MEMBERS PRESENT: Chairman Patrick Kennedy, David Sorenson, Louise Evans, Mike Sullivan, Mark Abrahamson and Bart Pacekonis
ALTERNATES PRESENT: Daniel Van Horn
STAFF PRESENT: Marcia Banach Director of Planning
PUBLIC HEARING - COUNCIL CHAMBERS
" Appl. 08-02P, Regulbuto Major Home Occupation dba Complexions -request for a 5-year major home occupation for skin care on property located at 41 Orchard Hill Drive, AA-30 zone
Chairman Kennedy appointed Dan Van Horn to sit for Moriarty.
Charles Regulbuto presented the application as follows.
" The business will be a skin care home occupation.
" The applicant is semi-retired and is limiting the business to a limited base of present clients only; no growth in client base will be accepted.
" Clients are by appointment only with no overlapping.
" The home occupation is secondary to the use of the building for dwelling purposes.
" No changes will be made to the dwelling.
" There won't be any employees in the home occupation.
" There won't be any outdoor storage.
" No more than one client car will be parked in the driveway during appointments and appointments will not overlap.
" All parking needs will be met on site.
" The home occupation will be conducted completely within the house and will not be visible from the outside.
" There will not be any business vehicles. No hazardous material.
Banach had the following Planning report.
1. Request for a 5-year approval for a major home occupation under Article 7 for a skin care business to be known as "Complexions" on property located at 41 Orchard Hill Drive, AA-30 zone.
2. The reasons for requiring PZC approval are to ensure that:
" The home occupation is clearly secondary to the use of the building for dwelling purposes;
" the home occupation is compatible with other permitted residential uses in the residential district;
" the residential character of the dwelling and the neighborhood are maintained and preserved; and
" all residents have freedom from excessive noise, excessive traffic, nuisances, fire hazards, offensive odors and pollutants, and other possible effects of commercial uses being conducted in residential areas.
3. Performance criteria that must be met include:
" Maximum of 25% of the floor area can be used for the occupation;
" Occupation cannot be visible from the outside of the dwelling unit;
" No entrance or exit may be added solely for the occupation;
" No more than one non-resident employee is allowed;
" The occupation cannot create a volume of passenger or commercial traffic that is inconsistent with the normal level of traffic on the street;
" All parking needs must be met on site; and
" The Commission may require screening of additional parking from the street and from adjacent residential properties.
4. The applicant has provided information demonstrating compliance with the regulations. She is not proposing to have any employees. Clients would come one at a time; up to 3 clients a week. The applicant has indicated that there is adequate parking on-site with a turnaround to accommodate parking needs.
5. The applicant has not proposed any signage. The regulations allow two square feet of sign.
6. If this application is approved, the applicant will complete a home occupation permit form, which contains an acknowledgment that the applicant will abide by the criteria contained in the zoning regulations. The applicant would also be required to return to this Commission upon expiration of the 5-year permit period.
There are no planning or engineering modifications requested.
There was no public participation.
Commissioners had no questions.
The hearing closed at 7:40 PM.
" Appl.08-11P, Superior Northeast - request for renewal of a 2-year temporary and conditional permit for a 30' x 60' storage shed on property located at 24 Jeffrey Drive, I zone
Paul O'Sullivan presented the application as follows. The applicant is requesting a 2 year renewal of a permit for an outside storage unit. The applicant has hired a realtor to seek another location for the storage of materials and at this time has not found an alternative location.
Banach had the following Planning report.
1. Request for renewal of a temporary and conditional permit for a storage tent to house equipment at 24 Jeffrey Drive, I zone. A permit was originally issued by this Commission in August 2002; and the most recent permit expired in February 28, 2008 (an application has been pending since 2/27/08).
2. The storage tent is approximately 30' X 60' and is located within the 35' front yard setback. Pictures of the tent have been provided; however, the tent is not nearly as visible from Pleasant Valley Rd as it appears to be in the pictures, as it is tucked behind a good-sized building.
3. We would note that there is a considerable amount of outdoor storage on site that is fenced in by a chain link fence - much more that is shown in the aerial taken in 2005 - and storage which is visible from Jeffrey Drive. Is this storage related to the applicant's business? The Commission may want to consider requiring the applicant to screen the outdoor storage.
4. The building code limits the duration of temporary structures. The applicant will need to consult the building department to renew their application for this temporary structure.
5. 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.
There was no public participation.
Commissioners had questions and concerns. Response will be in italics.
" Commissioners questioned the applicant as to why he hasn't been able to find an alternative storage place since the last approval.
The applicant responded that he is having a difficult time locating a storage place that can accommodate the type of storage he needs.
" Commissioners asked the applicant why he is storing materials outside in the back of the property instead of inside the building.
The applicant responded that the type of material that is kept outside is piping and catch basins along with accessories that cannot fit inside the building because the building is also shared with the owner. The applicant mentioned that it is impossible to keep this type of material inside the building.
" Concern with the temporary storage unit not being adequate for the type of warehousing that the applicant needs.
" Commissioners questioned staff about outdoor storage regulations for the Industrial Zone and if it was allowable to have outdoor storage if it was properly screened
Banach mentioned that outdoor storage is allowed if it is properly screened. Currently, screening is not present for 24 Jeffrey Drive; therefore, making the stored materials visible from the road.
" Commissioners agreed that conditions should be placed to have the applicant or owner put proper screening of the materials on 24 Jeffrey Drive.
This hearing closed at 7:50 PM.
Kennedy recused himself from the following four applications and he appointed Sullivan to sit for him.
Appl. 08-13P, J.E. Shepard Company- request for a 2 year temporary and conditional permit (Section 2.13.a) to allow a two-family house on property located at 2019 John Fitch Boulevard, I zone
No one was present to represent the application. Pacekonis made a motion to continue the Public Hearing for the above mentioned application to April 22, 2008. Van Horn seconded the motion. The motion carried and the vote was unanimous. The hearing was continued.
Appl. 08-14P, J.E. Shepard Company- request for renewal of a 2 year temporary and conditional permit (Section 2.13.a)to allow two apartments, known as Home Farm Apartments, on property located at 176 Windsorville Road, RR zone
No one was present to represent the application. Pacekonis made a motion to continue the Public Hearing for the above mentioned application to April 22, 2008. Van Horn seconded the motion. The motion carried and the vote was unanimous. The hearing was continued.
Appl. 08-15P, J.E. Shepard Company- request for renewal of a 2 year temporary and conditional permit (Section 2.13.a) to allow a modular office at 185 Governor's Highway, I zone
No one was present to represent the application. Pacekonis made a motion to continue the Public Hearing for the above mentioned application to April 22, 2008. Van Horn seconded the motion. The motion carried and the vote was unanimous. The hearing was continued.
Appl. 08-16P, J.E. Shepard Company- request for renewal of a 2 year temporary and conditional permit (Section 2.13.a) to allow an office for the "Inspiration House Publishers" at 1865 Main Street, A-40 zone
No one was present to represent the application. Pacekonis made a motion to continue the Public Hearing for the above mentioned application to April 22, 2008. Van Horn seconded the motion. The motion carried and the vote was unanimous. The hearing was continued.
PZC sponsored zone change, Burnham Street-proposal to rezone approximately 25 properties on the north side of Burnham Street between Route 5 and Long Hill Road, address range #328-524 Burnham St, 55 Corneau Way and all of Sea Pave Road EXCEPT #55.
Banach presented the zone change.
1. This proposal is a Planning and Zoning Commission zone change from I-291 Corridor Zone to Industrial for about 50 acres on the north side of Burnham Street between Route 5 and Long Hill Road.
2. The Town Plan depicts this area as Economic Development area. The Plan is not specific regarding the type of business zoning that is most appropriate, although the Plan does note that the most appropriate uses are and will continue to be commercial and industrial uses that are in conformance with the Guiding Principles and Objectives of the Plan. The site is surrounded by I-291 Corridor zone in South Windsor, industrial and residential zones in East Hartford.
3. Section 8 includes criteria for zone change:
1. The goals, objectives, and recommendations of the Plan of Conservation and Development;
2. The purposes of zoning and of these regulations;
3. Changes that have taken place in the rate and pattern of development and land use within the Town and adjoining communities;
4. The supply of land available in the present and proposed zone;
5. The physical suitability of the land for the proposed zone;
6. The impact on the capacity of the present and proposed utilities, streets, drainage systems, and other improvements;
7. The general character and zoning of the neighborhood;
8. Impacts on the surrounding area;
9. Traffic congestion impacts;
10. The impact on surrounding property values;
11. The environmental impacts;
12. The health and general welfare of the community;
13. Neighborhood acceptance weighed against community needs; and
14. The protection of historic factors.
4. The major differences between the two zones are summarized in the table that was included in the Commission's agenda package. The most significant difference is that outdoor storage is allowed in the Industrial zone but not in the I-291 zone.
5. A zone change is the appropriate time to discuss traffic impacts. Burnham Street is owned in its entirety by the City of East Hartford. A rezoning from I-291 Corridor Zone to Industrial should have no noticeable impact on traffic because the difference between the zones is more in the design standards than the type of industrial uses permitted.
6. The wetlands map depicts regulated wetlands throughout this area. The area is generally flat and stormwater management tends to require surface treatments rather than piped stormwater systems.
7. Public water is available in Burnham Street. A small portion of Burnham Street has MDC sewer in it.
8. Notice of the proposal was sent to all property owners within the zone change area and to the South Windsor abutters. Notice was also sent to the East Hartford Town Clerk and the East Hartford Town Planner.
9. The zone change request was referred to CRCOG as required. CRCOG responded that the staff of the Regional Planning Commission has reviewed this referral and finds no apparent conflict with regional plans and policies or the concerns of neighboring towns. CRCOG further noted that because the proposed area abuts land zoned Industrial in East Hartford, and industrial uses that met certain performance standards were already allowed in the I-291 zone, the proposed change should not pose a significant conflict for East Hartford.
10. Site plan of development approval would be required prior to any use or development within this area.
11. If this zone change is approved, the Commission must state on the record that you have found the zone change to be consistent with the plan of conservation and development.
Public input was requested.
Peter DeMallie, President of Design Professionals LLC spoke in favor of the zone change. He mentioned that in the past many potential buyers have lost interest in the I-291 corridor properties after they were made aware that outdoor storage is not allowed. DeMallie read a letter into the record from Jeff Hodges of Jeff Hodges Enterprises who is in favor of the zone change and was unable to attend the hearing. (See Exhibit A)
Lynn Caouette, 67 Morgan Farms Drive read a letter in support of the zone change into the record on behalf of Kenneth F. Corneau owner of 55 Corneau Way. (See Exhibit B)
Rich Abo, Commercial Realtor, spoke on behalf of Mr. Corneau in favor of the zone change. The way the area is zoned currently is not attracting businesses to the area. Many of the property owners don't recognize the severity of the problem until they have to sell or lease their properties. An example of this was when a waste management company that manufactures garbage dumpsters was interested in Mr. Corneau's property and lost interest after being informed of the process of acquiring a variance for the outdoor storage, due to the zoning of the property.
Joe Carino, 2545 Ellington Road spoke in favor of the zone change. His comments centered on the current zone being too stringent in regards to the outdoor storage. Mr. Carino felt that the definition for outdoor storage is not clear in the Zoning Regulations. He mentioned that many businesses need outdoor storage for outdoor materials and stated that the Commission could place conditions for the proper storage of outdoor materials.
Jan Murtha, 102 Beelzebub Road, spoke in favor the zone change. This change will be an asset to the Town in promoting businesses in the Burnham Street area.
Craig Stevenson, Economic Development Coordinator for the Town, spoke in favor of the zone change. The zone change will allow the preservation of the Gateway area and at the same time help to develop the Burnham Street area.
Michael Delasco, 11 Sea Pave Road, had mixed emotions about the zone change on Burnham Street. A zone change would be good for the Town; however, it may not benefit some of the properties in the area. His concerns centered on a property that is near his that has a pile of tires that are not properly screened and the potential that it may get out of hand. His concerns were also with the possibility of his property value going up due to the zone change.
Resident, his concerns centered on the possibility of the property value going up on his property if the zone change is approved. He was also interested in knowing the nature of the businesses that are interested in Burnham Street.
Commissioners had questions and comments.
" Commissioners questioned why 55 Sea Pave Road was exempt from the zone change.
Banach responded that it was left out as a buffer to I-291.
" Commissioners had concerns with the outdoor storage and the lack of screening; they agreed that more controls should be placed to screen outdoor storage.
" The industrial zone was zoned that way before the East Hartford residential was developed. In the past there were storage regulations in place when it was zoned industrial.
" Commissioners questioned what the impact would be on the surrounding properties if the zone change was approved.
Craig Stevenson, Town's Economic Development Coordinator, responded that the Town Assessor would be the appropriate person to answer any questions regarding property values; he could only offer his opinion on the matter. In his opinion there are a number of outdoor storage issues on Burnham Street that need to be resolved. Nevertheless, the zone change will be beneficial to the development of businesses in the Burnham Street area. If the zone change is approved and the properties are enhanced, then there is a possibility that the value will go up. In the past, several large scale manufacturing companies have been interested in the Burnham Street area and they need to be able to have outdoor storage.
The Public Hearing was closed at 8:50 PM
REGULAR MEETING - MADDEN ROOM
CALL TO ORDER:
Chairman Patrick Kennedy, called the meeting to order.
PUBLIC PARTICIPATION:
None
NEW BUSINESS:
Discussion/Decision/Action regarding the following:
1. Appl. 08-02P, Regulbuto Major Home Occupation dba Complexions -request for a 5-year major home occupation for skin care on property located at 41 Orchard Hill Drive, AA-30 zone
Evans made a motion to approve the above mentioned application with the following conditions
1. The business must be operated by the homeowner.
2. The permit will expire on 4/8/2013, and will have to be renewed at that time.
3. Only one non-resident employee can be hired.
4. Refuse from the business cannot be disposed of with residential refuse. Adequate arrangements must be made for business refuse disposal.
Van Horn seconded the motion. The motion carried and the vote was unanimous.
2. Appl. 08-11P, Superior Northeast - request for renewal of a 2-year temporary and conditional permit for a 30' x 60' storage shed on property located at 24 Jeffrey Drive, I zone
Commissioners discussed the application.
" Commissioners indicated that the screening of the site is inadequate; consequently if there is an approval, conditions need to be placed to correct this immediately.
" Discussion about the type of screening that should be used to properly screen the outside materials.
Banach agreed that a fence would be more conducive for this type of screening of material, and staff can require the owner and applicant to comply with this request through zoning enforcement if necessary.
Pacekonis made a motion to approve the above mentioned application with the following conditions.
1. The Temporary and Condition permit will expire on April 8, 2010.
2. Building Department must be consulted and proper permits obtained to continue to use the outdoor storage tent.
3. Outdoor screening must be brought into conformance with zoning requirements. Applicant must work with Town Staff to design and implement appropriate screening.
Sorenson seconded the motion. The motion carried and the vote was unanimous.
3. PZC sponsored zone change, Burnham Street-proposal to rezone approximately 25 properties on the north side of Burnham Street between Route 5 and Long Hill Road, address range #328-524 Burnham St, 55 Corneau Way and all of Sea Pave Road EXCEPT #55.
Commissioners discussed the proposed zone change.
" Commissioners felt that the re-zoning of Burnham Street is a difficult decision to make based on what is currently in that zone.
" The I-291 corridor could take time to develop and at the same time zone changes can be made to satisfy the needs of that area.
" Commissioners agreed that the current storage regulations should be enforced more.
Banach mentioned that the Town is in the process of hiring a new Zoning Enforcement Officer, and Staff is trying their best to do the enforcement until that position is filled.
Pacekonis made a motion to approve the zone change with the finding that the zone conforms to the Plan of Conservation and Development. Abrahamson seconded the motion. The motion carried 5-2. Kennedy, Evans, Sorenson, Abrahamson and Van Horn voted in favor of the zone change. Sullivan and Evans voted against the zone change.
OTHER BUSINESS:
Appl 06-61P, Lots & More - Change order request for the addition of pallet racks to display outdoor pavers.
Commissioners mentioned that they noticed the pallets already set up before the change order was approved, therefore they asked Town Staff to document this in the file.
Sullivan made a motion to approve the above mentioned request with conditions. Pacekonis seconded the motion. The motion carried and the vote was unanimous.
Preliminary Discussion regarding a proposal to build an In-law Apartment on 471 Barber Hill Road.
Banach mentioned that in this case, staff is not comfortable with making a decision without first consulting the Commission on the architect's design.
The Commissioners reviewed the architectural designs submitted by the applicant and had the following observations and comments:
" The design is not in conformance with the character of a single family home, and it has the appearance of two houses instead of one.
" The details are not the same on the two houses, an example of this is the windows and the treatment of windows.
" There are breaks in the roof line which makes it have an appearance of another unit and not integrated with the existing house, especially the use of a breezeway between the house and the addition.
" Commissioners recommended that the applicant revise the design of the In-law apartment so that it can be approved at the staff level
BONDS: Callings/Reductions/Settings
Evans made a motion to set the subdivision bond in the amount of $60,000 for Appl. # 07-61P, Hillstead Resubdivision for public improvements. Pacekonis seconded the motion. The motion carried the vote was unanimous.
MINUTES:
1-22-08 approved by consensus with minor changes.
ADJOURNMENT:
Pacekonis made a motion to adjourn the regular meeting. Sullivan seconded the motion. The motion carried and the vote was unanimous.
The regular meeting was adjourned at 9:35 PM.
_____________________
D. Maria Acevedo
Recording Secretary
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