Commissioner Choate inquired the size of fenced in area and if there is an agreement between Blondie
Gagliardi did not know the size at this time. It was stated that the parking in the used car lot would not be needed.
Commissioner Evans asked how would the clean up be managed.
Gagliardi stated there will be trash cans all around the area, and the entertainment will end at 6:00 p.m. to allow clean up of the area.
Commissioner Evans stated a maximum number of people should be established and asked if patrons are parking in adjacent lots.
Gagliardi stated that patrons now are only parking in Blondie's lot, and would only be parking in their lot for the outdoor entertainment.
Commissioner Evans stated she has concerns with the noise level.
Commissioner Montana inquired if the wooded area that is going to remain wooded, and also asked about placing the band in an area where it would have the least amount of noise toward the residential area.
Gagliardi stated the wooded area would remain unchanged, and that they would place the band in the best area to reduce the noise.
Commissioner Larsen asked the time frame during which this outdoor area would function, and stated there should be some consideration for lighting and a cross walk for the patrons crossing the parking area.
Gagliardi state the time frame would be from June 1 to October 1. It was stated that there will be people stationed to monitor the parking area as people come and go.
Commissioner Bazzano asked if there was a Fire Marshal capacity on the building.
Gagliardi stated he did not know.
Commissioner Bazzano inquired if the plans were accurate regarding the size of the fenced in area and if smoking would be permitted/
Gagliardi responded it was just a rough drawing and smoking would be allowed.
Commissioner McCann asked where patrons are parking now, and how many cars park in the front and back of the building, and if the spaces have markings.
Gagliardi responded that parking is both in front of and to the rear of the building, with 25 cars to the front and approximately 75 cars to the rear. There are no parking stripes.
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Commissioner McCann addressed his concerns and the concerns of the Commission:
It is not shown on the plan how the traffic and pedestrian flow will be controlled.
How many people will be in the wooded area and the size of the wooded area?
There is concern that the alcohol being served inside the café is being brought outside the building.
Will there be trash receptacles in the fenced in area.
Where the cook out will be located.
It needs to be shown if there is any clearing in the wooded area.
Commissioner Cottle inquired where the food was going to be cooked because it was not clear.
Gagliardi responded that the food would be cooked behind the building but not within the wooded area.
Commissioner McCann stated to the applicant that there are many areas that are not clear and the applicant has choices: the Commission may keep the public hearing open to bring forth more information and address the concerns of the Commission; the applicant may choose to withdraw the application at this time and resubmit with further details, or the Commission could close the public hearing as is.
The applicant requested a continuation of the hearing. The public hearing was continued to June 11, 2002.
Appl, 02-20P, RSK, Kellco Resubdivision, request to create one lot at the westerly end of Ordway Drive, A-20 Zone
Peter DeMallie was present to represent the applicant. DeMallie gave an overview of the application. IWA/CC approval was not required. The Zoning Board of Appeals granted a frontage variance in March 2002. This lot will be serviced by septic system and public water. This is a resubdivision from a subdivision approved in December 2001, this lot is now known as 58 Ordway Drive.
Banach read the Planning Department report:
Request for approval of a one-lot resubdivision at the end of Ordway Drive, A-20 zone.
The proposed lot is over 1 acre, ½ acre required. Required lot frontage is 100 feet, however, a variance was granted in March 2002 to allow a lot without frontage at the end of the cul-de-sac. The remaining property will be about 12.5 acres with over 550 feet of frontage on Ellington Road.
There are regulated watercourses on the property, however, since no activity is proposed, no IWA/CC permit is needed.
The property will be served by public water and private septic system. Bob Deptula, Town Sanitarian, has reviewed and approved the plans.
If this application is approved, Planning Dept. has no requested approval conditions.
Doolittle read the Engineering report:
No footing drain was provided for the house needs to be shown on the plans.
A note to include that all construction to conform to the Town of South Windsor Public Improvement Specifications.
The Commissioner had the following questions/concerns:
Commissioner Choate asked if the Ordway Drive cul-de-sac is a temporary or permanent cul-de-sac?
Banach responded permanent.
Chairman McCann asked which lot parcel 1A is being carved out of?
DeMallie responded it is being taken from the Skinner property
Chairman McCann inquired if an easement is need for Parcel 1 for the driveway?
DeMallie responded there is an easement for gas, electrical, and travel that is just under 3,000 square feet.
The public hearing closed at 8:20 p.m. and there was a ten-minute recess.
REGULAR MEETING/MADDEN ROOM
Chairman McCann called the meeting to order.
There was no public participation to speak on any item not on the agenda.
Discussion/Decision/Action regarding the following:
Appl 02-16P, Estate of Richard Kibbe, request for resubdivision to create two lots and to keep up to three horses on property located on the easterly side of Long Hill Road, northerly of Burnham Street, RR, RR/O Zone
Banach reviewed Planning Department Report:
Commissioner Cottle was appointed to sit for Commissioner Wentzell who was absent.
Commissioner Montana asked for clarification regarding the wording for horses and which lot the horses will be on?
Banach responded that the horses will be on Lot 2, and the approval letter will specify on which lot the horses would be located.
Motion to approve with modifications was made by Commissioner Evans, seconded by Commissioner Choate. The motion carried and the vote was unanimous.
Following is a list of approval condition for Appl #02-16P Estate of Richard Kibbe:
This approval is for 2 lots, numbered 1-2.
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.
This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission.
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.
Septic system and/or private well final design(s) must be submitted to and approved by the Environmental Health Officer prior to filing of mylars and issuance of building permits.
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 $100.00 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.
Note #21 on the plans must be applied to the driveway for Lot #2.
Existing speed sign should be relocated and should be coordinated with the traffic authority.
Appl, 02-20P, RSK, Kellco Resubdivision, request to create one lot at the westerly end of Ordway Drive, A-20 Zone
Commissioner Montana recused herself from this application and Commissioner Bazzano was appointed to sit for this application.
Motion to approve with modifications was made by Commissioner Kennedy, seconded by Commissioner Cottle. The motion carried and the vote was unanimous.
Commissioner Kennedy amended the approval condition number 11 exception that no footing drains are to be required. Commissioner Cottle made a seconded to the amendment.
The following are the approval conditions for Appl 02-20P RSK Kellco Resubdivision:
This approval is for one lot.
Drainage and construction for this subdivision is subject to the approval of the Town Engineer.
This lot shall be septic system and subject to the review and approval of the Town Sanitarian.
All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
Water shall be supplied to this subdivision by public water.
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.
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.
Septic system and/or private well final design(s) must be submitted to and approved by the Environmental Health Officer prior to filing of mylars and issuance of building permits.
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.
The Town Engineer
Appl, 02-26P, Sundae Afternoon Restaurant, request for outdoor dining at 856 Sullivan Ave, GC zone
Robert Jenco was present to request approval for outdoor picnic tables for outdoor dining. The tables would be located outside the front, with trash cans nearby. The picnic tables will be put away for storage in the winter.
Banach read the Planning Department report:
Request for approval for outdoor dining at Sundae Afternoons on Sullivan Avenue, GC zone. The applicant requests three outdoor picnic tables in front of the restaurant.
Section 5.10 allows seasonal outdoor dining with conditions including:
adequate parking;
the outdoor dining does not interfere with or create hazards for pedestrians and vehicular traffic,
adequate trash disposal,
No outside audio systems, and
All tables, chairs, trash receptacles must be removed at the end of each outdoor season.
Existing parking appears to be adequate.
If this applicant is approved, Planning Dept. requests no additional approval modifications
Motion to approve with modifications was made by Commissioner Kennedy, seconded by Commissioner Choate. The motion carried and the vote was unanimous.
Appl 02-11P, 420 John Fitch Blvd LLC, request for a Special Exception to Article 6.1.3.7 for a 27,216 square foot Materials Reduction Facility for property located on the easterly side of John Fitch Blvd and northerly of Chapel Road (420 John Fitch Blvd), I Zone
Commissioner Cottle sat for Commissioner Wentzell for Application 02-11P.
Commissioner Evans stated she questions the status of this lot as it is a non-conforming and seems like it needs a public road rather than a private road.
Evans referred to the Plan of Conservation and Development (POCD) which was referred to several times by the applicant. On page VII-4, Solid Waste, Hazardous Waste, and Sludge Disposal, item #2:
The applicant also referenced the existing recycling facility on Nutmeg Rd. That facility is smaller and is not in an area of heavy residential use. That facility also is operated by an operator that has a proven track record all over the country, while PZC does not know who will run the proposed facility. Also, the Nutmeg Rd facility was originally approved for white goods & cardboard, then returned at a later date and was subsequently approved for C&D uses.
This application is vastly different from Nutmeg Road. Inadequate and vague information was presented on this application. The responses to the questions were only general answers. It was stated
Evans reviewed Special Exception criteria in Section 6.1.3 and noted that goals and objectives of the POCD are not met. There are concerns about the traffic such as getting into the correct lane to make the left turn from Route 5 onto Chapel Road. She is not sure of the negative impact on property values because not enough information was presented.
Evans noted that it could be said this land is physically suited for this use because it has been used in a similar manner in the past, but the proposed use will not be an upgrade to this site even though it wouldn
One of the biggest concerns under the Special Exception is the balance between neighborhood acceptance and community needs. Our community is South Windsor and does include Pleasant Valley School, Chapel Hill Condominium, etc. Proposed utilities would be all right if they were public and not private.
Commissioner Kennedy stated that for a Special Exception the applicant has to meet all the criteria for approval, and reviewing the evidence from the three nights of Public Hearing there are three they don
Adverse environmental impacts
It also needs to be proven that there will be no negative impacts on property values created. There were three expert opinions at the Public Hearing stating through their experience as realtors whether this use will have negative impact. The applicant had a written opinion from Mr. Hagearty stating that there will be no negative impacts, which did not include people's perceptions. There were not only people from the immediate area at the public hearing but from other areas in town as well. The concern regarding the application was town wide. It was stated that Mr. Mongeon and Ms. Harris have both seen first hand the impact an application of this type can have on property values. Mr. Hagearty seemed to rely on overall upward trend of values in South Windsor. Even though property values
don't go down, there is still a negative impact if values near the proposed recycling facility don't go up as much as other areas.
There needs to be a balance of neighborhood acceptance and community needs. In this case there is a profound lack of balance. The applicant has tried to torture the language of this beyond recognition. There has been a great deal of negative testimony with no favorable testimony and just because people don't show up at the public hearing doesninclude the entire region.
The Economic Development Commission (EDC) opposes this facility and feels that this type of development in this area may discourage other businesses from coming into the area. The applicant response was the EDC does not have the right plan for South Windsor. The applicant has failed to meet three of the criteria for Special Exception and this applicant must be denied.
Commissioner Montana stated the applicant mentioned they did not have a chance to present this proposal to the EDC. She noted, as a real estate appraiser, that this application has a great potential to impact property values. She stated that she cannot see how the noise can be reduced when the doors will be open so often.
There is also a concern for Veterans Memorial Park and Chapel Hill Condominiums regarding the noise and the dust emissions in the air. The traffic is a concern with the added trucks on the roadway coming out onto Route 5.
Commissioner Cottle stated the applicant responded to his question of the
Commissioner Choate stated a number of the Special Exception criteria have not been met including traffic, property values, environmental impact, and neighborhood acceptance.
Commissioner Larsen stated for the record she listened to tapes since she was late to the meeting and feels qualified to sit in judgement. Not knowing whom the operator is the applicant cannot meet the Special Exception criteria. Having a dialogue with the operator, who would have precise information, might alleviate the fears of the community. She cannot support this application without knowing whom the operator will be.
Commission Pacekonis mentioned for the record he had missed a meeting and listened to the tapes to be informed, and doesn
Commissioner McCann stated he approached this application with the understanding that this is an Industrial Zone, and Industrial Zone uses are appropriate and acceptable for that zone. The public coming out in opposition is not determinative. We need to focus on this application and determine whether or not it meets all the criteria. The Regulations say the uses for Special Exception are also subject to Section 6.1.2.5, performance standards, including air emissions. Answers to questions regarding the air handling, misting operation, and noise from the air handling and crushing was more theoretical than anything else. The Commission needs to see details to see if the application meets the criteria. The applicant has stated not to worry we will meet the criteria. The Commission
hasn
Motion to deny due to negative impacts on property values will be created, adverse environmental impact will be created, no balance between neighborhood acceptance and community needs, and traffic safety concerns was made by Commissioner Kennedy, seconded by Commissioner Larsen. The motion carried and the vote was unanimous.
Commissioner Cottle sat for Commissioner Wentzell for Application 02-11P.
Appl 02-18P, South Windsor Technologies Center, LLC, request for a 38 lot industrial subdivision on 80 acres located south of Patria Road and Schweir Road, east of Route 5, I Zone
Motion to waive the fee for resubmission of the application was made by Commissioner Evans, seconded by Commissioner Kennedy. The motion carried and the vote was unanimous.
Salt/Sand Facility, Burgess Road, South Windsor
Motion to approve the handling of this application at staff level was made by Commissioner Evans, seconded by Commissioner Kennedy. The motion carried and vote was unanimous.
Chairman McCann informed the Commission that he had a call from Marge Anthony, Chairperson, for the EDC with concerns regarding the POCD. Their concern is EDC did not have the opportunity to have input on the POCD during its development. A packet is being distributed to EDC members and a joint meeting to be scheduled on June 18, 2002.
The Commission had a discussion regarding the POCD coming before the Town Council for Public Hearing.
ITEM: Adjournment
Motion to adjourn the meeting at 9:50 p.m. was made by Commissioner Kennedy, seconded by Commission Choate. The motion carried and the vote was unanimous.
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Kelli Holmes Date Approved
Recording Secretary
