MEMBERS PRESENT: Kevin McCann, Louise Evans, Patrick Kennedy, Suzanne Choate, and Tim Wentzell
ALTERNATES PRESENT: Bart Pacekonis
Roger Cottle
Gary Bazzano
STAFF PRESENT: Marcia Banach, Director of Planning
PUBLIC HEARING – COUNCIL CHAMBERS
Chairman McCann opened the Public Hearing at 7:30 p.m.
Commissioner Evans read the legal notice as published in the Journal Inquirer.
Appl 02-43P, CREC/Polaris Center, two-year Temporary and Conditional Permit to operate the Polaris Center Educational Program 425 Sullivan Ave., I Zone
Jean Gilmore, was present to represent the applicant. The proposal is to relocate the Polaris Center students and staff for two years to a new location at 425 Sullivan Avenue. There will be approximately 60 students during the hours of 8:30 a.m. to 4:00 p.m.. There will be no large buses accessing the site, small vans will transport the students. There will be minimal internal improvements, and the applicant has already met with the Chief Building Official and Fire Marshal.
Marcia Banach reviewed the Planning Report:
Request for temporary & conditional permit to operate the Polaris Center educational facility in the former Gerber building at 425 Sullivan Avenue, I Zone, while the Center’s permanent facility in East Hartford is undergoing renovations. There are no external modifications to the building or site needed by the applicant. The applicant proposes to operate the facility for about 60 students Monday-Friday from 7:45a.m. to 4:00 p.m., with occasional weekend use.
A Temporary and Conditional permits may be granted by the Commission for a use which is not specified elsewhere in the regulations for a period not to exceed two years. Such approval may be given if, in the judgement of the Commission, the public convenience and welfare will be substantially served, and the appropriate use of neighboring property will not be substantially or permanently injured, and traffic and other hazards will not result from such use.
The site is well able to handle the parking and student drop-off and pick-up needs for the temporary school facility.
The site is currently serviced by public water and sewer.
South Windsor Police Department has reviewed this application and does not have any traffic issues.
If approved, the Planning Department has no requested approval modifications.
There was no public participation. The Commission had no questions or comments. The public hearing closed.
Appl. 02-44P, Superior Northeast 2-year Temporary and Conditional permit for a 30’ X 60’ temporary storage tent on property located at 24 Jeffrey Drive, I zone
Rick Theriault, Superior Products, representing the applicant Superior Northeast, requested a temporary and conditional two-year permit for a storage tent. This site is a shared property with Bahler Brothers and in the past two year Superior Northeast has outgrown their portion of the site. They are currently looking to relocate within South Windsor on Route 5 but have an immediate need to store and cover product from the elements and are proposing a 30’ x 60’ temporary storage tent on the site. This structure requires no occupancy, no utilities, or foundation.
Banach reviewed the Planning Report:
Request for approval of a temporary and conditional permit for a storage tent to house equipment at 24 Jeffrey Drive, I zone. The storage tent has already been erected; this application is here as a result of a zoning violation citation. The storage tent is approximately 30’ X 60’ and is located within the 35’ front yard setback. The Zoning Enforcement Officer has provided pictures of the tent; however, note that the tent is not nearly as visible from Pleasant Valley Rd as it appears to be in the pictures, as it is tucked behind a good-sized building.
The wording of the T & C permit regulation is that, “Temporary and conditional permits may be granted by the Commission for a 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 judgment of the Commission, the public convenience and welfare will be substantially served, and the appropriate use of neighboring property will not be substantially or permanently injured, and traffic and other hazards will not result from such use.”
4. If this application is approved, the planning department has no requested modifications.
There was no public participation. The Commission had the following questions and concerns:
Commission Bazzano asked for clarification of what items that would be stored within this temporary storage tent and how is this structure secured to the ground?
Theriault responded pipe fittings that have gaskets that will dry out if not stored properly.
Also, new equipment that is exposed to the elements is difficult to sell as new. The applicant would like to have this permit in place before the winter weather. The structure is staked to the ground with a wood sill around the perimeter.
Commissioner Evans commented that she has been to the site and agrees that this tent is not visible from Pleasant Valley Road but there are a lot of items stored outside on the site. Another concern is the parking area that the tent is now occupying. Is there ample parking for use of this site?
Theriault responded there is product outside on the site, but commented that ½ of the site is use by Bahler Brothers and some items belong to them. There is dedicated parking and handicap parking on the other side of the building designated for customers and employees.
Commissioner Cottle asked if the applicant expects to have this temporary storage tent indefinitely.
Theriault responded that they are currently look to relocate to the Route 5 area and expect to do so in the next year to eighteen months.
Commission McCann asked for clarification of the site as to customer and employee parking, number of employees, how you access the property, where deliveries are received, how the product is delivered. It is important that the Commission understands the use of the property.
Theriault responded that Superior Northeast is a division of Superior Products in Milldale, Connecticut. Their major business is construction supplies sales and rentals. They supply boots, rain gear, wheelbarrows, shovels, etc. They also supply pipe and pipe fittings for water and sewer, large equipment such as compressors, mixers, generators, bobcats, etc. for sale and rent. Superior Northeast deals with construction companies, landscapers and the business is approximately 50% sales and 50% rentals. There are six employees on site.
Chairman McCann questioned the storage tent location within the 35-foot set back from the street and inquired why the structure is within that setback and if this storage tent increases Superior Products business.
The applicant indicated that the site is shared with Bahler Brothers and they have all of the ideal locations on the site. The structure was placed in the most level area of the site which is within the setback. The temporary storage tent will be located at the side of the building. This temporary storage does not expand the size of the business and the tent will be used strictly for storage to keep materials out the elements.
Chairman McCann inquired how long this temporary tent has been in this location and has there been any complaints from area neighbors?
Theriault responded Superior Northeast applied for a temporary and condition permit on June 19, 2002, as a result of a zoning violation. The tent was in place without any approvals. The applicant indicated they were not aware of the approval process in the Town of South Windsor, due to not having to apply in other towns. The applicant is coming forward to apply for a two-year temporary and condition permit before moving the storage tent. The applicant would have to contact Bahler Brothers to see if they would allow the tent to be relocated to a rear area of the site, which is part of the Bahler Brothers site. Superior Northeast will be actively looking to relocate to another site in South Windsor on Route 5 over the next year due to growing out of their current location.
They have no intention of keeping this structure permanently on the site.
Commissioner Evans asked the applicant if their only business is to sell and rent?
Theriault responded that there is no manufacturing. Superior Northeast is distributor of retail supplies and rental.
Commissioner Evans inquired to Director of Planning, Marcia Banach, when the applicant is in search of a new location on Route 5 should they possibly be looking to relocate to a General Commercial (GC) Zone due to the selling of home products and supplies to the homeowner.
Banach responded that heavy construction equipment is always in an industrial zone whether it is rental or retail. This is a situation that will need to be reviewed.
Commissioner Wentzell stated if it is the intention of the applicant to have the temporary storage tent long-term it could be problematic with the Planning and Zoning Commission.
The public hearing closed.
Appl 02-41P, Vipul Patel, request for a two year temporary and conditional permit for the storage of boats on the “Nitey Nite “ Motel site, located at 1519 John Fitch Boulevard, GC zone
Vipul Patel, owner of the Nitey Nite Motel, was present and is applying for a Temporary and Conditional permit to allow G&R Marine, the adjacent property, to store boats on the Nitey Nite Motel site. Patel indicated that he has enough storage space for the boat storage without interfering with the parking at the Motel.
Richard Mellen, G&R Marine, stated he would like to rent property from Mr. Patel for storage of new boats which would allow for customer parking in the front of G&R Marine. Mellen stated the storage will be displayed neatly on the site.
Marcia Banach reviewed the Planning Report:
Request for Temporary & Conditional permit for storage of boats in the motel parking lot next door to G & R Marine, GC zone. This application is in front of you as a result of a zoning violation citation for outdoor storage of boats without screening and without site plan approval from this Commission.
We note that storage of boats in front of the building at G & R Marine is an ongoing issue also. When the site was approved for boat sales in 2000, the Commission expressed concern that boats would end up in front of the building and was assured by the owner that all boats would be parked behind the gate. The owner subsequently returned to the Commission requesting permission to temporarily store boats out front just while the addition was being constructed in the rear of the property. The Commission gave temporary permission, and limited the boat parking to the row of parking spots closest to the building. In any event, the boat storage in front of the building was supposed to cease when the addition was completed. The addition appears to have been completed in summer of 2000, but
a Certificate of Occupancy has not been issued as yet because the owner has never provided an as-built record drawing as required to obtain a C.O.
G & R Marine received another Temporary & Conditional permit from the Commission in August 2000 to allow storage of boats on property located on Glendale Road. That permit expired on August 1 of this year, and there are still boats and trailers on the Glendale property.
Temporary & conditional permits may be granted by the Commission for a use which is not specified elsewhere in the regulations, if the public convenience and welfare will be substantially served, and the appropriate use of neighboring property will not be substantially or permanently injured, and traffic and other hazards will not result from such use. Outdoor storage is permitted in GC zones, but requires specific approval from this Commission and must be screened from view of any public streets.
If this application is approved, the Planning Dept requests an approval condition requiring the owner of the boats, G & R Marine, to provide an as-built drawing, obtain a C.O., remove any boats that are stored in front of the building or gate, and refrain from placing boats in front of the gate or building in the future.
The Commission has the following question/concerns:
Commissioner Cottle questioned why the as-built plan was not submitted to the Building Department for issue Certificate of Occupancy?
Mellen stated he did not know he needed to submit a record as built for a Certificate of Occupancy and will take care of that next week.
Commissioner Wentzell stated this is an awkward mixed use of a property, and asked whether the applicant has a long-term plan.
Mellen responded he has another location (Mellen Marine) that is currently being leased and can be taken over when the lease expires if they do not renew. Mellen also owns property on Glendale Road that might be another possibility.
Commissioner Kennedy questioned where the boats would actually be stored as shown on the plan submitted.
Mellen responded that the boats would be stored along the side of the property line of the Nitey Nite site for 24-hour storage. The boats will be stored along Route 5 during the day only in back of the shrubs keeping them away from the access driveway and will be removed at night.
Commissioner Kennedy asked Banach if she was aware of the proposed daytime storage along Route 5 in front of Nitey Nite Motel. It was asked if there are any circulation problems within the parking lot with the storage of the boats. Banach responded that she was not aware of this frontage storage and not aware of any circulation problems.
Commissioner Choate stated she feels that a current site plan with clearly marked spaces where the boats will be stored needs to be submitted so the Commission can fully evaluate this application.
Commissioner Evans inquired about the use of the Glendale property that Mellen owns and if boats were being stored on this location. The applicant responded yes. Commissioner Evans mentioned there is a current violation of G&R Marine for storing boats in front of the G&R Marine site, yet the applicant is looking to store boats in front of the adjacent site.
Commissioner Pacekonis asked what number of boats that will be stored at this facility. Mellen responded twenty boats would be stored on the Nitey Nite Motel site.
Commissioner Bazzano mention that looking at the plan submitted it seems if the boats are located very close to the entrance of the Motel. Mellen indicated that the boats on the frontage would be stored only during the day.
Chairman McCann stated that when G&R Marine received previous approval for occupation and use of this site, one condition was that no boats be stored in front of the building. Banach added at that time the site plan showed customer parking in front of the building, the storage of boats in the frontage was not requested nor part of the application.
Chairman McCann agreed with Commissioner Choate that the plan does not show various uses that are being requested by the applicant. In order for the Commission to accurately make a decision that applicant needs to present a more detailed site plan.
The public hearing closed.
Appl 02-40P, Michael & Susan Forcellina, request for a 5-year in law apartment for property located at 609 Foster Street, RR zone
Peter DeMallie was present representing the above applicant requesting a five year in law apartment. The Water Pollution Control Authority indicated that no approval is needed. The Zoning Board of Appeals granted a 7-foot side yard variance for the in-law apartment. The lot is located in the RR Zone. The proposed addition is 26’x26’ above a two car garage. The apartment will consist of a great room, kitchen, bedroom, and bathroom. This addition will enhance the property values in the neighborhood and the neighbors expressed support of the application. The applicant meets the criteria for an in-law apartment.
Banach reviewed the planning report:
Request for a permit for an in-law apartment at 609 Foster Street, RR 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 gfa (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.
The applicant is proposing to construct a second bay to the garage and include the in-law apartment on the second floor. It is proposed to be 676 sq ft. The applicant has provided an architectural elevation as well as a floor plan of the proposed apartment
The addition being proposed is shown 7.2 feet from the property line. The ZBA granted a side yard variance in May of 2002 to allow the new structure to 7 feet from the property line (20 feet required).
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.
Chairman McCann added to the record the receipt of four letters addressed to the Zoning Board of Appeals in favor of the application.
Public participation in favor of the application:
Charles Eastwood, 617 Foster Street, is in favor of the application and feels it would enhance property values in the neighborhood.
The Commission had the following questions/comments:
Commissioner Wentzell asked if there was direct access between the two units? DeMallie responded yes.
The public hearing closed. There was a short recess and the Commission continued with the Regular Meeting in the Madden Room.
REGULAR MEETING – MADDEN ROOM
ITEM: Public Participation
There was no public participation for items not on the agenda.
ITEM: New Business
Matthew Galligan, Town Manager, presented a map of the Park & Recreation Master Plan Implementation: Phase I before the Commission. The Town owns about 20 acres on Ellington Road and proposes to construct numerous ballfields on that property. Mr. Galligan suggested that our use of the property for recreation could enhance the I-291 Corridor.
I-291 Zone Proposed Facility
Two fields one for soccer/la cross and a football field.
Two little league fields
Concession stand and restroom facility
Playground
199 parking spaces
There will be water brought into the site for irrigation. There is a grant for $500,000.00 pending for utilities, water, sewer, etc.
Lawrence Road Recreation Facility
The town felt that this is a residential neighborhood and there should be a neighborhood park. The proposal is for two soccer fields for ages eight and under, playground, basketball court, parking spaces, and a walking trail around the entire perimeter of the property.
Nevers Road Park
It is proposed to add an additional baseball field, no light proposed.
Mr. Galligan noted that the current I-291 Corridor zoning does not have provisions for outdoor athletic uses, and asked the Commission for feedback regarding the feasibility of a zoning amendment.. Chairman McCann questioning whether the location in a commercial zone at the far end of Town is appropriate. Other Commissioners indicated that they have no problem with the location and noted general support for the proposal.
ITEM: Discussion/Decision/Action regarding the following:
Commissioner Cottle was appointed to sit for Commissioner Larsen
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 Bazzano sat for Commissioner Montana on this application.
Motion to approve was made by Commissioner Kennedy, seconded by Commissioner Wentzell. The motion carried and the vote was unanimous.
Appl. 02-44P, Superior Northeast 2-year Temporary and Conditional permit for a 30’ X 60’ temporary storage tent on property located at 24 Jeffrey Drive, I zone
Commissioner Bazzano sat for Commissioner Montana on this application
Motion to approve was made by Commissioner Kennedy, seconded by Commissioner Choate. The motion carried and the vote was unanimous.
Appl 02-41P, Vipul Patel, request for a two year temporary and conditional permit for the storage of boats on the “Nitey Nite “ Motel site, located at 1519 John Fitch Boulevard, GC zone
Commissioner Kennedy stated he feels the applicant needs to clarify their site plan and come back before the Commission.
Commissioner Choate has issues with the parking of boats on the frontage of the property.
Commissioner Cottle’s concern is G&R Marine not having obtained their Certification of Occupancy; he would like to see that happen before the Commission renders a decision.
Chairman McCann stated the applicant would like to rent space on the adjacent site G&R Marine to allow them to store boats on the Nitey Nite Motel frontage and along the boundaries. It seems that the initial site plan indicates boat storage only along the boundaries and in the discussion it was mentioned the storage of boats during the day along the frontage.
Chairman McCann indicated the Commission does not have to act on this application tonight, and a delay would give the applicant an opportunity to withdraw and come back with a more detailed site plan for both the G&R Marine and Nitey Nite Motel sites, clarifying the existing and proposed boat storage.
Motion to waive the application fee if the applicant withdraws the application 02-41P, and files a new application within 90 days was made by Commissioner Kennedy, seconded by Commissioner Wentzell. The motion carried and the vote was unanimous.
Appl 02-40P, Michael & Susan Forcellina, request for a 5-year in law apartment for property located at 609 Foster Street, RR zone
Commissioner Pacekonis sat for Commissioner Montana for the remainder of the regular meeting
Motion to approve with the following conditions was made by Commissioner Evans.
This approval is for an in-law apartment for a family member/relative only. When the in-law apartment is no longer occupied by a relative of the family, the apartment cannot be treated as a second dwelling unit. Instead, the kitchen must be removed and the living area must be converted into other living space for the main dwelling.
This permit will expire in five years, on August 20, 2007, will have to be renewed at that time if the use is to be continued. Owner(s) of the property must reside in the apartment or the main dwelling unit. Reaffirmation of occupancy by owner will be required every two years. This will be done via a letter from the Planning Department requesting the reaffirmation of occupancy.
Any new building, or alterations/additions to existing buildings, require a building permit prior to start of construction.
Seconded by Commissioner Kennedy. The motion carried and the vote was unanimous.
Appl 02-51P, P.L.A.C.E.S. Daycare, request for a site plan modification to allow children to be bused to and from the daycare on property located at 1678 Ellington Road (Webster Plaza), RC zone
Peter DeMallie was present to represent Linda Phelps, owner of P.L.A.C.E.S. Daycare. The daycare is located in the Webster Plaza at 1678 Ellington Road. Currently the operation of the daycare is decreasing due to the daycare not having the ability to accommodate older siblings who are in local schools by allowing school bus service.
There will be a minimal bus service for grades K-6, ages 6 through 11, with no more than 10 children. The applicant, town-staff and bus representatives met at the site and determined that the buses would not enter the site but would service by stopping on Ellington Road. There will be one to five buses per day with limited hours. The children would board the buses via a sidewalk behind the building to Ellington Road. DeMallie submitted letters to the Commission in favor of this application.
Motion to continue meeting beyond 10:00 p.m. was made by Commissioner Kennedy, seconded by Commissioner Wentzell. The motion carried and the vote was unanimous.
There was a short discussion of the Commission.
Motion to approve was made by Commissioner Wentzell, seconded by Commissioner Kennedy.
Chairman McCann asked DeMallie if this application was to remove condition 4 from the original approval. DeMallie responded it is for a site plan modification and asking for permission to allow bus service for the children and remove condition 4 from the previous approval.
The motion carried and the vote was unanimous.
ITEM: Other Business
Marcia Banach, Director of Planning, gave a report to the Commission regarding Appl 00-23P, Stop & Shop, that the Planning Department notified the applicant that the elevations negotiated in the settlement were not being constructed. Stop & Shop responded to our request immediately and worked with Banach over the last week to restore those elevations that were approved. However, there are a couple of small modifications that Stop & Shop would like for the PZC to approve, including a new door in the side of the building that is required by the building code, and a minor revision to the “turret” elevations to cover the steel frame.
Banach reviewed each item being addressed and explained how Stop & Shop will complete each revised change to the closest approved elevation.
Banach asked the Commission for permission to allow the applicant to work with Banach to oversee that the changes are restored to the elevations and return to the Commission if Banach is not comfortable with what is being produced.
Stop & Shop is also requesting the use of a generator on the site due to their switching equipment not arriving and they are unable to get power to the building from the street without the equipment. They are requesting the use of a temporary generator to be used on site for 4 to 5 weeks in the front parking lot, 24-hours per day. The applicant provided specifications and certification letter from Tech Environmental, Inc. stating the generator is in compliance with the Town of South Windsor noise ordinance compliance for day and night time use.
There was a discussion of the Commission regarding the noise and location of the generator.
Banach indicated that the noise levels are below what is allowable. Larry Wagner, representative from Stop & Shop explained the reason for the generator being necessary and reviewed the noise levels with the Commission. The generator is a trailer unit, 15 feet wide and will be located so the building will act as screening.
Sol Kerensky, attorney for the applicant, introduced the Stop & Shop representatives in attendance and reviewed the changes and stated Stop & Shop fully intends to live up to the settlement agreement.
It was the consensus of the Commission to allow Banach to communicate with the developer and return to the Planning and Zoning Commission if needed.
ITEM: Extensions
Appl 02-29P, B & M Enterprises, request for a first and second 90-day extension for recording mylars
Motion to approve two 90-day extensions for the filing of mylars was made by Commissioner Kennedy, seconded by Commissioner Evans. The motion carried and the vote was unanimous.
Appl 02-18P, South Windsor Technologies Center, request for a first and second 90-day extension for recording mylars
Motion to approve two 90-day extensions for the filing of mylars was made by Commissioner Kennedy, seconded by Commissioner Pacekonis. The motion carried and the vote was unanimous.
ITEM: Bonds
Appl. 02-03P, Deming Hill Estates Section 7 (Pond Estates at Red Rock) Engineering recommends setting the bond in the amount of $716,780 for public improvements.
Motion to set bond for the above application was made by Commissioner Evans, seconded by Commissioner Wentzell. The motion carried and the vote was unanimous.
Subdivision bonds
APPLICATION AMOUNT REDUCTION BALANCE
Appl 02-03P, Deming Hill Estates
Section 7 $716,780 $505,600 $211,180
Appl. 95-50P, Partridge Meadows II
Section 1 $121,000 $ 1,000 $120,000*
Section 2 $ 61,000 $ 29,700 $ 31,300*
Appl 98-35P, Partridge Meadows II
Section 3 $106,000 $ 42,500 $ 63,500*
Section 4 $ 87,000 $ 47,000 $ 40,000*
Motion to approve the reduction of the above subdivision bonds was made by Commissioner Montana, seconded by Commissioner Pacekonis. The motion carried and the vote was unanimous.
ITEM: Adjournment
Motion to adjourn the meeting at 10:35 p.m. was made by Commissioner Kennedy, seconded by Commissioner Evans. The motion carried and the vote was uanimous.
Respectfully Submitted,
Kelli Holmes, Recording Secretary
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