624 square feet. Calculation determined the apartment would be 67 square feet over the permitted area, bringing the unit to 39%; a waiver will be sought for the proposed size.
* occupants shall be family or extended family members, related by blood, marriage or adoption, with no more than 2 occupants. It has been clarified that Carol Barone is the mother of Gina (Barone) Scully.
* the entrance may not face the street. The entrance door will be on the left side/wall of the existing garage - not facing the street. It was noted there is a common room between the living space of the main dwelling and the garage; Mrs. Barone can access the main dwelling through that common room.
Chairman Ouellette questioned the availability of parking? Mr. Fortune indicated the existing driveway is 26’ x 80’; there is ample parking for 8 cars.
Chairman Ouellette noted the roof line of the garage won’t change; you wouldn’t be able to tell from the street that the apartment exists. The application meets the intent of the regulation.
MOTION: To CLOSE the Public Hearing on the Application of Gina Scully for a Special Use Permit to allow an accessory apartment for property located at 31 Church Street, owned by Carol Barone. [R-2 Zone; Map 22, Block 37, Lot 22A].
Devanney moved/Gowdy seconded/VOTE: In Favor: Unanimous
MOTION: To MODIFY the requirements of Section 407.1g - which states the unit itself shall not exceed 35% of the total floor space of the primary and secondary floor space combined - to allow up to 39% of the total floor space of the primary and secondary floor space combined which is permitted under Section 407.10 which states the Commission can modify in accordance with Section 301.2
Gowdy seconded/Devanney moved/VOTE: In Favor: Unanimous
MOTION TO APPROVE the Special Use Permit application of Gina Scully and owner Carol Barone for a Special Use Permit to allow an accessory apartment in accordance with Section 407 of the Zoning regulations at 31 Church Street, in the R-2 Zone [Map 22, Block 37, Lot 22A]. This approval is granted subject to conformance with the referenced plans as approved by the Commission and the following conditions:
Floor Plans and elevation drawing, hand
NOT SEALED, OR SIGNED
CONDITIONS
Conditions that must be met prior to the issuance of any permits
1. North Central District Health Department shall review and approve the plans for the proposed septic system design and well location to insure adequate capacity for the additional occupancy.
Conditions that must be met prior to certificates of compliance
2. All public health, safety and building code compliance components of the project must be satisfactorily completed prior to occupancy. When all public health, safety and building code compliance components have been completed, the Zoning Official may issue a Certificate of Zoning Compliance.
3. A notarized affidavit in a form acceptable to the PZC, signed by the owner of one of the one family dwelling affirming the intent that either the principal or accessory dwelling unit is to be occupied by the owner of the premises shall be required. Affidavit shall be filed on the land records. The ZEO may request renewed notarized affidavit at 1 year intervals.
General Conditions
4. A certificate of zoning compliance shall be filed on the land records and will be automatically expire with change of ownership. New owners must apply for a new zoning permit, otherwise the use will be considered abandoned.
5. No additional Mailbox is allowed.
6. No additional entrances may be allowed on any wall plane facing any street.
7. Zoning Permit shall be obtained prior to the commencement of any work.
8. A Building Permit shall be obtained prior to the commencement of any work.
9. This project shall be constructed and maintained in accordance with the referenced plan. Minor modifications to the approved plans that result in lesser impacts may be allowed subject to staff review and approval.
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. The applicant hereby acknowledges concurrence with the provision of §407 of the East Windsor Zoning regulations in total and in doing so recognizes the authority of the Zoning Enforcement Officer to order removal and conversion of the accessory apartment as allowed by §407
Gowdy moved/Devanney seconded/VOTE: In Favor: Unanimous
BUSINESS MEETING/(1) CBA Education and Training Seminar - Connecticut Land Use Law for Municipal Land Use Agencies, Boards, and Commission, Saturday March 28, 2009:
Commissioners were requested to advise the Planning Office if they wish to attend this seminar.
BUSINESS MEETING/(2) Fee Schedule (tabled):
BUSINESS MEETING/(3) Hemlock Court Sewer Service:
Town Planner Whitten summarized that this subdivision is under a lawsuit because the gravel pit was dug too deep; the developer can’t put in septic systems because no native soil remains. The existing soils are inadequate to take septic systems. The Commission previously wrote to the State to request that the subdivision could tie into the Quarry Meadows subdivision. OPM is now asking if a public hearing should be held on the slight expansion of the sewer service area.
Town Planner Whitten indicated that to not finish the subdivision was defeating the planning perspective. The consensus of the Commission was that OPM does not need to hold a public hearing. Town Planner Whitten will advise OPM, although OPM could return that request down.
BUSINESS MEETING/(4) Correspondence: None.
BUSINESS MEETING/(5) Staff Reports:
Chairman Ouellette questioned if the Commission would consider changing the bylaws to change the order of business for meetings. His proposal would be to take Old Business first to clear up those items, then take Continued Public Hearings, followed by New Public Hearings. The Commission concurred with Chairman Ouellette’s recommendation.
APPROVAL OF MINUTES/December 9, 2008:
MOTION: To APPROVE the Minutes of Public Hearing #1539 dated December 9, 2008 as written.
Gowdy moved/Devanney seconded/VOTE: In Favor: Unanimous
SIGNING OF MYLARS/PLANS, MOTIONS:
* Southern Auto Auction, inventory holding area.
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 9:16 p.m.
Gowdy moved/Devanney seconded/VOTE: In Favor: Unanimous
Respectfully submitted,
________________________________________________________________
Peg Hoffman, Recording Secretary, East Windsor Planning and Zoning Commission
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