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PZC Minutes 7-22-03

MEMBERS PRESENT:        Kevin McCann, Marshall Montana, Patrick Kennedy, Louise Evans, Suzanne Choate, Sue Larsen

ALTERNATES PRESENT: Roger Cottle
Bart Pacekonis
                                Gary Bazzano                                    

STAFF PRESENT:          Marcia Banach, Director of Planning
                                Jeff Doolittle, Town Engineer

PUBLIC HEARING – COUNCIL CHAMBERS 7:30 p.m.

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

Appl 03-33P, Peter Anthony, request for of a five year major home occupation for a printing business at 97 Pleasant Valley Road, A-40 zone

This application was withdrawn.

Appl 03-43P, Wapping Fair, permit for a five year period commencing in 2003 to hold the annual Wapping Fair on property located on the easterly side of Rye Street, southerly of Griffin Road, RR zone

Paul Petrillo, Chairman of the Wapping Fair, was present and is requesting a renewal of their five –year permit to hold their fair at the Rye Street Park.  The are no changes to this application.  
The fair is held Thursday – Sunday after the Labor Day holiday.

Banach reviewed the Planning Report:

Request for renewal of Wapping Fair’s 5-year permit granted in 1997 for the fair that runs for 4 days each September (Thursday – Sunday after Labor Day each year) at Rye Street Park. The five-year permit conditions include safeguards such as provision each year of a $1 million insurance policy with the Town of South Windsor as an insured party, and a $5,000 bond to ensure restoration of Rye Street Park to its pre-fair condition. The Fair organizers have been very dependable at providing the required insurance certificates and bonds.

Recreation Dept. staff and the Police Department have met with Paul Petrillo, from the South Windsor Jaycees, prior to this meeting to discuss revisions to the approval conditions and have modified them. The parties have agreed to modifications that include changing out the responsibility throughout the approval to the South Windsor Jaycees dba as the Wapping Fair; an agreement with the Police Services as to how the property will be policed (see attached Police Department memo dated 6/25/03- the pay phone requirement was eliminated because they will have multiple phones available); and a statement that Jaycees working on site will be easily identifiable. Staff request that the modifications be incorporated into the approval letter.


A copy of the proposed conditions has been provided.

There was no public participation on this application.

The Commissioner had no questions.  The public hearing closed.

Appl 03-21P, The Casle Corporation (Eastern Connecticut Healthcare Network), request for site plan of development approval for a 40,000 sq ft medical office building located on the west side of Buckland Road, south side of Deming Street, GD zone

Chairman McCann indicated the public hearing was held open to receive the IWA/CC report and to allow the applicant to respond to the Commissioner concerns or changes that were made to the plans.

Banach indicated there have been changes to the IWA/CC plans and the changes have been incorporated into the plans that are before the commissioner.  Banach stated the IWA/CC approved this application on July 16, 2003:  

Banach read the IWA/CC report:

The rain garden shall be constructed under the supervision of Dr. Clausen.

A maintenance plan be developed and implemented for the rain gardens.  The implementation will be the responsibility of the landowner.

Any onsite topsoil that is to be used for landscaping or the mitigation area must be tested for contaminants consistent with the historical agricultural use.

We recommend a bond in the amount of $20,000 be submitted to the Planning & Zoning Commission to ensure compliance with the Erosion and Sedimentation Control Measures.

We recommend a bond in the amount of $25,000 be submitted to the Planning & Zoning Commission to ensure installation of the stormwater structures including the detention basin.

We recommend a bond in the amount of $100,000 be submitted to the Planning & Zoning Commission to ensure creation of the mitigation area.  The mitigation area is to be monitored for three consecutive years to insure the proper establishment of the proposed plant community.  Any disturbances caused to this area will result in the continuation of the monitoring period until the three consecutive year monitoring period can be completed.

The recommendations from the Town Engineer listed in the July 2, 2003 memo must be incorporated into the plan.

Alan Lamson, FLB Architecture & Planning indicated they have no additional comments regarding the application.

Chairman McCann indicated public participation and Commissioner comments have been raised at previous meetings.

Attorney King addressed the Commission regarding the revised planes dated June 11, 2003, and prepared a number of submissions to be filed with the Planning & Zoning Commission.  King reviewed these documents with the Commission dated:

June 18, 2003 ENSR
June 19, 2003 ENSR
June 18, 2003 ENSR Drainage report analysis
June 24, 2003 ENSR Drainage report analysis update
June 13, 2003 Michelle Carlson
June 22, 2003 Close, Jensen and Miller, PC

There was a discussion between the Chairman McCann, Attorney John Mallin, and Attorney John King regarding the hearing being held open for specific reasons.  Chairman McCann addressed the Commission regarding the submission of a pesticide report from the intervenor so late in the application that was not presented to the IWA/CC.  Mallin stated the applicant did not receive the submission was unaware of this report and would object to the submission of this document into the record.

Chairman McCann indicated the letter from Mr. Titus would not be accepted into the record, but would receive it for identification.

King presented a letter from the Department of Environmental Protection dated May 29, 2003, regarding
ECHN wetland issues and addressed the Evergreen Walk project and the Gateway Truck Sewer.


Mallin commented on the submission of the intervenor is in the jurisdiction of the IWA/CC and was addressed to a different application.  The IWA/CC unanimously approved this application.

Jay Giles, Fuss & O’Neill stated all of the concerns of the Commission have been addressed and disagrees with the submissions of the intervenor.

Jane Warren commented on the DEP letter that was submitted by King.  Warren indicated she attended a meeting on June 25, 2003 to discuss the DEP issues on the Truck Sewer application.  Warren indicated the DEP after receiving information regarding the ECHN wetlands had change their position on the application and indicated they would not be able to get a revised letter issued to confirm due to cut backs and authorized Warren and Barry Guliano, South Windsor Town Attorney, to represent their position at local agency hearings.  Additional information was submitted to DEP and to Army Corp and they will be giving their final review of the Gateway Truck Sewer line application and should meet on August 6th for their decision.  Warren indicated she would be available for questions.

Chairman McCann indicated the letter address the Gateway Truck Sewer Line and asked if there were any questions of the Commission for Jane Warren.  

Mallin indicated the applicant portion of the hearing is complete.

Chairman McCann inquired if Town Staff had any comments regarding the additional information submitted at the public hearing.

Doolittle responded he submitted a memo dated July 2, 2003, with the following:

The proposed drainage design meets the Town of South Windsor requirements for stormwater drainage as a stand alone project and the design is consistent with the overall Evergreen Walk stormwater management concept.

The proposed stormwater management system for this application that includes 4 foot sumps and trap hoods in the catch basins and the detention basin should achieve better than 80% TSS removal.  This is conservative in that it does not account for any pollutant removal provided by the rain gardens or the grass swale as these will probably provide little or no stormwater treatment during the winter months.  

The proposed detention basin emergency overflow spillway does not have 1 foot of freeboard in a functioning situation.  To achieve this, the spillway bottom width needs to be increased to about 9 feet and the top of the detention basin berm raised to about elevation 84.8 feet.  

The proposed detention basin and emergency overflow spillway need to be moved about 40-50 feet upslope (east) so the spillway is constructed in the existing ground.

The proposed grass swale needs to be modified so the stormwater velocity is less than 3.5 ft/sec.  This swale shall be constructed using a soil reinforcement mat on the bottom and sides and topsoiled and seeded so it is stabilized prior to construction of the storm drainage system for this site.  

The Rip Rap Energy Dissipaters need to be sized and constructed in accordance with South Windsor standard details.  

Sheet CG.1.6 needs to be revised to show the roof drainage to one location as shown on Sheet CG.1.2.

On Sheet CP.1.2, should there be flush concrete curb (3) by the proposed handicap spaces?  Show how this curb transitions to the raised concrete curb (2 or 4).

South Windsor WPCA approval is required for this site plan.

Street Cut and Drain Layers Permits will need to be taken out for the driveway, sewers, utilities and any roadway improvements.

Chairman McCann addressed the public for comments, there were none.

Commissioner comments were as follows:

Commissioner Larsen commented on the box lighting fixtures and inquired if a more decorative lighting fixture could be incorporated into the development.

Lamson indicated they would work with town staff for a more decorative fixture.

Commission Choate commented the site should have sidewalks and ramps to add connective overall plan of the site.

Chairman McCann has concerns regarding the parking lot on the revised plans.

Lamson responded if the Commission would like the applicant to modify the parking within the 65 feet, they would work with town staff.  It may require the applicant to remove some square footage from the lower level of the building.

The public hearing closed.

There was a ten-minute recess before the regular meeting

REGULAR MEETING  – MADDEN ROOM

Commissioner Bazzano was appointed to sit for Commissioner Wentzell
Commissioner Pacekonis was appointed to sit for Commissioner Montana for Appl 03-43P, Wapping Fair

Appl 03-43P, Wapping Fair, permit for a five year period commencing in 2003 to hold the annual Wapping Fair on property located on the easterly side of Rye Street, southerly of Griffin Road, RR zone

Motion to approve with modifications was made by Commissioner Evans,

Your new dates are as follows:

                September 4, 2003               6:00 p.m. to ll:00 p.m.
                September 5, 2003               6:00 p.m. to midnight

                September 6, 2003               11:00 a.m. to midnight
                September 7, 2003               11:00 a.m. to 6:00 p.m.

The following conditions shall apply:

The Jaycees shall provide a liability insurance policy naming the Town of South Windsor as an insured, with a combined single limit for bodily injury and/or property damage in the amount of $1,000,000.  The Certificate of insurance shall be submitted to the Planning and Zoning Commission to include off-site damage protection.

A bond in the amount of $5,000 shall be submitted to this Commission to ensure that all Town property is restored to the condition which existed before the fair, within two weeks after the closing of the fair.

Police Services shall be the responsibility of Jaycees as agreed to by the South Windsor Police Services at the annual pre-fair meeting.

“No Parking” signs shall be posted and enforced along Rye Street, Windsorville Road, and Griffin Road, so that two-way traffic is maintained on all Town roads.

There shall be a minimum of 500 off-street parking spaces, and parking is not allowed on the athletic fields.  All parking areas shall be clearly marked.  Internal parking and traffic control shall be the responsibility of the Jaycees.  Roped walkways shall be provided for the safe movement of pedestrian traffic.

The softball fields shall not be used, without prior approval by the town Recreation Department.

A minimum of nine portable sanitary facilities shall be provided.

The Jaycees shall provide a dumpster of sufficient size for trash/livestock waste generated by the fair and the removal of such from the park premises.

The fireworks area is to be condoned off 500 feet from the actual point where fireworks are set off.

Electrical modifications are permitted by licensed electricians and are subject to approval and inspection by the Town.  All electrical must be restored to original condition and site cleaned at conclusion of fair.

Emergency phone shall be provided by the Jaycees.  A list of Jaycees Wapping Fair Committee contacts and phone numbers shall be provided to the Town.  A reciprocal list of critical Town contacts will be provided to the Jaycees Wapping Fair Committee.

The Jaycees Fair staff shall be readily identifiable as such while working the fairgrounds.

All provisions of South Windsor Code of Ordinance Chapter 74, section 74-67 through 74-73 shall be complied with.

The approval does not preclude the Town constructing any more recreational type facilities at Rye Street, in the event any are proposed.

By copy of this letter we are advising the adjacent property owners that if the arrangements which have been made are not satisfactory to them, they should get in touch with this Commission within 14 days after receipt of this letter.

The Jaycees must contact the Planning Department each spring advising us of the dates for that year and any changes there may be from the original approval granted.

seconded by Commissioner Kennedy.  The motion carried and the vote was unanimous.

Appl 03-21P, The Casle Corporation (Eastern Connecticut Healthcare Network), request for site plan of development approval for a 40,000 sq ft medical office building located on the west side of Buckland Road, south side of Deming Street, GD zone

Motion to approve with modifications was made by Commissioner Kennedy,

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 bonds in the amount of $20,000 for erosion and sedimentation measures, $25,000 for stormwater structures including detention, and $100,000 for the wetlands mitigation project.

An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.11 of the Zoning Regulations.

Footing drains are required if the building has a basement.

A landscape bond in the amount of $5,000 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.
This approval does not constitute approval of the sanitary sewer, which can only be granted by the Water Pollution Control Authority.

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.

The Town Engineer’s review comments dated July 17, 2003, must be addressed to the Town Engineer’s satisfaction.

Concrete pad detail needed for dumpster.

Lighting must be added along the main access drive. The site lighting detail must specify that all lighting fixtures are full cutoff fixtures.

Decorative lighting must be substituted for the shoebox fixtures.

Sidewalks, ramps, and crosswalks must provide for integrated site access.

Parking within 65’ front yard setback must be eliminated.  Parking lot modification to be reviewed by the Commission.

seconded by Commissioner Choate.  The motion carried and the vote was unanimous.

Appl 03-47P, LTA Group, request for site plan approval for a distribution center on property located at 694 Nutmeg Road North, I zone

Motion to approve with modifications was made by Commissioner Kennedy,

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.

This approval does not constitute approval of the sanitary sewer, which can only be granted by the Water Pollution Control Authority.

seconded by Commissioner Choate.  The motion carried and the vote was unanimous.

Appl 00-28P, Wheeler Estates request for acceptance of appraisal submitted by Steward Appraisal Services

Commissioner Pacekonis was appointed to sit for Commissioner Montana for Appl 00-28P, Wheeler Estates

Motion to approve appraisal submitted by Steward Appraisal Services was made by Commissioner Kennedy, seconded by Commissioner Choate.  The motion carried and the vote was unanimous.

Appl 03-31P Terra Technologies request for a 90-day extension for the filing of mylars

Motion to approve a first and second 90-day extension for the filing of mylars was made by Commissioner
Evans, seconded by Commissioner Kennedy.  The motion carried and the vote was unanimous.

Preliminary discussion with David McLaughlin, Commercial Net Lease Realty Services, Inc., regarding a potential property rezoning

There was a preliminary discussion between with the Planning and Zoning Commission and Attorney Peter Alter regarding the possibility of a zone change in the vicinity of Smith Street and Pleasant Valley Road.

ITEM: Meeting Continuation

Motion to continue the regular meeting beyond 10:00 p.m. was made by Commissioner Kennedy, seconded by Commissioner Choate.  The motion carried and the vote was unanimous.


ITEM: Bonds

Site Bonds

APPLICATION      AMOUNT REDUCTION               BALANCE

01-07P, Cloutier Resubdiv.         $ 10,800               $  10,800                -0-

00-23P, Stop & Shop        $492,300        $443,070             $ 49,230*

* maintenance level -expires in one year from reduction date

Motion to reduce the site bonds as shown above was made by Commissioner Evans, seconded by Commissioner Choate.  The motion carried and the vote was unanimous.

Subdivision Bonds

APPLICATION      AMOUNT REDUCTION               BALANCE

99-52P, Deming Hill Est. II a&b    $  58,950       $    3,650           $ 55,300*

02-06P, Stone Crossing Ph I        $158,400        $  85,500            $ 72,900

00-23P, Stone Crossing Ph II       $214,000        $146,000             $ 68,000

* maintenance level -expires in one year from reduction date

Motion to reduce the subdivision bonds as shown above was made by Commissioner Montana, seconded by Commissioner Evans.  The motion carried and the vote was unanimous.

Landscaping Bonds

APPLICATION      AMOUNT REDUCTION               BALANCE

99-59P, Windsor Steel           $ 3,000     $ 3,000                   -0-

Motion to reduce the landscaping bonds as shown above was made by Commissioner Larsen, seconded by Commissioner Kennedy.  The motion carried and the vote was unanimous.
        
IWA/CC Bonds

APPLICATION      AMOUNT REDUCTION               BALANCE

99-59P, Windsor Steel           $ 1,000     $ 1,000                   -0-       

02-12P, O & W Heat Treat                $ 2,000     $ 2,000                   -0-       


Motion to reduce the IWA/CC bonds as shown above was made by Commissioner Kennedy, seconded by Commissioner Choate.  The motion carried and the vote was unanimous

ITEM: Minutes

The minutes of 6/17/03 were approved by consensus of the Commission.

ITEM: Adjournment

Motion to adjourn at 10:15 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