MEMBERS PRESENT: Chairman Timothy Wentzell, Sue Larsen, Bart Pacekonis, and Patrick Kennedy
ALTERNATES PRESENT Michael Sullivan sat for Kevin McCann
Louise Evans sat for Clifford Slicer
STAFF PRESENT: Marcia A. Banach, Director of Planning
Jeffrey Doolittle, Town Engineer
PUBLIC HEARING – COUNCIL CHAMBERS
Chairman Wentzell opened the public hearing at 7:35 p.m.
Larsen read the legal notice as it was published in the Journal Inquirer on Thursday April 7 and Thursday April 14, 2005.
1. Appl 05-22P, Brady’s Place Doggie Daycare, request for special exception to section 6.1.3.6 to operate a “doggie daycare” on property located at 357 Pleasant Valley Road, I zone (Exhibit A)
Jessica Easter, applicant, had the following comments:
o Building contains 4000 sf building.
o It is intended to care for 20-25 dogs in a large playgroup area.
o A fenced in outside area (52’ x 52’) will be constructed.
o Dogs are dropped off between 6:30 and 9:00 a.m. and picked up before 7:00 p.m.
o Dogs are allowed to play together under constant supervision.
o Disposal of the excrement is done by double bagging it, putting in the dumpster, which is picked up once a week.
o Barking will not be extreme because they are supervised every moment they are there. If barking dogs cannot be controlled, they will not be allowed to come to the day care.
o Day care for dogs is needed, therefore the applicant is providing a service to the community. Existing doggie day care facilities in other towns have waiting lists because the demand for such facilities is so high.
o The experience of the applicant includes working in a doggie day care, a pet center, Connecticut Humane Society, and received training from Connecticut Canine Education Center.
Banach provided the following Planning report:
Request for Special Exception approval to Section 6.1.3.6, Commercial Kennels, to operate a doggie day care at 357 Pleasant Valley Road, I zone. The applicant proposes to use a portion of an existing industrial building located behind a residence on the site. The applicant has provided an information sheet that you all have a copy of.
The State licenses dog day care facilities as commercial kennels. Commercial kennels are allowed as a special exception use in the industrial zone, with all facilities housed inside a building with limited outside fenced area for exercising and training. In determining the appropriateness of the use, the Commission considers the following criteria:
The goals and objectives of the Plan of Development are met;
Adverse traffic impacts are not created;
Negative impacts on property values are not created;
The land is physically suited for the proposed use;
Adverse environmental impacts are not created;
There is a balance between neighborhood acceptance and community needs;
Present and proposed utilities, streets, drainage system, and other improvements have adequate capacity to accommodate the proposed use
Historic factors are adequately protected;
The overall physical appearance of the proposed development is compatible with surrounding development and the Commission’s goals for the neighborhood/corridor.
The proposal includes an outdoor fenced play area.
The entire area surrounding the site is zoned industrial (see zoning map). The existing buildings are concrete block buildings, with a truck & trailer repair business and a manufacturing business also on site. There are numerous trucks and trailers parked rather haphazardly throughout the site; and some do not appear to be street-ready. Environmental Planner Jeff Folger informs me that there is a lot of junk around the rear building, and this site really needs to be cleaned up.
We do not have a specific parking requirement for this use. The applicant has indicated that there are at least six spaces available for this business.
The State licenses the facility. Their requirements cover such items as floor covering materials, size of runs, water, lighting, ventilation, temperature, and sanitation. It is required that feces and other excreta be removed at least once a day and runs washed down with hot water and disinfectant cleaner. Excreta must be disposed of in a sanitary manner. The Town Sanitarian has reviewed this application and noted that if weekly dumpster pick-up is not sufficient to minimize potential odor and fly problems, additional pickups may be needed.
If this application is approved, Planning Dept requests no additional approval modifications.
Doolittle had no comments on this application.
Wentzell requested input from the public.
Paul Fournier, 373 Pleasant Valley Road, spoke against the application. His concerns centered on barking dogs, odors, rodents, disease, washing and disposal of urine, proximity to the Podunk River, property values, and the use being a public nuisance.
Janet Randall, 370 Pleasant Valley Road, spoke against the application. Her concerns centered on property values, excrement in a dumpster, and noise factor.
Discussion ensued among the Commission members with the following comments and concerns: Replies will be in Italics.
· Other examples of placement of this doggie care in the Industrial Zone. Valley Board Kennels is located off Sullivan Avenue, however there are no residences in proximity to the site. Excrement from the kennels is bagged, disposed of in a dumpster, and picked up once a week.
· Clarification of hosing down the dog run area. The Town Sanitarian has not expressed any concerns. Licensing and inspection is handled by the State.
· Improvements to the property. The property will be painted, landscaped, and be aesthetically pleasing.
· Clarification of parking and parking conflict. 12 -15 parking spaces will be provided. It should be noted that children day care centers are not required to have many parking spaces; and this use will be somewhat similar insofar as people dropping off dogs in the morning and picking them up at night. Location of the site provides no conflict between interaction os people dropping off or picking up dogs and the existing industrial users.
· Enforcement of noise – decibel levels being enforced at property lines. Barking dogs are a nuisance, however police would not respond if a kennel is licensed in an area. Noise meters are used at property lines in event of continuous noise.
· Location of the fence. Location of the fence is just outside the building and is a grassed area. The 10’ fence is wooden to prohibit dogs seeing out, thereby reducing dog reactions to passersby and outside activity.
· Occupancy of the house by applicant? No, but applicant has lived in South Windsor for 23 years. When the last dog has gone for the night there will be no one on the premises.
· Other buildings in proximity and sufficient parking. Parking is located in front of the building. Building in the rear is a repair facility, however there will be no conflict between the traffic flow for the two uses.
· Proximity to Podunk River and concerns of drainage. There are no concerns; Podunk River is much lower in elevation than the site and quite a distance away.
· Plans if dog owners do not show up by 7:00 p.m. Applicant waits for owners to come and dogs are kept inside until owners appear. There is usually a “late fee” system to discourage late pick-up.
· Setback requirements for fence. There are no setback requirements for fences.
· Availability of landscape plan. There is no landscape plan. Much of the debris there was left by the previous tenant; the owner will clean that up. Applicant intends to use patio stones, plants, and paint.
· Hours of operation will not allow overnight boarding.
· Control of barking dogs. They will not be allowed in the day care. Dogs are screened prior to enrollment for signs of aggression.
Wentzell closed the public hearing at 8:13 p.m.
2. Appl 05-23P, Avery Street Christian Reformed Church, request for special exception to Section 4.1.8.b and site plan of development for the construction of an 11,700 sf church on property located at 399 Beelzebub Road, RR zone
Attorney Howard Wood, representing the applicant, had the following comments in his presentation:
§ Presented a brief history of the site.
§ It is proposed to construct an 11,700 sf church building on the site of the previous church that had burned.
§ Steve Zielinski, Chairman of the building committee, had the following comments.
§ The original church building in its current location since 1965, addition in 1982, addition burned down in 2003.
§ Active members’ number is 72 families; worship has been at Philip R. Smith School since the fire.
§ The sanctuary was smoke damaged but not damaged structurally.
§ Existing sanctuary building was not user friendly – handicap accessible by ramps inside and outside.
§ Heavy use for the area is Sunday mornings but does not interfere with surrounding traffic.
Jim Bell, Architect, and representing the applicant had the following comments in his presentation:
§ Parking will be as it exists today but will be expanded to meet parking requirements. One drive will be modified slightly.
§ The proposed building will be placed in the northwestern portion of the site close to the administration building to allow access. This is to take advantage of the grade and to allow function on one floor.
§ Building will be 1 story with a full basement and will seat 350 people. The basement will have a walkout to support future growth of the Church.
§ Dumpster location will be at the bottom of the drive to the administration building; placed on a graveled pad, surrounded by a chain link fence and screened from the street.
§ Building will feature 2 wings, northerly wing accommodates bathrooms, nursery space, and meeting space; southerly wing accommodates the large fellowship hall with a serving kitchen attached.
§ It is proposed to construct a traditional styled church building (combination of brick and vinyl siding) with a fiberglass steeple; average height is proposed at 28’9”; Anderson type windows; traditional detailing and asphalt shingled roof.
§ The northern side of the building will be approximately 10-12’ lower than Beelzebub Rd.
Michael Lementola, Engineer
§ Existing parking lots and sidewalks will be removed. The original footprint of the existing building will be grassed.
§ E & S controls will consist of silt fencing being placed around the perimeter of the project within construction limits and existing CB’s.
§ Stockpile area will be placed appropriately.
§ There is a 3:1 grading slope.
§ Existing sign for the Church will remain.
§ Mountable curbs will be placed around the parking lot – Cape Cod style (attractive and low maintenance).
§ Parking lot will have 114 parking spaces to accommodate 350 people.
§ Traffic flow will remain one-way from the entrance to the north and one way out at the south.
§ Storm drainage will consist of 4 CB’s, 3 yard drains, one of the existing CB will be converted into a manhole, and 2 dry wells.
§ There will be approximately 2 ½ acres of drainage area which ultimately outlets at the 18” pipe located south of the building.
§ There was no change in drainage flow exiting the site; there is a change in the runoff pattern. Mitigation will include the installation of 2 dry wells that will contain flows up to a 100 year storm.
§ Sanitary connection will be completed in the road, maintaining the 2% requirement for the laterals, i.e., out of the church building at 7% and the existing house at 3%.
§ Sanitary and water lines will be separated by 10’.
§ Proposed building will have a gas connection.
§ Landscaping will include the planting of 4 cherry trees in front of the building and 9 zelkova as shade trees; low maintenance shrubs (flowering varieties) will be placed around the building.
§ The 30” oak at the entrance will be saved.
Banach provided the following Planning report:
1. Request for special exception and site plan approval for the reconstruction and expansion of the existing church located at 399 Beelzebub Road, RR zone. The reconstruction was necessitated due to a fire that severely damaged the existing church. Site size is approx. 3.1 acres. Maximum building coverage is 10%; 9.9% proposed. Maximum impervious coverage allowed is 50%; 42.3% proposed. Proposed building height is just under 30 feet, measured as allowed by our regulations; 30 feet allowed. The steeple itself has no zoning height limitation. Front yard setback is approximately 230 feet, 50 feet required.
2. The proposal is to replace the existing 9900 sq ft church with a new 12,000 sq ft church. The addition will enlarge the sanctuary from 250 to 350 seats, enlarge the kitchen area, create a handicap accessible bathroom and enlarge the administrative office areas. The parish house will remain and will be connected with the church via a new sidewalk.
3. There are two existing curb cuts onto Avery Street, signed for one-way traffic. The applicant proposes to keep this one-way traffic arrangement. The Police Dept has reviewed this application, and has indicated that the accident history shows no pattern that is related to the Church’s driveways. The Police Dept also agrees that the driveways need to continue as one-way drives.
4. A new parking area is proposed to the north of the existing parking area. The parking requirement for this use is based on the number of seats. The applicant is proposing to increase the number of seats from 250 to 350 seats, requiring 117 parking spaces. The applicant has provided 114 spaces and is requesting a waiver of 3 spaces.
5. There is a new dumpster area shown near the existing residence off of Beelzebub Road. The plans show the dumpster to be placed on a gravel pad. We require dumpsters to be placed on a concrete pad.
6. The Architectural and Design Review Committee reviewed the proposal on 4/15/05 and had the following comments:
The dumpster needs to be screened, and
Conformance of the proposed lighting with our regulations needs to be determined.
The revised plans show that screening has been added to the dumpster.
7. The applicant is proposing new lighting in the proposed parking lot as well as along the proposed pathway. The poles will be 25 ft high, and will have full cutoff fixtures. The lighting plan shows light levels near property boundaries that appear to exceed our requirements for light spill across boundaries. This needs to be resolved.
8. There are no regulated wetlands on the site; however there will be over 20,000 sf of disturbance. The applicant will appear in front of IWA/CC on 4/20/05 for conservation plan approval.
9. Public water and sewers are available. Water Pollution Control Authority approval is required.
If this application is approved, the planning department requests, in addition to items already noted, that a key map be provided as required by the site plan submittal regulations.
Town Engineer provided the following Engineering report:
The street line on Avery Street and Beelzebub Road needs to be established adjacent to this property. The church needs to give the Town a quit claim deed for property along Avery Street and Beelzebub Road from the center of these roads to the Church property shown on the plans. The property needs to be monumented along these roads.
The erosion control notes need to reference the 2002 Connecticut Guidelines for Soil Erosion and Sediment Control.
The driveways should be labeled so the northern drive, closest to the stop sign on Avery Street is one way in only and the southern drive is one way out only. This is the way the church driveways are signed and used presently. One-way driveways would pose less conflicts than having traffic going in and out of both driveways, especially with the northern drive moving closer to the stop sign on Avery Street and the intersection of Woodland Drive.
The sanitary sewer lateral from the existing house at 399 Beelzebub Road needs to run around the church and connect to the lateral from the church outside the building.
The plans need to include invert elevations for the sanitary sewer lateral at the building, the street connection and any changes in slope in-between. There is a note on the plans, “connect into bldg inv = 241.25” but the leader does not point to where the sewer is shown leaving the building. The Town normally requires building laterals to be installed at a slope of at least 2%. Why is this sewer lateral shown at only 1% slope and will there be enough flow to provide a minimum velocity of 2.5 fps in this lateral?
The sewer lateral and water service must be separated by at least 10 feet per the public health code.
There needs to be some more storm water quality treatment measures included in the stormwater drainage system in the parking lot. This could include a hydrodynamic separator, water quality swale, stormwater wetland basin or other measures.
A detail needs to be provided for the two drywells shown on the plans. The storage capacity of these needs to mitigate the increase in runoff from the site for the 100 year storm. The elevation of the bottom of the structure also needs to be provided as the soil borings show rock in this area. These should be moved further away from the building or on the other side of the building so they are easier to install and any water infiltrating into the ground does not affect the building.
The detail for the catch basins needs to include 1-2 concrete bricks under the cover as a leveling course. The detail for the sanitary sewer trench needs to include detectable warning tape at the top of the sand layer. The detail for the storm sewer trench needs to call for ¾” stone bedding up to the spring line of the pipe for plastic pipe, and delete the note, “or sanitary sewer”. Refer to the details in the Town of South Windsor Public Improvement Specifications.
The Town mows the dam behind the church and requests an easement through the parking lot and across the lawn on the south side of the property to access the dam.
Wentzell requested input from the public.
Don Burgess, 2305 Ellington Road, spoke in favor of this application.
Cal Hulstein, 81 Norton Lane, spoke in favor of this application.
Judy Straayer, 567 Main Street, spoke in favor of this application.
Hysen Bailey, 207 Wyndemere Drive, spoke in favor of the application.
Jerry Lyon, 323 Felt Road, spoke in favor of the application.
Discussion ensued among the Commission members with the following comments and concerns. Replies will be in Italics.
· Proposed lighting for the steeple. There is no lighting proposed for the steeple.
· It is desired to have the lighting in the parking light proposed at 15’ height; 25’ is too high for a parking lot in a residential area. In being cost effective it was decided to use existing lighting. The lighting is at 2.0 foot candle on the pavement. The levels may be able to be lowered with the proposed new lighting. The existing poles can be re-lamped.
Wentzell closed the public hearing at 8:42p.m.
REGULAR MEETING – MADDEN ROOM
There was no public participation.
Appl -05-24P, Dealer Appearance Repair, LLC, request for site plan modification to operate a automotive repair facility on property located at 280-302 Sullivan Avenue, I zone
Joe Luginbuhl, applicant, had the following comments in his presentation:
The intention is to operate an automobile repair facility for wholesale only business, doing appearance repairs to vehicles before they are auctioned.
Applicant needs more space for his operation.
General public is not involved.
Cars are transported in by the applicant, rarely by truck.
Tom Kunz, owner of the property had the following comments in his presentation:
Site involves the old Atlas Metal facility.
Rex Lumber rents one of the existing sheds.
Applicant repairs minor damage such as bumpers for the auction dealers; major collision repair is not conducted on the site.
Used vehicles with their parts will not be located outside or inside—Not a junk yard.
All vehicles will be parked inside.
Building is approximately 12,000 sf.
Alternate parking can be provided in a covered shed in the rear of the lot.
Building is screened from Sullivan Avenue.
Parking is sufficient.
Transport trucks that belonged to Dave Caron have been removed.
Banach provided the following Planning report:
Banach submitted a letter from the applicant, dated 3/8/05 and a letter from Kuhns dated 3/18/05. (Exhibit B)
1. Request for site plan approval to operate a refinishing, repair and restoration business for automobiles and trucks in one of the existing buildings at 280-302 Sullivan Avenue, I zone. The applicant indicated that all work would be done within a building and there would be no outside storage.
2. The commission discussed this business on a preliminary basis a short time ago and concluded that the applicant could submit a site plan but that there are questions regarding both the specific business and the whole site that would need to be answered. The questions included:
How many vehicles would be serviced? How many employees?
What are the transport trucks that are on the site?
Is the subject building structurally sound or substandard? Code issues?
How are existing site drainage issues being addressed?
3. I have provided copies of both the applicant’s original letter to PZC and correspondence from the site owner, Tom Kuhns.
4. I did check with the Chief Building Official regarding the structural integrity of the existing buildings. He indicated that the structures are sound, and that the derelict appearance is not indicative of structural instability.
5. We had occasion recently to take photos of the existing drainage issue. Jeff Doolittle will talk more about the drainage in his report.
6. If this application is approved, staff request approval modifications that address both the drainage issue and an ongoing sewer issue that Jeff Doolittle will talk more about.
Doolittle provided the following Engineering report:
1. There is a problem with drainage in front of the swale, front of the site, parallel to Sullivan Avenue.
2. It is suppose to drain to the west towards where the railroad tracks cross Sullivan Avenue or connect into the State drainage system. The owner has been apprised of the situation and he has to contact the State and the railroad.
3. The sewers that were approved by WPCA with the previous application were never completed.
4. It is suggested that that the owner of the property return to WPCA to solve this issue.
Kuhns replied to the sewer situation by stating that he had hired a contractor to construct the sewer, who posted a bond, did part of the job and never returned; apparently the bond was cancelled. This results in Kuhns having to hire another contractor. The issues will be taken care of because the property is for sale and a buyer will not invest in a property that has outstanding issues. He continues to pay his bonds to the Town of South Windsor. The existing drainage problem is the swale. Snow is pushed up into the swale with rocks from the rip rap section and it has dammed the swale; the catch basin has no water in it. The swale was there prior to installing the sewer line.
Discussion ensued among the Commission members with the following comments and concerns. Replies will be in Italics.
· Constructing sheds in the front of the property. They are built on the property then shipped out to Lowe’s (display models). The landscaping has not been finalized because the shed builder has not provided shed footprints; and also because the sewer line installation is not completed. If this is an issue then the sheds can be constructed in the back of the building .
· Flooding on the property. A shed and asphalt were removed, this created a slope where there was no slope before, and that allows the water to fill in.
· Solid waste. There is a dumpster (on a concrete pad) which will be utilized and is not visible from the road.
· The applicant cannot move onto the site until the satellite issues of the property owner are resolved.
· The sewer is the largest issue because it was part of the WPCA approval three years ago and the owner has not honored his obligations.
· Amount of bond to correct the drainage. It is estimated at $10,0000.00.
Kennedy made a motion to approve application 05-24P, Dealer Appearance Repair, LLC with the following conditions:
This approval does not constitute approval of the sanitary sewer, which can only be granted by the Water Pollution Control Authority. Prior to occupancy of the site by the applicant, Dealer Appearance Repair, the conditions of the 2002 WPCA approval must be completed to the Town Engineer’s satisfaction.
Prior to occupancy of this site by the applicant, the owner of the property must clean the basin to the greatest extent possible to improve drainage. The owner shall furnish a bond in the amount of $10,000.00 for the completion of all work to correct the drainage which shall be subject to the approval of the Town Engineer.
Work shall be completed within eight (8) months.
Larsen seconded the motion. The motion carried and the vote was 5-1 with Kennedy, Larsen, Pacekonis, Sullivan, and Wentzell voting for the motion. Evans voted against the motion.
2. Appl 05-17P, M/S Town Line Associates, Inc Earth Filling Permit, request for site plan approval for earth filling to create a building pad at 90 Buckland Road, GD zone
Wentzell noted that Larsen was not present for the presentation of this application resulting in five Commissioners voting on it. Wentzell asked the applicant’s representative, Alan Lamson, if he was comfortable with proceeding with action on the application, or whether Mr. Lamson would prefer to wait until an evening when more Commissioners are present. Mr. Lamson indicated that he would prefer to move forward with action.
Kennedy made a motion to approve application 05-17P, M/S Town Line Associates with the following modifications:
1. Prior to commencement of any site work, a meeting must be held with Town Staff.
2. 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 to ensure compliance with erosion & sediment control measures.
3. All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
4. The Town Engineer’s review comments dated March 31, 2005, must be addressed to the Town Engineer’s satisfaction.
5. The site must be stabilized no later than the beginning of October 2005.
Evans seconded the motion. The motion carried and the vote was unanimous.
3. Appl 05-18P, Oulundsen’s TAEkwon-Do, request for a special exception to 6.1.3.9 to operate a TAEkwon-Do studio on property located at 259 Sullivan Avenue, I zone
Kennedy made a motion to approve application 05=18P, Oulundsen’s TAEkwon-Do with the following conditions:
1. In accordance with Section 6.1.3.9, openings on Saturday mornings will be 8:30 a.m.
Pacekonis seconded the motion. The motion carried and the vote was unanimous.
ITEM: BONDS: Calling/Reductions/Settings
Subdivision Bonds
App 04-72P, setting a bond in the amount of $403, 254, 00 for public improvements associated with Brightman Subdivision.
Kennedy made a motion to approve the above recommendation. Larsen seconded the motion. The motion carried and the vote was unanimous.
Reductions in the following bonds:
Appl 03-52P, Rye Springs Subdivision: Present amount #39,915.00, reduction $34,874, leaving a balance of $5,041.00
Appl 00-50P, Carla’s Pasta Erosion. Present amount is $5,000, reduction $5,000.00, leaving a balance of 0.
Appl 00-50P, Carla’s Pasta Wetlands. Present amount is $10,000.00, reduction $10,000, leaving a balance of 0.
Evans made a motion to approve the reduction of the above referenced bonds as referenced by Staff. Pacekonis seconded the motion. The motion carried and the vote was unanimous.
ITEM: Adjournment
Kennedy made a motion to adjourn the meeting at 9:45 p.m. Pacekonis seconded the motion. The motion carried and the vote was unanimous.
Respectfully Submitted,
Phyllis M. Mann
Recording Secretary
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