MEMBERS PRESENT: Chairman Patrick Kennedy, Gary Bazzano, Louise Evans, Bart Pacekonis, Mike Sullivan, Suzanne Choate.
ALTERNATES PRESENT: Daniel Jeski, Dave Sorenson, and Viney Wilson sitting for Cliff Slicer.
STAFF PRESENT: Marcia Banach, 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, April 26, 2007 and Thursday, May 3, 2007.
1. 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 addressStreet420 John Fitch Boulevard, I zone
Robert Smith, G & S Scrap Metal gave the following update:
· Progress is being made; pictures of containers have been submitted.
· Environmentally safe site
· Steel will be Separated and them shipped to the factories
· Hours of operation will be 7 a.m. to 4 p.m. Monday –Friday and Saturday 7 a.m. to 12 p.m.
· Minimal noise on Saturday mornings, only pick up and drop off of materials
· No heavy machinery running early in the morning
Banach provided the following planning update:
· New updated plan was submitted
· Photos of the roll off containers and indoor containers submitted
· Copies of roadway easement submitted, it is a private easement between two parties
· Clean up is progressing, material is being screened and sorted. They need another two weeks to complete the clean up. It would be appropriate to table the item at your regular meeting.
Doolittle provided the following engineering update:
o New updated site plan.
o Site is flat, mostly gravel.
o There are two discharge points that have been identified, at the northern part of the site. Plan shows two vegetative filter strips, grass areas, at the two discharge points. Most of the storm water dissipates throughout the site.
o There is a proposed storage container area, very little pavement on site, small amount of pavement in front of the existing building to the east, the bulk of the site is gravel.
Public input was requested.
Attorney Kathryn Hale, representing the Chapel Hill Condominium Association, spoke against this application. She submitted pictures for the record. Her concerns centered on site clean up not being complete, no place for tractor trailers to make a left turn on route five, noise that will be generated from site on Saturdays, and drainage issues.
A letter dated March 22, 2007 from South Windsor Police Services was submitted for the record. (Exhibit A)
Attorney Daniel Kleinman, representing the owner of the private road, spoke against this application. His concerns centered on the condition of the road, heavy vehicles traveling on road, sharp turn on to right of way, traffic study not done on site, drainage flowing onto private properties. He requested an extension of the hearing so that his client could have a traffic analysis prepared.
George Haller spoke against this application. His concerns centered on the size of the road, increase in traffic, and drainage onto his property.
Discussion ensued among the Commission members with the following comments and concerns: Replies will be in Italics.
· Clarification of location where scrap metal will be unloaded onto ground. Behind the containers shown on the plan (to the east of the containers).
· Number of containers. Four or five containers at a time.
· Drainage where materials will be dropped off? Doolittle: The site is very flat. Regrading is being done on site. Runoff can go toward north or east but it would have to be very heavy rainfall for runoff to be generated.
· Inspection of all deliveries before drop off as a condition for approval. No problem with having loads inspected.
· Concern with people dropping material directly onto bare ground.
· Is applicant is willing to construct an asphalt area for material to be dropped off? Asphalt would break apart when material is being picked up with heavy equipment.
· The Commission has no control over the easement for the private roadway; that is between the owner of the roadway and the owners who have an easement over the roadway
· Any traffic reports to STC?. Banach noted that the state traffic commission has no jurisdiction due to size of operation. Doolittle agreed with Banach.
· Type of materials to be recycled. Different metals will be recycled.
· Proposing to build any new buildings on property. No new buildings.
· Number of trucks on site. Twenty to twenty-five vehicles on site
· Site plan is acceptable for this type of site.
· Hours of operation on Saturday - can the business open at 8 a.m. instead of 7 a.m.? Applicant would like to open at 7 a.m. in order to be available when the contractors are working. If any problems arise he is willing to open later (8 a.m.).
· Any noise complaints? Banach –no
Pacekonis made a motion to continue the public hearing of Appl 07-13P, G & S Scrap Metal. Sullivan seconded the motion. Sullivan, Bazzano and Pacekonis voted to keep the public hearing open for this application. Evans, Choate, Wilson and Kennedy voted against continuing the public hearing. The motion failed 3-4.
Kennedy closed the public hearing at 8:55 p.m.
2. Appl 07-12P, Evergreen Walk, LLC - request for zoning amendment to Section 5.8 to add multi-family residential use as a Special Exception use under certain conditions in the Buckland Road Gateway Development Zone.
Alan Lamson, of FLB Architecture, gave the following update:
· The proposed amendment has been updated with revisions noted by the Commission at the previous public hearing, including:
o First phase of general plan of development can’t have more than 50% two-bedroom units
o Added open space requirement of 750 sq. ft. per unit
o All sidewalks concrete, appropriately interconnected with other site uses
o Materials used for exterior- 25% masonry, shakes or shingles; concrete block was excluded
o Interior finishing- natural/cultured stone or acrylic polymer solid-surface counter tops, solid core or solid wood doors, specialty trims such as crown molding
o Deleted the provision that allows for someone to apply for special exception with a final plan; must have a general plan approved first
See exhibit B- Proposed Zoning Regulations Amendments.
Banach had no comments.
Doolittle had no comments
Public input was requested.
Paul Theriault, addressStreet158 Krawski Drive, had concerns with adding residential units, no play areas for children, cost for school children and transportation.
Tom Delnicki, addressStreet130 Felt Rd, spoke against this application. His concerns centered on urbanization of placeSouth Windsor, no benefit to the community, preservation of rural life in town, impact on taxpayers.
Rita Graicerstein, addressStreetKebalo Lane, spoke against this application. Her concerns centered around adequate buffer zone between residential area and proposed apartment area, and the impact on residential area.
Marie Theriault, addressStreet158 Krawski Drive, had concerns with children growing up in apartments, will they have an area to play and ride their bikes, effect on school budget, community benefit.
Bill Krawski, addressStreet130 Buckland Road, spoke in favor of this application.
Discussion ensued among the Commission members with the following comments and concerns: Replies will be in Italics.
· Concerns with basic interior finishes. Interior finishes will be of superior quality.
· Concern that the 200-unit cap will be lifted to allow more units. The Commission always has complete control over whether regulations get modified or not.
· Wording should be changed on first page from every to all and other minor wording changes to be made. Agreed.
· Clarification on phasing and 110 units. No phase can have more that 110 units.
· Could the second phase begin before the first phase is completed? No
· Buffer between residential and non-residential: can it be any residential use? That would be fine.
· Concerns with open space and overall scale; buildings could go vertical. Anything above three stories could not be done with a conventional frame, resulting in much higher costs.
· Size of units, other developers could come in the future and go vertical to four stories. No problem with putting in the original 3000 sq ft of undeveloped land per unit that we originally had. Can’t go higher than four stories without the approval of this commission. You can’t go higher than three economically with multi-family residential because of building code requirements.
· Did the board of education base their answer regarding the number of school children on a study done by you? The applicant left it to the board of education’s discretion to make that decision.
Bazzano made a motion to continue the public hearing of Appl-07-12P, Evergreen Walk, LLC. Pacekonis seconded the motion. Pacekonis, Jeski, Bazzano, Sullivan voted to keep the public hearing open. Kennedy, Evans and Choate voted against keeping the public hearing open. The motion passed 4-3.
The public hearing of Appl 07-12P was continued.
3. 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 addressStreet36 McGuire Road (northerly side of addressStreetMcGuire Road, westerly of Route 5), RR zone
Karen Isherwood, P.E. from Design Professionals, had the following comments:
· The lot is located between commercial development to the south and a highway ramp to the north.
· This parcel is 59,258 sq. ft.
· The architectural elevations submitted show front porches and the appearance of a single family unit from the front.
· This application is supported by the neighbors. A letter from Stan Krajewski supporting this application was submitted for the record, along with a petition signed by sixteen area residents that also support this application. (See Exhibit B)
· A variance was granted for the 50-foot buffer.
· The plans meet all zoning criteria for the RR zone
· A two car garage is located to the rear of the dwelling in the basement level.
· Public water will service site, also designed private septic system for the two units.
· Traffic impact will not be detrimental to the neighborhood.
· Minimal adverse impact on existing uses in the area.
· Regarding the engineering concerns with the turning maneuverability for the driveway for the easternmost unit, the applicant is providing 42 ft from the back of the deck.
· It is the applicant’s intent to have a gravel driveway, five to ten ft. concrete apron at the street as needed and leave the rest as gravel.
· Regarding Engineering recommendations to correct the pavement patching detail, the applicant will be patching up the roadway in that location.
· The town sanitarian has indicated that he will have no problem approving these plans.
· No wetlands located on property, the applicant will keep the surrounding trees as a buffer.
· No historic sites in the area
· It’s a side by side duplex with grey vinyl siding, concrete finish on the foundation wall. Will add details as budget allows.
Banach gave the following planning report:
Request for special exception to 4.1.14 and site plan approval for a duplex on property located at addressStreet36 McGuire Road, RR zone. The Commission recently adopted an amendment allowing duplexes by special exception provided the following conditions are satisfied:
No more than one duplex dwelling is allowed per lot.
The subject lot is either:
Contiguous to or across the street from a commercial or industrial zone, i.e., it serves as a transitional parcel between single-family residential and commercial (or industrial) zones; and/or
The subject lot is contiguous to another lot containing a multi-family dwelling;
The lot must meet or exceed the minimum lot size requirements of the zone.
The duplex dwelling must have the exterior appearance (from the street) of a single-family home.
placeLot size is 1.36 ac; minimum lot size allowed is 40,000 sf. Frontage is 262 feet; minimum allowed is 175 feet. Front yard setback is 52 feet, 50 feet required.
Special Exception criteria include:
a. Traffic impacts will not be detrimental to the residential character of the neighborhood;
b. There will be minimal adverse effects on existing uses in the area;
c. Surrounding property values will be conserved and the character of the neighborhood will not be unduly disrupted;
d. Impacts will not be detrimental to the capacity of present and proposed utilities, streets, drainage systems, sidewalks, and other infrastructure;
e. The land is physically suited to the proposed use and minimal adverse environmental impacts are created; and,
f. Due consideration to preservation of historic factors has been demonstrated.
The Special Exception regulation also allows the Commission to impose additional conditions on the application if needed.
The applicant received a variance from the ZBA on 4/5/07 for the elimination of the buffer along the front property line.
There are no regulated wetlands on the site; therefore no IWA/CC application was necessary.
The site will be serviced by public water and a septic system.
If this application is approved, there are no requested approval conditions.
Doolittle had engineering comments.
o The Driveway is square on the north side, there isn’t enough room for a vehicle to turn around we are requesting for a turn around area to be added to the pavement or the gravel on the north or on the eastern side of the driveway.
o Septic system is in the process of being approved by the sanitarian
o If the driveway is going to be gravel I ask that the 20 ft. long apron from the existing roadway be paved to allow safe access from the property
o I asked the applicants’ engineer to revise the drainage statement; it includes language as follows, “the increase in peak run off is negligible”. It is not negligible; it may have a negligible impact on adjacent property. There is an increase in peak run off because of where it is in the watershed, it will not have an impact on abutting property.
Public input was requested.
Albert Chase, addressStreet20 McGuire Rd, Spoke in favor of this application.
Bazzano read two letters into the record, from residents that support this application.
Discussion ensued among the Commission members with the following comments and concerns: Replies will be in Italics.
· Concerns with back side of property facing I-291, steep drop off, suggest a fence to prevent an accident. Applicant has agreed to put up a low fence in the back of property; was trying to limit the grading to retain the trees and keep the buffer.
Kennedy closed the public hearing at 10:15 p.m.
PZC-sponsored amendment to Section 5.8, Buckland Road Gateway Development Zone, to clarify that the intent of the zone is to create developments that do not resemble typical “strip commercial centers,” to define various terms, and to clarify distribution of parking spaces around buildings.
Kennedy read the following summary into the record.
¨ Purpose of the amendment is to add certain definitions and requirements to clarify that the Buckland Road Gateway zone does not allow the typical strip commercial center. Definitions have been added for:
· Strip commercial center,
· Pedestrian-friendly/pedestrian-oriented,
· Human scaled, and
· Pedestrian amenities.
¨ A new paragraph has been inserted under Section 5.8.2, General Concepts, that specifically notes that it is the express intention of the Gateway Zone regulations to result in developments that do not resemble typical strip commercial centers. The four words for which there are new definitions are included in that paragraph to describe exactly what is expected for Gateway Zone developments.
¨ Section 5.8.6.d., Site Improvements, has been revised as follows:
· The paragraphs within Subsection 5.8.6.d.(c), Off-Street Parking, have been numbered for ease of referral. The paragraph within the existing regulations that began with, “Off-street parking shall generally be distributed around buildings” has become subsection (3) and has been modified to include exact specifications for distributing parking around buildings.
· Under the proposal, not more than one-third (33%) of the parking shall be located between the principal building and Buckland or CityplaceOakland roads. If there is secondary street frontage, not more than 25% of the parking can be located between the buildings and the secondary street.
· The revisions clarify that certain types of parking areas are still allowed even though they do not meet the above requirements, because the parking areas are even more separated from addressStreetBuckland Road than required. These parking areas include:
§ Parking primarily or entirely surrounded by the buildings (courtyard effect);
§ Parking areas screened from Buckland/Oakland roads by the principal buildings;
§ Parking distributed around three sides of the principal buildings, provided not more than 33% of the parking is located between the principal building(s) and Buckland or CityplaceOakland roads.
· A waiver provision has been added to encourage creative, outstanding parking lot design with features that cause the parking lot to become an integral design feature of the site.
¨ Uncoordinated site signage can also be one of the items that contributes to the appearance of a strip commercial center. Thus, a revision has also been made to the signage requirements under Section 5.8.6.c.5 to require that multiple-tenant facilities must present a coordinated signage plan at the time of site plan application.
Banach had no comments.
Doolittle had no comments.
Public input was requested.
Peter DeMallie from Design Professionals had the following concerns: pedestrian access to the site, size of buildings, number of tenants, setback of buildings, no waiver provision.
Karen Isherwood, Design Professionals had the following concerns: wetlands and access management, front yard set backs, and minimum lot depth.
Discussion ensued among the Commission members with the following comments and concerns: Replies will be in Italics.
o Waiver provision was put into the regulations.
o Pedestrian friendly definition should be looked at.
Banach responded that eventually there will be sidewalks along the length of addressStreetBuckland Road, making the buildings more accessible from the street. All the parking was not intended to be put in the front of the building because crossing large parking lots to get from the street sidewalk to the building is not conducive to pedestrian activity. For example, ECHN has parking on all sides of their building, and all parking areas are narrow enough to easily cross, which makes their building more pedestrian accessible. Evergreen Run and Doctor Grillo’s are other examples of sites that have good pedestrian access.
Kennedy closed the public hearing at 10:40
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:
Extension of meeting
Pacekonis made a motion to extend the meeting past 10:00 PM. Choate seconded the motion. The motion carried and the vote was unanimous.
Choate made a motion to suspend the rules and add an item to the agenda. Bazzano seconded the motion. The motion carried and the vote was unanimous.
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 addressStreet36 McGuire Road (northerly side of addressStreetMcGuire Road, westerly of Route 5), RR zone
Choate made a motion to approve the above application with the following conditions:
1) No building permit will be issued until the final mylars have been filed in the Town Clerk's office.
2) An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.11 of the Zoning Regulations.
3) Footing drains are required if the building has a basement.
4) All plans used in the field by the developer must bear the stamp and authorized signature of the Town of placeCitySouth Windsor.
5) Septic system and/or private well final design(s) must be submitted to and approved by the Environmental Health Officer prior to filing of mylars and issuance of building permits.
6) Engineering comments dated 5/7/07 must be addressed to the satisfaction of the Town Engineer.
7) A 20 foot paved driveway is required at the intersection of addressStreetMcGuire Road
8) A low fence must be installed along the northeast corner of the driveway to separate the driveway from the slope
The attached special exception form must be completed and filed in the Town Clerk’s office. The special exception will take effect upon filing.
Sullivan seconded the motion. The motion carried the vote was unanimous.
2. PZC-sponsored amendment to Section 5.8, Buckland Road Gateway Development Zone, to clarify that the intent of the zone is to create developments that do not resemble typical “strip commercial centers,” to define various terms, and to clarify distribution of parking spaces around buildings.
Discussion ensued among the Commissioners.
§ The definition of “Pedestrian friendly/pedestrian oriented” part read: …access to and within the site, instead of “access to the site”.
Choate made a motion to adopt the above mentioned amendment with the finding that the proposed regulations are consistent with the Town Plan of Conservation and Development. The amendment is effective upon publication.
Evans seconded the motion. The motion carried and the vote was unanimous.
3. Appl 07-12P, Evergreen Walk, LLC - request for zoning amendment to Section 5.8 to add multi-family residential use as a Special Exception use under certain conditions in the Buckland Road Gateway Development Zone
Public Hearing is still open on the above mentioned item..
4. 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
Commission Pacekonis recused himself. Kennedy appointed Jeski to sit for Pacekonis.
Banach reviewed the proposed zoning amendment.
Discussion ensued among the Commissioners
§ The number of single family units should be limited, as it is a multi-family zone
Choate made a motion to approve the above application with the condition that no more than 10% of the dwellings can be single family, and with the finding that the proposed regulations are consistent with the Town Plan of Conservation and Development. The regulation is effective upon publication.
Jeski seconded the motion. The motion carried and the vote was unanimous.
5. 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 addressStreet420 John Fitch Boulevard, I zone
Pacekonis made a motion to table the above mentioned application pending completion of the clean-up of site. Sullivan seconded the motion. The motion carried and the vote was unanimous.
OTHER BUSINESS:
None
BONDS: Callings/Reductions/Settings
Bazzano made a motion to reduce the landscaping bond for Appl 99-22P, placePlaceNameUnity PlaceTypeChurch, from $2,000 to $1,000. Sullivan seconded the motion. The motion carried and the vote was unanimous.
Pacekonis made a motion to release the IWA/CC bond for Appl 99-22P, placePlaceNameUnity PlaceTypeChurch, in the amount of $3000. Jeski seconded the motion. The motion carried and the vote was unanimous.
MINUTES:
The minutes of 3/13/07, 3/27/07, and 4/10/07, were accepted by consensus with minor corrections to be made.
ADJOURNMENT:
Choate made a motion to adjourn the meeting at 11:00 p.m. Bazzano seconded the motion. The motion carried and the vote was unanimous.
Respectfully Submitted:
____________________________
D. Maria Acevedo
Recording Secretary
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