MEMBERS PRESENT: Timothy Wentzell, Kevin McCann, Sue Larsen, Patrick Kennedy, Suzanne Choate, Bart Pacekonis, and Cliff Slicer
ALTERNATES PRESENT: Gary Bazzano
STAFF PRESENT: Michele Lipe, Assistant Director of Planning
Jeff Doolittle, Town Engineer
PUBLIC HEARING – COUNCIL CHAMBERS – 7:30 P.M.
Chairman Wentzell opened the public hearing at 7:33 p.m. Commissioner Larsen read the legal notice as published in the Journal Inquirer.
Motion to rearrange the agenda items to allow item numbers 4 and 5 to be heard first was made by Commissioner Choate. Seconded by Commissioner Kennedy. The motion carried and the vote was unanimous.
Appl 04-09P, Vigurs Major Home Occupation renewal for a hair salon, d/b/a Your Hair, 643 Pleasant Valley Rd., A-20 zone
Martha Vigurs presented the renewal request for a major home occupation indicated there have been no changes to the application.
Lipe read the Planning Report:
This is a request for a renewal of a home occupation that was granted for in February of 1999 for a 5-year permit to operate a hair dressing salon, on property located at 643 Pleasant Valley Road, A-20 zone.
The scope of the occupation has not changed. Planning Dept. staff are not aware of any complaints regarding this home occupation.
The applicant has approximately 345 sq ft. dedicated to this occupation. No exterior changes were made to the building. Three parking spaces were added for the occupation.
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.
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.
Public sewer and water serve the existing house.
If this renewal is approved, the applicant will have to return to this Commission for again for renewal upon expiration of the 5-year permit period. Planning Dept. requests that original approval conditions remain in effect.
There were no Engineering comments on this application. There was no public participation on this application. The Commission had no questions or concerns. The public hearing closed.
04-11P, Russo In-Law Apartment, request for a 5-year in law apartment permit for property located at 42 Vintage Lane, RR zone
Anthony Russo presented the application for an in-law apartment for his parents to the Commission.
Lipe read the Planning Report:
Request for a permit for an in-law apartment at 42 Vintage Lane, RR 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 to build a new house with an in-law apartment on the first floor of the house. This in-law apartment is approximately 860 square feet. The total square footage of the house is approximately 4,060 square feet. The applicant has provided a floor plan of the proposed apartment, as well as an exterior elevations of the proposed house. 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 on this application. There was no public participation on this application. The Commissioner commented on the in-law apartment would have to be converted back to living space if the in law apartment was no longer needed. It was mentioned there are two bedroom for the apartment and the applicant indicated his parents will occupy both bedrooms. The public hearing closed.
Appl 03-92P, Podunk Farm Parking Lot, request for site plan reapproval for a parking lot with 75 spaces to service the Mill on the River on property located at 989 Ellington Road, A-20 zone
Karen Isherwood with Design Professionals, Inc., indicated the public hearing was continued to review the traffic comments from Jim Bubaris, Bubaris Traffic Associates, addressing outstanding traffic concerns from the previous meeting of February 10, 2004 (Exhibit A).
Lipe read the memo from Chief of Police, Gary Tyler, (Exhibit B). Lipe reviewed the Planning Report and handed out information regarding the in-pavement lighting (Exhibit C).
Doolittle indicated he did not have anything to add at this time, but was available for questions.
Public participation was as follows:
James Clementino, 44 Bridle Wood Road, spoke in opposition of the application indicating the parking lot across from the Mill on the River is very dangerous and he has concerns with the safety of the pedestrians.
The Commissioner had the following questions/concerns:
Commissioner Bazzano commented there should be some type of control measures for the use of this additional parking.
Commissioner Slicer asked Isherwood for clarification if the lot would be use by staff only or staff and patrons. Isherwood indicated the applicant does not want to restrict the lot to employees only and anticipates the spill over of patrons during the few weeks over the holidays would occur - 14 to 21 days per year.
Commissioner McCann commented he feels this is not a good location and currently there is a dangerous situation at the location. It was asked if the applicant is agreeable as a condition of approval that the in-pavement lighting be installed? Isherwood responded yes.
Commissioner Larsen inquired how this would work in the winter. Doolittle responded they are set in the pavement and raised and angled to direct the light at the oncoming vehicles. Would you be able to see the light in snowy condition in the winter? Doolittle indicated the state generally has a policy of keeping the roads clear of ice and snow.
Commissioner Choate inquired where in-pavement lighting in installed currently. Doolittle indicated Salt Lake City, Utah, Seattle, Washington area, and in Florida in different locations.
Commissioner Kennedy inquired if the lights be damaged by snowplows and is the applicant aware of the maintenance that would go along with this lighting? Isherwood indicated this is why the State allowed the in–pavement lighting, the maintenance is the responsibility of the applicant
Chairman Wentzell indicated he would like to see the parking lot used by the employees first. Isherwood indicated the owners would encourage the employees to use the new parking lot and to allow the Mill on the River lot for patrons of the restaurant.
Chairman Wentzell inquired if the new parking lot would have clear signage indicating the need to take care when crossing the crosswalk. Isherwood indicated that would be done.
The public hearing closed.
Appl 03-96P, Mannarino Builders, request for a special exception to 4.1.12 and site plan approval for a 20 unit Senior Residence Development to be known as “Eagle Run” for property located on the easterly side of Nevers Road, southerly of Wood Pond Drive, RR zone
Marvin Bellis, with Murtha & Cullina, reviewed the application with the Commission requesting a special exception for a Senior Residence Development.
Lipe reviewed the Planning comments that have been addressed by the applicant:
Applicant has added the impervious coverage
Applicant has revised the buffer and side yard lines; however the applicant has incorrectly shown the buffer and side yard lines along the northerly and half of the easterly boundary. The regulations require a 25 buffer area and a 10-side yard.
Is the applicant requesting the area to be combined in those areas?
The Town attorney has indicated that he has contacted an appraiser for the easements and does not foresee and difficulty in the Town granting the easements.
He has requested that, if this application is approved by the PZC, a condition be placed requiring the applicant work with the Town, and follow the necessary steps for the easement to be granted by the Town.
Bellis added additional changes to the site included the following:
The change from the fence to the stone wall along the frontage of the property
The driveways to be combined at the cul-de-sac
The sidewalk along a portion of the roadway has been added
Applied for permission to make a modification to the drainage from the pond to allow water to flow more freely from the pond to address concerns from the previous public hearing. IWA/CC approved the request and will be supervised by Town Staff.
Skip Alford, Alford Associates, reviewed the detention basin and the water concerns of the neighbors adjacent to the site.
Doolittle reviwed theoutstanding Engineering comments:
The Top of Frame elevation of the detention basin outlet structure needs to be lowered to about elevation 180.9 so it takes water during the 100 year and possibly 50 year storms.
Change the inlet orifice to the detention basin outlet structure so it is smaller (15” was previously discussed with the Engineer) to increase the detention for 2 and 10 year storms.
The low maintenance grass seed mixture shown on the plans for the slopes needs to be reviewed and approved by Town Staff. Staff have recommended that these slopes be planted with a low maintenance ground cover such as Crown Vetch or Flat Pea.
Two additional catch basins should be placed in the cul-de-sac to aid in drainage. The applicant needs to include a gutter flow analysis or otherwise show they are not necessary to the satisfaction of the Town Engineer if these additional catch basins are not part of the final plans.
Public participation is as follows:
Robert Vetere, 49 Wood Pond Road, spoke with the applicant and town engineer and feels the area will improve but has some concerns with north of the property and would like to know that the culverts will be maintained to keep the flow of water moving
Ronald Giroux, 70 Wood Pond Road, abuts the development and feels there should be a sufficient buffer.
Scott Hubbard, 39 Wood Pond Road, has concerns with the maintenance of the drainage in the future.
The Commission comments and concerns were as follows:
Drainage documents are public record should there be any problems with drainage in the future.
Public Works department will schedule to clean out the culvert
Recommendation of seeding the detention basin design to lessen the siltation
The removal of the siltation should be in July when the water will be less
The erosion and sediment control measures should be put into place to avoid additional siltation
The public hearing closed
Appl 04-06, Joseph Lane Estates, request for a subdivision of 10+ acres to create 15 building lots located on the westerly side of Nevers Road, and the extension of the southerly end of Joseph Lane, A-20 zone
Marvin Bellis presented the application to the Commission indicating the subdivision meets all of the requirements within the A-20 zone.
Wilson Alford, Alford Associates, Inc., gave an overview of the site. The proposal of development was described as follows:
Fifteen lots are being proposed
Three of the lots will be along Never Road with 12 lots on the extended Joseph Lane
Joseph Lane would extend to an extendable cul-de-sac
City sewer and city water will service the site
Drainage issues and the detention basin were reviewed
Lipe reviewed the Planning report:
Request for approval of a subdivision to create 15 new lots located on the westerly side of Nevers Road, across from Wood Pond Drive, A-20 zone. The site size is approximately 9.44 acres.
There is an existing house that will remain with frontage on Nevers Road. There are three ltos that will have frontage on Nevers Road and 12 lots that will be on the extension of Joseph Lane.
Minimum lot size required in the 20,000 sq ft, subdivision lots range in size from 22,000 sf to 42,307 sf.
This subdivision falls under the regulation which requires the setting aside of open space because the applicant is creating more than 6 lots, a fee in lieu of, or a combination of both. The applicant has chosen to submit a fee in lieu of open space. The applicant has provided an appraisal of the property which has been reviewed by the Town Assessor. A fee in the amount of $ is recommended. After the fee has been established, the fee will be collected on a lot-by-lot basis at lot closing and money will be places in a fund which is to be used for the purposes of preserving open space or acquiring additional land for open space, recreation or agricultural purposes.
There are is no regulated wetlands and 100 year floodplain on the parcel. The applicant received IWA/CC approval on 3/3/04, with the requirement of a Bonds: 5,000 E&S;15,000 Storm Structure; an easement placed on the detention basin should insure that no alteration of the structure or deposition or material should occur that would diminish the function of the basin. Also, the final elevations and removal of material from the watercourse must meet the approval of the Town Engineer.
The applicant is proposing two driveway curb cuts on to Nevers Road to service the three frontage lots proposed. The applicant is proposing a shared driveway for the two most southern lots. There are no sidewalks shown in front of these lots; and there are no sidewalks in the area. There is a sidewalk shown on both side of the road along the extension of Joseph Lane.
The site will be serviced by public water and sewers. WPCA approval is required.
Town staff acknowledge that Nevers Road is an older street that does not have an established street line. The applicant is establishing a street line with this application.
The applicant has provided the required street tree easement and is proposing to plant 20 red maples. Karl Reichle, Tree Warden has reviewed the plans and submitted a memo to the Commission that was read into the record (Exhibit D).
If this application is approved, the planning department has no further modifications to request.
Doolittle reviewed the Engineering report:
The slopes around the houses should be less than 4H:1V so they can be used and maintained as lawn area.
Extend the sidewalks around both sides of the proposed cul-de-sac on Joseph so they connect.
Move the main drainage pipe (from CB4 to CB1) to the west side of the road so the yard drains on this side can discharge directly into CB’s or the drain pipe. This will eliminate the long collector drains along the road that would have to be privately maintained.
Two additional catch basins are required in the cul-de-sac. These should be placed at the tangent of the reverse curves going into the cul-de-sac as shown on the plans, (just up hill of the driveways for lots 6 and 7).
The drainage easement between lots 13 and 14 is too close to the houses. It will be very difficult to maintain this pipe and access the detention basin without impacting the houses where they are shown. These houses each need to be located at least 10 feet away from the drainage easement or this easement should be 30 feet wide. If the drainage easement is kept at 20 feet a note needs to be included on the plot plan and building plan that no structure or portion thereof shall be lcoated within 10 feet of this easement. The pipe needs to be centered in the easement by the road.
Show a standard 10 foot wide Town Gravel Access Road (4” topsoil over 8” gravel over filter fabric) from the paved roads to the detention basin within both the easement area to the inlet and outlet structure. Include a note on the plot plan and building plan that there shall not be any utility structures (other than for stormwater drainage), driveways, structures, fences, or trees, within the drainage easements.
Increase the size of the level spreader across the road to about 50 feet long to better disperse the flow from this development.
A gutter flow analysis and headwater analysis need to be completed and submitted as part of the drainage report for this subdivision.
The developer has agreed to clean-out the outlet channel from the north end of the pond to the culverts crossing Riverside Drive. This will maintain the flow from the pond and may increase the outlet flow. It may also lower the water level in the pond a few inches depending on the groundwater flow in the area. The details of this plan need to be finalized between the developer and the Town Engineer and Environmental Planner in the spring or summer of this year. The Town requests that the developer clean the outlet channel during the first low flow period after construction begins on either Joseph Lane Estates or Eagle Run SRD.
Add a note specifying galvanized frames and grates for the catch basins and detention basin outlet structure top grate and trash rack.
On Sheet 8, notes 14 and 30 appear to be the same. One can be deleted.
WPCA review and approval is required for this site.
The public participation was as follows:
David Morison, 67 Joseph Lane expressed his concerns regarding the impact on the character of the neighborhood. The new homes proposed are dramatically larger than the current ranch style 1960 homes with a square footage of 1,800.
The Commission had the following questions/concerns:
Commissioner Bazzano felt the development is too dense and may not agree with the fee in lieu of open space.
Commissioner McCann had some drainage concerns on the property and indicated that this may not be an appropriate subdivision for fee in lieu of. Alford indicated the maintenance of the culvert would keep the water movement on the site.
There was a discussion of the water flow on the site and the possibility of an open space plan.
Commissioner Choate inquired to Lipe if this application is a good candidate for open space and how many lots would be lost. Lipe responded the applicant would propose an open space plan and it would go before the Open Space Task Force. Alford responded approximately one lot.
Commissioner Choate inquired if a buffer could be preserved between the subdivision and the adjacent homes. Alford indicated there could be possibly a ten-foot buffer.
Chairman Wentzell recommended the sidewalks to continue around the cul-de-sac.
The public hearing closed.
REGULAR MEETING – MADDEN ROOM
CALL TO ORDER:
Chairman Wentzell called the regular meeting to order.
PUBLIC PARTICIPATION:
Tim Wentzell spoke under public participation indicating he would like the Commission to rescind their decision for Appl 04-01. He would like to submit another application.
Motion to rearrange the agenda items to allow item numbers 2 and 3 to be heard first was made by Commissioner McCann. Seconded by Commissioner Kennedy. The motion carried and the vote was unanimous.
NEW BUSINESS:
Discussion/Decision/Action regarding the following:
Appl 04-09P, Vigurs Major Home Occupation renewal for a hair salon, d/b/a Your Hair, 643 Pleasant Valley Rd., A-20 zone
Motion to approve with modifications was made by Commissioner McCann.
The business must be operated by the homeowner.
The permit will expire on 3/9/09 and will have to be renewed at that time.
Only one non-resident employee can be hired.
Refuse from the business cannot be disposed of with residential refuse. Adequate arrangements must be made for business refuse disposal.
Parking for the business is to be situated in the rear of the property designated as “Proposed Parking B” as shown on plans submitted. No parking spaces to be constructed and no parking is allowed in the area shown “Proposed Parking A”.
Signage cannot exceed 2 sq. ft.
Seconded by Commissioner Kennedy. The motion carried and the vote was unanimous.
04-11P, Russo In-Law Apartment, request for a 5-year in law apartment permit for property located at 42 Vintage Lane, RR zone
Motion to approve with modifications was made by Commissioner Choate.
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 March 9, 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. The motion carried and the vote was unanimous.
ITEM: MEETING EXTENSION
Motion to extend the meeting beyond 10:00 p.m. was made by Commissioner Larsen.
Seconded by Commissioner Pacekonis. The motion carried and the vote was unanimous.
Appl 03-92P, Podunk Farm Parking Lot, request for site plan reapproval for a parking lot with 75 spaces to service the Mill on the River on property located at 989 Ellington Road, A-20 zone
There was a discussion of the Commission regarding the in pavement lighting.
Motion to waive Section 13.2.f for the parking lot that requires crossing a roadway was made by Commissioner Choate. Seconded by Commissioner Pacekonis. The motion carried and the vote was unanimous.
Motion to approve Appl 03-92P with modifications was made by Commissioner Choate.
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 $5,000.00
An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.10 of the Zoning Regulations.
A landscape bond in the amount of $ 2,000 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.
In pavement lighting, including push button and automated device detection (motion sensor) is required to be installed by the applicant with the cost of the devices, installation and maintenance to be the responsibility of the owners of the Mill on the River.
Appropriate signs to alert pedestrians to the crosswalk operation shall be installed, location to be approved by Town Staff.
Appropriate sings for vehicles shall be placed on the roadway to alert drivers of the low to stop for pedestrians in upcoming crosswalk, locations to be approved by Town Staff.
Waiver to Section 13.2f for the parking lot that requires crossing a roadway.
Lighting plan of existing parking lot to be submitted and approved by Town Staff.
Seconded by Commissioner Pacekonis.
Motion to amend to requiring motion sensor activation of the in pavement lighting was made by Commission Larsen. Seconded by Commissioner Slicer. The motion carried and the vote was as follows: 5:2, Larsen, McCann, Slicer, Pacekonis, Wenztell, aye; Kennedy, Choate, nay
The amended motion was call. The motion carried and the vote was unanimous.
BONDS: Callings/Reductions/Settings
Appl 99-68P, Unitex Site
Motion to release the landscaping bond in the amount of $1,000.00 was made by Commissioner Kennedy. Seconded by Commissioner Pacekonis. The motion carried and the vote was unanimous.
Appl 97-88P, Chase Orchards
Motion to deny request for reduction of maintenance level bond was made by Commissioner Kennedy. Seconded by Commissioner Larsen. The motion carried and the vote was unanimous.
APPLICATIONS TO BE OFFICIALLY RECEIVED:
Appl 04-10P, Quarry Brook SRD, request for a special exception to 4.1.12 and site plan approval for a 6 unit Senior Residence Development for property located on the northerly side of Pleasant Valley Road, westerly of Clark Street, RR zone
04-11P, Russo In-Law Apartment, request for a 5-year in law apartment permit for property located at 42 Vintage Lane, RR zone
Appl 04-13P, Hudson Baylor Corporation, request for a site plan modification for property located at 300 Rye Street, I zone
Appl 04-14P, Rosa In-Law Apartment, request for a 5-year in law apartment for property located at 26 Castlewood Drive, AA-30 zone
Appl 04-15P, A & S Boats, request for a two year temporary and conditional permit for boat display areas on property located at 713 and 735 John Fitch Boulevard, GC zone
Appl 04-16P, Tom Young, request for a two year temporary and conditional permit for outdoor storage of engineered wood building products on property located at 317 Chapel Road, I-291 CD zone
CORRESPONDENCE/REPORTS:
A letter from Tim Wentzell was submitted to the Commission for consideration to rescind the Commissions approval for Appl 04-01P.
Commissioner McCann made a motion to reconsider the action for Appl 04-01P, Wentzell Amendment. Seconded by Commissioner Kennedy. The motion carried and the vote was unanimous.
Motion to waive the application fee to resubmit an application was made by Commissioner Kennedy. Seconded by Commissioner Pacekonis. The motion carried and the vote was unanimous.
ITEM: ADJOURNMENT:
Motion to adjourn at 10:45 p.m. was made by Commissioner Pacekonis. Seconded by Commissioner Kennedy. The motion carried and the vote was unanimous.
Respectfully submitted,
___________________________
Kelli Koehler
Recording Secretary
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