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PZC minutes 2-05-2008
MEMBERS PRESENT:        Chairman Patrick Kennedy, David Sorenson, Louise Evans, Mike Sullivan, Bart Pacekonis, Timothy Moriarty and Mark Abrahamson

ALTERNATES PRESENT:  Viney Wilson, Daniel Jeski and Dan Van Horn

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

PUBLIC HEARING - COUNCIL CHAMBERS
Evans read the legal notice as it was published in the Journal Inquirer on Thursday, January 24, 2008 and Thursday, January 31, 2008.

1.      Appl 07-67P, Redland Brick, Inc. KF Plant - request for special exception to article 7.16.4 for the renewal of an earth removal permit, Phases 6 and 7, on property located at 1440 John Fitch Boulevard, I & RR zones

Barry Miller, representative of Redland Brick, Inc gave the history of the site. Redland Brick has been quarrying clay and manufacturing brick on this site since the 1940's, and there is enough clay on the site to continue mining and manufacturing for many decades.
The applicant has presented the application to IWA/CC and it was approved.  The applicant is requesting a renewal of the five year permit.  

Dan Delaney, engineer with Fuss & O'Neill, discussed the drainage on the site.  
"       There are two existing ponds to the back of the property where the clay mining occurs.
"       The drainage on the site flows from east to west, these drainage patterns will not change.
"       The site has sandy soil which covers the wet clay deposits.  Below the sandy soil is a huge clay deposit.  Clay goes down about one hundred feet.
"       There is a drainage swale that intercepts ground water and runoff.  It drains the water to keep the area dry.
"       The pit itself is dewatered constantly to keep it dry.  
"       The pond will be stabilized with a seed mix that was recommended by the Wetlands Officer.
"       Once the applicant is done with the mining activities on the site possibly 80 to 100 years from now, the clay pit will eventually fill up with water.
"       The application is consistent with the plan of conservation and development.
"       The application meets all zoning regulations.
"       Minimal impact is created on the wetlands and the plans for the pond will enhance the ecological aspect of the area.
"       No traffic or hazard will be created by this application
"       There will be no adverse effects on the surrounding area or the neighborhood.  
"       There are no architectural changes proposed.
"       The swale closest to the road will need periodic maintenance.  

Banach gave the following planning report.  
1.      Prior to commencement of any site work, a meeting must be held with Town Staff.
2.      This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission, including a bond in the amount of $30,000.
3.      All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
4.      The Town Engineer's review comments dated February 5, 2008, must be addressed to the Town Engineer's satisfaction.
5.      Class A-2 certification as required (not Class D);
6.      Notes #1-10, included on the previously-approved plan (dated 03/07/06), must be added to the final plans as needed to meet the requirements of the zoning regulations.
7.      This permit is valid for a period of five years. The permit expiration date is February 5, 2013. The permit must be renewed prior to expiration if earth removal operations are to continue.

Doolittle gave the following engineering report.  
1.      Storm water runoff from the proposed haul road needs to be treated to remove silt and sediment before it reaches the proposed drainage channel and wetland pond to the south.  Both myself and Jeff Folger (the Town Conservation Officer) think this can be accomplished by installing a series of grass swales between the stone leak-offs from the haul road and the drainage channel.  This will allow stormwater to flow form the haul road through the leak-offs to the grass swales and then to the drainage channel.  These grass swales will capture the silt and sediment before it gets into the drainage channel.  The grass swales will have to be cleaned out and renovated as needed to remove silt and sediment and restore the grass.  This needs to be part of the stormwater management plan for this site.  
2.      These plans need to include the site restoration detail and notes that were included in the previously approved Excavation plan for Phases 3 and 4
There was no public participation.  
Commissioners had comments and concerns.  
"       In the past have there been any complaints about this site?
Banach responded that there haven't been any complaints on this site.
"       Would Redland Brick ever consider granting rights of first refusal to the Town of South Windsor for potential future ownership?
Barry Miller from Redland Brick indicated that Redland Brick generally does not sell land and he does not have the authority to determine that at this time.   

The hearing was closed at 8:20 PM.

2.      Appl 08-01P, Colavecchio Major Home Occupation -request for a 5-year renewal of a major home occupation of a beauty salon on property located at 331 Smith Street, RR zone

Diane Colavecchio and Vince Colavecchio presented the application.  The applicant is requesting a five year renewal for a salon on 331 Smith Street.  The salon is open three days a week; there are no more than 2 cars parked in the driveway at one time.  The salon has been in operation at this location for 12 years and the applicant has maintained an excellent reputation with the neighborhood.  
 Banach gave a planning report.  

1.      This is an application for renewal of a 5 year major home occupation permit for a hair salon at 331 Smith Street, RR zone. The applicant has operated this salon from within the existing house since 1996. She currently operates three days a week from 9 -5 PM and there are no changes from her previous application.
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 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 outside the dwelling unit;
"       dwelling must contain the character of a single family dwelling;
"       no entrance or exit may be added solely for the occupation;
"       no more than one non-resident employee allowed;
"       the occupation can not 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.      A condition had been placed on the previous approval only allowing two cars on site at one time and placed a condition restricting the operation of the salon to three days per week, and only by the owner, as requested.
5.      The Planning Department has not received any complaints regarding operation of this home occupation.
5.      If this application is approved, the applicant will be required to return to this Commission again upon expiration of the new 5-year permit period.

Engineering had no comments.  
Commissioners asked for a description of the neighborhood.
Banach mentioned that Smith Street is a single family residential area that is isolated from Buckland Road and is a now a cul de sac.  Evergreen Walk is on one side of it and it has the Plaza at Buckland Hills on the other side of it.  

There was no public participation.  
 
The public hearing closed at 8:25 PM
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:
1.      Appl 07-67P, Redland Brick, Inc. KF Plant - request for special exception to article 7.16.4 for the renewal of an earth removal permit, Phases 6 and 7, on property located at 1440 John Fitch Boulevard, I & RR zones

Sullivan made a motion to approve the above mentioned application with the following conditions.
1.      Prior to commencement of any site work, a meeting must be held with Town Staff.
2.      This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission, including a bond in the amount of $30,000.
3.      All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
4.      The Town Engineer's review comments dated February 5, 2008, must be addressed to the Town Engineer's satisfaction.
5.      Class A-2 certification as required (not Class D);
6.      Notes #1-10, included on the previously-approved plan (dated 03/07/06), must be added to the final plans as needed to meet the requirements of the zoning regulations.
7.      This permit is valid for a period of five years. The permit expiration date is February 5, 2013. The permit must be renewed prior to expiration if earth removal operations are to continue.

Pacekonis seconded the motion.  The motion carried and the vote was unanimous.

2.      Appl 08-01P, Colavecchio Major Home Occupation -request for a 5-year renewal of a major home occupation of a beauty salon on property located at 331 Smith Street, RR 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 11/19/12, and will have to be renewed at that time.
3.      Only one non-resident employee can be hired.
4.      Hours of operation -  three days a week from 9AM -5 PM
5.      Not more that two (2) cars in the driveway during business hours.
6.      Refuse from the business cannot be disposed of with residential refuse. Adequate arrangements must be made for business refuse disposal.

Sullivan seconded the motion.  The motion carried and the vote was unanimous.  

3.      Preliminary discussion with Economic Development Commission members regarding Burnham Street re-zoning request

Craig Stevenson, Town Economic Developer, discussed the possibility of changing a portion of the I291 zone along Burnham Street back to industrial zone.  There are several vacancies in the area and the prohibition of outside storage is a deterrent to reoccupancy.  The EDC has requested for planning and zoning to put this matter on a future agenda. (See exhibit 1)

Peter DeMallie, President of Design Professionals, gave a brief background history of the I291 corridor.  DeMallie also agreed that the biggest impediment to occupancy of a building located in the I-291 corridor is the fact that outdoor storage is not allowed.  He mentioned that the old East Hartford Welding site has not been able to get a buyer because of the outdoor storage issue.  A zone change to the Burnham Street portion of the I291 corridor would be beneficial for every property owner in that area to be able to get tenants.  
Banach agreed that the property located on Corneau Way has been difficult to market.  Stevenson and DeMallie have met with Banach numerous times in the past to discuss the possible uses for that property and every single time it had outdoor storage associated with it.  If the Commission is interested in discussing this further at a future public hearing, staff would have a full report indicating where the wetlands are located.  The portion that is south of I291 is owned by the State of Connecticut and there is a tree buffer in that area.  The businesses in that area have continued to remain very strongly industrially oriented rather than switching over to the Gateway Zone.  

Commissioners had questions and concerns.
"       Concern with unfavorable outdoor storage that could potentially happen and the need for screening of these properties.
"       Concerns with drainage issues that could arise with the outdoor storage and how that would be handled.
Doolittle responded that it would depend on the application.  The topography is very flat and the drainage system is very shallow in the Burnham Street area.  There is a series of ditches and shallow pipes that carry drainage through.  In the past there was an applicant who revised a building and he was required to put in a shallow swale to capture drainage because that was all that could be done on that property.  

Craig Stevenson mentioned that he has walked the property and there is a swale system that is adjacent to 55 Corneau Way.  There is an extensive swale that is used for drainage.  In the past there have been outdoor storage users and no environmental impacts have resulted from the outdoor storage use.  
"       The Commission should avoid the tendency to spot zone.  In the past when the 1291 corridor was zoned were these facilities already located in the I291 corridor?

Banach responded that the purpose was for the old businesses to phase out and new businesses coming in would conform to the I291 zone.  That has not happened in the last 15 years.  The drainage will be an issue regardless of what it is zoned.  This should not be considered as spot zoning because the size of the zone change is large enough and it includes a number of properties.

"       Has East Hartford made any improvements to the road?

Doolittle mentioned that in the past East Hartford has made some drainage improvements and some re-paving projects.  The improvements were done in phases.  

Peter DeMallie mentioned that if the Commission took the zone change to public hearing the Commission would be able to hear from the property owners who are interested or opposed to it and then make a decision based on that.  

Commissioners agreed by consensus to add the Burnham Street re-zoning request to a future agenda for public hearing.  

4.      CGS8-24 referral regarding use of the STEAP Grant monies for the creation of fields at Rye Street Park.

Jeff Doolittle, Town Engineer presented the proposal for the improvements to Rye Street Park.  
There are two existing ball fields that were improved and overlaid with soccer fields on the left side and a football field on the right side, those have been very successful.  The Town has received a STEAP grant to re-grade areas to the west to include more soccer fields and areas to the east to include another football field.  The fields will be irrigated and will not be lit.

Evans made a motion to approve the use of the STEAP Grant monies for the creation of fields at Rye Street Park.  Pacekonis seconded the motion.  The motion carried and the vote was unanimous.  
OTHER BUSINESS:
BONDS: Callings/Reductions/Settings
MINUTES:  None
ADJOURNMENT:
Pacekonis made a motion to adjourn the regular meeting.  Moriarty seconded the motion.  The motion carried and the vote was unanimous.  
The regular meeting was adjourned at 9:17 PM.
 
Approved
D. Maria Acevedo
Recording Secretary