MEMBERS PRESENT: Kevin McCann, Louise Evans, Patrick Kennedy, Suzanne Choate, Sue Larsen
ALTERNATES PRESENT: Gary Bazzano
Bart Pacekonis
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.
Chairman McCann noted that the first Public Hearing agenda item, Expo Design Center, has been postponed to December 3, 2002 or December 10, 2002.
Appl 02-63P, Diane Colavecchio, request for renewal of a 5-year major home occupation for a hair salon, for property located at 331 Smith Street, RR zone
Vincent and Diane Colavecchio were present to request a 5-year renewal of a major home occupation. Colavecchio indicated there has been no change since the last approval and there have been no complaints.
Banach read the planning report:
This is an application for renewal of a 5-year major home occupation permit for a hair salon at 331 Smith Street, RR zone. The applicant has operated this salon from within the existing house since 1996. She currently operates three days a week from 9 –5 PM and there are no changes from her previous application.
The reasons for requiring PZC approval are to ensure that:
the home occupation is clearly secondary to the use of the building for dwelling purposes
the home occupation is compatible with other permitted residential uses in the residential district
the residential character of the dwelling and the neighborhood are preserved, and;
all residents have freedom from excessive noise, excessive traffic, nuisances, fire hazards offensive odors and pollutants, and other possible effects of commercial uses being conducted in residential areas.
Performance criteria that must be met include:
Maximum of 25% of the floor area can be used for the occupation;
occupation cannot be visible from outside the dwelling unit;
dwelling must contain the character of a single family dwelling;
no entrance or exit may be added solely for the occupation;
no more than one non-resident employee allowed;
the occupation can not create a volume of passenger or commercial traffic that is inconsistent with the normal level of traffic on the street;
all parking needs must be met on-site;
and the Commission may require screening of additional parking from the street and from adjacent residential properties.
A condition had been placed on the previous approval only allowing two cars on site at one time. The existing parking area is screened by an existing hedge, which runs along the length of the property line to the west. The Commission also placed a condition restricting operation of the salon to three days per week, and only by the owner.
The Planning Department has not received any complaints regarding operation of this home occupation.
If this application is approved, the applicant will be required to return to this Commission again upon expiration of the new 5-year permit period.
There was not public participation on the item.
The Commission had the following questions/concerns:
Commissioner Pacekonis asked how much of the home was used for the salon? The applicant responded 250 square feet of the home.
Commissioner Montana inquired where the business is located in the home. Colavecchio responded in the back portion of the house.
Chairman McCann asked if the applicant lives in the home? Colavecchio responded yes.
The public hearing on this application closed.
Appl 02-65P, Dzen Tree Farm, Inc., request for a renewal of a two-year temporary and conditional permit for a seasonal farm stand, at property located 215 Barber Hill Road, RR zone
John Dzen, Jr. was present to request renewal for a two-year Temporary and Conditional Permit to operate a seasonal farm stand. Dzen submitted a picture of the tree farm stand (Exhibit A). The farm stand will operate from November 29, 2002 through December 24, 2002, seven days a week from 9:00 a.m. to 4:00 p.m. Santa and reindeer will visit the site each weekend. The operation is in conjunction with The Garden Barn. It is being proposed to sell coffee, hot chocolate, and cookies inside The Garden Barn tent. The applicant has been in contact with Bob Deptula, Town Sanitarian. Nothing outside the tent will change.
Banach read the planning report:
Request for renewal of a temporary & conditional permit approval to operate a seasonal greenhouse roadside stand in conjunction with the cut-your-own Christmas tree nursery business, on Barber Hill Road, RR zone. The stand is operated by The Garden Barn and would be open between Thanksgiving and Christmas.
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.” Retail sales of this type are allowed in commercial zones.
There were no traffic problems reported over the last two years as a result of the seasonal stand, nor were there any complaints or problems regarding the reindeer.
The Town Sanitarian has indicated that he has no problem with the sale of refreshments as proposed.
If this application is approved, we suggest that the approval include the same conditions as the original approval: operation between Thanksgiving and Christmas only, and that the permit is valid for two years.
There was no public participation. The public hearing closed.
Appl 02-66P, Estate of Richard Kibbe, request for a resubdivision to create one lot, for property located at 11 Long Hill Road, RR zone
Peter DeMallie, Principal, and Judy Schuler, Project Engineer from Design Professionals Inc., were present to represent the applicant. On November 3, 2002 the Zoning Board of Appeals granted a small variance for the lot size. There are no wetlands on the site. The site is a wooded lot with deciduous trees.
July Schuler highlighted a few characteristics of the site. Th e driveway is 145 feet from the intersection of Long Hill Road and Burnham St, with moderate grades along the driveway. The site will utilize the existing public sewer main along Burnham Street, a gas lateral connection, and a private well located on site. There is a need for a foundation drain. The new house would be located 50 feet from Burnham Street and 70 feet from Long Hill Drive. The applicant will maintain the wooded areas on the site to the north to keep as much of a natural buffer as possible. The sediment and erosion control measures will include silt fencing in the areas that are cleared.
Banach read the planning report:
Request for approval of a resubdivision to create 1 lot on the corner of Long Hill Road and Burnham Street, RR zone. This application has been filed because this parcel was created by the probate court 30 years ago without benefit of subdivision approval, so the parcel’s status as a building lot is in limbo. Subdivision approval will clear that up.
The lot is about 39,500 square feet and does not meet the minimum required lot size of 40,000 square feet. A variance to required lot size was granted by ZBA in October.
There are no regulated wetlands on the property. IWA/CC approval is not required.
The site will be serviced by public sewer and a private well. WPCA approval from both South Windsor and East Hartford are required.
When ZBA granted the lot size variance, they included an approval condition that a vegetative buffer must remain along the northern lot boundary. The plans include a note that trees will be preserved and some trees interplanted to meet the ZBA requirement.
The Town of East Hartford was notified of the application as required by State statute. We have not received any comment from East Hartford.
If this application is approved, the Planning Dept. requests no additional modifications.
There was no public participation.
The Commission had the following questions/concerns:
Commissioner Montana commented that due to the heavy traffic on Burnham Street, would suggest leaving as much buffering as possible.
The public hearing closed. There was a five minute recess before the special meeting.
SPECIAL MEETING – MADDEN ROOM
There was no public participation.
Commissioner Pacekonis was appointed to site for Commissioner Larsen.
Appl 02-63P, Diane Colavecchio, request for renewal of a 5-year major home occupation for a hair salon, for property located at 331 Smith Street, RR zone
Motion to approve with conditions was made by Commissioner Evans,
The salon may only be opened for three days a week.
Not more than two (2) cars in the driveway during business hours.
The operation of this salon is restricted to the present owner.
The permit will expire on November 19, 2002, and will have to be renewed at that time.
If a sign is requested by the applicant in the future, the applicant must return to the Planning & Zoning Commission for approval.
seconded by Commissioner Kennedy. The motion carried and the vote was unanimous.
Appl 02-65P, Dzen Tree Farm, Inc., request for a renewal of a two-year temporary and conditional permit for a seasonal farm stand, at property located 215 Barber Hill Road, RR zone
Motion to approve was made by Commissioner Montana,
The farmstand may only be operated between Thanksgiving and Christmas.
This permit is for two year and will expire on November 19, 2004.
seconded by Commissioner Pacekonis. The motion carried and the vote was unanimous.
Appl 02-66P, Estate of Richard Kibbe, request for a resubdivision to create one lot, for property located at 11 Long Hill Road, RR zone
Motion to approve with conditions was made by Commissioner Kennedy,
This approval is for 1 lot.
Drainage and construction for this subdivision is subject to the approval of the Town Engineer.
The lot shall be serviced by sanitary sewers and is subject to the approval of the Water Pollution Control Authority.
Water shall be supplied to this subdivision by private well.
All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
Footing drains are required. Prior to the building of any structure on a lot, a topographic map, drawn to a scale of 1" = 40', shall be submitted for, showing proposed contours, elevations and the location of the footing drain. No building permit will be issued until the proposed contours, floor elevations and location of footing drain has been approved by the Town Engineer.
Private well final design must be submitted to and approved by the Environmental Health Officer prior to filing of mylars and issuance of building permits. If there are any existing septic systems within 75 feet (including adjoining properties), or other sources of contamination, they must be located on the plan.
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’s office.
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 $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.
In accordance with the variance granted by the Zoning Board of Appeals, a vegetative buffer must be maintained along the north property boundary.
seconded by Commissioner Evans. The motion carried and the vote was unanimous.
Preliminary Discussion – Lifestyle Center
Chairman McCann stated a preliminary discussion is for the purpose and benefit of the applicant to understand the concerns of the Commission prior to filing an application. The preliminary discussion is not binding on either the applicant or the Commission.
Alan Lamson agreed with Chairman McCann’s statement and continued with the preliminary discussion of the Lifestyle Center portion of the Evergreen Walk General Plan of Development previously approved by the Commission.
The Lifestyle Center is an upscale main street theme and pedestrian environment with upscale tenants. The idea is to create a series of buildings that have the look of evolving over time that will allow upscale tenants to display their unique identities while allowing the key buildings and back ground buildings to be recognizable as a main street theme.
The design idea of this main street is to have two gateway buildings on each end and a village green in the middle of the center. Preliminary design of the main street fronts and entrances will consist of brick and clapboard materials. The center point of the main street will be the village green framed with two upper buildings. The rooftop hardware will be screened from Buckland Road. When possible, tenants will have dual entries into their business from the main street and Buckland Road side of the center.
There will be heavy landscaping, wide sidewalks, and crosswalks to keep the pedestrian traffic moving safely throughout the center. The vehicular pattern though the site will consist of several entrances into the main street from rear parking areas, with parking areas also located within the main street center.
The Commission noted that potential conflicts between pedestrian and vehicular traffic through the center, and the sight line for the pedestrians, should be taken into consideration when preparing the landscaping plan.
It was explained the traffic would move in a north and south movement throughout the center with pedestrians buffered from the moving traffic by the row of on-street parking. The width of the sidewalks will vary from approximately 12 ft to 20 ft to allow foldout café seating in front of storefronts and there will be clear sight lines throughout the site.
It was mentioned that the Lifestyle Center landscaping design should be compatible with the Expo Design Center landscaping plan.
Lamson indicated they are aware of town staff comments regarding the landscaping.
Commissioners expressed concern about apparent lack of architectural detail on the rear of the buildings. It was noted that rear building signage could expose the tenants to the Buckland Road potential customers.
A unique look needs to be created for the Lifestyle Center so it does not appear as a strip mall. The Commission mentioned creating variations in the roofline of the building and a concentration in the green space throughout the site.
It was asked how occupancy of the center would be handled and how will the center be constructed?
Before construction, the center would be at approximately 56% leasing, and the center will open at 90% occupancy at completion. The construction will be done in phases.
Chairman McCann stated the importance of working closely with the Planning and Engineering Departments, as they convey the concerns of the Commission. This would save time in public hearings and could move the process along.
Appl 97-90P, Dunkin Donuts, request for a five year extension for site plan approval granted on January 6, 1998, on property located at 1000-1006 Sullivan Avenue, GC Zone
Banach indicated the applicant would like to postpone due to access management issues.
ITEM: Adjournment
Motion to adjourn the meeting at 9:00 p.m. was made by Commissioner Kennedy, seconded by Commissioner Pacekonis. The motion carried and the vote was unanimous.
Respectfully Submitted,
Kelli Holmes, Recording Secretary
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