MEMBERS PRESENT: Kevin McCann, Patrick Kennedy, Suzanne Choate, Marshall Montana and Sue Larsen
ALTERNATES PRESENT: Gary Bazzano was sitting for Commissioner Evans
Roger Cottle was sitting for Commissioner Wentzell
Bart Pacekonis
STAFF PRESENT: Michele R. Lipe, Assistant Director of Planning
Jeff Doolittle, Town Engineer
PUBLIC HEARING – COUNCIL CHAMBERS
Chairman McCann opened the public hearing at 7:30 p.m. Commissioner Montana read the legal notice as published in the Journal Inquirer.
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 (Continued from 10/14/03)
Jay Ussery, J. R. Russo, gave a review of the project as presented at the October 14, 2003 public hearing.
Lipe summarized the Inland/Wetland Agency report and approval conditions. Doolittle reviewed the Engineering comments dated October 28, 2003 indicating they would need to be incorporated into the plans.
There was no public participation on this application. The issues raised by the Commission were as follows:
What type of buffering would be between the lots? Ussery indicated the majority of the trees to the rear of the property would be saved to create a natural buffer.
There was a discussion if the location of the conservation area was the best location in the front of the site. It was indicated there would be concrete monuments and a fence around the perimeter of the conservation area.
The public hearing closed.
Appl 03-71P, Cooney Accessory Apartment, request for special exception to Section 4.7.1 to create an accessory apartment on property located at 176 Hilton Drive, A-20 zone
Tim Cooney presented an accessory apartment application to the Commission and reviewed the criteria. He indicated his mother-in-law would occupy the apartment and would like to utilize separate utilities and that is why they came forward with an accessory apartment rather than an in-law apartment application.
Lipe read the Planning Report:
Request for Special Exception for an accessory apartment at 176 Hilton Drive, A-20 zone. The applicant is proposing a 24’ by 30’ addition behind the existing two-car garage to accommodate an accessory apartment. While the applicant is proposing the apartment for a family member, the apartment as designed does not meet the criteria for an in-law apartment because it is completely separate from the main unit and will have its own utilities.
An accessory apartment differs from an in-law apartment in that an accessory apartment is not restricted to relatives and does not have to be converted back into living space for the main unit when the in-law apartment occupant no longer lives there. As with all special exceptions, the apartment approval runs with the property in perpetuity.
The PZC accessory apartment regulation has specific criteria for the unit, including:
The in-law apartment cannot be larger than 900 sq ft or 40% of the gross floor area (whichever is smaller).
The main unit was constructed prior to September 1, 1990.
the entire structure must maintain the appearance of a single family dwelling;
off street parking for three vehicles must be accommodated;
Not more than 10% of the existing single family units within 1000 feet of the proposed accessory apartment contain accessory apartments or in-law apartments;
adequate water and sewage disposal must be provided; and
the owner of the dwelling units must occupy either the in-law apartment or the main dwelling unit
The Commission may waive one or more of the provisions above (except the requirement that an owner live in the apartment or house) after determining:
There will be minimum adverse impacts on existing uses in the area;
Surrounding property values will be conserved and the character of the neighborhood will not be unduly disrupted;
Due consideration to preservation of historic factors has been demonstrated.
The original house was built in 1958 and is now approximately 2500 sq ft. The in-law apartment is 720 square feet, or 22% of the combined gross floor area. The applicant has submitted a plot plan showing the proposed addition, which is located behind the existing garage, and a floor plan and elevations for the apartment. The new apartment would be accessed by a door on the side of the new unit. There is a two-car garage, and the driveway is double-width, so there is parking for at least four vehicles. The house is served by public water and sewer.
There are no PZC-approved in-law or accessory apartments within 1000 feet of this subject property.
The owner of a house with an accessory apartment must reaffirm biennially to the Commission that one of the dwelling units is occupied by an owner of the property.
If this application is approved, the Planning Dept has no requested approval modifications.
There were no Engineering comments.
Bob and Mary Sauer, 184 Hilton Drive, both spoke in opposition to the application, indicating they had no objection to an in-law apartment but would have some concern with an accessory apartment.. This is a residential area and it is not in character with the neighborhood. There is concern if the mother-in-law were to not reside in the apartment it would then be used as a rental.
The Commission had the following concerns:
It was asked why an in-law apartment was not being proposed instead of an accessory apartment? The applicant indicated they would like to have separate utilities for the unit.
Lipe indicated the plan could be reconfigured so the access to the apartment is from inside the home and not outside the main structure.
Tim Cooney stated if an accessory apartment would not be approved by the Commission they would resubmit an in-law apartment application.
It was suggested by the Commission to modify the plan and submit an application for an in-law apartment, and the application fee would be waived.
The applicant withdrew the accessory apartment application. The Commission accepted the withdrawal.
PZC-sponsored amendments: (1) Buckland Road Gateway Development zone, proposed amendments to sections 5.8.6.a, Bulk Requirements; 5.8.6.c, Site Appearance Requirements; 5.8.6.c.6, Buffers; 5.8.6.d, Site Improvements; to add standards for properties with a Gateway Zone designation but no frontage directly on Buckland Road. (2) Restricted Commercial zone, proposed amendment to section 5.1.2.4, to eliminate as permitted uses stand-alone fast food restaurants and restaurants with any type of drive-through window (Continued from 10/14/03)
Lipe reviewed the Planning and Zoning proposed amendments.
Dick Kelly, 1744 Ellington Road has concerns for the parcel of land he owns (between the four corners and Deming Street) on Buckland Road that is now within the Buckland Gateway Development Zone. There has been a negative effect for property owners due to the access management issues.
The Commission had the following comments:
Commissioner Kennedy indicated the proposal consists of technical changes that would allow the current zone to expand beyond the current borders.
Commissioner Montana is concerned with Oakland Road regarding buffers due to adjacent residential areas.
Chairman McCann indicated he has concerns with the buffering being eliminated from Oakland Road.
Lipe read the report received from CRCOG stating they found no apparent conflicts with the regional plans, dated September 19, 2003.
Restricted Commercial Zone
Lipe gave an overview of the proposed amendment - Restricted Commercial zone, proposed amendment to section 5.1.2.4, to eliminate as permitted uses stand-alone fast food restaurants and restaurants with any type of drive-through window.
There were no Engineering comments.
Richard Kelley, RSK Kellco, Inc., Robert Urso, Webster Court Associates, Attorney John Woodcock, representing six property owners in South Windsor, and Peter DeMallie, Design Professionals, Inc.
expressed concerns limiting a drive thru in a Restricted Commercial Zone. There should be restrictions placed on architecture and traffic management when bringing this type of development into this zone, but it should not be eliminated completely. There should be an overall plan for the parcels located within this zone. Property owners have invested in this zone and development opportunities are now occurring.
The Commission had the following questions/concerns:
Commissioner Bazzano agrees with public comments of convenience of a drive thru, but has concerns with certain fast foods establishment being in the town center area. There needs to be a degree of control regarding design, traffic impacts, etc.
Commissioner Larsen would like to see the environmental concerns addressed, i.e. cars idling in drive thru.
Commissioner Montana stated it is very difficult to have large chains change the design of their building prototypes. Substantial changes may need to be addressed in the regulations.
Commissioner Choate mentioned there is a bank and pharmacy drive thru in this area and stated not allowing a fast food drive thru could be discriminating. The rights of property owners in this zone should be considered with this zone being investment property.
Commissioner Kennedy commented the possibility of adding design criteria in the Restricted Commercial zone regulations but not to the degree of the Gateway Development zone. The drive thru criteria should be address in the site plan process.
Chairman McCann commented on the proposed changes to the Restricted Commercial zone in the area of town center indicating a traffic analysis of fast food restaurants and drive thru’s and the architectural design of the establishments within the Restricted Commercial zone should be reviewed in detail .
The public hearing closed. There was a ten-minute recess before the regular meeting.
REGULAR MEETING – MADDEN ROOM
CALL TO ORDER:
PUBLIC PARTICIPATION:
There was no public participation.
Chairman McCann on behalf of the Commission and staff thanked Commissioner Montana for all her years of service with the Planning & Zoning Commission.
NEW BUSINESS:
Discussion/Decision/Action regarding the following:
Appl 95-16P, Steeltech, initiate the calling of bond
Lipe review the bond with the Commission.
Commissioner Cottle was appointed to sit for Commissioner Wentzell.
Commissioner Bazzano was appointed to sit for Commissioner Evans.
Commissioner Kennedy disqualified himself from this application. Commissioner Pacekonis sat for Commissioner Kennedy on this application.
Motion to call the letter of credit for Appl 95-16P, Steeltech bond in the amount $5,000 and $3,000.00 made by Commissioner Montana, seconded by Commissioner Larsen. The motion carried and the vote was unanimous.
Appl 03-66P, Poulin Interior Lot, request for a resubdivision and special exception to 4.6.1 of the zoning regulations to create one interior lot on 5+ acres, for property located at 432 Strong Road, RR zone
Motion to approve with modifications Appl 03-66P, Poulin Interior Lot was made by Commissioner Kennedy,
Drainage and construction for this lot is subject to the approval of the Town Engineer.
The lot shall be serviced septic and is subject to the approval of the Town Sanitarian.
Water shall be supplied to this lot by CT water.
All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
All easements for conservation purposes, drainage or utilities, that may be required in connection with the approval of this lot, must be submitted on standard Town easement form where appropriate, to this Commission prior to filing the mylars and issuance of building permits.
Footing drains are required for the house. Prior to the building of any structure on a lot, a topographic map, drawn to a scale of 1" = 40', shall be submitted, showing proposed contours, elevations and the location of the footing drains. No building permit will be issued until the proposed contours, floor elevations and location of footing drains have been approved by the Town Engineer.
If, for any reason, finished grading and other site work is not completed, the Town Engineer shall determine the amount of a cash bond to ensure final grading and site work. This cash bond must be submitted prior to issuance of a Certificate of Occupancy.
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.
An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 4.13.10 of the zoning regulations.
Access easement must be reviewed by the Town attorney and executed before the mylar goes on file.
Zoning data table must be updated for Lot #2 to reflect the correct acreage.
seconded by Chairman McCann.
There was a discussion of the undersized lots being approved and the Zoning Board of Appeals variances that have been granted.
Commissioner Pacekonis mentioned staff suggesting a vegetative buffer between the homes because of the close proximity to each other and should incorporate into the approval condition at approval.
Motion to amend to incorporate a row of evergreen for a vegetative buffer between the houses was made by Commissioner Larsen, seconded by Commissioner Montana. The motion carried and the vote was as follows: 4:3, Larsen, Bazzano, Cottle, Montana, aye; McCann, Kennedy, Choate, nay.
The original motion as amended was called. The motion carried and the vote was as follows: 6:1 Larsen, Bazzano, Cottle, Montana, McCann, Kennedy, aye; Choate, nay
ITEM: Meeting Continuation
Motion to continue the Regular Meeting beyond 10:00 p.m. was made by Commissioner Choate, seconded by Commissioner Kennedy. The motion carried and the vote was unanimous.
Appl 00-32P, Evergreen Estates, landscaping change order
Dick Boston, Design Professionals, Inc., presented a proposal to reduce the number of street trees for the above application by 20. This request has come as a result of the 11 subdivision owners not in favor of the street tree plan. The tree reduction would still maintain the concept of avenue trees.
Commissioner McCann inquired if the walkway from Evergreen Estates to the adjacent subdivision been completed. Bob Urso indicated he met with staff and Karl Reichle on site and the sidewalk connection will be completed.
Commissioner Montana read two letters were read into the record
Residences of Evergreen Estates on Green Lane requesting the reduction
Karl Reichle, Tree Warden expressing concerns reducing the number of trees, but acknowledges the residences made this requests.
Lipe explained the street trees are placed in an easement and the property owners should have been aware of this easement when purchasing the property. There is a waiver provision the applicant could have addressed when going to the approval process rather than a change order at the end of development.
Commissioner Pacekonis was appointed to sit for Commissioner Choate who left the meeting.
Chairman McCann indicated no objection to the relocation of the trees but does not want to see the number of trees reduced within the street tree easement.
The Commission had a discussion of the tree reduction and reviewed the original approval.
Motion to approved Appl 00-32P, Evergreen Estates landscaping change order was made by Commissioner Kennedy, seconded by Commissioner Bazzano. The motion carried and the vote was unanimous.
Appl 02-59P, Expo Design Center request for 90-day extension for the filing of mylars
Motion to approve Appl 02-59P, Expo Design 90-day extension for the filing of mylars was made by Commissioner Montana, seconded by Commissioner Larsen. The motion carried and the vote was unanimous.
Appl 03-63P, Metro Realty Group, Ltd, and the Public Housing Authority of South Windsor, request for zoning amendment to Elderly Housing Section 4.1.11.2c, to increase the maximum number of units in any development from 102 to 200 units; and to increase the maximum number of units in all developments from 200 to 350 units
There was an in-depth discussion of the commission regarding the number of units in a development and the maximum number of units in the cap. There was concern of approving the maximum number of units in a development to 200 could bring other large development in town. It was mentioned this type of housing is market driven and what is the need in South Windsor.
There was concern expressed in increasing the number of housing units with the Berry Patch development not being completed at this time. It was questioned if the need of South Windsor residences is being met for affordable housing. This type of housing will bring in revenue without impacting the school system.
There was a suggestion to create provisions in the regulations to allow the Commission some control when reviewing future applications.
Motion to approve Appl 03-63P, Metro Realty Group, Ltd, and the Public Housing Authority of South Windsor, for a zoning amendment to Elderly Housing Section 4.1.11.2c, to add a waiver provision to increase the number of units up to 200 units after finding a) traffic impact will not be detrimental to surrounding areas, b) the site is appropriate for a larger development, c) would not create adverse impacts on surrounding property values; and to increase the maximum number of units in all developments from 200 to 350 units was made by Commissioner Kennedy, seconded by Chairman McCann. The motion carried and the vote was as follows: 6:1, McCann, Kennedy, Montana, Pacekonis, Cottle, Bazzano, aye; Larsen, nay
Appl 03-71P, Cooney Accessory Apartment, request for special exception to Section 4.7.1 to create an accessory apartment on property located at 176 Hilton Drive, A-20 zone
The applicant presented their application and made the decision during the public hearing to withdraw.
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
Motion to approve with modification Appl 03-59P 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 public water.
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.
This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission dated 10/23/03, inlcuding a bond in the amount of $5,000.
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.
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.
Footing drains are required for each house. Prior to the building of any structure on a lot, a topographic map, drawn to a scale of 1" = 40', shall be submitted for each lot in the subdivision, showing proposed contours, elevations and the location of the footing drains. No building permits will be issued until the proposed contours, floor elevations and location of footing drains have been approved by the Town Engineer.
If, for any reason, finished grading and other individual lot site work is not completed, the Town Engineer shall determine the amount of a cash bond to ensure final grading and site work. This cash bond must be submitted prior to issuance of a Certificate of Occupancy.
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, in lieu of a surety bond, 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 $ 100.00 shall be submitted to this Commission.
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.
Engineering comments dated October 28, 2003, must be incorporated into the final plans.
Special Exception has been granted for the creation of the interior lots and approval becomes effective upon the enclosed form going on file in the office of the town clerk
seconded by Commissioner Bazzano.
Commissioner Larsen felt this lot and it should not be split to create two lots.
There was a short discussion whether or not this parcel should be split into two lots.
The motion carried and the vote was as follows: 6:1, McCann, Montana, Pacekonis, Bazzano, Kennedy, Cottle, aye; Larsen, nay
Appl 03-55P, Gerich Interior Lot, request for first and second 90-extensions for the filing of mylars
Motion to approve Appl 03-55P, Gerich Interior Lot first and second 90-day extensions for the filing of mylars was made by Commissioner Kennedy, seconded by Commissioner Bazzano. The motion carried and the vote was unanimous.
Appl 03-68P, Symes Horses, request approval under Section 4.1.10 to keep up to ten horses for personal use, on property located at 402 Main Street, A-40 zone
The Commission did not hear this application.
ITEM: BONDS
Appl 03-28P, The Shops at Evergreen Walk Buckland Road and Deming Street Improvements
Motion to approve the bond in accordance to the Engineering Department recommendations as follows:
Bond improvements to Buckland Road in South Windsor to be set at $1,169,189.00.
Bond improvements to Deming Street in South Windsor to be set at $175,409.00.
It is also recommend that 10% of these bonds be retained for a one-year maintenance period beginning on the date these improvements are substantially completed and accepted by the Town.
Was made by Commissioner Kennedy, seconded by Commissioner Pacekonis. The motion carried and the vote was unanimous.
ITEM: ADJOURNMENT
Motion to adjourn at 11:25 p.m. was made by Commissioner Kennedy, seconded by Commissioner Bazzano. The motion carried and the vote was unanimous.
______________________________
Kelli Koehler
Recording Secretary
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