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PZC Minutes 8-10-04
MEMBERS PRESENT:        Timothy Wentzell, Kevin McCann, Sue Larsen, Patrick Kennedy, Cliff Slicer, Suzanne Choate

ALTERNATES PRESENT: Michael Sullivan
                                 Marc Finer
                                 Gary Bazzano

STAFF PRESENT:          Marcia Banach, Director of Planning
                                Jeffrey Doolittle, Town Engineer

REGULAR MEETING MADDEN ROOM 7:30 P.M.

Appl 04-44P, Collins, Frances Estate, request for a resubdivsion of 63 +/-acres to create a 4 acre lot on property located at 1105 Strong Road, RR zone

Motion to approve with modifications was made by Commissioner Choate, seconded by Commissioner Kennedy.

There was a discussion regarding the cross travel easement and the access to the site.  Commissioner Choate amended the motion to eliminate the cross travel easement approval condition.

This approval is for 1 lot, numbered 1.
Drainage and construction for this subdivision is subject to the approval of the Town Engineer.
Water shall be supplied to this subdivision by well.
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.
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 July 9, 2004 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.
In accordance with the requirements of Section 4.C.3.a(6)of the subdivision regulations, a street line must be established along the entire frontage of property owned by the applicant (including Lot 1).
The motion carried and the vote was unanimous.

Appl 04-45P, Kasheta Farms, request for a site plan modification for a 3,200 sf addition for property located at 1275 & 1281 John Fitch Boulevard, I zone

Peter DeMallie presented the application to the Commission requesting a site plan modification for an additional building on the site.  There was no public participation.

Banach review the Planning report:

Request for site plan approval to construct a 3300 sq ft garage addition to an existing garage at 1281 John Fitch Blvd, I zone. Maximum impervious coverage allowed is 65%. Existing impervious coverage is 65%, 65% allowed.  Proposed building height is 20 feet; 40 feet allowed.  Lot size is 2.4 acres; minimum lot size allowed is ½ acre. Frontage is 210 feet; minimum required is 100 feet. Front yard setback is 42 feet, 35 feet required.

2.      The site currently supports both Kasheta Power Equipment and (garage name), which performs emissions testing in addition to their auto repair work. A variance was granted by ZBA to allow the proposed addition to be constructed 3 feet from the side property line.

There is a substantial amount of outdoor storage and display. The parking areas in the front and on the north sides of the main building are primarily occupied with power equipment.

The storage yard in the rear includes numerous stockpiles of materials as well as used equipment such as lawn mowers. There are a few large construction vehicles, and the northwest corner of the site has large piles of yard debris. Some of the display area is in the State right-of-way for Route 5; appropriate permission from DOT should be obtained for use of their right-of-way.

The substantial amount of outdoor display results in about 10 total parking spaces available for motor vehicles. This is not necessarily an issue if the remaining parking is not needed, as there is plenty of room on the site for additional parking if it is ever needed.

The garage addition should not be visible from Route 5. Architecture, landscaping. Architectural and Design Review Committee reviewed this application on July 15 and had no comments.

There does not appear to be any new site lighting proposed.

There are no regulated wetlands on this site. Conservation plan approval is not required.

Public water and public sewer are available to serve the addition. Water Pollution Control Authority approval is required.

There is an existing dumpsters. It will be placed on a concrete pad and screened.

If this application is approved, there are no Planning Dept. requested approval modifications.

There were no Engineering comments.  There was no public participation.  The Commission had no questions.

Motion to approve with modifications was made by Commissioner Kennedy.  Seconded by Commissioner McCann.  The motion carried and the vote was unanimous.

PUBLIC HEARING – COUNCIL CHAMBERS – 8:00 P.M.

Chairman Wentzell opened the public hearing at 8:00 p.m.  Commissioner Larsen read the legal noticed as published in the Journal Inquirer.

Appl 04-37P, Visions Salon and Spa Corporation, request for site plan approval for a 9,000 square foot retail facility to be known as “Vision Salon and Spa” on property located on the westerly side of Buckland Road, southerly of Deming Street, GD zone

Peter DeMallie, Design Professionals, Inc., continued the public hearing from July 6, 2004 and addressed the access issues and architectural design concerns the Commission expressed at the previous hearing.

Banach indicated Planning had no additional comments.  Doolittle reviewed the Engineering report:

There is a note on the plans about a new 2” water tap and service by water company.  This should be installed prior to the completion of the widening and median construction on Buckland Road to minimize disturbance of the road.

The existing water service should be abandoned off the pavement so the new pavement is not disturbed.  

These plans do not agree with the Buckland Road widening plans.  They show an 8 foot wide median island and the water main about 5 feet to the east of this median.  Check this and correct the Visions plans as necessary.  

Check the invert elevation shown for CB 2.

The Layout Plan includes a note that proposed sidewalk along Buckland Road to be by Poag & McEwen.  The sidewalk in front of this property needs to be completed before a certificate of occupancy can be issued for the new building.  

The perforated pipe by the infiltration basin is 6” on the plan but 4” on the details on sheet 12.  Correct the pipe size and location on the details.  

The drainage report needs to be revised to show the pre and post development runoff from the 2, 10, 25, 50, and 100-year storms.  There needs to be detention and water quality treatment measures for the stormwater from this property.  If the stormwater is discharging through an adjacent developed site it must be shown that the stormwater facilities are sized to handle and treat stormwater from this property.  

Street Excavation Permits must be taken out for each lot by the contractor before the installation of the driveways and water services.  
        
An application must be made to the WPCA for the Sanitary Sewer connections for this site.

There was no public participation for this application.

Commissioner Larsen read a letter into the record from Michele Carlson, P.E., regarding Detention Basin No.4 (Exhibit A).

Barry Guliano, Town Attorney, indicated to Chairman Wentzell there is a petition to intervene from Updike, Kelley, and Spellacy on Appl 04-37P, Visions Salon and Spa, that will need to be addressed.

Attorney Kevin Rennie, representing the applicant indicated he was not aware of the status of the petition.  Rennie stated they have met with the intervenor to discuss the pending issues.

Attorney Mark Zimmerman, with Updike, Kelley, and Spellacy, requested a moment to consult their counsel regarding the petition to intervene.

Dennis Lowry, ENSR, submitted a letter to the Wetlands Commission regarding the concerns of the storm water being accommodated by the detention basin.  Lowry indicated the memo read into the record from Michele Carlson, Fuss & O’Neill seemed to satisfy the outstanding issues.

Attorney Mark Zimmerman stated the Petition to Intervene on Appl 04-37P, Visions Salon and Spa, was being withdrawn.

The Commission indicated they are pleased with the change in the material for the exterior of the building from a metal panel to a crushed glass composite material.

Karen Isherwood, Design Professionals, Inc., addressed the concerns of the sidewalk connectivity and green space around the building indicating the parking lot could be shifted to the west allowing green space adjacent to the building with a walkway across the front of the building.

The public hearing closed.

Appl 04-43P, Evergreen Walk Earth Filling Permit, request for site plan approval for earth filling to create a building pad for PUD unit #10 at 151 Buckland Road, GD zone

Alan Lamson, FLB Architecture and Planning, presented the application to the Commission requesting approval to regrade to create a building pad .

Jay Giles, Senior consultant with Fuss & O’Neill, indicated the erosion and sediment controls will be in place.  There is an existing underground pipe on the property that will be utilized and refurbished.

Banach reviewed the Planning report:

Request for filling and regarding approval under Section 15 of the zoning regulations to being preparing the building pad for LA Fitness at 151 Buckland Road, GD Zone.  The purpose of a land filling permit is to conserve and preserve water storage areas by helping to maintain groundwater levels and stream flow, to secure safety from flood dangers, and to control any fill operations that may create safety or health hazards tot he public or adjacent property owners.  A land-filling permit may be issued by the Commission for period not to exceed one year.

This application is for a parcel of land for which a site plan application is concurrently pending for LA Fitness.

The land-filling regulations require that the plan provide for proper drainage during and after completion; and that no bank exceed a slope of 2:1.  The Commission may require safety measures to protect vehicular and pedestrian traffic, such as pavement of access roads to reduce dust and relieve traffic problems.  This permit is likely to be of very short duration, however, as site plan approval for the building will supersede this filling permit.

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

Doolittle reviewed the Engineering comments:

Relocate the anti tracking pad and access drive to the south where there is a curb cut and paved apron for the new driveway (Cedar Avenue).

2.      Show a location for a topsoil stockpile.  This will have to be seeded and surrounded by silt fence and/or hay bales to stabilize it and prevent erosion.  
Show a location for stockpiling any excess or unsuitable subsoil excavated from this site.

4.      The new storm drain pipe to replace the existing pipe running east to west across this site must be 24” diameter.  Install MH 27 (as shown on the LA Fitness site plan) and make the final connection between the new 24” pipe and the existing drain pipe at MH 27.  This will eliminate the need for the temporary connection shown (with no detail).

Extend the silt fence around the south west corner of the site and about 70 feet to the east to contour elevation 138.  

Show silt fence or some other containment around the temporary settling basins.  How and to where will clean water discharge from these basins?  

Revise the Storm Trench Detail to agree with the TOSW standard detail as follows:  Add a note; Backfill to the spring line of the pipe with ¾” stone when using polyethylene or CPP pipe.  Also add a note that the backfill 12” above the pipe be sand bedding or suitable native material with no stone larger than 2”.  

There was no public participation for this application and the public hearing closed.

There was a five-minute recess.

Motion to rearrange the agenda and open the continuation of the Regular Meeting was made by Commissioner McCann.  Seconded by Commissioner Larsen.  The motion carried and the vote was unanimous.

CONTINUATION OF REGULAR MEETING – COUNCIL CHAMBERS

CALL TO ORDER:

Chairman Wentzell opened the Regular Meeting.

PUBLIC PARTICIPATION:

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

NEW BUSINESS:

Discussion/Decision/Action regarding the following:

Appl 04-43P, Evergreen Walk Earth Filling Permit, request for site plan approval for earth filling to create a building pad for PUD unit #10 at 151 Buckland Road, GD zone

Motion to approve with modifications Appl 04-43P, Evergreen Walk Filling Permit was made by Commissioner McCann.

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.
The Town Engineer’s review comments dated August 9, 2004 must be addressed to the Town Engineer’s satisfaction.
Seconded by Commissioner Larsen.  The motion carried and the vote was unanimous.

APPLICATION TO BE OFFICIALLY RECEIVED:

Appl 04-50P, Dean In-Law Apartment, request for a 5-year in law apartment permit for property located at 107 Trumbull Lane, RR zone

CONTINUATION OF THE PUBLIC HEARING

Appl. 04-38P, Evergreen Walk LLC, request for site plan approval for an approximately 45,000 sq. ft. commercial building, including, parking lots, and associated site improvements to be known as "LA Fitness at Evergreen Walk" on property known as 151 Buckland Road, located on the westerly side of Buckland Road, southerly of Deming Street and northerly of Smith Street, GD zone

Alan Lamson, FLB Architecture and Planning, and his team presented the application to the Commission and gave an overview as follows:

Approximately a 45,000 square foot building to be constructed
Proposing 310 parking spaces
Appropriate storm water controls and erosion & sediment controls will be in place
Construction of the third access from Buckland Road, named Cedar Avenue
Location for identification sign would be located at L.A. Fitness at Cedar Avenue

Jay Giles, Senior Consultant with Fuss & O’Neill, Inc., reviewed the engineering aspects of the site:

Site is 5 acres in size
Reviewed the slopes and grading of the site
Providing sidewalk along Cedar Avenue
Evergreen Way will connect to Cedar Avenue in a northerly direction
Sanitary sewer will connect at Evergreen Way

Michelle Carlson from Fuss & O’Neill came before the Commission to discuss the stormwater system.  She explained that all the stormwater from the parking area and roof will be collected via pipe and catch basins with four-foot sumps.  Trap hoods will be placed on four of the catch basins along the main trunk line where stormwater will discharge into a sedimentation chamber prior to going through a swale, which is in excess of 450 feet long.  There are five rain gardens provided on this site.  A portion of an 18” pipe that runs through this site will be relocated as part of this application.  There will be less than a 1% increase in the stormwater at the Plum Gulley Brook.

Craig DeJong, BL Companies, gave an overview of the architecture of the building indicating a New England appeal.  He presented samples of the brick, stone, roofing and stucco proposed for the building.

Rosemary Aldridge, In-Site Landscaping, LLC, indicated the established landscaping plan through the Evergreen Walk project will be reflected in the landscaping plan for L.A. Fitness. Framed views of the building from Buckland Road will be present.

Scott Hesketh, F.A. Hesketh & Associates, Inc. read a letter into the record from Stephen Mitchell, Traffic Engineer with Hesketh & Associates, Inc., dated May 20, 2004 (Exhibit B).

Banach reviewed the Planning Report:

Request for site plan approval to construct a 45,000 sq ft fitness facility within the Evergreen Walk development, Buckland Gateway zone.
LA Fitness is proposed to be located just north of the one remaining signalized access to the whole Evergreen Walk development, thus necessitating construction of the third and final intersection. There is a paved apron at the new entrance; the paved apron was installed during the widening of Buckland Road that is occurring with the Shops at Evergreen Walk construction. State Traffic Commission approval for the entire Evergreen Walk development was granted previously; and the majority of the improvements included with the STC approval are being constructed as part of the Shops development.
Staff note that the location of the fitness center has shifted to the north. The approved General Plan shows the fitness center located just north of the middle entrance drive; the subject application has the fitness center located just north of the northernmost entrance drive. We have provided a copy of the approved general plan showing the original location and marked the revised location on the plan.
The plans include an interconnection between the Shops and LA Fitness. The developer has indicated that they are uncertain at this time if this connector will be temporary or permanent. In recognition of the fact that the connection may be temporary, staff recommend that the connector have final pavement placed not later than 5 years after completion; and that the final pavement course be bonded to ensure that it happens. In any event, there must be eventual permanent interconnections among the various site components. Staff also recommend that sidewalks be added to the connector, whether temporary or permanent, so that pedestrians do not have to walk in the road.
Maximum impervious coverage allowed is 60% for the entire Evergreen Walk development, which is a consolidated lot for zoning purposes. Impervious coverage of 20% is proposed, including all development approved to date. Proposed building height is 48 feet; 60 feet allowed.
Our parking requirement for recreation uses is 4 spaces per 1000 sq. ft, or 180 spaces. The applicant proposes to provide 310 spaces. The Gateway Zone requires that off-street parking shall generally be distributed around buildings, and increases the landscaping requirements for parking lots between the building and Buckland Road from 10% to 12%. Proposed parking lot landscaping exceeds the requirements, with 17% in the front parking area, and 18% in the side parking areas.
There are no loading docks.
Architectural and Design Review Committee reviewed the application on July 1 and was generally satisfied with the plan as presented. ADRC did request that the applicant add windows to the rear elevation and add pedestrian crossings to the parking lot islands. Also, ADRC requested that the landscape architect remain involved in the actual selection of plant materials when landscaping is installed. The windows were added as ADRC requested, and ADRC approved the color palette on July 15.
The same lighting fixtures used for the parking lots in the Shops at Evergreen Walk are proposed for LA Fitness, with pole heights limited to 25’ and full cutoff fixtures.
There are regulated wetlands associated with this application. IWA/CC heard the application on July 21, and has continued its hearing until September 1.
The Fire Marshal has reviewed this application and has no problem with it.
Public water and sewer are provided. Water Pollution Control Authority approval is required.
There is a dumpster shown, on a concrete pad. We will need a detail of the proposed dumpster screening.
If this application is approved, staff have no additional approval modifications to those already noted.
Doolittle review the Engineering Report:
The curbing on Cedar Avenue (main driveway) needs to be precast concrete curb in keeping with the other two driveways from Buckland Road to Evergreen Walk (Tamarak and Hemlock Avenues).

What is the KR sign at the west end of the median in the driveway?  Should there be a matching sign at the east end?

Extend the guard rail on the north side of the driveway entrance around the radius.

Where is the chain link fence proposed?  It is listed in the legend as CL?

The paved driveway section that was installed with the road widening will have to be cut back to almost the street line to be constructed according to the grading plan for this site.

Provide a gutter flow analysis to show that the catch basins in Buckland Road north of the driveway will handle the surface flow from the driveway entrance and turning lane as well as the roadway.

A catch basin needs to be installed on Buckland Road at the south side of the driveway to catch water running along the gutter before it crosses this driveway.  This will help prevent ponding and icing problems in the driveway entrance.   

Include a sidewalk ramp and short section of sidewalk on the south side of the driveway along Buckland Road.  

Show the span poles, traffic controller cabinet and other features of the traffic signal at the driveway entrance onto Buckland Road to insure they do not conflict with sidewalks, guardrails, etc.  Also show the easement for the traffic control equipment

Change the size of the pipe from the new CB in Buckland Road to MH 25, MH 26, and MH 27 from 18 inch to 24 inch so it is the same size as the pipe that crosses the road.  

Provide a gravel access road to the sedimentation chamber or move it closer to the road so it is accessible by truck for cleaning and maintenance.  

Show where the roof leaders from the proposed building discharge.

How was the 30 inch pipe sized where Evergreen Way crosses the drainage ditch?

It appears that there is a significant erosion problem in the drainage ditch to the south of the proposed outlet swale.  Mitigating measures need to be included to repair and stop this erosion at Evergreen Way and to the west.

On the Topographic Map plan sheet CG.1.6 there is a lot of conflict and overlap between the labels.  Is this sheet necessary?  If so perhaps the utility labels can be turned off.  

On the Storm Trench Detail include a note that plastic pipe is to be bedded to the spring line with ¾” stone per the Town standard detail.

There is a detail for a Sanitary Sewer Drop Manhole but it is not clear where this is proposed?

The Buckland Road Widening Section needs to include a slope of ½” /ft from the sidwalk to the curb per the Town standard

On the Evergreen Way Typical Section – B increase the pavement thickness of layer P to 2 ½  inches so it is the same as in Section – A.

The pipe report in Appendix A of the Drainage Report indicates that the pipe sizes and/or slopes need to be adjusted between CB-5 and CB-17, and between CB-11 and CB-14.  Also, the pipe crossing Evergreen Way from CB-18 to CB-17 can be reduced to 15”.

The Inlet Report in Appendix A of the Drainage Report shows 8.86 feet of ponding in the gutter at CB-15.  This is more than a half a lane width and needs to be checked.  

In Appendix E of the Drainage Report how was 16 cfs selected as the design discharge for the drainage outlet swale?  This value does not coincide with the pipe or discharge reports.

I will contact the Engineer with any other drainage questions.  

An application must be made to the WPCA for this site plan.

Chairman Wentzell stated there was a petition to intervene from Updike, Kelly, and Spellacy who represents the Pavilions at Buckland Hills.

Barry Guliano, Town Attorney, recommended the intervenor status should be addressed by the Commission before proceeding forward with the application.  Guliano gave his opinion of the petition indicating the petition could be accepted, but stated the petition should be a verified petition to intervene under the Connecticut General Statute Section 22a-19.

Attorney John Mallin objected to the intervention be granted and submitted to the Commission a packet of information regarding the intervenor filing the petition to intervene to advance their own economic interests, therefore, abusing the intervention provisions of Section 22a-19 (a copy can be found in the Planning and Zoning file Appl 04-38P, L.A. Fitness file).

Guliano stated it would be the decision of the Commission whether or not to require the intervenor to submit a new petition that indicates the information stated in the verification is in fact a sworn petition to intervene signed by Scott Miller under Section 22a-19.

Chairman Wentzell inquired if Attorney Zimmerman, with Updike, Kelly, & Spellacy, would be willing to submit an amended verified petition to intervene.

Attorney Zimmerman indicated he is not agreement but indicated a new petition would be submitted if that is what the Commission required.

Motion to accept the Petition to Intervene on Appl 04-38P, was made by Commissioner Kennedy, seconded by Commissioner Choate.

There was a discussion of the Commission and it was decided not to act on the motion until the next public hearing.  Commissioner Kennedy withdrew his motion to accept the petition to intervene. The Commission did not take action on the petition.

The Commissioner had the following questions/concerns:

Rear elevation of the building needed more detail
More detailed landscaping plan
Screening of the roof hardware
Sidewalks along Evergreen Way
Location of temporary roadway connection
Address the roadway behind the building

Motion to continue the Public Hearing to September 7, 2004 was made by Commissioner Kennedy.  Seconded by Commissioner Choate.  The motion carried and the vote was unanimous.

ADJOURNMENT:

The Public Hearing adjourned at 10:45 p.m.

Respectfully Submitted,


________________________________                        ______________________________
Kelli A. Koehler                                                Approved
Recording Secretary