MEMBERS PRESENT: Chairman Timothy Wentzell, Sue Larsen, Bart Pacekonis, Patrick Kennedy, Clifford Slicer, Kevin McCann, and Sue Larsen arrived at the meeting at 8:00 p.m.
ALTERNATES PRESENT: Louise Evans sat for Larsen until she arrived at the meeting at 8:00 p.m.
Dan Jeski
Michael Sullivan sat for Gary Bazzano
STAFF PRESENT: Michele R. Lipe, Assistant Director of Planning
PUBLIC HEARING – MADDEN ROOM
Chairman Wentzell called the meeting to order at 7:35 p.m.
2. 1. Appl 05-53P, Rebecca Fusco & Daniel Galovich, request for special exception to Section 7.1.2.4.a.5 of the Zoning Regulations and site plan of development for the construction of a barn and creation of an outdoor arena in the 100 year floodplain on property located at 215 Main Street, A-40 and FP zone (continued from 10/11/05)
Lipe provided a status update. Hearing was kept open because the application pending sign had been up for only 8 days and assurance was required that all were notified. There are no outstanding comments.
Discussion ensued among the Commission with the following comments and concerns. Replies will be in Italics.
· Flooding. During the recent rain storm there was no water near the garage or the house; it did collect some in the middle of the field.
· Distances to sidelines involved in variances? Refer to Section 4.1.9.j of the Zoning Regulations – provides for an allowance for criteria to be waived when lot configuration does not allow for strict conformance.
Wentzell closed the public hearing at 7:40 p.m.
REGULAR MEETING – MADDEN ROOM
NEW BUSINESS:
Discussion/Decision/Action regarding the following:
PUBLIC PARTICIPATIION:
1. Appl 05-60P, Brian Blake DBA Brian’s Machine Service – request for site plan approval and a general repairer’s license for property located at 67 Commerce Way, I zone
Blake had the following comments in his presentation:
o Proposal is to rent a small space in an existing building.
Lipe provided a Planning Report to the Commission:
Application for site plan approval to occupy a portion of an existing industrial building, approximately 1,440 square feet, to operate a general repairer’s facility for motor vehicles from property located at 67 Commerce Way, I zone.
With this request, the applicant is seeking approval for a general repairer’s license which is issued from the DMV after receiving local zoning approval. This is the first application of this type in front of the PZC. Traditionally, Zoning Board of Appeals held public hearing on this application, however effective October 1, 2005 the law was changed and that authority has been transferred to the zoning agency for approval.
This use is being proposed under Section 6.1.2.7. This section relates to permitted uses in the industrial zone and states: “any other industrial uses except those specifically regulated as Special Exception uses under section 6.1.3, when authorized by the Commission. In determining the appropriateness of the use, the Commission shall consider the criteria listed under section 6.1.3.
Criteria include:
· 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 its proposed use;
· Adverse environmental impacts are not created;
· There is a balance between neighborhood acceptance and community need;
· Present and proposed utilities, streets, drainage system, and other improvements have adequate capacity to accommodate the proposed use
· Historic factors are adequately protected; and
· The overall physical appearance of the development is compatible with surrounding development and the Commission’s goals for the neighborhood.
The Commission may recall other similar type applications in this area – there are at least two other similar businesses operating on Commerce Way.
The applicant has submitted a plan which outlines the lease area as well as the parking spaces that will be dedicated to his use. He has indicated to staff that no vehicles will be left outside other than those waiting for owners to pick them up.
There is public water and public sewer available to the site. Fred Shaw, Sup’t of Pollution Control has visited the site and determined since there are no floor drains, no WPCA approval is required.
If this application is approved, the planning department has no modifications to request.
There were no engineering comments on the plan.
Discussion ensued among the Commission members with the following comments and concerns: Replies will be in Italics.
· Clarification of adjoining tenants. There are two other tenants.
· Clarification of parking. It is proposed to have 4 spaces in the front and 2 spaces in the rear.
· Body work. There will be no body work.
· Negative impact. No.
· Engineering report. There are no drains; there is a 275 gallon required oil drain tank inside (requirement from the MVD) – similar to a home heating oil tank.
· Use of antifreeze. Antifreeze is not disposed of – it is reused.
· Lift. There is a self contained lift.
· Building permits, etc. All permits are in place; applicant offers machine service – make parts for high end cars; these cars are not left outside.
· Environmental concerns. If a major spill occurs then 911 is called and immediately after that Environmental Services are called; most spills can be cleaned up in 20 minutes.
Kennedy made a motion to approve application 05-60P, Brian Blake dba Brian’s Machine Service with the following modification:
Parking spaces are limited to six (6) spaces outside the facility.
McCann seconded the motion. The motion carried and the vote was unanimous.
Appl 05-53P, Rebecca Fusco & Daniel Galovich, request for special exception to Section 7.1.2.4.a.5 of the Zoning Regulations and site plan of development for the construction of a barn and creation of an outdoor arena in the 100 year floodplain on property located at 215 Main Street, A-40 and FP zone
Kennedy made a motion to approve application 05-53P, Rebecca & Daniel Galovich with the following modifications:
No building permit will be issued until the final mylars have been filed in the Town Clerk's office.
Footing drains are required if the building has a basement.
The property must be fenced, in whole or in part, to contain the horses within the property.
All parking needs must be met on site.
Housing/stabling of horses is restricted to the rear yard of the premises. Use of trailers for stabling horses is not permitted. Outside feed troughs must be located at least 125 feet from the street, and 100 feet from any dwelling located on an adjacent property.
Manure shall not be allowed to accumulate to cause any health hazard, and shall be subject to inspection by the Health Officer. Fly control measures are required.
There shall be no outside storage of feed or bedding material.
This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission.
The Commission grants a waiver to allow the horse barn 26 feet from the side property line; 60 feet from the closest residence and 130 feet from the front property line.
The applicant should work with the Natural Resource Conservation Service to develop an agricultural waste program.
A street cut permit is required for the new driveway.
Equal cuts and fills required within the 100 year floodplain.
Pacekonis seconded the motion. The motion carried and the vote was unanimous.
3. Appl 05-57P, Nation zoning Amendment – request for an amendment to Section 6.1.3.9 of the Zoning Regulations to modify the regulations related to indoor recreational uses in the industrial zone
Lipe updated this application for the Commission and provided a handout of proposed changes to the regulations based on input at the public hearing.
Discussion ensued among the Commissioners with the following comments and concerns: Replies will be in Italics.
· Auction parking. This is an indoor facility, part of the narrative should address off site parking arrangements.
· It is positive thinking in reusing out of date industrial buildings for such a purpose.
· Accessory uses should be considered as a part of the special exception uses.
· Creation of the definition of ‘recreational’ is a difficult task because it means different things to different people.
· Separate entrance for area that serves alcohol is not necessary.
· No restriction on hours.
· Special Exception use requires additional information which puts the Commission in a better position to make a determination as to whether a Special Exception should be permitted or if conditions should be put placed on the approval.
· Impact of alcohol use – need a restriction.
· Possibility of this being a ‘casino type’ of facility. A gambling commodity is not allowed under Federal law.
· Definition of ‘recreation’ currently exists in the zoning regulations.
· Dances involved? Junior Prom would be ideal, dances would not disturb the neighbors.
· Mechanical rides are not desired. Accessory uses are under the control of PZC.
· Regulations have definitions of accessory uses.
· Adult oriented establishments as indicated in Section 5.2.2.16 are definitely prohibited.
· New definition for indoor recreation should be done.
· Indoor recreational activities have been allowed for some time.
· Regulations do have a definition of accessory use (Section 6.3.1.9); (Section 6.1.4 general provision).
Kennedy made a motion to adopt proposed used in Section 6.1.39 as drafted by the applicant and the following additions added to the end of the proposed regulation, 1) indoor recreational activities shall not include adult oriented establishments as defined by Section 5.2.2.16.2 of the Zoning Regulations; the hours of operation of the restaurant lounge shall not exceed the hours of the primary indoor recreation facility by more than two hours; the following information shall be provided at the time of application: 1) a general floor plan which illustrates the layout of the proposed uses: 2) a narrative detailing such items as: the hours of operation, the proposed uses, the frequency of the accessory uses, e.g. auctions; 3) and any other information relevant to the operations of the facility. PZC finds this in compliance
with the Plan of Development and the Regulations will be effective upon publication. McCann seconded the motion.
Discussion ensued with the following comments:
· Statement outlining hours and uses is desired.
· Hypothetically facility could be a 24-hour operation, i.e. South Windsor Arena.
· A good regulation should be defined.
The motion carried and the vote was 5-2 with Wentzell, Sullivan, Kennedy, McCann, and Slicer voting for the motion. Larsen and Pacekonis voted against the motion.
4. Appl 05-51P, Juknis Subdivision, request for two 90 day extensions for recording of mylars
Kennedy made a motion to grant two (2) 90-day extensions for the above referenced application. Larsen seconded the motion. The motion carried and the vote was unanimous.
APPLICATIONS TO BE OFFICIALLY RECEIVED
1. Appl 05-64P, Hawkes Site Plan – request for site plan approval for the construction of a 1,200 sf garage associated with a tree cutting business, for property located at 305 Sullivan Avenue, I zone
2. Appl 05-65P, TOSW Recreation Department – request for renewal of a 1-year temporary and conditional permit for a 16 sf sign for future location of the Boundless Playground, on property located at 150 Nevers Road, RR zone
ADJOURNMENT:
Kennedy made a motion to adjourn the meeting at 9:00 p.m. McCann seconded the motion. The motion carried and the vote was unanimous.
________________________________ respectfully submitted
Date Approved
Phyllis M. Mann
Recording Secretary.
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