MEMBERS PRESENT: Chairman Patrick Kennedy; David Sorenson, Louise Evans, Mike Sullivan, Bart Pacekonis, Mark Abrahamson, and Timothy Moriarty
ALTERNATES PRESENT: Viney Wilson, Daniel Jeski
STAFF PRESENT: Michele Lipe, Assistant Director of Planning
Jeff Doolittle, Town Engineer
PUBLIC HEARING - COUNCIL CHAMBERS
Evans read the legal notice as it was published on Friday December 28, 2007 and January 4, 2008.
1. Appl 07-63P, Sunrise Assisted Living Facility - request for a special exception to article 7.3 and site plan of development for an 80 unit (66,156 sf) assisted living facility on property located on the northeasterly corner of Deming Street and Buckland Road, GD zone
Peter DeMallie, President of Design Professionals, reviewed the site as follows. The applicant is proposing a 3 story building, approximately 66,000 sq ft in size with 80 units in the Gateway Development Zone. They are proposing forty eight parking spaces on site. The sidewalks are proposed go around the entire frontage of Deming Street and Buckland Road and interconnect with pedestrian pathways. The third floor is for people with memory impairment. The highest point of the building is 44 ft. The building will be 87 ft away from the nearest single family neighborhood.
The West Hartford Sunrise facility was toured by Design Professionals and it is an attractive facility that is continuously being improved. Inside the facility there were many activities going on with the residents. This is a healthy protected environment for elderly residents. The applicant met with residents of Deming Street at the Town of South Windsor Public library and received good feedback from them. The residents on Deming Street had concerns with the traffic on Deming Street and felt that an assisted living facility would be better suited for the site instead of retail. Sunrise Development will be a low traffic generator.
The building alone will cost 12 to 15 million dollars to build. The building materials will be of steel and concrete. Sunrise Assisted Living will provide residents with transportation to appointments or shopping centers. They will employ about 75 staff members, which is a combination of day and evening shifts. The average age for entering this facility is 83 years old.
Patrick Mallon, Developer for Sunrise discussed the background history of Sunrise. Sunrise Assisted Living was founded in 1991 and it was designed to be a non institutional facility. It is the largest provider for senior care services in the United States. To date they have built three communities in Connecticut and one was recently approved in Trumbull. The facility is set up for frail elderly residents and can provide services like grooming, bathing, transportation and meals. Sunrise provides a 30 day rental lease and it is not tied in to a long term lease. The facility has on site walking trails, a recreation area for residents, as well as a library, and a salon. There are no cooking facilities inside the units. The residents would eat their meals along with other residents in the dinning
hall. This application presents a low impact on traffic and schools and it is a high generator of tax revenue.
Karen Isherwood, Project Manager with Design Professionals had an engineering report as follows.
o All drainage flows off site toward the existing storm water pipes.
o There are two 12 inch pipes which drain the 6.5 acres off site that includes some of the drainage from Calvary Church.
o There are no wetlands on the property.
o The proposed site plan meets all the current Town of South Windsor zoning regulations.
o Front yard set back is 129.5 from the building to Deming Street and 143.5 ft from the building to Buckland Road.
o The applicant proposes 48 parking spaces on site, there are 32 other parking spaces spread out throughout the site.
o Outdoor recreation area is 1.04 acres which includes the sidewalk and landscaped areas.
o Proposed access to the water main located within Deming Street.
o Proposed sewer will be accessed through the sanitary lateral on Buckland Road.
o The grading on the water quality basin has been modified based on the drainage area that will be entering the site.
o A small orifice will reduce the higher peak flows to a controlled peak rate for all storm events.
o The comments from the Town Engineer will be addressed.
o The location of the sanitary lateral will have to be relocated at the request of the Town Engineer. Changes have been submitted to the Town Engineer.
o The grass paved fire access lane has not been approved by Fire Chief or Fire Marshal.
o The Fire Marshal has requested for the plans to show that the fire lane as paved and it should be 20 ft wide to have access to the rear of the building.
o There will be a 6 ft wide concrete sidewalk and a minimum 20 ft paved driveway that will only be used by emergency vehicles.
o The twin pipes on the site were inspected by Karen Isherwood and she found them to be clean, clear and no breaks in the pipes were found.
o Final plans will show that one of the signs on the property will be brought back to the 65 ft side yard set back to comply with the Town's zoning regulations and the entrance sign will be eliminated.
o No adverse environmental impacts will be created as a part of Sunrise Development
o No wetlands will be disturbed on or off site.
Attorney Harold Cummings, representing Deming Plaza LLC discussed the legal use of the drainage pipes on the property as follows. In the Town Engineer's memo a question was raised about whether or not Sunrise had the legal right to use the 12" storm pipe that Isherwood referred to in her report. Attorney Cummings stated that in his legal opinion the owner of Deming Street and Sunrise Development had the legal right to direct the drainage flows as shown on the plans submitted with the above reference application (see exhibit 2).
Galen Semprebon, Traffic Engineer for Design Professionals reviewed the traffic study as follows. Sunrise Development is a low traffic generator. Most traffic will be generated by visitors and employees. Semprebon counted 32 trips for Saturday peak hours. Timed studies were done over a two hour time period to determine the speed of the vehicles that were traveling up Deming Street going eastbound and coming through the intersection. The results were that the 85th percentile speed is less than 25 mph. The fastest vehicle that was timed during that two hour time frame was traveling at 35 mph. The site lines from the proposed driveway of the Sunrise Development are adequate for the vehicle speeds as they travel through the intersection.
Ben Wheeler, Project Manager with Design Professionals presented the landscaping plan as follows. The existing vegetation on site is a sloping meadow that is currently not being maintained. Most of the trees on the site will be saved except for a small portion that will be removed to develop the parking area. The site will have a residential look with mixed plants such as rhododendron, lilac and hollies. The shrubs will be spread throughout the site concentrating mostly at the entrance and drop off area. The building is surrounded by a sidewalk and benches are scattered throughout site. The path leads to a small garden to the south of the property and it contains a gazebo that residents will be able to use. The northeast corner of the building contains a sensory garden with its own walking path that
is enclosed by a 5ft picket fence for additional screening and security. The applicant has provided 11.3 % of landscaping in the general parking area and 12.5 % of landscaping in between the building and Buckland Road. One dumpster will be located on the northern portion of the site that will be completely screened by a wood fence and arborvitae on the outside. No buffer is required along the eastern property line since the site is zoned commercial.
The proposed retaining wall will be between 6 and 7 ft high and it will be a modular concrete retaining wall. The lighting fixtures will be 7 and 8 ft above ground level and they are 100 watts in order to distribute a softer light along the parking area. No lighting fixtures are proposed to the east side of the building where the fire access road is proposed. There are 40 watt lights that will be distributed along the front side walk area for additional lighting. The sign located at the intersection of Buckland Road and Deming Street will be moved back to the 65 ft set back line to comply with zoning regulations.
Dora W. Kay, Architect with Berry Rio, discussed the architectural design of the building on site. The structure of the proposed three story building will be of steel and concrete. The building is equipped with emergency doors that will automatically lock in the event of a fire. The entrance on the building will be a safe drop off point for residents of the building complex. The site will have a bistro and a proposed dining hall where the assisted living residents will be served three meals a day. Residents will have a library available to them. Some units will be fully accessible, designed for residents who are wheelchair bound and the rest of the units are adaptable to handicap residents if needed. All the bathrooms are equipped with extra grab bars in every unit. The units do not have
kitchen areas because all meals are served in the main dinning room. The exterior of the building is residential in nature and the porches are metal and the roof is shingles. The roof is sloped and behind the mansard roof is where the mechanical room is housed. The equipment will not be visible from the street from a reasonable distance.
Ben Wheeler made a clarification of the signage on the site. The signs will be for building identification only and the regulation allows for a sign that is 36 sf instead of 50sft as shown. The final plan will show the modified sign.
Peter DeMallie went over the Plan of Conservation and Development for the Town and how the Sunrise Development is consistent with that plan. This application meets the zoning requirements of the Town. This application is in conformity with the regulations for assisted living, site plan of development, and the special exception criteria as well as the gateway development zone.
Lipe gave a planning report.
1. Request for approval of Special Exception to Section 7.3 and site plan approval for an assisted living facility at 200 Deming Street, GD zone. The proposed building is 66,156 square feet with 80 units on 4.6 acres located on the northeasterly corner of Buckland Road and Deming Street. Commissioners may recall that a site plan was previously approved for a small strip commercial center on this property.
2. The general special exception review criteria in Section 8.4 include:
" The proposal is consistent with the goals and objectives of the Plan of Conservation and Development.
" The application has met the requirements of the zoning regulations.
" The land is physically suited to the proposed use.
" Minimal, if any, adverse environmental impacts are created.
" No traffic or other hazards will be created.
" The impacts on the capacity of the present and proposed utilities, street, drainage systems, sidewalks, and other elements of the infrastructure will be minimal.
" There will be minimal or no adverse effects on existing uses in the area.
" Surrounding property values will be conserved.
" The character of the neighborhood will be maintained or minimally disrupted.
" The general welfare of the community will be served.
" There is a balance between neighborhood acceptance and community needs.
" Historic factors are adequately protected; or due consideration to preservation of historic factors has been demonstrated.
" The overall physical appearance of the proposed development is compatible with surrounding development and the Commission's goals for the neighborhood/corridor.
" The architectural design is aesthetically pleasing and blends well into the surrounding area.
" The Commission may impose additional conditions in accordance with these regulations in order to ensure that all applicable criteria enumerated above and/or within a particular use category are satisfied.
3. Additional criteria specific to assisted living facilities include:
" The Assisted Living Facility proposal will help meet senior housing needs of South Windsor.
" The Assisted Living Facility has been designed to meet the needs of handicapped residents or visitors.
" The architectural design is aesthetically pleasing and blends well into the surrounding area.
4. The facility will be served by a single access drive entering from Deming Street. The applicant has provided a traffic report and the low traffic generation associated with a senior facility should be easily handled by the existing traffic signals at Deming Street/Buckland Road signal.
5. As present
ed, the site plan shows 48 parking spaces. Our regulations require 1 space per 2 dwelling units or 40 spaces for this facility. The applicant is also required to show a reserve parking area equal to the primary parking area, which has been done.
6. Proposed impervious coverage is 35.9%; 50% allowed. Proposed building height is 3 stories/ 37 feet. Under section 7.3.5.B the building height for an assisted living facility may be increased to three stories (45 feet) if the front yard is increased to 125 feet.
7. The Assisted Living Facility regulation requires that the applicant provide at least one acre of recreational area. The applicant has provided an 8 ½" x 11" sheet showing what they consider to be the recreation area, totaling 1.04 ac. It includes the fenced-in garden area as well as a walkway and lawn areas around the perimeter of the building. The Commission will need to determine if the proposed recreation area meets your requirement.
8. The Fire Marshal has reviewed this plan. He requested a paved access drive around the perimeter of the building to provide for emergency access.
9. Public water and sewer are provided. Water Pollution Control Authority approval is required.
10. There are no regulated wetlands on site. IWA/CC approved this application on 12/19/07 with a $20,000 bond to ensure compliance with the erosion and sediment control measures and a $5,000 bond for stormwater structures. There were no unusual approval conditions.
11. The Architecture and Design Review Committee reviewed this site plan on November 15, 2007. The ADRC was pleased with the architecture and landscaping as presented. They did suggest that the color of the retaining wall match the building.
12. A free-standing sign is proposed as shown on the site plan.
13. If the Special Exception and site plan are approved, the Planning Department has no additional modifications to request.
Doolittle gave the following engineering report.
1. The elevations of the pipes in the catch basin towards the southern end of the property and those along Buckland Road still need to be verified.
2. The proposed sewer pipe connecting the building to the sewer main in Buckland Road was revised to be at the minimum allowable slope of 1% to clear under an existing large drain pipe in the road. However, at that slope I was not able to confirm that the sewer flow would attain a self-cleansing velocity of at least 2.5 feet per second (fps) for the peak flow. The engineer's flow estimates were based on a stated per capita flow of 150 gallons per day (gpd) for health care facilities/convalescent homes and a peak factor of 7. Both values appear to be too high for the proposed
assisted living facility. As stated in Fred Shaw's October 24, 2007 letter to Design Professionals, the Town estimates the average flow from the proposed 80 unit facility as 6,900 gpd which is about 86 gpd per unit. Using the engineer's high peak factor of 7, the 6,900 gpd flow has an average velocity of 1.14 fps in the six inch pipe and a
peak velocity of 2.00 fps with the pipe less than ¼ full, which is less than the self-cleansing velocity. Even if the flow was 150 gpd per unit (12.000 gpd total) with a peak factor of 7, the peak flow would not reach 2.5 fps and the pipe would still be less than ¼ full. It appears that this sanitary lateral does not meet the Town requirements. The slope of this pipe needs to be increased, however the existing storm drainage pipe is in the way. One solution to this problem is to route the sanitary lateral to the existing sanitary manhole off the pavement by the corner of Deming Street and pump up to this connection. There needs to be
further discussion and evaluation of alternatives to this issue.
3. The plans were revised to add a note that the contractor is to check the condition of the twin 12 drainage pipes crossing the northwest property line to determine if any improvements are needed to them. Such an inspection should be done as part of the site design with any needed improvements shown on the plan.
4. Since the proposed development is dependent on drainage flow to the northerly property via the twin 12" culverts and an emergency overflow, it would be appropriate to acquire an easement for the right to drain onto the northern property. The engineer stated that an agreement between the previous property owners should document a right to drain. However, in this agreement the owner of the subject site grants some rights to the northern property owner to conduct activities on the subject site but the northern property owner does not grant any drainage rights to the
owner of the subject site. A legal opinion might be appropriate to clarify the need for any drainage rights.
5. A linear symbol is shown north of the entrance driveway for what appears to be a proposed retaining wall. If so, elevations should be shown for the top and bottom of the wall.
6. The retaining wall detail should address that the high side of the wall has pavement five feet behind the wall and any live loads from vehicles should be considered in the wall design.
7. The reserve parking spaces along the eastern side of this site are shown in the proposed drainage swale and in the side yard. To construct these parking spaces the emergency access way will have to be rebuilt as a 24 foot wide paved driveway along with these parking spaces. This will push these parking spaces further into the side yard area and impact the proposed drainage swale. The reserve parking spaces along the eastern side of the site should be relocated to a better area.
8. The details were revised to conform to the current South Windsor standard details but the detail for detention basin outlet is missing two notes and the catch basin detail shows dimensions that differ from the Town's dimensions. A detail should be added for a storm manhole.
9. Sizing calculations need to be provided for the oil/grease separator.
10. This plan will have to be reviewed and approved by the WPCA.
Letters in support of this application were read into the record (see exhibits A-I).
Public participation was as follows.
Anne Gargliardo, resident of 247 Deming Street, spoke in favor of this application. She was concerned with the traffic speeds on Deming Street and how it would affect her since she resides close to the site. She considers the Sunrise Assisted living facility as a better use for the site. The resident mentioned that her son was a reader for the blind and has visited many of the Sunrise facilities in the west and he feels that it would be an asset to the community.
Annamae Davis, resident of 9 Ridge Road spoke in favor of the Sunrise Development application. She mentioned that she attended the informational meeting given by the Sunrise Developers and Design Professionals and was very impressed by it. She feels that Sunrise Development is a great addition to the neighborhood.
Dave Caron, 312 Deming Street, spoke in favor of this application. He suggested that the sidewalk be interconnected up to Grandview Terrace to give residents the opportunity to walk up and enjoy the view.
Robert Newton, Purcell Associates an engineering firm in Glastonbury spoke in opposition to the application. Purcell Associates was contacted by Benchmark Assisted Living, the owners of The Village at Buckland Court, to review the application and supporting materials. Stephen R. Ulman, Senior Traffic Engineer with Purcell Associates has generated a letter of comments and concerns regarding the Sunrise Assisted Living application specifically the traffic study. This third party review letter was submitted for the record (see exhibit 1)
Commissioners had questions and concerns. Responses will be in italics.
" What kind of delivery trucks will be coming in to the site? There will be deliveries of medicine and food during business hours only. No tractor trailers. A refrigerated truck would come in about once a week to deliver food and a pharmacy van to deliver medications.
" Is there room for a truck to pull out and back up safely? The correct templates were used and a midsize truck would be able to back its way out of the parking lot.
" What are the requirements for an assisted living facility? There are no requirements for assisted living. The facility attracts the frail elderly who are unable to take care of themselves and need assistance. The average entrance age into the Sunrise Assisted Living Facility is 83 years old and it is mostly people who can no longer live on their own and need assistance with bathing, feeding and personal need.
" Is there a minimum age? No
Peter DeMallie responded that the zoning regulations under assisted living indicate that these facilities are meant for 55 and older. They are designed for seniors and they are populated by seniors.
" How many of the units are handicap accessible?
Dora Kay responded that all units meet the minimum requirements, 10 % are handicap accessible and the rest are adaptable.
" The third party review raises some contradictions to the conclusion of the traffic engineer is he prepared to respond to these?
Galen Semprebon, traffic engineer with Design Professionals responded as follows. The projected traffic volumes were based on Fred Hesketh traffic counts that where done in May and June of 2007. The traffic information needed for this application was taken out of Hesketh report and the portion having to do with the Deming Plaza proposal was factored out, since that project is no longer going forward. The Tuscan Hills counts where factored in, since this is relevant to the current Sunrise Development proposal. The traffic coming down Deming Street to Buckland Road is very low under full build conditions. Time analysis was done to figure out the speed of the vehicles coming through the intersection and if they had time to react and exit the intersection safely. The fastest car in the two hours that the
engineer measured was 35 mph, 85% of the vehicles going through the intersection were traveling at 25 mph. The site distance is adequate for the 85% percentile speeds of vehicles coming through this intersection and it is adequate for this part of the design.
" The third party review refers to the sight lines to the east because it mentions clearing of vegetation on the east of Deming Street to improve the sight lines. (see exhibit 1)
Galen Semprebon responded that when the proposed access drive was moved down it helped to make the sight lines better, also the vegetation on the east of Deming Street was already removed by Public Works.
" More clarification needed about the Fire Marshall's request regarding the paved fire access.
The applicant has met with the Fire Department to discuss the proposed fire access. The material specification was submitted to them and the Fire Marshall has requested more evidence of other sites that currently have grass paved fire access. He also would like to see evidence of sites where a fire truck has used the grass paved fire access and also where the snow has been paved on the site. Since the applicant was unable to find such a site, the Fire Marshall has asked for the applicant to put the pavement down for the final plan and at a later time a change order could be submitted to request for a different material for the fire access road.
" Clarification needed regarding the open space areas on the site. There is one acre of landscaped lawn areas, which includes the sidewalks with benches and the sensory gardens.
Karen Isherwood addressed item listed as (A) in the Purcell Associates third party review as follows. (See exhibit 1)
The statutes for handicap parking are constantly changing; the applicant will research the regulations and if it is not correct modifications will be made to the site plan. The applicant does not intend to provide additional reserve parking unless it is required.
" Concerns with residents who might wander out to Buckland Road, and if there are any plans to fence the property in. There is no fencing that prohibits any of the residents from walking the premises; the only area that has fencing is the sensory gardens.
Patrick Mallon, from Sunrise Development responded that the third floor of the building will be populated by memory impaired residents. The residents have access to an outside terrace deck that they can use. The memory impaired residents are not allowed to come down unless they are accompanied by someone, the third floor is a total locked down secured unit.
" In the past there were plans to widen Deming Street, would the widening increase the sight lines. The widening was going to be between the site drive and the Buckland Road intersection which would not have any impact on the sight lines.
" Does the traffic study take into account emergency vehicles? Do we know how many emergency vehicles frequent the other assisted living facilities that are in existence?
Galen Semprebon responded that it would be a low number of emergency vehicles generated.
Patrick Mallon, Sunrise Development responded that based on the other facilities, emergency vehicles come to the property about 3 times a day or less.
Peter DeMallie, Design Professionals, responded that these emergency vehicles that come to the site are not 911 calls, they are for transporting residents to other facilities and most of them are already pre-programmed.
" Concerns with putting memory impaired residents on the third floor and how that would work in the event of a fire.
Dora Kay, Berry Rio, responded that since the building classification is I-2 use or a nursing home, the resident would not be moved in the event of a fire or emergency, they would be placed in a safe location until emergency services arrive. The memory impaired residents that are in the third floor are in a safe environment.
" How will the changing of the emergency access impact the sewer and drainage?
" Will there be any program to administer medications to the elderly residents that cannot do it on their own?
" Are there any plans for adult daycare in the future?
Patrick Mallon responded that the facility will offer a Med Reminder program where an assistant would make sure that the resident is taking his/her medication. There are no plans for an adult day care in the future.
Karen Isherwood responded to the first question regarding the emergency access and how it would impact the drainage. When the analysis was done for the storm water management plan the area was considered to be pavement since the material to be used for the fire access was not determined yet. There will be no difference in the drainage of water if another material like the grass pavers is used.
" Commissioners agree that Sunrise Development is a better use of the property than the previously approved Deming Plaza. When the Town completes the improvements to Deming Street it will hopefully relieve the traffic congestion.
Kennedy asked the representative from Purcell Associates if the objection to the Sunrise application was based solely on traffic, since Purcell Associates was contracted by owners of The Village at Buckland Court which is another assisted living facility.
Robert Newton, Purcell Associates responded that it was solely based on traffic and that the letter from Mr. Ulman indicates his concern was with the sight line distance across the intersection of Buckland Street.
Kennedy asked Galen Semprebon to clarify the sight line issue.
Galen Semprebon, Traffic Engineer with Design Professionals, stated that the sight line to the east meets the requirements. The sight line to the west for vehicles traveling eastbound is approximately 370 ft which meets a 35 mph design speed. A speed study was conducted to determine the speeds of the vehicles traveling through the intersection of Buckland Road and Deming Street going east bound on Deming Street and across Deming Road. The results were that the 85th percentile speed is less than 25 mph. The fastest vehicle that was timed during that two hour time frame was traveling at 35 mph. As a result of the study the engineer found that the sight lines are adequate for the development.
The hearing was closed at 10:05 PM.
2. Appl 07-59P, Caron Site Plan (570 Sullivan Avenue LLC) - request for special exception to article 4.1.1.A, general repairer's license, site plan approval for storage and temporary and conditional permit for sales of construction equipment on property located at 570 Sullivan Ave., I zone
Peter DeMallie, President of Design Professionals presented the application as follows. The applicant proposes to abandon the existing driveway and install a paved yard. The applicant will create a yard that will be screened from view from Sullivan Ave. The applicant will need to clarify the dealer's license from Department of Motor Vehicles since he plans to buy and sell used vehicles. The yard will be used to store building materials as well as used cars. The applicant has received letters from the zoning enforcement officer addressing the activities on the site and suggesting that the applicant submit a site plan. The applicant does not plan to use the rear of the property at this time. In the future if he wanted to use the rear of the property he would have to come before the Commission for an
approval. This application proposes a paved yard for the storage of building materials and construction materials. There is a special exception request for the storage of heavy building materials on site. Outdoor storage and display will not be visible from a public street. There is a proposed chain linked fence that will be 8 ft tall for the front of the site. The first use will be storage and sales of construction equipment and trucks, second will be building and related material storage and sales not limited to lumber, third is display of construction equipment and trucks for sale, lease and rental. In addition the applicant plans to use the site for storage of vehicles pursuant to a used car dealer's license. The yard will be obscured by landscaping and Ben Wheeler will address that part of the application. This application will be a low traffic generator.
Galen Semprebon, Engineer with Design Professionals described the site as follows.
The site plan was designed to protect the environment. The applicant was willing to pay for the cost to install pavement on the entire storage yard to protect from oil and grease that could drip into the soil. A storm drainage system will be installed to collect all the run off from the yard which will go through catch basins and then through a storm ceptor unit. The applicant is proposing a water quality/detention basin that would then discharge into the existing storm system on site, the basin will provide a flow and additional cleansing of the storm water. Privacy slats and plantings will be installed to block the view from the road onto the site. The comments from the Town Engineer will be addressed in the final plan.
Ben Wheeler described the landscape on the site as follows. All the landscaping proposed will be along the frontage, between the storage yard and Sullivan Avenue. The privacy slats will be installed for the fence portion that fronts Sullivan Avenue. A row of arborvitae will be planted and at maturity they should be at least 8 ft. tall, which would cover the fence behind them. Six flowering pear trees are proposed along Sullivan Avenue.
Peter DeMallie, President of Design Professionals mentioned that the applicant would like to make some minor improvements to the building. The Planning staff has informed the applicant that the application would have to be re-advertised to mention the used car license portion and another hearing will have to be held to address that as well as the proposed improvements to the building. The applicant is requesting to continue the hearing until January 22, 2008.
Lipe mentioned that under the zoning regulation used cars is considered a special exception use and should show up in the legal notice as a used car even if the intent is to whole sale cars. The legal notice was deficient for what is being proposed at this hearing.
Lipe gave the following planning report.
1. Request for special exception to article 4.1.1.A, general repairer's license, site plan approval for equipment and material storage and temporary and conditional permit for sales of construction equipment on property located at 570 Sullivan Ave., I zone. There is an existing building on the site that will be re-utilized and the applicant is proposing to relocate the existing entrance to the east side of the site and closing the existing curb cut.
2. The applicant's narrative indicates that he is requesting approval for :1) storage and sales of construction equipment, including heavy construction equipment and trucks; 2) building and related materials storage and sales, including but not limited to lumber; 3) display of construction equipment and trucks and heavy construction equipment for sale, lease or rental; and 4) general contracting establishment and related operations, including but not limited to storage of construction equipment, construction pipe and materials, including stockpiles.
3. Maximum impervious coverage allowed is 65%: 31.8% proposed. Lot size is 9 acres; minimum lot size allowed is 30,000 sf. Frontage is 247 feet; minimum allowed is 150 feet. Front yard setback is 50 feet, 50 feet allowed.
4. Special Exception criteria:
" The proposal is consistent with the goals and objectives of the Plan of Conservation and Development.
" The application has met the requirements of the zoning regulations.
" The land is physically suited to the proposed use.
" Minimal, if any, adverse environmental impacts are created.
" No traffic or other hazards will be created.
" The impacts on the capacity of the present and proposed utilities, street, drainage systems, sidewalks, and other elements of the infrastructure will be minimal.
" There will be minimal or no adverse effects on existing uses in the area.
" Surrounding property values will be conserved.
" The character of the neighborhood will be maintained or minimally disrupted.
" The general welfare of the community will be served.
" There is a balance between neighborhood acceptance and community needs.
" Historic factors are adequately protected; or due consideration to preservation of historic factors has been demonstrated.
" The overall physical appearance of the proposed development is compatible with surrounding development and the Commission's goals for the neighborhood/corridor.
" The architectural design is aesthetically pleasing and blends well into the surrounding area.
The Commission may impose additional conditions in accordance with these regulations in order to ensure that all applicable criteria enumerated above and/or within a particular use category are satisfied.
5. The applicant has provided notes on the plans regarding what items and materials might be stored on site. Part of the applicant's request includes a temporary and conditional permit for the outdoor display of products. Staff asked for more specificity regarding the proposed uses based on the manner in which the site has been used for the last year or so. Staff have observed and documented the site being used as a storage area for junk vehicles, stockpiles of assorted construction materials, tanks, a camper and storage for construction vehicles and box trucks, all without any site plan approval or screening. Staff want to assure that the site plan reflects actual uses and material storage, and that any approval granted by the Commission is specific enough that the lot does not become a junk or scrap
materials storage yard. Pictures have been provided as to its current state.
6. The applicant is proposing to screen the storage yard with an 8 foot high chain link fence, with privacy slats and closely-spaced arbor vitae trees proposed only for the fencing facing Sullivan Ave. How will the view into the storage yard be shielded from vehicles approaching from the east?
7. This property is subject to the provisions of access management. One existing curb cut is being eliminated. There does not appear to be an opportunity to interconnect to the front lots on either side. The site to the west has been traditionally used as a trucking facility with security fencing, which inhibits interconnection.
8. The parking requirements indicate that 8 spaces are required based on 1 space per 700 sf of gross floor area. Is there any office space within the building? If yes, the office parking requirement needs to be calculated separately.
9. There is no new lighting or new signage proposed.
10. Section 6.4.6 provides parking lot landscaping requirements. All parking areas require landscaping between the street and the perimeter parking; six ornamental pear trees are shown on the plans.
11. There is a detention basin proposed that will not be visible from Sullivan Ave.
12. There are regulated wetlands on the site. The applicant received IWA/CC approval on 12/19/07 with a $5,000 bond to ensure compliance with the erosion and sediment control measures and a $5,000 bond for stormwater structures and no unusual approval conditions.
13. The Fire Marshal has reviewed this plan. He has requested that the fire hydrant on site be serviced to ensure that it is in working order.
14. There is a dumpster pad shown behind the building.
15. If this application is approved, the planning department requests that the above-noted comments be addressed on the plans and that the site be brought into compliance with the approved site plan within 90 days.
Doolittle gave the following engineering report.
1. Existing drainage structures and pipes that are not being used need to be removed as they will probably not be maintained.
2. The proposed detention basin is shown with new grades up to the eastern property line. The basin needs to be moved west about 10 feet so it can be built and graded on this property without any impacts to the abutting property. Show the proposed contours meeting existing contours.
3. The detention basin needs to have an emergency spillway separate from the outlet structure to discharge water if the outlet structure is blocked.
4. Will there be any groundwater in the proposed detention basin? If so the ground water elevation needs to be considered in the sizing and storage calculations for the detention basin.
5. The TF and Inv elevations of the detention basin outlet structure on the topographic sheet and detail sheet and detail sheet are not the same. Further, the outlet orifice sizes and elevations used in the drainage calculations in Appendix D of the Stormwater Management Plan are different from those on the plans. These need to be checked and revised to be the same in the drainage calculations and on all plan sheets.
6. Provide flow calculations used to size the proposed Stormceptor unit.
There was no public participation.
Commissioners had questions and comments. Responses will be in italics.
" Has it been noted that Staff suggested privacy slats on the eastern fenced portion of the property to block the view from the westbound traffic on Sullivan Avenue?
Lipe responded that staff has asked the applicant to address the problem of visibility into the property and privacy slats would take care of that problem. Planning staff has taken pictures of the eastern portion of the fence area and found that there is visibility into the back area of the property, since there is nothing obstructing the view at this moment.
" Concerns with the current use of the property, there are 12 to 15 inoperable vehicles and a number of unregistered commercial vehicles on the property
" Clarification needed on the berm and its location. The original plan showed a 3ft berm, the drive was re-configured and it has allowed for an increase of the berm size to over 5.5 ft tall.
" In the future if the applicant decides to utilize the rest of the property how would he get to the rear of the property? The use of the land in the rear would be restricted due to wetlands on the property; the applicant would have to come before the IWA/CC and PZC with a new application.
" Clarification needed on the used car dealers license, could the site become a used car lot? It will not become a used car lot; it will be used for exporting of vehicles only.
" In the future if someone purchased the property could they turn it into a used car lot?
Lipe responded that the statute currently states that unless it is a family member and the current owner is transferring ownership or changing the name, every site has to go through the hearings process and get approval from the Commission.
" Concerns with the height of the materials to be stored on the property and the type of materials that will be stored on the site.
Sullivan made a motion to continue Appl 07-59P, Caron Site Plan till January 22, 2008 to allow for re-posting of the legal notice. Pacekonis seconded the motion. The motion carried and the vote was unanimous.
REGULAR MEETING - COUNCIL CHAMBERS
CALL TO ORDER:
Chairman Patrick Kennedy, called the meeting to order
PUBLIC PARTICIPATION:
None.
NEW BUSINESS:
Discussion/Decision/Action regarding the following:
Extension of meeting
Sullivan made a motion to extend the meeting past 10:00 PM. Pacekonis seconded the motion. The motion carried and the vote was unanimous.
1. Appl 07-64P, Generation2 Inc. - request for site plan approval for a 11,700 sf office complex to be known as "Wentworth Park Phase II" on property located at 85 Felt Road, RC zone
The above mentioned application was postponed at the request of the applicant.
2. Appl 07-61P, Metro Realty Group and TOSW Housing Authority- request for two consecutive 90-day extensions from the original filing date for recording of mylars.
Sullivan made a motion to approve the above mentioned request. Pacekonis seconded the motion. The motion carried and the vote was unanimous.
3. Appl 07-62P, Kelley Subdivision-request for two consecutive 90-day extensions from the original filing date for recording of mylars.
Evans made a motion to approve the above mentioned request. Sullivan seconded the motion. The motion carried and the vote was unanimous.
OTHER BUSINESS:
BONDS: Callings/Reductions/Settings
None
MINUTES:
None
ADJOURNMENT:
Sullivan made a motion to adjourn the regular meeting. Pacekonis seconded the motion. The motion carried and the vote was unanimous.
The regular meeting was adjourned at 11:00 PM.
___________________________
D. Maria Acevedo
Recording Secretary
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