MEMBERS PRESENT: Kevin McCann, Marshall Montana, Louise Evans, Patrick Kennedy, Suzanne Choate, Tim Wentzell, Sue Larsen
ALTERNATES PRESENT: Roger Cottle
Gary Bazzano
Bart Pacekonis
STAFF PRESENT: Michele Lipe, Assistant Director of Planning
Jeff Doolittle, Town Engineer
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 02-62P, AT&T Wireless, PCS, request for Special Exception to Section XVI and Site Plan approval for construction for a wireless tower on existing water tower on property located at 2990 Ellington Road, RR Zone
Attorney Anthony Gioffre, with Cuddy, Feder, and Worby, representing the applicant AT&T Wireless, PCS, LLC, is seeking to locate a wireless telecommunication facility on the existing water tank located at 2990 Ellington Road.
Christopher Daddi, Project Engineer with Dewberry & Goodkind, Inc, indicated the proposal is to place three sectors of two antennas each at a tip height of 104.5 feet mounted on pipes along the tank that will be stud welded and elevated to the height. The antennas the pipe will be painted to match the water tower to minimize the visual impact to the water tank. There is a 7’ x 16’ leased area, twenty feet off of the rear and side property line. A new transformer will be installed. There will be a ten-foot easement off of the property running parallel with the conduit lines. Twelve conduit lines will be installed underground and along the fence line haybales will be put in place for erosion control. The applicant reviewed the site survey with CL&P and they do not
anticipate any problems.
Attorney Gioffre reviewed the packet submitted to the Commission (a copy in the Planning files for review).
Lipe read the Planning Report:
Request for site plan and Special Exception an AT&T Facility that will consist of 6 panel antennas and associated equipment on the existing water tower at 2990 Ellington Road, RR zone.
The site improvements include the addition of a 6X10 concrete pad to accommodate the unmanned equipment cabinets. The site is currently enclosed within a fenced area.
There are no regulated wetlands on site.
Proposed height of the panel antenna’s is 104.5 feet up the water tower; the current height of the water tower is 120+/- feet; Out regulations allow towers up to 175 feet allowed. The panels and associated wiring will be painted to match the existing water tower.
Special Exception criteria to consider for the construction of a tower include:
There will be minimal adverse effects on uses in the area;
Surrounding property values will be conserved and the character of the neighborhood will not be unduly disrupted;
The land is physically suited for such use and minimal adverse environmental and aesthetic impacts are created, including but not limited to whether alternate sites were exhausted; what lies within the fall zone of the tower; existence of endangered species; whether other development is being proposed or considered at or near the site; effect on bird habitats; and length of access road; and,
Public health and safety will not be adversely affected.
Location preferences in the TCC regulation are (1) on existing structures such as buildings, water towers and utility poles, or existing/previously-approved towers; (2) on new towers with visual mitigation in commercial and industrial districts; and (3) on new towers located in commercial or industrial zones. There are three lower-priority categories also, including residential zones.
General site requirements include:
Towers must be painted non-contrasting blue, gray or black;
Towers shall be designed to collapse upon themselves;
Any pole over 150 feet must accommodate at least two additional users; and
All utilities must be installed underground;
Submittal requirements include a report from a licensed engineer indicating that the proposed wireless site will comply with the emission standards of the FCC for non-ionizing electromagnetic emissions; this report was submitted with the application. This information has been submitted.
A Special Exception for a telecommunications facility is granted for an initial five-year period. Permit renewals can be granted upon submittal of a request by the owner; renewal does not require a new application or public hearing. The regulations require that tower construction commence within one year from the date of approval. There is also an abandonment clause in the zoning regulations that requires removal of the facility within 90 days from the date of abandonment and restoration of the area to its previous appearance.
If this application is approved, the Planning Dept. has no additional modifications.
There were no Engineering comments.
There was no public participation on this application.
The Commission had the following questions/concerns:
Commission Pacekonis commented the regulations indicated no residences within 500 feet of a telecommunication tower. Is the applicant asked for a waiver of this regulation? Lipe responded there was a discussion with the applicant that the regulation referenced new towers. The existing water tower was one of the sites that the Commission wanted to encourage applications to consider before new tower construction. If the Commission feels differently the applicant would have to go before the Zoning Board of Appeals Commission.
Commissioner Cottle asked if there are any other carriers on the site and do we anticipate any? Lipe responded that she was unaware of any, however the applicant would address that. It is highly possible that another carrier could co-locate and there is an existing emergency communications antenna but no other wireless carrier on the tank.
There was a discussion of a map showing the sites that AT&T services in the area and the applicant indicated that AT&T is seeking co-location sites.
Commissioner Larsen asked if the applicant consider different locations due to the residences in this area? Other are were looked at but this is the only co-location site available that would provide the coverage in the radius of the highways.
Commissioner McCann commented on the equipment located on the site and asked if there is a hazard to children in the area due to this site being a remote location without a human operator. The applicant responded the site has a security fence currently on the site and the system operates on 120/240Volt AC, typical residential voltages.
Commissioner McCann asked if there is any agreement in place that would not allowing any other wireless operators at this location. The applicant responded not that they are aware of.
Commissioner McCann inquired to Town Engineer if there is room on the tower for another provider. Doolittle responded that it appear to be room for other facilities.
The public hearing closed.
Appl 02-55P, Natitus Home Occupation, request for a five-year major home occupation to operate a landscaping business on property located at 586 Foster Street, AA-30 zone
Chairman McCann stated this is a continued public hearing from October 22, 2002, and inquired if the applicant Charles Natitus had additional information to present to the Commission.
Mr. Natitus submitted to the Commission, a petition signed by adjacent property owners in favor of this application.
Lipe distributed a map to the Commission showing the location relative to the area town streets.
The following is public participation in favor of the application:
Dennis Martin, 540 Foster Street, stated he has no problem with the landscaping business.
The Commission had the following questions/concerns:
Commissioner Bazzano visited the site and commented there seems to be plenty of space but found a covered pile of sand and plows and equipment lining the rear of the site. Bazzano review the photos submitted by Mr. Hamilton and mentioned it appears that Hamilton does not have a view of the Natitus back yard and asked Natitus the distance between his back yard and the adjacent property. Natitus responded 300-500 feet.
Commission Larsen asked the number of employees? Natitus responded his son and two other employees and occasionally a few others part timers when needed.
Commissioner Larsen stated Natitus’s son does not live at the residences he lives on Main Street. Natitus responded that is correct.
Commissioner Montana asked what was in the pile of barrels. Natitus indicated they are empty and are use for oil. Montana commented that there should be a plan initiated for the storage in the yard to clean up the site.
Commissioner Pacekonis inquired how many vehicles on the property? Natitus indicated four.
Commissioner Evans mentioned she review the tapes of the previous meeting and asked where is the office on the site? Natitus responded in the building in front where the dog kennels are located. Is there an office in your home? Natitus indicated his wife does the bookkeeping in the home.
Commissioner Choate asked Doolittle if he had any concerns with the outdoor storage of sand. Doolittle responded he has no concerns with pure sand, but if salt or a mixture of sand and salt were stored it would need to be covered according to DEP guidelines.
Commissioner Pacekonis visited the site and he questioned where are the three trailers were stored on site and what was under the blue trap? Natitus responded the trailers are stored by the three bay garage and a tractor stored under the blue tarp because the garage is being painted on the interior.
Commissioner Pacekonis asked who many vehicles are parked on site? Natitus responded the majority of the vehicles are personal property.
Chairman McCann commented that the business seems to have grown over the years and it was inquired if the equipment could be stored at the East Windsor location. Natitus responded the backhoe is stored in East Windsor, but the trucks and trailers are parked at the home. It was stated that Natitus’s son is running the business.
Chairman McCann stated that the decision for the application would be based upon the regulations of a major home occupation regarding the facts presented in the public hearing.
Commissioner Wentzell asked who are the legal owners of the business? Natitus indicated both himself and his son.
The public hearing closed and there was a five-minute recess before the regular meeting.
REGULAR MEETING – MADDEN ROOM
Chairman McCann called the regular meeting to order.
ITEM: Public Participation
There was no public participation for items not on the agenda.
ITEM: Discussion/Decision/Action
Appl 02-46P, DBB Management, request for zone change from RR to General Commercial for 1.35 acres of land located on the northerly side of McGuire Road, westerly of Route 5 and 400+ feet east of King Street
Lipe reviewed the application with the Commission.
Commissioner Montana asked if they owned the site and who owns the road. The response was the applicant owns the site and the town owns the road.
Commissioner Wentzell commented that to approve this application there would have to be a variance from the Zoning Board of Appeals Commission. The next piece of property has Route 5 access. This is a difficult piece of property to develop as a commercial lot.
Commissioner Evans concerns are with safety issues in a residential neighborhood and the traffic that could be generated.
Commissioner Larsen commented this site would be better zoned restricted commercial or restricted office and have their office space and storage in this location. It would be a safer use the neighborhood.
Commissioner Kennedy commented his major concern is in the zone change to stipulate approval for the existing use so restaurant or retail could not come into a residential area. The Attorney for the applicant indicated they would agree to hold filing the zone change map until all other Commission approvals are met. He felt that would be sufficient.
Commissioner Choate’s concern is that McGuire Road was cut off to Route 5 making commercial in the area inappropriate. It doesn’t seem desirable to add commercial through residential access.
Commissioner Larsen would like to seek the opinion of the Town Attorney regarding the zone change map being held until the other Commissioner approvals are met would be binding.
Commission Montana would not encourage more commercial business in this residential area. She questioned whether the applicant could seek access to Route 5 through the adjacent property?
Commissioner McCann stated this is a difficult piece of property. The Commission should look at the regulations regarding properties that are in this situation. The problem with this site is the access to Route 5 being cut off and it is not fault to the applicant or the town. The Commission needs to make a difficult decision if this commercial parcel should be approved accessing through a residential neighborhood.
Commissioner Wentzell stated this was a recently purchased property and to approve this application when it need to seek other Commission approvals is a difficult decision. In the future, access to Route 5 could be obtained or access through another site may become available and could be more acceptable.
Motion to deny application 02-46P based on concerns that with the existing proposed setbacks in the area are not suitable for development. The concern of commercial traffic having to travel through a residential area is not incompliant with the town plan and the concept of adding to traffic that must use a residential area is not good long term planning for the Commission was made by Commissioner Wentzell, seconded by Commissioner Larsen. The motion carried and the vote was as follows: 6:1 Montana, Evans, McCann, Larsen, Wentzell, Choate, aye; Kennedy, nay
Appl 02-48P, Horseshoe Lane Associates, LLC, request for Special Exception to 4.1.12 and Site Plan of Development for a 20 unit Senior Residence Development to be known as “Summerwood”, on property located southerly of Sharon Drive, northwesterly of Hilton Drive, A-20 zone
Lipe gave an overview of the application. Doolittle reviewed a memo from Robert Deptula regarding the larvicide treatments over the last three years and is in favor a plan to control the mosquitoes, Exhibit A.
Commissioner Evans listened to the tapes of the public hearing and has concerns with 2,000 square foot units next to singles family homes of 1050-1500 square feet. This development will be quite large and very close together. The architectural design of the garage doors is not appealing and although design was changed by adding windows, it did not change the effect.
Commissioner Wentzell commented there is clear lack of the public acceptance of the neighboring properties. When the SRD regulations were revised and extended to collector streets not necessarily next to residential street. There is a question of whether this is an appropriate use for this location. There maybe real single family residential possibilities for this parcel.
Commissioner Choate inquired if single family homes were proposed would the Commission have control over this size of the homes? The response was no.
A discussion ensued regarding the size of homes that could be built on this site and the benefits of an SRD in this area.
The Commission also discussed the detention area. Commissioner Evans stated if it were a gated community there would be no worry about the detention basin. The Commission concluded the slope of the detention basin was designed within acceptable guidelines.
Chairman McCann stated the Commission needs to look at the regulations when deciding what is allowable in this area. The Architectural Design Review Committee requested some additional detail to the garage doors and they came back with windows in the garage doors. To redesign the site with side garage doors would not allow as many units as being proposed, but would be an aesthetically pleasing design.
Commissioner Montana commented the neighbors have concerns with the drainage on the site and most have a water problem in their basements currently. There is a very shallow water table in this area.
Further discussion ensued regarding the detention basin and the water runoff of the site. There is a major concern of the water coming off the site. The Commission reviewed their concerns with Jeff Doolittle, Town Engineer, and were satisfied with the drainage design as explained.
Motion to deny Application 02-48P, Special Exception to Section 4.1.12 for the following criteria. The lack of public acceptance, the Architectural Design Review Committee consideration of the elevation of the buildings, the garage doors, the units should be of a low profile and aesthetically pleasing, the drainage concerns and the land suitability was made by Commissioner Wentzell, seconded by Commissioner Evans.
Commission Kennedy stated he disagreed and would vote against the denial. He felt the SRD Special Exception criteria “lack of acceptance” was not justified in this residential zone. The traffic study indicated this would be a low traffic generator.
Chairman McCann stated he did not agree with all the reason stated for denial. The vacant lot has the right to development. There is concern regarding the architecture of the design. There are concerns regarding the drainage for the site is a real issue. However, he felt the engineering of the site is designed to reduce the problem. He would not support the motion with all of those reasons included.
Commissioner Montana has concerns with the architecture layout.
Commissioner Evans commented if a motion could be made to deny allowing the applicant to comeback with revised architectural plans.
Commissioner Wentzell withdrew his motion to deny application 02-48P, Horseshoe Lane Associates, LLC.
Commissioner Evans withdrew her motion to second.
There was a discussion of the Commission regarding whether sidewalks are needed on the site and a fence being constructed in the area of the detention basin. The Commission viewed the architectural design indicating the unit design would be aesthetically pleasing with side-loaded garages and possibly fewer units.
Motion to deny application 02-48P, Horseshoe Lane Associates, LLC, Special Exception to Section 4.1.12 without prejudices due to the architectural design being detrimental to the residential character and not aesthetically pleasing and low profile, seconded by Commissioner Evans. The motion carried the vote was 6:1, Montana, Evans, McCann, Larsen, Wentzell, Choate, aye; Kennedy, nay
Appl 02-48P, Horseshoe Lane Associates, LLC, request for Resubdivision on property located southerly of Sharon Drive, northwesterly of Hilton Drive, A-20 zone
Motion to approve the resubdivision was made by Commissioner Wentzell, seconded by Commissioner Kennedy. The motion carried and the vote was unanimous.
Commissioner Cottle was appointed to sit for Commissioner Wentzell for Appl 021-62P, AT&T Wireless
Appl 02-62P, AT&T Wireless, PCS, request for Special Exception to Section XVI and Site Plan approval for construction for a wireless tower on existing water tower on property located at 2990 Ellington Road, RR Zone
Motion to approve was made by Commissioner Larsen,
No building permits will be issued until the final mylars have been filed in the Town Clerk’s office.
An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.10 of the Zoning Regulations.
seconded by Commissioner Evans. The motion carried and the vote was unanimous.
Appl 02-55P, Natitus Home Occupation, request for a five-year major home occupation to operate a landscaping business on property located at 586 Foster Street, AA-30 zone
The Commission was in agreement that this application does not fall in the major home occupation regulations. A discussion ensured regarding the criteria of the application.
Motion to deny for reasons that the application submitted and presented did not meet the criteria outlined in the major home occupation regulations was made by Commissioner Kennedy, seconded by Commissioner Larsen. The motion carried the vote was unanimous.
ITEM: Bonds
Appl 00-09P, Rex Lumber
Motion to release the landscaping bond in the amount of $3,000.00 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 10:00 p.m. was made by Commissioner Choate, seconded by Commissioner Kennedy. The motion carried and the vote was unanimous
Respectfully Submitted,
Kelli Holmes, Recording Secretary
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