MEMBERS PRESENT: Chairman Patrick Kennedy, David Sorenson, Bart Pacekonis, Timothy Moriarty, Louise Evans, Mark Abrahamson and Mike Sullivan
ALTERNATES PRESENT: Dan Van Horn, Daniel Jeski and Viney Wilson
STAFF PRESENT: Marcia Banach Director of Planning
Jeff Doolittle Town Engineer
PUBLIC HEARING - COUNCIL CHAMBERS
1. Appl. 08-23P, Stage Door Hair Design - request for renewal of a 5-year major home occupation for a hair salon on property located at 84 Ronda Drive, A-20 zone
Josephine Rogoz is the applicant and stated that all businesses activities remain the same.
Banach had a planning report.
1. This is a request for a renewal of an existing 5-year major home occupation permit to operate a hair salon, for property located at 84 Rhonda Drive, A-20 zone. The original 5-year permit was granted in July 1997, at which time the applicant added a new garage and remodeled the existing garage for the salon. The permit was renewed in 2003 as required.
2. The original and renewal approval conditions included:
" The hours of operation five days a week, 9:00 a.m. to 5:00 p.m. except for Thursdays when the hours are extended to 7:00 p.m.;
" retail sales of hair products restricted to incidental sales to hair care customers;
" and operation of the salon was restricted to the present owner.
In 2003, the Commission added an approval condition that refuse from the business cannot be disposed of with residential refuse and that adequate arrangements must be made for business refuse disposal.
3. The reasons for requiring PZC renewal are to ensure that the home occupation remains clearly secondary to the use of the building for dwelling purposes and remains compatible with other permitted residential uses in the residential district. Our office has received no complaints regarding operation of the salon.
4. The applicant is allowed a two square foot sign, however has not had a sign in the past and is not proposing a sign at this time.
5. If this application is approved, the applicant will be required to return to this Commission again for renewal upon expiration of the 5-year permit renewal period.
There were no engineering concerns.
There was no public participation.
Commissioners questioned what would limit the hours of operation of the business.
Banach responded that the applicant will usually inform the commission of the hours of operation and the Commission will decide if it is suitable for a home occupation.
The hearing was closed at 7:40PM.
2. Appl. 08-27P, South Windsor Wellness Center -request for renewal of a 5-year major home occupation to operate a chiropractic, therapeutic massage and hydrotherapy office on property located at 88 Nevers Road, RR zone
Thomas Theroux is the applicant and he stated that he would like to renew his 5 year major home occupation.
Banach gave a planning report.
1. Request for renewal of an existing major home occupation at 88 Nevers Road, RR zone. Approval was first granted by the Commission in 1997 for a chiropractic office. The Commission approved a modification in 1998 to add massage therapy and hydrotherapy, and a renewal was approved in 2003 as required.
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. Approval conditions in 2003 included:
" The business must be operated by the present homeowners.
" Hours of operation are limited to Monday, Wednesday and Friday 4:00-8:00 p.m.; Tuesday 2:00-6:00 p.m.; Thursday 9:00 a.m.-1:00 p.m.; and Saturday 8:00 a.m.-2:00 p.m.
" Refuse from the business cannot be disposed of with residential refuse. Adequate arrangements must be made for business refuse disposal.
4. If this application is approved, the applicant would be required to return to this Commission upon expiration of the 5-year permit period.
There was no public participation.
Commissioners had no questions.
The hearing was closed at 7:45PM.
REGULAR MEETING - MADDEN ROOM
CALL TO ORDER:
Chairman Patrick Kennedy called the meeting to order.
PUBLIC PARTICIPATION:
Robert Dickenson, 19 Birch Road resident and member of Walk and Wheel Ways Committee, offered his assistance in planning safe bicycle routes to better integrate the community. He mentioned that the chair of the Walk and Wheel Ways Committee would like to do a presentation for the PZC in the future.
NEW BUSINESS:
Discussion/Decision/Action regarding the following:
1. Appl.07-69P, Dzen Tree Farm Subdivision-request for a conditional approval for Phase I of the Dzen Tree Farm Subdivision
Robert Mannarino, Mannarino Builders made the above request. The conditional approval would allow the construction of the road and the utility before posting the surety bonds or letter of credits.
Banach gave a Planning report as follows. The bank is requiring for the developer to file a mylar, the Planning Department requires the bonds to be posted before the filing of a mylar with a regular approval the applicant can file a conditional subdivision mylar and not have to post bonds. The applicant cannot build houses under a conditional approval. The applicant will work for sixty days then they will file the surety bonds to build the homes.
Commissioners had no concerns.
Evans made a motion to approve the above mentioned request with the following the conditions.
1. This approval is for 64 lots, numbered 1-64.
2. This conditional approval allows the subdivider to proceed with construction, maintenance, and installation of improvements and utilities in accordance with the approved subdivision plan and applicable regulations of the Town in lieu of posting subdivision surety. With the exception of two model homes, building permits will not be issued until final subdivision approval is received and final subdivision plans are filed in the Town Clerk's office.
3. This conditional approval is valid for three years from the date of approval and shall expire on June 24, 2011.
4. Concrete sidewalks, built to Town specifications, shall be installed on both sides of all new streets.
5. Drainage and construction for this subdivision is subject to the approval of the Town Engineer.
6. All lots shall be serviced by the Town of South Windsor sanitary sewer system and are subject to the approval of the Water Pollution Control Authority.
7. Water shall be supplied to this subdivision by public water.
8. Street lighting shall be installed on streets, at intersections, and on cul-de-sacs in accordance with the policy established by the Chief of Police. Street lighting is to be coordinated with the Chief of Police.
9. Street names and locations of fire hydrants are subject to the approval of the Fire Marshal of the Town of South Windsor. Street names and supporting posts shall be installed by the developer in conformance with the standards of the Town of South Windsor, at no expense to the Town.
10. This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission, including bonds in the amount of $50,000 for compliance with erosion and sediment control measures, $20,000 for mitigation, and $50,000 for storm water structures.
11. Trees within the street trees easement and any other trees on land that is currently or will in the future become Town-owned land are to be planted in accordance with the enclosed Tree Planting Specifications.
12. Prior to commencement of any site work, a preconstruction meeting must be held with Town Staff.
13. All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
14. The Town Engineer's review comments dated March 11, 2008, must be addressed to the Town Engineer's satisfaction.
15. The subdivision will be constructed in phases as shown on the approved subdivision plan. No building permits will be issued in subsequent phases until two-thirds of the houses in the previous phase are completed and have certificates of occupancy.
16. Fraser Fir Road must be completed, with base course of pavement, through to Barber Hill Road prior to issuance of any building permits for Phases 3 and 4.
17. Prior to issuance of the first building permit in any phase, contaminated soil within that phase must be remediated to meet the CT Dept of Environmental Protection Remediation Standard Regulations (RSR) residential direct exposure criteria (ResDEC) for pesticides, herbicides and arsenic; and test results must be supplied to Town staff for review and acceptance. Land designated as open space must also be remediated to meet RSR standards as demonstrated by test results prior to acceptance by the Town.
18. A waiver of time is hereby granted to May 31, 2010, for the conveyance of the open space A to the Town of South Windsor to allow for harvesting of remaining Christmas trees. Open space in each of the remaining three phases must be conveyed to the Town within 12 months of the issuance of the first building permit in each phase as required in the subdivision regulations.
19. Areas where trees are harvested in winter 2008 must be stabilized in spring 2009. Harvesting of trees must be carefully scheduled so that trees are harvested first in areas abutting houses that are occupied or will be occupied in the near future.
20. The staff recommendations included in the memorandum from the Director of Planning and the Director of Public Works to the Town Manager dated February 4, 2008, must be completed prior to the conveyance of open space parcels to the Town. The trail in Open Space A must be constructed prior to issuance of the first Certificate of Occupancy.
21. The developer will work with the South Windsor Tree Warden to protect and preserve the 48" diameter specimen White Oak tree during construction.
22. The open space boundaries must be marked with open space metal property markers provided by the Town, to the satisfaction of the Environmental Planner.
23. Road construction vehicles must access the site from Barber Hill Road. When the binder course of pavement is complete to Barber Hill Road, construction vehicles will access the site from Barber Hill Road.
24. Lots 63 and 64 must be relocated out of Open Space E.
Pacekonis seconded the motion. The motion carried and the vote was unanimous.
2. Appl. 08-23P, Stage Door Hair Design - request for renewal of a 5-year major home occupation for a hair salon on property located at 84 Ronda Drive, A-20 zone
Moriarty made a motion to approve the above mentioned application with conditions.
1. Operation of the salon is restricted to the present owner.
2. The permit will expire on June 24, 2013, and will have to be renewed at that time.
3. Only one non-resident employee can be hired.
4. Hours of operation are limited to five days per week, 9:00 a.m. to 5:00 p.m. except for Thursday when the hours are extended to 7:00 p.m.
5. Retail sales of hair products are restricted to incidental sales to hair care customers.
6. If a sign is desired, it must meet size requirements in the South Windsor Zoning Regulations.
7. Refuse from the business cannot be disposed of with residential refuse. Adequate arrangements must be made for business refuse disposal.
8. Any new building, or alteration/additions to existing buildings, requires a building permit prior to start of construction.
Evans seconded the motion. The motion carried and the vote was unanimous.
3. Appl. 08-27P, South Windsor Wellness Center -request for renewal of a 5-year major home occupation to operate a chiropractic, therapeutic massage and hydrotherapy office on property located at 88 Nevers Road, RR zone
Sullivan made a motion to approve the above mentioned application with conditions.
1. The business must be operated by the homeowner.
2. The permit will expire on June 24, 2013, and will have to be renewed at that time.
3. Only one non-resident employee can be hired.
4. Hours of operation are limited to Monday, Wednesday and Friday 4:00-8:00 p.m.; Tuesday 2:00-6:00 p.m.; Thursday 9:00 a.m.-1:00 p.m.; and Saturday 8:00 a.m.-2:00 p.m.
5. Refuse from the business cannot be disposed of with residential refuse. Adequate arrangements must be made for business refuse disposal.
Pacekonis seconded the motion. The motion carried and the vote was unanimous.
4. Appl. 03-07P, Strawberry Fields Condominium - Initiate the calling of landscaping and IWA/CC bonds.
Commissioner Abrahamson recused himself.
Kennedy appointed Wilson to sit for Abrahamson.
Banach gave the following Planning update. Not all the units are completed; the developer has abandoned the project and has not contacted the Town or the Condominium Association. Town staff does not anticipate any problems with the banks in collecting the bonds.
Jim Greeson, President of the Association expressed his concerns.
Commissioners recommended that the Planning Department or the homeowners association contact the Better Business Bureau to file a report against the developer who abandoned the project.
Pacekonis made a motion for the calling of the Strawberry Fields Condominium landscaping and IWA/CC bonds.
Evans seconded the motion. The motion carried and the vote was unanimous.
BONDS: None
MINUTES: 3/25/09
The minutes were approved by consensus with minor changes.
ADJOURNMENT:
The regular meeting was adjourned at 9:15 PM.
APPROVED ON 8-19-08
D. Maria Acevedo
Recording Secretary
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