MEMBERS PRESENT: Chairman Patrick Kennedy, Gary Bazzano, Suzanne Choate, Bart Pacekonis, Cliff Slicer
ALTERNATES PRESENT: Viney Wilson and David Sorenson
STAFF PRESENT: Michele Lipe, Assistant Director of Planning
Jeff Doolittle, Town Engineer
PUBLIC HEARING – COUNCIL CHAMBERS
Bazzano read the legal notice into the record as it was published in the Journal Inquirer on Thursday, July 12, 2007 and Thursday, July 19, 2007.
1. Appl 07-35P, Julie's Barks & Bubbles LLC – request for a two year temporary and conditional permit to operate a doggie daycare and grooming business on property located at addressStreet1678 Ellington Road, RC zone
Bazzano recused himself from this application.
Kennedy appointed placeCityWilson to sit for Evans and Sorenson to sit for Sullivan.
Galen Semprebon presented the application as follows.
The applicant is looking to establish a K-9 daycare facility in the rear of the property located at addressStreet1678 Ellington Road. There is a fenced in area to the rear of the property, this site was previously used as a daycare facility. Steve Lund and Julie Lund are applying to open the dog daycare and were present to answer any questions.
Lipe had a planning report as follows.
We have a narrative outlining the scope of the business that was received by the applicant. (See exhibit 1)
Request for approval of a two-year temporary and conditional permit to operate a dog grooming/dog daycare/dog training business at addressStreet1678 Ellington Road, RC zone.
The applicant’s letter indicates that initially she will focus on the dog grooming/daycare aspect with the doggie day care facility accommodating 10-15 dogs per day. The hours of operation for the daycare will be from 7 am – 6 pm. The hours of operation for the grooming services will 9 -3 Monday through Saturday and 9 – 12pm on Saturdays.
The only modification to the site is the reduction of the outside fenced in area.
The State licenses the facility. Their requirements cover such items as floor covering materials, size of runs, water, lighting, ventilation, temperature, and sanitation. It is required that feces and other excreta be removed at least once a day and runs washed down with hot water and disinfectant cleaner. Excreta must be disposed of in a sanitary manner. The Town Sanitarian has reviewed this application and noted that if weekly dumpster pick-up is not sufficient to minimize potential odor and fly problems, additional pickups may be needed.
The animal waste and grooming waste will be disposed of periodically by a licensed refuse hauler.
The wording of the T & C permit regulation is that, “Temporary and conditional permits may be granted by the Commission for a period not to exceed two years. Such approval may be given after a Public Hearing if, in the judgment of the Commission, the public convenience and welfare will be substantially served, and the appropriate use of neighboring property will not be substantially or permanently injured, and traffic and other hazards will not result from such use.”
4. If this application is approved, the planning department has no modifications to request. There are no engineering comments on the plan.
Engineering had no comments.
There was no public participation.
Commissioners asked for clarification on the hours of operation; applicant addressed the concerns.
The public hearing was closed at 7:40 p.m.
REGULAR MEETING – Madden Room
CALL TO ORDER:
Chairman Kennedy called the meeting to order.
PUBLIC PARTICIPATION:
None.
NEW BUSINESS:
Discussion/Decision/Action regarding the following:
1. Appl 07-35P, Julie's Barks & Bubbles LLC – request for a two year temporary and conditional permit to operate a doggie daycare and grooming business on property located at addressStreet1678 Ellington Road, RC zone
Choate made a motion to approve the above request with the following modifications.
1. This permit will expire in two years, on July 24, 2009, and will have to be renewed at that time if the use is to be continued.
2. Any new building, or alterations/additions to existing building, requires a building permit prior to start of construction.
3. If the weekly dumpster pickup is not sufficient to minimize potential odor and fly problems, additional pickups may be needed subject to the Town Sanitarian.
4. The hours of operation are as follows:
o Daycare - Monday-Friday 7 a.m. – 6 p.m.
o Grooming – Monday-Friday 9 a.m. – 3 p.m., Saturday 9 a.m.-12 p.m.
o Training – evenings 6 p.m. to 9 p.m. and or Saturdays 8 a.m. – 6 p.m.
Sorenson seconded the motions. The motion carried and the vote was unanimous.
2. Appl 07-34P, M & S Paving & Sealing Inc – request for site plan approval for a 1,500 sf office and 9,000 sf industrial building located 97, 105 and addressStreet111 Commerce Way, I zone
Choate recused herself from this application.
Timothy Wentzel representing M & S Paving presented the application.
This application is for two industrial lots numbered 97 and addressStreet105 Commerce Way, for an industrial building. M & S Paving has been in business for 25 years and is currently located on addressStreetOakland Road. The proposed building is on a flat lot, debris on site will be removed. Inland Wetlands and Conservation Commission approval has been received. Comments from engineering will be incorporated into the final plans. It is 9,000 sf building, landscaping will be done on the front and adjacent building. Small amount of top soil will be disturbed during construction. The storage area in the rear is problematic, since the trailers will need more turning room and we will need to submit a revised plan.
Lipe had a planning report as follows.
Request for site plan approval for a new 10,500 square foot industrial building (1,500 sf office; 9,000 sf industrial) located at 97 and addressStreet105 Commerce Way, I zone. Maximum impervious coverage allowed is 65%, 30% proposed. Proposed building height is 27 feet; 40 feet allowed. placeLot size is 1.37 ac.; minimum lot size allowed is 30,000 sq ft. Frontage is 100 feet; minimum allowed is 100 ft. Front yard setback is 35 feet, 35 feet minimum allowed.
There is an area of outdoor storage area (graveled) proposed in the rear of the property that will be fenced and screened.
The parking requirement for this facility is 21 spaces, 21 spaces are proposed.
ADRC reviewed this plan on July 19 and requested that the applicant return with the following:
· Color scheme and samples of materials to be used on the building;
· cut sheet of the full cut off lighting proposed over the doors
· additional design on the front of the building
The only site lighting proposed is shielded wal-pak units on the building.
There is no new signage proposed at this time. The new regulations allow a 24 sf monument sign if 5 foot or under; or 12 sf sign if over 5 feet at the street.
There are no regulated wetlands on this site. IWA/CC approved the site plan on July 11 with a $5,000 bond.
Public water and sewer will be provided. Water Pollution Control Authority approval is required.
There is one proposed dumpsters, shown on a concrete pad and screened.
If this application is approved, the Planning Dept requests the applicant return to the ADRC to address their concerns.
Doolittle had an engineering report as follows.
1. Since addressStreet111 Commerce Way is not involved in a lot merger or the proposed development, it remains a separate property and does not need to be included as part of the plans.
2. The building sewer should be described with the lengths of pipe, pipe slope of at least 2% and the sewer invert at the building, which should be low enough to serve the proposed lavatory at the opposite end of the building.
3. The building sewer and the water service for the building should be separated by at least ten feet horizontally.
4. Presumably a paving business will occupy the site. Therefore the plans should show where trucks, trailers and equipment will be parked. The plans should also include adequate space reserved for trucks with trailers to turn around on the site.
5. The plans should include the standard detail drawings for the proposed drain pipe trench, sewer pipe trench, pavement cross section and curb.
6. Wheel stops should be provided for the parking spaces along the building.
7. The Town’s tree planting specification should be included on the plan.
8. The WPCA will need to approve the plan, including a proposed oil-water separator, which should be designed for an H-20 loading.
There was no public input.
Commission members had no comments.
Bazzano made a motion to approve the above request with the following modifications.
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 5,000.
A landscape bond in the amount of $1000 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 placeCitySouth Windsor.
This approval does not constitute approval of the sanitary sewer, which can only be granted by the Water Pollution Control Authority.
If a State Traffic Commission certificate is required, no building permits will be issued until the certificate has been issued (per CGS §14-311).
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.
Engineering comments dated 7/23/07 must be addressed to the satisfaction of the Town engineer.
The applicant must return to ADRC to address the materials and colors of the proposed building
Pacekonis seconded the motion. The motion carried and the vote was unanimous.
3. Appl 01-24P, Strawberry Fields request for a renewal of site plan approval
Attorney Len Jacobs presented the following overview.
The project has taken longer than initially anticipated since we had to take the club house down and start from scratch. The status of the club house is as follows; the roof is up and the walls are up, all the mechanicals are done in the club house. We did a walk through with town staff and members of the association, some of the items that are incomplete are sidewalks, street lights, cleaning out catch basins and drainage needs to be corrected. Some of the items on the punch list created by town staff have been completed, others are not; we are trying to get them done one by one. Staff has refused to issue anymore CO’s on site until items are completed. We are requesting for CO’s to be issued for the two units that have tenants waiting to move in at the end of the month.
That would leave six CO’s left to be issued at a later time. We would also like to request an extension to finish the club house. (See exhibit 2 punch list)
Lipe had the following planning report.
Request for a second renewal of the site plan for Strawberry Fields condominiums on addressStreetSullivan Avenue. The original special exception and site plan was approved on July 24, 2001. The Commission renewed the site plan on July 11, 2006, for a one-year period. The extension included timeframes for completion of unfinished items such as the clubhouse, street lights, walking trail and sidewalks. Some items such as street signs, street light bases, and buffer trees were accomplished; however, the more major items such as the clubhouse, walking trail and sidewalks remain incomplete. We included a copy of the new punchlist in your agenda package.
The final units in the development are all under construction. It has been staff’s observation that progress on incomplete site items seems to occur mainly when staff are withholding Certificates of Occupancy on finished units with purchasers waiting to close. We are currently withholding C.O.’s on all remaining units (about 8 units) because of lack of progress on site issues; and there are buyers waiting to close on units.
There are also new items on the staff punchlist that have resulted either from construction that is not in conformance with the plans or from wear and tear over the years that the project has remained unfinished. Notable among the new items are that the base course of pavement has badly deteriorated in places and will need to be replaced prior to installing final pavement; there are sidewalk sections installed lower than the finished roadway; and there are numerous drainage issues.
Staff recommends that a deadline be established to accomplish the remaining work. As this project has been ongoing for so long, we suggest that the work, including final paving, should be completed no later than October 15, 2007.
Doolittle reinforced what Lipe said, that there is a substantial amount of work to be completed on the site in addition to the club house, staff has worked with the developer and it has been a slow process, there is nothing on the punch list that can’t be finished by September or October.
Jim Grison representing the Condo Association presented his observations and recommendations as follows.
The applicant has applied for an extension, and we support an extension for minimum of one year. We have worked with staff on the punchlist and there is extensive unfinished work on site. Community members are concerned with the work that is being dragged on and not finished. The clubhouse was approved in August of 2005 and it is now July 2007 and the clubhouse remains unfinished. A walk way that is accessible was approved and not completed, leaving handicap residents with no access. The building sits too high on the property to allow a slope, we are concerned with the accessibility to the club house for people who are not mobile. The only time the developers start getting work done is when the income from the units is interrupted. Concerns that if the CO’s are issued
without any of the punch list being completed this will continue to drag on. We strongly support that staff hold off on the CO’s till the items on the punch list are completed. I would like to provide some clarification on the punch list. Club house access is extremely important, six street lights are missing, buffer trees did not get installed till October, no care was given to them most of them are dead and they were not the same trees that were approved. We need to have all the dead trees replaced. There is no capability to provide irrigation on the site by the home owners; the applicant should provide the care for the trees. The slope has presented problems on the site, difficult to mow, plant beds are inadequate or not in place. The storm water plants were approved last year had not been completed. Any cost related to that should be incurred by the developer, since he failed to complete it last year. Walking trails
are not in place. In addition to the punch list the Wetland Officer also submitted a punch list of items to be completed before any more CO’s are approved for the site. The association purchased plants and would like to work with the developer to locate the plant material. There is no landscaping around units and front sidewalks are not done. We would like to see the club house finished. Firm conditions should be placed along with dates to have work completed before any CO’s are granted for any other units.
Attorney Maryanne Fisher, representing David and Andrea Thurman who are seeking to move into unit 1002 and Marvin and Alice Eisenberg who are seeking to move into unit 1004, had comments as follows. The families are currently living in temporary housing and are waiting for the units to be completed so they can move in. They want to be assured that the drainage and slope issues are addressed before a CO is granted. The clients would like a temporary CO to be issued so that they can move into their units.
Public input was requested.
Frank Fererro had concerns with not trusting the applicant, he felt that the permit should be extended for 30 days to maintain leverage and get the applicant to complete the work.
Discussion ensued among the Commission members, replies will be in italics.
Didn’t they come before us recently for the clubhouse siding? Yes, they wanted to change the materials that they were going to use on the siding and it was denied.
What is the status of the siding now? Siding is 75% completed; the siding that you wanted has taken time to order.
How many units are already sold? Four are sold.
The punch list should be prioritized to address the issues that have to do with public safety first in order to issue any CO’s. Is it reasonable to prioritize the list? Yes.
Staff needs direction on approval of CO’s and prioritizing the punch list, there is a hardship on the buyers that have purchase the two units. Items number 7, 9, and 15 should be completed before the two CO’s are granted for units 1002 and 1004. No more CO’s should be approved by town staff till the rest of the list is completed. (see exhibit 2)
Doolittle: None of the items on number 15 should take an extensive time to complete, maybe a few weeks.
What is the status of the street lights? Jim Grison: Lights have not been installed in front of units 100 and facing the club house. Items 9 and 15 are issues that have to be addressed before any CO’s are granted.
The commission suggests that anything that is not complete in a month should have a time frame as to when the items will be completed.
The commission does not want to see the applicant come before them again with unfinished items and tenants that are waiting to move in.
Bazzano made a motion to approve a 45 day extension of the permit for the above mentioned application with conditions.
All original approval conditions still apply as appropriate.
A construction schedule for the remaining work must be submitted prior to any additional renewals being granted.
This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission.
Pavement markings must be maintained in good condition throughout the site drives and parking areas.
The following outstanding site items must be completed before Certificates of Occupancy will be granted for units 1002 and 1004:
There are 6 streetlights (exclusive of the clubhouse site and new units under construction) in the approved plan that have not yet been installed.
The steep slopes behind the 900, 1000 and 1100 buildings, appear to be constructed as per the approved plan where completed, but the banks are not properly stabilized. These slopes need an effective bank stabilizing, low-maintenance planting such as crown vetch or flat pea.
All of the following drainage issues must be addressed and resolved.
Surface water problem in front of the 1200 building that floods a driveway and front walk. This problem requires either regrading of the entire front yard to drain properly or installation of a yard drain with appropriate grading.
o The connection of the curtain drain behind the 1100 building to the storm water system has never been verified. This drain was installed to prevent water seepage into the 1100 building basement. The system must be dye-tested to verify that it is operating properly. Also, a yard drain and proper grading are needed on the southwest corner of unit 1103.
The yard behind unit 1000 must be regraded to properly drain, and appears to need yard drains to properly drain.
Regrade the side of the clubhouse in front of Unit 101 to drain; may need a yard drain to function properly.
The remaining punch list items in the staff correspondence dated 7/13/07 from Marcia Banach, Director of Planning, must be substantially addressed prior to any additional renewal being granted. (copy enclosed)
This approval is valid for 45 days and will expire on September 7, 2007.
placeCityWilson seconded the motion. The motion carried and the vote was unanimous.
4. Bob Smith Preliminary discussion regarding moving scrap metal business to the easterly side of addressStreetNutmeg Road.
Bob Smith discussed his future plans to move his business. Staff had comments. Commission members agreed that the type of business is appropriate for the addressStreetNutmeg Road area.
OTHER BUSINESS:
BONDS: Callings/Reductions/Settings
Choate made a motion to set the Engineering bond in the amount of $1,364,600 for Appl 06-60P Aldi's placePlaceNameDistribution PlaceTypeCenter. Bazzano seconded the motion. The motion carried and the vote was unanimous.
Choate made a motion to set the Engineering bond in the amount of $10,100 for Appl 07-05P, Graham Road Subdivision (Kapchunos). Sorenson seconded the motion. The motion carried and the vote was unanimous.
Pacekonis made a motion to reduce the $5,000 Landscaping Bond for Appl 03-21P, ECHN to $1,000. Choate seconded the motion. The motion carried and the vote was unanimous.
Pacekonis made a motion to release the $5,000 Landscaping Bond for Appl 04-62P, placePlaceNameWentworth PlaceTypePark. Choate seconded the motion. The motion carried and the vote was unanimous.
Choate made a motion to release the $20,000 Inland and Wetland E & S Bond for Appl 03-21P, ECHN. Bazzano seconded the motion. The motion carried and the vote was unanimous.
Choate made a motion to release the $25,000 Inland and Wetland Stormwater Bond for Appl 03-21P, ECHN. Bazzano seconded the motion. The motion carried and the vote was unanimous.
Choate made a motion to reduce the $100,000 Inland and Wetland mitigation bond for Appl 03-21P, ECHN to $20,000. Bazzano seconded the motion. The motion carried and the vote was unanimous.
Choate made a motion to release the $10,000 Inland and Wetland Detent Bond for Appl 02-76P, Summerwood SRD. Bazzano seconded the motion. The motion carried and the vote was unanimous.
Choate made a motion to release the $5,000 Inland and Wetland E & S Bond for Appl 02-76P, Summerwood SRD. Bazzano seconded the motion. The motion carried and the vote was unanimous.
MINUTES: Minutes will be deferred to the next meeting date.
ADJOURNMENT:
Choate made a motion to adjourn the meeting at 9:25 p.m. Pacekonis seconded the motion. The motion carried and the vote was unanimous.
Respectfully Submitted:
____________________________
D. Maria Acevedo
Recording Secretary
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