MEMBERS PRESENT: Timothy Wentzell, Kevin McCann, Bart Pacekonis, and Patrick Kennedy,
ALTERNATES PRESENT: Michael Sullivan sat for Cliff Slicer
Marc Finer sat for Gary Bazzano
STAFF PRESENT: Michele R. Lipe, Assistant Director of Planning
PUBLIC HEARING – MADDEN ROOM
Wentzell called the meeting to order at 7:38 p.m.
McCann read the legal notice as it was published in the Journal Inquirer.
Appl 05-08P, Bates In Law Apartment, request for a 5-year in law apartment for property located at 118 Quail Run, A-30 zone
Mark Bates stated that it is proposed to add an in law apartment, another bay, and mud room to the back of the existing garage. When the in law apartment is no longer in use then the apartment will be returned to a family room use by removing the kitchen, and the bedroom walls. It’s an existing two story house. The apartment will be used by parents of the owners.
No spoke in favor of or against this application.
Lipe presented the following report:
1. The PZC in law apartment has specific criteria for the unit for a 5-year permit period.
2. The in law apartment cannot be larger than 900 sf or 40% of the combined gross floor area of both units, whichever is smaller.
3. The applicant is proposing an 816 sf apartment.
4. The entire structure must maintain the appearance of a single family dwelling.
5. Off street parking for at least 3 vehicles must be accommodated.
6. Adequate water and sewage must be provided.
7. The owner of the dwelling units must occupy either the in law apartment or the main dwelling unit.
8. The applicant has indicated that they intend to add a bay on the existing two car garage and convert the first bay into a common mud room area to make the in law apartment as part of the house.
9. They have provided all the required information and they have provided the plans for conversion back to the living space as required.
10. If this application is approved it is requested to grant approval for 5 years and ownership of the property every 2 years.
11. At the end of the permit period if the situation has not changed the applicant may request a renewal.
12. There are no engineering comments.
Wentzell closed the public hearing at 7:40 p.m.
Appl 05-09P, Joyce Clark, request for a 5-year renewal for a major home occupation “JC & Company Family Beauty Salon” on property located at 15 Apple Tree Lane, A-20 zone
Clark stated that all requirements have been met, parking is appropriate. There has been no change in the operation or physical surroundings. She has received no verbal or written complaints from her neighbors.
No one from the public spoke in favor of or against this application.
Lipe provided the following Planning report.
Request for a 5 year renewal to the 5 year major home occupation. The permit is to operate a hair salon five days a week, Tuesday through Saturday), 11 a.m. to 8 p.m., for property located at 15 Apple Tree Lane, A-20 zone. The applicant has a nail technician work during the same hours.
The applicant has converted 525 sq ft in the basement into the salon. No changes were made to the exterior of the house (with the exception of driveway widening).
The existing house is served by public sewer and water.
The parking requirement has been met by widening the existing driveway.
A two square foot sign is allowed, and a sketch of a proposed sign has been submitted.
If this application is approved, the applicant would also be required to return to this Commission for renewal upon expiration of the 5-year permit period.
Discussion ensued among the Commission members with the following comments and concerns:
· Enlarged driveway. The applicant was requested to enlarge the driveway for the business at the time of original approval.
· Disposal of chemicals. Strongest thing that is used is hair color, hair colors are soluble. Salon trash is bagged separately and there are no hazardous materials.
Wentzell closed the public hearing at 7:47 p.m.
Appl 05-06P, Vanco Associates dba Van’s RV Center, request for a zone change of 21,275 sf of property from A-40 to General Commercial for property located westerly of John Fitch Boulevard and northerly of Chapel Road
Appl 05-07P, Vanco Associates dba Van’s RV Center, request for a site plan modification for the storage of RV’s for property located at 417 John Fitch Boulevard, GC zone
Dana Steele of J.R. Russo Associates and representing the applicant had the following comments to his presentation:
o Applicant owns lot #26, 27, and 29.
o Zone change request is for lot #29 (1.3 acre parcel) and zoned A-40. He is requesting a zone change to General Commercial to allow storage of RV’s, provide a larger buffer and to provide a continual use of the property.
o Lot #27 contains 2.7 acres where the business has been operated for some time.
o Site is elevated to the property to the west and includes the Podunk River, wetlands, and a steep slope to the graveled surface of #27.
o Desire of the applicant is not to change property lines but create a zone line beyond the existing gravel surfaced area of the site.
o It is also proposed to increase the storm water management of the site.
o The entire graveled surface will be curbed and drainage will flow to a storm water treatment system (vortechnic device). This separates particles and suspended solids from the discharge.
o The lots are not sanded,
o A buffer will be provided from the top of the slope and curb will be approximately 10’ away from the top of the slope.
o The area is heavily vegetated with deciduous growth.
o Cedars are proposed on the westerly property line (spaced 10’ on center; 5-6’ in height) to provide screening for the residential properties to the west.
o A picket fence will be provided around the property line to catch the litter.
o It is proposed to provide storm water infiltration and to reduce volumes of runoff from the site.
o Impervious coverage will be reduced.
o CB’s will collect runoff from the subject parcel
o The existing CB on the original site will be eliminated.
No one from the public spoke in favor of or against this application.
Lipe provided the following Planning report.
1. Request for zone change from residential to General Commercial for property located behind and abutting 417 John Fitch Boulevard. The total area of the request is 21,275 square feet. The minimum lot size in the new zone is 1/2 acre, the combined area of all Vanco GC property is 4.5 acres.
2. We have provided aerial photos of the area for the Commission’s use. You can see from the aerial photo that the area for which the zone change is requested is already in use for RV storage. This application, along with the site plan application, will alleviate that issue if approved.
3. The Town Plan depicts this area generally as an economic development area. The site is bordered by General Commercial zone to the south, Industrial zone to the north and east across Route 5, and A-40 residential zone to the west. The Podunk River flows through the property with the proposed zone change. A topographic feature like the river generally makes a good natural barrier between the commercial and residential zones; however, we do note that this site is visible from Chapel Road due to topographic differences and sparse vegetation.
4. Section 16 includes criteria for zone change:
How the zone change compares with the Comprehensive Plan of Development;
How the land shall be secured from flooding and other dangers;
How the land upstream and downstream in the same watershed shall be secured from flooding and other dangers;
How the land shall be served by water, sewerage, transportation, and other public utilities; and
How the proposed zone change will affect any wetlands in the area.
5. The possible uses in this zoning category include retail and wholesale sales, hotels and restaurants, laundry, printing, offices, theaters and bowling alleys, gas stations.
6. A zone change is the appropriate time to discuss traffic impacts. It does not seem likely that this zone change will impact traffic on Route 5, particularly in light of the fact that the RVs have been parked in the proposed zone change area for several years, according to the aerial photo.
7. There is a buffer requirement between the GC and A-40 zones. The applicant has proposed to plant a buffer of eastern red cedar trees spaced 10’ on center. The eastern red cedar is a rapid grower that grows to about 30 feet high, 20-25 feet wide, thus should provide an adequate buffer.
8. There are regulated wetlands on this site. IWA/CC approved a site plan on February 2, with a $5,000 bond for erosion & sediment control and no unusual approval conditions.
9. Site plan of development is required prior to any commercial use of this site. The site plan application was submitted simultaneously with this zone change application.
10.If this zone change is approved, the Commission must state on the record that you have found the zone change to be consistent with the plan of conservation and development.
11. Request for site plan approval to expand the outdoor storage area for recreational vehicles at 417 John Fitch Blvd, GC zone. Maximum impervious coverage allowed is 65%, 62.5 proposed. In 1994, the Commission had given approval for storage of 66 additional units on the property at 415 John Fitch Blvd; that is the southern of the two properties owned by Vanco Associates. The 1994 approval noted that the additional RV’s needed to be stored in substantial compliance with the illustration provided to the Commission. The aerial photo indicates that the RVs have been stored more or less in compliance with the P&Z approval; when the aerial photo was taken, there were 10 or 15 more RVs than approved, many of which appeared to be smaller
units.
12. The whole site is accessed via the main entrance and exit drives; there are no new curb cuts associated with this application.
13. Van’s Leisure Living has maintained a high standard of landscaping since its inception. There is no need for additional landscaping except for the buffer plantings.
14. There does not appear to be any outdoor lighting on the storage lot.
15. There is a buffer along the west property boundary. The applicant is proposing to plant Eastern Red Cedar trees, 10’ on center. The Town’s Tree Warden recommends that the applicant select either Canaertii , Gray Owl, or Burkii varieties for the most effective buffer.
16. There are regulated wetlands on the site. IWA/CC approved a site plan on February 2, with a $5,000 bond for erosion & sediment control and no unusual approval conditions. The applicant is installing drainage structures to resolve erosion issues on the riverbank on the west side of the site.
17. If this application is approved, Planning Department requests no additional approval modifications except as already noted.
· Discussion ensued among the Commission members with the following comments and concerns: Replies will be in Italics.
· Clarification of zone change for Lot #29. Area is a natural resource area between the property involved and the Podunk River. Activities will be contained on the existing site only.
· Buildable area involved. The site will be developed to the top of the bank. Lipe stated that commercial use being extended down Chapel Road is not desired – it’s not buildable anyway. The corner contains a vacant what was a used car use but is viable for commercial development.
· Presentation on both the zone change and site plan modification. Yes, the presentation was for both applications.
· Extension of buffer. A larger buffer is required when abutting a residential zone. However, if a purpose is being served then the applicant would provide a wider buffer.
· Clarification of drainage improvements. The oil/water separator will be maintained and there will be no problems with erosion problems.
· Approval of display area. Yes.
· Location of the display area closer to Route 5. No.
Public hearings for both applications were closed at 8:14 p.m.
REGULAR MEETING/MADDEN ROOM
Public Participation
No one was present for public participation.
New Business
Discussion/Decision/Action regarding the following:
1, John Fitch Partners LLC, request for site plan approval for the construction of a 25,200 sf manufacturing facility on property located at 1249 and 1265 John Fitch Boulevard, I zone
Dana Steele, J. R. Russo & Associates and representing the applicant had the following comments to his presentation:
à Existing building on John Fitch Boulevard.
à The rear of the property (approximately 2 acres) is undeveloped and is large relative to the front of the developed area.
à Access will be through the existing driveway at 1265 John Fitch Boulevard.
à Elimination of 12 parking spaces from 1265 John Fitch Boulevard will occur to facilitate access to the rear.
à Limits of clearing and the demolition plan have been submitted.
à Wetlands and a brook are associated with the proposed site.
à The brook is fed by a drainage pipe (36” RCP) which comes from John Fitch Boulevard.
à Proposal requires crossing and IWA/CC has given approval for this activity.
à Proposal is to construct a 25, 200 sf building. North and south sides will have overhead doors for vehicles to access the building. There will be no loading docks.
à Box type trucks will be accessing the building only.
à 65’ from building to curb line provides enough room for maneuverability.
à Parking is proposed on the east side of building – 2 rows with an island in between.
à Intent of the plan is that the building will be split down the middle for multiple tenants.
à Applicant will return to ADRC with details of design and signage.
à Storm water runoff will be handled in an appropriate manner.
à A pump station will be required for this building – forced main to John Fitch Boulevard.
à Water is provided for the site.
à Parking requirements for each building will be met.
à Storm drainage will be collected from parking lots and directed around the south side of the building to a detention area to the west. The detention pond will serve as a water quality treatment pond – designed in accordance with DEP recommendations as a pocket pond. This pond provides a permanent pool of water to treat and allow sedimentation settlement before it’s discharged into the watercourse below.
à The pond will contain a sediment forebay which will collect large sediment and will require maintenance.
à All comments from the Town Engineer have been addressed.
à 2 dumpster areas will be screened with a fiberglass fence along with landscaping.
à Austrian pine and permanent screening will supplement the screening for the property to the north.
à The applicant has provided a conservation easement as required by IWA/CC.
Lipe provided the following Planning report:
1. Request for a site plan approval for the construction of a 25,200 sf facility located behind the existing building at 1249 John Fitch Boulevard, I zone. Maximum impervious coverage allowed is 65%, 27.9% proposed. Lot size is 9.4 ac.; minimum lot size allowed is 20,000 sf. Frontage is 150 feet; minimum allowed is 100. Front yard setback for this building is over 500 feet.
2. Access to the rear portion of this site will be through the existing drive on the property located at 1265 John Fitch Boulevard.
3. The parking requirements are determined by the proposed specific uses on the site. The front building parking shows a retail uses and warehouse use requiring 26 spaces and the back building requires 36 spaces; the applicant is showing 33 spaces for the back building. A waiver of 3 spaces is being requested.
4. The Commission should be aware that this property received a variance in 1999 from the ZBA which allow any uses in the restricted commercial zone to be permitted on this property.
5. There are overhead door shown on the southern side of the proposed building. Staff has a question about the types of vehicles that will be accessing this site because it does not appear that an 18-wheel vehicle can turn around once it gets onto the site. The applicant representatives have indicated that only smaller vehicles will be able to access this site; no tractor trailers will be able to maneuver on site.
6. The applicant appeared before the ADRC on 1/20/05. The Committee was pleased with the landscaping and lighting as presented. At that time, the applicant’s representatives indicated that because this is a spec building that the architecture design had not been finalized with colors/materials. He presented a “typical” industrial building that the applicant has built in other locations. The ADRC indicated they would like to see the “final” architectural plans and materials/colors prior to construction.
7. The proposed lighting will be full cut-off wal-paks on the building.
8. There is no signage proposed at this time.
9. There is a buffer requirement for this property because it abuts a residential zone to the west. The applicant is proposing to leave the bulk of the western portion of the site undisturbed and protect it with a conservation easement. We have had a resident from Ident Road present concerns about the screening of the adjacent site. It appears that the original landscaping has been eaten by deer. They are proposing to supplement that vegetation with 12 white spruce trees, 5-6 feet at planting.
10. There are regulated wetlands on the property. The applicant received IWA/CC approval on 12/15/04 with the standard conditions and some additional conditions:
Debris should be removed from the property; a conservation easement is to be established along the limit of clearing on the western side of the property, eastern limit of clearing and around the detention basin.
The drainage area associated with the watercourse to the south should be monitored on an annual basis. Any solid waste that surfaces should be removed.
A bond in the amount of $15,000 be submitted to the Planning & Zoning Commission to ensure compliance with the erosion and sediment control measures.
A bond in the amount of $10,000 be submitted to the Planning & Zoning Commission to ensure the establishment of the detention basin and bio filter structure.
11. The site is serviced by public water and sewer. Water Pollution Control Authority approval is required.
12, There is a dumpster shown on a concrete pad and screened.
I3. f this application is approved, the planning department requests the following modifications:
14. The western property boundary should reflect the rear yard setback.
Wentzell read into the record a letter a letter from Harriet & Bob Willson, dated January 7, 2005. (Exhibit A)
Discussion ensued among the Commission members with the following comments and concerns: Replies will be in Italics.
· Clarification of the conservation easement. A conservation easement will not allow any clearing. Mature growth there now. Screening will be provided on the westerly border.
· Ownership of the two properties. They are under one ownership and there is no intention to combine the two properties.
· Different owners – provision of cross easement. An attorney for the applicant will prepare a cross easement in favor of 1249 John Fitch Boulevard and could be included as a condition of approval.
· Lighting. Wal-paks will be utilized. They are angled for cut off lighting, a third wal-pak will added if desired by the Commission.
· Clarification of storm water quality pond. This is preferred by DEP.
· Return to ADRC? Lipe replied that if the building varies then the applicant has to return to ADRC.
Kennedy made a motion to approve application 05-05P, John Fitch Partners, LLC with the following conditions:
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 $15,000 for erosion and sedimentation measures and $10,000 for the establishment of the detention basin and biofilter.
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.
A landscape bond in the amount of $5,000 is required and must be submitted prior to filing of mylars.
All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
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.
Engineering comments dated 2/17/05 must be addressed to the town engineer’s satisfaction.
The western property boundary must reflect that a 50 foot buffer is required.
The applicant is required to return to the ADRC once the building design has been finalized.
A parking waiver of 3 spaces has been granted for the back building.
Cross travel easement/utility easement must be provided.
Add third wal-pak on the east side of the building.
McCann seconded the motion. The motion carried and the vote was unanimous.
2. Appl 05-08P, Bates In Law apartment
Pacekonis made a motion to approve application 05-08P, Bates In Law Apartment with the following conditions:
1. This approval is for an in law apartment for a family member/relative only.
2. 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.
3. Instead the kitchen must be removed and the living quarters must be converted to other living space for the main dwelling.
4. This permit will expire in five years on February 22, 2010 and will have to be renewed at that time if the use is to be continued.
5. Owner(s) of the property must reside in the apartment or the main dwelling unit.
6. Occupancy by owner will be required every two years. This will be done by a letter from the Planning Department requesting reaffirmation of the occupancy.
7. Any building/alteration or addition to existing building requires a building permit prior to start of construction.
8. The building footprint must not exceed 10% of the lot area in accordance with Section 10.2 of the Zoning Regulations.
Kennedy seconded the motion. The motion carried and the vote was unanimous.
3. Appl 05-09P, Joyce Clark, request for a 5-year renewal for a major home occupation “JC & Company Family Beauty Salon” on property located at 15 Apple Tree Lane, A-20 zone
Pacekonis made a motion to approve application 05-09P, Joyce Clark with the following conditions:
The business must be operated by the homeowner.
The permit will expire on February 22, 2010, and will have to be renewed at that time.
Only one non-resident employee can be hired.
Hours of operations are Tuesday through Saturday, from 11 am to 8 pm.
Refuse from the business cannot be disposed of with residential refuse. Adequate arrangements must be made for business refuse disposal.
Kennedy seconded the motion. The motion carried and the vote was unanimous.
4. Appl 05-06P, Vanco Associates dba Van’s RV Center, request for a zone change of 21,275 sf of property from Rural Residential to General Commercial for property located westerly of John Fitch Boulevard and northerly of Chapel Road (Exhibit D)
Kennedy made a motion to approve application 05-06P, Vanco Associates dba Van’s RV Center.
The Planning and Zoning Commission finds that the zone change is in conformance with the Town Plan of Conservation and Development.
Within ninety days, by a zone change map (1” = 40’) with an A-2 certification must be filed on the land records, showing all boundary lines and the acreage of the land where the zone change was granted. The map shall be drawn in accordance with the rules and regulations of the State Board of Registration for Professionals Engineers and Land Surveyors and shall be stamped and signed by a Registered Land Surveyor. The zone change map must be submitted on black and white mylars, with this approval letter thereon, together with three blueprint copies of the Zone Change.
McCann seconded the motion. The motion carried and the vote was unanimous.
Appl 05-07P, Vanco Associates dba Van’s RV Center, request for a site plan modification for the storage of RV’s for property located at 417 John Fitch Boulevard, GC zone
Kennedy made a motion to approve application 05-07P, Vanco Associates dba Van’s RV Center with the following modifications:
1. 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
2. An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.11 of the Zoning Regulations.
3. A landscape bond in the amount of $2,000 is required and must be submitted prior to filing of mylars.
4. All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
5. This approval does not constitute approval of the sanitary sewer, which can only be granted by the Water Pollution Control Authority.
6. If a State Traffic Commission certificate is required, no building permits will be issued until the certificate has been issued (per CGS §14-311).
7. The building street number must be included on the final plan.
8. Pavement markings must be maintained in good condition throughout the site drives and parking areas.
9. Four additional cedars are required along the southerly boundary.
6. Bernie’s Repair Service request for appropriateness of the use to operate a “Road Side Assistance” Company on property located at 11 Sea Pave Road, I-291 Corridor Development (Exhibit B)
After discussion it was the consensus of the Commission that Bernie’s Repair Service can operate a road side assistance company with the condition that automobile repairs will not be allowed. A variance can be sought for an operational license.
Birch Mountain Earthworks, LLC – preliminary discussion regarding relocating their current landscaping contracting operation to property located on Kimberly Drive, I zone (Exhibit C)
Owners of the landscaping business were present for an informal presentation. Their comments were as follows:
ü Looking at lots 1, 2, & 3 on Kimberly Drive for the location of their business.
ü Construct a building on lots 1 & 2 (visible from Route 5) and use lot 3 for storage of products used in landscaping. The building would be brown with a green roof, feature stonework and gables on the entrance. The building would also contain an office.
ü It is desired to sell landscaping products, e.g. mulch, topsoil, pavers, loose stone, cut stone etc. in the future.
ü It is proposed to have a showroom in the building on lot 1.
ü Screening of topsoil will be handled appropriately.
Lipe provided the following Planning report:
1. Future plans are a concern – retail type of outlet. There are provisions for incidental sales and showrooms etc.
2. Landscaping contractors are permitted in an industrial zone.
3. The applicant would need advice in buffering and screening of the property.
4. Is this an appropriate industrial use?
5. The other issue is the screening of topsoil, e.g. more of an earth removal operation as opposed to industrial use on site.
6. IWA/CC approval would be required along with a traffic report.
Discussion ensued among the Commission members with the following comments and concerns: Replies will be in Italics.
· Selling landscaping equipment? Sell only used equipment from the business.
· Apply under Special Exception which would also cover traffic.
· Need detailed plan of outside showroom.
· Clutter not desired around building.
· Selling of too much equipment will not be allowed.
The applicant was requested to come forward with an application.
BONDS: Calling/Reductions/Settings
Site Bonds
Appl 03-08P, Podunk Ridge SRD: Present amount of bond is $97,125.00; reduction is $56,530.00 leaving a maintenance bond in the amount of $40,595.00 which will expire on February 22, 2006.
Kennedy made a motion to approve the reduction of the above referenced bond. McCann seconded the motion. The motion carried and the vote was unanimous.
OTHER BUSINESS:
Request from Generation2inc, for change of design (Exhibit E)
Wentzell read into the record the letter from Generation2inc. dated February 10, 2005. He requested input from the Commission regarding the construction of smaller office condos in that project.
After discussion it was the consensus that Staff reviews traffic data and parking for this project and also the clarification of medical/medical treatment in the zoning regulations; then return to the Commission with the information. Also to require a traffic statement from the applicant.
Request for Martial Arts business in an industrial zone.
Existing business is in Geissler’s Plaza and the owner desires to move his business to Schweir Road. Industrial zone states that class room facilities are prohibited. After discussion the Commission decided that the applicant could come before them for a special exception use, plans showing parking, description of his operation etc.
APPLICATIONS TO BE OFFICIALLY RECEIVED:
1. Appl 05-12P, Brodeur Major Home Occupation, request for a 5-year major home occupation to operate a hair salon on property located at 1075 Pleasant Valley Road, RR zone
ADJOURNMENT:
Kennedy made a motion to adjourn the meeting at 9:30 p.m. McCann seconded the motion. The motion carried and the vote was unanimous.
Respectfully submitted
Phyllis M. Mann, Recording Secretary
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