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PZC Minutes 8-19-2008
MEMBERS PRESENT:        Vice Chair Mike Sullivan, David Sorenson, Bart Pacekonis, Timothy Moriarty, Louise Evans and, and Mark Abrahamson

ALTERNATES PRESENT:  No alternates present

STAFF PRESENT:  Michele Lipe, Assistant Director of Planning

PUBLIC HEARING - COUNCIL CHAMBERS

Vice Chair Mike Sullivan presided in the absence of the chairman.  
The secretary read the legal notice as it was published in the Journal Inquirer on Thursday August 7 and Thursday August 14, 2008.  

1.      Appl. 08-37P, Foster Family Trust Resubdivision - request for a resubdivision to create one new lot at 90 Foster Street, RR zone

Hal Cummings, Attorney representing the applicant presented the application as follows.  The applicant is requesting a one lot resubdivision of the family homestead house on 90 Foster Street.  The lot is identified as lot 1 and it is 1.972 acres.  Parcel A is 39.994 acres and will be deeded to the Town of South Windsor to be used as open space.  Parcel B is for agricultural use only and it does not need subdivision approval.  Parcel C is also for agricultural use and the Foster's plan to continue to farm this area.  

Lipe had a Planning report as follows.  

1.      Request for approval of a resubdivision to create 1 lot with no new construction, on property located at 90 Foster Street, RR zone.
2.      Minimum lot size required in the RR zone is 40,000 sf. The proposed lot is 1.97 acres. Minimum frontage required is 175 feet, 318 feet provided.
3.      The map reflects the entire acreage of the Foster Farm and depicts how the parcels are proposed to be divided. The map shows parcel A - 39.9 acres the town recently purchased; Parcel B - 42 acres, for which the town has the first right of refusal.  There is also an 8.4 ac piece-Parcel C, which is being split out for agricultural purposes.  A 50 foot easement is shown on Parcel B which will be used for future access to this property.
4.      There are no regulated wetlands on the property in the area of the division, and IWA/CC has ruled that they do not want to hear applications where no construction is proposed.
5.      This new lot is serviced by private well and public sewers.  The Town Sanitarian has a concern that after the property is divided; the well will serve two consumers. The applicant has indicated they will be hooking the house at 90 Foster Street into the public water.

If this application is approved, Town staff requests no additional approval conditions except as already noted.

There were no Engineering comments.  

There was no public participation.

Commissioners had questions.
"       Clarification needed about the open space that will be sold to the Town of South Windsor.

Attorney Hall Cummings responded that the Fosters intend to deed parcel C to the Town for public use purposes.  If the Town decides to develop the land commercially and the Fosters still own the adjoining land then there is a clause that allows the Fosters to be involved in that decision.

The hearing closed at 7:45 PM.

2.      Appl. 08-36P, Camp Bow Wow - request for special exception to Table 4.1.1 and site plan of development for the operation of a doggie daycare on property located at 1145 John Fitch Boulevard, I zone

Karen Isherwood, professional Engineer with Design Professionals presented the application.  The applicant is proposing to operate a nationally franchised premiere canine daycare facility.  There are two buildings on the site, one to the rear and a larger building closed to rte 5.  The facility can accommodate a maximum of 133 dogs, which includes daycare and overnight boarders.  The franchise requires a minimum of nine employees on site, 2 employees for the first 15 dogs, and one additional employee for every additional 15 dogs.  Hours of operation are 7 AM-7 PM Monday-Saturday and on Sundays from 9 AM- 11AM and 5 PM - 7 PM.  There are 34 proposed parking spaces including 2 handicap spaces.  The building will be renovate to provide climate controlled kennels for overnight boarders indoor and outdoor play areas.  Improvements to the exterior will include the addition of an exterior play area to be a total of 32 x 66 ft.  The inside of the play area will be divided into 3 outdoor play areas separated by a chained liked fence.  The perimeter will be screened by 8 ft. high vinyl privacy fencing.  The franchise requires a minimum height of 8 ft for the perimeter fence.  Where the out door area is proposed to be is an area of existing pavement.  The existing pavement in that area will be removed and replaced with a 6 inch layer of gravel.  Waste removal will be achieved by employees patrolling the yard and immediately depositing the waste in trash cans lined with heavy duty liners.  The gravel area will be sprayed with a cleaner and raked weekly.  The free standing sign on the property will be replaced.  The proposed landscaping will be placed between the parking area and the chain linked fence.  

Lipe had a Planning report as follows.

1.      Request for Special Exception approval to Section 4.1.1A, Boarding Kennels, to operate a doggie day care with overnight boarding including grooming and training on property located at the northwesterly corner of John Fitch Boulevard and Edwin Road, I zone. The property size is 2.05 ac. and the site has traditionally been used for boat sales and repairs.  A portion of the site will continue to be used for boat servicing.
2.      The applicant proposes to use 8,000 sf within an existing 15,000 sf industrial building and has a maximum capacity of 150 dogs. The applicant has provided a narrative, included with your agenda, describing the scope of the business, hours of operation, ratio of employees to dogs, and layout of the facility.
3.      The State licenses dog day care facilities as commercial kennels. Commercial kennels are allowed as a special exception use in the industrial zone, with all facilities housed inside a building with limited outside fenced area for exercising and training.
4.      In determining the appropriateness of this use in the industrial zone, the Commission considers the following criteria:
"       The goals and objectives of the Plan of Development are met;
"       Adverse traffic impacts are not created;
"       Negative impacts on property values are not created;
"       The land is physically suited for the proposed use;
"       Adverse environmental impacts are not created;
"       There is a balance between neighborhood acceptance and community needs;
"       Present and proposed utilities, streets, drainage system, and other improvements have adequate capacity to accommodate the proposed use;
"       Historic factors are adequately protected;
"       The overall physical appearance of the proposed development is compatible with surrounding development and the Commission's goals for the neighborhood/corridor.
5.      The State licensing requirements for these types of facilities cover such items as floor covering materials, size of runs, water, lighting, ventilation, temperature, and sanitation. The applicant has provided the Operation and Maintenance Manual with the Camp Bow Wow corporate requirements which address in detail how the facility is to be run and "clean-up" procedures that will be followed.
6.      The proposal includes a 2,170 sf outside fenced play area, with 3 runs, located on the southerly side of the building.  The applicant has provided a detail sheet of the 8 foot high vinyl fencing that will installed to screen this area. Other improvements on the site include: restriping of the parking area, the addition of some landscaping along the property frontage and both free standing and building signage.
7.      We do not have a specific parking requirement for this use. The applicant has provided one space for each 250 sf requiring 32 spaces plus two handicap spaces.  The remaining site has at least 21 spaces available for other business uses on the site.
8.      The applicant has submitted a traffic statement which indicates that the proposed traffic can be accommodated within the existing road network.
9.      The site is currently serviced by public water and public sewer.  Fred Shaw, Sup't of Pollution Control has reviewed the plans and indicated that WPCA approval will not be required.
10.     The Town Sanitarian has reviewed this application and noted that if twice a week dumpster pick-up is not sufficient to minimize potential odor and fly problems, additional pickups may be needed.
11.     If this application is approved, Planning Dept requests no additional approval modifications.

There were no Engineering comments.  

Public participation was as follows.

Katherine Foley, 498 Main Street spoke in favor of this application.

Correspondence was read into the record in support of the application (See exhibit A).

Commissioners had questions and comments.  Responses will be in italics.  

"       How many of the dogs could be overnight boarders as opposed to day?

Tami Sarra, applicant and owner of the Camp Bob Wow franchise responded that there are 62 overnight cabins that could hold a family of dogs.  The overnight capacity could be 70-75 dogs a night.  

"       Will there be staff present at all times?

Tami Sarra responded that the dogs are more restless when staff is present therefore staff will not be present at all times while the dogs are in the kennel.  The proper fire and security systems are in place and are required by the franchise, if the temperature drops or if any kennels are open the applicant will be alerted.

"       Clarification needed on the type of fencing that will be installed and if it will be barbed wire.

Karen Isherwood responded that the applicant has agreed to put up a vinyl privacy fence and will not have any barbed wire associated with it.  

"       Commissioners inquired about the rescue space that was mentioned in the handouts and if it was still a part of the plan.  

Tami Sarra responded that Camp Bow Wow has a foundation called Bow Wow Buddies and space has been allocated for foster dogs.  

The public hearing closed at 8:12 PM.  

3.      Appl. 08-34P, Ivy Acquisition LLC dba The Shoppes at Evergreen Walk - Unit 3, 4 and 7 - request for special exception and site plan of development to Section 7.6 for an earth filling permit on property located at 151 Buckland Road, GD zone

The above mentioned application was postponed.

REGULAR MEETING - MADDEN ROOM
CALL TO ORDER:

Commissioner Michael Sullivan, Vice Chair, called the meeting to order.

PUBLIC PARTICIPATION:  None

NEW BUSINESS:
Discussion/Decision/Action regarding the following:

1.      Appl. 08-32P, DeSimone Zoning Amendment- request for an amendment to Table 3.1.2A to modify the regulations related to front yard setbacks to allow the reduction up to 10 feet strictly for the purposes of constructing a covered, unenclosed porch (in all residential zones except MFA/AA, and DRZ zones)
Lipe gave the following Planning update.
1       In response to Commission questions and concerns at the public hearing on July 22, we worked with the Building Department to define and clarify what constitutes and "unenclosed front porch." You all received copies of suggested modifications that include definitions and requirements that could be adopted if the Commission is favorably disposed toward this application. We included a definition for unenclosed front porch, and requirements to ensure that the front porches actually are:
"       unenclosed;
"       compatible in size, style and materials with the existing house; and,
"       Large enough to be an actual porch, not just a front stoop.
2       We also suggest that the illustration of a "typical" porch be included with the amendment if you choose to adopt it.
Commissioners discussed the language of the proposed zoning amendment.  Commissioners felt that the wording should have a different minimum for the size of the porch.  They also discussed whether they should be allowed in the DRZ Zones.   
Pacekonis made a motion to approve the above mentioned definition for unenclosed porch.  Evans seconded the motion.  The motion carried and the vote was unanimous.  
Evans made a motion to approve the above mentioned application with the following conditions.  
1.      The porch design and materials must be architecturally compatible with the house.
2.      Maximum porch width (perpendicular to house): 10 feet.
3.      Minimum porch length (parallel to house): 50% of the length of the house.
4.      Maximum porch height: 15 feet or 1 story, whichever is smaller
5.      Maximum height of railings or other enclosures: 36 inches, measured from the finished elevation of porch floor.
6.      Maximum enclosure: 30% (above finished elevation of porch floor). Plastic sheeting; window screening; curtains and window shades of any type; or any other type of covering, whether permanent or temporary, fixed or loose, is considered an enclosure.
7.      This section is applicable to all zones except MF-AA, MF-A, and DRZ


Pacekonis seconded the application.  The motion carried 4-2 and the vote was as follows: Evans, Sorenson, Moriarty and Sullivan in favor and Pacekonis and Abrahamson against.  

2.      Appl. 08-37P, Foster Family Trust Resubdivision - request for a resubdivision to create one new lot at 90 Foster Street, RR zone

Evans made a motion to approve the above mentioned application with conditions.  

1.      This approval is for 1 lot, numbered 1.
2.      Water shall be supplied to this subdivision by community well or other acceptable water source.
3.      A drainage assessment fee in the amount of $50 shall be submitted to this Commission.
4.      The property at 90 Foster Street must be connected into the public water in Foster Street.

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

3.      Appl. 08-36P, Camp Bow Wow - request for special exception to Table 4.1.1 and site plan of development for the operation of a doggie daycare on property located at 1145 John Fitch Boulevard, I zone

Pacekonis made a motion to approve the above mentioned application with conditions.

1.      Prior to commencement of any site work, a meeting must be held with Town Staff.
2.      No building permit will be issued until the final mylars have been filed in the Town Clerk's office.
3.      A landscape bond in the amount of $1,000 is required and must be submitted prior to filing of mylars.
4.      All bonds must be in one of the forms described in the enclosed Bond Policy.
5.      An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.11 of the Zoning Regulations.
6.      All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
7.      This approval does not constitute approval of the sanitary sewer, which can only be granted by the Water Pollution Control Authority.
8.      The building street number must be included on the final plan.
9.      Pavement markings must be maintained in good condition throughout the site drives and parking areas.
10.     All free standing signs and/or building signs require the issuance of a sign permit before they are erected.
11.     If a State Traffic Commission certificate is required, no building permits will be issued until the certificate has been issued (per CGS §14-311).
12.     If the twice a week dumpster pickup is not sufficient to minimize potential odor and fly problems, additional pickups or other remedies explored may be needed subject to the Town Sanitarian.
13.     Any dumpster to be added must be placed on a concrete pan and screened.  

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

4.      Appl. 08-34P, Ivy Acquisition LLC dba The Shoppes at Evergreen Walk - Unit 3, 4 and 7 - request for special exception and site plan of development to Section 7.6 for an earth filling permit on property located at 151 Buckland Road, GD zone

The above mentioned application was postponed.  

BONDS:  None
MINUTES:  6/10/08 & 6/24/08
The minutes were approved by consensus with minor changes.
ADJOURNMENT:

The regular meeting was adjourned at 9:00 PM.

_____________________
D. Maria Acevedo
Recording Secretary