hMEMBERS PRESENT: Timothy Wentzell, Kevin McCann, Sue Larsen, Patrick Kennedy, Bart Pacekonis, and Cliff Slicer
ALTERNATES PRESENT: Gary Bazzano
STAFF PRESENT: Marcia Banach, Assistant Director of Planning
Jeff Doolittle, Town Engineer
PUBLIC HEARING – COUNCIL CHAMBERS – 7:30 P.M.
Chairman Wentzell opened the public hearing at 7:30 p.m. Commissioner Larsen read the legal notice as published in the Journal Inquirer.
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
Elizabeth Rosa was presented and reviewed the application for an in law apartment for her parents.
Marcia Banach read the Planning Report:
Request for a permit for an in-law apartment at 26 Castlewood Drive, AA-30 zone.
The 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 has provided a plot plan of the property as well as a floor plan of the in-law apartment and architectural elevations. The apartment will be a one-story addition. This in-law apartment is 895 square feet (the house is currently 4,299 sf- approx. 17% of the total gross floor area.) It appears that all other 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.
The public hearing closed.
REGULAR MEETING – MADDEN ROOM
ITEM: CALL TO ORDER:
Chairman Wentzell called the regular meeting to order.
ITEM: PUBLIC PARTICIPATION:
There was no public participation for items not on the agenda.
ITEM: NEW BUSINESS:
Discussion/Decision/Action regarding the following:
Appl 03-28P, Poag & McEwen-Connecticut, LLC, The Shops at Evergreen Walk, review of the architectural elevations for building 500C
Frank Hubeny, with FLB Architecture and Planning, and Leonard Getz, with Elkus Manfredi Architects, gave an overview of the 500C building elevations for The Shops at Evergreen Walk.
The Commission addressed the following concerns with the elevations:
Not looking for the prototypical architecture of the building or a big box style
More attention needs to be paid especially to stand alone buildings
Attention to the back and side of the building with architectural features and landscaping
Addressed the metal awning and suggested an awning that reflects the awning styles throughout Evergreen Walk
It was the consensus of the Commission to have the applicant return with a revised plan addressing the concerns of the Commission at the April 13, 2004 meeting.
Appl 99-25P, Topstone Golf Course – expansion of liquor permit
Marianne Lassman Fisher proposed to the Commission extending the Patio Liquor Permit at the Three Seasons Café to include the entire golf course area. This would allow beer to be taken in the golf carts throughout the entire golf course area.
Motion to authorize the Zoning Enforcement Officer to sign the liquor permit to include the entire golf course area was made by Commissioner Kennedy. Seconded by Commissioner Larsen. The motion carried and the vote was unanimous.
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
Motion to approve with modifications 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 3/16/2009, 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.
The building footprint must not exceed 15% of the lot area, in accordance with Section 10.2 of the zoning regulations.
Seconded by Commissioner Larsen. The motion carried and the vote was unanimous.
Discussion regarding Waybest County Distributor, Inc. expanded use
Alan Gordon, Waybest Foods, presented to the Commission the proposal to install a hot dog machine. The Health Department requirements have been met. It was the consensus of the Commission to grant the installation of the hot dog machine.
Appl 04-04P, Metro Realty Group Resubdivision request for resubdivision of 3.7+ acres to create 3 new lots for property located on the northerly side of Deming Street, easterly of Buckland Road and westerly side of Grandview Terrace, AA-30 zone
Motion to approve with modifications was made by Commissioner Pacekonis.
This approval is for 3 lots, numbered 1-3.
Concrete sidewalks, built to Town specifications, shall be installed on Deming Street along the property frontage.
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.
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 $150 ($50 per lot) shall be submitted to this Commission.
The Town Engineer’s review comments dated March 21, 2004, must be addressed to the Town Engineer’s satisfaction. The property line between N/F Bassos and the Town of South Windsor must be shown on the plan.
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.
The applicant will jointly share with the Town of South Windsor the cost of widening Deming Street and will contribute $3,500.00 to the widening projects.
In the event a driveway is proposed for lot 1 off of Deming Street that applicant must return to the Planning & Zoning Commission for location approval.
Seconded by Commissioner Slicer. The motion carried and the vote was unanimous.
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
Commissioner Pacekonis disqualified himself from this application. The Commission had a discussion regarding the application. The Commission discussed the drainage on the site.
Motion to approve with modifications was made by Commissioner Kennedy.
Prior to commencement of any site work, a meeting must be held with Town Staff.
No building permit will be issued until the final mylars have been filed in the Town Clerk's office.
This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission, including a bond in the amount of $20,000 to ensure compliance with the Erosion and Sedimentation control measures and $10,000 to ensure establishment of the biofiltration system. Erosion & sediment control bonds must be posted prior to commencing any site work.
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 $10,000.00 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.
WPCA approval is required. A hold harmless agreement and permission to enter form will need to be provided to the Town to allow the refuse & recycling vehicles to enter the site.
The street number(s) must be included on the final plan.
A waiver is granted to allow the buffer to be coterminous with the yard setback along the northern boundary and the northeastern boundary as shown on plans submitted.
The applicant must obtain the permanent easements for the sewer and storm drainage on Town-owned property.
Additional evergreen screening must be added along the northern property boundary in the area of the existing homes along Wood Pond Drive to the satisfaction of Town Staff.
Engineering comments dated 3/23/04 must be addressed to the satisfaction of the Town Engineer.
Sidewalks are required on both sides of the new street and along the property’s entire Nevers Road frontage.
Show existing vegetation to remain along Nevers Road frontage.
Seconded by Commissioner Slicer.
Chairman McCann expressed some concerns regarding the drainage in the area, but was satisfied with the report from the Engineering Department that the drainage is adequate for this development and that the cleaning out of the pond will be an improvement to the drainage in the area.
The motion carried and the vote was unanimous.
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
Commissioner Pacekonis disqualified himself from this application. Banach review the application the subdivision open space regulations. A discussion of the Commission ensued regarding the open space requirements and the fee-in-lieu of.
Motion to approve with modifications was made by Commissioner Kennedy.
This approval is for 15 lots, numbered 1-15.
Concrete sidewalks, built to Town specifications, shall be installed on both sides of all new streets.
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 company.
Street lighting shall be installed on streets, at intersections, and on cul-de-sacs in accordance with the policy established by the Chief of Police. Street lighting is to be coordinated with the Chief of Police (copy enclosed).
Street names and locations of fire hydrants are subject to the approval of the Fire Marshal of the Town of South Windsor. Street names and supporting posts shall be installed by the developer in conformance with the standards of the Town of South Windsor, at no expense to the Town.
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, including a bond in the amount of $ 5,000 for the erosion and sedimentation controls and $15,000 for storm water structures.
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. The applicant is required to plant (10) Acer Rubrum ‘Franksred’ (red maples) and (10) Quercus Rubra ‘Borealis’ (red oaks).
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.
In accordance with Section 5.C.1.c of the subdivision regulations, a fee in lieu of open space is required. The fee will be ten percent of the fair market value of the property prior to subdivision approval. This fee is payable on a per-lot basis, at the time of initial conveyance of each lot. The applicant must provide, with the Commission’s agreement, an appraiser to determine the fair market value.
A drainage assessment fee in the amount of $750.00 shall be submitted to this Commission.
The Town Engineer’s review comments dated 3/23/04 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 Slicer.
Chairman Wentzell commented he is hesitant and feels the $20,000.00 fee in lieu of open space as opposed to two acres doesn’t make sense.
Commissioner McCann comments this subdivision is more suited as a conventional subdivision.
The fee in lieu of presents insufficient compensation to the town in order to allow the additional building. The open space along Never Road adjacent to the existing open space across the street would be more appropriate in this instance.
The motion failed and the vote was 2:4, Kennedy, Slicer, aye; McCann, Larsen, Bazzano, Wentzell, nay
Motion to approve with modifications was made by Commissioner McCann.
This approval is for 12 lots, numbered 1-12.
Concrete sidewalks, built to Town specifications, shall be installed on both sides of all new streets, including the cul-de-sac.
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 company.
Street lighting shall be installed on streets, at intersections, and on cul-de-sacs in accordance with the policy established by the Chief of Police. Street lighting is to be coordinated with the Chief of Police (copy enclosed).
Street names and locations of fire hydrants are subject to the approval of the Fire Marshal of the Town of South Windsor. Street names and supporting posts shall be installed by the developer in conformance with the standards of the Town of South Windsor, at no expense to the Town.
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, including a bond in the amount of $ 5,000 for the erosion and sedimentation controls and $15,000 for storm water structures.
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. The applicant is required to plant (10) Acer Rubrum ‘Franksred’ (red maples) and (10) Quercus Rubra ‘Borealis’ (red oaks).
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 $750.00 shall be submitted to this Commission.
The Town Engineer’s review comments dated 3/23/04 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.
The Subdivision must be modified to provide 20% of the land as open space. The open space is to be on the entire frontage of Nevers Road.
Seconded by Commissioner Larsen. The motion carried and the vote was 5:1, Kennedy, McCann, Larsen, Bazzano, Wentzell, aye; Slicer, nay
Appl 04-13P, Hudson Baylor Corporation, request for a site plan modification for property located at 300 Rye Street, I zone
Judy Schuler, Design Professional, Inc., presented the application to the Commission and gave an over of the site indicating the modifications to the relocation of the entrance drive, parking lot modification, and to allow the addition of a rail spur.
Banach read the Planning Report:
Request for site plan modification to add a rail spur and a small amount of new pavement at Hudson Baylor, 300 Rye Street, I Zone. This site plan was previously approved for beverage container recycling in May 2003; Hudson Baylor has not begun operations at the site as yet. Maximum impervious coverage allowed is 65%, 28%, proposed with original approval.
2. There will be a new conveyor in the rear of the building to bring material from the rail siding into the building. No new outdoor storage is proposed as a result of the rail spur.
3. There are no implications to the existing buffer along Troy Road as result of the modifications.
There are no regulated wetlands in the vicinity of the modifications, and the applicant is disturbing less than ½ acre, so IWA/CC approval is not required.
If this application is approved, the Planning Department requests that the impervious coverage calculation be revised to reflect the added impervious surface.
Jeff Doolittle indicated he would need to verify the sizing of the vortechnic unit.
Commissioner Larsen inquired if there would be a noise factor from the overhead doors. The applicant indicated there should be no additional noise from the overhead doors. Richard Boston, Design Professionals, Inc. indicated the doors would be opened only once a week.
Motion to approve with modifications was made by Commissioner McCann.
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.
An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.11 of the Zoning Regulations.
All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
The land between the property boundaries and Rye Street/Troy Road to be quit-claimed to the Town of South Windsor.
Seconded by Commissioner Larsen. The motion carried and the vote was unanimous.
ITEM: OLD BUSINESS:
Appl 99-60P Rockville Bank
Chairman Wentzell indicated Commissioner Choate is reviewing the sidewalk connectivity between Tolland Bank and Rockville Bank and the sidewalk plan at the center of town. Commissioner Larsen and Commissioner Pacekonis indicated they would review this issue the Commissioner Choate.
ITEM: APPLICATIONS TO BE OFFICIALLY RECEIVED:
Appl 04-18P, Bolstridge Accessory Apartment, request for a special exception to Article 4.7.1 to create an accessory apartment at 106 Pierce Road, RR zone
Appl 04-01P, Timothy H. Wentzell, request for an amendment to Section 4.6.c.2 of the zoning regulations to allow interior lots with A-20 zoning on the frontage portion of the property when certain criteria are met
Appl 04-21P, Electro-Methods, Inc., request for site plan modification for the construction of a 29,700 sf building located on the westerly side of Nutmeg Road North (behind existing building at 519 Nutmeg Road North), northerly of Governor’s Highway, I zone
ITEM: CORRESPONDENCE/REPORT:
David Wolff, 19 Welles Lane, presented a letter to the Commission regarding the conservation easement on the rear of his property. Welles is requesting to remove some of the trees in this area due to over crowding. Commissioner McCann and Commissioner Pacekonis will meet with Jeff Folger, Environmental Conservation Officer, to review the request and make a recommendation to the Commission.
Antoinette Rodrigues, Sweet Pea Natural Pet Foods, inquired if the Commission would allow a dog washing area for customers. The Commission suggested a Temporary and Condition Permit for this use on the site.
Commissioner Kennedy indicated in the Zoning Regulations, a public hearing for sign regulations should be held every four years. It was indicated by the Commission this would be placed on future agenda.
ITEM: ADJOURNMENT:
Motion to adjourn at 9:30 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
| 
