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PZC Minutes 7-23-02
MEMBERS PRESENT:        Kevin McCann, Marshall Montana, Louise Evans, Sue Larsen, Patrick Kennedy, Suzanne Choate, Tim Wentzell

ALTERNATES PRESENT:     Bart Pacekonis
                                Roger Cottle

STAFF PRESENT:          Marcia Banach, Director of Planning

PUBLIC HEARING
Chairman McCann called the Public Hearing to order at 7:30 p.m.

Commissioner Evans read the legal notice as published in the Journal Inquirer.

Appl. 02-33P, Village at Buckland Court LP, request for a zoning regulation amendment to Section 4.20.2 Assisted Living Permitted Uses to allow medical services within the facility offered to the public as well as assisted living facility residents when property is in a commercial zone

Peter Sangermano one of the owners of Buckland Court, LP addressed the Commission proposing an amendment to allow medical services to the public within the assisted living facility.

Marcia Banach read the Planning Report:

Request for amendment to Section 4.20 of the zoning regulations to allow medical services that serve the public in addition to the residents of the assisted living facility. The current regulations allow accessory uses intended and designed for the maintenance and/or operation of the facility and/or the use of its residents. Since assisted living facilities are permitted in both residential and commercial zones, the proposed amendment specifies that medical services would be available to the public only in assisted living facilities located in commercial zones.
All of our existing commercial zones allow medical offices as a permitted use, which means that if an existing Assisted Living Facility located in a commercial zone presented a site plan application for an additional building for medical offices, that would be a permitted use. Thus the inclusion of medical offices in an Assisted Living Facility is consistent with underlying zoning.
The Town Plan of Conservation and Development does not include any information that assists in determining the consistency of this amendment with the Plan.
The main impact and consideration of this amendment would be for on-site parking. If this amendment is adopted, an assisted living facility would need to demonstrate adequate on-site parking in compliance with the existing parking requirements for medical offices.
CRCOG review.
Effective June 3, the Commission now has express statutory authority to modify zone change and zoning amendment applications, thus if the Commission has any modifications that would make a zoning amendment more acceptable, you may apply those modifications.
If this zoning amendment is approved, staff has no requested modifications.
Public participation in favor of the application.

Linda Howe was present on behalf of Dr. Michael Clements and read a letter into the record (exhibit A) in favor of this amendment.

Commissioner concerns and questions:

How much use of the South Windsor Family Practice (
        A survey was conducted and 53% of the patients are from the Village of Buckland at
        Court.

It was asked if this was a sole practitioner or a group and will there be a supplemental sign?
        
It will be a sole practitioner with staff support and there will be additional signage that will require Planning and Zoning approval.

It was stated by the Commission if the scope of the primary practice were to change the applicant would have to come back before the Planning and Zoning Commission.

It was mention that the language proposed for parking requirements is adequate and needs not to be addressed.

Could additional offices be added to the facility under this amendment such as an eye doctor, dentist, etc.?

Yes, but it have to would be brought before the Planning & Zoning Commission and it would have to be shown that the Village at Buckland Court residences are an integral part of the practice.

Commissioner Evans read a letter into the record from ProHealth in favor of this application (Exhibit B).

The public hearing on this application closed.

Appl 02-22P, Metro Realty and South Windsor Housing Authority, request for Special Exception to Article 4.1.11 and Site Plan of Development for a 102 unit senior residence development to be known as

Ed Lassman representing Metro Realty/Housing Authority reviewed the application.  There is a license agreement in place with the owners of the Wapping Shopping Center allowing a sidewalk from
Ray Jefferson, Landscape Architect, gave a brief overview of the changes incorporated from suggestions of the PZC and the IWA/CC.

The culvert and grades have been modified.
Incorporated Commission
Add evergreens along the property line on abutting properties
Increase the buffer facing Felt Road
Refined grading to create mounds and berms for planting.

Peter DeMallie stated the Inland/Wetland approved this application on July 10, 2002.  DeMallie submitted a sidewalk plan showing the interconnection between
Revised the access drive from 15 ft to 13 ft. to allow for grading
Traffic engineer submitted a traffic report
Proposed sidewalk plan
Larger landscaping plantings
Guide rail recommend by the Town Engineer
Right turn in/right turn out only at the Oakland Road entrance.
Perforated pipe has been installed in selected areas.
Larger sidewalks in front of parking spaces
Modify sidewalk slope
Flattened out the grades near the pond.

DeMallie reviewed the comments of the Town Engineer
Note on plans of the final design of the retaining walls and guide wall.
Guide rail should be provided where there are three to one slopes.
The separation distance between buildings has been addressed.

Barry Ellison, Project Engineer with DPI, reviewed the special exceptions criteria which all have been met:

Traffic impacts will not be detrimental to the residential area of the neighborhood.
Impact not detrimental to the capacity to proposed utilities.
No adverse environmental impact will be created.

Marcia Banach reviewed the Planning Report and also read the Engineering Report in Jeff Doolittle
Planning Review:

At the previous hearing it was asked that the town staff review where the primary entrance should be located due to comments from the last public hearing.  Town staff indicated at that time a right turn in/right turn out on Oakland Road and the main entrance be located on Felt Road where there is a full traffic signal would be the best location.

Engineering Review:

The final design of the retaining walls must be submitted to the Town Engineer for review and approval.  The retaining walls and stone walls along the driveways need to have abutments and/or guard rails to help prevent vehicles from going over them

A 4 foot fence needs to be installed along the top of all retaining or stone walls with a drop over 4 feet on a side, to help prevent people from falling off these walls.

A guardrail should be provided along side the road where there is a down slope of 3H:1V or steeper.

This site is very tight as proposed and I believe it would be very beneficial to provide more space between the pavement and the buildings and between each of the buildings.

There was no public participation.

The Commission had the following questions and concerns:

Commissioner Montana inquired how long would this housing be guaranteed adult housing even when the mortgage is paid in full?

Geoffrey Sager, Metro Realty Group, responded 70 years.

Commissioner Choate asked for clarification of wall height and fencing.

DeMallie responded that the wall height increased which eliminated the need for additional fencing.

Commissioner Cottle asked if there is any room to spread out the units to satisify the Engineering comment #4?

DeMallie stated all the economical factors require the 102 units on the site.

Banach added that the only way to would be to lose units.

Commissioner Pacekonis asked if these units have additional storage or garages?

Sager responded there is no additional storage.

It was also asked how the complex would be serviced for recyclable and refuge?

DeMallie indicated there will be a private service that the residences will pay for at selected locations throughout the development that will be landscaped and screened (Sheet 2 of the Plot Plan noted)

Chairman McCann questioned the handicapped accessibility of the development.

Sager indicated there is only one obstruction that would not allow access and that is the upper level threshold (because of building codes, but a ramp could be constructed).  The ADA requirements are all met throughout the development.

Commissioner Evans made reference to a note on the plans that certain water rights may still be in existence?

DeMallie indicated there might be water rights referenced from an old deed, which is not unusual.

The public hearing on this application closed.

Appl 02-43P, CREC/Polaris Center, two-year Temporary and Conditional Permit to operate the Polaris Center Educational Program 425 Sullivan Ave., I Zone

Commissioner McCann inquired if there was someone present to represent the applicant because it was indicated the applicant would reschedule the Public Hearing to a later date.

Marcia Banach responded the applicant would reschedule the Public Hearing when all the outstanding issues are resolved.

The Public Hearing closed and a brief recess was taken before the Regular Meeting in the Madden Room.

REGULAR MEETING
Chairman McCann called the meeting to order.  There was no public participation.

ITEM:  Discussion/Decision/Action regarding the following:

Appl 02-43P, CREC/Polaris Center, two-year Temporary and Conditional Permit to operate the Polaris Center Educational Program 425 Sullivan Ave., I Zone

Chairman McCann stated due to the Public Hearing not being heard this application will not be addressed.

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

Commissioner Evans and Chairman McCann stated they both listened to the second public hearing tapes at which they were both absent.

There was a brief discussion regarding the location of proposed sidewalks to Sullivan.

Motion to approve with the following modifications was made by Commissioner Wentzell

This approval is for 38 lots, numbered 1-38.
Concrete sidewalks, built to Town specifications, shall be installed on one side 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 3 bonds: $25,000 to ensure proper installation and maintenance of erosion controls, and stabilization of disturbed areas associated with the installation of the road and stormwater system; $50,000 to ensure the property installation and establishment of proposed created wetland areas for the purpose of mitigation of wetland disturbance; and $25,000 to ensure adequate and proper installation of stream stabilization materials.
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 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.
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. All bonds shall conform to the enclosed bond policy and shall be posted prior to filing the final plans in the Town Clerk
If the developer chooses to submit a Letter of Credit for a one-year term, 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 $1900 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 #9 on the plot plan must be modified to state: Roof runoff from individual sites must be directed via overland flow to adjacent wetlands.
Note #11 on the plot plan must be modified to state that intensively maintained turf grass will not be allowed in upland review areas. Transition areas of native herbaceous or shrub species must be planted between developed areas and native vegetation.
Road sub-base requires 12 inches of gravel. The pavement section will be 4 inches of bituminous concrete, 6 inches of processed aggregate base, and 12 inches of gravel sub-base.
Include a note on the plans that each of the detention basins is sized for ____% or _______ square feet of impervious coverage for the entire subdivision. This information will be used for future site analysis as lots are developed.
A concrete sidewalk, 4 feet wide, is required on the west side of the existing portions of Patria Road and Schweir Road, from Sullivan Avenue to the beginning of the proposed extensions of the roads. Both ends must terminate with a ramp from the sidewalk to the street.
Seconded by Commissioner Larsen.  The motion carried and the vote was unanimous.

Appl 02-28P, Horseshoe Lane Associates, amendment to Section 4.1.12.c to increase the maximum number of units allowed under the Senior Residence Development to 250; to Section 4.12.h to allow unit sizes up to 2,000 square feet (up to 30% exceeding 1800 sq ft, at least 30% of units must be 1,400 square feet or less), and allowing up to 6 units per building; and Section 4.1.12.f Density Requirements to decrease allowed density from 4-10 units per acre to 3-5 units per acre depending on mix of single family and multi family units
Banach gave a review of the Planning Report to the Commission.

There was a discussion of the Commission regarding several issues as noted:

Whether or not there should be a cap on the amount of units that could be developed and does the cap serve any purpose.

The size of the units and density of a development.

Having a variety of housing that will serve the needs of South Windsor.

There are concerns that the units will be all built too large with maximum increased to 2,000 square footage and without a cap there could be an abundance of senior housing that will not benefit all senior needs.

It was stated why have a cap?  If the builder can market larger units then we should let the size of the units be market driven.

When we have a cap, the process to increase it takes time and puts developers on hold.  There is not a lot of buildable land in town.  The market should decide the size of the units.  By restricting the size of a unit you can drive the market up in price.

There is feeling that it should be stated in the POCD that rural preservation areas should be eliminated for Senior Residences Developments.

A concern is the lower income senior residences will not be able to afford market driven larger Senior Residence Development and will be driven out of town.

There was mention of strengthen the language stating larger units will not be built in a development without the smaller units being included in the SRD regulation.

Motion to approve the proposed changes to Section 4.1.12c, 4.1.12h, and 4.1.12f as noted in the proposal from Design Professionals, Inc., dated May 22, 2002, was made by Commissioner Wentzell, Seconded by Commissioner Kennedy

Motion to amend the motion by deleting the total cap sentence was made Commissioner Kennedy.  There was no second.

There was a discussion of the Commission.

Motion to amend the Senior Residences Development
Motion to amend Section 4.1.12h to add the minimum number of units 1,400 square feet or less per development shall be 30% was made by Commissioner Larsen.  The amendment was accepted as a friendly amendment.

The original motion as amended was voted on to accept the amendment as proposed from the letter from Design Professionals with the changes that the SRD

Appl 02-38P, 280 Sullivan Ave Assoc., request for site plan modification for conversion to office space, on property located at 280-305 Sullivan Ave, I zone

Peter DeMallie was present to represent the applicant requesting modification to convert a shed on the property to office space and a shop area (on the former Rex Lumber yard).  There are minimal changes on the site; the vast majority of the changes will be in the interior of the shed.  There will be the installation of a water line and sanitary sewer line.

Marcia Banach reviewed the Planning report:

Request for site plan modification approval for the conversion of a portion of the existing tobacco barn into office and manufacturing space, on property located at 280 Sullivan Ave, I zone. (This is the former Rex Lumber site, and is not one of the most attractive sites in Town.) Maximum impervious coverage allowed is 65%.  The site currently exists with 90% impervious coverage.  We have asked the applicant to address this issue. Existing building height is 17 feet; 40 feet allowed. Lot size is 4.43 acres; minimum lot size allowed is 20,000 square feet. Frontage is 672 feet; minimum allowed is 100 feet. Front yard setback is 65 feet, 35 feet allowed.
There is no new outdoor storage being proposed, however there is much outdoor storage existing on this site. The applicant is currently using an open barn, adjacent to the proposed office area, to display the sheds. However, we have had to remind the applicant on occasion that the sheds cannot be displayed in the parking area. On a site visit today I noticed that there was one shed that was outside the designated display area, and one shed half out of the display area.
There is also a significant amount of material stored on the side of and behind the building. It appears that some of it encroaches onto the abutting property.  Does the applicant have an agreement with the abutter for use of this land? It seems that this material is only accidentally not fully visible from Sullivan Avenue, as there does not appear to be any attempt to screen these materials.
In addition, during a site visit today Michele Lipe observed a truck dump a significant amount of brush material onto this site (adjacent to the westerly property line). There is also a pile of wood chips on the Sullivan Avenue frontage. What is this dumping about? And why?
Parking requirements for the uses on this lot total 67 spaces.  The site currently has 60 spaces; the applicant is adding 7 new spaces. All new spaces must be a minimum of 5 feet from the property line to meet today
The ADRC reviewed this proposal and had the following comments:
·       Some landscaping treatment be considered in front of the new office area. It could consist of planters.
·       Sizes and quantities should be added to the landscape list.
No new lighting is being added to the site.
There is no new freestanding signage proposed (there is an existing sign on site).  Heartland Industries has put up a small building sign.
There are regulated wetlands on the site, however no permit is required for the activity proposed.
Water Pollution Control Authority is required for the sewer connection.
There are no new dumpsters being proposed, however there is a dumpster adjacent to this building that should be placed on a concrete pad and screened.
If this application is approved, the Planning Department requests the following modifications:
·       Outdoor storage must be addressed
·       Dumpsters must be placed on concrete pads and screened
·       Landscaping along the Sullivan Avenue frontage
DeMallie responded to the comments of the Planning Department and ARDC.
The Commission had the following concerns:
Would like to see some screening from the street to the open shed.
There is concern of the removal of trees to install the water line.
There should be no outdoor storage and occasionally you see outdoor storage on the site.
There is also concerns regarding the occasional flooding of the parking area.
Motion to approve with modifications was made by Commissioner Wentzell

Prior to commencement of any site work, a meeting must be held with Town Staff.
An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.10 of the Zoning Regulations.
A landscape bond in the amount of $5000 is required and must be submitted prior to filing of mylars.
All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
WPCA approval is required.
The building street number must be included on the final plan.
A note must be added to the plan indicating that the 90% impervious coverage.
Any new parking spaces must be located 5 feet away from the property line, with landscaping located within the 5-foot area.
No outdoor display of products is permitted. Outdoor storage of other material must be screened.
Landscaping is required along Sullivan Avenue frontage; landscaping plan must be reviewed and approved by the Commission. The excess area within the existing gravel area along Sullivan Avenue north of the drainage swale is to be converted to a landscaped area.
Existing dumpsters must be placed on concrete pads and screened.
Engineering comments dated 7/17/02 must be addressed to the Town Engineer
Seconded by Commissioner Kennedy.  The motion carried the vote was unanimous.

ITEM: Extend Meeting

Motion to continue meeting beyond 10:00 p.m. was made by Commissioner Choate, seconded by Commissioner Kennedy.  The motion carried and the vote was unanimous.

ITEM: Reconsideration

Appl 02-28P, Horseshoe Lane Associates, amendment to Section 4.1.12.c to increase the maximum number of units allowed under the Senior Residence Development to 250; to Section 4.12.h to allow unit sizes up to 2,000 square feet (up to 30% exceeding 1800 sq ft, at least 30% of units must be 1,400 square feet or less), and allowing up to 6 units per building; and Section 4.1.12.f Density Requirements to decrease allowed density from 4-10 units per acre to 3-5 units per acre depending on mix of single family and multi family units

Motion for reconsideration was made by Commissioner Kennedy, seconded by Commissioner Wentzell.  The motion carried and the vote was unanimous.

Motion to approve the motion previously passed with the addition that we specifically find these regulatory changes consistent with the Town Plan of Conservation and Development was made by Commissioner Kennedy, seconded by Commissioner Choate.  The motion carried
and the vote was unanimous.

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 Holmes, Recording Secretary