MEMBERS PRESENT: Walter Mealy, Marshall Montana, Louise Evans, Tim Wentzell, Sue Larsen, Patricia Porter
ALTERNATES PRESENT: Patrick Kennedy sat until Montana’s arrival; Roger Cottle sat for Kevin McCann
STAFF PRESENT: Michele Lipe, Assistant Director of Planning
PUBLIC HEARING
Evans read the legal notice as published in the Journal Inquirer. Chairman Mealy appointed Cottle to sit for McCann and Kennedy sat until Montana’s arrival at 7:55 p.m.
Appl 01-01P, Lanza, Resubdivision and Special Exception to Article 4.6.1, to create a new interior lot, 57 Bourbon St., RR Open Space zone
Attorney Michael Lanza, property owner, and Emil Lucek, engineer for the project, were present. Attorney Lanza was before the commission approximately five months ago proposing the interior lot. He explained the reason for the delay was to resolve wetland issues and was unable to because of the weather. The IWA/CC approved the application on 5/2/01.
Attorney Lanza briefly reviewed the site. All regulations are met. The 80,000 sq. ft. lot has both sewer and city water available. A natural buffer exists between the existing house and the proposed new house.
Mealy inquired as to the sight line? Attorney Lanza answered that there are adequate sight lines at the driveway entrance. Mr. Lucek stated that the town engineer had asked for a sight line of at least 237ft. and that is what is shown on the plans.
The commission had previously suggested that the driveway be widened to accommodate two cars. Attorney Lanza answered that the driveway could be widened to 18-19ft, but any wider than that would interfere with the lighting that runs along the driveway.
Lipe reviewed the Planning Department report:
Request for approval of a Special Exception for an interior lot and subdivision for property located at 57 Bourbon Street, RR open space zone. There is an existing house and the applicant is proposing to cut out one house lot.
The requirements for the interior lot in the RR include: include 80,000 sf minimum lot size and 262.5 feet minimum lot width. The proposed interior lot would be over 80,324 sf size and approximately 263 feet in width. The remaining lot with the existing house would be just over ½ acre.
Access to the interior lot is proposed to be over the existing driveway at 57 Bourbon Street. The driveway servicing the new interior lot will include a turn-around driveway.
It appears that all other zoning requirements have been met.
1. The interior lot will be serviced by public sewer and public water. WPCA approval is required. A manhole is required at the intersection of the sewer laterals.
2. There are regulated wetlands on the new lot, and the applicant was approved by the IWA/CC on 5/2/01 with no unusual approval conditions. There is no 100-year floodplain.
3. The criteria for approval of interior lots include:
the subject area’s boundary configurations, topography, soils or other natural resource characteristics;
proximity to neighboring properties and dwelling units;
restriction of existing views;
proposed buffering/screening;
potential drainage, traffic & environmental impacts
driveway locations, slopes & sight lines
utility service capabilities
property value impacts; and
future land use alternatives.
4. There is no screening proposed between the existing house and the proposed interior lot, however it is a wooded area and the applicant has indicated is desire to take down as few trees as possible.
5. The Commission may want to require the applicant to flag the trees to be removed in the filed prior to cutting.
The Planning Dept. requests the following modifications to request:
grantor and grantee should be more defined on easements
zoning data table for the conventional lot (and how lot meets requirements) must be shown
rear yards should be shown coincident with the conservation easement
She also reviewed the Town Engineer’s comments in his absence.
“We have reviewed the drawings dated 12/28/00 for the proposed Lanza Resubdivision and have the following comments:
The existing sanitary cleanout should be replaced with a sanitary manhole with the lateral to the proposed house connected to this manhole.
Based on the proposed grading, the proposed house will have very little area graded flat enough for a “lawn area”.
The proposed grading should be a maximum of 4:1 slope.
The minimum sight distance for a shared driveway on a 35 mph road is 285 feet. Only 237.5 is provided.”
There was no public participation.
The commission had the following questions:
Manion commented that the entire driveway might not need to be widened just the first 10ft. or so from the road.
Attorney Lanza responded he would do whatever the commission wants.
Does the current driveway abut the existing open space?
Attorney Lanza responded no.
Wentzell commented that he didn’t see the need for cars being able to pass on the driveway, but the first 30ft should be a double lane.
Porter questioned if there would be enough grading for a lawn on the proposed lot?
Mr. Lucek responded that the house has been reoriented, and the grading is much better.
Mealy questioned usability of the lot based on its shape? He also voiced concern with the yard’s limitation due to the conservation easement proposed.
Attorney Lanza answered that he plans to build a four-bedroom colonial, and he will take down as few trees as possible.
Montana arrived at 7:55 p.m. The hearing was closed.
Appl 01-08P, East Hartford Sand & Gravel, request for renewal of permit for earth removal, northerly side of Strong Rd. and easterly side of Rte. 5, RR & I zones
Peter DeMallie, Principal, and Rich Adams, Engineer, for Design Professionals, Louis Wise, of Rogin & Nassau, and counsel for Art Silvestri, owner of EHS&G, were present. Mr. DeMallie informed the commission that this is a renewal of the previously granted permit for earth removal. He explained that areas 6 and 7, approximately 2 acres would be excavated.
Lipe reviewed the Planning report:
Request to continue excavation of sand and gravel in the remaining phases at property located behind K-F Brick. The site has frontage on Strong Road and is about 63 acres; however, sand and gravel excavation is currently occurring on about 9 acres on the western part of the site. The latest approvals were granted by this Commission in 2001. The previous permits included seven phases of gravel excavation; the applicant indicated in the past that he would excavate about 20,000 cubic yards of material per year, and anticipated about a 10-year timeframe for
excavation of phases 4-7. (It has been about 6 ½ years since applicant began excavating Phase 4.) There has been very little activity occurring on-site since the last approval granted.
Access to the site will continue to be from Route 5, via Brickyard Road, as it has been in the past.
There are regulated wetlands on the site and the current approval expires in January 19, 2005. The Army Corp and DEP are also reviewing the wetlands disturbances on the site and have not issued a permit to date.
We are currently holding two passbook bonds on this project, for a total amount of $25,000, to ensure erosion and sediment control as well as stabilization after each phase is excavated. A bond in the amount of $91,000 was required for the reparation of the destroyed wetland areas.
Proposed excavation will result in maximum cuts of 12-14 feet, slopes at 1:3, and some cuts up to 4-5 feet into the groundwater table.
Section 14 of the zoning regulations provides guidelines for the Commission for the approval of sand and gravel operations, including the effect of such removal on surrounding property and the future usefulness of the premises when the operation is completed. Also, according to the provisions of Section 14, such permits shall be issued for a period not exceeding two years. The regulations also allow PZC to grant unspecified extensions of time or modifications to the scope of work originally approved..
Lipe informed the commission that staff is in favor of granting the request for a two year permit.
There was no public participation. There was no comment from the commission.
Appl 01-13P, East Hartford Sand & Gravel, amend special exception to 6.1.3.2 and site plan of development for materials sold from the site for property located on the 1440 John Fitch Blvd. , RR and I zones
Lou Wise, with Rogin & Nassau, and counsel for Art Silvestri, owner of EHS&G Peter DeMallie, Principal and Rich Adams, Engineer, both with Design Professionals, were present.
Attorney Wise reviewed his letter, which summarizes the request. Exhibit 1.
Mr. DeMallie informed the commission that Mr. Silvestri would only be dealing with landscaping materials such as mulch, sands, all types of stone, gravel, topsoil, and processed stone.
Lipe reviewed the Planning Department report:
The applicant is also applying to modify the Special Exception to Section 6.1.3.2 for approval for the storage and sales of landscaping and building materials, on property located at 1490 John Fitch Boulevard (the Redland Brick site), I zone. East Hartford Sand and Gravel leases land from Redland Brick for this operation.
2. The Commission may recall with the most recent approval of the Sand and Gravel operation the conditions placed on the approval were: The four corners of the lease area must be delineated in the field; and this approval is for: sand, gravel, soil and other unprocessed materials mined from the earth. These materials must be mined on site.
With this request, the applicant is seeking permission to sell topsoil, various types of sands and stones, crushed brick, mulch and gravel. The materials are sold on a wholesale basis. The only traffic will be truck traffic.
3. Special Exception criteria include:
The goals and objectives of the Plan of Development are met
Adverse traffic impacts are not created;
Negative impacts on property values are not created;
The land is physically suited for the proposed use;
Adverse environmental impacts are not created;
There is a balance between neighborhood acceptance and community needs;
Present and proposed utilities, streets, drainage systems, and other improvements have adequate capacity to accommodate the proposed use;
Historic factors are adequately protected; and
The overall physical appearance of the proposed development is compatible with surrounding development and the Commission’s goals for the neighborhood/corridor.
If approved, the Planning Department has no other requested approval modifications.
Mealy asked Attorney Wise if the applicant would agree to specific wording being used as to the type of materials, which could be sold. Attorney Wise answered they would agree to the wording “landscaping materials”.
There was no public participation. The hearing was closed at 8:15 p.m.
REGULAR MEETING
After a 5-minute recess, the regular meeting was opened at 8:20 p.m.
Public participation:
Marge Anthony, Chairperson of the Zoning Board of Appeals, was in attendance. Ms. Anthony had recently attended the Connecticut Federation of Planning and Zoning Commission’s annual meeting where wireless communication towers were discussed. She asked for PZC feedback and input from PZC. A Bill is pending before the Legislature that, if passed, would give towns more authority to placement of these towers. She reviewed the handouts. Exhibits x-x.
Mealy informed Ms. Anthony that PZC would be interested in having a speaker come talk to the PZC and ZBA regarding communication towers.
Lipe informed all present that there is an extensive section in the zoning regulations pertaining to communication towers.
Evans commented that Section 7 of Bill No. 869 is critical and should not be overlooked.
Mr. DeMallie commented that the capacity for these towers would need to be increased as time goes on since more people will be using them. Ultimately, this could result in more towers be constructed.
Ms. Anthony extended an invitation to PZC to meet with EDC and IWA/CC. The meeting was tentatively scheduled for 5/30/01 at 7:30 in the Madden Room. An agenda will be sent out.
ITEM: NEW BUSINESS
Reorder of agenda items
Motion to move agenda items 2,3 and 4 to 1,2 and 3 respectively was made by Commissioner Evans and seconded by Commissioner Larsen. The motion passed,
and the vote was unanimous.
2. Motion to Appl 01-01P, Lanza, Resubdivision and Special Exception to Article 4.6.1, to create a new interior lot, 57 Bourbon St., RR Open Space zone
Motion to approve with conditions was made by Commissioner Wentzell and seconded by Commissioner Larsen.
This approval is for 1 lot.
Drainage and construction for this subdivision is subject to the approval of the Town Engineer.
All lots shall be serviced by the Town of South Windsor sanitary sewer system and are subject to the approval of the Water Pollution Control Authority.
Water shall be supplied to this subdivision by public water.
All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
All easements for conservation purposes, drainage or utilities, that may be required in connection with the approval of this subdivision, must be submitted on standard Town easement form where appropriate, to this Commission prior to filing the mylars and issuance of building permits. All deeds for open space, public improvements and roadways must be submitted prior to request for Town acceptance; all deeds must be in accordance with the policy for accepting deeds and must be approved by the Engineering Department and Town Attorney.
Footing drains are required for each house. Prior to the building of any structure on a lot, a topographic map, drawn to a scale of 1" = 40', shall be submitted for each lot in the subdivision, showing proposed contours, elevations and the location of the footing drains. No building permits will be issued until the proposed contours, floor elevations and location of footing drains have been approved by the Town Engineer.
If, for any reason, finished grading and other individual lot site work is not completed, the Town Engineer shall determine the amount of a cash bond to ensure final grading and site work. This cash bond must be submitted prior to issuance of a Certificate of Occupancy.
A drainage assessment fee in the amount of $50.00 shall be submitted to this Commission.
No building permits will be issued until all modifications have been complied with, and the final plans have been filed in the Town Clerk's office.
Engineering comments dated 2/6/01 must be addressed to the Town Engineers satisfaction
Grantor and grantee should be defined on easements.
Zoning data table for the conventional lot (and how lot meets requirements) must be shown
Rear yards should be shown coincident with the conservation easement
The first 30’ of the driveway should be a minimum of 18ft. wide.
House to have similar architecture the existing house
The motion passed, and the vote was unanimous.
3. Appl 01-08P, East Hartford Sand & Gravel, request for renewal of permit for earth removal, westerly side of Strong Rd. and Rte. 5, RR & I zones
Motion to approve with conditions and was made by Commissioner Larsen and seconded by Commissioner Evans.
Prior to commencement of any site work, a meeting must be held with Town Staff.
This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission, including a letter of credit in the amount of $91,000 for wetlands mitigation.
All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
This permit is valid for a period of two years. The permit expiration date is May 8, 2003. The permit must be renewed prior to expiration if sand removal operations are to continue. A progress as-built plan is required with the permit renewal application.
Use of the driveway between the Sylvestri residence and this site by commercial/industrial vehicles is prohibited, in accordance with Section 3.4 of the zoning regulations.
The sequencing of excavation shown on the approved plans must be adhered to.
The existing bonds in the amount of $5,000 for site reclamation and $20,000 for erosion & sediment control must be maintained.
The motion passed, and the vote was unanimous.
4. Appl 01-13P, East Hartford Sand & Gravel, amend special exception to 6.1.3.2 and site plan of development for materials sold from the site for property located at 1440 John Fitch Blvd., RR and I zones
Motion to approve was made by Commissioner Larsen and seconded by Commissioner Evans.
No building permit will be issued until the final mylars have been filed in the Town Clerk's office.
An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.10 of the Zoning Regulations.
All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
The four corners of the lease area must be delineated in the field.
This approval is for: crushed brick, stone, gravel, topsoil, and similar landscape materials.
The motion passed, and the vote was unanimous.
5. Appl 01-14P, U-Store It, site plan of development for one additional building, for property located at Chapel Rd., (formerly the Rent-A-Space), I zone
Emil Lucek, Engineer, briefly reviewed the project. The site is located on the corner of Rte. 5 and Chapel Rd., formerly Rent-A-Space. The site was constructed in 1975 but was never fully developed. A foundation for the eighth building was poured but no building was built. This is where the applicant would like to build.
ADRC has reviewed the application and has suggested landscaping improvements, which will be incorporated.
Lipe suggested that the applicant speak with the police and discuss lighting at the site. Mealy inquired what the specific problem is with lighting? Lipe responded that there is excessive lighting, which spills off the property.
Lipe then reviewed the Planning Department report:
Request for site plan modification to add a 10,236 square foot self-storage warehouse building at property located at 282 Chapel Road, I zone. There are no other site improvements, other than landscaping, proposed with this application.
Proposed building height is 10 feet, 60 feet allowed. The original site plan approved in the 1970’s and again in the 1986 showed this building; however only the foundation was installed. It does not appear that this building will be visible from any street because in the rear of the site.
The applicant received a variance on 2/01 to be allowed to have up to 91% impervious coverage for the additional building. The plans indicate 91.7%; there fore it will have to be reduced to 91% as the variance was granted.
There are no utilities proposed for this building. It appears that zoning requirements have been met.
The applicant went to the Architecture and Design Review Committee on 5/3/01. The Committee commented about the lighting levels and asked the applicant to take a look at the lighting of the site.
There are no regulated wetlands on site and the disturbance is under ½ acre. Therefore, IWA/CC approval was not required.
If this application is approved, the Planning Dept. requests the variance to be noted on the plans and the following items to be addressed:
- Lighting to be examined;
- Temporary signage to be removed;
- Dumpster to be located on a concrete pad and screened.
There was no public participation.
The commissioners had the following comments:
Wentzell inquired if the signs will stay down?
Mr. Lucek replied that he would recommend to the applicant that they purchase a set of zoning regulations and call the Planning Department before installing a new sign.
Wentzell suggested waiting to act on the application until the lighting issue is resolved. Mr. Lucek agreed.
Preliminary discussion re solid waster transfer and recycling center – see attached
This item has been rescheduled to June 12, 2001.
ITEM: Miscellaneous
Lipe updated the commission on the Timothy Edwards filling situation. Jeff Folger and Karl Reichle have gone out and walked the site. Evidently some things have been removed and there is evidence of buried items.
Cottle commented that he would be happy to accompany Jeff Folger and Karl Reichle around the site. There is a lot of construction debris around the site. Lipe will make Mr. Folger aware of this.
ITEM: Adjournment
Motion to adjourn the meeting at 9 p.m. was made by Commissioner Porter and seconded by Commissioner Evans. The motion passed, and the vote was unanimous.
Respectfully Submitted,
Deborah Favreau
Recording Secretary
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