MEMBERS PRESENT: Kevin McCann, Marshall Montana, Louise Evans, Tim Wentzell, Suzanne Choate, Sue Larsen, and Patrick Kennedy
ALTERNATES PRESENT: Bart Pacekonis
STAFF PRESENT: Michele Lipe, Assistant Director of Planning
Jeff Doolittle, Town Engineering
PUBLIC HEARING – COUNCIL CHAMBERS
Chairman McCann opened thje Public Hearing at 7:30 p.m. Commission Evans read the legal notice as published in the Journal Inquirer. Chairman McCann reviewed the procedure of the public hearing.
Appl 03-34P, William Mangino, request for renewal of a two year temporary and conditional permit for two apartments on property located at 272 Pierce Road, RR zone
William Mangino was present to request a renewal of a temporary and conditional permit for two apartments. Mangino indicated there are no changes to the existing approval and there was no opposition from his neighbors.
Lipe reviewed the Planning Report:
Request for a renewal of a two-year temporary and conditional permit for two in-law apartments at 272 Pierce Road, RR zone. These are apartment were originally created through a temporary and conditional permit granted by the ZBA in 1989 and have been renewed every two years since then.
The wording of the Temporary and Conditional permit regulations is that “Temporary and conditional permits may be granted by the Commission for 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 with substantially served, and the appropriate use of neighboring property will not be substantially or permanently injured, and traffic and other hazards will not result from such use”.
The RR zone allows for both accessory apartments and in-law apartments. However, the regulations do not allow for the creation of more than one accessory/in-law apartment. In addition, there are no provisions in our regulations for multiple apartments in single-family zones.
If this application is approved, the Planning Department has no modifications to request. We would recommend that the standard approval conditions apply.
Doolittle had no Engineering comments.
There was no public participation. The Commission has the following questions/concerns:
Commissioner Larsen inquired who is residing in the two apartments? Mangino responded his two sons.
Chairman McCann questioned if it would be possible to approved one apartment as an in-law apartment and the other as a temporary and condition permit? Lipe indicated that would be possible. One would have a five-year duration and the other would remain a two-year duration.
Mangino indicated there maybe a change in the occupancy over the next 3-5 years and would consider it at the time of renewal.
The public hearing closed.
Appl 03-36P, SWALPAC, request for renewal of a two year temporary and conditional permit for the South Windsor Farmers Market at 261-297 Oakland Road, RC zone
Susan Peterson was present to request a renewal of the current temporary and conditional permit.
Lipe reviewed the Planning Report:
Request for a temporary and conditional permit to operate a Farmer’s Market at the Wapping Shopping Center two days a week, Saturday and Sunday during daylight hours. A Temporary & Conditional permit was first granted in 1999 and renewed in 2001. The current request is for a Farmer’s Market on Sundays, starting June 16 and ending October 18, from 11:00 a.m. to 2:00 p.m. We are not aware of any complaints or issues arising from previous years’ permits.
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.” Farmer Market is not specifically listed as a permitted use in any zone.
Doolittle had no Engineering comments.
There was no public participation.
Commission Evans asked who is the applicant applying for the permit? Peterson responded that SWALPAC originally was the applicant and she is one of the farmers that sells at the market and is presenting the application.
Commission Montana commented that Mrs. Peterson creates the most beautiful bouquets.
Chairman McCann inquired where the parking would be located and the number farm stands. Peterson responded they would be using the northern west corner of the parking lot at the Wapping Shopping Center. There will be 8 to 10 farm stands.
The public hearing closed.
Appl 03-37P, South Windsor Soccer Club, request for a two year temporary and conditional permit for a sign to be located on the corner of Nevers Road and Sand Hill Drive, RR zone
Marc Glass was present to represent the South Windsor Soccer Club requesting a two-year temporary and conditional permit. They would like to have a portable sign in the parking locate the Nevers Road field. The Parks Department removes the sign in the winter months.
Lipe reviewed the Planning Report.
Request for a two year temporary and conditional permit to allow a 4 ft X 8 ft portable signs publicizing soccer club activities on as need basis at the intersection of Nevers Road and Sand Hill Road, RR zone.
The wording of the temporary and conditional permit 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 of time not to exceed two years. Such approval may be given after a Public hearing, if in the judgement of the Commission, the public convenience and welfare will be substantially served, and the appropriate use of neighboring property will not be substantially or permanently injured, and traffic and other hazards will not result from such use.”
There are currently provisions in the existing sign regulations which would accommodate signage for a non-profit group for a period of 90 days prior to the event. This approval is granted with a temporary sign permit. The applicant has indicated they would like to place the sign on site more often than that.
Staff would note that, according to our recreation department, other groups such as the lacrosse teams and the high school teams use these town fields for their practices/events- not just the soccer club. Planning staff has some concern about the allowance of such a sign on a continuous basis year round because of the precedent it would set (other non-profit groups requesting the same kind of approval.)
It this application is approved, Karl Reichle, Sup’t of Parks and Grounds has requested that the sign be removed when it is not in use. Planning staff would request that specific timeframes be established so that the sign does not remain on site continuously.
Doolittle had no Engineering comments.
There was no public participation.
The Commission had the following questions/concerns:
Chairman McCann questioned if the site line would be effected by the sign? Doolittle stated site line would not be a concern. Staff should review where the sign is going to be located in the future.
Commissioner Larsen asked what is the time frame for the sign to be used? Glass responded the sign is out for fall/spring during the soccer season advertising registrations, try-outs, and funding raising. Glass
indicated the 90-day temporary permit though the Planning Department would be appropriate to apply for but it was his understanding only two 90-day temporary permits could be issued in a one-year period.
Commissioner Larsen inquired if the applicant would accept a condition limiting the number of months the sign could be used. Glass responded that would be no problem.
Commissioner Kennedy inquired how long the applicant had been advertising on the portable sign at Nevers Road. Glass responded for five years.
Chairman McCann inquired if the soccer club owned the sign. Glass responded yes. Chairman McCann wanted the applicant to be aware if the PZC approves the application for the sign, the applicant would still need to have the permission of the other agencies in town to get the various approvals that would be necessary.
Commissioner Kennedy stated there is temporary sign permit process that the applicant would be able to apply for to allow the soccer club to advertise for the various soccer events, etc.
Lipe added the temporary sign permit needs to be applied for at no cost each time a temporary permit is needed and will required the signature of the Town Manager if placed on town owned property.
The public hearing closed.
The Commission took a five-minute recess and reconvened in the Madden Room for the Special Meeting.
SPECIAL MEETING – MADDEN ROOM
There was no public participation for item not on the agenda.
Appl 03-38P, Murtha Horses, request for approval for two horses on property located at 1280 Main Street, A-40 Zone
Lipe reviewed the planning report and indicated the applicant was present for questions.
Request for approval under Section 4.1.9 to keep up to two horses on property at 1280 Main Street. General criteria for keeping horses for personal use include due consideration to the conservation of property values; the general character of the neighborhood, and the general welfare of the Town. In addition, there are specific criteria that apply, including:
A minimum of two acres is required for the first horse and an additional acre for each additional horse. This property includes more than 10 acres.
Housing/stabling of horses is restricted to the rear yard of the premises. The accessory buildings used to shelter or feed the horses must be located at least 125 feet from the street, 40 feet from any side or rear property line, and 100 feet from any dwelling located on an adjacent property. There is an existing barn on this property that does not meet the 40’ setback requirement, but does meet the
100 feet from any dwelling requirement. A fenced area of at least one acre for each horse must be provided. In lieu of fencing, a riding ring may be substituted.
Manure shall not be allowed to accumulate to cause any health hazard, and shall be subject to inspection by the Health Officer. Fly control measures shall be required; and
There shall be no outside storage of feed or bedding material. The regulations have a provision for a waiver to these requirements in cases where lot configuration and location do not permit strict conformance with the regulations.
The applicant has submitted a plan showing two fenced in area that exists on the site. The barn is approximately 2,100 sf and located in conformance with the regulations.
If this application is approved, the Planning Dept. has no modifications to request.
The Commission concerns included the management of the horse manure. The applicant indicated the manure would be disposed of every two weeks.
Motion to approve was made by Commissioner Kennedy, seconded by Commissioner Wentzell. The motion carried and the vote was unanimous.
Appl 03-26P, South Windsor Swim & Tennis Club, request for a special exception to 4.1.8.b and site plan to light on tennis court at the South Windsor Tennis Club, 2980 Ellington Road, RR zone
Chairman McCann stated there was a question regarding the lighting at the entrance of the club at the public hearing and it was indicating there is a light post at the entrance of the club on Ellington Road.
Commission Choate questioned the time the lights would be turned off. It was discussed by the Commission and 10:00 p.m. was an agreed upon time.
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.
All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
The building street number must be included on the final plan.
Additional lighting should be added on the site to provide lighting for the parking area to the tennis courts.
The lights should be off by 10:00 p.m.
The tennis courts should be only lit while in use
seconded by Commissioner Choate. The motion carried and the vote was unanimous.
Appl 02-29P, Tom Lovett, request for a five year major home occupation for a landscaping known as Pleasant Valley Landscaping business 44 West Road, RR zone
Commissioner Wentzell expressed concerns for the growth potential of this type of business and stock piling of topsoil and various landscaping materials.
Commissioner Montana has concerns with the access drive on the adjacent property. Commissioner Evans felt the driveway should be on the applicant’s property if at all possible.
Chairman McCann stated he would be in favor of an approval condition of an easement to use the adjacent property for the driveway.
Motion to approve with modifications was made by Commissioner Montana,
The business must be operated by the homeowner.
The permit will expire on June 17, 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.
Any new building, or alteration/additions to existing buildings, requires a building permit prior to start of construction.
There is no outdoor storage of material nor disposal of material permitted on site.
Cross-travel easement for the driveway is required.
seconded by Commissioner Kennedy. The motion carried and the vote was unanimous.
Appl 03-17P, Old Post Office Site, request for site plan approval for office use on property located at 1530 Sullivan Ave, RO zone
Commissioner Choate commented that she does not see this application as new development. The building was developed as a federal building and was not required to come before the Planning & Zoning Commission.
Commissioner Kennedy agreed with Commissioner Choate and stated new development is new construction and should not apply to this building. There are older buildings in town that pre-exist zoning. The site plan being used to calculate the parking has no standing because it has never been officially filed with the town. The regulation dealing with public safety gives the Commission the ability to limit the number of driveways on to Sullivan Avenue, but the connection to the rear drive should not be a requirement of the applicant.
Commissioner Evans disagreed strongly and feels this is a new development and is subject to access management.
Chairman McCann stated the site is subject to Planning & Zoning Commission approval although he would be in favor of approving the use of general office space, but medical office would require a need for additional parking and approval. The applicant has offered a reasonable proposal to connect to the rear drive within a reasonable time frame if and when it is constructed.
Commissioner Evans feels that a five-year time frame is too short and the access will not be complete within such a short time, and feels that a ten-year time frame will be more realistic. To connect would make it easier accessing the site.
Commissioner Wentzell stated this is a difficult site and there are benefits of access management, but does not clearly feel that the rear access to this site would have a huge benefit.
Commissioner Montana commented that when traveling to Town Hall she almost always uses the rear access and agrees that the rear access would be a benefit to the site. The traffic along Sullivan Avenue will only increase and would like to see the condition in the approval for the connection to the rear drive within a reasonable time frame (five year – ten years).
Commissioner Choate commented that it could be difficult to leave the site from Route 74 as well as Sullivan Avenue.
Jeff Doolittle, Town Engineer, stated there is a plan for the access drive to route 74. The grading in the site plan will allow for adequate site lines from the access drive in both directions.
Lipe responded to Commissioner Wentzell’s comments regarding the access management. There are a couple of standard conditions that the regulations require to happen:
An easement allowing cross-access to and from the property served by the rear access drive.
An agreement that the remaining access right along Sullivan are dedicated to the Town of South Windsor
An agreement at the time of service drive is built on town land in the rear incorporating the standard access management language
In extending the property lines the applicant will connect to the service drive at the property boundary within eight months of completion of the drive and the existing drive at Sullivan Avenue will become a right run only entrance/exit.
Chairman McCann inquired when the five-year time frame should begin and stated it could be when the access drive to the rear is put out to bid and that would give the applicant a more definite time frame.
Commissioner Wentzell mentioned when Town Council votes and approves the rear drive project at that point the condition should come into effect.
Chairman McCann stated when the project reaches the bidding stage would indicate the project proceeding forward.
Commissioner Pacekonis stated he agrees with Commissioner Evans and would like to see a 10-year condition to connect placed on the approval.
Chairman McCann commented if the property were to be sold there would be the question of the $14,500.00 obligation to property owner regarding the rear access that was mentioned at the public hearing.
Commissioner Choate questioned some corrections that should be made of the plans. Lipe indicated they do not have any final plans.
Commissioner Evans concerns is the number of parking space and the applicant wanting to enclose the loading dock. Evans mentioned possibility more parking could be utilized in that area.
Commissioner Montana mentioned a letter was submitted from an adjacent property owner that was read in to the record at the public hearing indicating there was once a fence along the property line they would like to have reinstalled. The applicant at the special meeting mentioned constructing a fence on the adjoining property but wanted to locate the fence on the neighboring property because of a retaining wall.
A discussion of the Commissioner regarding the fence along the property line. Lipe indicate she had the letter from the owner of the adjacent property available but there is no record of the fence that was pre-existing.
Chairman McCann mentioned this building was a federal building that is now subject to the regulations and that need to be kept in mind.
Commissioner Evans commented the parties were aware of the impact of the building when it would no longer be used, as a federal building would be subject to town regulations.
Commissioner Kennedy mentioned the owner put pressure on the Post Office to relocate on behalf of the town and the Commission should keep that in mind.
Chairman McCann stated this application is unique and the Commission has to deal with the situation as it stands today.
Commissioner Montana made a motion to approve with modification,
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.
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.
The building street number must be included on the final plan.
Access will be one-way, with the south driveway as the entrance and the north driveway as the exit, as shown on the approved plans. The drives will be appropriately signed, to the satisfaction of the South Windsor Police Dept.
In accordance with the provisions of Section 3.A and 5.3.4.4, if a contract is awarded by the Town of South Windsor to construct a service drive on Town land to the east of this site and said service drive is extended to the site boundary within 5 years, the applicant is required to connect to the service drive at a cost not to exceed $14,500. The access to Sullivan Avenue will at that time become restricted to right turn in and right turn out only.
In accordance with the provisions of Section 3.A, the applicants shall enter into and file on the land records a joint access agreement that includes at a minimum the following:
An easement allowing cross access to and from the other properties served by the rear access drive;
An agreement that remaining access rights along Sullivan Avenue are dedicated to the Town of South Windsor; and
An agreement that at such time as a service drive is built on Town land in the rear of these properties and extended to the property boundary, the applicant will connect to the service drive at the property boundary within 8 months of completion of the drive.
The existing drive to Sullivan Avenue will become a right turn only entrance and exit.
The Town Engineer’s comments dated May 23, 2003 must be addressed to the Town Engineer’s satisfaction.
One way directional signs must be added to the entrance.
A stockade fence must be erected along the north property boundary to screen the parking area, to be coordinated with the abutting property owner.
seconded by Commissioner Kennedy.
Commissioner Kennedy amended the motion by deleting the requirement that the applicant has to connect to the rear drive.
Commission Choate seconded the amendment.
Commissioner Kennedy wanted the record to reflect that a bad precedent is being set by expanding the coverage of the access management.
Chairman McCann stated that access management is one of the most important tools for the safety of the development in town and a fair reading of those regulations would include this site. Chairman McCann
mentioned that during discussions there would be no alteration to the entrance and exists on Sullivan Avenue and the rear access drive.
Commissioner Choate commented her recollection was the applicant didn’t want to change the access on Sullivan Avenue when connecting in the rear, but it was Commissioner Choate understanding that they would have to the way the motion read.
Lipe stated it is an easement agreement and the wording could be changed by the Commission.
Commissioner Pacekonis commented that there is an opinion of the Town Attorney supporting the access management issues on this site.
Commissioner Kennedy indicated the Commissioner should evaluate all the arguments presented and then render their decision.
There was a discussion of the Commission regarding the entrance and exit of the site on Sullivan Avenue.
Commissioner Montana inquired if there should be another amendment eliminating the movement of traffic on Sullivan Avenue after connection to the rear becomes available.
Commissioner Kennedy inquired if the Commission should vote on the pending amendment.
Chairman McCann called a vote the on the amendment made by Commission Kennedy.
The motion failed. The vote was as follows 5:2; Montana, Evans, Larsen, Wentzell, McCann, nay; Kennedy, Choate, aye
Motion to approve the original motion was made by Commissioner Montana, seconded by Commissioner Larsen. The motion carried and the vote was unanimous.
Peter DeMallie, who was present for the applicant, asked for clarification from Chairman McCann to the exact approval conditions.
Appl 03-34P, William Mangino, request for renewal of a two year temporary and conditional permit for two apartments on property located at 272 Pierce Road, RR zone
Motion to approve with modifications was made by Commissioner Evans,
This approval is for an in-law apartment for a family member/relative only. When the in-law apartment is no longer occupied by a relative of the family, the apartment cannot be treated as a second dwelling
unit. Instead, the kitchen must be removed and the living area must be converted into other living space for the main dwelling.
This permit will expire in two years, on June 17, 2005, 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 Kennedy. The motion carried and the vote was unanimous.
Appl 03-36P, SWALPAC, request for renewal of a two year temporary and conditional permit for the South Windsor Farmers Market at 261-297 Oakland Road, RC zone
Motion to approve with modifications was made by Commissioner Kennedy,
The market shall only operate two (2) days per week, on Saturday and Sunday.
The Temporary and Conditional permit will expire on June 17, 2005.
seconded by Commissioner Choate. The motion carried and the vote was unanimous.
Appl 03-37P, South Windsor Soccer Club, request for a two year temporary and conditional permit for a sign to be located on the corner of Nevers Road and Sand Hill Drive, RR zone
Commissioner Evans feels the 90-day permit would give the town some knowledge of the sign and when it is in use. This will accomplish the applicants needs and the needs of the town.
Motion to deny application 03-37P, was made by Commissioner Evans, seconded by Commissioner Larsen.
There was a discussion of the Commission regarding the temporary sign permit vs. a temporary and conditional permit.
The temporary sign permit would allow tracking for the town
Gives the town more control as to what signage is placed on town property
The sign is portable and not very attractive and can easily be removed when not in use
The applicant would be able to apply of a 90-day permit as needed (there is no limit per year).
The motion carried and the vote was unanimous.
ITEM: Minutes:
The minutes from May 13, 2003 were approved by consensus of the Commission.
ITEM: Bonds
Appl 00-03P, Constitution Landing
Motion to reduce the subdivision bond for Appl 00-03P, Constitution Landing to maintenance level from $212,394.00 reducing to $21,000.00 was made by Commissioner Evans, seconded by Commissioner Kennedy. The motion carried and the vote was unanimous.
ITEM: Adjournment
Motion to adjourn at 9:10 p.m. was made by Commissioner Kennedy, seconded by Commissioner Choate. The motion carried and the vote was unanimous.
Respectfully Submitted,
Kelli Holmes
Recording Secretary
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