Town of South Windsor, CT Agendas & Minutes Archive

PZC Minutes 1-6-04

MEMBERS PRESENT: Timothy Wentzell, Sue Larsen, Patrick Kennedy, Suzanne Choate, Bart Pacekonis, and Cliff Slicer

ALTERNATES PRESENT:

STAFF PRESENT: Michele R. Lipe, Assistant Director of Planning

The Public Hearing opened at 7:35 p.m. Commissioner Larsen read the legal notice as published in the Journal Inquirer.

Motion to rearrange the public hearing agenda was made by Commissioner Larsen. Seconded by Commissioner Kennedy. The motion carried and the vote was unanimous.

PUBLIC HEARING – COUNCIL CHAMBERS

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major home occupation for a landscaping business from property located at 116 Fairview Drive, AA-30 zone APPLICATION WITHDRAWN

Chairman Wentzell indicated Appl 03-87P, Borawski Landscaping withdrew their application. Commissioner Larsen read the withdrawal letter into the record.

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

Galen Semprebon, Design Professionals, Inc., presented the application to the Commission indicating a two-year-renewal request for earth removal of approximately 34,800 yards of material for phase 7. This additional renewal request should complete the earth removal from the site.

Lipe read the Planning Report:

Request to continue excavation of sand and gravel in the remaining phase (Phase VII) at property located behind K-F Brick. The site has frontage on Strong Road and is about 63 acres; however, sand and gravel excavation is currently occurring on about 2.4 acres on the western part of the site. The latest approvals were granted by this Commission in 2001; that permit expired in May 2003. The previous permits included seven phases of gravel excavation; the applicant indicated in the past that he would excavate about 20,000 cubic yards of material per year, and anticipated about a 10-year timeframe for excavation of phases 4-7. (It has been about 9 years since applicant began excavating Phase 4.) The applicant has finished excavation in Phases 4 and 6, is no longer looking for approval of Phase 5. This request is for Phase 7.

Access to the site will continue to be from Route 5, via Brickyard Road, as it has been in the past.

There are regulated wetlands on the site and the current approval expires in January 19, 2005. The Army Corp and DEP are also reviewing the wetlands disturbances on the site and have not issued a permit to date.

We are currently holding two passbook bonds on this project, for a total amount of $25,000, to ensure erosion and sediment control as well as stabilization after each phase is excavated. A bond in the amount of $91,000 was required for the reparation of the destroyed wetland areas.

Proposed excavation in Phase 7 will result in maximum cuts of 12-14 feet, slopes at 1:3, and some cuts up to 4-5 feet into the groundwater table.

Section 14 of the zoning regulations provides guidelines for the Commission for the approval of sand and gravel operations, including the effect of such removal on surrounding property and the future usefulness of the premises when the operation is completed. Also, according to the provisions of Section 14, such permits shall be issued for a period not exceeding two years. The regulations also allow PZC to grant unspecified extensions of time or modifications to the scope of work originally approved..

The Commission’s 2001 approval of the Sand and Gravel operation included the following conditions :

The permit must be renewed prior to the expiration date if sand removal operations are to continue;

A progress as-built plan is required with the permit renewal application;

Use of the driveway between the Sylvestri residence and this site by commercial/industrial vehicles is prohibited; and

The sequencing of excavation shown on the approved plans must be adhered to.

If approved, the Planning Department staff requests that an as-built of Section 6 be submitted for review prior to the PZC taking action on this item.

There were no Engineering comments.

There was no public participation on this application.

The Commission had the following questions/concerns:

Commissioner Larsen inquired if the decision for this application should be scheduled on the agenda after the receipt of the as-built? Lipe responded yes.

The public hearing closed.

Appl 03-72P, J.E. Shepard – request for a renewal of a two-year temporary and conditional permit for a business office at 819 Main Street (formerly Bossen’s Store), A-40 zone

Tim Shepard gave an overview of the renewal request indicating there were no changes to the application.

Lipe read the Planning Report:

Request for renewal of a two-year temporary and conditional permit for a low profile financial services office at 819 Main Street, A-40 zone.

This property has a variance that was granted in 1974 to sell note paper, cards, books, and stationery and miscellaneous items, both retail and by mail. This site was also the location of a grocery store in the past. There have been temporary and conditional permits for a variety of uses such as retail, office, and training office for nurses aides, sale of christening gowns previously granted by the ZBA and then by the PZC.

The most recent approval for an office approximately 900 sf. was granted in July of 1999 (expiring on July 13, 2001). At that time the applicant indicated that the facility would not receive “drop-in” traffic; rather it would be used as a sales office and individuals would leave to make service calls. He anticipated that four cars would be parked at the site, using four off-street parking spaces (in front of the existing building). The approval granted had the following conditions:

Signage must be in conformance with the size allowed in the zoning regulations (2 square feet) and must be made of wood

No more than four cars to be parked in front of the office at any one time

Blinds must be closed if anyone is working at night.

Our understanding is that the use has not changed since the 1999 approval and we have received no complaints about the use.

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.” This use is permitted in commercial zones.

4. If this application is approved, the planning department has no modifications to request. There are no engineering comments on the plan.

There were no Engineering comments and no public participation for this application.

The Commission had no questions and the public hearing closed.

Appl 03-73P, J. E. Shepard - request for renewal of a two-year temporary and conditional permit to allow two apartments, known as Home Farm Apartments, on property located at 176 Windsorville Road, RR zone

Tim Shepard presented the application to the Commission indicating no changes to the application.

Lipe read the Planning Report:

Request for renewal of a Temporary & Conditional permit for two apartments located at 176 Windsorville Road, RR zone. The existing permit expired in January 2002. The original ZBA approval was granted in January 1993. The building was constructed in 1911 and, according to the original ZBA application, the subject building had been used for a variety of nonconforming uses in the past, such as boarding house, teen center, manufacturing and apartment, and studio.

The RR zone does allow for accessory apartments, however there is no provision for apartments in separate buildings on a site.

If this application is approved, the Planning Dept. has no modifications to request.

There were no Engineering comments and no public participation. The Commission had no questions or concerns and the public hearing closed.

Appl 03-74P, J.E. Shepard – request for renewal of a two-year temporary and conditional permit to allow a modular office at 185 Governor’s Highway, I zone

Tim Shepard gave an overview of the application indicating no changes to the application.

Lipe read the Planning Report:

Request for renewal of a two-year temporary and conditional permit for a modular office at 185 Governor’s Highway, I zone.

This temporary and conditional permit was originally granted in 1991. The office area is approximately 880 sq ft. (40’ x 22’) and it is located slightly outside the building line along Governor’s Highway. The applicant has provided a site layout and pictures of the office.

4. In a 1997 renewal, the Commission included in the approval letter a request that the applicant seek another alternative to the placement of the office so that a renewal would not be necessary. In subsequent approvals, Planning Dept has suggested that if this modular building is actually intended to be permanent, the applicant take the necessary steps to submit a modification to the existing site plan, including a variance if necessary.

There were no Engineering comments and no public participation.

The Commission had the following questions/concerns:

Commissioner Slicer asked the applicant if there is a reason for not applying for a more permanent use. Shepard responded feels the T & C permit allows the Commission to review every two years. If it would not a problem for the Commission to approve the use on a permanent basis the applicant would go through the process.

Slicer asked Lipe if the town staff recommends the applicant pursue the permanent approval for this use. Lipe responded the T&C permit is intended for temporary uses. If the intent is to be permanent, then the applicant should seek a variance and site plan approval.

Commissioner Larsen commented the structure does not look like a permanent building. She questioned if that would be a reason the Commission would consider keeping it as a temporary and conditional permit. Lipe responded it is a consideration/recommendation for the applicant to pursue a permanent solution.

Commissioner Larsen asked the application if the Fuel Cell would consider a more permanent structure. Shepard indicated they would rather keep the application as a T & C.

Commissioner Choate commented if the use is intended to be permanent it should go through the process for a permanent zoning solution.

The public hearing closed.

Appl 03-82P, J.E. Shepard – request for renewal of a two-year temporary and conditional permit to allow an office for the “Inspiration House Publishers” located at 1865 Main Street, A-40 zone

Shepard presented the application to the Commission indicating there is no customer traffic and there have no changes to the application.

Lipe read the Planning Report:

Request for approval of a renewal of a two-year temporary and conditional permit that had been granted by the ZBA for an office for Inspiration House Publishers in the existing Post Office building at 1865 Main Street, A-40 zone.

This property is owned by the applicant and currently houses the East Windsor Hill Post Office as well as an apartment. The applicant has used this location in the past for the above business as well as for the Giving Tree (a card, gift and book shop) approved through a ZBA temporary and conditional permit. The current use requested is for the inventorying of the cards and books of the “Inspiration House Publishers.” There are no retail sales proposed and all shipments would be made directly from the East Windsor Hill Post Office.

The applicant’s description indicates that the level of activity is approximately 4 hours a week and would entail the owner’s car being parked in the East Windsor Post Office parking area.

If this application is approved, the planning department has no modifications to request. There are no engineering comments on the plan.

There were no Engineering comment and no public participation on this application. There were no Commissioner comments. The public hearing closed.

Appl 03-89P, Cooney In-Law Apartment, request for a 5-year in-law apartment for property located at 176 Hilton Drive, A-20 zone

Tim Cooney presented his application for an in-law apartment at 176 Hilton Drive and reviewed the criteria. The apartment will be accessed from the main dwelling and is intending for his mother-in-law. The apartment will be converted back to living space in the future if the apartment is no longer needed.

Lipe read the Planning Report:

Request for a permit for an in-law apartment at 176 Hilton Drive, A-20 zone.

The PZC in-law apartment regulation has specific criteria for the unit; and provides for a 5-year permit period. These criteria include:

The in-law apartment cannot be larger than 900 sq ft or 40% of the gfa (whichever is smaller)

the entire structure must maintain the appearance of a single family dwelling;

off street parking for three vehicles must be accommodated;

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 impact 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 applicant is proposing an addition off the rear of the house that will be connected to the main house by a mudroom/laundry room. This in-law apartment is approximately 720 square feet. The applicant has provided a floor plan of the proposed apartment, as well as an exterior elevation. The applicant is aware that the in law apartment will have to be converted back into single-family living space when it is no longer occupied by a relative. That could be accomplished by removing the appliances in the kitchen area of the in-law apartment. It appears that all zoning requirements have been met.

If this application is approved, the Commission may grant approval for up to five years. The applicant will be asked via letter to reaffirm ownership of the property every two years. At the end of the permit period, if the family situation has not changed, the applicant may request renewal by staff.

There were no Engineering comments. The Commission had no questions or concerns. The public hearing closed.

SPECIAL MEETING– MADDEN ROOM

CALL TO ORDER:

Chairman Wentzell called the special meeting to order.

PUBLIC PARTICIPATION:

There was no public participation for items that were not on the agenda.

NEW BUSINESS:

Discussion/Decision/Action regarding the following:

Executive Session – Kerin & Kerin

It was stated the Executive Session would be postponed until the January 13, 2004 meeting at 7:00 p.m. in the Madden room prior to the Public Hearing.

Appl 03-91P, Robert & Kimberly Selig, request for approval for 3-horses on property located at 112 Pheasant Way, AA-30 zone

Robert Selig gave an overview of their 4 acre parcel at 112 Pheasant Way indicating constructing a Morton building barn and having three horses on their property for personal use.

Lipe read the Planning Report:

Request for approval under Section 4.1.9 to keep up to three horses, on property located on the easterly side of Avery Street, westerly of Pheasant Way, RR zone.

General criteria for keeping horses for personal use include due consideration to the conservation of property values; the general character of the neighborhood, and the general welfare of the Town. In addition, there are specific criteria that apply, including:

A minimum of two acres is required for the first horse and an additional acre for each additional horse. This property includes more than 12.2 acres.

Housing/stabling of horses is restricted to the rear yard of the premises. The accessory buildings used to shelter or feed the horses must be located at least 125 feet from the street, 40 feet from any side or rear property line, and 100 feet from any dwelling located on an adjacent property. There is an existing barn on this property that does not meet the 40’ setback requirement, but does meet the 100 feet from any dwelling requirement

A fenced area of at least one acre for each horse must be provided. In lieu of fencing, a riding ring may be substituted.

Manure shall not be allowed to accumulate to cause any health hazard, and shall be subject to inspection by the Health Officer. Fly control measures shall be required; and

There shall be no outside storage of feed or bedding material.

The applicant has submitted a plan, which shows the area fenced and a location of a new barn, 30’X36’ in conformance with the regulations.

4. Since a large area of the property has a CL& P easement over it, we have asked the applicant to provide us with documentation from CL&P that they are allowed to graze horses under the easement area and install fencing.

If this application is approved, the Planning Department has no modifications requested.

There were no Engineering comments and no public participation on this application.

Robert Selig indicated he had a meeting with CL&P in Berlin and read a letter into the record indicating there are no conflicts with the proposed barn being constructed on property.

Motion to approve was approve 03-91P was made by Commissioner Kennedy, Seconded by Commission Larsen. The motion carried and the vote was unanimous.

Appl 03-72P, J.E. Shepard – request for a renewal of a two-year temporary and conditional permit for a business office at 819 Main Street (formerly Bossen’s Store), A-40 zone

Motion to approve Appl 03-72P was made by Commissioner Larsen.

The application will expire on January 5, 2006.

Seconded by Commissioner Choate. The motion carried and the vote was unanimous. Commissioner Pacekonis abstained.

Motion to approve Appl 03-73P was made by Commissioner Choate.

1. The application will expire on January 5, 2006.

Seconded by Commissioner Larsen. The motion carried and the vote was unanimous.

Commissioner Pacekonis abstained.

Appl 03-74P, J.E. Shepard – request for renewal of a two-year temporary and conditional permit to allow a modular office at 185 Governor’s Highway, I zone

Commissioner Choate commented the use does not seem to be a temporary situation and the applicant may want to seek a permanent solution. A discussion ensued among the Commissioners regarding the process of a permanent solution. It was agreed upon to add the concerns of the Commission in the approval letter that the applicant should consider a permanent solution.

Motion to approve Appl 03-74P was made by Commissioner Choate.

The application will expire on January 5, 2006.

Seconded by Commissioner Larsen. The motion carried and the vote was unanimous.

Commissioner Pacekonis abstained.

Appl 03-82P, J.E. Shepard – request for renewal of a two-year temporary and conditional permit to allow an office for the “Inspiration House Publishers” located at 1865 Main Street, A-40 zone

There was a discussion of the Commission regarding areas of Main Street being special within the historical section of town.

Motion to approve Appl 03-82P was made by Commissioner Choate.

1. The application will expire on January 5, 2006.

Seconded by Commissioner Larsen. The motion carried and the vote was unanimous.

Appl 03-89P, Cooney In-Law Apartment, request for a 5-year in-law apartment for property located at 176 Hilton Drive, A-20 zone

Motion to approve with conditions Appl 03-89P, Cooney In-Law Apartment was made by Commissioner Kennedy.

This approval is for an in-law apartment for a family member/relative only. When the in-law apartment is no longer occupied by a relative of the family, the apartment cannot be treated as a second dwelling unit. Instead, the kitchen must be removed and the living area must be converted into other living space for the main dwelling.

This permit will expire in five years, on January 5, 2009, and will have to be renewed at that time if the use is to be continued. Owner(s) of the property must reside in the apartment or the main dwelling unit. Reaffirmation of occupancy by owner will be required every two years. This will be done via a letter from the Planning Department requesting the reaffirmation of occupancy.

Any new building, or alterations/additions to existing buildings, require a building permit prior to start of construction.

Seconded by Commissioner Slicer. Commissioner Pacekonis abstained. The motion carried and the vote was unanimous.

ITEM: Appointments to GRCOG Regional Planning Commission

Motion to appoint Cliff Slicer as the 2004 CRCOG Representative and Sue Larsen as alternate was made by Commission Choate. Seconded by Commissioner Pacekonis. The motion carried

And the vote was unanimous.

ITEM: Appointment to Open Space Task Force

Motion to appoint Commissioner Larsen as Planning Representative was made by Commissioner Choate. Seconded by Commissioner Pacekonis. The motion carried and the vote was unanimous.

ITEM: Mylar Extensions

Appl 03-66P, Poulin Interior Lot, request for a first and second 90-day extension for the filing of mylars.

Motion to approve a first and second 90-days extension for the filing of mylars for 03-66P was made by Commissioner Kennedy. Seconded by Commissioner Pacekonis. The motion carried

The vote was unanimous.

Appl 03-70P, Keen Subdivision, request for a first and second 90-day extension for the filing of mylars

Motion to approve a first and second 90-days extension for the filing of mylars for 03-70P was made by Commissioner Kennedy. Seconded by Commissioner Pacekonis. The motion carried

And the vote was unanimous.

Appl 03-80XP, Aunti Dawn’s Bake Shoppe, request for a first and second 90-day extension for the filing of mylars

Motion to approve a first and second 90-days extension for the filing of mylars for 03-80XP was made by Commissioner Kennedy. Seconded by Commissioner Pacekonis. The motion carried and the vote was unanimous.

ITEM: BONDS: Callings/Reductions/Settings

Bond Setting

Motion to set the bond for Appl 01-24P, Strawberry Fields for remaining site work at $204,400 for Phase 1 and Phase 2 was made by Commissioner Kennedy. Seconded by Commissioner Larsen. The motion carried and the vote was unanimous.

Landscaping Bonds

Motion to release Appl 00-28P, landscaping bond in the amount of $10,000 was made by Commissioner Kennedy. Seconded by Commissioner Slicer. The motion carried and the vote was unanimous.

Site Bonds

Motion to reduce Appl 00-28P, Wheeler Estates, site bond from $183,000 to 39,000 was made by Commissioner Choate. Seconded by Commissioner Kennedy. The motion carried and the vote was unanimous.

Subdivision Bonds

Motion to reduce Appl 00-28P0 Wheeler Estates, subdivision bond from $35,000 to 34,600** was made by Commissioner Pacekonis. Seconded by Commissioner Kennedy. The motion carried and the vote was unanimous.

** maintenance level – expires in one year

IWA/CC Bonds

Motion to release IWA/CC bonds for 01-28P, Willowbrook Golf Course $20,000, 00-46P, Shepard – 100 Bidwell, $20,000, and 00-28P, Wheeler Estates $5,000 was made by Commissioner Kennedy. Seconded by Commissioner Slicer. The motion carried and the vote was unanimous.

Motion to reduce IWA/CC bonds for 02-06P, Stone Crossing from $20,000 to $10,000 was made by Commissioner Kennedy. Seconded by Commissioner Slicer. The motion carried and the vote was unanimous.

ITEM: Minutes

The minutes of 10/28/03 and 11/18/03 were approved by consensus of the Commission

Commissioner Larsen read into the record a resignation letter from Commissioner Cottle resigning as an alternate from the Planning & Zoning Commission

ITEM: Adjournment

Motion to adjourn at 8:50 p.m. was made by Commissioner Kennedy. Seconded by Commissioner Slicer. The motion carried and the vote was unanimous.

Respectfully submitted,

___________________________

Kelli Koehler

Recording Secretary