MEMBERS PRESENT: Chairperson Patrick Kennedy, Michael Sullivan, Gary Bazzano, Louise Evans, and Suzanne Choate
ALTERNATES PRESENT: Daniel Jeski sat for Bart Pacekonis
Viney Wilson sat for Clifford Slicer
Dave Sorenson
STAFF PRESENT: Michele R. Lipe, Assistant Director of Planning
Jeff Doolittle, Town Engineer
Bobb Grillo, Project Engineer
Chairman Kennedy called the special meeting to order.
Bazzano read the legal notice as it was published in the Journal Inquirer on Thursday, March 29, 2007 and Thursday, April 5, 2007
Public Hearing – Council Chambers
1. Appl 07-07P, Design Professionals, Inc. Zoning Amendment – request to modify Section 4.4.2.A.1 Permitted uses to include single family and duplex units in multi-family zones
Peter DeMallie, Design Professionals, had the following comments:
o Reviewed the current multi family regulations.
o Changes have been made in the draft Zoning regulations redefining multi-family as two or more.
o Intent of this amendment is twofold, e.g., entertain amending regulations now to allow incorporation into amendment before Commission goes forward with the fullest of regulation changes (allowing two family within a multi family zone) and also request single family within that.
o Intent is not to have 100% single family in a multi-family zone. A mix would achieve several things, e.g., small single family homes (meets desires of people in the marketplace); reduce density; and planned development with private streets and common interest.
o Cap of 25% of units would be single family or 1/3, 2/3’rds or up to 8% more, maximum of 1/3 of the units single family.
o Idea is not to feature many bedrooms in the units - impact on schools.
o Intent is to provide variety of housing within a multi family zone without generating school children.
o Presented a history of the Senior Residential Zone – regulated by PZC with maximum control.
o There are no vacant parcels in Town zoned multi-family.
o Amendment is to allow some single family in a planned community that’s available to under 55 population and create a greater variety of housing – depends upon the percentage; also to meet the needs of the community.
Lipe presented the following Planning report:
Request for amendment to Section 4.4.2 of the zoning regulations. Section 4.4.2 is the permitted uses section for Multi-Family zone. The current regulations allow for buildings with three or more units in the MF zone; the current zoning regulations update draft modifies the definition of multi-family to two or more units; and the amendment would modify that to allow both duplexes and single-family units.
The Town Plan of Conservation and Development includes a section titled On-Going Considerations within the Implementation Actions portion of the Plan. The On-Going Considerations include housing recommendations to:
· Continue to pursue policies that accommodate a range of housing alternatives without sacrificing Town character,
· Be mindful of the need to maintain a cross-section of housing types and costs when investigating alternative approaches to residential development; and,
· Address needs for moderately priced single family homes and housing for the Town’s senior citizens.
The Commission’s own zoning regulations update includes a modification to allow duplexes within MF zones. The addition of single family homes without limitation into multi-family zones seems like a duplication of our existing Designed Residence zone without the affordable housing component. The MF zone allows a density of 4.5 units per gross acre (gross acreage excludes generally unbuildable areas such as wetlands and water bodies, detention areas and utility easements, and 15+% slopes). The maximum allowable densities in the Designed Residence zone are 2.5 units per acre with 15% affordable units, and a sliding scale up to a maximum of 4 units per acre with 30% affordable units.
One of the infrastructure impacts of this amendment would be the likely addition of higher numbers of school children in the single family units than are present in multi-family units. We have provided the Commission with a copy of a recent article from the Connecticut Conference of Municipalities (of which South Windsor has long been a member) about the smaller number of children generated by multi-family units vs. single-family units.
There should be no new environmental or traffic impacts generated by this amendment that aren’t already present with a multi-family development.
The Capitol Region Council of Governments has reviewed this amendment as required and finds no apparent conflict with regional plans and policies or the concerns of neighboring towns.
If the Commission approves this application, Planning Department suggests that the Commission allow only a portion of the units in a multi-family zone to be single-family units (say, maximum 25%).
There were no engineering comments on the plan.
No one from the public spoke for or against this application.
Discussion ensued among the Commission members with the following comments and concerns. Replies will be in Italics.
· Envisioning locations for multi-family. Fewer parcels available.
· Setbacks. 15’ would apply to a garage – minimum between dwelling part of a building would be 30’ with windows, both walls containing windows would be 50’.
· Mixed development should provide more availability of affordable housing and use of open space on properties.
· If amendment is passed, could the result be 25% single family and 75% multi family? Yes.
· Cap should be placed on single family – 25%; and overall cap on single family/duplex to guarantee a certain level of multi family dwelling units in a multi family zone. Affordable housing can be 30% to meet the state definition – DRZ does not apply because it does not allow two family housing.
Kennedy closed the public hearing at 8:00 p.m.
2. Appl 07-08P, Design Professionals, Inc. Zoning Amendment – request to modify Section 5.7 2 Applicable Zones to include Industrial zones (adjacent to residential)
Peter DeMallie, Design Professionals, had the following comments:
§ After discussion with Town Staff it is okay if this amendment does not go forward because intent was not there. Submitted amendment does not explain the intent and requires more study with stability.
§ Section 5.7.2 – there are parcels within the community that are industrially zoned and abut residential zones; could be developed as a mixed commercial/residential development – may not be appropriate to develop as industrial.
§ It may be inappropriate to create a commercial zone, industrial zone does not fit the neighborhood; perhaps a mix, e.g. office and light commercial with residential might be appropriate.
§ At this time it is desired to accept feedback from the Commission then this amendment will be withdrawn.
Kennedy indicated that the application should be withdrawn and the applicant should request an informal discussion to gain feedback. Application was withdrawn by the applicant.
Kennedy closed the public hearing at 8:10 p.m.
3. Appl 07-09P, Kilkenny Heights Resubdivision – request for approval of a 17 lot subdivision on 30+ acres of land located on the east side of Abbe Road, northern extension of Maskel Road, A-20, A-30 and RR zones
Attorney Leonard Jacobs, representing the applicant, made the following presentation:
 Subdivision, as proposed, has 15 lots. Owner is retaining 2 parcels capable of being built upon resulting in a 17 lot subdivision. Of the 17 lots, 1 lot fronts on Abbe Road and 16 front on Maskel Road.
Approval has been received from the IWA/CC.
Property will be serviced by public water and sewers.
Open Space is ± 6 acres – exceeds the 20% requirement.
Property previously approved for a subdivision in 1989/1990 – approved with Maskel Road extending northerly as being presented at this hearing.
Site meets all zoning and subdivision requirements with the exception of one waiver being requested, i.e. access strip to open space is 30’ wide, tapers down to 20’ wide.
Discussion has taken place regarding the Dzen subdivision (located southerly of this site); open space from the Dzen Subdivision will meet the open space from this site. If and when the Dzen Subdivision is approved then
there will be good access to the open space resulting in the open space access strip between lots 10 and 11 being eliminated.
A traffic report by Hesketh Associates has been submitted; indication is that level of service will operate at level of service A; there will be no adverse traffic impact.
It is also requested that one model home be built without posting a bond.
Skip Alford, Alford & Associates, Engineer and representing the applicant had the following comments:
General topography of the site slopes to the west.
Intent is to extend Maskel Road and terminate in a cul-de-sac (which will be a temporary cul de sac for potential extension to the north).
Water that is running down presently will be collected in a series of drains on the uphill side of the road.
A drain and swale system has been added to the west side of the property down; flow goes into a detention basin designed for zero increase in runoff; flow continues into an existing storm drain system in Abbe
Road.
Sanitary sewer will come to the south and connect into the Maskel Road system.
Water will be brought in from Abbe Road.
E & S measures will be appropriately placed, e.g. silt fences, phasing for E & S control.
Existing walls are shown on the Town right-of-way because the applicant does not have the rights to place the walls on private property. Negotiations are being held with neighbors to eliminate the walls.
Lipe presented the following Planning report:
Request for approval of a subdivision to create 17 new lots located on the westerly side of Abbe Road, northerly of Maskel Road A-20, A-30 and RR zones. The site size is approximately 30 acres.
There is one new house proposed with frontage on Abbe Road. The remaining 16 lots will accessed from the extension of Maskel Road.
Nine lots are in the A-20 zone and eight lots are in the A-30 zone with the 6.6 acres of required open space in the RR zone. Minimum lot size required in the A-20 zone is 20,000 sq ft, those subdivision lots range in size from 22,110 sf to 35,396 sf. Minimum lot size required in the A-30 zone is 30,000 sq ft, subdivision lots range in size from 30,000 sf to 9+ acres.
This subdivision falls under the regulation which requires the setting aside of open space because the applicant is creating more than 6 lots, a fee in lieu of, or a combination of both. The applicant is showing 6.6 acres of open space. An access to this open space is shown between lots 10 and 11.
The Open Space Task force and town council have reviewed the open space and have looked favorably on the town owning this land. A copy of the Town Council resolution is being submitted for the record.
There are regulated wetlands the parcel. The applicant received IWA/CC approval on 3/21/07, with the following conditions: On Lot #14, maximum of a 25 foot access way be delineated between the northwest corner of lot#13 and the conservation easement surrounding the pond. All other areas around the pond will have a 35 foot conservation easement, properly monumented; the mitigation planting will be approved by Town Staff: the applicant will submit a signoff sheet upon completion of each construction sequence for Town staff review and sign off prior of initiating the next sequence; Bonds recommended in the amount of $30,000 for construction of stormwater structures and $50,000 for erosion and sedimentation control.
The applicant is proposing one curb cuts on to Abbe Road to service the single lot proposed. There are no sidewalks shown in this lot on Abbe Road nor are there any sidewalks on Abbe Road in that area. There is a sidewalk shown on both side of the road along the extension of Maskel Road.
The applicant has submitted at traffic study that this subdivision will have a minimal impact on the road network and the adjacent intersection will continue to operate at LOS A.
The police department and fire marshal has reviewed this proposal and have expressed no concerns.
The site will be serviced by public water and sewers. WPCA approval is required.
The applicant has provided the required street tree easement and is proposing to plant a variety of street trees including red oak, Greenleaf linden and katsura trees. Staff has requested that the Tree Warden or Deputy tree warden shall personally select and/or inspect the trees to be planted in the Town’s ROW.
If this application is approved, the planning department has no further modifications to request.
Grillo presented the following Engineering report:
1. A note should be added requiring the yard drains not connecting to road drainage structures, be connected to road drainage pipes with pre-fabricated Y fittings.
2. A description, including pipe diameter and length, should be added on sheet 9 for the stub pipe from the catch basin in front of lot 6 that leads to lot 13.
3. Provide a gutter flow analysis and headwater analysis for the proposed storm drainage system.
4. The driveways shown on the west side of the new road for lots 2-5 will be difficult to negotiate and maintain due to the short steep slopes (9.5%) in the middle of these driveways. We understand the intention is to drain water away from the houses but cars may bottom out at the changes in grade and water may pond at the low areas on these short driveways. The final driveways should be graded to reduce the steep slopes and they need to be crowned to shed water to the lawn on both sides.
5. On the building plot plans, provide enough spot elevations to clarify the grading in the lots where there may be flat spots.
6. The fill material used under the proposed road must meet the requirements of the Town of South Windsor and must be installed in accordance with the Town Specifications and ConnDOT Specifications. If the fill material is not compacted sufficiently or is unstable or too wet, additional gravel road sub base material may be required beyond the minimum specified.
7. Since the detention basin will be constructed with up to 9 feet of fill on the downhill side, just above the house on Lot 15, provide a construction detail drawing for this structure and consult with the DEP to determine if this is a Dam and needs to be reviewed and permitted through their department.
8. The construction detail for the detention basin outlet on sheet 12 should include a 3 sided trash rack grate. The construction detail for the type C catch basin should include the note requiring the frame and grate to be galvanized.
9. The road right-of-way for the portion of the road through the CL&P property should be described on sheets 3 and 5.
10. The road right-of-way through the strip of CL&P land at the present end of Maskel Road needs to be deeded to the Town of South Windsor.
11. The existing piping and drains north and east of the existing Maskel Road turn around do not appear to be working well. The 8” pipe is labeled as being full of water and the top elevations of the catch basins and yard drains in this area vary greatly. This drainage should be removed and replaced with standard Town catch basins and 15” pipes. There should be new drains and pipes off road and the area regraded as necessary to collect water from the north and east and convey it into the road drainage system.
12. The existing 8” CL&P pipe that will be incorporated into the new road drainage system, should be removed or replaced with a 15” pipe, that connects in a straight line to a downstream structure. The existing CL&P catch basin should substantially comply with the Town’s specifications if it is used in the road as a catch basin or manhole.
13. Construction detail drawings should be provided for the proposed retaining walls at the beginning of the road extension, including a typical cross section and an elevation for each wall with all horizontal and vertical dimensions and elevations. An easement should be provided for the portion of the east side wall that extends beyond the road right-of-way and onto the CL&P property.
14. The retaining walls shown near the existing end of Maskel Road need to be moved back onto private property. We suggest these areas be graded to eliminate the retaining walls.
15. Show approximately where the reconstruction of the existing end of Masked Road will begin.
Kennedy requested input from the public.
Rick Daniels, 96 Maskel Road, had concerns regarding the access road to the open space, size of proposed houses, existing pond, silt in abutting wells, sidewalks changing character of the area, and distance of houses from the high tension wires.
Diane Hilliard, 83 Maskel Road, spoke against the application. Her concerns centered on extension of Maskel Road, changing character of the neighborhood indicating access should be off Abbe Road, and impact on the quality of life in that area.
Discussion ensued among the Commission members with the following comments and concerns: Replies will be in Italics.
· Impact on neighboring wells. If there is any effect it would be during the construction of the road and residences on the west would be affeced, not properties to the south; runoff will be directed to existing system in Abbe Road as it does presently.
· Clarification of access. Abbe Road is considerably lower than where site will be located; there is an existing trough in the area which is a concern to IWA/CC (erodable soil); another concern was a combination of the curb and the steepness of the road; plus combining the latter with a curve; all concerns of Town Staff; minimize the number of conflicts on Abbe Road.
· Town Council requirements on open space. Any debris/contamination is to be removed and remediated, 25’ wide gravel supported access way, capable of supporting vehicles, provided by the developer prior to future town assessment.
· Granting of waiver less than 25’ not desired.
For clarification purposes Lipe read into the record Section C.1.c.3.b, Subdivision Regulations regarding Open Space access. “All open space shall abut or have direct access to the street through a right-of-way dedicated to public use. The right-of-way shall not be included in the required open space area. There will be at least 50’ wide and shall be suitable for foot traffic. Under acceptable circumstances the Commission may reduce or waive this requirement, etc.”
South Windsor Town Council Resolution was submitted for the record. (Exhibit A)
Jacobs indicated that they were not aware of the 25’ when plans were drawn, being aware now the applicant will abide by the condition. Also if PZC agrees with no sidewalks it meets approval of the applicant. Jacobs distributed a Hydrology Report to allay fears and concerns regarding wells.
· Clarification of lot 15 with amount of soil being removed. The slope on lot 15 is behind the house leading up towards the detention basin; easements will be placed appropriately to assure that the Town can maintain the drainage pipes leading to and from the basin; basin is on part of lot 16 (private property).
· Siltation of pond. Pond being referred to is located to the north (proposed lot 14); IWA/CC did place some restrictions (conservation easements around pond).
Kennedy closed the public hearing at 9:10 p.m.
4. Appl 07-13P, G & S Scrap Metal – request for special exception to article 6.1.3.7 to operate a scrap metal business from property located at 420 John Fitch Boulevard, I zone
This item was postponed.
Regular Meeting
Discussion/Decision/Action regarding the following:
Public Participation:
None
New Business:
1. Change order for Sudden Service, 840 Sullivan Ave, GC zone – to allow outdoor display of equipment (Zoning Violation)
Sudden Service displays their lawn equipment during the day and stores them inside at night. Equipment will be kept in the front of the store.
Sullivan made a motion to approve the above referenced request. Evans seconded the motion. The motion carried and the vote was unanimous.
2. Change order for Petersen’s Hardware, 850 Sullivan Ave., GC zone – to allow outdoor storage of mulch bins (Zoning Violation)
Lipe reviewed the history for this site. The record shows that the applicant’s original request for outdoor storage resulted in the Commission directing the applicant to return with a screening plan. There is no record of owner returning to the Commission for permission to have mulch bins on the property.
Discussion ensued among the Commission members:
· Shrubs were planted and the mulch bins have been present for some time.
· It is desired for owner to return with plan including landscaping screening.
· Outdoor storage, sale of mulch, pallets of material conflicts with requirements for having the screening; complicates PZC’s interactions with other businesses in terms of consistency; proposed plan shows no screening.
· It was assumed that he has permission for the mulch bins and they must be screened completely and/or soften the appearance.
· Outdoor storage in a parking area requires designation of the parking spaces that are being used for this (existing does not affect circulation of traffic within the site).
· It is desired that a site plan be submitted including a waiver of the parking spaces, screening of the mulch and listing of products to be put on display.
Jeski made a motion to deny a change order. Choate seconded the motion. The motion carried and the vote was unanimous.
3. Request for storage bins for rent at Ed Steben Glass Company, 454 Ellington Road, RC zone (Zoning Violation)
Lipe indicated the placement of storage bins without permission on the site. Owners have requested permission to rent out the bin plus addition of another storage bin behind the building. Owner did indicate a shed but that discussion resulted in building code issues and proximity to main building. There is not much flexibility on the property for location of bins. These bins do exist on the Capital Moving & Storage – located in rear parking lot.
Discussion ensued among the Commissioners.
· It is desired not to have a self storage place on the site.
· It is not the intent to turn the area into a self storage facility, just to rent one bin and to assure its availability for rent.
· Be cognizant of parking lots all over Town and it is desired not to have them filled with rental bins.
Bazzano made a motion to deny request for rental bins on the Ed Steben Glass site. Wilson seconded the motion. The motion carried and the vote was unanimous.
5. Appl 07-09P, Kilkenny Heights Resubdivision – request for approval of a 17 lot subdivision on 30+ acres of land located on the east side of Abbe Road, northern extension of Maskel Road, A20-, A-30 and RR zones
Discussion ensued among the Commissioners.
· No problem with sidewalks on one side or no sidewalks.
· Sidewalks should be placed on one side only.
· Sidewalks should be placed on the north side to provide access to the open space area.
· School children need sidewalks to walk to bus stops.
Bazzano made a motion to approve Appl 07-09P with the following conditions:
This approval is for 17 lots, numbered 1-17.
Concrete sidewalks, built to Town specifications, shall be installed on the east side of the new street.
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
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).
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.
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.
This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission, including a bond in the amount of $30,000.00 for the construction of stormwater structures and $50,000.00 for erosion and sedimentation control.
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.
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.
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.
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.
A drainage assessment fee in the amount of $850.00 shall be submitted to this Commission.
The Town Engineer’s review comments dated 4/10/07 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 Tree Warden or Deputy Tree Warden shall personally select and/or inspect the trees to be planted in the Town’s ROW.
A waiver has been granted to allow the access to the open spaces to be 25’ and must be built in conformance with the Town Council Resolution dated March 28, 2007.
Jeski seconded the motion. The motion carried and the vote was unanimous.
6. Preliminary discussion with Rob Mannarino, Mannarino Buildings, Inc. re: Dzen Property on Barber Hill Road
Attorney Len Jacobs, representing the applicant had the following comments:
ü Lots have been eliminated from original plans that were shown to the Commission.
Skip Alford, Alford & Associates, had the following comments:
ü Area has been cleaned up and a proposed access to the top of the hill has been shown on the plans.
ü Lots with questionable buildable squares have been shown that they conform.
Lipe indicated that lot 64 meets the right-of-way and juts out into the open space. Tail has been removed and scaled back. Also parking areas be established for the open space areas. Town Engineer had no comments at this time.
Discussion ensued among the Commission members with the following comments and concerns: Replies will be in Italics.
· Clarification of pond area and size without pond. 1/2 acre; 3-4 acres.
· Possibility of open space and maintenance and declaration up front for what the open space will be used for, e.g. passive or active recreation.
EXTENSION OF MEETING
Choate made a motion to extend meeting past 10:00 p.m. Evans seconded the motion. The motion carried and the vote was unanimous.
· Elevations of the site.
· Parking near pond will indicate use of the pond and open access to the pond will be an enhancement.
· Open space area should not be another Lawrence Road situation – must be maintained to alert residents that something will be done there – possibility of contacting Parks & Recreation. Could be graded and seeded by applicant.
· Open Space Task Force can make recommendation with respect to ownership and location of the open space.
OTHER BUSINESS:
1. Calling of letter of credit for Appl 03-21P, ECHN Site in the amount of $15,000 for remaining site work
Evans made a motion to initiate the calling of the above referenced letter of credit. Choate seconded the motion. The motion carried and the vote was unanimous.
BONDS Callings/Reductions/Settings
1. Engineering recommends a bond in the amount of $8,750 for Appl 06-03P, Tiger Lily Subdivision.
Evans made a motion to set the above reference bond as noted. Choate seconded the motion. The motion carried and the vote was unanimous.
MINUTES
None
Applications To Be Officially Received
1. Appl 07-18P, DBB Management LLC – request for special exception to article 4.1.14 and site plan approval for one duplex on property located at 36 McGuire Road (northerly side of McGuire Road, westerly of Route 5), RR zone
2. Appl 07-19P, ECHN 2 at Evergreen Walk – Site Development Plan application (Section 5.8.7.1) to construct two medical office buildings, approximately 29,400 sf each and associated improvements on 4.6 ± acres located approximately 270 feet westerly of Buckland Road and approximately 310 feet southerly of Deming Street, Gateway Development Zone
Adjournment
Bazzano made a motion to adjourn the meeting at 10:15 p.m. Choate seconded the motion. The motion carried and the vote was unanimous.
__5/8/07___ Respectfully submitted,
Date Approved
Phyllis M. Mann
Recording Secretary
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