MEMBERS PRESENT: Kevin McCann, Louise Evans arrived at 7:30 p.m., Patrick Kennedy, Suzanne Choate, Marshall Montana and Sue Larsen
ALTERNATES PRESENT: Gary Bazzano
Roger Cottle sitting for Tim Wentzell
Bart Pacekonis
STAFF PRESENT: Marcia Banach, Director of Planning
Jeff Doolittle, Town Engineer
PUBLIC HEARING OF THE PLANNING & ZONING COMMISSION – COUNCIL CHAMBERS
Appl 03-59P, Chapel Woods Resubdivision, request for a resubdivision and special exception to 4.6.1 of the zoning regulations to create one conventional lot and one interior lot on 4.1 acres, for property located on the southerly side of Chapel Road, easterly of Long Hill Road, RR zone
Commissioner Montana read a letter into the record postponing Appl 03-59P, Chapel Woods Resubdivision public hearing to October 14, 2003.
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
Commissioner Montana read a letter into the record from Attorney Peter Alter withdrawing Appl 03-53P, Plaza at Buckland Hills Zone Change
Appl 03-65P, Brenda Montagna, request for a five year permit for a major home occupation for a home based confectionery business on property located at 144 Cambridge Drive, AA-30 zone
The applicant presented the application to the Commission proposing a major home occupation to allow a home based confectionery business. The business would entail processing 50 lbs of fudge per month and specialized candies to small business owners in the area. The hours would be evenings between 6:00 – 9:00 p.m. and weekdays from 12:00 p.m. – 8:00 p.m. There will be no incoming deliveries except an occasional UPS delivery and there will be no customer traffic to the home. The applicant stated she is working with the Department of Health to secure the required licenses.
Banach read the Planning Report:
This is an application for a 5 year major home occupation permit for a pilot home based wholesale confectionery business producing such things as homemade fudge and chocolates at 144 Cambridge Drive, AA-30 zone. The applicant is proposing to operate the business out of the basement of her home. Because this occupation has the potential of odors and the applicant intends to employ one non-resident of the house, it falls into the category of a major home occupation requiring PZC approval.
2. 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.
3. 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 as outlined in the handout provided. The basement area to be used is approximately 280+ sf. (which is about 10% of the total square footage of the house). A layout of the kitchen area has been provided. There are no anticipated parking needs as she expects UPS deliveries 1-2 times a week and she will be delivering the products to local businesses for sale. There is one non-resident employee.
The applicant has indicated that the hours of operation will be primarily during the weekend evening between 6-9 PM and weekdays 12-8 PM.
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 has indicated that he met with the applicant and the Consumer Protection dept several weeks ago and does not anticipate any compliance issues.
Fred Shaw, Supt of WPC has reviewed this application and has the following questions: How much additional water will be discharged to sewers as a result of this business activity? He has indicated that the town may monitor water usage and may require a separate WPCA approval and sewer usage charge. Mr. Shaw has also indicated that the homeowner will need to provide for separate collection/disposal of business generated wastes and recyclables.
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.
Doolittle had no comments on this application.
There was no public participation for this application.
A letter was read into the record from Robert Warren from the Zoning Board of Appeals regarding a zoning violation at 144 Cambridge Drive.
The Commission had the following questions/concerns:
The disposal of waste and garbage and is it specified in the regulation to be screened
The shed in violation is not on the plot plan
WPCA has concerns regarding the waste from the property
Banach indicated there are no requirements for screening of receptacles but that could be added to the regulations.
Montagna indicated she is working with town staff regarding the shed violation. Montagna stated she would work with the Superintendent of Pollution Control to determine proper disposal procedures.
The public hearing closed.
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
Chairman McCann indicated the hearing for this application was held open for the IWA/CC report and closing remarks from the applicant and the intervenor.
Banach read the IWA/CC report into the record:
1. One blueprint copy of the entire set of plans and this letter reproduced thereon, must be submitted to this Commission. This must be completed within 65 days of approval prior to any construction activity on the site. Plans submitted to Planning & Zoning Commission shall be considered having met this requirement.
2. The application shall indemnify and hold harmless the Town of South Windsor against any liability, which might result from the proposed operation or use.
3. The permit is valid for five years and shall expire on September 17, 2008. It is the landowner(s)/applicant(s) responsibility to track expiration dates and notify the Commission of a renewal request at least 65 days prior to expiration.
4. All approvals required must be obtained and submitted prior to any activity on the site.
A contact person shall be identified on the plans.
The rain gardens shall be constructed with the supervision and installation approved by Dr. Clausen.
We recommend a bond in the amount of $60,000 be submitted to the Planning & Zoning Commission to ensure compliance with the Erosion and Sedimentation Control Plan.
We recommend a bond in the amount of $50,000 to ensure the installation and the establishment of the stormwater structures, to be held for five growing seasons to assure adequate establishment of the vegetation.
We recommend a bond in the amount of $5,000 to ensure the establishment of wetlands creation, to be held for five growing seasons to assure adequate establishment of the vegetation.
Maintained landscape area adjacent to Deming Street within the 330 foot buffer can be used for aesthetics or passive recreation and shall be placed on the plans.
Phasing of the grading activities through the site in relation to the interior erosion control measures, should be consistent with the proposed plan. If there are substantial changes in that phasing, based on contractor input, an alternative erosion and sedimentation control plan must be developed and approved by this Commission.
The establishment of the riparian buffer, 330’ from the center of the stream channel must be in place prior to:
a) Any other applications on the site coming before the Commission
b) The approval of any building permits associated with the project and
c) Within 6 months of a Planning & Zoning Commissions approval on the site
Any onsite topsoil that is to be used for landscaping, stormwater structures or for the mitigation area must be tested for contaminants consistent with the historical agricultural use.
Management of any soils contaminated with pesticides will be managed in accordance to the State regulations.
Documentation for the riparian buffer will be prepared and executed in a format acceptable to the Town Attorney’s Office.
Doolittle read the Engineering report into the record:
1. The elevations for SMH11 shown on plan sheet CG.1.20 do not agree with the sewer profile on sheet CU.1.8. These need to be revised so they show the same elevations.
2. The roundabout that was added at the intersection of Hemlock Ave and Evergreen Way needs to have more yield signs and right arrows added for traffic control. Also, the evergreen tree shown on the landscape plan at the end of the diverter islands (toward the round-about) needs to be removed and replaced with a low growing plant that will not obstruct drivers vision as they enter the round-about. The landscaping should also not interfere with drivers vision of the pedestrian crosswalks (from any direction) at this location.
3. The areas designated as outside display and dining end close to handicap ramps and the edge of the sidewalk (5-10 feet). Do we want to have a minimum clear sidewalk zone from the curb so pedestrians have
plenty of room to walk without being forced out into the parking areas or handicap ramps.
Alan Lamson stated there was a question at the previous public hearing regarding the lighting and submitted a photograph of the fixture that is being proposed for The Shops at Evergreen Walk (Exhibit A).
Lamson indicated he discussed the irrigation system with the applicant and they are willing to provide the installation and of the irrigation system when the median is installed, but the systems is to be provided by the Town Parks Department.
Attorney John Mallin, Cummings and Lockwood, summarized the Lifestyles Center indicating the plans conform within the Planning & Zoning Regulations. The plan has been approved by the IWA/CC. The applicant has modified the plans as requested by Town Staff.
Mallin stated the intervenor has not shown any real evidence regarding the environmental concerns and has only attempted to only prolong the proceedings.
Attorney King submitted his summation to the Commission (Exhibit B) indicating the following:
The application failed to address the cumulative environmental impacts on the Wetlands and watercourses.
Applicant did not timely apply for a permit to conduct the construction of utilities in an inland wetland water course.
The applicant seeks approval of a lot that has not received the necessary resubdivision approval.
The applicant does not have an interest in the entire site covered by the application.
The applicant substantially parts form the General Plan of Development for Evergreen Walk
The application violates provisions of the regulations relating to parking and loading spaces
Approval of the application will result in a reasonable probability of unreasonable pollution
The applicant has not demonstrated it controls rights of way necessary to build off-site traffic improvements required by the State Traffic Commission
King stated for the foregoing reasons, the application should be denied.
Chairman McCann closed the public hearing. There was a short recess before the regular meeting.
REGULAR MEETING – MADDEN ROOM
Chairman McCann opened the regular meeting. There was no public participation for items that were not on the agenda.
Commissioner Kennedy made a motion to add Appl 03-65P, Brenda Montagna to the agenda under Discussion/Decision/Action, seconded by Commission Pacekonis. The motion carried and the vote was unanimous.
Commissioner Cottle was appointed to sit for Commissioner Wentzell.
Commission Pacekonis was appointed to sit for Commission Evans due to her absence from the Public Hearing on this application.
Appl 03-65P, Brenda Montagna, request for a five year permit for a major home occupation for a home based confectionery business on property located at 144 Cambridge Drive, AA-30 zone
Motion to approve with conditions was made by Commissioner Choate,
This approval is subject to the following conditions:
The business must be operated by the homeowner.
The permit will expire on September 23, 2008, and will have to be renewed at that time.
The hours of operation are weekdays from 12:00 – 8:00 PM and weekends from 6:00 9:00 PM.
Refuse from the business cannot be disposed of with residential refuse. Adequate arrangements must be made for business refuse disposal.
WPCA approval may be required. The applicant must contact the Superintendent of Pollution Control for determination of sewerage requirements.
Any new building, or alteration/additions to existing buildings, requires a building permit prior to start of construction.
seconded by Commissioner Kennedy. The motion carried the vote was unanimous
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
The Commission had a discussion with respect to the intervenor’s concerns on Appl 03-28P, Poag & McEwen Connecticut, LLC.
Motion to move that the Planning and Zoning Commission finds that, based upon the record before us as a whole, the developer’s conduct, as proposed in this application, is not reasonably likely to cause the unreasonable pollution, impairment, or destruction of the public trust in the air, water, or other natural resources of the State was made by Commissioner Evans, seconded by Commissioner Kennedy. The motion carried, and the vote was unanimous.
Chairman McCann made a statement, and the Commission was in agreement, that the applicant addressed all the concerns of the Commission regarding the traffic, architectural changes, median concerns, etc. throughout the project and the process of the application before the Planning and Zoning Commission and the Inland/Wetland Agency/Conservation Commission.
Motion to approve Appl 03-28P, Poag & McEwen with conditions 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 a bond in the amount of $60,000 to ensure compliance with the erosion and sediment control plan; a bond in the amount of $50,000 to ensure the installation and establishment of stormwater structures; and a bond in the amount of $5,000 to ensure the establishment of wetlands
creation areas. The $50,000 and $5,000 bonds will be held for five growing seasons to assure adequate establishment of vegetation.
An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.11 of the Zoning Regulations.
A landscape bond in the amount of $50,000 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.
A State Traffic Commission certificate is required. No building permits will be issued until the STC certificate has been issued (per CGS §14-311).
The building street numbers must be included on the final plan.
The Town Engineer’s review comments dated September 11, 2003 (Buckland Road Widening plans) and September 22, 2003 (Final Development Plan) must be addressed to the satisfaction of the Town Engineer.
One year (12 months) after the Shops at Evergreen Walk opens to the public, the applicant shall submit to the Planning and Zoning Commission a traffic report that examines the traffic operation of the north entrance drive (Hemlock Avenue) to determine whether operational modifications are required. The report shall examine Hemlock Avenue’s operation at its intersection with Buckland Road as well as at the 3 internal intersections along Hemlock Avenue. If operational modifications are needed, they will be implemented by the applicant.
The proposed parking lot lighting fixtures must be replaced with the more decorative fixture, presented at the public hearing of September 23, 2003.
Screening of rooftops from both Buckland Road and the main entrance ramp (west of Buckland Road) will be reviewed for adequacy after installation of all landscaping and subsequent to issuance of the first Certificate of Occupancy on this site. If the roof screening is inadequate, the screening must be addressed with supplemental landscaping and/or architectural features.
Pavement markings must be maintained in good condition at all times.
Buckland Road median landscaping plans to be finalized to the satisfaction of the Superintendent of Parks and Grounds.
Adequate access to 207 Buckland Road must be provided in accordance with the requirements of Section IIIA of the zoning regulations (Buckland Road/Sullivan Avenue Corridor Requirements).
Architectural elevations for buildings #500C-E must be reviewed by the Architecture and Design Review Board and the Commission for approval prior to issuance of building permits. Architectural elevations for all other buildings must be reviewed by Planning Department staff for conformance to the approved site plan prior to issuance of a building permit for each building.
In areas designated for outside dining and display, at least six feet of unobstructed sidewalk must be available for pedestrians.
The applicant shall install an irrigation system in the Buckland Road median, if the materials are provided by the Town.
seconded by Commissioner Choate. The motion carried and the vote was unanimous.
ITEM: Bonds
Appl 02-18P, South Windsor Technologies Center, LLC, request for a second 90-day extension
Motion to approve a second 90-day extension was made by Commissioner Montana, seconded by Commissioner Larsen. The motion carried and the vote was unanimous.
ITEM: Correspondence
Commissioner Evans read into the record a letter from Peter Gutska, Owner of Pete’s Carstar of South Windsor (Exhibit D) inquiring about the possibility of locating a Collision Service Repair business within an industrial zone at 1249 John Fitch Blvd. Banach indicated the owner does not want to invest into a site plan if the Commission would not consider an application. If the Commission would be amenable to this type of use in an industrial zone, the owner would come forward with a site plan. The Commission stated there are conditions that are applied to every application. Under the regulations this site is visible and the Commission could place conditions based on the visible location of the site. In general the Commission felt an application could come forward but the Commission
would place criteria to be met prior to any approval.
Commissioner Larsen mentioned that Appl 03-53P, Plaza at Buckland Hills Buckland Zone Change withdrew and would it be possible for the Commission to review the zoning regulations for the Buckland Gateway Zone and Restricted Commercial Zone. Chairman McCann asked Banach to put it on the agenda for review.
ITEMS: ADJOURNMENT
Motion to adjourn at 10:00 p.m. was made by Commissioner Kennedy, seconded by Commissioner Choate. The motion carried and the vote was as follows unanimous.
____________________________
Kelli Holmes
Recording Secretary
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