MEMBERS PRESENT: Kevin McCann, Marshall Montana, Louise Evans, Patrick Kennedy, Suzanne Choate, Sue Larsen
ALTERNATES PRESENT: Roger Cottle
Bart Pacekonis
Gary Bazzano
STAFF PRESENT: Michele Lipe, Assistant Director of Planning
Jeff Doolittle, Town Engineer
PUBLIC HEARING – COUNCIL CHAMBERS
Chairman McCann opened the public hearing opened at 7:30 p.m. and Commissioner Evans read the legal notice as published in the Journal Inquirer.
Appl 03-28P, Poag & McEwen-Connecticut, LLC, request for site plan approval for a “Lifestyle Center” with 284,750 +/- sq. ft. of retail shops and 3,870 +/- sq. ft. of office, located on the west side of Buckland Road, north of Smith Street, and south of Deming Street, Buckland Gateway Zone
Commissioner Evans read a letter into the record postponing the public hearing for Appl 03-28P, Poag & McEwen Connecticut, LLC, to September 16, 2003, and an extension letter was read into the record extending application Appl 03-28P, Poag & McEwen-Connecticut, LLC to September 24, 2003
Appl 03-55P, Gerich Interior Lot, request for resubdivision and special exception to 4.6.1 to create one interior lot on property located at 1457 Ellington Road, RR zone
Galen Semprebon, Design Professionals, Inc., presented to the Commission an overview of the site and the proposal to subdivide the parcel and the request for a special exception for an interior lot. There is a garage on the proposed lot number 2 on the property line that may be removed or relocated. Letters were submitted from adjacent property owners in favor of the application. Semprebon review the buffering along the property line that would allow privacy. The site would be is serviced by public water and public sewer.
Commissioner Evans read the abutting property letters in favor of the application into the record.
Lipe read the Planning Report:
Request for approval of a Special Exception for an interior lot and subdivision for property located at 1457-1475 Ellington Road, RR zone. There is an existing house and the applicant is proposing to create an additional house lot.
The requirements for the interior lot in the RR include: 80,000 sf minimum lot size and 262.5 feet minimum lot width. The proposed interior lot would be over 96,905 sf size and approximately 263 feet in width. The remaining lot with the existing house would be just about an acre.
Access to the interior lot is proposed from a new drive onto Ellington Road. The driveway servicing the new interior lot will include a turn-around.
It appears that all other zoning requirements have been met.
The interior lot will be serviced by public sewer and public water. WPCA approval is required.
There are regulated wetlands to the rear of the new lot, however they are not proposing any work within the 80 foot upland review area. There is also 100-year floodplain in the rear of the property.
The criteria for approval of interior lots include:
the subject area’s boundary configurations, topography, soils or other natural resource characteristics;
proximity to neighboring properties and dwelling units;
restriction of existing views;
proposed buffering/screening;
potential drainage, traffic & environmental impacts
driveway locations, slopes & sight lines
utility service capabilities
property value impacts; and
future land use alternatives.
6. There is no screening proposed between the existing house and the proposed interior lot, staff would recommend some screening be placed between the houses.
If this application is approved, the Planning Dept. has no other approval modifications except as already noted.
Lipe read the Engineering Report:
The foundation drain outlet from the proposed house on Lot 2 should be directed more to the east so the discharge to the wetlands and brook is on this property. The elevation of this drain should be raised as much as possible.
A permit is required from the Connecticut DOT for the driveway cut for Lot 2 and any work in the ROW. Note 16 needs to be changed accordingly. A street cut permit from the Town of South Windsor is not required for work in a State Road/ROW.
The driveway for Lot 2 needs a paved apron that extends at least 20 feet from the existing edge of pavement on Ellington Road.
An application must be made to the WPCA for the Sanitary Sewer lateral for the proposed house on Lot 2 and this must be approved and any charges paid before this is installed.
There was no public participation on this application.
The Commission had the following questions/concerns:
Commissioner Choate inquired if there will be any objection if a buffer is required? Cliff Gerich stated there are substantial trees on the property but would plant more if necessary.
It was mentioned if a buffer is required it should be done at the time of approval.
Chairman McCann commented the proposed configuration of the homes will be along side one another and there should be an adequate buffer.
Commission Evans commented on the pavement and driveways and if the Town Engineers comments have been addressed. It was stated all easements are in place and the Town Engineer comments have been addressed.
The public hearing closed.
Appl 03-60P, Smith’s Corner, request for Special Exception to Section 4.1.12 and Site Plan of Development for a 3 unit Senior Residence Development on property located at 178 Smith Street, A-20 zone
Commissioner Montana disqualified herself from Appl 03-60P, Smith’s Corner.
Walt Kebalo, K.F. Properties, presented to the Commission the proposal for a three unit Senior Resident Development on the northeast corner of Smith Street and Wheeler Road.
Biff Schechinger, Landscape Architect, gave an overview of the site indicating the following:
The lot is 31,000 sq.ft.
Proposing three units
All units will have a deck and a full basement
There is existing landscaping on the site (submitted a photo)
All units can be handicapped accessible (interior and exterior)
All utilities will be public
Drainage on the site is adequate
The layout is compatible with the surrounding residential area
Eight parking spaces are being proposed
Lipe read the Planning Report:
1. Request for Special Exception and site plan approval to construct a 3-unit Senior Residence Development on a 3/4 acre site located at 178 Smith Street, on the northeast corner of Smith Street and Wheeler Road, A-20 zone.
2. The lot was created as part of the Wheeler Estates subdivision, which included six single lots and the Wheeler Estates Senior Residence Development. The Wheeler Estates site is an isolated A-20 zone surrounded by 5 other zones: RR to the east, Gateway to the northeast and north, Designed Residence to the west, multi-family to the southwest, and Designed Commercial to the southeast. Thus it is a very transitional site.
3. A single building with three attached units is proposed. The units would vary in size according to the new formula, with 1 unit at 1100 sq ft and 2units at 1500 sq ft.
4. The Special Exception criteria for review of a SRD include:
a. traffic impacts will not be detrimental to the residential character of the neighborhood;
b. there will be minimal adverse effects on existing uses in the area;
c. surrounding property values will be conserved and the character of the neighborhood will not be unduly disrupted;
d. impacts will not be detrimental to the capacity of the present and proposed utilities, street, drainage system, sidewalks, and other elements of the infrastructure;
e. the land is physically suited to the proposed use and minimal adverse environmental impacts are created;
f. the SRD proposal is consistent with the goals and objectives of the Town Plan of Development;
g. the SRD proposal will help meet senior housing needs of South Windsor;
h. the location of the SRD facility is within reasonable proximity to community facilities or amenities which serve the needs of elderly residents, or is within reasonable proximity to indoor/outdoor activity centers, or is within close proximity to or contains permanent open space land;
i. the SRD facility has been designed to meet the needs of handicapped residents or visitors; and
j. the architectural design is aesthetically pleasing and low profile.
5. The proposed density is 4.3 units per net buildable acre; maximum 5 units per net buildable acre allowed. Proposed impervious coverage is 24.2%; 60% allowed. Required parking is 1.5 spaces per unit, or 4.5 spaces; the applicant has provided 8 spaces.
6. There is a sidewalk shown on part of the Smith Street frontage, continuing the sidewalk on Wheeler Road. The sidewalk extends to the first driveway. Staff suggest that the sidewalk extend the full length of the applicant’s Smith Street frontage.
7. There are no regulated wetlands on this site. IWA/CC approval is not required.
8. If this application is approved, it will bring the total SRD units approved up to 182. The maximum number of units that the Commission may approve is currently capped at 250.
9. Public water and sewer are available to the site. WPCA approval is required. WPCA will require a separate connection to each unit.
10. The applicant is showing a combined yard and buffer of 35 feet on the north and east sides. There are existing hedgerows on three sides. It appears that the hedgerows will be preserved. There is a note indicating that 12 existing trees will also be transplanted into the buffer area.
11. The Architecture and Design Review Board reviewed the plans on September 4. The proposal was well-received by ADRC.
If this application is approved, the Planning Dept. requests that, in addition to the items already-noted, the density calculation be corrected to reflect 4.3 units per acre, not 3 units per acre.
Doolittle read the Engineering Report:
Waiting for an analysis by the Engineer regarding the capacity of the existing storm drainage line that runs from the first CB in Wheeler Road toward the proposed units. This storm drainage line may have to be increased in size. There should be access to the storm drainage line for maintenance via clean-outs or a drainage structure.
A sight-line easement should be provided on the north east corner of Smith Street and Wheeler Road. This is the corner where this SRD is proposed. There have been numerous complaints about the poor sight-line existing to the east for vehicles traveling south on Wheeler Road at this intersection. Some of the existing and proposed landscaping at this corner needs to be moved. We can work with the applicant to determine the exact area for this easement.
An application must be made to the WPCA for this project and their approval received.
Each unit needs to have a separate connection to the sanitary sewer system. These separate lines can be tied together into a common lateral (with cleanouts at each connection) that runs behind the unit and to the existing SMH in Wheeler Road.
Street cut permits are required for the new driveway on Smith Street and utility connections on Smith Street and Wheeler Road.
There was no public participation on this application.
Schechinger added it is being requested that the sidewalk be extended only to the second driveway.
The Commission had the following questions/concerns:
The access to the site from Smith Street
The buffering of the site
The parking spaces for the SRD
The handicap accessibility of the units
Ample space for a snow shelf
The public hearing closed.
Appl 03-61P, Kebalo Electric, request for renewal of 1-year temporary and conditional permit for electrical contractor office located at 175 Wheeler Rd, A-20 zone
Commissioner Montana and Commissioner Pacekonis disqualified themselves from Appl 03-61P, Kebalo Electric.
Walter Kebalo, F. K. Properties, presented to the Commission his proposal for a two-year temporary and condition renewal permit for an electrical contractor office. The applicant gave an overview of the history of the site is proposing the following:
No volume of traffic to site
No employee parking on the site
Provide Wheeler Estates Association maintenance contract
Established natural buffer added screening to the site
No signage proposed for the site
Family owned and operated business
All materials are delivered to the job sites
Minimal storage of overstock
Adequate parking
Kebalo inquired what could be done to make a restricted commercial use on the property so the applicant would not have to come back for renewals and asked for input from the Commission.
Chairman McCann stated this relates to the zoning regulations and indicated this property is zoned A-20 which is residential. The option available would be a zone change.
Lipe read the Planning Report:
Request a temporary and conditional permit for an electrical contracting business at 176 Wheeler Road, A-20 zone. Kebalo Electric has been operating the business from this location since about 1987. The commission approved a temporary and conditional permit on 10/31/00 for one year (which expired on 10/31/01). They are requesting a two-year renewal.
The PZC granted approval in 1969 for the owner to have a machine shop in the former horse barn, with no other employees. Today the machine shop is being used for storage space for Kebalo Electric Company. There is also an office in the house from which the business is conducted.
The applicant has submitted a description of the activities of the activities on site associated with the operation of Kebalo Electric. The parking lot was expanded to accommodate six cars when the subdivision was constructed.
The applicant has also submitted information about other activities that take place on site as property managers of the SRD. They have indicated that they house equipment used in the maintenance of the SRD. The other heavy equipment housed on the property, including a backhoe and a dump truck, are now being removed from the site as the work on the SRD comes to an end.
These uses would not be 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.” Electrical contractor establishments are a specifically permitted use in the industrial zone. It is also probable that an electrical contracting business would qualify under the similar use provision of the General
Commercial zone.
Lipe clarified the alternatives indicating a variance would not be an option for the applicant due to the Zoning Board of Appeals not having the authority to grant commercial activities. A zone change or amendment to the regulations under the residential zoning are the options available.
If this application is approved, we suggest that the approval clearly reflect which of the uses is included in the approval and requests that the applicant be required to remove the remaining construction equipment from the adjacent site.
Doolittle had no Engineering comments.
Public participation was as follows:
Burt Larsen, 101 Kebalo Lane, is not in opposition of the application but the situation of the previous approval has changed. There are more vehicles parked on the site and the Kebalo’s no longer live in the home and it is now a rental property. The Commission had the following concerns:
Removal and storage of the construction equipment on the site
The building now a rental property, no family member living on the site
The additional parking on the site
The storage of electrical material on Lot #1
Commercial site in a residential zone
Temporary & conditional permit is not a permanent approval
The applicant should explore other options in a more suitable zone
The storage of equipment on the site being stored inside
A discussion ensued with the Commission regarding the various activities on the site relating to the Wheeler Estate Sales Office, Kebalo Electric temporary and conditional permit, and the maintenance of the Wheeler Estates Association.
Wheeler Estates is an upscale development and Larsen would like to see the construction equipment and business not to be allowed indefinitely.
Andy Kebalo indicated the site has been used while the construction of Wheeler Estates and indicated the project is almost complete and will be cleaned up in the very near future.
Chairman McCann had a discussion with the applicants regarding the concerns of the Commission indicating there has been change in use of the property over the years. This is a residential area especially since the construction of Wheeler Estates. Andy and Walt Kebalo stated the building is a 5,000 sq. ft. that has been a commercial use for years and have concerns of how the property can be used. It was asked if there could be an approval with special conditions to allow the continuation of commercial use. McCann advised the applicant if they are looking for something more permanent to work with town staff to take a look at the zoning regulations for this site.
The public hearing closed.
There was a ten-minute recess before the regular meeting.
REGULAR MEETING – MADDEN ROOM
Pacekonis was appointed to sit for Commissioner Wentzell.
ITEM: Discussion/Decision/Action continued
Appl 03-21P, ECHN review of final plans
Lipe reviewed the changes to the final plans.
Doolittle reviewed the engineering plan.
The Commission reviewed the revised final plans. There was a general discussion of the changes, and recommendation of an additional segment of sidewalk.
Motion to accept revised final plans for Appl 03-21P, ECHN, including an additional modification to the sidewalk design was made by Commissioner Evans, seconded by Commissioner Kennedy. The motion carried and the vote was unanimous.
ITEM: Discussion/Decision/Action continued
Appl 03-54P, Two J’s Realty, request for a two-lot subdivision for property located at 681 John Fitch Boulevard, GC zone
Galen Semprebon, Design Professionals, Inc., present the proposal for a two-lot subdivision of a 5-acre parcel and gave an overview of the site. The site contains two buildings and extensive pavement. The applicant would like to divide off the rear building to create a lot to be sold. Both lots conform to the regulations except lot number one is over the 65% impervious coverage and has obtained a variance from the Zoning Board of Appeals.
The site will require several easements as follows:
Parking
Utilities
Cross Access
Storm Drainage
The site will be cleaned up and improvements will be made to the pavement. The applicant is willing to address the concerns of town staff related to minor repairs on the site.
Lipe read the Planning Report:
Request for resubdivision of a 5+ acre property into two lots. The existing property, 681 John Fitch Boulevard has frontage Route 5, and is GC zone. The resubdivision would create two lots with frontage on Route 5, resulting in a 3.7 acre lot and a 1.4 acre lot –with a single building on each lot.
Both lots appear to meet subdivision requirements with the exception of the impervious coverage. The applicant received a variance form the ZBA in July 2003 to allow an impervious coverage 86.3.% for Lot 1. The condition placed on this variance was that there could be no additional impervious surfaces added to the property (on lot 1 or 2).
Access to the site is from a single driveway entrance. Because of the way the site currently is utilized, and to minimize the number of variances that would be needed to subdivide the property, the applicant has provided easements for parking, travel, utilities, gas and storm drainage from Lot 1 to 2 and from Lot 2 to Lot1. The parking requirement for the Lot 1 is 36 spaces; they have provided 37 spaces and 33 truck spaces. The parking required for Lot 2 is 42 spaces and they have provided 42 spaces.
The plan reflects the current outdoor storage of equipment associated with lot 2. Upon site visit, it was noted that the tall equipment had been moved toward the rear of storage area, making them less visible from Route 5. Staff would recommend that the tall equipment be required to be stored in the location it is in.
Public water and sewers are currently available on site.
There is no activity proposed on this site; thus no IWA/CC was required.
We worked with the applicant’s engineer to address some concerns and had requested them to show the storage areas as they exist on site and to clean up the site. There is still equipment and other outdoor storage materials in parking areas and should be either moved into storage areas or removed from the site.
If this application is approved, the Planning Dept. requests no additional approval modifications other than those already noted.
Doolittle read the Engineering Report:
1. The bituminous pavement is broken or missing in some of the areas shown as paved. There does not appear to be bituminous pavement along the northern or western sides of Lot 1. The pavement is broken (alligator cracks) and there are large pot holes in many places on both lots. The potholes need to be filled and the pavement repaired. The plan needs to accurately reflect the limits of pavement. Some of the parking spaces shown are on gravel, which can not be striped. Are all the parking spaces shown on the plan necessary?
2. The existing dry well and catch basins on Lot 1 need to be cleaned of silt and debris. The existing dry
well is currently surrounded by stone, broken pavement, and dirt. This needs to have pavement around it (at least 10 feet around) to provide a better flow path for surface runoff, and reduce the silt and debris that enters this structure.
3. There are many trucks, cars, trailers, and other heavy equipment stored on this site so I could not completely inspect the area. Some of the vehicles and equipment appears to be old and not functioning. This site needs to be cleaned up and the “junk” vehicles and equipment removed and properly disposed. Should there be areas designated for storage shown on the plan?
There was a discussion of the easements and the traffic flow between the two buildings on the site. The original approval was for one lot with one owner. It was mentioned in the discussion of the Commission that the cross easements on the site are confusing and not desirable and set a bad precedent.
It was asked if the subdivision meets the zoning requirements. The response yes it meets the bulk requirements.
Semprebon responded there is parking provided for this site through the cross parking easements. The owner of the property is hoping to be able to sell off lot 2 and continue to run his business from the site on lot 1, (with the easements in place to allow for the outdoor storage).
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.
Appl 03-54P, Two J’s Realty continued
Motion to approve with modifications was made by Commissioner Kennedy,
This approval is for 2 lots, numbered 1 and 2.
Drainage and construction for this subdivision is subject to the approval of the Town Engineer.
All lots shall be serviced by the Town of South Windsor sanitary sewer system and are subject to the approval of the Water Pollution Control Authority.
Water shall be supplied to this subdivision by Connecticut water.
All easements for conservation purposes, drainage or utilities, that may be required in connection with the approval of this subdivision, must be submitted on standard Town easement form where appropriate, to this Commission prior to filing the mylars and issuance of building permits. All deeds for open space, public improvements and roadways must be submitted prior to request for Town acceptance; all deeds must be in accordance with the policy for accepting deeds and must be approved by the Engineering Department and Town Attorney.
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.
A drainage assessment fee in the amount of $50.00 shall be submitted to this Commission.
The Town Engineer’s review comments dated 9/2/03 must be addressed to the Town Engineer’s satisfaction.
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.
seconded by Chairman McCann. The motion failed and the vote was 3:4; McCann, Kennedy, Choate, aye; Montana, Evans, Larsen, Pacekonis, nay;
Commissioner Evans left the meeting.
Commissioner Cottle was appointed to site for Commissioner Evans for the remainder of the meeting. Commissioner Bazzano was appointed to sit for Appl 03-53P, for Commissioner Wentzell on this application.
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
A letter was read into the record requesting the postponement for decision on Appl 03-53P, Plaza at Buckland Hills Zone Change. The Commission did not act on this application.
Discussion regarding Planning and Zoning Amendments - Gateway Development and Restricted Commercial
The Commission had a discussion of the amendments and there is a real concern of the architectural features of the buildings in this area. The Commission has the ability to raise the standards on the corporate look for future construction in these zones. There was a discussion of a fast food restaurant and to determine how they could be incorporated into the zoning regulations.
Motion to bring the Gateway Development and Restricted Commercial Regulations to public hearing was made by Commissioner Choate, seconded by Commission Larsen. The motion carried and the vote was 6:1; McCann, Cottles, Choate, Larsen, Pacekonis, Montana, aye; Kennedy, nay
ITEM: Bonds
Subdivision Bonds
Engineering recommends a bond in the amount of $241,700 for subdivision improvements (Day Drive) associated with Appl. 02-48P, Summerwood Senior Residence Development
Motion to set subdivision improvements bond for Appl 02-48P, Summerwood SRD was made by Commission Kennedy, seconded by Commission Choate. The motion carried and the vote was unanimous.
Landscaping Bonds
Appl 02-07P, Output Technologies
Motion to release landscaping bonds for Appl 02-07P, Output Technologies, in the amount of $10,000.00
was made by Commissioner Choate, seconded by Commissioner Kennedy. The motion carried and the vote was unanimous.
IWA/CC Bonds
Appl 02-07P, Output Technologies
Motion to release swale planting bond for Appl 02-07P, Output Technologies, in the amount of $10,000.00
was made by Commissioner Choate, seconded by Commissioner Kennedy. The motion carried and the vote was unanimous.
Appl 02-07P, Output Technologies
Motion to release erosion & sediment bond for Appl 02-07P, Output Technologies, in the amount of $5,000.00
was made by Commissioner Choate, seconded by Commissioner Kennedy. The motion carried and the vote was unanimous.
Appl 01-33 Holcombe Subdivision
Motion to release the erosion & sediment bond for Appl 01-33P, Holcombe Subdivision in the amount of $5000.00 was made by Commissioner Choate, seconded by Commissioner Kennedy. The motion carried and the vote was unanimous.
ITEM: Correspondence
Letters were read into the record for the following and will be placed on a future agenda:
Letter from Eileen Marchessault from ADRC
Jacques Construction, LLC regarding 12 Vintage Lane
Therapeutic Riding Center of American regarding 1837 Main Street
ITEM: Adjournment
Motion to adjourn at 11:05 p.m.
Was made by Commissioner Kennedy
Seconded by Commissioner Choate
The motion carried
The vote was unanimous
Respectfully Submitted,
__________________________________
Kelli Holmes
Recording Secretary
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