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PZC Minutes 8-19-03

MEMBERS PRESENT:        Kevin McCann, Marshall Montana, Louise Evans, Patrick Kennedy, Suzanne Choate, Sue Larsen arrived at 7:40 p.. and Tim Wentzell

ALTERNATES PRESENT: Roger Cottle
Bart Pacekonis
                                Gary Bazzano                                    

STAFF PRESENT:          Michele Lipe, Assistant Director of Planning
                                
PUBLIC HEARING – COUNCIL CHAMBERS

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

Commissioner Evans read a letter into the record withdrawing Application 03-57P, Leonard Zone Change (Exhibit A).

Appl 03-48P, Karen Jurgelas DBA Therapeutic Riding Center of America, request for approval of a therapeutic riding center under Section 4.10 of the zoning regulations for property located at 1835 Main Street, A-40 zone

Lori Bancroft presented to the Commission the Therapeutic Riding Center pilot program proposal that would run for approximately eight-weeks.  The Therapeutic Riding Center of America is affiliated with a national association of handicapped riders.  The program would entail instructional horse riding lessons for the handicap of various ages with a maximum of ten students.  The classes would be held on Saturday and Sunday for approximately four hours per day.  Two horses would be brought to the site by trailer.  The two horse trailer would be parked in front of 1835 Main Street.

Lipe reviewed the Planning Report:

Request for approval under Section 4.1.10 operate a therapeutic riding center on a limited basis at property at 1835 Main Street, A-40 zone.

The applicant intends to use two horses that are currently stabled at 94 West Road. The lessons will be offered on Saturdays and Sundays in the afternoon (2:45 – 5:45) and will consist of 3 lessons of 1 hour each duration.  The applicant has indicated that she has no intention of expanding beyond that.

The applicant has indicated that there is adequate room for on street parking either to the left or right of East Windsor Hill Post Office (including the bus commuter parking area).

The building official has indicated that this type of use would require that patrons have access to a handicap bathroom.

The applicant has submitted a plan, which shows the area fenced.  Other criteria under section 4.1.10 related to structures, etc. which are not applicable.

If this application is approved, the Planning Department would request the applicant notify the town if the business were to expand beyond that which was presented.

Public participation was as follows:

Ellen Fitzpatrick, 1846 Main Street, commented she live across the street from the commuter lot and was under the impression this application was for a temporary address and the applicant would be looking for another facility for the Therapeutic Riding Center.  The commuter parking lot is not being used on the weekend and it is nice to not have the debris and vehicles turning around in her driveway.  It was asked if additional signs would be posted in the area where there are many signs currently posted.

The Commissioners had the following questions/concerns

Commissioner Pacekonis inquired if there would be handicapped parking or sanitary facilities?  Jurgelas responded on the application for applying students it is stated there are no sanitary handicapped facilities available.  The parents of the students are required to be present with the student and handicapped parking is not necessary.

Commissioner Kennedy asked what parking is being provided.  Jurgelas responded the commuter lot, the post office parking lot, with additional two parking spaces in the driveway.

Commissioner Evans inquired if the applicant would be willing to clean up any debris that would occur on the site?  Jurgelas responded yes.

Commissioner Montana asked if there is special insurance requirements needed?  The response was yes.

Chairman McCann stated the parking according to the regulations needs to be off the street.  There should be a plan for trash pick up and removal of the horse manure.  Handicapped facilities may need to be available and should be coordinated with the Chief Building Official.  These requirements should be able to be met through Town Staff.    Jurgelas indicated she is seeking a temporary permit and open to suggestion and recommendations of the Commission and would work with Town Staff.

The public hearing closed.

Appl 03-51P, Patricia McGrath, request for a five year permit for a major home occupation for a cake/candy bouquet business on property located at 43 Northview Drive, A-20 zone

Patricia McGrath was present and described the nature of the cake/candy bouquet business being proposed at her home.  McGrath indicated a kitchen would be installed in the basement of her home and indicated she has been in contact with the State and the Town Santarian.  There would be no traffic or deliveries to the home.  No sign is proposed.

Lipe reviewed the Planning Report:

This is an application for a 5 year major home occupation permit for a start up business making and selling candy/cookie bouquets at 43 Northview Drive, A-20 zone. The applicant is proposing to produce 1-2 bouquets a week from a kitchen area she is proposing in her basement.  Because this occupation has the potential of odors, it falls into the category of a major home occupation requiring PZC approval.

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 applicant appears to meet the physical criteria for the major home occupation. The basement area to be used is approximately 150+ sf. There is no sign proposed. There are no anticipated parking needs as she will be delivering the bouquets and does not expect any deliveries to her home.

The applicant has indicated that changes to the basement will comply with the State Department of Consumer Protection Food and Standards Division.  The town health officer will also be involved in the review.

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 upon expiration of the 5-year permit period.

There was no public participation on this application.

The public hearing closed.

Appl 03-53P, Plaza at Buckland Hills Zone Change, request for a zone change of 50+ acres of land from Designed Commercial to Buckland Gateway Development Zone for property located on the southerly side of Smith Street, easterly side of Wheeler Road, west of Buckland Road, and northerly of the Manchester town line

Commission Pacekonis disqualified himself from the application due to being an abutter to the application.

Attorney Peter Alter, with Alter & Sherwood representing the Commercial Net Lease Realty Services, Inc., introduced his team of professionals and presented to the Commission a proposed zone change from Designed Commercial to Gateway Development Zone.  The parcel is 50+ acres located on the southern side of Smith Street, easterly side of Wheeler Road, west of Buckland Road, and northerly of the Manchester town line.

Alter presented a map to the Commission prepared by BL Companies and described the reasons supporting the zone change:

It would create a consistent zoning, a substantial portion of the property to the north is zoned Gateway Development
Commercial development parcel to parcel within the Gateway Development requirements
Commercial Net Leasing is a national firm and a high quality  retail site developer

Alter reviewed the criteria for the Commission in evaluating the proposal for a zone change and the criteria of the zone in compliance with the Plan of Conservation and Development.

Alter spoke of the developability of the property indicating there are no flood zones and no wetlands on the site.  There are berms on the site currently to provide buffering to adjoining residential areas.  The Gateway Development Zone offers a greater measure of protection in terms of the development process criteria as cited in the regulations.

Lipe reviewed the Planning Report:

1.      Request for zone change from Designed Commercial to Buckland Road Gateway Development Zone for property located south of Smith Street, east of Wheeler and Pleasant Valley roads, and north of the Manchester town line. The total area of the request is about 56 acres.
2.      There is a lot of planning & zoning history on this site. The whole site includes about 30 acres in Manchester, for a total property size of about 80 acres. The 50-acre portion on our side of the town line has been zoned Designed Commercial since 1985, when the Planning and Zoning Commission approved the original Winchester Mall, which was mostly in South Windsor, partly in Manchester. The mall was subsequently constructed at its current location in Manchester while a lawsuit against our Planning and Zoning Commission, brought by a neighborhood group, was pending in court. While the lawsuit was eventually decided in our favor, the mall had already moved to Manchester.
Subsequently, in 1988 an application was submitted by Downeast Associates for the Plaza at Buckland Hills, a strip shopping center that occupied the entire 80-acre site and also was mostly in South Windsor, partly in Manchester. The Planning and Zoning Commission rejected the strip mall design, and Downeast Associates appealed the denial. In the meantime, Downeast Associates proceeded with a strip commercial center located solely in Manchester, which exists on the site today. The back wall of the strip center parallels and is very close to the Town line. In 1993, a settlement agreement was executed between Downeast Associates and the Commission. That settlement agreement included a strip shopping center of about 350,000 square feet, a 1500-seat theater, about 12 acres of light industrial buildings, and about 11 acres of specialty retail just south of Smith Street. The agreement also included a list of uses permitted under the settlement including:
¨       laundry and dry cleaning,

¨       printing and graphic arts processes, painting,
¨       processing, packaging, assembly or storage of components or goods,
¨       plumbing, heating, electrical, mechanical, industrial and general contracting establishments
¨       Veterinary hospital,
¨       Research lab
¨       Automobile service and repair,
¨       Health clubs, and
¨       Meeting halls.
As you can see, some of these uses were uses from our Industrial zone.
The stipulated settlement included time frames within which Downeast Associates had to acquire site plan approvals and complete construction, with provisions that approvals would lapse if these time frames were not met. The retail portion needed site plan approval from the Commission within two years after the date of the settlement, with construction to begin within three years after site plan approval. The required site plan approval for the retail area was granted by the Commission in 1993, but the construction was not commenced within the required three years after approval, so the terms of the stipulated settlement for that portion became null and void in 1996. The remainder of the site needed to apply for site plan approval within 10 years of the date of Court approval of the stipulated settlement of December 1991. This was not done, and thus the remainder of the stipulated settlement expired in December 2001.
Downeast Associates applied for a zone change from Designed Commercial to Buckland Road Gateway Development Zone in 1997. The minutes of the 1997 public hearing reflect that Downeast Associates requested the zone change in order to increase the flexibility of uses to assist in attracting tenants, and to increase the size of the previously-approved movie theater. Residents expressed many of the concerns normally voiced when residential property is rezoned to commercial (even though this property was already zoned commercial), such as noise, traffic, wildlife, negative impact on property values. Commissioners’ concerns included:
¨       The status of the still-active stipulated court settlement;
¨       Difficulty working with the specific requirements of the Gateway Zone because of the location of the site;
¨       Types of businesses being solicited for the site;
¨       Berms would not be effective for 4-story site;
¨       History of flooding toward Smith Street residences; and
¨       Applicant could apply for a larger theater under the Gateway zone.
Subsequent to the public hearing, the applicant withdrew the application.
3.      The Designed Commercial zone was created in 1980, in order to allow an enclosed regional mall on the subject site, and the DC standards are not very sensitive to design or to the surrounding neighborhood. The Gateway Zone was created in 1995, with the purpose of creating an attractive entrance to South Windsor. The Gateway Zone standards in turn reflect that goal and are very design- and performance-sensitive. The uses allowed in the Gateway zone are more flexible than those allowed in the Designed Commercial zone, but the appearance and performance standards are much more demanding in the Gateway zone. The Designed Commercial zone allows offices, retail sales, business and personal services, and day care centers, and no other uses. The Gateway zone allows commercial, institutional and municipal uses that meet all of the appearance and performance standards of the Gateway zone. Examples of uses allowed in DC zone but not Gateway zone include grocery stores, stand-alone

convenience stores, gun shops, and tattoo parlors. Some examples of uses that are permitted in the Gateway Zone but not in the Designed Commercial zone include private schools and colleges, museums, a Town library or other Town building, performing arts center, restaurants and health clubs.
Many of the more undesirable uses are prohibited in the Gateway zone, including:
¨       gas stations,
¨       automobile sales, and service/repair garages,
¨       arcades,
¨       adult-oriented businesses,
¨       self-storage units,
¨       nightclubs and other businesses where the primary purpose is the serving of alcoholic beverages,
¨       fast food restaurants,
¨       stand-alone convenience stores
¨       Tattoo parlors, and
¨       Grocery stores.

4.      The differences in the standards are numerous and are summarized in the table previously provided and submitted herewith for the record. The Gateway Zone includes some standards that are important to neighboring residences and that are not included in the Designed Commercial zone, such as:

¨       Building height maximum in the Gateway zone is 6 stories, but only if the building is located at least 200 feet from any street and from any residential zone boundary, and only if the Commission determines that the site is suitable for a taller building and that the character of the Gateway zone is enhanced rather than diminished by the taller building. The topography of the site has to be such that the taller building blends in with its surroundings rather than standing out from the surroundings and the taller building does not unduly disrupt the character of a residentially zoned neighborhood. There is no limitation to building height maximum, and no standards or criteria as to when a taller building should be allowed, in the Designed Commercial zone. It can be permitted by a 2/3 vote of the Commission.
¨       The Design Commercial zone allows up to 90% impervious coverage; Gateway zone allows only 60% impervious coverage. The 10% open space in the DC zone can be located in buffers, so the remainder of the site could be virtually covered with buildings and pavement.
¨       The Gateway zone has building setback requirements from property lines, the Design Commercial zone has no setback requirements, thus allowing buildings right up to the edge of the property where there is no buffer requirement.
¨       The Gateway zone severely restricts trash pickup and truck delivery times. Trash pickup cannot occur before 7 a.m. or after 10 p.m. unless the applicant proves that sound barriers reduce noise emissions to 45 dB at the property line (45 dB is the nighttime noise standard; this is lower than the official DEP noise standards). Truck deliveries are prohibited between 10 p.m. and 7 a.m., no exceptions. The Designed Commercial zone has no restrictions, thus allowing trash pickup and truck deliveries at any hour since trucks are exempt by State law from noise ordinances.
¨       There is no outdoor storage allowed in the Gateway zone; outdoor storage is allowed in the Designed Commercial zone.
¨       There are no building appearance standards in the Designed Commercial zone; there are strict standards in the Gateway Zone, especially for retail buildings.
¨       Both zones require 10% of parking lot area to be landscaped, but the Designed Commercial zone has provisions for a waiver of half of the landscaping, down to 5% of the parking lot area.

5.      Some of the Gateway Zone standards are oriented specifically to Buckland Road, such as building setbacks. Front building lines are defined as the building lines generally parallel to Buckland Road. The result of this Buckland Road orientation is that the subject site would be permitted to have a 25-foot setback from its property boundary along Smith Street. However, if the site remains in the DC zone, there are no yard setbacks at all. These yard setback requirements are offset by the buffer requirements for each zone. The buffer requirement in the DC zone is 100 feet along Smith Street, with no yard setbacks, for a total building setback of 100 feet from Smith Street. The buffer requirement in the Gateway zone is 75 feet along Smith Street, with a 25-foot yard setback, for a total building setback of 100 feet from Smith Street. So there is no gain nor loss in setbacks along residential zones with a zone change to Gateway Zone.

6.      There is a substantial berm that was created during construction of the existing shopping center as part of the stipulated court settlement between the Commission and Downeast Associates. Planning Department strongly recommends that the berm remain in place so that it buffers both Wheeler Road and Smith Street residential neighborhoods from the most intensive commercial development.

7.      Previously approved general plans and site plans for this property showed a master driveway plan for both Manchester and South Windsor that includes the existing driveway cuts on Pleasant Valley Road in Manchester as well as potential driveways onto Smith Street. The main entrance into the site is the existing driveway at the J.C. Penney Warehouse signalized intersection on Pleasant Valley Road that leads past JoAnn Fabrics. Whether this zone change is approved or not, commercial driveways should not be allowed onto Smith Street, which is an older residential street for the majority of its length.

8.      The new Town Plan future land use map is very general in nature. The subject properties are located along a corridor that is in an area generally depicted as Economic Development. The subject site has residentially-zoned land to the north, east and west, and commercially zoned land to the south in Manchester. Just north of the Smith Street residential zone is the 230+ acre Evergreen Walk development. East across Buckland Road is zone Gateway Development in South Windsor, and the mall and related development in Manchester.

9.      A zone change application is the opportunity to review infrastructure to determine whether the existing infrastructure can support the proposed zone. In this case, both the Designed Commercial and the Gateway Development Zone are major commercial zones that include many of the most intensive commercial uses as permitted uses. Therefore, we would expect that the traffic impacts under the Gateway zone would not exceed those from the Designed Commercial zone. Development plans under both zones require approval from the State Traffic Commission whenever either 200 cumulative parking spaces or 100,000 cumulative square feet of building area are proposed. Whether the zone is changed or not, a State Traffic Commission permit will be required for any development. We also note that previous approvals for this site included a bike path along the property’s Pleasant Valley Road frontage, thus we would expect that site plan of development applications included the bike path. Also, there is about to be a gap in the sidewalks along the west side of Buckland Road between the existing Plaza at Buckland Hills driveway and the Town line. Upon construction of Evergreen Walk, this small area will be the only area without sidewalks on the east side of Buckland Road, including the Downeast Associates land in Manchester. Staff would expect that Downeast Associates would be willing to complete this small link in the sidewalks as part of any site plan application for the property.

10.     Public water and sewer are available to this site.



11.     The Town wetlands map does not indicate any regulated wetlands on this site. Field reviews for regulated wetlands will need to be conducted at the time of development. A report submitted with the Evergreen Walk applications indicates that this subject site is the site where endangered birds are nesting.

12.     If this zone change is approved, Commission approval of site development plans in conformance with the Gateway Development Zone regulations would be required prior to any building activity on site.

13.     Section 16 includes criteria for zone change:
¨       How the zone change compares with the Comprehensive Plan of Development;
¨       How the land shall be secured from flooding and other dangers;
¨       How the land upstream and downstream in the same watershed shall be secured from flooding and other dangers;
¨       How the land shall be served by water, sewerage, transportation, and other public utilities; and
¨       How the proposed zone change will affect any wetlands in the area.

¨       The zone change request was referred to CRCOG as required.  Lipe read the CRCOG report in to the record.

14.     The Town of Manchester was also notified of the proposed zone change as required.

15.     If this zone change is approved, the Commission must state on the record that they have found the zone change to be consistent with the Town Plan of Conservation and Development.

The following is public participation in favor of the application:

Richard Ryan, 703 Kebalo Lane, read a letter he received from a neighbor in opposition of the zone change and stated he is in favor of the change indicating the additional revenue this development would generate for the town.  The town officials would have more control with the Gateway Development Zone and the town would benefit from having more control in the development stages.

The following is public participation in opposition of the application:

Paula D. Zaresky, 193 Kebalo Lane
Carol Driscoll, 61 Autsin Circle
Liz Avedisian, 6-4 Foncine Lane
Rosalyn Toper, 23-4 Arthur Drive
Wayne Kilburn, 291 Smith Street
Peter Holowesko, 19-3 Arthur Drive
Bonnie Mangan 6-2 Foncine lane
Scott Antosik, 216 Smith Street
Linni Stursberg, 160 Croft Drive
Ted Milek, 20-3 Arthur Drive

Concerned with the negative impacts on their property values
Impacts of additional traffic being brought to an area where there are existing traffic issues
Concerns with the big boxes vacant and unkempt

Noise that could be generated on the site with trash removal and deliveries
Inadequate buffer from existing residential
Would like the site to remain Design Commercial
Uncertainty of the development of the site with a piece meal approach
Gateway regulations are too vague to protect residential properties adjacent to the site
A petition was submitted in opposition to any zone change (Exhibit B)

The Commission had the following questions/concerns:

Commissioner Larsen asked for the zoning comparison chart prepared by staff be made available to the public.  Lipe indicated the sheet is available in the Planning Department.

Commissioner Bazzano inquired if the only access to the site would be from Pleasant Valley Road?  Lipe indicated those issues would be shown at the time a site plan application is submitted.

Commissioner Montana inquired if there are any other properties along Smith Street that have been purchased by the owner of the larger parcel of property, and are they part of the zone change application.  Alter responded no.

Commissioner Montana inquired the size of the existing berm.  Jeff Fitzgerald, Engineer with BL Companies, described the berm indicating it does not extend down to Smith Street.

Commissioner Evans explained the zone comparison sheet so the public would have a clear understanding of the two zones and encouraged the public to review the sheet.  Lipe stated copies were being made to distribute at the public hearing.

Commissioner Wentzell expressed his concerns regarding the Gateway Development regulations when applied to streets other than Buckland Road.

Alter stated the developer for this parcel is an experienced developer and is prepared to meet the standards and requirements of the zone indicating staff would have design control within the Gateway Development Zone.

Chairman McCann thanked the public for their patience and interest in the importance of this application.  McCann expressed his view of the site and the zone change the Gateway Development Zone.

Enables the Commission more control regarding what is developed on the site
Higher quality of development
Require impervious coverage of no more than 60% of the entire site
Allows regulated access of driveways
A waiver would be required for larger buildings
Control of the topography
Overall there is more control under the Gateway Development zone

McCann asked Attorney Alter why a zone change?  Alter responded three reason:

The applicant is interested in developing a portion of the property

Staff and the Commission have the authority to control of the design.
In discussions, Commercial Net Leasing would like a high quality of development to be assured throughout the entire site from the owner Downeast.

Chairman McCann closed the public hearing.

REGULAR MEETING – COUNCIL CHAMBERS

The regular meeting was continued in the Council Chambers and called to order.

ITEM: Meeting Continuation

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

Appl 03-48P, Karen Jurgelas DBA Therapeutic Riding Center of American, request for approval of a therapeutic riding center under Section 4.10 of the zoning regulations for property located at 1835 Main Street, A-40 zone

It was discussed that the parking should be on the street but the horse trailers should be parked on the site.  Any debris generated from the Therapeutic Riding Center should be maintained by the applicant on a regular basis.  It was discussed that the approval should reflect the time frame of the pilot program.

Motion to approve with modifications was made by Commissioner Wentzell,

All parking of horse trailers and cars must be accommodated on this site.

The site must be monitored for debris at the end of each session.

This approval is for an eight-week pilot program ending by mid November 2003.

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

Appl 03-51P, Patricia McGrath, request for a five year permit for a major home occupation for a cake/candy bouquet business on property located at 43 Northview Drive, A-20 zone

Commissioner Cottle sat for Commissioner Larsen who was not present for the presentation of this application.

Motion to approve with modifications was made by Commissioner Montana,

The business must be operated by the homeowner.
The permit will expire on August 19, 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.

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Any new building, or alteration/additions to existing buildings, requires a building permit prior to start of construction.
seconded by Commissioner Choate.  The motion carried and the vote was unanimous.

Appl 03-52P, Rye Springs Subdivision, request for approval for portion of new road as a part of a 12 lot subdivision in East Windsor (no building lots in South Windsor) on 27+ acres on the westerly side of Rye Street, RR zone

Dana Steel presented the 12-lot subdivision located predominately in the Town of East Windsor with a small portion of the property located in South Windsor.  The entrance to the site is located off of Rye Street in South Windsor in the southeast corner and that is the only portion of the site that is in South Windsor.  The applicant is proposing storm drainage in South Windsor.

Steele spoke with the Town Engineer regarding storm drainage and a memo was submitted from the Town Engineer stating the issue of drainage on Rye Street.  The applicant indicated they are willing to accommodate the requests of the Town Engineer’s as stated in his memo dated August 11, 2003

Steele stated there is an agreement regarding the maintenance of the road indicating East Windsor will be responsible for the road.

Lipe review the Planning Report:

Request for approval of a subdivision to create no new lots in South Windsor, 12 new lots in East Windsor on Rye Street near the East Windsor Town line, RR zone. The site size is 27 acres.

The purpose of this subdivision application is to provide a process whereby a very short length of the new street that is in South Windsor can become a public street.

The applicant has been working with the Public Works Director regarding construction specifications and maintenance responsibilities. We will bond the small section that is in South Windsor, and the Town Council will formally accept the portion of roadway in South Windsor when construction is finished.

The Planning Department notified CRCOG as required under state statutes for a subdivision within 500 feet of a town line, with the following response and Lipe read the CRCOG memo into the record dated August 14, 2003.

If this application is approved, Planning Dept. has no requested approval modifications.

Lipe read the Engineering memo from Doolittle into the record dated August 11, 2003.

There was no public participation on this application.

The Commission had the following question/concerns:

Commissioner Larsen expressed with the owner of lot one having a choice of school systems due to a portion of lot one being in South Windsor and would rather see the portion of land in South Windsor designated as open space.  There was a discussion of the Commission regarding the issue of lot one.

Motion to approve with modifications was made by Commissioner Kennedy,

This approval is for no new lots, new public street only.

If the Town of East Windsor requires sidewalks, then the sidewalks must extend to Rye Street.

Drainage and construction for this subdivision is subject to the approval of the Town Engineer.

Street lighting shall be installed on streets, at intersections, and on cul-de-sacs in accordance with the policy established by the Chief of Police. Street lighting is to be coordinated with the Chief of Police (copy enclosed).

Street names and locations of fire hydrants are subject to the approval of the Fire Marshal of the Town of South Windsor. Street names and supporting posts shall be installed by the developer in conformance with the standards of the Town of South Windsor, at no expense to the Town.

A liability insurance policy shall be submitted to this Commission 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.

Prior to commencement of any site work, a meeting must be held with Town Staff.

All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
Quantity estimates must be submitted to the Town Engineer (on the enclosed form) for the purpose of determining subdivision bonding. All bonds shall conform to the enclosed bond policy and shall be posted prior to filing the final plans in the Town Clerk’s office.

If the developer chooses to submit a Letter of Credit for a one-year term, said Letter of Credit must be renewed on a yearly basis until completion of the development. If a new Letter of Credit has not been received within 30 days before the expiration date, the Commission may, at its option, call the Letter it is holding.

No building permits will be issued until all modifications have been complied with, and the final plans have been filed in the Town Clerk's office.

The applicant has agreed to work with the Town Engineer to address Rye Street drainage concerns by lowering invert elevations on storm drainage within the subdivision, in order to facilitate a future South Windsor drainage project to connect into the subdivision storm drainage.

seconded by Commissioner Choate.

Chairman McCann questioned the vegetative buffering between the abutting property along South Windsor.
Steele indicated there is a tree line along the property line, not necessarily a vegetative buffer.

Commissioner Larsen made an amendment that none of the building lots can contain land in South Windsor.
The motion failed
The vote was as follows 4:3, McCann, Evans, Choate, Kennedy, nay; Larsen, Montana, Wentzell aye

The Commission voted on the original motion.  The motion carried and the vote was unanimous.

ITEM: Adjournment

Motion to adjourn at 11:00 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