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PZC minutes 7/10/2007
MEMBERS PRESENT:        Chairman Patrick Kennedy, Gary Bazzano, Louise Evans, Suzanne Choate, Bart Pacekonis, Cliff Slicer and Mike Sullivan
        
ALTERNATES PRESENT:  Viney Wilson and David Sorenson

STAFF PRESENT:  Marcia Banach, Director of Planning
        Jeff Doolittle, Town Engineer

PUBLIC HEARING – COUNCIL CHAMBERS

placeCityWilson read the legal notice into the record as it was published in the Journal Inquirer on Thursday, June 28, 2007 and Thursday, July 5, 2007.

1.      Appl 07-29P, William Mangino- request for a renewal of the two-year temporary and conditional permit to allow two apartments on property located at addressStreet272 Pierce Road, RR zone
Banach had a planning report as follows.  
1.      Request for a renewal of a two-year temporary and conditional permit for two in-law apartments at addressStreet272 Pierce Road, RR zone.  These apartments were originally created through a temporary and conditional permit granted by the ZBA in 1989 and have been faithfully renewed every two years since then.

2.      The wording of the Temporary and Conditional permit regulations is that “Temporary and conditional permits may be granted by the Commission for use which is not specified elsewhere in these regulations 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 with 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”.

3.      The RR zone allows for both accessory apartments and in-law apartments.  However, the regulations do not allow for the creation of more than one accessory/in-law apartment. In addition, there are no provisions in our regulations for multiple apartments in single-family zones.

If this application is approved, the Planning Department has no modifications to request.  We would recommend that the standard approval conditions apply:
This approval is for two in-law apartments for a family member/relative only. When the in-law apartments are no longer occupied by a relative of the family, the apartments cannot be treated as a second dwelling unit. Instead, the kitchens must be removed and the living areas must be converted into other living space for the main dwelling.
This permit will expire in two years, on July 10, 2009, and will have to be renewed at that time if the use is to be continued.  Owner(s) of the property must reside in an apartment or the main dwelling unit. Reaffirmation of occupancy by owner will be required every two years. This will be done via a letter from the Planning Department requesting the reaffirmation of occupancy.
The Town Engineer had no comments.  
There was no public participation.
Commissioners had no comments.
Slicer recused himself from this application.
The public hearing was closed at 7:35 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 07-29P, William Mangino- request for a renewal of the two-year temporary and conditional permit to allow two apartments on property located at addressStreet272 Pierce Road, RR zone
Slicer recused himself from this application.
Kennedy appointed Sorenson to sit for Slicer.
Pacekonis made a motion to approve the above request with the following modifications.  
This approval is for two in-law apartments for a family member/relative only. When the in-law apartments are no longer occupied by a relative of the family, the apartments cannot be treated as a second dwelling unit. Instead, the kitchens must be removed and the living areas must be converted into other living space for the main dwelling.
This permit will expire in two years, on July 10, 2009, and will have to be renewed at that time if the use is to be continued.  Owner(s) of the property must reside in an apartment or the main dwelling unit. Reaffirmation of occupancy by owner will be required every two years. This will be done via a letter from the Planning Department requesting the reaffirmation of occupancy.
Any new building, or alterations/additions to existing buildings, requires a building permit prior to start of construction.
Evans seconded the motion.  The motion carried and the vote was unanimous.
2.      Appl 07-28P, Jay’s Landscaping - request for site plan approval for the construction of a 5,400 sf facility located at addressStreet473 Sullivan Ave., I zone

Karen Isherwood from Design Professionals reviewed the proposal.
Jay Murtha is proposing the construction of an office building and a storage building.  Phase I will have 23 parking spaces, 5 spaces for commercial vehicle use.  They are requesting a parking waiver.  Equipment will be stored in the rear. There is standard erosion control on site.  Plans have been updated to reflect the staff comments as well as wetlands recommendations.  
Banach had a planning report as follows.
Request for site plan approval to operate a landscaping business at addressStreet473 Sullivan Avenue, I zone. Maximum impervious coverage allowed is 65%, 43% proposed. Proposed building height is 23.5 feet; 40 feet allowed. placeLot size is 3.5 ac; minimum lot size allowed is ½ acre. Frontage is 198 feet; minimum allowed is 100 ft. Front yard setback is 110 feet, 50 feet required.
This site does not appear to be suitable for Access Management provisions. The lots on both sides are developed; several sites to the east are already interconnected, and the site to the west has access management provisions as part of its approval conditions.
There will be outdoor storage of landscaping materials as well as a nursery stock holding area, all to the rear of the building and site. The outdoor storage area begins about 300 feet from the front property boundary. If after construction the outdoor storage area is visible from the street, the applicant will need to screen it. The site is currently partially enclosed by a 4’ chain link fence; the applicant proposes to continue the chain link fence in the future.
The general parking requirement for Phase I of this site is 36 spaces. The applicant has shown 23 spaces and 15 reserve spaces, and is also asking for a waiver of 13 spaces. The waiver is not necessary with the 15 reserve spaces shown.
Architectural and Design Review Committee reviewed this proposal on May 17. They were pleased with the design and colors.
Site lighting will consist of 5 decorative lights on 14’ poles, and three wal-pak lights on the building. All lighting will have full cutoff fixtures.
There is a detention basin at the rear of the site.
A lighted, freestanding sign is proposed at the entrance.
There are regulated wetlands at the rear of the site. IWA/CC approved the site on June 6 with a $2,000 bond to ensure compliance with the erosion and sediment control measures and a bond of $5,000 to ensure establishment of the storm water quality basin.
The Fire Marshal has reviewed the plans and has no comments.
Public water and sewer are available. Water Pollution Control Authority approval is required.
There is a dumpsters located to the rear of the building, on a concrete pad, screened by the building itself.
There is a second phase planned for the future, consisting of a 60’ x 60’ building addition. This application does not include a request for approval of the second phase.
If this application is approved, the Planning Department requests that the Special Exception portion of the title be removed and that the parking waiver request be removed.
Doolittle had an engineering report.  
The proposed contour lines, particularly elevation 84, are difficult to differentiate from the curb line and the combined property/fence lines.  Different line weights and more labels would be helpful.  The curb line and silt fence line should be labeled.
The catch basins are labeled as “ST Inlet” which should be described in the legend.
A 12’ by 60’ rectangle between the future building and the outdoor storage yard should be described.
Three corners of the area with the handicap parking space are shown with the same spot elevation, making the area level.  A suitable slope should be shown to allow surface drainage.
The sidewalks adjacent to parking spaces should be shown as six feet wide to allow for vehicle overhang.
The depth of the turn-around area at the western end of the parking lot should be shown.
A construction entrance should be shown.
Due to the flatness of the site, small elevation variations can affect the drainage flow.  The detention basin and adjacent wetland should be shown in a 20 scale detail to better show the elevations, flow directions and treatments at the inlet and outlet.  Sheet 4 should have sufficient space to add a 20 scale detail.
The detention basin inlet should be described to include features such as a flared end with an elevation and a plunge pool.  The forebay should be shown with the required capacity from the drainage calculations.  The high water and permanent pool elevations should be shown.  The detention basin outlet should be shown and described with dimensions and elevations.
The Drainage report narrative should include a description of how the detention basin works during dry conditions and during the design storm.  From the plan it appears that the basin and adjacent wetland will fill to about elevation 81.7 and then spill through a gap in the 82 foot contour to land south of the property, leaving the water below elevation 81.7 trapped in the impoundment.  The drainage report states that there will be no exfiltration.
The purpose of a 6” diameter pipe adjacent to the detention basin and wetland, with 0.0% slope and below the high water elevation, should be described on the plan and explained in the drainage report.
Appendix G in the drainage report concerning the pipe calculations was missing and another copy of the appendix should be provided.
The Type “C” Catch Basin detail is missing the last four notes in the Town’s standard detail.  The current sanitary sewer cleanout detail should be used.
The WPCA will need to approve the plan, including the proposed oil-water separator, which should be designed for an H-20 loading
Discussion ensured among the Commission members with the following comments and concerns:  Replies will be in italics.
·       Concerns with materials that will be used and where they would be stored.  Chemicals are minimal and are kept inside; fertilizer is kept inside because rain ruins it;, landscape materials such as mulch and stone will be stored at the back of the site inside designated bins.  
·       Concerns with dumpster not having an enclosure, recommended that a condition be placed on the applicant to avoid any problems in the future.
Choate 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 $2,000 to ensure compliance with the erosion and sediment control measures and a bond of $5,000 to ensure establishment of the storm water quality basin.
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.
The building street number must be included on the final plan.
Pavement markings must be maintained in good condition throughout the site drives and parking areas.
All free standing signs and/or building signs require the issuance of a sign permit before they are erected.
The Town Engineer’s review comments dated May17, 2007, must be addressed to the Town Engineer’s satisfaction.
If outdoor storage areas are visible from addressStreetSullivan Avenue after construction is complete, the storage areas must be appropriately screened.
The parking waiver request and Special Exception title must be removed from the plans.
If the dumpster becomes a nuisance, must be enclosed.
Bazzano seconded the motion.  The motion carried and the vote was unanimous.  
3.      Appl 07-33P, Central Imports Auto Sales – request for Used Car Dealer license and Site Plan approval for property located at addressStreet713 John Fitch Boulevard, GC zone

Joseph Lawson gave an overview of the proposed improvements to the site. He plans to remove all junk vehicles from site, repaint all existing light poles, repair and maintain lawn area in front of the building, replace broken windows and replace signage on store front.
Banach had a planning report as follows.
Request for site plan approval and used car dealer license for property located at addressStreet713 John Fitch Boulevard, GC zone. This site has previously been used for motor vehicle sales, with the most recent approval granted in January 2006. Historically, the site has been used for the storage of vehicles; and the site has generally been in violation of its former approved site plan. This new applicant is now requesting to reutilize the site for used car sales, focusing primarily on wholesale business, and to bring the site into compliance with the site plan.
A variance was granted in 1981 to Route 5 motor cars, the previous tenant, to allow 15 cars to be parked in front of the building line; this applicant is showing 13 spaces. The plan shows a total of 37 vehicle parking spaces.
As is common with Route 5 sites, the ROW for Route 5 is very wide, and the applicant’s property line is about 50 feet away from the edge of Route 5. If vehicles are parked in front of the building line, they need to at least be on the applicant’s property, not the State ROW.
The existing building is nonconforming to current zoning regulations, with a 33’ setback, 50’ required under today’s regulations.  There are no building additions or modifications proposed with this application other than replacement of broken windows and the addition of signage
Site size is just over a half acre. We note that, while the site plan shows delineated parking spaces, the majority of the site actually is gravel, and the areas in which vehicles are to be parked are for the most part indistinguishable from the remainder of the site.
This site is currently not landscaped. The applicant has proposed to clean up the site by removing junk cars and debris on site– paint the light poles and add shrubbery around the building and planters around the site. These items should be noted on the plans.
One major issue we tend to have with car dealerships is noncompliant lighting and use of spotlights. The previous approval in January 2006 required that site lighting must be brought into compliance with zoning regulations, as there are unshielded spotlights. Also, some of the light poles had been disconnected and were no longer functioning. It seems time that light poles that are no longer functioning should be removed from the site.
The new sign regulations allow both a building sign and a freestanding sign. The building sign would be allowed to be about 60 square feet, and the freestanding sign would be allowed to be 24 square feet.
There currently is no dumpster on site. Does the applicant intend to add a dumpster?  The applicant should be advised that all dumpsters must be placed on a concrete pad and screened.
There is no 100-year floodplain on this site. There are no regulated wetlands on site.
Public water and sewer currently service the site.  WPCA approval is not required.
If this application is approved, the Planning Department has no other requested modifications.
Doolittle had no engineering comments.
Discussion ensured among the Commission members with the following comments and concerns:  Replies will be in italics.
·       Concerns with the light fixtures not being shielded
·       Concerns with having parking spaces in front of the building line—could the parking spaces be eliminated from site plan?  The applicant agrees to eliminate the front row of parking from the site plan and he has no problem with notifying CL&P to shield the light post.  
·       All cars are to be kept in the back of site at all times.
·       The front of site is owned by DOT, therefore shrubs cannot be planted by applicant.
Bazzano made a motion to approve the above request with the following modifications.  
1.      A landscape bond in the amount of $1,000 is required and must be submitted prior to occupying the site.
2.      All bonds must be in one of the forms described in the enclosed Bond Policy.
3.      All free standing signs and/or building signs require the issuance of a sign permit before they are erected.
4.      Any dumpsters must be placed on a concrete pad and screened.
5.      All new site lighting must conform with zoning regulations.
6.      Remove the 13 parking spaces in front of the building line.
7.      Lawn to be established in DOT right of way and planters to be shown on plans.
Choate seconded the motion.  The motion carried and the vote was unanimous.  
4.      Visions Salon- Request for approval of revised elevations, addressStreet207 Buckland Road, GD Zone.
Steve Therault, Schoenhardt Architecture, presented the proposed elevations for the site.  The plans reflect the actual colors that will be used.  The store front was reduced on the east of building. The northeast side of the building will have stucco and brick instead of windows.

Banach gave a planning the following planning report.

It is a four sided building; the back wall will be more visible from addressStreetBuckland Road during the winter when there are no trees that cover it.  There are several other stores in Evergreen Run that have glass on all three sides and they put a display area or fake window in an effort to keep the integrity of the building.  There are so many other solutions instead of using stucco, specially in such a visible location of our Gateway Zone.  

Doolittle had no comments.

Commission members were not satisfied with the proposed design of building and requested that the applicant revise the design of the northeast side of the building and come before the commission at a later date.

No action was taken on this item, pending an updated site plan to reflect revised architectural design.

OTHER BUSINESS:

A letter from James Poulin requesting a 90 day extension before filing of mylars for Appl 07-10P Poulin Interior Lots was read into the record.

Pacekonis made a motion to grant the extension.  Bazzano seconded the motion.  The motion carried and the vote was unanimous.

BONDS: Callings/Reductions/Settings

Pacekonis made a motion to release the $10,000 Inland Wetland Bond for Appl 07-62P, placePlaceNameWentworth PlaceTypePark.  Bazzano seconded the motion.  The motion carried and the vote was unanimous.

MINUTES:

ADJOURNMENT:
Bazzano made a motion to adjourn the meeting at 9:00 p.m.  Sullivan seconded the motion.  The motion carried and the vote was unanimous.

Respectfully Submitted:


____________________________
D. Maria Acevedo
Recording Secretary