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PZC Minutes 10-12-2004
MEMBERS PRESENT:        Timothy Wentzell, Kevin McCann, Patrick Kennedy, Suzanne Choate, and Bart Pacekonis

ALTERNATES PRESENT: Michael Sullivan sat for Sue Larsen
                                 Gary Bazzano sat for Cliff Slicer
                                 Marc Finer

STAFF PRESENT:          Michele Lipe, Assistant Director of Planning
                                Jeffrey Doolittle, Town Engineer

REGULAR MEETING – MADDEN ROOM 7:30 P.M.

Executive Session to discuss pending claims and litigation.

Motion to go into Executive Session at 7:35 p.m. was made by Commissioner McCann. Seconded by Commissioner Pacekonis.  The motion carried and the vote was unanimous.

Motion to come out of Executive Session at 8:05 p.m. was made by Commissioner Choate.
Seconded by Commissioner McCann.  The motion carried and the vote was unanimous.

PUBLIC HEARING – MADDEN ROOM

Chairman Wentzell opened the public hearing at 8:10 p.m.  Commissioner Sullivan read the legal notice as published in the Journal Inquirer.

PZC-sponsored amendment: Buckland Road Gateway Development zone, proposed amendments to signs, sections 17.8.5.b to modify number of signs allowed for development identification signs, and 17.8.5.c.(2) to modify location and types of signs allowed for building signage

Wentzell provided a brief overview of the amendment with the following pertinent points:

Total amount of signage and total volume will remain the same.
It allows more flexibility in using the square area of signage.
Architectural features will be allowed as part of the signage.
Signs will be allowed on mores sides of the building.
Signs will be allowed to point out building locations to pedestrians.

There was no staff report at this time.

Wentzell called for public input.

Alan Lamson, FLB Architecture, East Hartford, spoke in favor of this application. He reviewed the proposed changes indicating the following:

Unique opportunity to provide flexibility without any increase in signage.
Smaller signs will be placed on the buildings.
Smaller signs were utilized to mark the streets within the site.
Some signs will be double-faced.
Signs can work as part of the building.
Corner shops will be able to utilize signs.
Signs can be placed on canopies.
Blade signs – small signs that project off the building at right angle so pedestrians are aware of what shop they are seeking.
Names and logos only will be on the awnings of the shops to provide identification.
Medallions can be set into the architecture of the building with initials.
Choices have to be made and it’s a balancing act in what is a generous amount of signage being allowed.

Lamson referenced Section 17.8.5 c.3.2 “blade signs cannot exceed 4 square feet”.  Request was for a blade sign in the 8 or 9 square foot range (3 x 3) with the understanding that the shop owner has to balance their total of signage.

Discussion ensued among the Commission members with the following comments and concerns:

It is desired to have a 6 square feet maximum for blade signs.
Clarification of one side or both sides of blade signs.  Used strictly for pedestrians.
It is not desired to have large blade signs; uniform size is preferred.
Street name signs will be 9” x 2 or 3 feet and maintained at a height restriction.

Wentzell closed the public hearing.

Appl 04-57P, DDB Management, request for a zone change from RR to General Commercial for approximately 3.56 ac of land located on the northerly and southerly side of McGuire Road

A letter was read into the record from Attorney Hal Cummings postponing the public hearing and requesting a 65-day extension the time allowed for opening the public hearing.

There was a discussion of the Commission regarding the zone change in relation to the location of the property.  It was suggested that the Commission consider the nature of the zone change for the parcel on Route 5.  The appropriate zone change should be a larger portion to the 291 Overlay Zone.  Staff will communicate with the applicant regarding the zone change in relationship to the 291 Overlay Zone.  Additional buffering is requested and the setbacks should be larger.  This would give the Commission flexibility and control over development and buildings in that area plus the cut through of I-291.

Kennedy made a motion to allow public hearing to be postponed and granting of the 65-day extension.  Pacekonis seconded the motion.  The motion carried and the vote was unanimous.

CONTINUTION OF REGULAR MEETING – MADDEN ROOM

CALL TO ORDER:

Chairman Wentzell called the regular meeting to order.

PUBLIC PARTICIPATION:

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

NEW BUSINESS:

Discussion/Decision/Action regarding the following:

Appl 04-54P, Fusco Horses, request for approval of horses on property located at 215 Main Street,  A-40 and FP zone

Becky Fusco came before the Commission and presented the proposal for horses on property located at 215 Main Street and had the following comments:

Request for a waiver to the minimum acreage requirement – requesting to have 4 horses on 3.48 acres.
Horses will be stabled in the existing barn.
Property is fenced in and will be electrified.
Horses are for personal use – she trains and competes.
The property has a flat open field that was previously used for horses.

Lipe presented the following Planning report:

Request for approval under Section 4.1.9 to keep up to four horses on 3.84 acres located on the westerly side of Main Street, southerly of Chapel Road, A-40 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; however the Commission can waive these requirements when the site does not lend itself to strict conformance.  There are a few criteria in which the applicant is requesting a waiver.
The criteria include:
A minimum of two acres is required for the first horse and an additional acre for each additional horse. Under current regulations the applicant would be allowed two horses, she is requesting a waiver to allow four horses.
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 the southern end of the property that does not meet the 40’ setback requirement, but does meet the 100 feet from any dwelling requirement and is approximately 200 feet form the road– therefore the applicant is requesting a waiver to side setback section
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.
4.      The applicant has provided a plan, which shows the area fenced and the location of the existing barn. If the applicant decides to add a second drive on the southern end of the property, it should be subject to the review and approval of the town Engineer.
If this application is approved, the Planning Department has no modifications requested.
There were no engineering comments.

No one from the public spoke in favor of or against this application.

Discussion ensued among the Commission members with the following comments and concerns: Replies will be in Italics.

Clarification of existing barn.  The barn will be renovated for 4 stalls plus a tack room.  Outside of the barn will be weatherproofed.
Clarification of use of arena.  There is a provision in the regulation for a riding ring, fenced in area for personal use.
Waiver requirement for acreage was reviewed and waiver can be granted.

Kennedy made a motion to approve application #04-54P, Fusco Horses with the following conditions:

1.      The property must be fenced, in whole or in part, to contain the horses within the property.
2.      All parking needs must be met on site.
3.      Housing/stabling of horses is restricted to the rear yard of the premises. Use of trailers for stabling horses is not permitted. The accessory buildings used to shelter or feed the horses must be located at least 125 feet from the street, and 100 feet from any dwelling located on an adjacent property. Outside feed troughs must also meet these setback requirements.
4.      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 are required.
5.      There shall be no outside storage of feed or bedding material.
6.      The Commission grants a waiver to allow four horses and to allow the existing barn to be used for the stabling of the horses.
7.      Any new driveways must be designed by an engineer and subject to the review and approval of the Town Engineer.

Choate seconded the motion.  The motion carried and the vote was unanimous.

2.      Appl 04-49P, Mitchell Property Group LLC, request for site plan modification to expand the existing building (to include an apartment) and for storage of school buses at 38 Indent Road, I zone

Attorney Wayne Gerlt, representing the applicant, had the following comments to his presentation:

Submitted a letter from Zuvic Associates, dated October 12, 2004 regarding the posting of the signs.  (Exhibit A)
Principal use was previously a trash hauling office – trucks were approximately 40’ long – single bodied trucks; buses will be 43’ in length.
Buses will be moved from 90 Brookfield Street and operate out of 39 Ident Road.
Building will be improved and increased in size to allow 6 bays for interior parking and repairs.  
4 bays will be used by Laidlaw and the other 2 bays will be used by additional tenants (not known at this time but the Commission will be apprised as soon as the applicant knows.
Additional parking is provided for the additional tenants for an industrial use.
This is a permitted use under Section 6.1.27 with consideration of Section 6.1.3 and Section 6.1.5.
The use is appropriate, all criteria has been met, i.e. there are no adverse traffic impacts created; there are no impacts on property values; land is physically suited for the proposed use; there are no environmental impacts created; balance is the need for school buses; utilities and drainage system is more than adequate; development is compatible with what’s in the area.
The proposal meets all performance standards.

Tomek Grajewski, P.E. and representing the applicant had the following comments to his presentation:

Reviewed the environmental clean up of the site and the planting of 84 trees along the property line.
The existing layout will be maintained as it was approved for Tobacco Valley Sanitation.
It is proposed to increase the building from 59’ in width to 100’ in width – maintaining the 109’ length.
Existing storage trailers will be removed.
Site is flat and ground water is high – drainage improvements will be done at the intersection of Ident Road and Strong Road.
Addressed engineering concerns and traffic survey.
Improvements for flow of traffic to and from Ident Road to Strong Road were proposed.
Existing traffic is low on Ident Road.
No widening of the driveway will be necessary.
Façade of the building will match the other buildings.

David Spear, Traffic Engineer and representing the applicant had the following comments to his presentation:

Movement of the buses was reviewed.
Site lines are adequate.
Peak hours on Strong Road are 35 vehicles or less.
Peak hours at the nearest arterial intersection (Route 5 – 2 lanes north & south) is approximately1900 vehicles.
36 buses are used everyday for the South Windsor School System.
Routes of the buses were reviewed and also employee traffic.
Level of service will be at good or better.
4 intersections and 2 site drives were analyzed for this traffic study.

Lipe provided the following Planning report:

Request for site plan approval to construct an addition to an existing industrial building at 38 Ident Road, I zone. The applicant has indicated that they intend to relocate the school buses that are currently housed on Brookfield Street to this location. This site previously housed Tobacco Valley Sanitation, which operated a refuse collection and disposal business including parking of trucks and storage of dumpsters. The school bus operation is not anticipated to utilize all bays of the garage, and the applicant has indicated his intention of having an additional tenant for the property.
The addition will include a new apartment. The industrial zone regulations allow residential use when a single family dwelling or apartment is occupied by a person who is the owner, manager, caretaker or janitor of the facility.
Maximum impervious coverage allowed is 89%, per variance granted in 1995; 81% proposed. Lot size is 3 acres; minimum lot size allowed is ½ acre. Frontage is 443; minimum allowed is 100. Front yard setback is 35 feet, 35 feet allowed.
The traffic statement indicates that the school bus operation will not significantly impact traffic operations on the surrounding roadway network.
Our parking requirement for the site as proposed is 45 spaces; 45 existing spaces have been provided.  The garage will have six large bays, with overhead doors on each side of the building for drive-through. Parking has been provided for 47 school buses and 10 additional trucks.
The site has adequate screening around the main storage area. There is a residentially zoned property to the south of this site, which triggers a buffer requirement. The residentially zoned property has a major driveway to an industrial building on an adjacent property, and this arrangement dates back at least to a building permit in 1963. The oldest site plan for the Mitchell site, a 1970 plan for Tobacco Valley Sanitation, shows a 25’ planted buffer along the residential property boundary. The buffer seems to have been lost over time. A 1983 PZC-approved site plan for the northern part of the property shows parking and storage right up to the southern property line, so the buffer seems to have disappeared between 1970 and 1983. The current plan shows a line of evergreen trees along the southern boundary that was planted this past spring, and also shows the area that should be a buffer as area to be landscaped, but is not specific about the type of landscaping. Staff recommends that the 25’ buffer be restored and planted in accordance with the provisions of Section 10.4. There appears to be no hardship effect on the site by doing so.
The ADRC reviewed the proposal on July 21. Their only comment was that the door to the apartment should be a different color than the overhead doors.
New lighting will include both pole and building lighting. All light fixtures must be full cutoff fixtures.
There are regulated wetlands on the site. IWA/CC approval is not required, as there is no disturbance near the wetlands.
Public water and sewer are provided. Water Pollution Control Authority approval is required.
There is a dumpster shown on a concrete pad and screened.
If this application is approved, the Planning Department requests an approval condition noting that the as-yet unspecified industrial use must conform with zoning regulations.

Doolittle provided the following Engineering report:

The pavement on Strong Road and Ident Road does not appear to be wide enough to allow a bus to make the turn around the corner of these two roads without crossing over into the opposing lane of traffic.  This will interfere with traffic flow and could lead to an accident.  Revise the plan to show widening of the pavement on Strong and/or Ident road to allow the busses to safely turn the corner of these two roads without crossing the centerline and interfering with opposing traffic.  
The driveway needs to be widened or made one-way circulation to accommodate the turning radius of busses.  
Check and verify the utility locations shown on the plans.  Especially the location of the water and electrical service for this site.  
WPCA review and approval is needed for this site plan.
A drain layers permit must be taken out from the Engineering Division prior to the installation of the new oil/water separator, manhole and piping for the sanitary sewer system on site.  
A street cut permit is needed for the construction of the catch basin on Strong Road.  

Doolittle noted that if this site is being used for maintenance and cleaning of buses, a registration under the DEP stormwater permit may be required and that will involve monitoring.

Discussion ensued among the Commission members with the following comments and concerns: Replies will be in Italics.

Clarification of impact to Strong Road residential traffic.  Buses do exit in a short period but are distributed within a half hour spread from beginning to end (1 a minute for the larger size bus); buses can accelerate and pull out of the intersection.  Based on commuter numbers there are approximately 130 cars in both directions (80 going towards Route 5 and 50 in the other direction).   Analysis is based on the gaps in the traffic.
Route 5 lights impact.  There will be no impact. Previously trash trucks left and entered the site.
Clarification of gravel where the buses are parked; environmental; contamination; concerns with not paving.  It would be difficult to pave it because there are low elevations between the Connecticut River and the wetlands.  If it were paved then a system for storm water collection would have to be installed which cannot be provided because the ground water is high.  From a hydraulic standpoint it would be impossible to install CB’s. There will be no impact from the school buses as there was from the trash trucks (buses are fairly new). DEP does not monitor the site.
Concern of need for a general permit for vehicle drained wastewater.
Clarification of possible conflict with a truck picking up dumpster. There is room for maneuvering.
A snow shelf will be provided for snow removal. Sufficient parking will be provided.
Clarification of the apartment.  Staff will be living there to monitor the property.

McCann made a motion to approve application #04-49P, Mitchell Property Group, LLC with the following conditions:

Prior to commencement of any site work, a meeting must be held with Town Staff.
2.      No building permit will be issued until the final mylars have been filed in the Town Clerk's office.
3.      An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.11 of the Zoning Regulations.
4.      A landscape bond in the amount of $2000 is required and must be submitted prior to filing of mylars.
5.      All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
6.      This approval does not constitute approval of the sanitary sewer, which can only be granted by the Water Pollution Control Authority.
7.      The building street number must be included on the final plan.
8.      The Planning Department must be notified of any prospective tenant(s), and the applicant must provide information required by staff to determine compliance with zoning and other Town requirements, prior to occupancy of the site by the prospective tenant.
9.      The Town Engineer’s review comments dated October 5, 2004 must be addressed to the satisfaction of the Town Engineer.
10.     The 25’ buffer on the south property boundary must be restored and brought into conformance with the requirements of Section 10.4 (Buffers) of the zoning regulations.

Kennedy seconded the motion. The motion carried and the vote was unanimous

PZC-sponsored amendment: Buckland Road Gateway Development zone, proposed amendments to signs, sections 17.8.5.b to modify number of signs allowed for development identification signs, and 17.8.5.c.(2) to modify location and types of signs allowed for building signage

Kennedy made a motion to approve the amendment with modifications that C.2.32 refer to 6 sq. ft. as the limitation on blade signs instead of 4 sq. ft.  This change is in conformance with the Town Plan of Conservation and Development and the Zoning Regulations will be effective upon publication.  Choate seconded the motion.  The motion carried and the vote was unanimous.

BONDS: Callings/Reductions/Settings

Landscaping Bond

Appl 02-01P, Between Rounds

Kennedy made a motion to release the landscaping bond in the amount of $2000.00.  Pacekonis seconded the motion.  The motion carried and the vote was unanimous.

Appl 02-47P Battiston’s Cleaners

Kennedy made a motion to release the landscaping bond in the amount of $2000.00.  Choate seconded the motion..  The motion carried and the vote was unanimous.

APPLICATION TO BE OFFICIALLY RECEIVED:

Appl 04-60P, Leonard Site Plan, request for site plan approval for the construction of a 2,955 sf bank, a 1,260 sf retail and a 1,260 restaurant on property located at 1000 Sullivan Ave., GC zone

Appl 04-62P, Wentworth Park, Request for site plan  approval for the construction of a 12 office condominiums, 3,000 sf each, (4 buildings containing 3 units each), on property located at 225 Oakland Road, RC zone

ADJOURNMENT:

Motion to adjourn at 9:45 p.m. was made by Commissioner Kennedy.  Seconded by Commissioner Choate.  The motion carried and the vote was unanimous.

                                        
Respectfully submitted,                 



______________________________                  _________________________                       
Phyllis M. Mann                                   Date Approved         
Recording Secretary