MEMBERS PRESENT: Kevin McCann, Marshall Montana, Louise Evans, Sue Larsen, Tim Wentzell, Suzanne Choate
ALTERNATES PRESENT: Bart Pacekonis
STAFF PRESENT: Michele Lipe, Assistant Director of Planning
PUBLIC HEARING – MADDEN ROOM
Chairman McCann opened the public hearing a 7:30 p.m. Commissioner Evans read the legal notice as published in the Journal Inquirer.
Appl 03-04P, Derosier, request for 5 year major home occupation for machining of small parts on property located at 69 Brian Road, A-20 zone
Louis Derosier presented to the Commission his proposal to conduct a small machining operation in the basement of his home. Derosier stated the company he retired from inquired if he would be interest in small machining jobs on an as needed basis.
Derosier explained he would be machining small parts made of aluminum, stainless steel and other various metals. The waste of the metal chips during machining would be return to the company when the job was complete. He stated there would be no change to the home.
Chairman McCann inquired to the hours of operation, size of the parts, and deliveries.
Derosier responded there would be no set hours of operation. The size of the parts would be under a 12 inches. He would pick up and deliver all jobs and there would be no truck traffic or customer traffic to the home.
Lipe read the Planning Report:
This is an application for a 5 year major home occupation for machining of small parts in his home, for property located at 69 Brian Road, A-20 zone. The applicant has that he will pick and deliver all parts that associated with the business. The applicant has indicated that it will be on an as needed basis.
The applicant is proposing to use an area in his basement, approximately 180 sq ft., which represents 17% of the house. There are no exterior changes proposed.
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.
The existing house is served by public sewer and water. Fred Shaw, Superintendent of WPCA, indicated that WPCA approval is not required as there is no process wastewater. The owner must provide for his own refuse/recycling disposal for waste generated by this activity. The applicant has indicated that scrap materials will be disposed of at G&S Scrap Metal on Route 5.
The applicant appears to meet the physical criteria for the home occupation. The parking requirement is being met with the existing driveway.
The applicant is allowed a two square foot sign, however is not proposing a sign with this application.
If this application is approved, the applicant will complete a home occupation form, which contains acknowledgment that the applicant will abide by criteria contained in the zoning regulations. The applicant would also be required to return to this Commission for renewal upon expiration of the 5-year permit period.
There were no engineering comments.
There was no public participation.
The other concerns of the Commissioners were the noise levels of the machinery and if windows and doors would be opened while operating the machinery.
Derosier stated he would not be leaving doors and windows open while working. If it was too warm to work there would be a fan used for cooling. There has never been any complaints from the neighbors regarding noise.
The public hearing closed.
Appl 03-05P, Whitin In-Law apartment, request for a 5-year in law apartment permit for property located at 115 High Street, A-20 zone
Rick Whitin presented to the Commission his proposal for an in-law apartment in his home for his mother. The apartment will be located on the lower lever of a raised ranch. An interior door will be added next to the recreation room with a bedroom, living room, bathroom, and kitchen with a dining area. The additional vehicle will be parked in the garage. The exterior of the home will not change.
Lipe read the planning report:
Request for a permit for an in-law apartment at 115 High Street, A-20 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 has provided a plot plan of the property as well as a floor plan of the in-la apartment. The apartment proposed is to be constructed on the lower level of a raised ranch house. This in-law apartment is proposed to be 584 square feet, (which represents 27% of the total grass floor area.) It appears that all other zoning requirements have been met.
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.
There were no engineering comments. There was no public participation on this application. The public hearing closed.
REGULAR MEETING – MADDEN ROOM
McCann called the meeting to order. There was no public participation regarding items not on the agenda.
Commissioner Pacekonis was appointed to sit for Commissioner Kennedy
Appl 03-02P, Dee Zee Ice Company, request for site plan approval for a 6,200 sq ft industrial building, located at the westerly end of Sandra Drive, I zone
Christopher Eseppi, PDS Engineering, was present and addresses the comments from the previous meeting indicating the following:
The relocation of all condensers pads to the front of the building.
The discharge of the ice waste.
The hours of operation.
The drive to the rear
Eseppi read a letter into the record from David Zylberman, Owner Dee-Zee Ice Company, with a description of the proposed operation. (Exhibit A)
Eseppi stated the owner’s hours might be extended due of the nature of the busy seasons. It was also stated the Fire Marshall would like to maintain the rear drive to access the rear of the building. The discharges of ice waste will be discharges in interior floor drains.
The Commission had the following questions/concerns:
Commissioner Larsen questioned the noise factor being so close to a residential area? Eseppi indicated the compressors are being relocated to the front of the building. There will not be a lot of activity to the rear of the building.
Commissioner Wentzell has concerns with the rear door and the activity that could take place behind the building so close to the residential area.
Commissioner Pacekonis concerns are related to the noise levels. If the applicant is going to be working at 6:00 a.m. the decibel levels may be higher than the regulations allow. He is also concerned with the rear door.
Eseppi indicated the compressors are being relocated to the front of the building and the machinery is located inside the building.
Commissioner Evans stated she is impressed with the comments from the neighbors and their understanding of abutting an industrial zone. The rear door is not so much a concern due to the larger buffer. The noise of the condensers should be absorbed from the width of the building and the buffer.
Commissioner Montana inquired if the rear door could be moved to the side of the building. Eseppi indicated that design would not work for the interior of the building.
Chairman McCann concerns are with the rear door being opened while the compressors inside the building are operating and omitting noise towards the residential neighbors. There are restrictions for noise in the evening hours between 10:00 p.m. through 7:00 a.m. Sunday evening– Saturday morning and 10:00 p.m. on Saturday through 9:00 a.m. Sunday. The applicant should be aware of the restricted use of the door during those hours.
Eseppi stated the compressors are in the building in an enclosed room. It was stated, if the hours of operation are a concern, the Commission could be limit the hours of operation as an approval condition.
Commissioner Choate inquired with the compressors being in another room inside the building, would it be reasonable to test it before we restrict the use.
Commissioner McCann concern if there are no restriction in the approval, another company occupies the site as they see fit.
Lipe indicated there are some minor engineering comments that would need to be addressed:
The engineering of the February 11, 2003
The condenser units to be located in the front of the building.
Motion to approve with modifications was made by Commissioner Wentzell,
Prior to commencement of any site work, a meeting must be held with Town Staff.
No building permit will be issued until the final mylars have been filed in the Town Clerk's office.
This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission, including a bond in the amount of $3,000.00.
An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.10 of the Zoning Regulations.
Footing drains are required if the building has a basement.
A landscape bond in the amount of $5,000.00 is required and must be submitted prior to filing of mylars.
All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
WPCA approval is required.
If a State Traffic Commission certificate is required, no building permits will be issued until the certificate has been issued (per CGS §14-311).
The building street number must be included on the final plan.
Engineering comments of February 11, 2003 must be addressed to the Town Engineer’s satisfaction.
All mechanical units to be located in the front of the building to mitigate sound.
The rear loading door and drive must be eliminated.
seconded by Commissioner Montana.
Commissioner Choate commended she doesn’t feel the Commission should remove the rear door because they have the required buffer.
There was a discussion regarding the rear buffer and the use of the rear door. This approval has a previous approval on the site regarding a 75-foot rear buffer. Lipe read that approval condition form the original subdivision into the record.
Stanley Grivers submitted photos of the two trucks that Dee Zee Ice utilizes for their business. Grivers has concerns with the early weekend hours of operation. There is a need to balance both residential and industrials and the concerns of the neighbors should be taken into consideration. Grivers commented on the previous approval letter read into the record by Lipe. He indicated the approval condition of the 75 buffer was due to a lawsuit and an agreement between residences and the town.
Commission Pacekonis referred to the industrial zone requirement section 6.1.5.5c that states a loading docking being 100 feet from a rural or residential zone that will cause undue noise or visual disruption to abutting residential or rural zones or uses.
Commissioner Wentzell stated the use of this door is a loading lock and will cause noise.
Commissioner Evans commented on the size of the trucks and the trailer in the picture provided by Grivers. Eseppi stated the trailer would not be needed when the building is constructed.
Chairman McCann commented on the plans that two of the garage doors one in the front and one in the back are must larger than those at the loading dock. It seems that the doors will be use as to drive through the building.
Why such big doors in those locations? Eseppi stated equipment into the building. McCann stated the Commission has concerns of the use of the doors adjacent to the residential zone.
Eseppi stated the rear door would not be used as a loading dock. The intent of the applicant is to drive through the building.
Can a truck maneuver within the building and would it be possible to use the front loading dock? Eseppi responded yes.
Wentzell added an amendment to his original motion requiring the removal of the wall pak lighting and the rear drive pavement. The motion was seconded by Montana. A vote was called on the amendment and passed unanimously.
Lipe reviewed the conditions as modified.
Motion to approve the original motion as amended passed unanimously.
Appl 02-74P, Battiston’s Cleaner, request for site plan modification for a 5,100 sq ft addition for property located 760 Sullivan Ave, GC zone
Lipe review the application with the necessary changes. Jeff Doolittle, Town Engineer, was not present meeting but Lipe indicated she had Engineering Department review the revised plans.
The Commission engaged in discussion regarding the landscaping and the placement of the side garage door. Benny Zaino, Owner, indicated the plans incorporated the comments of the Commission at the previous meeting. Zaino submitted a signed statement to the commission indicating that the overhead door facing Troy Road would be moved to the rear of the building. There would be a two single access door on the elevation facing Troy Road.
Motion to approve with the following modifications was made by Commissioner Montana
Prior to commencement of any site work, a meeting must be held with Town Staff.
No building permit 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.
Footing drains are required if the building has a basement.
A landscape bond in the amount of $2,000.00 is required and must be submitted prior to filing of mylars.
All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
If a State Traffic Commission certificate is required, no building permits will be issued until the certificate has been issued (per CGS §14-311).
The building street number must be included on the final plan.
Parking formula must be shown on the plans.
Troy Road building line should be corrected to reflect a front yard setback.
ZBA approval must be reproduced on the plans.
Engineering comments dated February 11, 2003 must be addressed to the Town Engineer’s satisfaction.
The overhead door must be placed on the back of the building, not facing Troy Road.
seconded by Commissioner Pacekonis. The motion carried and the vote was unanimous.
Appl 03-07P, Strawberry Fields Condominiums, request for site plan modification to reduce the number of units and revise architectural elevations, for property located on Strawberry Lane and Dzen Way, MF-AA zone
Leonard Jacobs was present to review the proposed changes at the Strawberry Fields Condominium complex located on the southerly side of Sullivan Ave. The applicant is proposing to reduce the number of units by 5- 1 units in each of five groups of building- as a result of demands identified by potential buyers. They are no major site changes proposed; and the utility layout will not change as a result of the proposed unit changes.
The elevations for the single-family units was presented by Alma Martinez. There were two elevations shown – the first depicting a three-unit building including two ranch units and one town house unit. The four-unit building included two ranches with two town houses. The redesign of the units allowed them to provide two car garages for each unit and also allowed them to be a larger. They have also added an entry-vestibule in the front of the units.
DeMallie gave an overview of the changes and mentioned this change will reduce the number of curb cuts and the numbers of garages but the number of parking spaces will increase. ADRC review the proposal and received it favorably.
Commissioner Montana commented that the project to date look attractive and would not want to see the garages being the focus of the façade. Would it be possible to utilize a side-loaded garage in any on the units?
DeMallie indicated there are fewer garage doors with the reduction of units.
Chairman McCann commented that presenting the elevations has made it clear that there is more attention to detail than the building creating a garage front facade.
Motion to approve with modifications was made by Commissioner Wentzell,
This approval allows the applicant to choose between the previously approved layout and the current proposed layout. The building designs may be altered on a building by building basis.
An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.10 of the Zoning Regulations.
Footing drains are required if the building has a basement.
All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
All previous approval conditions remain in effect.
seconded by Commissioner Evans. The motion carried and the vote was unanimous.
Appl 02-58P, Parksite Plunkett-Webster discussion with Design Professionals of site access and the condition of the STC approval
Lipe indicated that application would not be going forward at this time.
All-Phase Electric Supply change order requesting outdoor storage (See Attached)
Lipe reviewed the All Phase Electric Supply site and indicated this came for us is a result of an outdoor storage issue. All Phase Supply is look to approval for outdoor storage. The business as grown over the last six year. The storage trailers and conduit is already existing and the proposal is to remove 13 parking spaces to accommodate the 3 additional storage trailers with outdoor conduit racking. They are proposing to add landscaping on Sullivan Avenue for screening Lipe indicated she visited the site and there will be a view of the outdoor storage from Commerce Way.
The Commission has a discussion and advised this request should come before the Commission for a Temporary and Conditional Permit for the outdoor storage trailers not a permanent approval of outdoor storage.
Appl 03-04P, Derosier, request for 5 year major home occupation for machining of small parts on property located at 69 Brian Road, A-20 zone
Motion to approve with modifications was made by Commissioner Wentzell
The business must be operated by the homeowner and may have no commercial vehicles.
The permit will expire on February 18, 2008, and will have to be renewed at that time.
Refuse from the business cannot be disposed of with residential refuse. Adequate arrangements must be made for business refuse disposal.
There will be no sign on the property.
seconded by Commissioner Evans. The motion carried and the vote was unanimous.
Appl 03-05P, Whitin In-Law apartment, request for a 5-year in law apartment permit for property located at 115 High Street, A-20 zone
Motion to approve with modifications was made by Commissioner Montana
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 February 18, 2008, and 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 Wentzell. The motion carried and the vote was unanimous.
ITEM: Subdivision Bonds
Appl 02-67P, Church-Wood Estates
Motion to release the subdivision bond for Appl 02-67P, Church-Wood Estates, for $3,900.00 was made by Commissioner Evans, seconded by Commissioner Choate. The motion carried and the vote was unanimous.
Appl 01-52P, Vintage Hills
Motion to reduce the subdivision bond for Appl 94-08P, Vintage Hills, from $355,400.00 to $112,600.00
was made by Commissioner Evans, seconded by Commissioner Choate. The motion carried and the vote was unanimous.
ITEM: Adjournment
Motion to adjourn at 9:20 p.m. was made by Commissioner Evans, seconded by Commissioner Pacekonis. The motion carried and the vote was unanimous.
Respectfully Submitted,
Kelli Holmes
Recording Secretary
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