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PCZ Minutes 10-23-01

MEMBERS PRESENT:        Walter Mealy, Louise Evans, Marshall Montana, Tim Wentzell, Kevin McCann, Patricia Porter, Sue Larsen

ALTERNATES PRESENT:     Roger Cottle, Patrick Kennedy, Doug Manion

STAFF PRESENT:  Michele Lipe, Assistant Director of Planning
                        Michael Gantick, Director of Public Works
                        Jeffrey Doolittle, Town Engineer

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.  Roger Cottle sat for Marshall Montana until her arrival.

Appl. 01-32P, OFS, request for a two year temporary and conditional permit
for storage facility, 260 Ellington Rd., I-291 CD Zone

Al Hare, President of OFS, was in attendance to present his application to the commission.  He would like to construct a wood structure, a pre-fabricated detached building in the southwesterly corner at 260 Ellington Road.  It will help ease the space limitations within the shop.  The pallets and furniture need to be relocated to allow more room for manufacturing.  Pictures were made available for the commissioners to view.  Mr. Hare was asked to approach the commission to answer questions regarding locations of structure on the map.

Michele Lipe reviewed the Planning Department report:

The applicant is requesting a two year temporary and conditional permit for a storage
unit approximately 28x14 to be located on the southwesterly side and will be adjacent
to the existing building at 260 Ellington Road towards the rear, I-291 CD Zone.
The unit will be placed on the side yard on an existing lawn area and there is an existing
shed and fence and the applicant has indicated a desire to hook the existing shed to the
new structure as well as relocated the fence for some screening he has indicated there
will not be any re-grading necessary for relocating the structure.  Also he indicated it is
to free up some room inside the warehouse for more manufacturing.

The is an existing draining easement that is in favor of lot #2 on the southerly side of
this lot this was put in place at the time of the subdivision taking place the applicant has
obtained a letter from the owner of lot #3 the one who has the easement in favor of
them indicating they are aware of the plans and they don
structure being place in the easement area.  It is not an easement to the town, it is a
private easement.

The wording of the temporary and conditional permit regulation is, the temporary and
conditional permits may be granted by the commission for use which is not specified
elsewhere in these regulations for a period not to exceed two years.  Such approval may
be given after a public hearing if in the judgement of the commission the public
convenience and the welfare will be substantially served and the appropriate use of
neighboring property will not be substantially or permanently injured in traffic or other
hazards will not result from such use.

Storage buildings are allowed in conformance with zoning requirements in any zone,
outdoor storage is not allowed in this particular zone being the I-291 corner
development zone.  If this application is approved the planning department has no
modifications to request.  The applicant will go through the normal building procedures.

Jeffrey Doolittle, Town Engineer, had no comments.

Mike Gantick, Director of Public Works, had no comments.

There was no public participation on this item.

The commission had the following questions/concerns:

Commission Cottle questioned the sketch because look as if it indicated trailer parking
on it.

Michele Lipe clarified that the trailer parking as shown does not exist.

Commissioner Larsen asked for clarification if other businesses were located at this
proposed site.

Michele Lipe indicated a small shed is on the site that is not shown on the plans submitted.

Al Hare stated the small 10 x 10 shed would be turned around so the two buildings will be
facing each other allowing a cement platform between the structures to roll pallets on
and off of each structure.

Commission Evans read a letter from Joe Salan, Vice President, EPS Printing, in favor
of this proposed application

Commissioner Evans asked what OFS would do with the shed after the two-year period
and if OFS is looking to continue to apply for two-year temporary and conditional
permits or to do something more permanent.

Al Hare stated a two-year time period and that he would like to do something more
permanent eventually and incorporate this structure into future plans for expansion.

Commissioner Evans asked if OFS felt they could do something permanent over the top
of the drainage easement.

Al Hare stated the structure is being used as a temporary building.  No footings will be placed.  If they find any problems they can jack up the structure and have the ability to move it around.  The structure will only be use as a storage area.

Commission McCann asked if OFS plans to store anything in this structure other than
what is stored in the permanent building and if they planned to change the use of the
property in any way.

Al Hare response was no to both questions.

With no further questions this portion of the Public Hearing was closed.

Appl 01-33P, Holcombe Resubdivision to create two building lots on the
easterly side of Avery Street, northerly side of Kelly Road, A-20 zone

Peter DeMallie, Principle, at Design Professional addressed the commission representing Kirby Holcombe's two lot residential subdivision.

The site is located at the northeast corner of Avery and Kelly Road.  The extreme southwest corner of the property is Avery Brook and there is an intermittent brook called Dart Brook that goes along the westerly edge of the property.

The proposal is a minor resubdivision to divide the 2.77 frontage lots into two conventional lots.

Lot #1 is 1.62 acres, 413 feet of frontage and 169 feet of lot depth; and lot #2 is 1.08 acres 250 feet frontage and 180 feet of lot depth, and also includes a 10-foot strip in width that goes from the lot to Kelly road to accommodate the water utility line from Kelly Road.

To provide safer access to the lots, a common driveway is proposed this drive will be gravel, 18ft in width with a 12-foot circle.  The Fire Marshall, Bill Lanning, indicated he would like to have a fire circle to allow a fire truck to be able to turn around.  The driveway is approximately 12 feet off the easterly property line, accept at the beginning to avoid a catch basin and the floodplain associated with Avery Brook.  The plan indicates a conservation easement in favor of the Town of South Windsor over approximately one-acre.

The two lots will be serviced by natural gas, public water, and public sewer.  The town has encroached on the south of the property along Kelly Road where there is a drainage facility, culverts, and a catch basin.  The applicant has met with Public Works and is proposing to quit claim the land to the town extending the width of the right of way to 2500 square feet, (which is the entire frontage).

Site line is adequate in each direction.  There will be easements to accommodate travel utilities and with modifications town staff has suggested we will be conforming to all zoning and subdivision requirements.  That these two lot are not considered interior lots, they have full frontage on Avery Street.

On the plan a hedgerow is shown along the eastside of the property.  It is not required in the zoning but the applicant felt it appropriate to have something between the existing residences that have been there for some time and these new homes.

Barry Ellison, Project Engineer, for Design Professional, gave an overview of the engineering aspect of the plan.

Michele Lipe reviewed the Planning Department report.

Request for approval of a resubdivision to create 2 lots on the corner of Kelly Road and
Avery Street, A-20 zone. The site size is about 2.8 acres

Minimum lot size required in the A-20 zone is 20,000 sf. The proposed Lot 1 is 1.6
acres, lot 2 is just over an acre.  Required frontage is 100 feet; lot 1 has over 400 feet,
lot 2 has 225 feet of frontage on Avery Street.

There are regulated wetlands on both lots, including a portion of Avery Brook on Lot 1.
An application is pending with IWA/CC and will be heard November 7, 2001. Lot 1 also
includes a substantial amount of 100-year floodplain. Both lots include a 90 x 90
buildable square, within which the dwelling units must be located.

There will be no new driveway curb cuts for houses onto Avery Street; a shared driveway
from Kelly Road is proposed. The driveway includes a turnaround for emergency
vehicles, part of which is on Lot 1 behind the house. If the turnaround is required by the
Fire Marshal, we suggest that Lot 1's garage be oriented toward the turnaround itself, so
that Lot 1 doesn't have a driveway in both the front yard and in the back yard.

Lot 1 includes an easement for access and utilities. We note that the access and utilities
easement extends just beyond the edge of the driveway and/or utilities themselves, thus
making it difficult to stay within the easement when performing work on the driveway
or utilities.

The lots will be serviced by public water and sewer. WPCA approval is required. The
Superintendent of Pollution Control also notes that the utilities easement should be 20
feet wide and centered over the sewer lateral.

There are no street trees shown, however the site is heavily wooded, and the entire
frontage along Avery St will be protected with a conservation easement.

The applicant will establish a street line with proper right-of-way along Kelly Road for
this property by deeding 14' along Kelly Road to the Town.

We note that the subject property seems to be well used as a dumping ground for yard
wastes, to the extent that some understory growth has been inhibited.

If this application is approved, in addition to modifications already noted, the Planning Dept. requests that the correct checklist be submitted and the plans include all information required on the checklist, at the scale specified on the checklist.

Jeffrey Doolittle, Town Engineer, reviewed the plans for the Subdivision dated August 21, 2001, and had the following comments:

On Sheets 4 and 5 the 23 foot utility easement needs to be widened or the water and
sewer lines moved so there is at least 10 feet from these utility lines to the edge of the
easement on each side.  

On Sheets 4 and 5, add a second clean-out for the foundation drain from the house on
Lot 2 so there is no more than 300 feet between clean-outs and structures on this line.

On Sheets 4 and 5, show the existing sidewalk to be reconstructed where the proposed
driveway will cross it.

Maintain the 18-foot driveway width to the circle.

Relocate the driveway and garage for the house on Lot 1 so they are off the proposed
circle.  

The invert of the foundation drainpipes where they enter the existing catch basin in
Kelly Road needs to be above the crown of the existing drainage pipe in Kelly Road.
Please confirm this or raise the inverts of the footing drains at this location.

The center of the circle should be graded to a gentle slope to the southwest side or a
gentle crown so it is usable lawn area.  

Show spot elevations to indicate where water will drain off these lots.  

Show where the roof leaders drain from the proposed houses.

The Anti-Tracking Apron should be 30 feet long from the edge of the existing road.

Michael Gantick, Director of Public Works, had no comments.

Public participation was as follows:

Gregory Lentz, 11 Kelly Road addressed the commission with his concerns regarding this application.

He questioned why the driveway was being put on Kelly Road and not Avery Street?

DeMallie responded there are two reasons:

The primary reason was to avoid crossing of the intermittent brook called Dart
Brook.  It is regulated wetlands and is a sensitive area, and there are no regulated
wetlands going out to Kelly Road.

The applicant thought it would be more appropriate on Kelly Road because
Avery Street seems to be a busier commuter route.

Lentz asked if the applicant could define the word intermittent?

DeMallie responded that intermittent means the brook is not always flowing, usually flows in the spring.

Lentz states that this is a very busy road at any point of the day, and adding another
driveway on to Kelly Road is extremely dangerous.

Lentz's other concern was the maintenance of drainage structures as there has been no
maintenance in the past and the drainage culverts are now clogged, and this area is likely
to flood.

Doris Avery, 20 Kelly Road, addressed the commission with her concerns regarding this
application.  Avery's property abuts the proposed site, and agreed with the comments
of Mr. Lentz.  Kelly Road is very busy and there have been times when she has waited
up to 5 minutes to get out of her driveway.  She is concerned about who will maintain
the sidewalk and will the new sidewalk match the existing sidewalk.

Another major concern she expressed is the location of the proposed driveway abutting
her driveway, and the plan for tree row next to her property line.

DeMallie responded that the driveway would be 12 feet off the property line for the majority of its length, except at the street, it will be closer due to avoiding an existing catch basin.

Dermot Jones, 28 Kelly Road, addressed the commission with his concerns opposing this
application for same reasons previously mentioned.

Denice Jones, 29 Kelly Road addressed the commission and her concerns that if Kelly
Road is built over the waterway why couldn't the driveway go over to Avery Street
rather than going down to Kelly Road.

DeMallie explained the town built that roadway over the brook many years ago. It is difficult process to put a roadway and culverts over a brook and quite costly.

Denice Jones inquired about the length of is the proposed driveway on Kelly Road to the
homes, and if both homeowners are traveling on the driveway at the same time will they
be able to get around one another.

Ellison responded the driveway is approximately 500 to the circle and both primary driveways go from there.  The proposed driveway is 18 feet in width and would be able to accommodate both vehicles.

Louis Baker, 620 Avery Street, addressed the commission with his concerns regarding
Avery Brook flooding.  Also addressed was the stop sign and corner of Kelly Road and
Avery Street.  The stop sign is 10 feet from the road and there is a big telephone box
obstructing your view.  Adding another driveway on Kelly Road is going to be hazard.
Who will be maintaining this common driveway, the town or the homeowners?

Lentz addressed the telephone guide wires and where they will be relocated to
accommodate the proposed driveway.

DeMallie responded the telephone guide wires should remain where they are now and will be address at the next hearing.

The commissioner has comments as follows:

Commissioner Manion inquired if the applicant is agreeable to paving the driveway
rather than leaving it gravel.

DeMallie will review and address the gravel driveway at the next hearing.  It is a considerable expense due to the length of the driveway.

Commissioner McCann addressed the Town Engineer, Jeffrey Doolittle, asking the
purpose of relocating the driveway for lot #1 to the circle and what is the purpose.
Secondly a recommendation to remove the swale and just to grade the area, what is the
purpose of this.

Doolittle responded that the applicant is not required to relocate the driveway and it is the choice of the property owner, but the relocating would help with grading and allow more lawn area.  Also grading of the swale would allow for this area to be easier to maintain.

Commissioner Wentzell questioned the requirement for a turnaround driveway for fire
trucks.

DeMallie responded he spoke with Chief Lanning and he is concerned with Avery Street in the winter with heavy snow and not being able to reach these two homes in the event of a fire.  This is the primary reason for the turnaround.

Commissioner Porter inquired why is this not considered an interior or rear lot.

Lipe indicated that there is the required amount of frontage along Avery Street for both lots, therefore they are considered conventional lots.

Commissioner Evans commented that lot #1 does not have much of an area for your
lawn use.

DeMallie commented that the house could be modified and it would allow for a more usable yard.  They will be looking at this and come back with comments at the next hearing.

Commissioner Cottle asked DeMallie to investigate the possibility of creating a culvert
at Dart Book, similar to the one that was done on Nevers Road to Collins Crossing, and
approach the IWA/CC.

DeMallie responded that they are going before the Inland/Wetlands Committee next week and have to demonstrate they are trying to minimize the impact on wetlands and this is a wetland area.  However, he will broach the subject with them.

DeMallie also stated that if the town goes though with the road improvements in this area it should minimize the traffic.

Commissioner Larsen had no comments.

Commissioner Montana commented regarding the speed and quantity of traffic on
Avery Street and Kelly Road.  This is a difficult site.

Chairman Mealy asked Michele Lipe when we would be able to continue the hearing and it was scheduled for November 13, 2001.

Motion was made to continue Application 01-33P until November 13, 2001, by
Commissioner Evans, seconded by Commissioner McCann.  The motion carried and the
vote was unanimous.

Appl. 01-36P, Watson House Bed and Breakfast, request for renewal of a two
year temporary and conditional permit for bed and breakfast, 1876 Main
Street, A-40 zone

Attorney Stephen Penney presented the application.  Also in attendance was Tim Cameron, one of the managing members of the LLC, who operates TheWatson House Bed and Breakfast.

Lipe review the previous approval conditions.  Nothing has changed since the last approval granted.The T & C permit was for a Bed and Breakfast facility:

The residential character of the dwelling unit and property must be maintained.
The maximum length of stay shall be 14 days consecutively per calendar year per guest.
One nonlighted wooden sign, of a design that is compatible with the design of the
dwelling and not to exceed 4 square feet is allowed.
No meals other than breakfast shall be provided; and guestrooms may not contain
provisions for cooking. No meals shall be provided to the general public if not guests of
the Bed & Breakfast.
An owner must live on the premises.
Lipe indicated there were no further comments from the Planning Department.  There were no Commissioner questions.  McCann, Porter, and Montana complimented the facility.

Appl 01-37P, Sikois, Robert, request for a 5 year in law apartment, 58
Countryview Drive, A-30 zone

The applicant had not provided the required information.  A motion to table was made by Commissioner Porter, seconded by Commissioner Kennedy. The motion carried and the vote was unanimous.


REGULAR MEETING:  MADDEN ROOM

EXECUTIVE SESSION:  

Motion was made to go into Executive Session to discuss pending claims and litigation with Town Attorney Guliano re: Shady Brook-SRD was made at 9:20 p.m. by Commissioner Evans, seconded by Commissioner Larsen.  The motion carried and the vote was unanimous.

Motion was made to go out of Executive Session at 10:20 p.m. was made by Commissioner Evans, seconded by Commissioner Larsen.  The motion carried and the vote was unanimous.

ITEM:  Meeting Extension

Motion was made to continue meeting until 10:30 p.m.was made by Commissioner Montana, seconded by Commissioner Wentzell.  The motion carried and the vote was unanimous.

ITEM:  Decision regarding Appl #99-59P Shady Brook - SRD appeal

Motion to authorize the Town Attorney to enter an appeal regarding the Shady Brook decision was made by Commissioner Wentzell, seconded by Commissioner Larsen.  The motion carried and the vote was unanimous.

REGULAR MEETING

BONDS: Reduction is to maintenance level and will expire on 10/23/02

                AMOUNT   REDUCTION  BALANCE
1.  Appl#92-26P, Avery Meadow   $  64,000           $18,300        $45,700

Motion to reduce to maintenance level was made by Commissioner Montana, seconded by Commissioner Wentzell.  The motion carried and the vote was unanimous

                AMOUNT  REDUCTION       BALANCE
2.   Appl#97-41P, Cutler Ridge Sub       $125,000           $ 2,700      $ 122,300

Motion to reduce to maintenance level was made by Commissioner McCann, seconded by Commissioner Evans.  The motion carried and the vote was unanimous

ITEM:  Extension

Motion to approve second 90 day extension for Appl #01-12P Deming Hill Estates, Section 6, for recording mylars was made by Commissioner Evans, seconded by Commissioner Larsen.  The motion carried and the vote was unanimous

ITEM: Withdraw

Motion to withdraw Appl#01-39, Environmental Services, Inc. for site plan modification at 90 Brookfield Street, GC Zone was made by Commissioner Montana, seconded by Commissioner Larsen.  The motion carried and the vote was unanimous.

ITEM: Expansion

Motion to do Appl #01-42P, Filene's, request for modifications of the site plan expanding the warehouse 36,000 square feet located at 301 Governor's Highway, I Zone as an in house was approved by consensus of the Commission.

ITEM:  Adjournment

Motion to adjourn the meeting at 10:30 p.m.was made by Commissioner Evans, seconded by Commissioner Wentzell.  The motion carried and the vote was unanimous.

Respectfully Submitted,
Kelli Gaetano
Recording Secretary