MEMBERS PRESENT: Chairman Patrick Kennedy, Gary Bazzano, Michael Sullivan, Bart Pacekonis, Louise Evans, Suzanne Choate and Cliff Slicer.
ALTERNATES PRESENT: Dan Jeski and David Sorenson
STAFF PRESENT: Marcia Banach, Director of Planning, Jeff Doolittle, Town Engineer
PUBLIC HEARING – COUNCIL CHAMBERS
Chairman Kennedy called meeting to order at 7:30p.m.
Bazzano read the legal as it was published in the Journal Inquirer on Thursday, April 27, 2006 and Thursday, May 4, 2006.
1. Appl.06-19P, Watson House Bed & Breakfast, request for renewal of a two year temporary conditional permit for a bed and breakfast at 1876 Main Street, A-40 zone
Mike and Brandy Feldmeier, Owners of the Watson House, requested that the temporary and conditional permit be renewed for another two years.
Banach gave a planning report.
Request for renewal of the Temporary and Conditional Permit granted in February 1997 for a Bed and Breakfast facility located at 1876 Main Street, A-40 zone. The most recent permit expired on April 14, 2006.
The T & C permit was for a Bed and Breakfast facility, with the following conditions:
The residential character of the dwelling unit and property must be maintained.
The maximum length of stay shall be 14 days consecutively per calendar year per guest.
One nonlighted wooden sign, of a design that is compatible with the design of the dwelling and not to exceed 4 square feet is allowed.
No meals other than breakfast shall be provided; and guest rooms may not contain provisions for cooking. No meals shall be provided to the general public if not guests of the Bed & Breakfast.
An owner must live on the premises
At the time of the last renewal, the Chief Building Official required the Bed & Breakfast use and occupancy as a single-family dwelling to conform to the new State building code requirements for Bed & Breakfast use. Both the Fire Marshal and Building Official have requested a condition of approval requiring a re-inspection of the facility to ensure that it meets all of the current codes.
If this application is approved, the Planning Dept. has no other modifications to request.
There were no engineering comments.
There were comments from the public.
Walter Mealy, 111 Dogwood Lane: The character of the building has been maintained since it has been brought back to life. The Feldmeier’s have been good neighbors.
There were no comments from the commission.
Public Hearing closed at 7:35 p.m.
2. Appl.06-11P, Castro Resubdivision – request for a resubdivision to create one new lot on property located at 7 Andreis Trail (corner of Abbe Road Ext. and Andreis Trail), A-20 zone
Galen Semprebon of Design Professionals presented the application:
The applicant is requesting that the 1.47 lot be subdivided into two lots. Lot 1 being .96 of an acre and Lot 2 being .50 of an acre. Lot 1 has an existing house. The proposed lot would access off of Abbe Road Extension. Comments from the Town Engineer have been responded to May 8th.
Banach gave a planning report.
1. Request for approval of a resubdivision to create 1 new lot located on the corner of Abbe Road and Andreis Trail, A-20 zone.
2. Minimum lot size required in the A-20 zone is 20,000 sq ft with 100 foot of frontage.
3. There is no open space requirement for this subdivision, as the applicant is creating less than 6 lots.
4. There are no regulated wetlands on the site therefore no IWA/CC approval is required.
5. The applicant is proposing one driveway cut from Abbe Road Extension. The construction of this drive requires the removal of some of the trees in the town’s ROW. The applicant will be required to coordinate the removal of these trees with Karl Reichle, the Town’s Tree Warden.
6. There are no sidewalks shown in front of this lot; and there are no sidewalks along Abbe Road Extension.
7. The site will be serviced by public water and sewers. WPCA approval is required.
8. If this application is approved, the planning department has no additional modifications to request.
Doolittle had engineering comments:
1. More detailed grading is needed around the back of the proposed house to show where the surface water will go that is coming off the remaining lot at 7 Andreis Trail and the hill to the east. It appears some of this water will flow down the proposed driveway and some will flow up to the back of the house. A more defined swale is needed to carry this water around the house.
2. Provide details of the pumped sewage system including design calculations for the pump, volume of the storage tank, pump controls, alarms, etc. Include an external emergency power supply hook-up.
3. Show a detail for the connection of the proposed 2” pressure pipe into the existing sanitary manhole and gravity system. The 2” pressure pipe should be connected to a 6” gravity stub that flows into the existing manhole.
4. WPCA review and approval is required for this proposed subdivision.
There were public comments.
Nancy Yario, 20 Andreis Trail: The curb cut is a concern. The park creates a lot of traffic. If our property was given a curb cut in the back, it would be safer.
Al Schindler, 108 Andreis Trail: The rural nature of the park is important. The proposed house with access to Abbe Road Extension is not a good idea. Zoning was created a certain way so that land would be preserved, changing zones to squeeze in more houses works against the original plan.
Discussion ensued among the commissioners. (Responses will be in italics)
Sullivan questioned the safety of the curb cut and if there are any restrictions or prohibition. Doolittle: The proposed lot fronts on Abbe Road and does not have access to Andreis Trail. The driveway location meets the standards of the engineering department. There is no prohibition for driveways on any road. When Andreis Trail was built it was determined that the driveways would access this road, not Abbe Road Extension. Driveways were to be on streets with less traffic than more. Originally, Abbe Road Extension was intended to go all the way through and be a major collector.
Sullivan: As a response to public comments regarding zoning and squeezing out land, does this application meet zoning requirements? Banach: Squeezing out land is an opinion. The subdivision regulations are law and the application meets the requirements of the subdivision regulation.
Evans: When Andreis Trail was built, was there comments regarding subdivision? Banach: The subdivision map on file does not have restrictions. Signs were up on Andreis Trail and Abbe Road Extension. Abutter letters would not be required to be sent to houses across the street.
Jeski: Will these additional lots have sidewalks. Doolittle: There are not sidewalks now, so there are no plans for new sidewalks.
Public Hearing closed at 7:50 p.m.
3. Appl.06-13P, Depietro Estates Subdivision and Special Exception to Article 4.6 of the zoning regulations - request by Woodwright Homes, Inc. for a 7 lot subdivision (including one interior lot) of 9.5+/-acres for property located at 428 and 450 Pleasant Valley Road, A-20 and I zone
Galen Semprebon of Design Professionals presented the application:
There are two homes on the two existing lot with a proposed seven lots to be subdivided. A zone change has been approved from industrial to A-20. There will be six frontage lots and one interior lot. There is a 100 foot buffer between this property and the industrial zone owned by J.E. Shepard. The subdivision is designed with shared driveways as requested by the commission to cut down on the amount of curb cuts.
Landscaping plans were discussed as well as sewer hook-ups.
Banach gave the following planning report:
Request for approval of a resubdivision and Special Exception to create one interior lot and for conventional lots on property located 428 and 450 Pleasant Valley Road, A-20 zone. These properties were recently rezoned by this Commission from Industrial to A-20 zoning.
There are two existing houses that would remain along Pleasant Valley Road.
The requirements for conventional lots in the A-20 zone are 20,000 sf lot size with 100 feet of street frontage.
The requirements for interior lots in the A-20 zone include: 60,000 sf minimum lot size and 150 feet minimum lot width. The proposed interior lot would be over 2.5 acres in size and in excess of 300 feet in width.
The criteria for approval of interior lots include:
the subject area’s boundary configurations, topography, soils or other natural resource characteristics;
proximity to neighboring properties and dwelling units;
restriction of existing views;
proposed buffering/screening;
potential drainage, traffic & environmental impacts
driveway locations, slopes & sight lines
utility service capabilities
property value impacts; and
future land use alternatives.
Pleasant Valley Road is considered a minor arterial, therefore shared drives are required. Access to the interior lot and three other house lots is proposed to be a common 18’ wide paved drive off of Pleasant Valley. The driveways servicing the new interior lots will include a turn-around for emergency vehicles. The Fire Marshal has reviewed the plans and is satisfied with the emergency access provisions and driveway width.
The interior lots will be served by public sewers and public water. The sewers will connect to Pleasant Valley Road. WPCA approval is required.
There are no regulated wetlands on the new lots. The application received IWA/CC approval with the following conditions: a $2,000 bond for erosion and sedimentation control and the requirement of a limited access easement to limit vegetation clearing on lot #5.
There is a buffer requirement along the westerly and northerly boundary. The applicant is proposing approximately 100 evergreens (Norway spruce, Austrian pine and eastern white pine), 6’ in height and has provided the required buffer cross-sections.
There is no screening proposed between the existing houses and the two back lots. They Commission may want to consider requiring screening along the property line.
The applicant has will be establishing a new street line (ROW) with this application, 30 feet in width as this is a collector road. There is a 10’ wide street tree easement shown along the Pleasant Valley Road frontage in which the applicant is proposing 3” caliper pin and red oaks.
There are two significant oak trees along Pleasant Valley Road that will become town owned with the establishment of this new street line. Karl Reichle, the Town’s tree warden has recommended that an arborist evaluate these trees and the appropriate measures be taken to protect and preserve the trees during construction (or remove them before the town takes over ownership of the trees).
If this application is approved, the Planning Dept. has no further approval conditions to request.
Doolittle gave the following engineering report:
1. The proposed street line needs to be shown and labeled 30 feet from the center of the road. The proposed ROW area needs to be conveyed to the Town by a quit claim deed. This road is classified as a minor arterial and our ROW requirements would normally be more than 60 feet, however we believe a 60 ft ROW is sufficient for this road.
2. The proposed house on lot 2 and existing house at #428 need to share a common driveway.
3. To minimize the number of road patches show only be one road patch where different utility trenches are dug through the road close to each other. The utilities at the end of the proposed common driveway and any nearby utilities for lots 4 and 6 need to be repaired with one common patch.
4. All proposed driveways should be paved with Bituminous Concrete and labeled as such. Provide a turn around for fire trucks at the end of the common driveway to lots 1 and 5.
5. Show elevations including high and low points on the proposed driveways.
6. Show the existing septic systems and label them to be abandoned for the existing houses at 428 and 450 Pleasant Valley Road.
7. Show the potable water supplies for the existing houses at 428 and 450 Pleasant Valley Road.
8. Provide calculations showing that a minimum velocity of 2.5 fps will be achieved in the 8” common sewer lateral at 0.5% slope serving lots 1 and 5. If this can not be achieved a greater slope will be required on this sewer pipe.
9. Check that there area no sightline obstructions from the proposed common driveway along Pleasant Valley Road (such as trees, shrubs, signs, utilities, etc.) If there are these items will have to be relocated.
10. Include some appropriate landscape plants in the depression between lots 1 and 5 where the foundation drains daylight. This area should be a small rain garden.
11. Change Note 8 on sheet 5 to say Pleasant Valley Road…cuts will require a permit from the Town of South Windsor.
12. WPCA review and approval is required for this proposed subdivision.
There were no comments from the public. Discussion ensued among the commissioners.
Sorenson: How important is it to have a common area for foundation drains? Doolittle: Each house has to have foundations drains but don’t have to be in the common area. It would benefit both properties if they were in the common areas in this case. It was suggested that the depression be landscaped as a rain garden.
Evans: Would the applicant be willing to landscape between the lots in the rear and the front? Scott Kelley: Yes we would. Evans: Are the drive for the four houses are going to be twenty feet in width? Scott Kelley: Yes.
The responsibility for the driveway maintenance will be shared by all four homeowers.
Bazzano: Is the maintenance requirements included in the deeds? Scott Kelley: The deeds have not been drafted.
Choate: Are there sidewalks on Hilton Drive? Scott Kelley: No. Do you have an issues on providing a rain garden as recommended by the town engineer? We are looking to provide the lawns and the home owners to do their own landscaping. Choate: The concern is by leaving only grass with a depression, it might get filled in and cause adverse effects on drainage. By landscaping they would be less likely to destroy it. The depression is very slight and keeping it grass won’t bring attention to it.
Public Hearing closed at 8:10 p.m.
Sullivan recused himself from the meeting and Jeski will sit.
4. Appl.06-14P, CL&P Substation Expansion – request by CL&P for site plan approval for the expansion of the existing substation located on the easterly side of Barber Hill Road, southerly of the Dzen tree farm, RR zone
Jeff Towle, Project Manager for CL&P, presented the application along with CL&P’s attorney Marianne Dubuque.
Mr. Towle discussed the existing site conditions for the substation and the proposed modifications. The project started about 1 year ago. At the April 19, 2006 IWA/CC public hearing, approval was granted. Meetings with neighbors were planned and specifics of the project were the topic of discussion.
The purpose of the project is to improve the reliability and keep up with load growth in the area. Currently there is two lines and in an emergency if one line is out, the existing line will not handle the load. Mr. Towle explained how the new lines will be connected to the proposed substation addition and how existing lines would be re-routed or abandoned.
Marianne Debuque explained the substation’s jurisdiction. General statutory procedures call for local agencies to be included to provide input. Local regulations are not controlling. Broader public interests are considered when determining the impact the project will have on the local area.
Banach gave the following planning report:
1. Request for site plan approval to upgrade and expand the CL&P substation on Barber Hill Road, RR zone. Electric utility equipment has been located at this site since at least 1957 according to the assessor’s records. Electric utility transmission lines were a permitted use as of right in 1957. The current zoning regulations still allow utility transformer stations, as a special exception use, in the RR zone. Maximum impervious coverage allowed is 50%. Lot size is about 25.5 acres. Front yard setback to the fence is 114 feet; the nearest equipment is about 150 feet from Barber Hill Road. The expansion as proposed basically holds the existing southern
edge of the substation, with the bulk of the expansion to the north. The driveway will be relocated with a more southerly entrance to lessen the grade.
2. The Connecticut Siting Council has ultimate jurisdiction over the utility substation, but State statutes have provided local zoning and inland wetlands commissions with the authority to regulate and restrict certain utilities, including electric substations. We have received correspondence from the applicant’s attorney, Maryanne Dubuque, that presents an analysis of the Commission’s role in approving the proposed expansion. Copies of the attorney’s correspondence have been provided to Commissioners. Attorney Dubuque also provided several samples of case law regarding this issue; I can provide copies of those cases to any Commissioner who
wants to review them.
3. We have asked the applicant to provide screening around the north perimeter of the expansion. The plans indicate a planting area to the south where existing transmission lines are being removed. We will need details of the proposed planting.
4. There are regulated wetlands on the site. IWA/CC approved the plan on April 19 with a requirement that autumn-olive in the abandoned line area should be eradicated in order to allow native species to colonize.
5. The South Windsor Police Department and the Fire Marshal have reviewed the proposal and have no comments.
6. CL&P has indicated that they may install a septic system. If so, it needs to be shown on the final plan and will require Town Sanitarian approval. Public water will be extended in Barber Hill Road to reach the substation.
7. Staff have indicated to CL&P that this is an area with poor cell phone coverage, and a telecommunications tower on one of the tall transmission poles would be advantageous. The Police Department would also like to see expanded coverage in this area. To date, CL&P has indicated that they can probably accommodate that request.
8. If this application is approved, the Planning Department requests no additional approval modifications other than as already noted.
Doolittle gave the following engineering comments:
The project engineering is addressing concerns regarding drainage. On the northwest side of the site there is a retaining wall that needs to be labeled more clearly with top and bottom elevations on the plans. A street cut permit will be necessary for the driveway relocation.
There were no comments from the public. Discussion ensued among the commissioners.
Choate: Would a cell tower be a possibility at this location? CL&P would work with the town to place a cell phone tower if carriers agreed. Clarification was made on which lines would be removed.
Public Hearing closed at 8:30 p.m.
Sullivan arrived back at the meeting. Choate recused herself and Sorenson sat in.
5. Appl.06-12P, RSK Kellco, Inc Zone Change – request for a zone change of approx. 7.58 acres from Rural Residential to A-20 Residential for property located at 849 Pleasant Valley Road (southerly side of Pleasant Valley Road, approx. 225 feet west of LeFoll Boulevard)
Peter DeMallie of Design Professionals presented the application along with Owner of property, Bruce Kelley.
The location of the property was described and the size of each lot is ½ acre. The abutting 193 lot subdivision (Pleasant Valley Homes) is entirely within the A-20 zone.
The area north-west to the property are non conforming to the RR zone.
The applicant is proposing a single family subdivision with 8-12 lots. It will be served by a cul-de-sac street which is an extension of Nancy Drive. (It may not be called Nancy Drive)
Mr. DeMallie discussed the history of area subdivisions and their approval process.
Access to the proposed subdivision will be through an approved road stub and not through Pleasant Valley Road. Town staff have agreed that this access is more desirable. The homes will be somewhat larger than the existing houses in the area. Mr. DeMallie discussed the style of homes, their sizes and prices as well as how they should be compatible with the existing homes.
Banach gave the following planning report:
1. Request for zone change from RR to A-20 for property located at 849 Pleasant Valley Road. The total area of the requested zone change is 7.6 acres. The minimum lot size in the new A-20 zone is 1/2 acre, minimum lot size in the existing zone is one acre. Frontage in the A-20 zone is 100 feet; 175 feet is required in the existing RR zone.
2. The Town Plan depicts this area as Residential, categorized by residential development in a variety of types, sizes, and densities. The site is surrounded by A-20 to the north, south, east and partially to the west; the remainder of the land to the west is zoned RR (see GIS map).
3. Section 16 includes criteria for zone change:
How the zone change compares with the Comprehensive Plan of Development;
How the land shall be secured from flooding and other dangers;
How the land upstream and downstream in the same watershed shall be secured from flooding and other dangers;
How the land shall be served by water, sewerage, transportation, and other public utilities; and
How the proposed zone change will affect any wetlands in the area.
4. The possible uses in this zoning category include, in addition to single-family housing, farming uses, keeping of horses and ponies, municipal buildings, Town parks and playgrounds, places of worship, schools, housing for the elderly and senior residence developments.
5. A zone change is the appropriate time to discuss traffic impacts. It is anticipated that this property will be accessed solely by the existing right-of-way from Nancy Drive, not from Pleasant Valley Road. Staff do not have traffic concerns about the small number of lots that could be created whether the subject property is in either the RR or A-20 zones.
6. There is no buffer requirement between single-family zones.
7. The wetlands map does not show any regulated wetlands on this site.
8. There are public water and sewer in both Nancy Drive and Pleasant Valley Road. WPCA approval will be required.
9. A subdivision or site plan would be required prior to any use of this site with the exception of one single family house.
10. If this zone change is approved, the Commission must state on the record that you have found the zone change to be consistent with the plan of conservation and development.
Doolittle had the following engineering comments:
1. Show generally where and how the stormwater from this property will be directed into the Towns stormwater system. A drainage study will be required with any development applications to show that the existing system (including pipes, structures and detention basins) is sized to handle the post development stormwater flows from this property at it is proposed to be zoned and developed. Modifications of the existing stormwater system may be necessary based on the zone change and proposed development.
2. There is considerable groundwater flow from the hill on this property down toward Nancy Drive and lots on 15-17 and 15-19 on Dawn Drive. Any storm drainage system proposed on this property will have to collect the groundwater flow to alleviate any drainage issues with existing lots and streets at the bottom of the hill, as well as prevent any drainage issues with the proposed development on this property.
3. Where will the sanitary sewer for this property be connected to the existing Town sanitary sewer system? Verify that the existing sanitary sewer system is sized to handle the anticipated sewer flows from this property as it is proposed to be zoned.
4. Access to this property (including any proposed roads and driveways) needs to be from the existing road stub on Nancy Drive.
Comments from the public:
Gene Sullivan, 834 Pleasant Valley Road: Concerns are with the loss of the farm land and traffic on Pleasant Valley Road. We are looking to the commission for protection and consideration for existing neighborhoods when approving new ones.
Martin Fiori, 12 Lefoll Boulevard: How many houses are going into the subdivision? Can a buffer be considered? Concerns are with traffic, stop signs and speed.
Eleni Sciarree, 88 Dawn Drive: Concerns are with the size of the subdivision, wetlands and how drainage will be taken care of. The impact on the schools needs to be considered. Seven or eight houses could be a consideration for a number of lots. Traffic flow and safety is a concern.
Mike Petri, 34 Lefoll Boulevard: Concerns are with the traffic flow and the buffer. Keeping a line of trees would be a nice buffer for the neighborhood.
Bazzano read Exhibit A into the record. The exhibit is a letter to Peter DeMallie from Kenneth B. Smith, PE regarding the application.
Discussion ensued among the commissioners:
Evans: The 1959 plans show the lots as being very narrow due R zone’s (R-20, 30 and 40) being something that would someday be developed. One hundred foot frontage would be in keeping with the zone at that time. If the applicant can make as many lot lines as similar as possible to the existing lot lines, this may increase the acceptance of the lots be the neighbors.
Bazzano: Is Nancy Drive a cul-de-sac? Doolittle: No, Nancy Drive goes through to Gale and then to Chapel Road.
Pacekonis: Are there requirements for open space and when do they kick in? Banach: When there are six or more lots and this would be addressed at the subdivision stage. Screening would also be addressed at this time also.
Sullivan: The applicant has taken measures to make this subdivision tie in with the previous subdivision in regards to drainage, detention basins, zoning. Was open space accounted for? Banach: If the applicant does not know the answer, research can be done. DeMallie: There is some open space in the subdivision. Detention basins and wet areas were left open. Bazzano: Detention basins can not be considered open space. DeMallie: Design Professionals will meet with town staff when putting together a subdivision site plan.
Kennedy: Many issues brought up by the public would be addressed at the subdivision stage.
Public Hearing closed at 9:15 p.m.
REGULAR MEETING – MADDEN ROOM
NEW BUSINESS:
Discussion/Decision/Action regarding the following:
1. Appl.06-19P, Watson House Bed & Breakfast, request for renewal of a two year temporary conditional permit a bed and breakfast at 1876 Main Street, A-40 zone
Choate made a motion to approve Appl.06-19P, Watson House Bed & Breakfast with the following standard conditions:
The residential character of the dwelling unit and property must be maintained.
The maximum length of stay shall be 14 consecutive days per calendar year per guest.
No meals other than breakfast shall be provided; guestrooms may not contain provisions for cooking. No meals shall be provided to the general public if they are not guests of the Bed and Breakfast.
An owner must live on the premises.
All building and fire codes must be complied with prior to occupancy of the rooms. An inspection must be coordinated with the Fire Marshal and Chief Building Official.
Pacekonis seconded the motion. The motion carried and the vote was unanimous.
2. Appl.06-11P, Castro Resubdivision – request for a resubdivision to create one new lot on property located at 7 Andreis Trail (corner of Abbe Road Ext. and Andreis Trail), A-20 zone
Pacekonis made a motion to approve Appl. 06-11P, Castro Resubdivision with the following standard conditions:
This approval is for 1 lot.
Drainage and construction for this subdivision is subject to the approval of the Town Engineer.
All lots shall be serviced by the Town of South Windsor sanitary sewer system and are subject to the approval of the Water Pollution Control Authority.
Water shall be supplied to this subdivision by public water.
Prior to commencement of any site work, a preconstruction meeting must be held with Town Staff.
All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
All easements for conservation purposes, drainage or utilities, that may be required in connection with the approval of this subdivision, must be submitted on standard Town easement form where appropriate, to this Commission prior to filing the mylars and issuance of building permits. All deeds for open space, public improvements and roadways must be submitted prior to request for Town acceptance; all deeds must be in accordance with the policy for accepting deeds and must be approved by the Engineering Department and Town Attorney.
Footing drains are required for each house. Prior to the building of any structure on a lot, a topographic map, drawn to a scale of 1" = 40', shall be submitted for each lot in the subdivision, showing proposed contours, elevations and the location of the footing drains. No building permits will be issued until the proposed contours, floor elevations and location of footing drains have been approved by the Town Engineer.
If, for any reason, finished grading and other individual lot site work is not completed, the Town Engineer shall determine the amount of a cash bond to ensure final grading and site work. This cash bond must be submitted prior to issuance of a Certificate of Occupancy.
A drainage assessment fee in the amount of $50.00 shall be submitted to this Commission.
The Town Engineer’s review comments dated 5/2/06 must be addressed to the Town Engineer’s satisfaction.
No building permits will be issued until all modifications have been complied with, and the final plans have been filed in the Town Clerk's office.
The applicant will be required to coordinate the removal of the trees in the town’s ROW with Karl Reichle, the Town’s Tree Warden.
Slicer seconded the motion. The motion carried and the vote was unanimous.
3. Appl.06-13P, Depietro Estates Subdivision and Special Exception to Article 4.6 of the zoning regulations - request by Woodwright Homes, Inc. for a 7 lot subdivision (including one interior lot) of 9.5+/-acres for property located at 428 and 450 Pleasant Valley Road, A-20 and I zone
Bazzano made a motion to suspend rules and vote on Appl.06-13P, Depietro Estates Subdivision and Special Exception. Choate seconded the motion. The motion carried and the vote was unanimous.
Choate opened discussion regarding the rain garden. Kennedy clarified the rain garden condition may be addressed in the conditions of approval.
Evans discussed concerns regarding the shared driveway. Kennedy suggested a condition of approval state that shared responsibility of the driveway be put into the deed. Pacekonis: Conditions covering the issue of screening should be considered.
Choate made a motion to approve Appl.06-13P, Depietro Estates Subdivision and Special Exception to Article 4.6 of zoning regulations with the following standard conditions:
1. This approval is for 7 lots, numbered 1-7. Lot #5 is approved as an interior lot under the provisions of section 4.6
2. Drainage and construction for this subdivision is subject to the approval of the Town Engineer.
3. All lots shall be serviced by the Town of South Windsor sanitary sewer system and are subject to the approval of the Water Pollution Control Authority.
4. Water shall be supplied to this subdivision by public water.
5. Street lighting shall be installed on streets, at intersections, and on cul-de-sacs in accordance with the policy established by the Chief of Police. Street lighting is to be coordinated with the Chief of Police (copy enclosed).
6. Street names and locations of fire hydrants are subject to the approval of the Fire Marshal of the Town of South Windsor. Street names and supporting posts shall be installed by the developer in conformance with the standards of the Town of South Windsor, at no expense to the Town.
7. A liability insurance policy shall be submitted to this Commission naming the Town of South Windsor as an insured, with a combined single limit for bodily injury and/or property damage in the amount of $1,000,000.
8. This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission, including a bond in the amount of $2,000.
9. Trees within the street trees easement and any other trees on land that is currently or will in the future become Town-owned land are to be planted in accordance with the enclosed Tree Planting Specifications.
10. Prior to commencement of any site work, a preconstruction meeting must be held with Town Staff.
11. All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
12. All easements for conservation purposes, drainage or utilities, that may be required in connection with the approval of this subdivision, must be submitted on standard Town easement form where appropriate, to this Commission prior to filing the mylars and issuance of building permits. All deeds for open space, public improvements and roadways must be submitted prior to request for Town acceptance; all deeds must be in accordance with the policy for accepting deeds and must be approved by the Engineering Department and Town Attorney.
13. Footing drains are required for each house. Prior to the building of any structure on a lot, a topographic map, drawn to a scale of 1" = 40', shall be submitted for each lot in the subdivision, showing proposed contours, elevations and the location of the footing drains. No building permits will be issued until the proposed contours, floor elevations and location of footing drains have been approved by the Town Engineer.
14. If, for any reason, finished grading and other individual lot site work is not completed, the Town Engineer shall determine the amount of a cash bond to ensure final grading and site work. This cash bond must be submitted prior to issuance of a Certificate of Occupancy.
15. Quantity estimates must be submitted to the Town Engineer (on the enclosed form) for the purpose of determining subdivision bonding. All bonds shall conform to the enclosed bond policy and shall be posted prior to filing the final plans in the Town Clerk’s office.
16. If the developer chooses to submit a Letter of Credit for a one year term, said Letter of Credit must be renewed on a yearly basis until completion of the development. If a new Letter of Credit has not been received within 30 days before the expiration date, the Commission may, at its option, call the Letter it is holding.
17. In accordance with Section 5.C.1.c of the subdivision regulations, a fee in lieu of open space is required. The fee will be ten percent of the fair market value of the property prior to subdivision approval. This fee is payable on a per-lot basis, at the time of initial conveyance of each lot. The applicant must provide, with the Commission’s agreement, an appraiser to determine the fair market value.
18. A drainage assessment fee in the amount of $250.00 shall be submitted to this Commission.
19. The Town Engineer’s review comments dated 5/1/06 must be addressed to the Town Engineer’s satisfaction.
20. No building permits will be issued until all modifications have been complied with, and the final plans have been filed in the Town Clerk's office.
21. An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 4.13.10 of the zoning regulations.
22. For lot 5, the approved location of the house, garage and driveway are an integral part of this special exception. If modifications are proposed subsequent to this approval, neither the driveway nor the structures will be allowed to encroach any closer to the north property boundary.
23. The applicant must have an arborist evaluate the two oak trees in front of lot 6 and the appropriate measures be taken to protect and preserve the trees during construction.
Bazzano seconded the motion. The motion carried and the vote was unanimous.
4. Appl.06-14P, CL&P Substation Expansion – request by CL&P for site plan approval for the expansion of the existing substation located on the easterly side of Barber Hill Road, southerly of the Dzen tree farm, RR zone
Bazzano made a motion to suspend rules and vote on Appl.06-14P, CL&P Substation Expansion. Choate seconded the motion. The motion carried and the vote was unanimous
Bazzano made a motion to approve Appl.06-14P, CL&P Substation Expansion with the following standard 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.
A landscape bond in the amount of $5000 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 Town Engineer’s review comments dated May 4, 2006, must be addressed to the Town Engineer’s satisfaction.
Perimeter screening is required on the north and south sides of the substation. Details of proposed plantings must be included on the plans and is subject to Town staff review and approval.
If a septic system is to be installed, it must be shown on the plans. Town Sanitarian approval is required for a septic system.
Evans seconded the motion. The motion carried and the vote was unanimous.
5. Appl.06-12P, RSK Kellco, Inc Zone Change – request for a zone change of approx. 7.58 acres from Rural Residential to A-20 Residential for property located at 849 Pleasant Valley Road (southerly side of Pleasant Valley Road, approx. 225 feet west of LeFoll Boulevard)
Bazzano made a motion to suspend rules and vote on Appl. 06-12P, RSK Kellco, Inc Zone Change. Pacekonis seconded the motion. The motion carried and the vote was unanimous.
Sorenson sat for Choate who recused herself.
Evans made a motion to approve Appl.06-12P, RSK Kellco, Inc Zone Change from Rural Residential to A-20 Residential with the following conditions:
Within ninety days, by August 7, 2006, a zone change map (1” = 40’) with an A-2 certification must be filed, showing all boundary lines and the acreage of the land where the zone change was granted. The map shall be drawn in accordance with the rules and regulations of the State Board of Registration for Professionals Engineers and Land Surveyors and shall be stamped and signed by a Registered Land Surveyor. The zone change map must be submitted on black and white mylars, with this approval letter thereon, together with three blueprint copies of the Zone Change.
Pacekonis seconded the motion. The motion carried and the vote was unanimous.
Pacekonis made a motion to extend the meeting past 10:00 p.m. Choate seconded the motion. The motion carried and the vote was unanimous.
6. Old Navy, Evergreen Walk Shopping cart management plan
Banach presented the management plan proposed by Old Navy at Evergreen Walk. (See exhibit B) The shopping carts would not be left in the parking lot for extended periods of time and would be all returned to the store at night.
Discussion ensued among the commissioners: (Responses in italics)
Banach: Does the commission want shopping carts outside of Old Navy? Bazzano, Pacekonis: Both commissioners stated their disapproval of having shopping carts outside of the store. The carts can be designed so that they can not leave the store. Evans: Safety is an issue. If the parking lot is congested with shopping carts, in the case of an emergency it may be difficult for vehicles to get out safely.
Pacekonis: Grocery stores have restrictions on their shopping carts and it is necessary to bring them into the parking lots.
Kennedy: A shopping cart corral is a suggestion. Evans: If they are made out of canvas, they may not want them out of the store. Pacekonis: If a corral is put in, Old Navy may purchase bigger carts.
Sullivan: This is one complaint based on shopping carts being left in the parking lot and we are not sure about how many there have been.
Banach: Read regulation 5.8.2.f on page 115 of the zoning regulation book revised through November, 2005.
Choate: Shopping carts should not be allowed in the parking lot for clothing stores.
Bazzano: How is a cart management plan enforced? I don’t think they should be allowed in the parking lot at all.
The commission and staff discussed concerns of carts in the parking lot and what determines a reasonable amount of time they could be there.
Slicer made a motion that Old Navy shopping carts must be removed from the parking lot after one hour or when ten or more accumulate. Pacekonis seconded the motion. The motion carried and the vote was unanimous.
BONDS: Callings/Reductions/Settings
Pacekonis made a motion to approve the calling of a letter of credit for Appl. 02-21P, Vintage Hills II Subdivision in the amount of $27,710. Evans seconded the motion. The motion carried and the vote was unanimous
Pacekonis made a motion to reduce the landscaping bond for Appl. 04-31P, May’s Department Store. The amount of the bond is $5,000 with a recommended reduction of $5,000 leaving a balance of $0. Slicer seconded the motion. The motion carried and the vote was unanimous.
Pacekonis made a motion to reduce the landscaping bond for Appl. 00-23P, Stop & Shop. The amount of the bond is $5,000 with a recommended reduction of $5,000 leaving a balance of $0. Choate seconded the motion. The motion carried and the vote was unanimous.
Pacekonis made a motion to reduce the IWA/CC bond for Appl. 04-31P, May’s Department Store. The amount of the bond is $1,000 with a recommended reduction of $1,000 leaving a balance of $0. Choate seconded the motion. The motion carried and the vote was unanimous.
MINUTES: 3/14/06 and 3/28/06 approved by consensus.
OTHER BUSINESS: The commissioners discussed and provided questions for the upcoming citizen satisfaction survey.
ADJOURNMENT: Evans made a motion to adjourn the meeting at 10:15 p.m. Pacekonis seconded the motion. The motion carried and the vote was unanimous.
Respectfully Submitted:
Barbara M. Messino, Recording Secretary
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