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PZC Minutes 11-14-06
MEMBERS PRESENT:        Chairman Patrick Kennedy, Gary Bazzano, Louise Evans, Bart Pacekonis, Michael Sullivan, Cliff Slicer, Suzanne Choate.
        
ALTERNATES PRESENT:     Danial Jeski, David Sorenson


STAFF PRESENT:  Michele Lipe, Assistant Director of Planning
        Jeff Doolittle, Town Engineer
        
PUBLIC HEARING – COUNCIL CHAMBERS

Bazzano read the legal into the record as it was published in the Journal Inquirer on Thursday, November 2 and Thursday, November 9, 2006.

1.      Appl 06-35P, Nicholson Interior Lots – request for special exception to article 4.6 and site plan of development for the creation of one interior lot on 9 +/- acres for property located at R036 Main Street (easterly side of Main Street and southerly of Pleasant Valley Road), A-40 zone

Application 06-35P, Nicholson Interior Lots was withdrawn by the applicant.

2.      Appl 06-48P, Dental Services of South Windsor, LLC – request for special exception to article 5.6.3 and site plan of development for a dental office at 1169 Ellington Road, A-20 zone
Michael Lloyd and Tim Coon of J.R. Russo & Associates presented the application referenced above:

The lot at 1169 Ellington Road is 31,352sqaure feet and currently consists of a professional office building that is 1,572 square feet with a parking lot in the rear of the building surrounded by landscape berms on three sides.  The existing building is non conforming to the front setback line; current run off from the site flows into the back into the parking lot and runs in an easterly direction and eventually leaves the property.

A 1,439 square foot addition is proposed and the curb cut to be relocated in order to improve the site lines and reduce hazards.  The existing parking lot is to be expanded.  Variances for this lot have been received; impervious coverage and buffer line in rear have been allowed a variance.  

Existing utilities will serve the addition and a drainage study has been submitted.  The landscape plan submitted was reviewed along with lighting.  IWA/CC and ADRC have granted approval.

Lipe gave the following planning report:

Request for Special Exception to Section 5.6, Office Conversion Overlay Zone, and site plan approval to renovate the existing building at 1169 Ellington Road, A-20 zone. Maximum impervious coverage allowed is 40%; a variance was granted in November 2005 to allow up to 56.8%.  Proposed building height is 29 feet; 30 feet allowed. Lot size is 31,350 sq ft; minimum lot size allowed is 30,000 sq ft. Frontage is 200 feet; minimum allowed is 150 feet. Front yard setback is existing nonconforming at 29.5 feet, 40 feet required. A variance was granted to allow a two foot overhang on the non-conforming structure.
The Office Conversion Overlay Zone was enacted “for the purpose of allowing conversions of existing structures in the underlying residential zones to professional offices and to facilitate the preservation of historic structures, where deemed appropriate by the Commission taking into consideration such factors as proximity to commercial uses or zones, traffic volumes, amount of commercial traffic, and the suitability of the land for office conversion.” Such conversions are only allowed on Buckland Road, Oakland Road, Ellington Road between Governors Highway and Five Corners, John Fitch Blvd, and Sullivan Avenue.
This site was originally a two-family house but was converted to commercial offices via a variance granted in 1972. There is a professional office building in an RO zone directly across Ellington Road to the north, and Strawbridge condominiums directly to the south. The main Fire Headquarters is located to the east of Strawbridge’s entrance drive.
There are both the standard Special Exception criteria and specific Office Conversion criteria that must be met. The Special Exception criteria include:
·       Traffic impacts will not be detrimental to the residential character of the neighborhood;
·       There will be minimal adverse effects on existing residential uses in the area;
·       Surrounding property values will be conserved and the character of the neighborhood will not be unduly disrupted;
·       Impacts will not be detrimental to the capacity of present and proposed utilities, streets, drainage systems, sidewalks, and other infrastructure;
·       The land is physically suited to the proposed use and minimal adverse environmental impacts are created; and
·       Due consideration to preservation of historic factors has been determined.
Individual Office Conversion Overlay criteria that must be met include:
·       The building shall have been constructed prior to 1920.
·       The lot has an area of not less than 30,000 sq ft.
·       The lot has frontage of not less than 150 feet.
·       An adequate line of sight entering and exiting the site is provided based on CT DOT standards.
·       Side and rear yards shall contain landscaped buffers of ten feet in width. (The provisions of the general buffer section do not apply.)
·       Any addition to the structure shall not be greater than 100% of the floor area of the existing first floor.
·       Uses shall be restricted to professional offices; generally types of offices which operate during “typical” office hours Monday through Friday. Examples listed include doctors/dentists.
·       Wherever existing structures on the lot have historic or architecturally redeeming features, efforts shall be made to preserve and/or enhance those features.
The driveway has been relocated so that it is farther away from the Strawbridge condominiums entrance drive.
The parking requirement for this building is 43 spaces. The applicant has shown 34 spaces and 9 reserve spaces.
The Architecture and Design Review Board reviewed this site on September 7, 2006. They were generally satisfied with the plan, with two comments:
·       The applicant is to provide details of the proposed sign to ADRC; and
·       ADRC recommended that the applicant reduce the height of the proposed light poles from 20 feet to 12-14 feet. It was indicated that the reduction in pole height would probably add another light pole.
The applicant has modified the plan to show reduced height light poles (12 feet), and added 2 light poles. Staff note that the specified pole light fixtures on sheet 6 do not match the model numbers on the light fixture cut sheet (which show full cutoff fixtures); this should be corrected on the final plan.
There is a 10-foot buffer requirement in the Office Conversion Overlay Zone. A variance was granted to allow an 8-foot buffer along the rear yard to accommodate the existing parking area. The applicant is proposing a combination of arborvitae and white pines for the perimeter screening.
There are no regulated wetlands on site. IWA/CC approved the conservation plan on October 18 with a $3,000 erosion & sediment control bond and no unusual approval conditions.
South Windsor Police Department and the Fire Marshal have no comments on the plan.
Public water and sewer are available. Water Pollution Control Authority approval is not required.
There is a dumpster shown on a concrete pad with screening.
If this application is approved, in addition to that which has already been mentioned, the Planning Dept. requests that the ZBA approval letters be reproduced on the plans.
Doolittle had engineering comments:

·       DOT needs to be contacted to relocate the driveway and a permit is needed.
·       Impervious coverage needs to be clarified.
·       Where the parking spaces abuts the sidewalks, the sidewalks should be widened from 5 feet to 6 feet.
·       An 18 inch yard drain should be changed to a 24 inch drain.
·       Area of reserve parking should be labeled for the pervious pavers.

There were no comments from the public.
Discussion ensued among the commissioners: (Responses will be in italics)

Evans:  Will the existing building remain?  Yes, there is an existing portion of the building on the west side which will be expanded to accommodate an elevator shaft.  The façade from the road will remain the same.  Additional plantings will be added to the buffer.  The existing sign will be redesigned.

Lipe:  The sign would need to be submitted for additional approval.

Pacekonis: Wanted clarification on the size of the parking spaces- On the layout plan, 9x18’.

Sullivan:  When was the original structure built?  Maybe 1920.  Was deferred parking spaces considered when calculating drainage runoff?  Yes.

The public hearing closed at 7:55pm

REGULAR MEETING – MADDEN ROOM
NEW BUSINESS:
Discussion/Decision/Action regarding the following:

Chairman Kennedy called the meeting to order at 8:00p.m.

Annual Meeting
a.      Election of officers.

Bazzano made a motion to nominate Patrick Kennedy as Chairman.  Choate seconded the motion.  The motion carried unanimously.

Evans made a motion to close nominations and have secretary cast one vote for Kennedy as Chairman.  Pacekonis seconded the motion.  The motion carried unanimously.

Sullivan made a motion to nominate Clifford Slicer as Vice Chairman.  Bazzano seconded the motion.  The motion carried unanimously.

Evans made a motion to close nominations and have secretary cast one vote for Pacekonis as Vice Chairman.  Pacekonis seconded the motion.  The motion carried unanimously.

Sullivan made a motion to nominate Gary Bazzano as Secretary.  Choate seconded the motion.  The motion carried unanimously.

Pacekonis made a motion to close nominations and have secretary cast one vote for Bazzano as Secretary.  Slicer seconded the motion.  The motion carried unanimously.

Review of Bi-laws:  There were no items discussed.

1.      Appl 06-46P, A & S Boats, Inc. – request for approval for a site plan modification for outdoor display and storage of boats on property located at 729/735 John Fitch Boulevard, GC zone

Tim Coon of J.R. Russo & Associates presented the application along with the applicant:

Landscaping, parking and a display area are proposed on the site plan.  The changes are to make the site more esthetically pleasing and allow for outdoor display, differentiating it from outdoor storage.

Lipe had the following questions and comments: (Answers in italics)

Is there a phase 1 and phase 2?  Phase 1 was the building. Phase 2 improvements will include new curbs, fruit trees and display boats along the back.  The Fire Marshal commented that there needs to be a fire hydrant added on the street.

Discussion ensued among the commissioners:

Choate:  The concern with the application tends to be with the display and how much of it there is.  Storage needs to be screened and/or in the back.  The site plan shows a lot of boats.  Only a few of the items you sell need to be displayed.

Bazzano:  The display in the front of the building is not a concern.  It is with the parking area on the south side of the site plan.  There should be more trees to buffer the storage area in this location.  Display should be of different styles of boats.

Evans:  Clarification is needed regarding the display and if the public comes in to see the boats based on display.  Yes, the display brings in customers.

Slicer:  We are trying to limit the amount of storage vs. outdoor display.  Originally 5 boats where going to be displays, now it is 12.  The building, as it is now is not attractive, but the plans for landscaping and screening will enhance the site.  As it is now, 80-90% of your frontage is display.  

Discussion continued regarding the screening of outdoor storage as apposed to the display in the front.  Plantings could be used for screening.

Evans:  The plans do look better than the original plans submitted.  

Slicer:  You have made an effort to address the commissions concerns.

Pacekonis:  Whatever is planted on the island, the size of the island needs to be considered.

Bazzano made a motion to approve with the following modifications, Appl 06-46P, A&S Boats, Inc.:

Prior to commencement of any site work, a meeting must be held with Town Staff.
A landscape bond in the amount of $2,000 is required and must be submitted prior to filing of mylars.  
All bonds must be in one of the forms described in the enclosed Bond Policy.
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.
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.
All free standing signs and/or building signs require the issuance of a sign permit before they are erected.
Fire hydrant must be added to the front of the site.
Additional plantings of ornamental grasses are to be added to the green area to the west of the parking area to provide screening of boats.
Slicer seconded the motion.  The motion carried unanimously.

2.      Appl 06-48P, Dental Services of South Windsor, LLC – request for special exception to article 5.6.3 and site plan of development for a dental office at 1169 Ellington Road, A-20 zone

Evans made a motion to approve with standard conditions, Appl 06-48P, Dental Services of South Windsor, LLC:

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 $3,000.
A landscape bond in the amount of $2,000 is required and must be submitted prior to filing of mylars.
All bonds must be in one of the forms described in the enclosed Bond Policy.
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.
All free standing signs and/or building signs require the issuance of a sign permit before they are erected.
The Town Engineer’s review comments dated 11/2/06 must be addressed to the Town Engineer’s satisfaction.
The light fixture specifications on the plan must match the cut sheet for full cutoff fixtures.
ZBA approval letters must be reproduced on the plans.
Choate seconded the motion.  The motion carried unanimously.

3.      Discussion regarding wood burning furnaces

Discussion ensued among the commissioners regarding concerns of air quality surrounding the use of outdoor wood burning furnaces.  

Slicer:  Black, thick smoke is a result of using these furnaces.  

Choate:  Can they be prohibited?  Lipe:  Yes.

Kennedy:  It would take enforcement from the Planning Department for this to be effective.

Evans:  Safety can be an issue.  Living next door would affect quality of living.  How would the 55 foot chimney be anchored?  

Lipe:  Department of Environmental Protection would be contacted with complaints.

Sullivan:  If the town enacted ordinances for measuring air pollutants at property lines then the wood burning furnaces could be regulated.

Discussion continued covering concerns about air quality, safety and how to regulate or prohibit outdoor wood burning furnaces.

It was the consensus of the commission that staff would draft a zoning amendment prohibiting outdoor wood burning furnaces.

4.       04-72P, Brightman Circle Subdivision, request for a 10 lot conventional subdivision on 10.5+ acres of property located on the southerly side of Miller Road and easterly side of Nevers Road, AA-30 zone– Request for change order for street trees on lot.

5.      Review/approval of meeting schedule for 2007

Evans made a motion to approve the PZC meeting schedule for 2007, Choate seconded the motion.  The motion carried unanimously.

6.      Appl 04-72P, Brightman Circle Subdivision, 10 lot conventional subdivision on 10.5+ acres of property located on the southerly side of Miller Road and easterly side of Nevers Road, AA-30 zone- request for change order of street trees

Bazzano recused himself and Jeski sat in.

John Rosetti of 15 Brightman Circle presented the above request for a change order of the street trees to be planted on the street tree easement.  (See exhibit A)  The reason for the request is that Japanese maples are a personal preference.  

Kennedy:  Is there an interest that the Manchester Police Department has is this request due to the fact that your letter is on Manchester Police Department letterhead?  

Rosetti:  Bruce Kelley requested something in writing stating that I wanted him to stop planting due to my requesting a change order.  I did it from work.

Karl Reichle, Tree Warden, Town of South Windsor:  (See exhibit B)  The exhibits clarify the powers and duties of the tree warden and also show photographs of the trees scheduled for planting by the town.  The landscape architect hired by the builder worked directly with the town to plan for the best plantings in the street tree easement.  The street tree easement is taken very seriously.  The branches will not interfere with the sidewalks.  There are not any health issues according to the resident requesting the change order.  The plan calls for uniformity with the rest of the street.  If the trees are well maintained, they will be here for many generations.  As the tree warden, I am concerned that the trees will not be taken care of.

Evans:  I am concerned by the antagonistic tone of Mr. Rosetti’s letter.  The commission goes through a lot of trouble to put a street tree easement in place.

Sullivan:  The owner of the property has been told he can plant Japanese maples on his lot.  The trees chosen are for the enjoyment of the neighborhood.

Sullivan made a motion to deny Appl 04-72P, Brightman Circle Subdivision request for a change order, Slicer seconded the motion.  The motion carried unanimously.

7.      7 Sedgewick Circle – request for a waiver to increase the size of residential dwelling by 450 square feet

Exhibit C was submitted to the commission by Patricia Cross of 7 Sedgewick Circle explaining the request and how granting the waiver will not adversely affect the development; the unit will remain affordable; the unit will be aesthetically pleasing.  Photograph 1 is of a home with the increase in size over the garage and photograph 2 is of 7 Sedgewick before the increase.

Lipe had the following planning comments:  The pictures submitted were to show what the impact would be.  Two of the additions done previous to this application have issues where one did not have zoning sign off and the building permits can not be found for the other.  Staff would recommend that the expansion would be limited to the space above the garage.

Evans made a motion to grant a waiver to expand the home above the garage.  The applicant demonstrates good cause and the expansion will not include a change in the footprint of the structure.

Sullivan seconded the motion.  The motion carried unanimously.

8.      Community Crusade for Children -Discussion regarding a vacant warehouse at 55 Corneau Way in the I-291 Corridor Development zone.  

Lipe presented the request.  The applicant would like to use the warehouse for storage of donated clothing that is currently being stored in three other warehouses.  Eight to ten trucks per week will be visiting the site to drop off and pick up clothing for distribution.  The applicant would like to buy the building and would like a consensus from the commission that this will be a permitted use.

It is the consensus of the commission that delivering and storing clothing is a permitted use at 55 Corneau Way.

BONDS: Callings/Reductions/Settings
Bond settings

Appl 06-31P, Copper Ridge Subdivision - Engineering recommends a bond in the amount of $380,000.  Based on work completed to date this bond can be reduced by $262, 100 leaving a balance of $117,900.

Evans made a motion to approve the setting of a bond for Appl 06-31P, Copper Ridge Subdivision in the amount of $380,000 and reducing it to $117,900.  Choate seconded the motion.  The motion carried unanimously.  

Bond Reductions
Appl 04-72P, Brightman Circle – Choate made a motion for the subdivision bond in the amount of $119,782 to be reduced to maintenance level by $79,482 leaving a balance of $40,300.  Pacekonis seconded the motion.  The motion carried unanimously.   

Appl 05-68P, DePietro Subdivision – Choate made a motion for the subdivision bond in the amount of $58,600 to be reduced by $42,900 leaving a balance of $15,700.  The motion carried unanimously.

Appl 06-31P, Copper Ridge Subdivision – Choate made a motion for the subdivision bond in the amount of $380,000 to be reduced by $262,500 leaving a balance of $117,900.  The motion carried unanimously.

Lanscaping Bonds
Appl 04-38P, LA Fitness – Pacekonis made a motion for the landscaping bond in the amount of $15,000 to be reduced by $10,000 leaving a balance of $5,000.  Choate seconded the motion.  The motion carried unanimously.

Appl 03-28P, Evergreen Walk – Pacekonis made a motion for the landscaping bond in the amount of $50,000 to be reduced by $40,000 leaving a balance of $10,000.  Chaote seconded the motion.  The motion carried unanimously.

IWA/CC Bonds
Appl 04-38P, LA Fitness – Sullivan made a motion of the IWA/CC bond in amount of $12,500 to be released, leaving a balance of $0 as well as the IWA/CC bond in the amount of $50,000 to be released leaving a balance of $0. Bazzano seconded the motion.  The motion carried unanimously.

Appl 03-28P, Evergreen Walk – Sullivan made a motion of the IWA/CC bond in the amount of $50,000 to be released, leaving a balance of $0 as well as the IWA/CC bond in the amount of $60,000 to be released leaving a balance of $0.  Bazzno seconded the motion.  The motion carried unanimously.

Appl 04-72P, Brightman Circle – Engineering recommends a $27,000 bond be established for the sidewalks along Nevers Road associated with the Brightman Circle Subdivision.  Bazzano made a motion to approve the setting of the bond in the amount of $27,000, Slicer seconded the motion.  The motion carried unanimously.

MINUTES:
ADJOURNMENT:
Choate made a motion to adjourn the meeting at 9:30p.m.  Pacekonis seconded the motion.  The motion carried and the vote was unanimous.

Respectfully Submitted:




Recording Secretary