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PZC Minutes 12-3-02
MEMBERS PRESENT:        Kevin McCann, Marshall Montana, Louise Evans, Patrick Kennedy, Suzanne Choate, Sue Larsen, Tim Wentzell

ALTERNATES PRESENT:     Gary Bazzano, Bart Pacekonis, and Roger Cottle

STAFF PRESENT:          Marcia Banach, Director of Planning
                                Jeff Doolittle, Town Engineer
                                
SPECIAL MEETING – MADDEN ROOM

The special meeting was held in the Madden Room prior to the public hearing.

ITEM:  Annual Meeting

Chairman McCann opened the special meeting at 7:00 p.m prior to the Public Hearing.  There was no public participation.  The order of the Annual Meeting was reversed and the Commission reviewed and voted on the by-laws and then held the Election of Officers.  Commissioner Cottle was appointed to sit for Commissioner Montana for the review of the by-laws.

Commissioner Evans commented the Election of Officers is held annually and suggested the Commission may want to consider voting every two years.  The Commission agreed to continue voting each year.  There was a short discussion of the by-laws.

Motion to re-approve the by-laws with no amendments was made by Commissioner Evans, seconded by Commissioner Larsen.  The motion carried and the vote was unanimous.

ITEM:  Bonds

01-24P, Strawberry Fields Site Plan Bond

Banach explained Strawberry Field is ready to obtain their first Certificate of Occupancy and the remaining site work to be completed needs to be bonded.  The Town Engineer has recommended a bond in the amount of 246,700.00.

Motion to approve a site bond in the amount of $246,700.00 for the remaining site work to be completed was made by Commissioner Kennedy, seconded by Commissioner Larsen.  The motion carried and the vote was unanimous.

There was a short discussion regarding the Christmas party to be hosted by Kevin and Lisa McCann on December 12, 2002, 7:30 p.m.

It was mentioned the Stop & Shop Grand Opening was taking place on Wednesday, December 5, 2002, and Chairman McCann would be speaking.  Banach indicated that there are a few items that need to be completed and wants to make the Commission aware of these items.  She stated there are bonds being held until all the items are completed.

ITEM:  Annual Meeting Continued

Election of Officers

The floor was open to nominations.

Motion to nominate Kevin McCann, Chair; Marshall Montana, Vice Chair; and Louise Evans, Secretary was made by Commissioner Montana, seconded by Commissioner Kennedy.  The motion carried and the vote was unanimous.

ITEM: Adjournment

Motion to adjourn the special meeting at 7:23 p.m.was made by Commissioner Kennedy, seconded by Commissioner Choate.  The motion carried and the vote was unanimous.

PUBLIC HEARING – COUNCIL CHAMBERS

Appl 02-61P, Old Post Office Site, request for site plan approval for office use on property located at 1530 Sullivan Avenue, RO Zone

Chairman McCann opened the Public Hearing at 7:30 p.m.  Commissioner Evans read the legal notice as published in the Journal Inquirer.

Peter DeMallie of Design Professionals, Inc., introduced the team that will be presenting on behalf of the applicant, Kerin & Kerin, LLC.

DeMallie presented the site plan for the Old Post Office site requesting utilizing the office space at 1530 Sullivan Avenue with minimal modifications.  In July 2002 the applicant was granted five variances on this site for the following:

Standard parking spaces 9x18
74% impervious coverage
Front yard variance
4 ½ parking spaces per 1,000 for office space
Zero foot buffer requirement on the side yards

DeMallie gave a history of the site regarding design stating the building was built in 1969 and constructed so the exterior was compatible with Town Hall, there are 49 parking spaces.  Because the site was a federal facility, it was exempt from zoning requirements.  No site plan was submitted at that time.

DeMallie gave an overview of the proposed site:

47 parking spaces with possible additional spaces.
Proposed 1, 400 square foot addition enclosing rear loading dock with additional windows similar to what is on the building, metal roofing and pitch will all match the existing building.
Total building area will be 8,969 square feet interconnecting two parking lots to the north and south with an access drive.
Refurbishment of the parking lot surface.
Retaining both access drives with full turning movements.
Minor movement of light fixtures in the parking lot away from the property lines.
Will add a dumpster at the southeast corner of the building with screening.
Public sewer and water connection has already been made.

Rosemary Aldridge, Landscape Architect with Insite, presented to the Commission the landscaping plan for the site.  Aldridge stated the landscaping plan is very simple.  On the northern property line additional screening is being proposed for the residential neighbors.  Where there is a gap in the vegetation arborvitae is being proposed.  With the refurbishment of the pavement there will be an area of green and flowering plants and shade trees will be planted in front of the site.

Jim Bubaris, Bubaris Traffic Associates, indicated the site would generate 40-50 trips during the a.m. and p.m. peak hours per weekday and 280 trips on a daily basis.  When this site was a Post Office it generated twice the traffic during the peak hours.  There are two site drives, one at each end of the site, that could operate as a two-way drive.  The northern drive is located 400 feet south of Route 74 (Ellington Road) and the southern drive is 950 feet north of Route 30 (Oakland Road).  The level of service at this site as an office building is a good level of service in the a.m. but the site would have poor levels of service in the p.m.  Incorporated into this analysis was the assumption that the site would be operational next year plus all the pending developments that would impact this site.

Bubaris recommended that the two drives be one-way, with the south driveway one-way inbound and the north driveway one-way outbound.  There is ample distance between the two drives to be operational as one way only.  The level of service coming out of the site in the a.m. would be a level C and the level of service in the p.m. would be a level F.  There are four lanes of traffic on Sullivan Avenue with the right lane continuously moving to Ellington Road.

DeMallie referenced the access management criteria for the site and cited the Regulations Section 3.A.1, Purpose and Applicability.  DeMallie indicated he has read the legal opinion of the Town Attorney and believes access management does not apply to this site.

DeMallie indicated this site has been vacant for two years and the applicant would like to utilize the building.  The applicant’s position is that he wants full access to Sullivan Avenue and if the town wants to connect the back parking lot to Route 74, the applicant will not connect to this access driveway at his expense.  Kerin and Kerin, LLC will not give up the full turning movement onto Sullivan Avenue.  DeMallie indicated the driveways would function the same as the driveway for Town Hall.

DeMallie stated that after meeting with town staff the applicant would agree to one way in on the south entrance and one way out on the north entrance.  The dumpster location would have to be modified to allow trucks to access the site.

DeMallie stated the applicant would agree to the rear access drive at the expense of the town.  It would eliminate six parking spaces and a truck would not be able to access the site safely. The applicant would agree to the one way in and one way out onto Sullivan Avenue.  The Planning and Zoning Commission would then need to grant a waiver for the parking spaces lost due to this access drive.

Attorney John McHugh, representing the applicant, had written a letter to the Director of Planning and received an opinion from Town Attorney, Barry Guilano, regarding the applicability of Section IIIA, access management.  McHugh stated that the Town Attorney’s opinion is only an opinion and it is advisory to the Commission, not binding.  McHugh referred to DeMallie’s presentation stating that access management does not apply to this site and is in full agreement.  There was no previous site plan approval for this site and that is why it is before the Commission. The traffic generation will be considerably less than when this site was occupied by the Post Office. It is unfair to the applicant to stipulate connection to an access road with no finished plan.  The applicant would like to work with town staff to reach a solution.

Banach reviewed the Planning Report:

1.      Request for site plan approval to convert the old Post Office into a business office, RO zone. Lot size is 1.17 acres; minimum lot size allowed is 2 acres. The lot is pre-existing and is grandfathered for lot size. Frontage is 343 feet; minimum required is 200 feet.
2.      The existing building was built in 1969 as a federal Post Office and as such, did not seek approval from PZC and did not adhere to local zoning requirements. The Zoning Board of Appeals granted variances in July 2002 to allow front yard setback at 23 feet rather than the 50’ required; and to allow 74% impervious coverage rather than the 50% allowed. ZBA also eliminated the 50’ buffer requirement.
3.      The plans submitted to date include two full access driveways onto Sullivan Avenue. In conformance with the requirements of Section IIIA, Buckland Road-Sullivan Avenue Corridor requirements, staff strongly recommend that the Commission not approve this request for two full access driveways, for a number of reasons, all of which relate directly to public safety and preservation of traffic flow.
a.      This application is subject to the requirements of Section IIIA, the access management section of the zoning regulations. The Town Attorney has reviewed correspondence from Attorney John McHugh written on behalf of the owner, Kerin & Kerin, LLC, which gives an opinion, that the site is not subject to the requirements of access management. Attorney Guliano has responded with his own opinion that this site is indeed subject to the requirements of Section IIIA. I have provided copies of both items to Commissioners. Only one driveway is permitted per Section IIIA.
b.      The Restricted Office zone section 5.3.4.4.b, Parking and Access, requires that “…The location and arrangement of access and parking shall be consistent with public safety and shall provide no undue hindrance to the safety of existing or proposed ways.” The two driveways proposed are not consistent with public safety and do indeed provide undue hindrance to the safety of Sullivan Avenue and the proposed driveways. There are at least two impacts created by driveways:
·       There is a direct correlation between number of driveways per mile and number of accidents; the number of accidents per mile increases as the number of curb cuts per mile increases. Numerous curb cuts and driveways make it difficult to enter, exit or pass by adjoining developments. I have provided a chart from the Town’s Access Management report prepared by Wilbur Smith Associates in association with, among others, Bubaris Traffic Associates.
·       Every driveway introduces numerous conflict points, or places where one vehicle can hit another. I have provided a diagram from the Town’s Strategy for Improving and Preserving Traffic Flow and Safety report prepared by the Capitol Region Council of Governments, that shows nine conflict points for the simplest possible driveway on a two-lane road. The number of conflict points increases for a 4-lane road. The addition of the second driveway doubles the number of conflict points, thus increasing the potential for accidents, even though the same number of vehicles may be using the two driveways as would be using a single driveway.
c.      The site never functioned in the past as proposed on the current plan. The two driveways and parking/maneuvering areas were not interconnected. One driveway was used by the public, the other exclusively by post office employees. The bituminous area behind the post office was not designed for parking but principally for maneuvering, as shown on a copy of the plan for the post office that the town acquired from the owner when considering purchase of the property.
4.      Staff also recommend that the applicant make provisions for future interconnection to a rear driveway that is conceptually designed on the Town Hall property. At such time as the driveway on Town Hall property is constructed, this site would construct a connection to that driveway and the driveway on Sullivan Avenue would become right-in, right-out only, as was done with the Wallace Tustin/MMH application approved in 2001.
5.      The applicant also received a variance to allow parking at 4.5 spaces per thousand rather than the 6.5 spaces per thousand required in the RO zone. Under this formula, 41 spaces are required, 47 provided. We note that there has been a tendency in South Windsor for business offices to convert to medical offices, which generate higher parking needs. There is no additional room on this site to construct additional parking. Staff recommended an approval condition requiring that any conversions to medical offices must demonstrate compliance with the parking requirements for medical offices.
6.      There will be no buffer between this site and the residence to the north, as ZBA eliminated the buffer requirement.
7.      South Windsor Police Department has reviewed this site and objects strongly to the provision of two full access driveways.
8.      The site is currently served by public water and sewer.
9.      There is a dumpster shown, on a concrete pad, screened by the building and a fence.
If this application is approved, staff request that the driveway issues be resolved.
Doolittle reviewed the Engineering Report:

There are not additional comments but concur with the comments regarding the driveway configuration and use and the rear access drive to be provided by the Town Hall as explained by Banach.

Chairman McCann inquired if there was any public participation for this application.

Marjorie Anthony, Chair of the Economic Development Commission, asked that the Commission vote favorably on the application and indicated that there is a need for small office space.  It was stated that this site would be a low impact in relation to what was at this site previously.

The Commission had the following question/concerns:

Commissioner Pacekonis asked for clarifications about the one way drive and how do you anticipate delivery parking such as UPS, Federal Express, on the site?
DeMallie indicated that if the access management drive were off the table the applicant would accept the two drives north and south, one way in and one way out.  DeMallie responded that usually a UPS truck or other deliveries would pull up at the building to drop off parcels, (or possibly the rear of the building.)

Commissioner Pacekonis inquired about possible conversion to medical offices: will the applicant demonstrate compliance with parking?

Attorney McHugh stated to get a Certification of Occupancy the applicant will have to comply with the parking regulations of the town.

Commissioner Cottle asked if the dumpster would be relocated due to the entrances being modified to one way in and one way out?  Has thought been given to employee parking?.

DeMallie indicated the changes would be made to the site plan and the parking will be used for whatever uses are in the building.

Commissioner Cottle questioned staff as to when the improvements to the rear access drive might happen and is it a reality?

Banach responded it is in the 10 Year Capital Plan and at some point will be assigned a budget year.

Doolittle stated the proposed access drive would run from the northwest corner of the rear town parking lot straight out to Route 74 with provisions to tie in this site and the other three parcels on the east side of Sullivan Avenue.

Commissioner Wentzell asked Bubaris if there is a safety concern when you have an exit only and having someone making a mistake from Sullivan Avenue and turning into the exit, until it is well known?

Bubaris indicated it should be signed appropriately and there is a very good sight line from Sullivan Avenue.  If a motorist made a mistake and turned into the exit only, they would still be able to enter the site through the exit drive.

Commissioner Kennedy questioned the 33 parking spaces based on the site plan, since the post office utilized 47 spaces.

DeMallie responded that the parking lot striping indicates 47 spaces.  The parking in not being increased; there are actually 47 parking spaces existing on the site.

If the access were cut off entirely on the northerly entrance would this parking lot be similar to the CVS parking lot?

Doolittle responded that the site could be configured to allow a vehicle to turn around and exit the site.

Commissioner Kennedy referred to Section .5.3.4.4b; the site needs to be evaluated for public safety issues for the access drives

Attorney McHugh responded that, in the site plan regulations, the Commission has the ability to address the traffic concerns raised by staff. The traffic engineer has recommended one way in and one way out.  We are willing to adopt that recommendation as long as we are not required as a part of the approval process to tie into the rear access drive in the future.  We do not know what the cost will entail and this item has not been assigned funding and is conceptual.

A discussion between Attorney McHugh and Commissioner Kennedy ensued regarding the public safety of the site.

Commissioner Choate inquired if the traffic engineer investigated the accident records of the Old Post Office?  Bubaris responded no, he has a request in to DOT but has not received the most recent accident data yet.

Banach responded to Commissioner Choate’s question regarding the accident records and stated that the 1998–2000 DOT accident report indicates 27 accidents from Sand Hill Road to the four-corner intersection.  The data does not indicate the specific location of these accidents.

Commissioner Evans asked if the new and planned developments in the area are included in the traffic report.  Bubaris responded yes.

Commissioner Evans noted that the post office was built in a residential zone, under federal jurisdiction rather than local, and there was no guarantee of future use.

Mr. Kerin indicated the town sold the property to the Kerin’s so the post office could be built.

Commissioner Evans indicated that a rear access drive would never be built if the Commission relied on the owners being willing to tie into it.  The reason for access management in town is for safety.

Commissioner Montana noted that a driveway stub should be provided in the rear of the lot if there is the possibility of future development of the Town Hall access drive.  There is a traffic problem at this site and that is why the Post Office relocated.  This application has come forward to the Commission with no willingness to work with the town on the access management issue.

DeMallie stated the applicant would tie into the access drive if it were built at the town’s expense.

Commissioner Bazzano inquired whether there would be a left-turn lane and a right-turn lane on the exit if the drives are one-way?

Bubaris responded the exit would be one lane out to Sullivan Avenue.

Chairman McCann stated the applicant indicated they wanted to have a dialogue with the Town to reach an agreeable solution to this site, but so far the applicant has dictated which conditions they would and would not accept. He also noted that the applicant has indicated that they will only accept certain conditions, yet the applicant has presented no evidence that their original proposal for full access at two driveways is even viable.

DeMallie stated that the applicant is willing to accept the one way in one way out on to Route 194 and will tie into the access drive but not at the expense of the applicant.

Mr. Kerin indicated the cost of tying into the rear driveway is unknown and he cannot commit to this as a condition of approval.

Chairman McCann asked Bubaris the traffic report was based on a general office use and if used for medical offices would the traffic generated be different?  Bubaris responded yes and medical offices would increase the traffic 20 percent.

Chairman McCann addressed Attorney McHugh stating the parking space variance granted on this site is only for general office use, and if the space was used for medical offices the medical office parking requirements would have to be met.

Attorney McHugh responded that the applicant is aware of the variances for the parking spaces being only for general office use.

The public hearing closed.  There was a five-minute recess.

Appl 02-59P, Evergreen Walk--Expo Design Center, request for site plan of development approval for a 90,250 sq ft retail building located on the west side of Buckland Road, north of Smith Street, GD zone

Alan Lamson, FLB Architecture & Planning, Inc., represented the applicant, Evergreen Walk, LLC, for site plan approval for the Expo Design Center.  Lamson distributed to the Commission his Curriculum Vitae for their review.  On October 11, 2002, application pending signs were posted on the proposed parcel and Lamson submitted photos of the posted signs.

Lamson introduced his team presenting on behalf of the applicant.  Lamson gave a brief overview of the project, which requests site plan approval for a single building containing 90,250 square feet to be occupied by the Expo Design Center. The site will include 414 parking spaces, with a request for a parking waiver of 38 spaces in accordance with section 13.4.1 of the zoning regulations, which will minimize storm water runoff for the site.

Lamson referred to the Evergreen Walk General Plan of Development and indicated that the location of the Expo site is at the southeast corner with Buckland Road to the east and Smith Street to the south.  The application is consistent with the General Plan of Development.  The building is slightly smaller and the access road, parking layout, and service road are the same as shown on the approved General Plan.

The General Plan of Development approved in October 2001 included the following items:

Land uses for retail, office, hotel and other uses
General location of uses
Traffic generation and distribution
General road network including the location of the access drives off of Buckland Road and Deming Street
Landscaping theme of the overall site

Todd Moser, Greenberg Farrow Architecture, described the site and the Expo Design Center.  Expo’s first store opened in 1991, and there are now 50 stores throughout the country.  This would be the first store in the Greater Hartford area.  This facility will employ approximately 150 employees with full benefits.

The Expo Design Center is a full service interior design center featuring 10 design centers within the building including kitchen cabinets, appliances, floor and wallcoverings.  Moser submitted to the Commission a handout with the layout of the facility and the showrooms.  He described the showrooms as walking into a home design magazine which allows the customer to see how the elements all fit together.  The facility offers professional installation for all products.  The store hours are generally from 10:00 am to 9:00 p.m. Monday through Friday, Sunday 10:00 .a.m. to 6:00 p.m.

Jay Giles, Professional Engineer with Fuss & O’Neill, Inc., submitted his Curriculum Vitae to the Commission.  Giles gave an overview of the utilities for the site. The site  access road will be located directly across the street from the Lowes/Target driveway, as approved on the General Plan.  Public water will service the site.  Public water is provided by the Connecticut Water Company.  Where the Expo Design Center is proposed there is a 12-inch water main on Smith Street and a 12 inch water main on Buckland Road. They are proposing to bring water service in from Smith Street around in front of the building and out the access road. In the future the water line will extend to other sites further north.  There is very good water pressure in this area.

Sanitary sewer will leave the site across the access road in a northwesterly direction and connect to the proposed gateway truck sewer that will eventually bring the sewage to Clark Street pump station.

Giles noted that the sewer line will service other facilities on the plans.  The design is in conformance with town public improve specs standards and the Connecticut Department of Transportation 814A and TR16 prepared by the New England Interstate Water Pollution Control Commission.  The water mains will be designed in accordance with the American Water Works Association and the Connecticut Water Company specifications.

Electric service is currently available, recently upgraded and adequate to service the site. Electric lines will be underground. Gas service will be provided by the Yankee Gas Company from Buckland Road through the access drive; the gas main was recently extended.   

The roof drainage will be discharged to a rain garden, which is a depressed area or swale in the ground that will retain at least 6 inches of water following a storm. It is being proposed to hold the first ½ inch of rainfall in the swale prior to its overflow to the storm system.  The paved area will flow to the rain garden areas in the front parking field. There will be overflows from the rain gardens into the storm drainage system.  The rain gardens have outflows that will allow six inches of water to pond in them.  They are approximately two feet below the grade of the parking lot.

The rest of the storm drainage system is conventional drainage, with catch basins with four-foot sumps designed to trap sediment.  All systems will tie together at the northwestern portion of the site and discharges to a grass swale that leaves the site and will flow down into a detention basis located approximately 1,000 feet away from the site. There will be stone check dams that will allow the water to infiltrate into the ground water.  The detention basin will store runoff of a two-inch rainfall.  There is no measurable impact to the Plum Gulley Brook or Podunk River watershed. Giles submitted drainage reports to the Commission.

A lighting plan for the site has been provided and approved by the Architectural and Design Review Committee.

Steven Mitchell, Professional Engineer with F. A. Hesketh, submitted his Curriculum Vitae to the Commission.  The traffic report includes the traffic impact for the entire development with traffic improvements including the highway ramps and the reconstruction and replacement of the Lowe’s signal to accommodate the new signal heads.  With these improvements in place a level of service C or better would be accommodated during both the afternoon and Saturday peak hours of operations.  The afternoon peak hour is when the commuter traffic is at its highest; Saturday noon time when shopping is at its highest.  

The trip generation for this particular building is relatively low and showed no significant impact beyond this intersection.  Tests taken at Pleasant Valley Road/Buckland Road intersection showed no traffic impact.

In conclusion, the proposed improvements are adequate and conform to the regulations for site plan approval.

Jack Klosson, Associate Professor at the University of Connecticut Department of Natural Resources Management and Engineering, was introduced. He received a PhD in Hydrology from the University of Minnesota, studying water for 30 years.  Klosson also worked with the Minnesota Department of Natural Resources in a regulatory capacity.

Klosson currently conducts research and teaches in the field of storm water management practices and has designed and installed 13 rain gardens in the Connecticut area, including two research rain gardens.  .  Klosson described the function of rain gardens to be utilized on this site.  The intention is to distribute rain gardens around the site to infiltrate water back into the ground water in urban settings, to maintain urban streams.  There are two purposes for this:

Management of water quantity – designed to accept water rather than to shed water and contribute to runoff.  The rain gardens will be equipped to accept six inches of storage and infiltrate it into the ground; and the soils in the rain garden are designed to accept the infiltration.  The infiltration will help maintain existing base flow on the site.  This concept is new to Connecticut.  

Water quality benefits – trap sediments, phosphorus, and metals on site.  

Rain gardens are located on site in parking lots designed as depressed islands rather than the typical raised islands.  The water will be accepted through curb cuts.  The overflow will flow into a catch basin.

The rain gardens will capture the first ½ inch of rainfall, referred to as the “first flush.”  Roof runoff will be diverted into the grass swale behind the building. The detention basin located at the end of the grass line swale has a forebay for sediment settling and maintenance.  The shape is a long linear design that will allow for optimal water quality renovation.  

The bottom of the basin is lined with wetland plantings for water quality.  There will be reductions of water flow due to the use of the rain garden practices on the site.  Four-foot sumps will be used in catch basins rather than two-foot sumps.  The best management practices are being used to reduce storm water runoff.

Rick Johnson, Architect with Greenberg Farrow Architecture, stated the firm has been involved with the Expo Design Center from the beginning and after reviewing the zoning regulations for South Windsor it was obvious that the standard prototype of the Expo Design Center could not be built in South Windsor.  After meeting with town staff and working on the design of the building Johnson presented to the Commission the building and the proposed materials to be used in the construction.

Johnson gave an overview of the features of the building such as the covered cart storage area outside of the building, main entrance canopies, screening of the roof top hardware, etc., all in conformance with the Gateway Zone.  Johnson stated he would like to get together with the architect for the lifestyle center to use compatible color and materials.

Rosemary Aldridge, Landscape Architect with InSite, presented the landscaping plans. An earth berm along Smith Street will be heavily planted to provide maximum screening from the residential area to the south.  The evergreen trees on the berm would be approximately 12-14 feet in height with flowering plantings to give immediate screening of the building at installation.  This buffer area should screen Smith Street residence from any roof hardware on the building.

The boulevard plantings will be designed as a hierarchy of plantings and will include year-round plantings.  The planting in the islands will include rain garden plants, which will allow for stormwater rejuvenation and address water quality issues with a variety of wetland plantings that would be very adaptable.  This landscape theme has been carried into the site and all the parking areas throughout the site have landscaped islands.  There will be a screen wall at the corner of the building to screen the loading dock in the front of the building, which will not be visible.  

There will also be a 3 to 3 ½ foot stonewall along the Buckland Road frontage up to the drive entrance with an area of plantings. The signage for the Expo Center would be an integral part of the stone wall.  There will be a sidewalk constructed along the Buckland Road frontage with shade trees.  A lot of color has been provided in the various plantings themes throughout the different areas on the site.

Aldridge submitted an architectural elevation view sheet to demonstrate to the Commission the points of view from the south and north of the site.  There is never a view of the top of the building.  The building is completely screened.

The plantings for the detention basin are a variety of plants adaptable to wet and dry conditions which enhance the habitat.  The landscaping plans meet and exceed all the requirements.

In conclusion, Lamson summarized the presentations indicating the use of this building for the Expo Design Center is quite different from any other use that currently exists in this market area.  The application conforms within the General Plan of Development previously approved by the Commission.  The Architectural Design and Review Committee approved the landscaping, lighting, and architecture of the building.  The signage for the site includes a freestanding sign and two building signs, which are in conformance with the regulations.

In the continuation of the public hearing the applicant would like to opportunity to respond after the public and Commissioner comments.

Chairman McCann stated the Commission has received a Motion to Intervene in the proceedings under the Environmental Protection Statutes of Connecticut for application 02-59P.  McCann spoke with the Town Attorney and requested a written opinion be provided with a recommendation as to how the Commission should proceed.  

Commissioner Wentzell inquired as to the reason for the intervention.  Chairman McCann explained the petition received from Buckland Hills, LLC was a very generalized petition.

Commissioner Kennedy asked if there is any time constraint on acting on the petition?

Chairman McCann responded there is no time constraint but the Commission needs to make a determination before the public hearing closes because the intervener would have the right to participate in the public hearing process.

Chairman McCann indicated the Commission would await the opinion of the Town Attorney regarding the intervener‘s petition.

Chairman McCann asked Banach is there are any time constraints regarding the continuation of the public hearing for application 02.59P, Expo Design Center.  Banach indicated that without an extension from the applicant the Commission would have to render a decision by December 26, 2002.

Lamson stated the applicant would contact the Planning Department and provide an extension beyond December 26, 2002.

Banach indicated the next available meeting date would be January 14, 2003.

Motion to continue the Public Hearing to January 14, 2003 was made by Commissioner Kennedy, seconded by Commissioner Choate.  The motion carried and the vote was unanimous.



Respectfully Submitted,

Kelli Holmes, Recording Secretary