MEMBERS PRESENT: Chairman Patrick Kennedy, David Sorenson, Mark Abrahamson and Bart Pacekonis,
ALTERNATES PRESENT: Viney Wilson
STAFF PRESENT: Marcia Banach Director of Planning
PUBLIC HEARING - COUNCIL CHAMBERS
Kennedy recused himself from the following four applications and Wilson motioned to have Pacekonis to act as chair. Abrahamson seconded the motion. The motion carried and the vote was unanimous.
1. 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
Tim Shepard presented the application and stated that it has been a two family house for a very long time and they are coming back for a biennial renewal for a temporary and conditional permit.
Banach gave the following Planning Report.
1. Request for a temporary and conditional permit for an apartment at 2019 John Fitch Boulevard, I zone. There is also an existing industrial building on the site that is currently being used by an electrical contractor.
2. The applicant applied to the ZBA in October 2005 to make this into a permanent two family house, however, the applicant was denied a variance as the Board did not think there was any hardship demonstrated. The applicant then applied to this commission for a T&C permit, which was granted in April 2006.
3. 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."
4. The applicant is working with the Fire Marshal to ensure that fire codes are being complied with. The Fire Marshal has indicated that he has no problem with the Commission reapproving this application.
5. There are no engineering comments on this application.
Doolittle had no comments and there was no public participation.
Abrahamson asked Banach for clarification of why the application was denied by ZBA.
Banach stated that it was not approved because a hardship was not demonstrated.
Public Hearing closed at 7:40PM
2. 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
Tim Shepard presented the application and stated that the building was boarding house in the 1950's and then became a teen center and are now apartments. This has been a temporary permit for many years. Shepard stated that there have been no problems with the neighbors.
Banach gave a Planning Report.
1. Request for renewal of a Temporary & Conditional permit for two apartments located at 176 Windsorville Road, RR zone. The original approval was granted in January 1993. The building was constructed in 1911 and, according to the original ZBA application; the subject building had been used for a variety of nonconforming uses in the past, such as boarding house, teen center, manufacturing and apartment, and studio.
2. 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."
3. The RR zone does allow for accessory apartments; however there is no provision for apartments in separate buildings on a site.
4. If this application is approved, the Planning Dept. has no modifications to request.
Doolittle had no comments and there was no public participation.
Pacekonis asked Shepard if there were any complaints. Shepard stated to his knowledge there have not been any complaints.
Public Hearing closed at 7:45PM
3. 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
Tim Shepard presented the application and stated that it is a modular office building next to the Fuel Cell Building. Shepard stated that the Fuel Cell rents space from the office building. Shepard stated that the permit was originally going to be a three year scenario.
Banach gave the following Planning Report.
1. Request for renewal of a two-year temporary and conditional permit for a modular office at 185 Governor's Highway, I zone.
2. This temporary and conditional permit was originally granted in 1991. The office area is approximately 880 sq ft. (40' x 22') and it is located slightly outside the building line along Governor's Highway. The applicant has provided a site layout and pictures of the office.
3. 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."
4. In a 1997 renewal, the Commission included in the approval letter a request that the applicant seek another alternative to the placement of the office so that a renewal would not be necessary. The Commission repeated this suggestion in its 2004 approval letter.
Doolittle had no comments.
There was no public participation.
Pacekonis stated that in the past the Commission has asked Shepard if he would be relocating and asked Shepard if he sees this as a long term Temporary & Conditional Permit. Shepard stated that he is not as involved with it as his brother is but stated that he hopes that if it is not a problem aesthetically, he would hate to tear the building down. Shepard stated that the Fuel Cell is renting space because they don't have enough and would like to keep them happy because of the role they play with them and with the Town.
Public Hearing closed at 7:50PM.
4. 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
Tim Shepard presented the application and stated that the building is owned by him and his wife. It is a significant building that holds historical value and would like it to remain that way. Shepard stated that it is a low profile building.
Banach gave a Planning Report.
1. Request for approval of a renewal of a two-year temporary and conditional permit that had originally been granted by the ZBA for an office for Inspiration House Publishers in the existing Post Office building at 1865 Main Street, A-40 zone.
2. This property is owned by the applicant and currently houses the East Windsor Hill Post Office as well as an apartment. The applicant has used this location in the past for Inspiration House as well as for the Giving Tree (a card, gift and book shop) approved through a ZBA temporary and conditional permit. The current use is the inventorying of the cards and books of the "Inspiration House Publishers." There are no retail sales and all shipments are made directly from the East Windsor Hill Post Office.
3. The applicant's description indicates that the level of activity is approximately 4 hours a week and would entail the owner's car being parked in the East Windsor Post Office parking area.
4. 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."
5. If this application is approved, the planning department has no modifications to request. There are no engineering comments on the plan.
Doolittle had no comments.
There was no public participation.
The Public Hearing was closed at 7:50 PM
REGULAR MEETING - MADDEN ROOM
CALL TO ORDER:
Chairman Patrick Kennedy called the meeting to order.
PUBLIC PARTICIPATION:
Michelle Aleksandrawicz of 104 Andreis Trail came before the Commission with concerns about the Dog Park because dogs are getting loose and there is noise from barking dogs and car doors slamming shut. She wanted to know where the approvals for the parking came from. Mrs. Aleksandrawicz also voiced her concerns about the lights in park staying on till 11 PM and all the traffic noise.
Nancy Yario of 20 Andreis Trail also came before the Commission and expressed concerns about the Dog Park. Yario asked if there was a way that the parking lot could be removed.
Kennedy stated that Planning and Zoning has no control over that and also stated that the Dog Park did not go before the Planning and Zoning Commission, it was approved by the Town Council and the Town Manager. The resident wanted to know what the procedure was to have the parking lot removed.
Viney Wilson mentioned that she was on the Parks and Recreation Commission when the master plan was done for the parks in Town. Any approvals go through the Town Council for any Parks in Town and the resident should go to Town Council with her concerns.
Kennedy mentioned that the Planning and Zoning Commission has no control over the parking in the dog park. If the parking lot was to be removed money would have to be appropriated to do that and it is done through Town Council.
Kennedy stated that he would have a transcript of the conversation that took place between the Commission, Ms. Yario and Ms. Alexandrwicz forwarded to the Mayor and to the Town Manager.
NEW BUSINESS:
Discussion/Decision/Action regarding the following:
1. Appl. 08-19P, Abert Enterprises, LLC - request for site plan approval to obtain a DMV general repairer's license for motor vehicle repairs on property located at 681 John Fitch Boulevard, Bay 6, GC zone
Mr. Dagneau presented the application as follows. The building is a permitted use in the zone; it has three garage door, three regular doors, and an office. There is no waste water drainage system inside. The applicant is installing hydraulic lifts and there is a 275 gal. refill tank and a 60 gal. air compressor. The applicant is experienced in car repair work and has other similar businesses in Town.
Banach gave the following Planning report.
Request for site plan approval for a DMV General Repairers license to operate an automobile repair business in a portion of the rear building at 681 John Fitch Boulevard, Bay 6, GC zone. The applicant has highlighted on the map the area that would be the subject to his lease which includes: three garage doors, three regular doors, small office area, private bathroom and parking for up to six vehicles outside of the building.
The applicant has indicated he intends to install two hydraulic lifts, a waste oil tank and a sixty gallon air compressor. The building currently has no waste water drainage system, therefore would not require WPCA approval.
This site has traditionally been used by a variety of tenants for motor vehicle repairs. A recent visit to the site affirms that this building and parking area is not visible from Route 5 or any other public way; therefore outdoor storage screening is not necessary. There were, however, many vehicles on site that appear to be in the spaces that are shown as the applicant's.
Questions staff have include:
" How many vehicles would be serviced daily? How many employees?
" What are the hours of operation?
" Is any new signage proposed?
" Are there any new dumpster proposed? If so, they must be placed on a concrete pad and screened.
If this application is approved, the planning department has no additional comments.
Kennedy appointed Commissioner Wilson to sit for Commissioner Evans.
Doolittle confirmed that the facility has no waste drains on the site and if there was any waste oil it would have to be captured and separated.
The applicant mentioned that the hydraulics are above ground not in ground.
Public participation was as follows
Karen Bachell, 206 Pleasant Valley Road needed clarification on the operating hours for the car repair shop since she resides very close to the site and is a horse breeder. She asked if their will be any outdoor storage that will be visible. The resident asked for clarification on what type of lighting will be used on the site and what the noise level will be on the site. She was concerned with the fumes that could come from the car repair shop. Ms. Bachell submitted all of her concerns in writing for the record. (Exhibit 1)
The applicant for Abert Enterprises LLC responded that the noise will be minimal during the normal business hours. The hours will be Monday- Friday 8:30 AM to 5:00 PM, Saturday the hours will be 9:00 AM to 1:00 PM or 9:00 AM to 2 PM. No Sunday hours. There are no plans to put any external lighting in, on back of the building the ground is soft and there are no plans to put anything outside. The parking will be north of the property.
Commissioners needed clarification as to where the Bachells property is in relationship to 681 John Fitch Blvd.
Frederick Bachell, 206 Pleasant Valley Road showed the commissioners where the house and the barn are located on the map. In the past their have been after hours parties and fireworks in the parking areas and on the weekends people were driving snow mobiles down to the meadows.
Commissioners asked the applicant to respond to the residents concern about the fumes.
The applicant responded that there will not be any paint fumes and the cleaners that are used are alcohol based and should not have fumes.
Pacekonis made a motion to approve the above mentioned application with the following conditions.
1. All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
2. This approval does not constitute approval of the sanitary sewer, which can only be granted by the Water Pollution Control Authority.
3. The building street number must be included on the final plan.
4. Pavement markings must be maintained in good condition throughout the site drives and parking areas.
5. All free standing signs and/or building signs require the issuance of a sign permit before they are erected.
6. This approval is for a general repairer's license for Bay 6, 681 John Fitch Boulevard.
7. Any new dumpster added to the site must be placed on a concrete pad and screened.
8. Hours of operation are limited to 7 AM - 6 PM Monday-Friday, 9 AM - 2 PM Saturday, no Sundays.
9. No new external lighting except building lighting.
10. No storage or business activity south of (behind) the building.
Abrahamson seconded the motion. The motion carried and the vote was unanimous.
Kennedy appointed Pacekonis to sit for him for the next five applications.
2. 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
Wilson made a motion to approve the above mentioned application with the following condition.
1. The two-year temporary and conditional permit for this apartment will expire on April 22, 2010. If this use is to continue beyond that date, a renewal will be required.
Sorenson seconded the motion. The motion carried and the vote was unanimous
3. 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
Wilson made a motion to approve the above mentioned application with the following condition.
1. The permit is for a two year renewal and will expire on April 22, 2010. If this use is to continue beyond that date, a renewal will be required.
Abrahamson seconded the motion. The motion carried and the vote was unanimous
4. 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
Wilson made a motion to approve the above mentioned application with the following condition.
1. The permit is for a two year renewal and will expire on April 22, 2010. If this use is to continue beyond that date, a renewal will be required. However the Commission encourages the applicant to seek another alternative to the placement of the office so that renewal is not necessary.
Sorenson seconded the motion. The motion carried and the vote was unanimous
5. 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
Sorenson made a motion to approve the above mentioned application with the following condition.
1. The permit is for a two year renewal and will expire on April 22, 2010. If this use is to continue beyond that date, a renewal will be required.
Wilson seconded the motion. The motion carried and the vote was unanimous
6. Appl. 03-07P Strawberry Fields Condominium - Initiate the calling of bonds.
Abrahamson recused himself from the above mentioned application.
Banach gave a report as follows.
Staff is requesting that the commission make void the approval for the site plan for Strawberry Fields Condominium. It is currently on a month to moth renewal depending on staff approvals. Prior to November 2007 a fair amount of activity occurred when certificates of occupancy were being sought. During the last two years there have been many periods of inactivity.
o The pavement was completed on the road and the sidewalks were done but not the edges. The steep slopes were stabilized; the walking trail is almost complete.
o The drainage issues were addressed and areas around certain buildings were stabilized and seeded.
o Most of the exterior and part of the interior of the club house was done.
o At the present time there are 3 unfinished units without certificates of occupancy, the club house remains unfinished and has no certificate of occupancy.
o The last two units that were granted a certificate of occupancy have been occupied since September but the occupants have been unable to close on their units because the owner has not come to the closing.
o There has been no activity since November and the remaining punch list items are still incomplete.
o The electricity for the club house was shut off by the electric company due to non-payment and as a result several street lights that are connected to the club house went out at the same time. The association has since made arrangements to get the street lights turned on.
Due to all the reasons mentioned staff has no other alternative than to call the letter of credit so that the Town can complete the site improvements. Staff recommends that the site plan approval be voided affective April 30, 2008. If this action is taken on this day; Staff will work with the Town attorney to complete the transaction with Merrill Lynch who holds the letter of credit.
Pacekonis moved that the site plan approved on February 18, 2003 be rendered null and void on the basis that the applicant has not completed all necessary improvements to the project as required by said site plan. Wilson seconded the motion. The motion carried and the vote was unanimous.
Commissioners asked if the Town will finish the project based on the original site plan.
Banach responded that the Town would have to specify the site plan details when they put the project out for bid.
A resident of Strawberry Fields voiced his concerns about the drainage issues in front of unit 1004 .
Doolittle responded that after the meeting he would discuss the issues that the resident has so that it can be addressed as part of the bond.
7. Appl. 07-69P, Mannarino Builders, Inc. - request for a 90 day extension for the filing of mylars.
Pacekonis made a motion to approve the above request for a 90 day extension. Sorenson seconded the motion. The motion carried and the vote was unanimous.
8. Appl. 08-05P, G & S Scrap Metal - request for two consecutive 90-day extension for filing of mylars.
Wilson motioned to approve the above request for 2 90 day extension. Pacekonis seconded the motion. The motion carried and the vote was unanimous.
9. Appl. 07-66P, Zagorski/Shea Interior Lot - request for a 90-day extensions for the filing of mylars.
Wilson motioned to approve the above request for a 90 day extension. Pacekonis seconded the motion. The motion carried and the vote was unanimous.
ADJOURNMENT:
Pacekonis made a motion to adjourn the regular meeting. Wilson seconded the motion. The motion carried and the vote was unanimous.
The regular meeting was adjourned at 8:57 PM.
Approved
D. Maria Acevedo
Recording Secretary
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