MEMBERS PRESENT: Chairman Patrick Kennedy, Michael Sullivan, David Sorenson, Bart Pacekonis (arrived at 7:35), Michael Sullivan, Timothy Moriarty, Louise Evans and Mark Abrahamson
ALTERNATES PRESENT: Dan Van Horn (sat for Bart Pacekonis until his arrival at 7:35 pm)
STAFF PRESENT: Michele Lipe Assistant Director of Planning
Kathy Middleton, Recording Secretary
PUBLIC HEARING– MADDEN ROOM
Chairman Patrick Kennedy called the meeting to order at 7:30 PM.
Evans read the legal notice as it was published in the Journal Inquirer on Saturday November 8 and Thursday November 13, 2008.
Kennedy appointed VanHorn to sit for Pacekonis.
1. Appl. 08-46P, McGrath Major Home Occupation- request for a 5-year renewal for a major home occupation dba Creative Bouquet on property located at 43 Northview Drive, A-20 zone
Ms. Patti McGrath presented the application. The applicant would like to renew the major home occupation for another 5 years. The applicant stated that everything remains the same and no changes have been made to the business.
Lipe gave a Planning report as follows.
- This is an application for renewal of a 5 year major home occupation permit for a start up business making and selling candy/cookie bouquets at 43 Northview Drive, A-20 zone. The applicant had been producing 1-2 bouquets a week from a kitchen area she has in her basement. Because this occupation has the potential of odors, it falls into the category of a major home occupation requiring PZC approval.
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.
The applicant appears to meet the physical criteria for the major home occupation. The basement area used is approximately 150+ sf. There is no sign. There are no anticipated parking needs as she will be delivering the bouquets.
The applicant has met with the State Department 7of Consumer Protection Food and Standards Division. The town health officer has also reviewed the application. He has requested that an approval condition be placed stating: The applicant must sell product whole establishments only. No product can be offered for retail sale.
There are no planning modifications to request. The applicant would also be required to return to this Commission again upon expiration of the 5-year permit period.
There were no engineering comments.
Commissioners had no questions.
Public Hearing closed at 7:35 pm.
2. Appl. 08-48P, City Vista Resubdivision – request for a minor resubdivision to create one new lot on property located at the northerly side of Ridgefield and easterly side of Felt Road, AA-30 zone
Attorney Wayne Gerlt representing the applicant presented the application as follows. Elaine Gerlt is proposing to create 2 double lots in AA-30 zone. The first lot will have the house on it and an area of 30,000 sq. ft. and has the required frontage. Lot 2 contains 51,166 sq.ft. and 1.26 acres which exceeds the minimum requirement. There are no variances or special exceptions requested on this property. All Engineering concerns have been addressed. The applicant would like to remove five of the trees shown on the plan that are closest to the intersection because they will block the view of the city of Hartford.
Lipe gave a Planning report as follows.
Request for approval of a one-lot resubdivision at 318 Felt Road, AA-30 zone. The site is just under 2 acres and there is an existing house.
Minimum lot size required in the AA-30 zone is 30,000 sf. The minimum lot size proposed is30,000 square feet for the existing house and 55,000 sq ft for the new lot.
The existing house has a driveway onto Felt Road; the new lot will have a driveway onto Ridgefield Drive, located as far away from the intersection as possible. There are sidewalks along Ridgefield Drive and on Felt Road north of this site. The applicant has shown sidewalks along the site frontage on Felt Road to interconnect the existing sidewalks on both Ridgefield Dr and Felt Rd.
There is an existing row of evergreen trees between the proposed lot and the existing houses on Ridgefield Drive.
There are no regulated wetlands on the property.
The site will be serviced by public water and sewers. WPCA approval is required.
Street trees are shown along Felt Road in a street trees easement (that can be shared with CL&P). The proposed tree planting notes need to be replaced with the Town’s standard tree planting specifications.
If this application is approved, Planning Dept has no other requested modifications.
Lipe read the following comments from Jeff Doolittle, Town Engineer.
- What is the purpose of the Slope Rights that are shown reserved along the entire road frontage of the proposed lot 2?
- Include a handicap ramp from the proposed sidewalk to Felt Road, south of the existing utility pole. This ramp needs to include a detectable warning strip per ADA requirements..
- The existing sightline looking from the end of Ridgefield Drive up Felt Road is poor because of the vegetation and the slope of the property. The vegetation on the corner of Ridgefield Drive and Felt Road needs to be cleared and the slope needs to be cut down more to improve the sightline here. Show the proposed sight line at this corner. A sight line easement needs to be granted to the Town over this corner.
- The limits of clearing shown on the plan could be clearer. The vegetation along Felt Road, the corner of Felt and Ridgefield, and by the proposed driveway needs to be cleared to achieve the proposed grading shown. This needs to be clearly labeled. Is the vegetation in front of the proposed house being cleared? .
- The proposed driveway slope is more than 10% and this driveway needs to be revised to meet the Town standards. Provide a transition section from the ROW line 10 feet back with a maximum 5% slope and a pulloff area at the bottom of the driveway.
- Show the sewer lateral invert at the main in the road. Consider installing a chimney connection over the sewer main to reduce the excavation necessary and the lateral slope. Provide at least 2% slope on the sewer lateral.
- A note calls for 8 street trees but only 7 are shown.
- Show silt fence along the bottom of all slopes to be disturbed and regraded.
Public participation was as follows.
Carry Prague, 60 Krawski Drive spoke in favor of this application. He suggested that the trees be cleaned up on the Ridgefield Drive side because they are causing an encroachment to the sidewalk.
Rich McGala, Ridgefield Drive, questioned why the applicant is applying for a variance.
Kennedy responded that this is not an application for a variance. This is a subdivision application.
Mr. McGala asked if there was a reason why the applicant did not list the rear yard size.
Lipe responded that there is no rear yard set back since this is a corner lot.
Mr. McGala asked if the sidewalks will be installed before lot 1 is sold, and will the new owner be obligated to install the sidewalks.
Lipe responded that a bond will be required for the sidewalks and the applicant would determine when he would install then. The bond is good for five years giving the applicant a time frame of five years to install the sidewalks.
Janet Whitebeck, 25 Ridgefield Drive inquired about who is responsible for the clearing of the existing sidewalk on Ridgefield Drive.
Ms. Whitebeck asked if there is a fallen tree who is responsible for cleaning it off my property?
Commissioners mentioned that a fallen tree on the residents’ property from the undeveloped property would be a civil matter and would not be under the jurisdiction of the Planning & Zoning Commission.
Commissioners had comments and questions. Responses will be in italics.
- The driveways should be opposite each other and on a more local road, not on Felt Road.
- Commissioners asked if the applicant had any plans to resubdivide lot 2.
The applicant responded that currently there are no plans to resubdivide lot 2.
- Commissioners had concern with the condition of the trees
The applicant responded that the trees along Ridgefield were planted as landscaping and have since overgrow;, the applicant plans to remove some of the trees to clear the sidewalk and site line.
- Commissioners asked for clarification about the snow removal concerns from the residents.
The resident responded that the snow and ice has never been removed nor has the vegetation.
- Commissioners asked if the Town was aware of vegetation that needed to be cleared.
Lipe responded that Attorney Gerlt was contacted by Town staff and the problem was taken care of at that time.
- Commissioners mentioned that the site plan is showing clearing on the east, north and west of site and the southern limits of the property remain unchanged. More clarification is needed on the specific areas of the site that will be cleared.
Lipe mentioned that a condition could be added to clarify the clearing on the site.
- Commissioners asked for clarification on the street tree proposal
Attorney Gerlt responded that some of the trees should be cleared because they block the view.
Lipe mentioned that the Commission can waive the street trees requirement. Lipe read the waiver to the Commissioners.
- Some Commissioners were not comfortable with waiving the street tree easement.
- Commissioners determined that for purposes of not obstructing the view only the first two trees should be removed.
Attorney Gerlt agreed that the first two trees posed the biggest problem.
- Commissioners questioned if other than blocking the view does the street trees pose any site line problems?
Attorney Gerlt mentioned that the first two or three trees might pose a site line problem; the applicant is not sure.
- Commissioners asked if the Town Engineer had any concerns with the site line.
Lipe responded that the Town Engineer did not mention a site line issue, however a site line easement is proposed.
Public Hearing closed at 8:05 pm
REGULAR MEETING-MADDEN ROOM
CALL TO ORDER:
Patrick Kennedy called the meeting to order.
PUBLIC PARTICIPATION: None
NEW BUSINESS:
Discussion/Decision/Action regarding the following:
- Appl. 08-46P, McGrath Major Home Occupation- request for a 5-year renewal for a major home occupation dba Creative Bouquet on property located at 43 Northview Drive, A-20 zone
Kennedy appointed VanHorn to sit for Pacekonis.
Sullivan made a motion to approve the above mentioned application with the following conditions.
The business must be operated by the homeowner.
The permit will expire on August 19, 2013, and will have to be renewed at that time.
Refuse from the business cannot be disposed of with residential refuse. Adequate arrangements must be made for business refuse disposal.
Any new building, or alteration/additions to existing buildings, requires a building permit prior to start of construction.
The applicant must sell product whole establishments only. No product can be offered for retail sale
Abrahamson seconded the motion. The motion carried and the vote was unanimous.
- Appl. 08-48P, City Vista Resubdivision – request for a minor resubdivision to create one new lot on property located at the northerly side of Ridgefield and easterly side of Felt Road, AA-30 zone
Discussion ensued regarding the landscaping plan and the clearing of the trees on the site. Lipe mentioned that conditions will be placed to show the limit of clearing.
Pacekonis made a motion to approve the above mentioned application with the following conditions.
This approval is for 1 lot, numbered Lot 2.
Concrete sidewalks, built to Town specifications, shall be installed on Felt Road.
Drainage and construction for this subdivision is subject to the approval of the Town Engineer.
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.
Water shall be supplied to this subdivision by public water.
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. Five trees are required to be placed along the perimeter of the property subject to staff approval.
All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
All easements for conservation purposes, drainage or utilities, that may be required in connection with the approval of this subdivision, must be submitted on standard Town easement form where appropriate, to this Commission prior to filing the mylars and issuance of building permits. All deeds for open space, public improvements and roadways must be submitted prior to request for Town acceptance; all deeds must be in accordance with the policy for accepting deeds and must be approved by the Engineering Department and Town Attorney.
Footing drains are required for each house. Prior to the building of any structure on a lot, a topographic map, drawn to a scale of 1" = 40', shall be submitted for each lot in the subdivision, showing proposed contours, elevations and the location of the footing drains. No building permits will be issued until the proposed contours, floor elevations and location of footing drains have been approved by the Town Engineer.
If, for any reason, finished grading and other individual lot site work is not completed, the Town Engineer shall determine the amount of a cash bond to ensure final grading and site work. This cash bond must be submitted prior to issuance of a Certificate of Occupancy.
Quantity estimates must be submitted to the Town Engineer (on the enclosed form) for the purpose of determining subdivision bonding. All bonds shall conform to the enclosed bond policy and shall be posted prior to filing the final plans in the Town Clerk’s office.
If the developer chooses to submit a Letter of Credit for a one year term, said Letter of Credit must be renewed on a yearly basis until completion of the development. If a new Letter of Credit has not been received within 30 days before the expiration date, the Commission may, at its option, call the Letter it is holding.
A drainage assessment fee in the amount of $50.00 shall be submitted to this Commission.
The Town Engineer’s review comments dated 11/14/08 must be addressed to the Town Engineer’s satisfaction.
No building permits will be issued until all modifications have been complied with, and the final plans have been filed in the Town Clerk's office.
The driveway for the new lot will must come out onto Ridgefield Drive, located as far away from the intersection as possible across from the existing driveway.
The limits of clearing should be better delineated to ensure that the sidewalk along Ridgefield remains clear.
Sullivan seconded the motion. The motion carried and the vote was unanimous.
- Appl. 08-45P, Encore Optics LLC – request for site plan modification for the addition of a 7 X 8½ ft hazardous materials storage building on property located at 140 Commerce Way, I zone
Paul Vito, President of Encore Optics presented the application as follows. The applicant is proposing a site plan modification. The site will be producing about 15 gallons of hazardous waste a month. They are proposing to have three 55 gal containers to store the waste. When the containers are full the applicant has 90 days to have it picked up. Arrangements have been made to have the waste picked up. In order to house the containers the applicant will install a shed about 25 ft away from the building.
Lipe gave a Planning report as follows.
Application for site plan approval modification for the addition of a 9 X 8 storage building which will contain hazardous waste, for property located at 140 Commerce Way, I zone.
The zoning regulations allow the storage of hazardous materials subject to PZC approval.
The applicant has consulted with the Town’s Fire Marshal and the sketch in front of you reflects the requirements the Fire Marshal has for its installation. This will not require a DEP permit.
If this application is approved, the planning department has no requested modifications.
There was no engineering report.
There was no public participation.
Sullivan motioned to approve the application with the following conditions.
A building permit required for the storage unit.
This application is subject to the conditions of Fire Marshal with regards to the installation of the unit.
Abrahamson seconded the motion. The motion carried and the vote was unanimous.
- Preliminary Discussion with Andrew Knight, Pastor regarding sign facing I-291 (see attached letter)
Andrew Knight, Pastor of Constitution Baptist Church stated that he would like to place a 70 square foot free standing, lit sign facing I-291. Approval was received for the main sign in front of the church but it only can be seen by people who are already travelling along Long Hill Road. Knight questioned Detective Bond about the proposed sign and according to him there is little to no chance that a light would be reflected and cause an accident.
Lipe had comments. The sign regulations currently do not allow a sign to be placed at an elevation greater than 8 feet above the elevation of I-291. The purpose of the regulations was to prevent signs of this size from being placed on top of the I291 hill. The location for the sign that Mr. Knight has indicated would not conform to that requirement of the sign regulations (Table 6.5.10A).
Commission had comments and questions.
After commissioners discussed the size of the sign it was suggested that Mr. Knight prepare an application for a variance to the Zoning Board of Appeals if he wants to pursue the sign.
BONDS:
Pacekonis motioned to release the $5041. Subdivision bond for Appl. 03-52P, Rye Springs Subdivision to Evans seconded the motion. The motion carried and the vote was unanimous.
Pacekonis motioned to reduce the $264,450 subdivision bond for Appl. 07-09P Kilkenney Heights Subdivision by $91,655 leaving a balance of $118,100. Evans seconded the motion. The motion carried and the vote was unanimous.
Evans motioned to release the $2000 landscaping bond for Appl. 05-34P, Evergreen Run. Pacekonis seconded the motion. The motion carried and the vote was unanimous.
Evans motioned to release the $5000 landscaping bond for Appl. 07-22P, Quarry Brook II – E &S. Pacekonis seconded the motion. The motion carried and the vote was unanimous.
Evans motioned to release the $1000 landscaping bond for Appl. 08-12P, Quality Motors. Pacekonis seconded the motion. The motion carried and the vote was unanimous.
Evans motioned to release the $1000 landscaping bond for Appl. 96-82P, Learning Center- Ellington Road. Pacekonis seconded the motion. The motion carried and the vote was unanimous.
Pacekonis motioned to release the $1000 IWA/CC bond for Appl. 07-22P, Quarry Brook II – E & S. Abrahamson seconded the motion. The motion carried and the vote was unanimous.
Pacekonis motioned to release the $2000 IWA/CC bond for Appl. 07-22P, Quarry Brook II – detention basin. Abrahamson seconded the motion. The motion carried and the vote was unanimous.
Pacekonis motioned to release the $100,000 IWA/CC bond for Appl. 06-60, Aldi – detention basin. Abrahamson seconded the motion. The motion carried and the vote was unanimous.
MINUTES: 9-23-08
No action taken
OTHER BUSINESS:
Discussion ensued regarding the holiday party. Lipe will speak to the Town Manager to make sure that it is approved to move forward. A date of December 11, 2008 was agreed upon. Kennedy also asked that anyone attending the training on Roberts Rules of Order let the secretary know.
ADJOURNMENT:
Pacekonis made a motion to adjourn the meeting. Sorenson seconded the motion. The motion carried and the vote was unanimous.
The regular meeting was adjourned at 8:59 PM.
Approved by PZC on 1-13-09
D. Maria Acevedo
Recording Secretary
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