ࡱ> ` _bjbj .HWfffffffzB5B5B58z5T5|zfV6V6l6l6l6l6l6l6$Php fFl6l6FF ffl6l6  K K KF$fl6fl6 KF K K*ff}l6J6 ZAl6l6l6 JXl6l6l6fFFFFzzzD$2zzz2zzzffffff  MEMBERS PRESENT: Chairman Patrick Kennedy, Gary Bazzano, Clifford Slicer, Michael Sullivan, Louise Evans, and Suzanne Choate ALTERNATES PRESENT: Dan Jeski sat for Pacekonis and also for Choate during discussion and deliberation of Appl 05-59P, Woodwright Homes, LLC STAFF PRESENT: Marcia A. Banach, Director of Planning Jeff Doolittle, Town Engineer PUBLIC HEARING COUNCIL CHAMBERS Kennedy called the meeting to order at 7:30 p.m. Bazzano read the legal notice as it was published in the Journal Inquirer on Friday, December 2, 2005 and Thursday, December 8, 2005. PZC-sponsored Flood Plain zone regulation amendment add floodplain zone definitions to Section VII: Floodplain Zone (Exhibit A) Doolittle presented the application and his comments were as follows: Submitted copies of panels of the updated Flood Insurance Map. Noted that there were 13 panels that cover the Town of South Windsor. FEMA updated sections of the flood insurance study and flood insurance rate map for South Windsor updating was based on information from the US Geologic Survey. Updating Notice of the dates was published in early March. Updates will become effective December 16, 2005. FEMA requires the Town to adopt legally enforceable flood plain management measures which is already incorporated in the Zoning Regulations (Section 7). Definitions and language are missing from the Regulations and must be incorporated. (Section 7.1.1.) When completed this amendment will incorporate new definitions, new terminology, and it has been referred to the updated flood study and flood insurance rate maps. Doolittle provided the following report: Good evening Mr Chairman, and members of the commission. My Name is Jeffrey Doolittle and I am the South Windsor Town Engineer. I am here to present an amendment to the Floodplain Zone, Section VII of the current Plannign and Zoning Regulations. This past year FEMA has updated sections of the Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) for South Windsor. The Base Flood Elevations (1% annual occurance chance or what used to be the 100 year flood elevation) were updated in a few areas of Town based on information from the US Geological Survey. Notification of these updates was published in the Hartford Courant in early March. The updated FIS and FIRM will become effective on December 16, 2005. In conjunction with these updates, FEMA requires the Town to adopt legally enforceable floodplain management measures that FEMA approves. South Windsors floodplain management measures are contained in the current Planning and Zoning Regulations, Section VII: Floodplain Zone. However, a review of South Windsors Planning and Zoning Regulations by FEMA and/or its consultants found that there were several definitions and some specific language missing from these regulations that are required to be included by the National Flood Insurance Program (NFIP) regulations. Therefore it is necessary to update the Planning and Zoning Regulations to comply with the National Flood Insurance Program (NFIP) regulations. The proposed amendment to Section VII the Floodplain Zone of the current Planning and Zoning Regulations that is presented tonight will satisfy the requirements of the National Flood Insurance Program (NFIP) regulations and this amendment must be adopted prior to December 16, 2005. This amendment will also be incorporated into the comprehensive update of the Planning and Zoning Regulations that is currently in progress. The proposed amendment includes the following: Add New Definitions: New language for Section 7.1.1 Kennedy requested in put from the public. No one spoke for or against this item. Kennedy requested input from the Commission there were no comments or concerns. Kennedy closed the public hearing at 7:40 p.m. REGULAR MEETING MADDEN ROOM CALL TO ORDER: PUBLIC PARTICIPATION: Vicky Margiott, 32 Sele Drive, was present for several reasons all of them Gateway Zone related. Her concerns centered on development of Highland Market, higher buildings being allowed, change in parking lot standards, the sign, lighting; and noise emanating from LA Fitness. (Exhibit B) Linda Cutler, 58 Sele Drive, submitted a letter from Vincent Attianaese regarding lighting from LA Fitness. (Exhibit C). Her concerns centered on the signage at LA Fitness and duration of the lights being on continually; plus truck traffic. Joan Sullivan, 1403 Summer Hill Drive had concerns centering on LA Fitness, it is a distraction and detraction. Ron Merrick, 48 Sele Drive had concerns centering on LA Fitness and their lighting distracting to nearby residents; spotlights in the air; concerns of neighbors disregarded; traffic. NEW BUSINESS: Discussion/Decision/Action regarding the following: 1. Appl 05-66P, Imperial Oil Company request for site plan approval for the construction of a 8470 sf building on property located at 981 Sullivan Ave., Industrial zone Kennedy did not participate in this hearing. Slicer chaired the meeting. Frank Borawski, Engineer and representing the applicant had the following comments in his presentation: Plans adhere to comments from the Town Engineer. Proposal includes connection to utilities in Sullivan Avenue. Storm water quality will be improved by utilizing check dams and plantings. Banach provided the following Planning report: Request for site plan approval for the construction of an 8,192 sf industrial building at 648 Sullivan Ave., I zone. Maximum impervious coverage allowed is 65%; 22.8% proposed. Proposed building height is 21 feet; 40 feet allowed. Lot size is 3.3 ac; minimum lot size allowed is ac. Frontage is 200 ft; minimum allowed is 100 ft. Front yard setback is 241 feet, 35 feet allowed. This site has been used in the past by Imperial Oil as a fuel farm and has an established driveway and parking area on site. The requirements of access management do not appear appropriate for this site as properties to the east and west are already developed in such a fashion that interconnecting the sites does not appear feasible. The parking requirement is 19 spaces; 19 spaces have been provided. Three is no free standing sign proposed at this time. Architectural and Design Review Committee reviewed this application on November 3 and were satisfied with the application as presented. The only site lighting proposed is building lights with full cut-off fixtures, no parking lot light poles. There is no buffer requirement as this lot does not abut any residential areas. There are no regulated wetlands on the property. This application is pending with the IWA/CC for conservation approval and will be heard on December 21. There is public water and sewer servicing the site. Water Pollution Control Authority approval is required There is a dumpster shown on a concrete pad with screening. If this application is approved, Planning Department has no modifications to request. Doolittle provided the following Engineering report. Show the existing storm drainage pipes in Sullivan Avenue The proposed sanitary manhole by the road is required, however this manhole needs to be located in the ROW or an easement be provided to the Town to access, inspect and sample from this manhole. A permit from the ConnDOT is required for any work in Sullivan Avenue ROW. The sidewalk in front of the building should be at least 6 feet wide so there is room to walk along it with cars parked up against it. The car bumpers will extend over the sidewalk by about 1-2 feet. Will the sidewalk in front of the building have an integral concrete curb? If so show this on the plan and detail. If not, show curb stops The proposed temporary stockpile area should be relocated so it is farther away from the building and not in the proposed parking lot where it will probably interfere with construction of the building and parking lot. The drainage report needs to be updated to include the proposed detention basin sizing and flows. This report needs to include sections on storm water quality treatment and operation and maintenance of the stormwater system for this site. The detention basin outlet pipe should be at least 12 diameter with a smaller orifice for ease of maintenance. The proposed detention basin needs to be sized for storm water quality treatment and include plants, channels, and stone check dams to extend the detention time and provide stormwater treatment. The Town has an updated detail for the detention basin outlet structure that should be used on this site. WPCA review and approval of this plans is required. Discussion ensued among the Commission with the following comments and concerns. Replies will be in Italics. View of the proposed building. It is located mid-rear of the lot. Clarification of former tank storage. The tanks were removed 8 years ago. Location of the detention basin and the historic tanks. There will be recharge out of the basin; amount is not certain because of the existence of a high water table; infiltration will occur depending upon the season; tanks were located at the end of the driveway. Materials and colors. Materials and colors were recommended by ADRC; face of the building will be brick with beige siding and metal roof coordinated colors. Storage of trucks. Majority of trucks will be stored inside definitely brought in at night. Number of employees. 19. Renting part of the building? No. Customers to building? No. Hours and lighting. Shielded lights will be off at night except for security lighting. Slicer requested input from the public. No one spoke for or against this application. Evans made a motion to approve Appl #05-66P, Imperial Oil Company with the following modifications: 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. A landscape bond in the amount of $3,000 is required and must be submitted prior to filing of mylars. All bonds must be in one of the forms described in the enclosed Bond Policy. An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.11 of the Zoning Regulations. Footing drains are required if the building has a basement. All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor. This approval does not constitute approval of the sanitary sewer, which can only be granted by the Water Pollution Control Authority. If a State Traffic Commission certificate is required, no building permits will be issued until the certificate has been issued (per CGS 14-311). The building street number must be included on the final plan. Pavement markings must be maintained in good condition throughout the site drives and parking areas. All free standing signs and/or building signs require the issuance of a sign permit before they are erected. Engineering comments dated 12-13-05 must be addressed to the satisfaction of the Town Engineer. Choate seconded the motion. The motion carried and the vote was unanimous. Kennedy returned to Chair the meeting. Appl 05-69P, Laidlaw Communications Tower request for a Site Plan modification for the construction of a 120 communications tower on property located at 38 Ident Road, I zone Attorney Wayne Gerlt, representing the applicant had the following comments in his presentation: Applicant received a 3 variance from sideline for the placement of the tower. Tower is 120 tall, 270 from Ident road and 400 from Strong Road. To assure that the fall line will be within the property the tower was moved northerly. Tower is used for private communication for the school buses for South Windsor only. Section 16 of the Regulations was referred to and complied with. (Exhibit D) Tomek Graveuski, Zuric Assoc, Engineer and representing the applicant had the following comments in his presentation: Tower is located in corner of property and will be serviced from both Ident and Strong Road. Tower was owned by the Town and used by the Police Department. A sufficient foundation will be placed for the tower. Communication cable to the tower will be located underground. Banach provided the following Planning report: Request for site plan modification to construct a communications tower at 38 Ident Road, I zone. The tower is for the sole use of Laidlaw Bus Company for school bus dispatching. The provisions of Section 16, Commercial Wireless Telecommunication Sites, does not appear to apply to this application as this application is not for personal communications system (PCS) submitted by a licensed PCS carrier, which is the type of tower specifically regulated by Section 16. A variance was granted on December 1 to allow the tower to be located 3 feet from the property line instead of the required 10 side yard setback. The proposed tower is a 120 lattice-type tower that was previously used at the Police Dept prior to installation of the current monopole. The lattice tower was donated to the bus company by the Police Department. It appears that the tower has been exactly situated so that it has a clear fall zone. If approved, the Planning Dept has no requested approval modifications. There was no report from the Engineering Department. Discussion ensued among the Commission members with the following comments and concerns: Replies will be in Italics. Clarification of the 120 height of tower. It was an existing tower; owned by the Town and utilized at the Police Station. Clarification of placement. It could not be in the parking area because of school bus maneuverability; topography of site dictated placement of the tower, certain constraints were also involved. Distance to nearest residential area. Over 560. Visibility from residential area. Approximately 30-40 based on angle, tower not illuminated. Burden on other properties. Properties are un-developable. Bazzano made a motion to approve Appl 05-59P, Laidlaw Communications Tower with the following modifications: No building permit will be issued until the final mylar have been filed in the Town Clerk's office. All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor. The building street number must be included on the final plan. The tower must be moved to the north so that it has a clear fall zone. Slicer seconded the motion. The motion carried and the vote was unanimous. Appl 05-46P, Executive Court request for a resubdivision of 38+ ac. of property to create 17 lots located at LO12 Governors Highway, on the easterly side of Nutmeg Road North and northerly side of Governors Highway, I zone Banach provided an update. Discussion ensued among the Commission with the following comments and concerns; Replies will be in Italics. Clarification of fund for the traffic calming study. Staff is looking to the developer to provide the actual traffic calming study and as individual site plans along the remainder of Governors Highway, pieces of the traffic calming program will be installed; this would allow for the developer not to have the burden of complete installation; when decision on this application is made it is desired to have the study done and a plan in hand (plan will cover actual traffic calming measures). Method of implementation is required. CO will not be issued until the traffic calming measures are in place this is to be in approval letter. Subdivisions are filed on land records thus any buyer will be aware of the traffic calming measures included. An executive page should be included on the revised mylar, codified. Approval conditions are always on mylars. Clarification of why the developer does not create all the traffic calming measures. Fairness is involved; there is no question that it would be simpler to have the developer do the whole thing. Stone dust is preferred over chips for the proposed path. Choate made a motion to approve Appl 05-46P, Executive Court with the following modifications: Bazzano seconded the motion. The motion carried and the vote was unanimous. Appl 05-61P, DBB Management, LLC Zoning Amendment request for an amendment to add section 5.2.4.5 to allow limited display/storage of new seasonal equipment in the general commercial zone providing it meets specific criteria Choate did not participate in the discussion or decision on the above referenced application. Discussion ensued among the Commission members with the following comments and concerns: Replies will be in Italics. Amendment is not appropriate not applicable to all zones. A rational basis is lacking. This is an issue that is brought to the attention of Staff quite often requiring PZC to study it. Reference was made to Section 6.1.5.2. (limited outdoor display of items for wholesale/retail). Desire one item for display, with the rest being stored inside a building. Scale too large for PZC to consider to allow even for I zones cross between warehousing and storage. Seasonal use would be year around displays. Displays should be limited. Applicant must return to the drawing board plus work with Town Staff to come up with a different amendment amendment patterned after the Industrial zone. Sullivan Avenue is not to be included in the proposed amendment. Another public hearing is warranted. Sullivan made a motion to deny Appl #05-61P, DBB Managements, LLC Zoning Amendment. Evans seconded the motion. The motion carried and the vote was unanimous. Appl 05-59P, Woodwright Homes, LLC request for a zone change of 8.74 ac. from Industrial to A-20 Residential for property located 428 and 450 Pleasant Valley Road (northerly side of Pleasant Valley Road, westerly of Hilton Drive) Choate did not participate in discussion or action on the above referenced application. Banach submitted a colored map exhibiting a 50 buffer along the westerly side of the property. Discussion ensued among the Commission members with the following comments and concerns: Replies will be in Italics. Clarification of the colors. The 50 residential buffer in the lighter red, the darker red is the 50 industrial buffer; reason is not to impose the buffer on abutting property; the applicant will carry the burden of both sides of the buffer. Intent is to not bind a future Commission must leave strip; if not the property owner could apply for a ZBA variance; intent also is that there be no implications on this for the abutting property 50 strip must be placed on the westerly portion of the property. The site in question should not remain industrial, residential is a choice decision. Need for future easement to allow for installation or maintenance of a buffer? Not required to maintain a buffer on some elses property; buffer maintenance is the responsibility of the lot owner. Berm in lieu of a buffer along the access of abutting property is preferable to hide view of industrial vehicles. This could be implicated at time of development; a 10 berm would require more than a 50 buffer. Evans made a motion to approve the zone change for App 05-59P, Woodwright Homes, LLC from Industrial to A-20 zone reflecting Exhibit 2, consistent with the Town Plan of Conservation and Development; approval is also based on the existing A-20 zone land in the area. Jeski seconded the motion. The motion carried and the vote was unanimous. PZC-sponsored Flood Plain zone regulation amendment add floodplain zone definitions to Section VII: Floodplain Zone Choate made a motion to approve the above referenced amendment; amendments are consistent with the Town Plan of Conservation and Development and amendments will be effective upon publication. Evans seconded the motion. The motion carried and the vote was unanimous. OTHER BUSINESS: LA Fitness Lighting After discussion the Commission agreed that they would drive by at night and view LA Fitness. It was noted that there is no spillage of light to Sele Drive, up-lighting on buildings is allowed in the Gateway Zone; parking lots contain full cut off fixtures. An accident report on Buckland Road was requested for 2005. CRCOG Representative After discussion Kennedy volunteered to represent PZC at CRCOG and Slicer volunteered to be an alternate. Open Space Liaison Choate made a motion to appoint Evans as a liaison to Open Space Task Force. Bazzano seconded the motion. The motion carried and the vote was unanimous. APPLICATIONS TO BE OFFICIALLY RECEIVED: Appl 05-69P, Laidlaw Communications Tower request for a Site Plan modification for the construction of a 120 communication tower on property located at 38 Ident Road, I zone. Appl 05-70P, New England School of Gymnastics, LLC request for Special Exception to Article 6.1.3.9 of the Zoning Regulations to establish a gymnastics school on property located at 259 Sullivan Avenue, I zone. Appl 05-71P, Superior Northeast request for renewal of a 2-year temporary and conditional permit for a 30 x 60 storage shed on property located at 24 Jeffrey Drive, I zone. Appl 05-72P, Thomas R. and Sara G. Fraize Subdivision/Special Exception to Article 4.6 of the Zoning Regulations (Interior Lots) and minor subdivision of property located at 861 Clark Street, RR zone. Appl 05-73P, The Grillo Family Limited Partnership, request for site plan approval for the construction of 3,158 sf dentist office on property located at 498 Buckland Road, GD zone. Appl 05-74P, R & B Auto Sales request for Used Car Dealer license and Site Plan approval for property located at 713 John Fitch Boulevard, GC zone. Appl 05-75P, Town of South Windsor request for a Special Exception to 17.20.6 of the Zoning Regulations and Site plan approval for the installation of ball field lights and other improvements for Ball Field #1 on property located at 150 Nevers Road, RR zone. ADJOURNMENT: Bazzano made a motion to adjourn the meeting at 9:45 p.m. Choate seconded the motion. The motion carried and the vote was unanimous. ________________________________ Respectfully submitted Date Approved Phyllis M. Mann Recording Secretary.     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