MEMBERS PRESENT: Chairman Timothy Wentzell, Kevin McCann, Sue Larsen, Bart Pacekonis, Patrick Kennedy, and Gary Bazzano
ALTERNATES PRESENT: Michael Sullivan sat for Clifford Slicer
Louise Evans sat for Kennedy during hearing and deliberations of application 05-30P, Doggone Beautiful Dog Grooming
STAFF PRESENT: Marcia A. Banach, Director of Planning
Jeffrey Doolittle, Town Engineer
PUBLIC HEARING – COUNCIL CHAMBERS
Chairman Wentzell called the meeting to order at 7:32 p.m.
Larsen read the legal notice as it was published in the Journal Inquirer on Thursday, April 28 and Thursday, May 5, 2005.
1. Appl 05-03P, Teaberry Estates – Special Exception to Article 4.1.12 and Site plan of development to create a 25 unit Senior Residence Development on property located on the easterly side of Ellington Road and northerly side of Quarry Brook Drive, RR zone (continuation)
Banach reported that IWA/CC approved this application on May 4th with no unusual approval conditions and a $30,000.00 bond for E & S Control.
Attorney Atherton Ryan, representing the applicant had the following comments in his presentation:
§ Agreement has been reached for connecting the Clark Residence to public water. This agreement was signed by the Clarks, JMJ, and Unity Church.
§ Easement from the Podunk Ridge Condominiums has been granted and there is a signed agreement in place that has been signed by Podunk Ridge and JMJ. This easement is contingent upon the approval of the Teaberry Estates plans by PZC and that the easement is granted to the Town of South Windsor with maintenance of the drainage structures within the easement the responsibility of the Town of South Windsor.
§ A document, “The Initial Rules of Teaberry Estates Owner’s Association, Inc.” was submitted for the record. (Exhibit A)
There were no reports from Planning and Engineering at this time.
Wentzell requested input from the public.
Rachelle Clark, 909 Ellington Road, stated that an agreement is in place between JMJ, Unity Church, and the Clarks. The Clarks are satisfied with the agreement to provide an adequate and safe drinking water supply.
Larsen read into the record from Michael Schobinger, 89 Quarry Brook Drive, dated May 8, 2005. (Exhibit B)
Discussion ensued among the Commission members with the following comments and concerns: Replies will be in Italics.
· Driveways of units 11, 12, 13, and 14 and decrease in the size of the island in the cul-de-sac as requested by Town Staff and provided per letter submitted by Karen Isherwood, is not desired. What are preferred are the original plans that were submitted on April 25th.
Banach noted that discussion in this portion of the public hearing was to cover wetlands issues and other items were discussed. Her concern was that people didn’t attend this meeting because they were under the opinion that only wetland issues would be discussed.
Wentzell closed the public hearing at 7:45 p.m.
2. Appl 05-30P, Doggone Beautiful Dog Grooming, request for a five year major home occupation for a dog grooming business at 1162 Ellington Road, A-20 zone
Nancy Palauskas, owner of the business had the following comments:
ü She has been a groomer for 20 years.
ü She shows dogs and received a certification for pet grooming in 1991.
ü Her history involved working in grooming shops, vet hospitals, and kennels.
ü Purchased the property on Ellington Road in 1999 with intention of opening a grooming shop.
Banach provided the following Planning report:
This is an application for a 5-year major home occupation to operate a dog grooming business to be known as “Doggone Beautiful Dog Grooming,” from property located at 1162 Ellington Road, A-20 zone.
The applicant has submitted a narrative defining the scope of the business. She has indicated that this business will specialize in the grooming of poodles and other small breeds. The hours of operation are three days a week, open some Saturdays with a maximum of four dogs per day.
The applicant has indicated that she will be utilizing a 13’ X 18’ room that has an existing entrance separate from the main entrance to the house.
The reasons for requiring PZC approval are to ensure that:
the home occupation is clearly secondary to the use of the building for dwelling purposes;
the home occupation is compatible with other permitted residential uses in the residential district;
the residential character of the dwelling and the neighborhood are preserved, and;
all residents have freedom from excessive noise, excessive traffic, nuisances, fire hazards offensive odors and pollutants, and other possible effects of commercial uses being conducted in residential areas.
Performance criteria that must be met include:
Maximum of 25% of the floor area can be used for the occupation;
occupation cannot be visible from outside the dwelling unit;
dwelling must contain the character of a single family dwelling;
no entrance or exit may be added solely for the occupation;
no more than one non-resident employee allowed;
the occupation cannot create a volume of passenger or commercial traffic that is inconsistent with the normal level of traffic on the street;
all parking needs must be met on-site; and
the Commission may require screening of additional parking from the street and from adjacent residential properties.
The applicant has submitted a sketch showing a 40’ X 50’ existing parking area. There is enough room on site for cars to turn around before exiting onto Ellington Road.
There is an office building to the east of this site. There is about 100 feet separating distance between this applicant's’ house and the nearest house to the west. The land behind the house to the north is wooded wetlands, with no houses. We have provided some pictures of the site to illustrate the parking area as well as existing vegetative screening that currently exists between this site and the commercial office building to the east. (Pictures are a part of the packet provided to the Commission).
The State Dept of Agriculture regulates grooming facilities in homes and has standards including that the grooming area shall be kept disinfected, cleaned and sanitary at all times.
The applicant has indicated that there may be one other employee involved in the business during the holiday season.
The regulations allow for a two square foot, non-illuminated sign, and the applicant has provided a sketch of that sign.
Fred Shaw, Sup’t of Pollution Control, has reviewed the proposal. He has indicated that the owner must provide separately for business generated waste and recyclable collection and disposal including dog wastes (as is true with all home occupations). The waste generated by the home occupation cannot be included with the residential trash pickup.
If this application is approved, the applicant will complete a home occupation form, which contains acknowledgment that the applicant will abide by criteria contained in the zoning regulations. The applicant would also be required to return to this Commission upon expiration of the 5-year permit period.
There were no engineering comments.
No one from the public spoke in favor of or against this application.
Larsen read into the record a letter from Margaret M. Shea, 266 Abby Road, dated May 9, 2005. (Exhibit C)
Discussion ensued among the Commission members with the following comments and concerns: Replies will be in Italics.
· Placement of dogs before and after grooming. The room where the grooming will be done is a 13’ x 18’ room that is in the basement with a walk out entrance, dogs will be crated. State Regulations say that a dog cannot be kept over four hours unless additional care is provided – 3 hour turnaround is usual.
· Dogs being outside. No, all dogs will be inside where it is heated and air conditioned.
· Clarification of vinyl structure. That is a canvas cover over the runs for her private dogs off the rear of the house.
· Clarification of any other occupation within the house. The applicant is an occasional breeder for show dogs.
· Buyers come to the house to purchase dogs? Yes
· Number of litters per year. One or two litters per year
· Number of dogs per day for grooming. Approximately 4 dogs per day.
· A mobile home and van is shown in the aerial photo. That is the applicant’s camp trailer and van.
· Sufficient parking for customers. Yes
Wentzell closed the public hearing at 7:55 p.m.
REGULAR MEETING – MADDEN ROOM
NEW BUSINESS:
Discussion/Decision/Action regarding the following:
1. Appl 05-32P, Patria Office Building, request for site plan approval for office use to an existing building at 1676 Ellington Road, RC zone
David Patria had the following comments in his presentation:
Ø Proposal is to use a small existing structure as a real estate business.
Ø Appropriate parking will be provided.
Ø There will no alterations made to the structure.
Ø Handicap bathrooms and ramps will be provided.
Banach provided the following Planning report.
Request for site plan approval for office use of the existing building at 1676 Ellington Road, RC zone. This is the former site of Kamco Florist, and the existing building housed both the business and the residence of the owner. Maximum impervious coverage allowed is 65%, 4.7% proposed. Lot size is 1.5 acres; minimum lot size allowed is 30,000 sq ft. Frontage is 160 ft; minimum allowed is 150 feet. Front yard setback is 50 feet, 65 feet required; this is an existing nonconforming structure.
Two variances were granted in November 1996, to allow a residence with the commercial use; and to allow a larger sign.
The building is served by both a well and a septic system, exact locations not provided. The Town Sanitarian has indicated that normally a conversion from residential to commercial use requires the applicant to meet the Public Health Code, which requires a separating distance between the well and septic system of 75 feet. This is a public health and safety requirement, so that customers and employees aren’t drinking water that might be contaminated by leachate from a septic system. An old 1976 report in the Town Sanitarian’s files notes that the well and septic system do not meet the public health code separating distance. Staff is unable to determine whether the separating distances are met. The Town Sanitarian agrees that the locations of the well and septic tank need
to be established.
We do note that a water test was done in 1999 by the previous occupant, and the water tested potable. The State Dept of Health staff member that took the sample indicated in his test result letter that he was surprised that the water tested potable. The bottom line is that in the event the existing water and/or sewer service end up being inadequate, public water and sewer are available in Ellington Road.
This application includes construction of a new gravel parking area. The previous owner constructed a circular driveway to Ellington Road with no permits; this application removes the illegal driveway. The parking requirement for this use is 7 spaces, 11 spaces shown. In the previous approval, the Commission required the applicant to show a walkway from the rear parking lot to the entrance. This plan does not show a walkway. Also, the Commission should think about whether sidewalks should be installed along the frontage. There are no sidewalks adjacent to this property, but there is a sidewalk from about 1736 Ellington Road to the corner of Community Road.
There are regulated wetlands at the rear of the property. A minimal impact permit has been issued for this application.
There are no dumpsters proposed at this time. If dumpsters are used, they must be located on a concrete pad and screened. The Town’s residential trash collection service cannot be used for commercial disposal.
If this application is approved, staff has no other approval modifications except as already noted.
Doolittle provided the following Engineering report.
I have reviewed the site plan application for the David Patria site at 1676 Ellington Road, and I have the following comments:
The applicant needs to verify the location and condition of the septic system (tank and general location of leach field) or connection to the public sanitary sewer for this site and show it on the plan.
The well location and condition needs to be verified and shown on the plan.
The breaks or cuts in the pavement in the driveway need to be repaved.
The handicap parking needs to be paved. The existing parking space in front of the garage could be widened to meet the standards for handicap parking spaces.
The existing slope on the west side of the property needs to be shown and any impact the proposed parking has on this slope. Also show the large tree on the west side of the building. Will this tree be saved?
Add a hard surface walkway from the proposed parking to the front door so people do not have to walk on the driveway.
Discussion ensued among the Commission members with the following comments and concerns. Replies will be in Italics.
· Clarification of use. Real Estate Offices.
· No medical offices? No.
· Connection of sidewalks to 1786 Ellington Road.
· Clarification of sign and its hardship. Variances run with the property, whether or not the “hardship” presented at the time the variance was granted is still relevant to this application.
Kennedy made a motion to approve application 05-32P, Patria Office Building 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.
An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.11 of the Zoning Regulations.
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.
Pavement markings must be maintained in good condition throughout the site drives and parking areas.
The location of both the well and the septic tank must be established in order to determine the site’s compliance with the Public Health Code. Upon documentation of the locations, the Town Sanitarian will determine whether any corrective action is needed.
A walkway between the new gravel parking area and the entrance must be provided.
A concrete sidewalk, built to Town specifications, must be installed along Ellington Road frontage.
The Town Engineer’s review comments dated May 6, 2005, must be addressed to the Town Engineer’s satisfaction.
McCann seconded the motion. The motion carried and the vote was unanimous.
Appl 05-03P, Teaberry Estates – Special Exception to Article 4.1.12 and Site plan of Development to create a 25 unit Senior Residence Development on property located on the easterly of Ellington Road and northerly of Quarry Brook Drive, RR zone
Kennedy made a motion to approve application 05-03P, Teaberry Estates with the following conditions.
1. 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. This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission, including a bond in the amount of $30,000 to ensure compliance with erosion & sediment control measures. Erosion & sediment control bonds must be posted prior to commencing any site work.
4. An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.10 of the Zoning Regulations.
5. A landscape bond in the amount of $10,000 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.
WPCA approval is required. A hold harmless agreement and permission to enter form will need to be provided to the Town to allow the refuse & recycling vehicles to enter the site.
The street number(s) must be included on the final plan.
The Town Engineer’s review comments dated March 22, 2005, must be addressed to the Town Engineer’s satisfaction.
Concrete sidewalks shall be installed along Ellington Road to the edge of the Mill on the River parking lot.
The signed agreement between JMJ Construction, the residents of 909 Ellington Road, and Unity Church to hook up the property at 909 Ellington Road to public water must be submitted prior to any construction.
The signed drainage agreement between the Podunk Ridge Condominium Association and JMJ Construction must be submitted prior to any construction.
A fence must be provided along the westerly side of the detention area.
Units 9, 10, and 16 to be reversed to remove driveways from cul-de-sac. Pavement width of cul-de-sac to be determined by Town Engineer.
Evergreen plantings to be added to cul-de-sac island.
Square footage of three season rooms must be included in the allowable unit sizes.
Larsen seconded the motion.
A discussion ensued about the number of driveways on the cul-de-sac. Doolittle noted that Isherwood was responding to comments of the Engineering Department. This is an endeavor to conform to the public improvement specs that are required for all SRD’s, i.e., there shall be no more than 3 driveways on a cul-de-sac. Isherwood showing driveways just touching at the curb is a good faith effort to try to conform to the public improvement specs although technically they do not. Isherwood has worked very hard with the Engineering Department in trying to achieve this. It is realized that the one house that has a front loaded garage is a trade off and there was willingness on the Engineering Department to have that trade off. Decreasing the number of driveways on the cul-de-sac to 5 was
accomplished by flipping two of the units around. The other thing was that the cul-de-sac island itself was reviewed. The larger island would be difficult to negotiate given the width of the pavement and the radius of the island. An island in the Stone Crossing subdivision was used as an example for this particular cul-de-sac and island. Snow plows, delivery trucks, garbage trucks, etc. can maneuver very well. The reduction of the island was requested to allow the maneuverability of large vehicles. The outside radius is not smaller, just the island. Too many driveways provide a challenge for snow storage.
Banach noted that it is difficult to plow snow with too many driveways, with Fitch Meadow as a good example. It should also be noted that in addition to driveways there are mailboxes, garbage cans, and utilities, in between driveways which results in no place to put the snow. The more separate driveways there are, the smaller the spaces between the driveways. Moving two driveways together so they are just touching each other really does result in larger spaces available to put snow.
McCann made a motion to amend the original motion by adding that approval is based on the plans as submitted on April 25th, i.e. units 11, 12, 13, & 14 shall be constructed as shown on the original plan, and units 9, 10 & 16 shall be constructed as shown on the revised plans; width of the roadway shall be as recommended by the Town Engineer. Pacekonis seconded the motion and Kennedy accepted this as a friendly amendment.
Pacekonis made a motion to amend the original motion by adding that evergreens shall be planted in the center of the cul-de-sac. Larsen seconded the motion. The motion carried and the vote was 5-2 with Wentzell, Larsen, Pacekonis, Bazzano, and Sullivan voting for the motion. Kennedy and McCann voted against the motion.
Banach indicated that sunrooms have not been counted toward the square footage in past reviews. The rest of the SRD’s and DRZ’s (which have the similar maximum square footage requirements) have been exempted by the Commission. A ruling in the 1990’s stated that as long as a 3-season room stayed that way, they would not count toward the square footage of the unit. This is a change of policy for PZC.
Wentzell said that it is time to review the regulations for SRD’s in general. It is not desired to put large houses on small lots. The intent of the SRD’s was to allow economically viable living for people who wanted to continue to live in South Windsor. The execution has strayed from that original intention. If this application is not approved with sun rooms they will be built later on as a 3-season rooms and probably converted into 4-season rooms. McCann noted that sunrooms as additions at least result in further staff review, thus providing a cautionary warning to the homeowner not to convert to all-season.
McCann made a motion to amend the original motion by adding that 3-season rooms shown on the approved site plan must be included when calculating living area of the units. Larsen seconded the motion. The motion carried and the vote was 4-2 with Larsen, McCann, Pacekonis, and Sullivan voting for the motion. Kennedy and Bazzano voted against the motion. Wentzell abstained.
The original motion was called and the vote was unanimous.
3. Appl 05-30P, Doggone Beautiful Dog Grooming, request for a five-year major home occupation for a dog grooming business at 1162 Ellington Road, A-20 zone
Evans sat for Kennedy who had recused himself.
McCann made a motion to approve application 05-30P, Doggone Beautiful Dog Grooming with the following conditions:
The business must be operated by the homeowner.
The permit will expire on May 10, 2010, and will have to be renewed at that time.
Only one non-resident employee can be hired.
Hours of operation are limited to four days a week (including Saturdays).
Refuse from the business cannot be disposed of with residential refuse. Adequate arrangements must be made for business refuse disposal.
Any new building, or alteration/additions to existing buildings and signage, requires a building permit prior to start of construction.
Business not to be open on Sundays.
Larsen seconded the motion.
Evans made an amendment to the motion that operation of the business would not include Sundays as stated in the application. McCann accepted this as a friendly amendment.
The motion carried and the vote was unanimous.
IWA/CC Bond:
1. Appl 00-53P, Watson Farms Stormwater Control Structures
Present amount is $10,000.00, reduction in the amount of $10,000.00, leaving a balance of -0-.
Kennedy made a motion to approve the recommended reduction of the above referenced bond. Pacekonis seconded the motion. The motion carried and the vote was unanimous.
MINUTES:
The minutes of April 12, 2005 and April 19, 2005 were accepted by consensus of the Commission.
OTHER BUSINESS:
Banach said that LA Fitness wanted to reverse the wall colors from the original approved plans, i.e., dark on the top and lighter on the bottom. The sign has been redesigned and is lighter now. The request met with approval of the Commission, with the modification that the proportion of dark to light EIFS must be adjusted so that the building does not look top-heavy.
Banach noted that a ribbon cutting for MASSCONN was being held on Wednesday, May 11, 2005 and the Commission was invited.
ADJOURNMENT:
Pacekonis made a motion to adjourn the meeting at 9:05 p.m. Kennedy seconded the motion. The motion carried and the vote was unanimous.
________________________________ respectfully submitted
Date Approved
Phyllis M. Mann
Recording Secretary.
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