MEMBERS PRESENT: Marshall Montana Louise Evans, Kevin McCann, Tim Wentzell, Suzanne Choate, Sue Larsen, Patrick Kennedy
ALTERNATES PRESENT: Roger Cottle
STAFF PRESENT: Michele Lipe, Assistant Director of Planning
Jeffrey Doolittle, Town Engineer
Public Hearing
Commissioner Marshall Montana called the meeting to order at 7:30 p.m. Commissioner Evans read the Legal Notice as published in the Journal Inquirer.
Appl 01-37P, Sirois, Robert, request for a 5 year in law apartment, 58 Countryview Drive, A-30 zone
Robert Sirois was in attendance to present an application for a permit for an in law apartment located at 58 Countryview Drive. The area consists of 2 bedrooms and a kitchen and a bathroom, the total footage is approximately 460 square feet.
Michele Lipe, Assistant Director of Planning, reviewed the Planning Department report:
Request for a permit for an in-law apartment at 58 Country View Drive, A-30 zone.
The PZC in-law apartment regulation has specific criteria for the unit; and provides for
a 5-year permit period. These criteria include:
The in-law apartment cannot be larger than 900 sq. ft or 40% of the gross floor
area (whichever is smaller).
The entire structure must maintain the appearance of a single family dwelling; off
street parking for three vehicles must be accommodated; adequate water and sewage
disposal must be provided; and the owner of the dwelling units must occupy either
the in-law apartment or the main dwelling unit.
The Commission may waive one or more of the provisions above (except the
requirement that an owner live in the apartment or house) after determining:
There will be minimum adverse impact on existing uses in the area;
Surrounding property values will be conserved and the character of the neighborhood
will not be unduly disrupted;
Due consideration to preservation of historic factors has been demonstrated
This in-law apartment will be incorporated into a 15 X 27 foot two-story addition
onto the side of their house. The applicant has provided a floor plan and a picture
of the built structure. The layout of the apartment we received indicates that the
first floor is being utilized as an apartment. There is no bathroom shown within the
apartment. We ask the applicant to verify that it meets the size limitation of 900
square feet.
If this application is approved, the Commission may grant approval for up to five years. The applicant will be asked via letter to reaffirm ownership of the property every two years. At the end of the permit period, if the family situation has not changed, the applicant may request renewal by staff.
The applicant indicated when the in law apartment is no longer occupied the lower level will be renovated into a garage with the bedrooms remaining above the garage.
Jeff Doolittle, Town Engineer, had no comments.
There was no public participation on this application.
A letter submitted by Anita Cappalla, of 25 Cheshire Drive, was read by Louise Evans opposing the approval of this application. (Exhibit A).
The Commission had the following questions/concerns:
Commissioner Cottle inquire if the applicant or the contractor obtained a permit before
building the addition and how this addition was represented.
Sirois spoke with Jeff Folger in Planning regarding the set back for putting a four-room addition on to their existing home. The contractor told Sirois he did not need an in-law permit because he was not adding a new kitchen. There was a miscommunication between Sirois and the contractor.
Commission Cottle directed the question to Michele Lipe as to the communication
between the Sirois's and Jeff Folger in the Planning Department.
Lipe had the initial application that was submitted for a building permit and it did not indicate an in-law apartment. At the time it was discovered a kitchen was being added, the applicant was advised an in-law apartment approval would be required.
Commissioner Choate had no comments.
Commissioner Evans inquired how many entrances there are to the apartment.
Sirois replied two, one through the front door and the second through the garage.
Commissioner Evans asked if the kitchen is presently installed, and if it was done
without a permit.
Sirois indicated the kitchen is already installed. Sirois also indicated an electrical permit and a plumbing permit were both obtained.
Lipe indicated a plumbing permit had not been issued awaiting resolution of this application. Planning Department has been in contact with the Building Department and a final CO will not be issued until approval of this application is granted.
Commissioner McCann inquired who is living in the addition.
Sirois indicated his in-laws (wif'e's parents) live there.
Commissioner Montana referred to the letter received opposing the proposed
application, inquired if there is only one door on the front of the house. Also addressed
was the trash in front of the house on the porch.
Sirois responded that there is a front door and a garage door. The trash on the porch was sheet rock and he had to dispose of it one piece at a time.
With no further questions this portion of the public hearing was closed.
Appl 01-38P, Mannarino Builders, Inc., request for a subdivision amendment to section 4.C.3.c.1 to increase maximum length of residential cul-de-sac's to 1500 feet under certain conditions.
Frank Mannarino, Mannarino Builders, Inc., was in attendance to represent his application for a Subdivision Amendment to Section 4.C.3.c.1 allowing an increase maximum length of a residential cul-de-sac to 1500 feet under certain conditions. He cited the following reasons:
A landowner that who a parcel of land for 50 years can get land locked in between two
subdivision and not be able to develop his property due to open space, wetland issues,
etc.
Building a boulevard is not always feasible and a Property Association needs to be
established to maintain it.
Planning and Zoning should have the ability to waive the length of a cul-de-sac in some
instances when a through street is not possible.
Mannarino made a comparison of fifteen area towns and 1500 feet doesn't meet the
average cul-de-sac length.
There was no public participation.
Michele Lipe read the Planning Department report:
Request for approval of an amendment to Chapter 4, section C.3.c.(1) to allow an
extended-length cul-de-sac in residential zones under certain conditions. The
amendment is modeled after the industrial cul-de-sac regulation, section C.3. c.(2), and
allows the Commission to consider a waiver to cul-de-sac length if the specified
conditions are met.
The purpose of the amendment would be to provide for longer conventional cul-de-sac
streets where there are physical constraints to through streets, or where longer dead-end
streets serve the purposes of access management. An example of an access
management purpose would be a single longer cul-de-sac rather than two short
cul-de-sac streets intersecting an arterial or major collector street.
The proposed criteria for granting of a waiver include:
The maximum length of a cul-de-sac is 1500 feet;
Where a future outlet is proposed, the commission must conclude that the proposed
outlet is feasible, for example, it can't lead directly into a regulated wetland;
The subject property can't be reasonably served by any other public street;
The proposed cul-de-sac extension conforms to access management goals and
objectives; and
The new street will always function as a residential local street, not as a collector or
arterial street if connected through in the future;
The amendment also has a provision that a waiver request may be submitted and acted
upon prior to a formal subdivision application.
Public Works and Engineering departments have expressed concerns regarding access
with lengthy cul-de-sac streets. An interconnected street network provides for at least
two entrances to properties, so that storm damage or winter storm conditions don't
restrict emergency access. Also, lack of an interconnected road network makes it
difficult for pedestrians and bicyclists to access adjoining neighborhoods without going
onto major streets, most of which do not have sidewalks or bike lanes.
The Fire Marshal has indicated to us that he prefers an interconnected street network
for emergency purposes and hopes not to see a large increase in the number of dead-end
streets as a result of this amendment. Once the decision to construct a dead-end street
is made by the Commission, however, the length is immaterial to the fire dept. He also
noted that where site conditions do preclude through streets, he is comfortable with
dead-end streets.
Lipe read a letter from William Lanning, Fire Chief/Fire Marshall into the record (Exhibit B).
South Windsor Police Department has reviewed the proposal and has responded with a
memo from Sargent Fields, which Lipe read into the record (Exhibit C).
The Board of Education's Business Manager has indicated that dead-end streets are
problematic for them, and school buses generally donlonger the cul-de-sac, the more problematic it is for the Board, as parents are more
concerned about the distance their children have to walk to get to the bus stop.
If this application is approved, Planning Department has no requested modifications.
The Engineering comments were included in the Planning Department Report.
There was no public participation on this application.
The Commission had the following questions/concerns:
Commissioner Larsen asked if the correct wording was on the amendment and how firm
is the 1500 feet for the length.
Lipe indicated the applicant made an error in the amendment submitted with the
application, which read 1200 feet. It should have ready 1500 feet as advertised in the legal notice.
Mannarino feels that there should not be an amount of distance on the length of a cul-de-sac and it should be left up to the commission to be able to waive the length. Normally there is a restriction on the number of houses that can be built, but not a restriction on length.
Commissioner McCann expressed concerns regarding the length of a cul-de-sac in
relation to bus stops and prefers to see an outlet rather than another cul-de-sac. It is
preferred by the bus companies to have bus stops at the beginning of a cul-de-sac and
not have the bus enter the cul-de-sac.
Mannarino referred to other cul-de-sac
Commissioner McCann commented that this amendment to the regulation should be
reviewed as a whole not just for this particular subdivision.
Mannarino commented that this proposal is not just for his proposed
subdivision, but he feels that the Commission should be able to waiver the length
of a cul-de-sac. Mannarino would like to be able to develop this subdivision with
a cul-de-sac as opposed to a boulevard.
Commissioner McCann inquired how a number of 1500 feet was arrived at for this
proposed application.
Mannarino responded that in relation to area towns that was the average length.
Commissioner Evans would like the proposed amendment reviewed closely to avoid too
many waivers for longer cul-de-sac
Commissioner Kennedy reviewed the wording of the proposed amendment to clarify the
meaning, and he also suggested sidewalks be added.
Mannarino agreed with Commissioner Kennedy regarding the wording and
thought the sidewalks were mandatory.
Commissioner Choate's concern was the diameter of the cul-de-sac.
Commissioner Cottle also commented on the size of the cul-de-sac.
Commissioner Montana's concern is that if we made a waiver allowing the length of a
cul-de-sac to increase or decided not to grant the waiver are we opening ourselves up for
a lawsuit. Also questioned was the length and the amount of homes on a cul-de-sac.
Commissioner McCann questioned what would be the benefit to the town to waive the
length of the cul-de-sac.
Mannarino commented there are no benefits to the town; the benefits are to the
landowner.
With no other questions this portion of the public hearing is closed
Appl 01-33P, Holcombe Resubdivision to create two building lots on the
westerly side of Avery Street, northerly side of Kelly Road, A-20
Peter DeMallie was present to represent the application that was continued from the October 23, 2001, Public Hearing. The Inland/Wetland Commission unanimously approved the application to create the two building lots at the November 7, 2001, meeting. At the last public hearing for Planning and Zoning, it was mentioned moving the driveway from the Kelly Road to Avery Street. DeMallie brought it to the attention of the Inland/Wetland Commission and moving the driveway to Avery Street would create more impact on wetland areas. They agreed unanimously that keeping the driveway on Kelly Road is the best location due to no wetland impact.
They have made minor modifications on the site plan and are still proposing to deed land to the Town of South Windsor for expansion of the right of way. The corner of the property has a catch basin and a culvert and there is no snow shelf on the north side of Kelly Road currently. This should also help if the town improves Kelly Road. The conservation easement has been slightly expanded for additional protection for the natural environment as required by Inland Wetlands Agency. The driveway is approximately 200 feet from the intersection on Kelly Road. This is a conventional subdivision and not an interior lot. A buffer adjacent to the abutter's property will consist of a mix of coniferous plantings.
The Planning Department had no further comments regarding this application.
Commissioner Evans read a letter from Gregory and Elaine Lentz, 11 Kelly Road, with their concerns of the application (Exhibit D).
Public participation was as follows:
Gregory Lentz, 11 Kelly Road, feels that the location of the driveway on Kelly Road is
a very dangerous location. Also the telephone pole at the end of the proposed driveway
where safety guy wires are located is also a hazard. The driveway is proposed to be
gravel and Lentz feels that it will bring the property value down and is requesting a
paved driveway. With a common driveway, who is responsible for the maintenance of
this driveway, and who will be responsible for the maintenance of the sidewalk?
Doris Avery, 20 Kelly Road, opposes this application and feels the location of the
driveway is a problem and questions how close it will be to her property line.
DeMallie responded that the driveway at the very beginning would be
approximately four to five feet from her property line due to avoiding a catch
basin and will curve to approximately twelve feet from the property line. A
buffer will be added between the proposed driveway and Avery's property line.
DeMallie commented on the letter that was read by Commissioner Evans regarding the
cleaning of the triple culverts being clogged. DeMallie has been in contact with Jeffrey
Folger, Inland/Wetlands Agency, and the culverts will be cleaned and maintained.
The driveway was located as far away from the abutter's property line as possible.
The Commission had the following questions/concerns:
Commissioner Kennedy inquired if the intersection of Avery Street and Kelly road has
only one stop sign.
DeMallie responded yes.
Commissioner Evans commented that it costs the telephone company approximately
$5,000 to move a telephone pole and they are more likely to move the guy wires. She
also stated it is critically important that the storm drains are cleaned on a regular basis.
Commissioner McCann inquired to DeMallie if they thought of using a flat catch basin
so the driveway could go over it.
DeMallie responded that he met with town staff and was told that was not an
option, and it is rarely approved.
Commissioner McCann asked how far the driveway would have to be moved to the west
to get it on the other side of the catch basin.
DeMallie responded that would be impossible due to the fact that Avery Brook is
in the vicinity and there is a flood plain in association with it, wetlands, and a
required set back area associated with it. It also would bring the driveway closer
to the intersection. It is a possibility to reduce the width of the driveway which
would move the drive that much further from the property line.
Commissioner McCann also commented that the catch basins need to be maintained and
should be addressed before construction. Lastly, the pedestrians access along Kelly
Road. If the property is deeded that includes that sidewalk, a short section of sidewalk is
unlikely to get a lot of maintenance from the town.
DeMallie commented that this would be part of the right of way and the owner
would be responsible for maintaining the sidewalk, per town ordinance.
Commissioner Montana commented that she would like to see some discretion when
removing the wooded areas because it takes quite a bit of time for a buffer to grow.
The public hearing closed at 9:00 p.m.
REGULAR MEETING
Commissioner Montana read a note from Walter Mealy to the Commission
Commissioner Montana asked if there was anyone present for public participation for an item not on the agenda.
There was no public participation.
Motion to appoint Kevin McCann as temporary Chair for the purpose of the election was made by Commissioner Evans. The motion carried and the vote was unanimous
ITEM: Annual Meeting/Election of Officers
Motion to nominate Kevin McCann for Chairman of the Planning and Zoning Commission was made by Commissioner Montana, seconded by Commissioner Evans. Commissioner Kennedy closed the nomination and requested the Secretary to cast one ballet for Kevin McCann as Chair.
Motion to nominate Marshall Montana for Vice Chairman of the Planning and Zoning Commission was made by Commissioner Evans, seconded by Commissioner Kennedy.
Commissioner Kennedy closed the nomination and requested the Secretary to cast one ballet for Marshall Montana as Vice-Chair.
Motion to nominate Louise Evans for Commission Secretary of the Planning and Zoning Commission was made by Commissioner Montana, seconded by Commissioner Kennedy. Commissioner Kennedy closed the nomination and requested the Secretary to cast one ballet for Louise Evans as Commission Secretary.
ITEM: By Laws
Chairman McCann asked for comments on the existing by-laws.
Commissioner Larsen inquired to amend Section 1, under Article IX under Meetings, Section 3 to read meetings shall being at 7:30 p.m. and adjourn at 10:00 p.m. unless this rule is waived by the majority vote of the commission instead of unanimous.
Commissioner Evans commented that the vote should be unanimous.
Commissioner Larsen feels that one person should not be able to keep the meeting beyond
10:00 p.m..
Commissioner Larsen brought the attention to an application being passed by default and doesn't feel that should be able to happen.
Chairman McCann asked if any other commissioners had comments regarding this rule, and also stated that the rule requires a unanimous vote of the commission, not of the commissioners seated and voting. This needs to be addressed in reviewing that particular by-law.
Commissioner Evans has some suggestions regarding the by-laws in Article XII stating the Vice Chair and the Secretary being absent should be reviewed. In Article X it refers to he and it could be that person or commissioner or he/she instead of he, and feels that it should be changed.
It should be reviewed where it is stated in the by-laws regarding a commissioner appearing before another commission. It is not quite clear. In Article XIV, Section 2 it states that a copy of the minutes should be filed in the Town Clerks office, should it also state action minutes?
Michele Lipe indicated that action minutes do not need to be mentioned in that section of the by-laws.
Commissioner Evans commented on Article XVII and questioned if it should be reviewed. Also Article X should be reviewed regarding disqualification of a commissioner regarding an application possibility clarified.
Chairman McCann asked if Commissioner Evans would be interested in reviewing the current by-laws and coming forth with suggestions to the commission.
Commissioner Evans agreed.
ITEM: Discussion/Decision/Action regarding the following:
Commissioner Choate disqualified herself from items 1& 2. Cottle sat for Choate
Appl. 01-32P, OFS, request for a two year temporary and conditional permit
for storage facility, 260 Ellington Rd., I-291 CD zone
Michele Lipe indicated to the commissioners since the last meeting the applicant was asked to contact the Building Department to be sure that footings were not needed due to the fact the proposed structure would be located in a drainage easement area. There is a provision under the building code that a one-year temporary structure, no footings would be required. The applicant could after one year apply for an extension for one year providing the building department approves it. It is not the intention of the applicant to apply for an additional year.
Motion was made to approve this application for a one-year temporary and conditional permit by Commissioner Evans, seconded by Commissioner Kennedy. 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
Motion was made to approve renewal of two-year temporary and conditional permit with all previous conditions by Commissioner Kennedy, seconded by Commissioner Wentzell. The motion carried and the vote was unanimous.
Several commission members commented on the Watson House being an asset to the Town of South Windsor.
Appl 01-37P, Sirois, Robert, request for a 5 year in law apartment, 58
Countryview Drive, A-30 zone
Motion was made to deny this application because it doesn
Commissioner Wentzell commented that having the garage door in the middle of the structure gives the appearance of a duplex and not a one family dwelling.
Commissioner Larsen concerns is what do we do now that this addition is already built and whether or not we can request modifications to the structure.
Michele Lipe responded that if you do not approve this application the kitchen would have to be removed but the outside of the structure would not change and it would remain as an addition.
Commissioner Montana commented that there are not two entrances present in the front of the house.
Commissioner Evans commented that she couldn't see the commission denying this application, but feels we should consider approving for two-years rather than five years and review the status of the in-law apartment in two years.
Commissioner Wentzell suggested that if the applicant knew all along a kitchen would be added that would change the addition to an in-law apartment and would require approval from the Planning Department, the applicant violated the Planning and Zoning Regulations and may set a precedent to further applicants.
Commissioner Kennedy commented that the manner of the applicant is questionable, but states that the dwelling is to appear as a single-family dwelling and does not state that it has to be a good looking dwelling from the exterior.
Motion to approve the application for five years
Was made by Commissioner Kennedy
Seconded by Commissioner Montana
Discussion ensued.
Commissioner Montana commented that if the credibility of the application is in question we should approve for only two years.
Commissioner Evans mentioned that only recently the approval for an in-law apartment was increased to a five-year period and that it would not be a hardship to the applicant to approve for a two-year period.
Chairman McCann agreed that due to the circumstances of how this application came forward to us, it should be approved for a two-year period and the status reviewed at that time.
Motion was made to amend this approval period from a five year to a two-year in law apartment was made by Commissioner Larsen, seconded by Commissioner Evans. The motion carried and the vote was as follows: 6-1: Larsen, McCann, Montana, Wentzell, Evans, Choate, aye; Kennedy nay
Call of the original motion as amended (2-years)
The vote was as follows: 6-1: Larsen, McCann, Montana, Evans, Kennedy, Choate aye; Wentzell, nay
Appl 00-53P Watson Farms, Discussion re: Sidewalks at Watson Farms
Ed Lassman, Attorney for the applicant, was present to request for approval of using bituminous concrete in lieu of concrete sidewalk. To avoid going over budget this change is being requested. If the plans were revised and eliminated something like air conditioning in the building project to still allow for the credits allowable in the rent. The South Windsor Housing Authority is a partner of this project and a letter was sent from Janet Prior, Executive Director, of the Housing Authority of South Windsor that was read into the record by Commissioner Evans. A letter to Geoffrey Sager, Metro Realty Group, Ltd., from the Connecticut Housing Finance Authority was read into the record.
Geoffrey Sager, Metro Realty Group, Ltd., addressed the commission regarding the importance of keeping within the budget. The mortgage for this project is funded thought CHFA and the rents are fixed and cannot be increased to compensate going over budget.
The commissioner had the following questions and concerns:
Commissioner Montana questioned what happened with the current budget that will not
allow for the concrete sidewalks.
Geoffrey Sager responded that concrete sidewalk were not in the initial budget,
and this been an issue since the time the application was approved.
Chairman McCann questioned the plans being presented at this meeting.
Ed Lassman commented that these were revised plans.
Motion to approve the applicant's request to use bituminous concrete in lieu of concrete sidewalks was made by Commissioner Kennedy, seconded by Commissioner Evans. The motion carried, and the vote was as follows: 6-1, McCann, Montana, Wentzell, Evans, Choate, Kennedy, aye; Larsen, nay
ITEM: PZC Sponsored Lighting Regulations
Michele Lipe handed the material out to the commission for review and the PZC Sponsored Lighting Regulations will be rescheduled for a future meeting date.
ITEM: Extend Meeting
Motion to extend the meeting past 10 p.m.was made by Commissioner Evans, seconded by Commissioner Kennedy. The motion carried and the vote was unanimous
ITEM: Strategic Planning
Michele Lipe indicated that this item could be rescheduled for the following meeting.
ITEM: BONDS:
Appl #99-59P Windsor Steel request to release landscaping and Inland Wetland bond
Motion to release landscaping bond in the amount of $3,000 and Inland Wetlands bond for $1,000 was made by Commissioner Evans, seconded by Commissioner Kennedy. The motion carried and the vote was as follows: unanimous
ITEM: MINUTES
The minutes from 10/2/01 and 10/9/01 were approved by consensus.
ITEM: Adjournment
Motion to adjourn the meeting at 10:15 p.m.was made by Commissioner Kennedy, seconded by Commissioner Wentzell. The motion carried and the vote was unanimous.
Respectfully Submitted,
Kelli Gaetano
Recording Secretary
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