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PZC Minutes 7-10-01
MEMBERS PRESENT:        Walter Mealy, Louise Evans, Marshall Montana, Patricia Porter, Sue Larsen, Kevin McCann, Tim Wentzell

ALTERNATES PRESENT:     Roger Cottle, Patrick Kennedy

STAFF PRESENT:  Marcia Banach, Director of Planning


        
Public Hearing

Chairman Mealy called the meeting to order at 7:30 p.m.  Commissioner Evans read the Legal Notice as published in the Journal Inquirer.

1.      Appl 01-07P, Cloutier, site plan to create two interior lots and Special Exception to Article 4.6.1, northerly side of Palmer Dr., AA-30 zone – Continued from 6/12/01

Peter DeMallie, Galen Semproban, Attorney Hal Cummings and the Cloutiers were present. The application was continued from 6/12/01 to give the applicant time to address concerns raised at that meeting.  Mr. DeMallie addressed those items: the driveway has been relocated further away from Jonathan Lane at the point at which it goes outside of the Town-owned road easement; the garage to house #2 has been modified from detached to attached, 18 evergreens have been added between lots 1 and 2 for screening; the site is slightly regraded and a catch basin added to address drainage concerns, at the request of the town engineer.  

A meeting was held between the applicant and the immediate abutters, and it was agreed that if additional buffering were done arbovites would be desirable.  Twenty would be planted on the Felt Rd right of way.

Mr. DeMallie reiterated that this is the least intrusive use for this site.  

M. Banach reviewed a handout from Town Attorney, Barry Guliano, dated 7-10-01 regarding status of a possible fourth building lot (on the east side of the Felt Rd right-of-way). Exhibit 1.

Evans read letters submitted regarding the application.  Attachments x-x.

Public participation in opposition to the application:

Janina Johnkoski, 42 Jonathan Lane, stated that she and her husband bought their property knowing what the status of the Cloutier property (approved for only one house) was at that time.  She asked that the commission uphold the previous decision.  

Gene Johnkoski, 42 Jonathan Lane, responded to a letter read into the record from a Palmer Dr. resident.  He stated this particular resident would not be directly impacted if the application were approved.  

Carol Bettigele, 24 Jonathan Lane, inquired how far the driveway would be moved?

Public participation in favor of the application:

Nancy Hearns, 424 Clark St., stated she was in favor of the application.  

Catherine Martin, 80 Palmer Dr.; C. Person, 170 Abbe Rd.; Ray Martin, 80 Palmer Dr.; John Young, 97 Palmer Dr.; John Voukaeuel, 81 Palmer Dr; Joe Monegeon, 229 Old Farm Rd.; and Bob Aliveira, 853 Strong Rd.; all spoke in favor of the application.

Mr. DeMallie answered questions from the public.  The driveway will be moved 60 ft. from Jonathan Lane, the hedgerow easement will be approximately 25 ft. and 18 evergreens will be added between lots one and two.

The commission had the following questions/concerns:

Larsen asked why garbage trucks couldn’t go up the road?
Banach answered that garbage trucks need to be out on the public roads.  The trucks do not enter driveways.

Clarification was asked regarding the 1975 and 1979 Zoning Board of Appeals minutes.  Banach replied that in 1975 the only restriction was that no livestock was allowed.  ZBA minutes reflect that in 1979 ZBA rejected the application for two reasons: it was unclear who owned the right-of-way section at the northernmost end; and the application was becoming more like a subdivision and thus for the PZC to determine not the ZBA.  

Evans commented on PZC’s role in reviewing applications. She noted that it is important for the public to understand that the Commission reacts to the application presented to us and that we are obligated to follow our regulations.  We need to respond on whether this site should have two interior lots placed upon it.  She stated she didn’t think it was a good idea to have a road located both in front and behind nearby homes.  In this case the road is being moved some distance, and Evans stated this was a positive thing.  She inquired if staff has a copy of the hedgerow easement?  Mr. DeMallie answered the easements have been done.
Porter asked whether this application meets our regulations for interior lots?  Banach answered that this is the question currently before the PZC.  

Wentzell commented that the application does have some dichotomies with our regulations that he is having trouble with, such as the apparent “stacking” of lots, but he does believe it has some merit.  

Attorney Cummings stated that this portion of Felt Rd. is a town road that the town is not maintaining. He suggested the commission review the similar Ridge Rd. and Ellington Rd. interior lot applications they approved, which have similar lot arrangements.   

McCann commented that Felt Rd. is not a town road but a right of way.  

Cummings responded he doesn’t contradict that, but the town attorney has stated that Felt Rd. is an approved road.

The public hearing was closed on this item, and the commission recessed at 8:45 p.m.  

Montana arrived at 8:45 p.m.  She had previously disqualified herself from the application.

Appl 01-11P, Gaspare, 2-year temporary and conditional permit to operate a hot dog stand outside of Lowe’s building, 31 Buckland Hills, GD zone – Continued from 6/12/01

The applicant was not present.  The public hearing was closed since the applicant did not provide an extension of time in which to hold the public hearing, and the Commission cannot exceed the statutory 30 day time frame.

Lighting Regulations - PZC sponsored revisions to Section 17.20, including definitions, lighting levels

Larsen reviewed the proposed changes.  See attached.  She explained the changes are necessary to clarify our regulations.  The public hearing was closed at 8:55 p.m.

REGULAR MEETING

The regular meeting was called to order at 9 p.m.

ITEM:  NEW BUSINESS

Appl 01-15P, Mangino, request for renewal of temporary and conditional permit for two in law apartments, 272 Pierce Rd., RR zone (Action by 8/26)
Motion to approve was made by Commissioner Montana and seconded by Commissioner Evans.  

This approval is for an in-law apartment for a family member/relative only. When the in-law apartment is no longer occupied by a relative of the family, the apartment cannot be treated as a second dwelling unit. Instead, the kitchen must be removed and the living area must be converted into other living space for the main dwelling.
This permit will expire in two years on July 10, 2003 and will have to be renewed at that time if the use is to be continued.  Owner(s) of the property must reside in the apartment or the main dwelling unit. Reaffirmation of occupancy by owner will be required every two years. This will be done via a letter from the Planning Department requesting the reaffirmation of occupancy.
3.      Any new building, or alterations/additions to existing buildings, require a building permit prior to start of construction

The motion passed, and the vote was unanimous.

ITEM:  Adjustment of agenda items

Motion to move item agenda item 6 to item 2 was made by McCann and seconded by Larsen.  The motion passed, and the vote was unanimous.

Preliminary discussion with Frank Mannarino re Blozie property

Frank Mannarino was present for a preliminary discussion on the Blozie property.  Mr. Mannarino is considering building an open space/Rural Residential subdivision located on Cornerstone Dr. and Avery St. He would be proposing 23 lots with 120 or 140ft. frontages.  The proposal would meet all regulations

Cul-de-sac length was discussed and the problems associated with the short length and turn around area. Mr. Mannarino suggested that the commission consider amending the regulations with respect to cul-de-sacs and their length.  

It was the consensus of the commission that Mr. Mannarino could proceed with an application for an open space subdivision if he so wished.  Banach informed him that he would need to apply for an amendment to the regulations before proceeding with a subdivision plan if he wants the Commission to consider longer cul-de-sacs.
  
Appl 01-19P, Thibodeau, request for a 5 year in law apartment, 85 Debbie Dr., A-30 zone (Action by 8/26)
Motion to approve was made by Commissioner Evans and seconded by Commissioner McCann.  

This approval is for an in-law apartment for a family member/relative only. When the in-law apartment is no longer occupied by a relative of the family, the apartment cannot be treated as a second dwelling unit. Instead, the kitchen must be removed and the living area must be converted into other living.
2.      This permit will expire in two years, on July 10, 2006, and will have to be renewed at that time if the use is to be continued

The motion passed, and the vote was unanimous.

Appl 01-20P, T’s Auto Service, renewal of permit to display two vehicles for sale, 718 Ellington Rd., RC zone (Action by 8/26)
Motion to approve was made by Commissioner Evans and seconded by Commissioner McCann.  

1.      This permit is for a two (2) year maximum period.
This permit is restricted to two (2) vehicles for sale with a standard automarker and excludes vans or trucks.
The cars are to be no closer than 12ft. from the corner.  No more than 12 cars in a single row with two other cars making a second row (as shown in the diagram submitted) are to be parked from the station to Pleasant Valley Rd.  This includes the automobiles for sale.
There will be no parking at any time in the front area of the parking lot (triangle and near the dumpster).

The permit will expire in two years July 10, 2003 and will have to be renewed at that time.

The motion passed, and the vote was unanimous.

4.      Appl 01-12P, Deming Hill Estates, Section VI, open space resubdivision to create 24 lots, southerly side of Deming St., AA-30 Open Space zone (Action by 7/26)

Motion to approve with conditions was made by Commissioner Wentzell and  
Seconded by Commissioner Larsen.

This approval is for 24 lots.
Concrete sidewalks, built to Town specifications, shall be installed on both sides of all new streets.
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.
Street lighting shall be installed on streets, at intersections, and on cul-de-sacs in accordance with the policy established by the Chief of Police. Street lighting is to be coordinated with the Chief of Police (copy enclosed).
Street names and locations of fire hydrants are subject to the approval of the Fire Marshal of the Town of South Windsor. Street names and supporting posts shall be installed by the developer in conformance with the standards of the Town of South Windsor, at no expense to the Town.
A liability insurance policy shall be submitted to this Commission naming the Town of South Windsor as an insured, with a combined single limit for bodily injury and/or property damage in the amount of $1,000,000.
This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission, including a bond in the amount of $5000.00 be submitted to ensure compliance with the Erosion and Sedimentation Control Measures and a bond in the amount of $20,000 be submitted to ensure property construction and establishment of the biolfilter basin.
Prior to commencement of any site work, a meeting must be held with Town Staff.
All plans used in the field by the developer must bear the stamp and authorized signature of the
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.
Quantity estimates must be submitted to the Town Engineer (on the enclosed form) for the purpose of determining subdivision bonding, and all bonds shall be posted prior to filing the plans.
If the developer chooses to submit a Letter of Credit for a one-year term, in lieu of a surety bond, said Letter of Credit must be renewed on a yearly basis until completion of the development. If a new Letter of Credit has not been received within 30 days before the expiration date, the Commission may, at its option, call the Letter it is holding.
A drainage assessment fee in the amount of $900 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.
Shared driveway onto Deming Street must be shown for lots 52 and 53.
Engineering comments of 4/19/01 must be addressed to the satisfaction of the Town Engineer.
An open space improvement plan showing parking for four vehicles must be shown in the open space area in the vicinity of lots 60 or 61.
A permanent stone entrance marker must be installed at the entrance to clearly designate the open space accessway (details to be finalized with town staff and South Windsor Land Trust).
The motion passed, and the vote was unanimous.

ITEM:  Extensions

Appl 00-49P, Pond Estates, request for a second extension to file mylar
Motion to approve second extension to file mylar was made by Commissioner Evans and seconded by Commissioner Larsen.  The motion passed, and the vote was unanimous.

Discussion re parking at 465 Buckland Rd.  See attached letter.

Evan read letter dated 6-21-1.  See attached.  Mr. Mahoney was present and reviewed his revised letter of 7-10-01 for the commission.  See attached. It was agreed that Mr. Mahoney would meet with staff to discuss improvements such as a pedestrian crosswalk and shared parking. Mr. Mahoney will attend next week’s meeting with an update for the commission.

ITEM:  Miscellaneous
Motion to extend the meeting past 10 p.m. was made by Commissioner McCann and
seconded by Commissioner Montana.  The motion passed, and the vote was unanimous.

ITEM:  Subdivision Bonds

Appl 99-52P, Deming Hill Estates, Section II

Motion to reduce the bond for Phase 3a to $23,450 and Phase 3b to $35,500
was made by Commissioner Montana and seconded by Commissioner Evans.
The motion passed, and the vote was unanimous.

2.      Appl 00-28P, Wheeler Estates

Motion to reduce the bond to $170,000 was made by Commissioner Evans
and seconded by Commissioner Porter. The motion passed, and the vote was unanimous.

ITEM:  Landscaping Bonds

1.      Appl 98-33P, Super Liquor Mart

Motion to reduce the bond to $0 was made by Commissioner McCann and seconded by Commissioner Porter. The motion passed, and the vote was unanimous.

ITEM:  Miscellaneous

McCann and Larsen informed the commission that the roundtable meeting they attended was informative and productive.  This is a good first step.
ITEM:  Adjournment

Motion to adjourn the meeting at 10:15 p.m. was made by Commissioner McCann and seconded by Commissioner Montana.  The motion passed, and the vote was unanimous.

Respectfully Submitted,



                                                
Deborah L. Favreau
Recording Secretary