MEMBERS PRESENT: Kevin McCann, Patrick Kennedy, Suzanne Choate, Sue Larsen, Bart Pacekonis, and Cliff Slicer
ALTERNATES PRESENT: Gary Bazzano to sit for Chairman Wentzell
STAFF PRESENT: Michele Lipe, Assistant Director of Planning
Jeff Doolittle, Town Engineer
PUBLIC HEARING – COUNCIL CHAMBERS 7:30 p.m.
Commissioner McCann, Vice Chair, opened the public hearing at 7:30 p.m.
Commissioner Larsen read the legal notice as published in the Journal Inquirer.
Appl 03-70P, Keen Resubdivision, request for a resubdivision of 1.6+/- acres to create one new lot, for property located at 140 Pleasant Valley Road, A-40 zone
Karen Isherwood, Design Professionals, Inc., gave an overview of the application indicating there is a natural buffer separating the lot. Isherwood reviewed the Zoning Board of Appeals variances approved in July 10, 2003 and November 6, 2003 to allow a reduction of area and reduction of lot dept. The Inland Wetland Agency approved this application on November 19, 2003. The site will be services by a well, public water and sanitary sewer from Pleasant Valley Road. Driveway access will provide a turn around as required. The plans meet town staff requirements. The only outstanding issue is the maintenance of the channel bed and a ten-foot street tree easement that is being discussed with town staff.
Lipe reviewed the Planning report:
Request for approval of a resubdivision to create 1 new lot located on the northerly side of Pleasant Valley Road, westerly of Route 5, A-40 zone.
Minimum lot size required in the A-40 zone is 40,000 sq ft. The applicant has received two lot size variances to create these lots – lot #1 will be 34,539 sf and the second lot will be 34,626 sf. A variance was also granted for Lot #1 to allow the existing house to be 49 feet from the front property line.
There is no open space requirement for this subdivision, as the applicant is creating less than 6 lots.
There are regulated wetlands on the site. The applicant received IWA/CC approval on 11/19/03, with a conservation easement required by IWA-CC to be placed 25 feet off the wetland boundary along the easterly side o f the property and is required to be monumented and marked as a conservation easement area.
The applicant is proposing one driveway cut from Pleasant Valley Road. The drive is shown with a turnaround.
There are no sidewalks shown in front of these lots; and there are no sidewalks along the northerly side of Pleasant Valley Road.
The site will be serviced by public water and sewers. WPCA approval is required.
The applicant has indicated that they plan to preserve some trees between the lots. A street tree easement has been provided along the Pleasant Valley Road frontage. The applicant has shown two new trees to be planted along the Pleasant Valley frontage. The applicant is also required to establish a new street line providing the town a 25’ r.o.w. from the centerline of the road.
If this application is approved, the planning department has no additional modifications to request.
-conservation easement must be monumented as required in the IWA/CC regulations.
Doolittle reviewed the Engineering report:
The anti-tracking pad needs to be shown as 30 feet long, at a minimum
Is the proposed driveway to be paved? Please note this. The driveway needs a paved apron that extends at least 20 feet from the existing edge of pavement on Pleasant Valley Road.
Relocate the foundation drain for the proposed house so it discharges into the existing catch basin in front of this lot. The pipe should run up from the sump pump and through the wall such that the water flows by gravity down to the catch basin. This drain line also needs to have a check valve just after the pump outlet.
Regarding where the stream enters the 24” CMP that crosses the road. The inlet and pipe need to be cleaned of silt and debris, and an inlet sedimentation basin needs to be established. This should be done as part of this construction and then a drainage easement (at least 20 feet north into the property and 15 feet west past the pipe) given to the Town of South Windsor for future maintenance of this inlet and the pipe.
Show monuments/iron pins to establish the street line in front of this property.
Who owns the triangle of property between where the center of the brook is presently located and where the former property line was located?
Street Excavation Permits must be taken out by the contractor before the installation of the driveway and water service.
An application must be made to the WPCA for the Sanitary Sewer connection and this must be approved and any charges paid before this work is done.
There were no public comments on this application.
The Commission had no questions regarding this application.
The public hearing closed.
Appl 03-75P, Van’s RV Center request for a two-year renewal of a temporary and conditional permit for the storage of recreational vehicles at 515 John Fitch Boulevard, I zone
Mark VanOstrand presented to the Commission the proposal for the renewal of the temporary and condition permit to allow storage of recreational vehicles at 515 John Fitch Boulevard for 100-120 day in the spring. The applicant indicated there have been no changes to this permit.
Lipe read the Planning Report:
Request for renewal of a two-year temporary and conditional permit to store RV inventory on an existing parking lot at the Mestek site at 515 John Fitch Blvd, I zone. This request was originally granted in February 2001 for a one-year period and expired in February 2002.
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.” Sales and storage of recreational vehicles are allowed in the General Commercial zone (GC is the zone in which the main Van’s Leisure Living sales facility is located).
The Mestek parking lot is not fully utilized. The proposed area for RV storage is at the back of the side parking lot, about 330 feet from the edge of John Fitch Blvd, and is completely fenced. The parking lot area currently appears to be used for tractor-trailer unloading, and is not readily visible when driving by on Route 5.
If this renewal is approved, there are no requested modifications.
There were no Engineering comments.
There was no pubic participation on this application.
Commissioner McCann commented the applicant should consider the possibility of meeting with town staff for a permanent change to allow storage of the recreational vehicles each year. The Temporary and Conditional permit is for a temporary use and requires renewal every two year. A permanent change would not require the applicant to renew the permit.
The public hearing closed.
Appl 03-79P, Clifford and Pamela McClellan– request for renewal of a two-year temporary and conditional permit for one goat at 85 Foster Road, RR zone
Clifford & Pamela McClellan presented to the Commission the proposal for a temporary and condition permit renewal to allow goats on their property located at 85 Foster Road. It was stated the original permit was for one goat. The McClellans’s daughter, Meghan, is currently involved with the 4-H and her goat gave birth to two baby goats in June 2003. The mother goat died and an additional goat was brought to the property to provide milk for the kids. Clifford McClellan indicated the property is sanitarily maintained. The applicant is looking to renewal their permit to allow goats on their property. Photos of the property and goats were submitted to the Commission for their review. Three letters were submitted to the Commission from Meghan's teacher, 4-H leader, and their
neighbor to the rear of the McClellan’s in favor of the goats.
Meghan McClellan addressed the Commission explaining the impact of raising these goats has brought to her life. She gave an overview of the maintenance, the commitment in raising her goats, and explained how well they have done is the area fairs over the summer.
Pamela McClellan, mother of Meghan, addressed the Commission explaining how proud she is of her daughter and how the goats have become such a big part of their family. Pamela commented on her daughter’s ability to maintain her honor grades at high school and her commitment to her goats.
Katie McClellan, Meghan’s older sister, explained to the Commission her sister’s commitment to the goats.
Cheryl Sager, 4-H Leader, gave the Commission a background of the character of goats. The goats will be loud in the a.m. and p.m. at feeding times. The goats are sedentary during the day.
Katie Bachman & Donna Hayward, neighbors to the left of the McClellans spoke in opposition of the application indicating the original approval was for one goat and there are four goats on the property. It was stated they do not want to be a bad neighbor having to complain knowing how much the goats mean to the McClellans. The goats a very loud and you can hear them even with the windows closed. It was thought the approval was for more than one goat. If it was known only one goat Katie and Donna would have complained sooner.
Lipe read the Planning report:
Request for a renewal of a temporary and conditional permit for a structure to house a goat that is not in conformance with the required setbacks on property located at 85 Foster Road, RR zone. We have the applicant site plan which shows that the location of the structure. This was originally approved by this Commission in July of 2001 (expiring August 2003) and the applicant is now in requesting a renewal.
The regulations require that structures housing animals be a minimum of Section 4.1.4e requires any building housing animals or poultry are permitted “not less that one hundred (100’) from a street or lot line, and no less than one hundred and fifty feet (150’) from the nearest residential building on land under separate ownership. The proposed structure is 77 feet from one property boundary and 66 feet from the other (Cannot meet the 100 foot requirement).
The applicant originally requested a variance to this regulation, however because the ZBA felt the request was temporary in nature, they recommended the applicant seek a T & C from this Commission.
The wording of the T & C 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 given after Public Hearing if, in the judgment of the Commission, the public convenience and welfare will be substantially or permanently injured and traffic and other hazards will not result from such use.” Structures housing farm animals are permitted in Rural Residential zones, provided the property has the required animal shelter setbacks.
If this application is approved, the Planning Dept. has no modifications to request.
There were no Engineering comments on this application.
The Commission had the following questions and concerns:
Commissioner Bazzano inquired how did the number of goats go from one to four? Meghan responded goats are social animals and need companions and initially there were two. One of the goats died after giving birth to two kids and the other goat died of a disease. A goat was borrowed for milk to take care of the two baby goats. A goat was bought for Pamela McClellan from her daughter Meghan, making a total of four goats.
Meghan stated the goat for milking could be return to her 4-H leader and one of the babies would be sold. Meghan indicated there was a misunderstanding that the original approval was for only one goat. Her intent was always to have two goats on the site.
Commissioner Slicer commented he lives in a rural area of town adjacent to a farm. The frustration of the neighbor is understood, but this is a rural residential area and farm animals are permitted. The applicant stated they could reduce the number of goats to two.
Commissioner Larsen and Commissioner Choate asked for clarification of the application, if the application is for the structure or for the goats? Lipe stated it is for the structure. When you provide a structure for farm animals it is at that time the regulations apply.
Commissioner Kennedy addressed the neighbor in opposition inquiring if two goats remained would there be any objection to the approval of the application? The neighbor indicated she would like the approval for a one-year period so they could monitor the situation.
Commissioner Cottle congratulated Meghan on here success with the goats, but stated there is a responsibility to the number of goats that are permitted on the property. This is an emotional application and it seems that through the hearing this issue could be resolved.
Pam McClellen apologized to their neighbor for the disturbance and indicated they would remove two of the goats from the property.
Katie Hayward, the neighbor to the left stated if the approval is for two goats and the approval can be reviewed in 6 months they would withdrawal their opposition.
Commissioner McCann commented the removal of the two goats may alleviate the situation, but when a goat has babies they would have to be sold. Meghan indicated she would need the babies on the property temporarily for approximately one month.
Commissioner Larsen read three letters into the record in favor of the application.
The public hearing closed.
Appl 03-85P, Town of South Windsor Recreation Dept., request for Temporary and Conditional permit to display a 16 sq ft sign for future location of Boundless Playground, at 150 Nevers Road, RR zone.
Ray Favreau, Director of Recreation, presented to the Commission the proposal to display a
4 x 4, 16 square foot sign for the future location of the Boundless Playground at 150 Nevers Road. The scheduled completion date is 2005. The sign would be posted until completion, approximately and 18 months period, and will assist in donations. The sign will be professionally designed.
Lipe read the Planning report:
Request for a temporary and conditional permit to display a 16 sq ft sign indicating the future location of a new Boundless Playground, at 150 Nevers Road, RR zone.
The wording of the temporary and conditional permit 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 of time not to exceed two years. Such approval may be given after a Public hearing, if in the judgement 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.”
The existing sign regulations do not accommodate this type of signage. Temporary signs of civic organizations are allowed to advertise specific events and are limited to 90 days.
If this application is approved, Planning Dept. has no requested modifications.
There were no Engineering comments.
There was no public participation on this application.
The Commission had no questions.
The public hearing closed.
There was a ten-minute recess before the regular meeting.
REGULAR MEETING – MADDEN ROOM
CALL TO ORDER:
Commissioner McCann called the regular meeting to order.
PUBLIC PARTICIPATION:
CB Richard Ellis representing the Schwier family presented to the Commission two perspective proposals for the Schweir property, I zone.
A zone change for retail shopping center of approximately 170,000 sq ft.
Would have to obtain a zone change for this parcel and would like feedback from the Commission regarding a zone change.
Self-Storage facility approximately 50,000 sq. ft. on the back of the site and land bank the remainder of the site.
CB Richard Ellis stated she spoke with Marcia Banach, Director of Planning, and she mentioned that may not be in the plan for this area of town.h
Chairman McCann explained this preliminary discussion is not a binding agreement. Any application would be review by the Commissioner through the Planning & Zoning process.
CB Richard Ellis indicated they understood.
Commissioner Kennedy commented on the traffic impacts relating to retail in this area could be a challenge when seeking a zone change.
Commissioner Choate inquired what zone would they be seeking and indicated the Commissioner would be looking for the best possible use. CB Richard Ellis responded they are unsure but a zone that would allow retail. This is a very visible site and the best use in the market would probably be retail.
Commissioner McCann indicted the location of the site on Sullivan Avenue and Route 5 is a gateway to South Windsor. This site will be subject to access management and traffic issues could be a concern for retail in this area. Self-storage units due to the visibility of this site may not be the best possible use.
Commissioner Larsen stated she agrees with Commissioner McCann’s comments.
The preliminary discussion concluded.
NEW BUSINESS:
Commissioner Bazzano was appointed to sit for Chairman Wentzell.
Discussion/Decision/Action regarding the following:
Appl 03-70P, Keen Resubdivision, request for a resubdivision of 1.6+/- acres to create one new lot, for property located at 140 Pleasant Valley Road, A-40 zone
Motion to approve with modifications was made by Commissioner Kennedy.
This approval is for 2 lots, numbered 1and 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.
Trees within the Street Trees Easement and any other trees on land that is currently or will in the future become Town-owned land are to be planted in accordance with the enclosed Tree Planting Specifications.
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, 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 11/17/03 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 Commissioner Choate.
Commissioner Larsen commented that ZBA approvals are being granted before an application is submitted to Planning & Zoning. Lipe stated the PZC might want to schedule a meeting the ZBA to discuss these issues.
Commissioner Choate stated there is a roundtable meeting and that may be a good time to bring up this topic with ZBA.
Commissioner Pacekonis proposed a friendly amendment for the maintenance of the buffer of hemlocks that is currently in place.
Commissioner Slicer indicated saving hemlocks could be a financial burden on a property owner. A buffer will grow naturally if the hemlocks are removed.
Commissioner Choate stated the houses are 120 feet, which is a considerable distance.
The friendly amendment was withdrawn.
The motion carried and the vote was unanimous.
Appl 03-75P, Van’s RV Center request for a two-year renewal of a temporary and conditional permit for the storage of recreational vehicles at 515 John Fitch Boulevard, I zone
Motion to approve with modifications was made by Commissioner Pacekonis.
The approval will expire on November 24, 2005.
Seconded by Commissioner Kennedy. The motion carried and the vote was unanimous.
Appl 03-79P, Clifford and Pamela McClellan– request for renewal of a two-year temporary and conditional permit for one goat at 85 Foster Road, RR zone
There was a discussion of the Commission to approve the application for a one-year period.
Motion to approve Appl 03-79P for a one-year temporary and condition permit for two goats
At 85 Foster Road was made by Commissioner Kennedy.
This approval will expire on November 24, 2004.
Seconded by Commissioner Choate. The motion carried
And the vote was unanimous.
Appl 03-85P, Town of South Windsor Recreation Dept., request for Temporary and Conditional permit to display a 16 sq ft sign for future location of Boundless Playground, at 150 Nevers Road, RR zone.
Motion to approve was made by Commissioner Pacekonis. Seconded by Commissioner Kennedy. The motion carried and the vote was unanimous.
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
The Commission had a discussion regarding the Buckland Road Gateway Development PZC sponsored amendment.
Motion to approve with modifications was made by Commissioner Kennedy.
The amendment will become effective upon the publication of the amendment.
Seconded by Commissioner Larsen. The motion carried and the vote was unanimous.
BONDS: Callings/Reductions/Settings
App 03-08P, Podunk Ridge SRD
Engineering recommends a bond in the amount $97,125.00 for site improvements for
Appl. #03-08P, Podunk Ridge SRD
Motion to set site improvements bond for Appl 03-08P, Podunk Ridge SRD at $97,125.00
was made by Commissioner Kennedy. Seconded by Commissioner Larsen. The motion carried
And the vote was unanimous.
Appl 00-53P, Watson Farm
Motion to reduce Appl 00-53P, Watson Farm site bond from &75,000.00 to $7,500 was made by Commissioner Pacekonis. Seconded by Commissioner Kennedy. The motion carried and the vote was unanimous.
APPLICATIONS TO BE OFFICIALLY RECEIVED:
Appl 03-86P, East Hartford Sand & Gravel Phase 7, request for a renewal for earth removal operations for property located on the easterly side of Route 5 (1440 John Fitch Boulevard- behind KF Brick Properties), I zone
Appl 03-87P, Borawski Landscaping, request for a five-year major home occupation for a landscaping business from property located at 116 Fairview Drive, AA-30 zone
Appl 03-88P, K.O.R.E. Fitness & Training, request for a special exception to Article 6.1.3.9 for a fitness facility for property located at 259 Sullivan Ave., I zone
ADJOURNMENT:
Motion to adjourn at 9:45 pm. was made by Commissioner Kennedy. Seconded by Commissioner McCann. The motion carried and the vote was unanimous.
Respectfully submitted,
_________________________
Kelli Koehler
Recording Secretary
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