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PZC Minutes 7/26/05

MEMBERS PRESENT:        Chairman Timothy Wentzell, Kevin McCann, Patrick Kennedy, Clifford Slicer, Bart Pacekonis, Sue Larsen, and Gary Bazzano

ALTERNATES PRESENT:     Michael Sullivan sat for Sue Larsen on appl. #05-40P and appl. #05-43P
        Louise Evans sat for Garry Bazzano on app. #05-40P and appl. #05-43P

STAFF PRESENT:  Marcia Banach, Director of Planning
        Joseph Perna, Project Engineer

REGULAR MEETING – MADDEN ROOM

Chairperson Wentzell called the meeting to order at 7:30 p.m.

ITEM:  Public Participation

Mr. Paul Aitner, 19 Deepwood Drive came before the Commission to speak regarding application #05-43P, Juknis Interior Lot.  Commission members explained that the Commission received a revised plan which derived from input and comments at the public hearing, but the public hearing is closed so further public comments are not allowed.  Plans are available for review at the Planning Department; planning and engineering staff are available to review plan details with residents.

Ms. Susan Aitner of 19 Deepwood Drive came before the Commission and stated that she did not remember the public hearing being closed.  Chairperson Wentzell explained that there was no reason found by the Commission to leave the public hearing open.

ITEM:  New Business

1.      Appl 05-40P, William Mangino, request for a renewal of the two-year temporary and conditional permit to allow two apartments on property located at 272 Pierce Road, RR zone

Commissioner Sullivan sat for Commissioner Larsen on this application.  Commissioner Evans sat for Commissioner Bazzano on this application.  Commissioner Slicer recused himself from this application.

Motion to:      approve with conditions appl. #05-40P, William Mangino, for a renewal of the two-year temporary and conditional permit to allow two apartments on property located at 272 Pierce Road, RR zone.

Was made by Commissioner Kennedy

Conditions

This approval is for an in-law apartment for a family member/relative only. 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. Instead, the kitchen must be removed and the living area must be converted into other living space for the main dwelling.
This permit will expire in two years, on July 27, 2007, and will have to be renewed at that time if the use is to be continued.  Owner(s) of the property must reside in the apartment or the main dwelling unit. Reaffirmation of occupancy by owner will be required every two years. This will be done via a letter from the Planning Department requesting the reaffirmation of occupancy.
3.      Any new building, or alterations/additions to existing buildings, require a building permit prior to start of  construction.

Seconded by Commissioner Evans
The motion:  carried
The vote was as follows:  unanimous

2.      Appl 05-43P, Juknis Interior Lot, request for special exception to 4.6.1 and resubdivision to create one new building lot on property located at 477 Foster Street, AA-30 zone

Commissioner Sullivan sat for Commissioner Larsen on this application.  Commissioner Evans sat for Commissioner Bazzano on this application.  

Joe Perna, Project Engineer for the Town of South Windsor reviewed the revised plans that were submitted by the Engineer.  The following can be handled as conditions of approval:

1.      A catch basin was added to the roadway; it is preferred that the catch basin be changed to a flat top catch basin in the roadway so that it will facilitate the collection of runoff in the new proposed drainage swale.
2.      The plans should be labeled “grade to drain”.
3.      The limits of clearing on the northerly property line should be staked out by a licensed surveyor to prevent any problems during construction.

Other revisions include elimination of the drywell, which has been replaced with a drainage swale along the northerly property line to pick up runoff from the driveway, foundation and roof.

Answering questions from the Commission, Mr. Perna explained that the swale has been engineered with a berm which will prevent runoff from flowing to the north.  It is recommended that the property line and limits of clearing be staked out in order to not disturb any trees that are not on the property.

Commission members discussed their concerns regarding the amount of trees that will need to be removed in order to accommodate the proposed swale.  There was also a conversation concerning the possible relocation of the driveway, or placing curbing on the north side of the driveway.  The driveway is proposed to be gravel so this option would not be viable.  The Commission discussed this issue further and noted that the application could be denied without prejudice in order to address drainage issues.

Motion to:      deny without prejudice appl. #05-43P – Juknis Interior Lot, for a special exception to 4.6.1 and re-subdivision to create one new building lot on property located at 477 Foster Street, AA-30 zone.

Was made by Commissioner McCann
Seconded by Commissioner Evans
The motion:  carried
The vote was as follows:        5 to 1 with Wentzell, McCann, Pacekonis, Sullivan and Evans voting in favor of the motion and Kennedy voting against the motion

Motion to:      amend the motion to include waiving the fee for appl. #05-43P – Juknis Interior Lot if another application is submitted.

Was made by Commissioner McCann
Seconded by Commissioner Evans
The motion:  carried
The vote was as follows:  unanimous

3.      Appl 05-34P, Evergreen Run, request for site plan approval for an 11,220 sf and 16,530 sf retail buildings on property located at 90 Buckland Road, Buckland Gateway Development zone (continued from July 12)

Alan Lamson, AIA, FLB Architecture & Planning, came before the Commission to represent this application.  He explained that there were discussions with Town staff regarding the three options for resolving the sight line issue at the driveway:   modifying Lowe’s parking lot to remove the actual sight line obstruction; traffic calming in this area to reduce the speed of traffic; or relocating the driveway to get adequate sight distances.

Mr. Steve Mitchell, Manager of Transportation Engineering with F.A. Hesketh, explained how each option would work. The optimal solution is to reconstruct the Lowe’s retaining wall and re-grade the area to make it flat enough to have visibility.  The parking in that area would need to be pulled back which would result in a net loss of six parking spaces.  This is part of Lowes property and there are presently discussions taking place between the applicant and Lowes.  The second option is to relocate the driveway.  Relocating the driveway to the east would have wetlands disturbance. Relocating the driveway to the west would place the driveway into the queueing lanes for the traffic signal, so it was felt that this would not be an appropriate way to deal with this situation.  The third options is traffic calming measures, which include replacing the first Lowes parking lot intersection (just around the curve) with a speed table; reducing the travel lanes in both directions by 10’; constructing a center median with low landscaping; decreasing the downhill radius;  and installing a 17’ high flashing beacon.  These measures are felt to be adequate for this area.

Marcia Banach, Director of Planning, explained that of the three options, Town staff prefers the modification to the Lowes parking lot because it is the option that actually resolves the sight line issue.  It is recommended that if the Commission approves this plan tonight, a condition should be placed on this application which states that if a resolution with Lowes is not reached, the applicant should reapply to this Commission for a modification.

Commission members discussed at length the three options presented.  Commissioners noted that their preference would be to have both the Lowes parking lot modification and the traffic calming measures, minus the flashing traffic beacon. The applicant requested that the Commission table the application to allow additional time for the applicant to work with Lowes.

Motion to:      table appl. #05-34P – Evergreen Run, request for site plan approval for an 11,220 sf and 16,530 sf retail buildings on property located at 90 Buckland Road, Buckland Gateway Development zone.

Was made by Commissioner Pacekonis
Seconded by Commissioner Larsen
The motion:  carried
The vote was as follows:  unanimous

4.      Appl 05-38P, 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

Motion to:      untable appl. #05-38P, The Grillo Family Limited Partnership

Was made by Commissioner McCann
Seconded b Commissioner Kennedy
The motion:  carried
The vote was as follows:  unanimous

Peter DeMallie from Design Professionals came before the Commission to represent this application.  Mr. DeMallie submitted seven letters showing how many operatory rooms other dentist offices have, and the number of parking spaces each has (attachments A, B, C, D, E, F & G).  Mr. Grillo is proposing five operatory rooms and twenty-two parking spaces, which is 4.4 parking spaces per operatory.  The parking will be to the rear of the building as required by the Gateway Development Zone.  The site has been redesigned in order to accommodate access management.  If Floral Expressions would like to use access through this site, it is now available to them.  The property to the north will also have access if they would like to in the future.

Galen Semprebon, Director of Engineering with Design Professionals, came before the Commission.  He explained that the original design was a circular driveway that provided direct access into the building.  Based on voiced concerns regarding access management, the lot was reconfigured and now requires ramps to allow entrance into the building.  A handicap ramp will be provided at the side of the sidewalk. During construction, the existing sanitary later will be located and used.

Marcia Banach noted that she had spoken to the owner of Floral Expressions, who demonstrated a quick understanding of the need for and benefits of sharing driveways and indicated that  if she was contacted by the applicant she might be amenable to interconnecting the two sites.

Answering questions from the Commission, Mr. Semprebon explained that alternatives were looked at for storm drainage, but it was discovered that the detention basin was the most feasible alternative.

Mr. DeMallie reviewed their request, stating that the amount of operatory rooms being proposed has been reduced from six to five.  If it is found that the parking is adequate, the applicant may return to request the use of a sixth operatory room.  Mr. DeMallie then told Commission members the variances that were approved by the Zoning Board of Appeals.  Ms. Banach stated that Town records indicate a facade of the existing house with improvements and a parking lot of twenty-five spaces.  It seems fair to assume that the Zoning Board of Appeals was under the impression that the existing house would be used.  Commission members had a lengthy discussion on the variances that were approved and what the assumptions were in regard to this application.

Motion to:      approve with conditions appl. #05-38P, The Grillo Family Limited Partnership, for site plan approval for the construction of 3,158 sf dentist office on property located at 498 Buckland Road, GD zone.
Was made by Commissioner Kennedy
Seconded by Commissioner McCann

Commissioner McCann seconded the motion with an amendment to the motion that the building would only be used for general dentistry.

Commissioner Kennedy accepted the motion.

Further discussion ensued, with several Commissioners noting that they would be voting to deny as they would have preferred to see a legal opinion from the Town Attorney regarding the validity of the variances now that the existing house is being essentially removed.

Motion to:      table appl. #05-38P, The Grillo Family Limited Partnership, request for site plan approval for the construction of 3,158 sf dentist office on property located t 498 Buckland Road, GD zone.

Was made by Commissioner Pacekonis
Seconded by Commissioner Larsen
The motion:  carried
The vote was as follows:        5 to 1 with Commissioner Wentzell, McCann, Larsen, Pacekonis and Slicer voting in favor of the motion and Commissioner Kennedy voting against the motion

Motion to:      discuss Bonds prior to Review/Discussion of Zoning Regulations and Application Policy and Procedures.

Was made by Commissioner Kennedy
Seconded by Commissioner McCann
The motion:  carried
The vote was as follows:  unanimous

ITEM:  Bonds

Site Bonds

Appl 02-22P, Berry Patch I

Kennedy made a motion to establish a bond in the amount of $4,800 for installation of sidewalks along Ellington Road.  Pacekonis seconded the motion.  The motion carried and the vote was unanimous.

Appl. 02-22P, Berry Patch I, present amount is 196,000, reduction in the amount of 72,200, leaving a balance of 123,800.

Kennedy made a motion to reduce the above referenced bond.  Slicer seconded the motion.  The motion carried and the vote was unanimous.

Subdivision Bonds

Appl 04-27P, Brightman Circle, present amount is $403,254, reduction in the amount of $283,472.00, leaving a balance of $119,782.

Kennedy made a motion to reduce the above referenced bond.  Pacekonis seconded the motion.  The motion carried and the vote was unanimous.

IWA/CC Bonds

Appl 02-58P, Parksite Plunkett Webster erosion & sedimentation bond, present amount is $5,000, reduction in the amount of $5,000, leaving a balance of $0.
Appl 02-58P, Parksite Plunkett Webster detention basin, present amount is $20,000, reduction in the amount of $20,000, leaving a balance of $0.

Appl 02-38P, AMK Welding, present amount is $2,500, reduction in the amount of $2,500, leaving a balance of $0.

Appl 04-29P, Daniel’s Electric, present amount is $2,000, reduction in the amount of $2,000, leaving a balance of $0.

Appl 03-08P, Podunk Ridge, present amount is $10,000, reduction in the amount of $10,000, leaving a balance of $0.

Kennedy made a motion to release the above referenced bonds.  Pacekonis seconded the motion.  The motion carried and the vote was unanimous.

Landscaping Bonds

Appl 02-58P, Parksite Plunkett Webster, present amount is $25,000, reduction in the amount of $15,000, leaving a balance of $10,000.

Appl 02-38P, AMK Welding, present amount is $1,000, reduction in the amount of $1,000, leaving a balance of $0.

Appl 02-22P, Berry Patch I, present amount of $10,000, reduction in the amount of $5,000, leaving a balance of $5,000.

Wentzell questioned the reduction of the Parksite landscaping bond, due to the need for additional screening. Banach noted that that is why staff recommended a reduction to $10,000 rather than a release of the bond. Kennedy made a motion to release or reduce the above referenced bonds.  Pacekonis seconded the motion.  The motion carried and the vote was unanimous.

ITEM:  Other Business

Application Policy and Procedures

Commission members discussed scheduling of applications, with a concern about meetings following public hearings because of the late hour at which Commissioners are acting on applications. Also, applications that are submitted with unfinished plans or with items that will automatically require the public hearing to be continued, such as no wetlands permit, should not be scheduled for a hearing until all items are in.  The Chairperson and staff set the agenda and will use discretion in setting up the agenda so that there will not be a need for two public hearings. Also, staff will stop scheduling public hearings and action meetings on the same night, unless the public hearing is for a very short item.

5.      Review/discussion of zoning regulations and revisions thereto (see attached matrix).

Ms. Banach asked if Commissioners would set a special meeting to discuss the regulations because of the late hour. Commissioners agreed they would prefer to do this. Ms. Banach asked Commissioners to consider the following items, in addition to the remainder of the matrix items:

·       Temporary signs: Have become an issue at 5-corners. Does the Commission want to address, or could it be resolved with a community bulletin board?
·       Signs on buildings: Must they always be flat to the building?
·       Recreational activities in Industrial zones: Having had some successes, do we now want to include indoor recreation uses in the regulations?
·       Dealer & Repairers License: Effective October 1, a statutory change moves these hearings from ZBA to PZC. What level of review does the Commission want to do?
·       Note that the current revision eliminates garage as a requirement in single-family residential zones because there is no public health & safety rationale to that requirement (similar to the removal of minimum floor areas that differ among zones).
·       Art/sculptures in yard setbacks: Do we want to apply the setback waiver for art and sculptures that is currently in the Gateway Development zone to the other zones?

The meeting adjourned at 10:05 p.m.




________________________________                        Respectfully submitted:
             Date Approved

                                                                Deborah W. Reid
                                                                Recording Secretary.