MEMBERS PRESENT: Walter Mealy, Marshall Montana, Louise Evans, Sue Larsen, Tim Wentzell, Kevin McCann, Patricia Porter
ALTERNATES PRESENT: Doug Manion, Roger Cottle, Patrick Kennedy
STAFF PRESENT: Marcia Banach, Director of Planning
SPECIAL MEETING
Chairman Mealy called the meeting to order at 7:30 p.m.
ITEM: New Business
Appl 00-01P, Redland Brick, Inc., earth removal permit, phase 1 & 2, northerly of Strong Rd. and easterly of Rte. 5, I and RR zone
Commissioner Manion sat for Commissioner Evans.
Motion to approve with conditions was made by Commissioner Montana and seconded by Commissioner Larsen.
1. Prior to commencement of any site work, a meeting must be held with Town Staff.
2. This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission.
3. All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
4. This permit is valid for a period of two years. The permit expiration date is February 28, 2002. The permit must be renewed prior to expiration if removal operations are to continue.
The motion passed, and the vote was unanimous.
Chairman Mealy introduced Planning and Zoning’s new alternate, Patrick Kennedy, and welcomed him to the commission.
Preliminary discussion re Rapid Action (Paintball)
Ivan DeJesus was present to get feedback from the commission regarding his desire to open a paintball facility in South Windsor. Mr. DeJesus is interested purchasing property located on John Fitch Blvd. and asked if this site was appropriate for such use.
The Commissioners had the following questions/concerns:
Commissioner Evans asked who would maintain the fields?
Mr. DeJesus responded that the owner maintains the fields.
How much land do you need?
9 -10 acres.
Commissioner Montana asked if there are any structures on this site?
Yes, there is a building located on site.
Do you plan to use the building?
Yes, it would be turned into a pro shop and indoor arena for winter use.
How do you regulate the paintballs so they don’t travel off site?
The paintballs travel about 150 ft. so signs will be posted 150 ft. from the boundary line.
Commissioner Evans inquired what kind of environmental damage the paintballs might have?
The paintballs are filled with a jelly like substance and are not harmful to the environment.
What ages is this sport for?
10 years and older.
Commissioner Montana noted there are wetlands on this site, which might make the site inappropriate for this activity.
Commissioner Porter inquired if this sport is played only during the summer months?
In the summer it is played outside; in the winter play is moved to the inside.
A discussion ensued on the appropriateness of this type of activity both in the Industrial zone and in South Windsor. Commissioners were concerned about impacts to adjacent residents from the weekend noise, possibility of paintballs projected off-site, and general appearance of the site since the activity utilizes such items as wood and old tires to construct bunkers. Chairman Mealy informed Mr. DeJesus that this particular site wouldn’t be appropriate for such use since it does abut a residential zone. He suggested Mr. DeJesus might want to look at other towns for this business.
Ronald Martin/Colony Shops – review of buffer request at Colony Shops (942-968 Sullivan Avenue)
Ron Martin, owner of Colony Shops, attended the meeting for discussion on improving the buffer located behind the Colony Shops. There is an existing stockade fence that is in an extreme state of disrepair. Mr. Martin informed the commission that he would like to plant pine trees in lieu of replacing the stockade fence.
Chairman Mealy asked when the fence had last been replaced? Mr. Martin replied 1985.
Marcia Banach reviewed the history of this site. This site originated in the early 1970’s at which time a fence was required. The fence fell into extreme disrepair in the 1980’s and was repaired at that time. The repairs and fence are now extremely dilapidated.
Banach’s concern is with replacing the fence, which for the most part has been a visible barrier, with 4ft. high trees, which will not provide an adequate visible barrier for a long time. She suggested Martin plant the 4ft. trees and also install a fence. This ensures a buffer is in place when the fence falls into disrepair in the future.
Mr. Martin stated that trees had been planted and a fence originally installed with the understanding that the neighbors would maintain it. He is sympathetic to the neighbors’ concern and would like to come to an agreement they both can live with.
Chairman Mealy informed the commissioners that he has looked over Colony Shops and thinks action needs to be taken to improve the buffer and associated problems, i.e. flies, odor and litter. Mr. Mealy agreed with M. Banach that 4ft. trees alone will not be an adequate buffer.
Commissioner Evans said that this site has had many problems throughout the years and the buffering is and has been inadequate.
Public participation:
John Rose, 32 Hillside Drive, abutter to the Colony Shops, expressed his displeasure with the present situation and believes that trees alone will not be sufficient.
Commissioner Montana asked Mr. Rose if he had any space on his property where he could plant trees to provide buffering. Mr. Rose stated he has planted locust trees and pine trees on his property. Mr. Rose also said there is a brook running through the abutting properties, which may hinder the residents from planting trees on their own property.
Mr. Martin stated that he is willing to install a chain link fence with vinyl slats for visual buffering.
Stanley Zalegowski, 26 Hillside Drive, voiced concern with inadequate buffering, noise, garbage and flies associated with this site.
Commissioner Montana suggested the commission consider moving the location of dumpsters. This might alleviate the fly and smell problem.
A discussion ensued on which style of fence should be installed. Commissioner McCann suggested using 6ft. stockade fence, and metal posts instead of the traditional wood posts. This would solve the problem of rotting posts.
A letter was read into the record regarding Colony Shops. Exhibit 1.
It was decided that this matter be continued until March 7, 2000. This will give Mr. Martin time to investigate at the type of fences available. Chairman Mealy suggested that the commissioners go and check the current situation.
4. Discussion with Jeff Folger, Zoning Enforcement Officer and Town Attorney, Barry Guliano re fines for zoning violations
Town Attorney, Barry Guliano and Zoning Enforcement Officer, Jeff Folger attended to discuss instituting fines for zoning violations.
The commission had reviewed the proposed ordinance for instituting fines several months ago. Exhibit 2.
Attorney Guliano stated that South Windsor does have the option of passing an ordinance to fine for zoning violations. Although this will not alleviate all violations occurring it would solve most of them. The difficult cases would most likely be resolved in court.
Chairman Mealy stated the commission has been reluctant to proceed with fining since most people are complying, and there are relatively few infractions.
A discussion ensued on fining procedure and how much to fine for zoning violations and different procedures that might be used. Attorney Guliano reviewed the “Procedure” list for citations issued. Exhibit 3. The best answer is if we can resolve occurrences amicably.
Attorney Guliano suggested that he and Folger continue to work together on this. And Chairman Mealy asked for volunteers to work with the two. Commissioners’ Porter, McCann and Larsen volunteered.
Chairman Mealy then congratulated Jeff Folger, Zoning Wetlands Enforcement Officer, on the award he received for “Wetlands Officer of the Year”. He thanked the commission and stated he believes that instituting fines is another positive tool to use against violators who won’t comply with a cease and desist notice.
Folger also commented that fining violators was not likely to be misused since the statute provides for treble damages if an enforcement officer is found guilty of frivolous fines. The States has taken care to see that zoning officials don’t misuse this means of action.
Appl 99-84P, Quail Hollow, private access for retirement community on parcel located in adjoining town of Vernon off of Trumbull Lane, southerly of Dart Hill Rd., A-30 zone
Commissioner Cottle sat for Commissioner Evans. Chairman Mealy stated that although he wasn’t at the public hearing he did listen to the tapes.
Motion to deny was made by Commissioner McCann seconded by Commissioner Porter
The reasons for the denial are as follows:
The applicant’s traffic study did not prove that traffic impacts would be minimal due to non-consideration of interconnected subdivision streets and presumption of no left turns onto Trumbull Lane.
The impact to the surrounding development, Trumbull Lane, Partridge Meadow and Chase Orchard areas would be negative and would create a potentially dangerous traffic environment.
Property values would decrease along Trumbull Lane.
The applicant did not prove that the proposed access from Trumbull Lane was the most appropriate access; the applicant’s concept plan showed a public road in Vernon from Dart Hill Road that would be in close proximity to the subject development.
The motion passed, and the vote was unanimous.
ITEM: Other Business
Cupid Diaper
A meeting with and tour of the Cupid Diaper facility with the neighbors is planned. Possible dates given were March 9, 10, and 15. Commissioner Larsen will inform the commissioners of the scheduled date.
Access Management
The access management subcommittee has met, and a draft of proposed access management regulations will be forthcoming from Banach for future discussion and public hearing.
Town Center Walkway Committee
Mealy indicated that discussions among the property owners in the town center area are progressing nicely.
ITEM: Adjournment
Motion to adjourn the meeting at 10 p.m. was made by Commissioner Larsen and
seconded by Commissioner Kennedy. The motion passed, and the vote was unanimous.
Respectfully submitted,
Deborah Lynn Wark
Recording Secretary
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