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PZC Minutes 12-09-2008
MEMBERS PRESENT:        Chairman Patrick Kennedy, Mike Sullivan, David Sorenson, Timothy Moriarty, Louise Evans and, and Mark Abrahamson
ALTERNATES PRESENT:  Dan VanHorn

STAFF PRESENT:  Marcia Banach Director of Planning
PUBLIC HEARING – COUNCIL CHAMBERS
Evans read the legal notice as it was published in the Journal Inquirer on November 27 and December 4, 2008.

  • Appl 08-44P, Design Professionals, Inc. Zoning Amendment - request for a zoning amendment to Article 4 – Commercial and Industrial Zones, Table 4.1.1A Permitted Uses to add the use landscape material and Garden Center (wholesale/retail) be allowed by Special Exception, subject to specific criteria, in the Industrial zone
Peter DeMallie, Principal and President of Design Professionals, presented the above mentioned application.  The applicant is proposing a zoning amendment to allow landscape materials and garden centers in Industrial zones.  It would have to be a pleasing design; any bulk storage would have to be a minimum of 100 ft from any street line to the rear of the property.  There is trucking associated and some equipment stored on site.  The applicant has a specific site in mind.  The site was previously a greenhouse site and there is a residence on the property.  See attached memo.  

Banach had a Planning report.  

Request for zoning amendment to Article 4 – Commercial and Industrial Zones, Table 4.1.1A, to allow landscape materials and garden centers in Industrial zones with special exception approval. The existing regulations limit the amount of retail allowed in industrial zones to incidental sales, either using not more than 20% of the gross floor area or not more than 6 sales events per year. This amendment would allow either wholesale or retail garden centers without the floor area or maximum sales events restrictions.
The proposed use also would not be subject to Section 2.11, which requires screening for outdoor storage or T&C approval for limited outdoor display of items for sale.
Parking would have to conform to the retail parking requirement of 1 space per 200 sq ft of gross floor area, plus 5 spaces per acre for the areas not included in the primary building.
The Town Plan of Conservation and Development encourages a variety of economic and commercial development within existing industrial zones. We note that the industrially-zoned areas in South Windsor generally extend for most of the length of Route 5 and along a portion of Sullivan Avenue—so there is high-visibility in much of the zone. Having said that, the most appropriate zone for bulk storage of landscape materials such as stone, pavers and topsoil would seem to be the Industrial zone.
There should be no unanticipated infrastructure, environmental or traffic impacts as a result of this amendment. As with any site, stormwater management from outdoor storage areas would be reviewed by staff when a site plan is submitted.
The Capitol Region Council of Governments reviewed the amendment as required. The CRCOG review indicates that, “The staff of the Regional Planning Commission of the Capitol Region Council of Governments has reviewed this referral and finds no apparent conflict with regional plans and policies or the concerns of neighboring towns.”
There are no other reported staff concerns with the proposed amendments.

There was no public participation.  
Commissioners had comments. Responses will be in italics.  

  • Commissioners asked for the definition of garden center.  
The applicant responded that it involves nursery stock, bagged landscape material, Christmas trees, and seasonal items.  

Banach mentioned that there is no definition for Garden Center in the zoning regulations.  

  • Commissioners were concerned with a zoning amendment change that would be for the sole purpose of changing a zone in order to accommodate a specific project.  
  • Commissioners inquired about where the equipment would be located.
The applicant responded that the equipment will be located 100 ft from the property line.  A regulation should be put in place that states a specific distance from the street.

  • Commissioners were concerned about adding retail use in the industrial zone.  
Abrahamson arrived at 8:09PM.

DeMallie requested that the hearing be continued in order for the applicant to present a revised proposal.

Evans made a motion to continue the Zoning Amendment to January 13, 2009.  Sullivan seconded the motion.  The motion carried and the vote was unanimous.  
The Public Hearing was adjourned at 8:23 PM

REGULAR MEETING-MADDEN ROOM
CALL TO ORDER:
Pat Kennedy called the meeting to order.  
PUBLIC PARTICIPATION:  None
NEW BUSINESS:
Discussion/Decision/Action regarding the following:

  • Appl 08-44P, Design Professionals, Inc. Zoning Amendment - request for a zoning amendment to Article 4 – Commercial and Industrial Zones, Table 4.1.1A Permitted Uses to add the use landscape material and Garden Center (wholesale/retail) be allowed by Special Exception, subject to specific criteria, in the Industrial zone
The above mentioned application was continued.

  • Appl 08-50P, All Faith Memorial Chapel – request for a site plan modification to allow an undertaking establishment on property located at 90 John Fitch Boulevard, I-291 Corridor Development zone
Karen Isherwood, Professional Engineer with Design Professionals presented the above mentioned application.  The existing 1.02 acre parcel is undersized; it is an existing non-conforming lot.  There is an existing building on site that is 5,778 sq ft, this is also non-conforming to the front yard set backs.  There are 90 parking spaces on site; this includes an area off the property to the north that has an easement.  The plans were submitted with minimum revisions, there are two existing handicap parking and two handicap parking spaces to the south which could not be utilized due to the curbing.  The parking will be restriped to the north, Town staff has reviewed the site plan and it has been revised.  The spaces were modified from 90 parking spaces to 86, curbing will be put in place to accommodate the parking.  The Fire Marshal has requested that the areas to the front and to the rear be striped as no parking zone for fire lanes and provide signage.  All Faith Memorial Chapel will be a funeral home that will be run by Mr. Jason Guild, with two employees.  The hours of operation will be Monday – Friday 8 AM-5 PM with evening hours as needed for memorial services or calling hours.  Weekend hours will be Saturday and Sunday 8 AM-4 PM.  There is an existing sign that is located in the State right away, the applicant is currently seeking a lease agreement which has been in place with the State with prior owners.  The applicant would like to reface the existing sign and the plan is showing where the sing could be placed and is limited to constraints allowed by zoning.  

Banach gave a Planning report.  
Request for site plan approval to convert a vacant building into a funeral home at 90 John Fitch Blvd, I-291 zone. This building was previously used as a restaurant. Impervious coverage is nonconforming at 96%, maximum impervious coverage allowed is 65%. Lot size is nonconforming at just over one acre; minimum lot size allowed is 5 acres in the I-291 zone. The existing building has several old variances that allowed construction within the building setbacks.
The applicant has no plans to disturb the existing façade, and will be making small site changes in response to concerns revealed by the site survey.
The applicant is requesting a modification to allow 86 parking spaces rather than the 116 spaces required for a funeral home. The A-2 survey revealed that some of the existing parking is actually on State property with no easement. The applicant’s engineer has shown those parking spaces restriped onto the applicant’s property. Staff note that Spielman Rd is a cul-de-sac that serves very few properties, thus is a practical place to line up vehicles for a funeral. Spielman Road also exits onto Burnham Street rather than Route 5, creating a safer condition for a funeral caravan.
There is no new lighting proposed.
There is some history to the existing free-standing sign. In 1977, ZBA issued a variance which on its face appears to allow a 10’ x 6’ sign. However, the minutes of that ZBA meeting indicate that the sign face was supposed to be 8’ x 4’, or 32 sq ft, with the height of the sign at 10’ and the total width of the sign at 6’. Over the years, the existing sign seems to have become larger than 32 sq ft. Now that the property is I-291 zone, the sign size increases to 3% of the building wall area, or 42.5 sq ft. If the applicant is willing to decrease the sign height to 6 feet or less, the size can increase to 5% of the area of the building, to 71 sq ft.
There is also a letter from DOT in the ZBA file that prohibits the sign from being on State ROW; however, the A-2 survey shows that the existing sign is within the State ROW. The site plan shows the sign relocated onto the applicant’s property.
The Fire Marshal reviewed the plans and added some fire lane striping.
The site is served by public water and a septic system. The Town Sanitarian has reviewed the application and is satisfied that the septic system is functioning properly for this use.
There is a new dumpster shown, on a concrete pad and screened.
The Town of East Hartford was notified of this application as required by State Statute.
If approved, the Planning Dept requests no approval modifications.
The Town Engineer’s review comments have been satisfied so Engineering has no comments on this application.
Commissioners had questions.

  • Commissioners inquired if there will be an entrance from both Rte 5 and Speilman Rd.?
Ms. Isherwood responded that the applicant will maintain both entrances.  Any overflow parking could be accommodated within the street itself.

  • Commissioners inquired if there will be a mortuary or any embalming involved?
The applicant responded: Yes

  • Commissioners asked if there were any concerns with the septic system.
Banach responded that the septic system was already discussed and there are not concerns.  

  • Where will the hearse be parked?
The applicant responded that the hearse will be exiting on the front or on the side depending on the amount of traffic.  

  • Commissioners directed the question to the engineer regarding the parking of the hearse and if there will be any conflict with the handicap parking or any other designated parking on the site.  
Isherwood responded that the hearse will be parked temporarily and it will be only for loading and unloading.  

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

No building permit will be issued until the final mylars have been filed in the Town Clerk's office.
All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
Pavement markings must be maintained in good condition throughout the site drives and parking areas.
All free standing signs and/or building signs require the issuance of a sign permit before they are erected.

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

  • Annual Meeting
  • Election of Officers
  • Review of By-Laws (see enclosed)
  • Other Business
The above mentioned item was postponed till January 13, 2009 since one member was not present.
Evans wanted Commissioners to consider article 5 of the By-laws for discussion at the next meeting.  
Moriarty inquired about article 7 section 2 of the bylaws that mentions the $50 expenditures.
Kennedy mentioned that any spending is done by staff and approved by the Town Manager.  
Moriarty inquired about article 8 section 1 and what would happen if there is a recount that has not been finished then the officers would not be able to participate.
Kennedy mentioned that if that situation occurs then the organizational meeting will not be held because not all the elected officials will be present.  The election of officers will be held the second meeting in January.  

BONDS:  None
MINUTES:  9/9/08, 9/23/08 & 10/28/08
The minutes were approved by consensus with minor changes.
OTHER BUSINESS:  

Appl 08-48P, City Vista Resubdivision – request for two 90 day extension for the filling of mylars.

Sullivan made a motion to approve the above mentioned request.  Moriarty seconded the motion.  The motion carried and the vote was unanimous.

Appl 08-21P, Cohen Resubdivision – request for an additional 90 day extension for the filling of mylars.

Sullivan made a motion to approve the above mentioned request.  Moriarty seconded the motion.  The motion carried and the vote was unanimous.

A memorandum was read into the record from Matt Galligan regarding changing the Simon Properties from the DC to GD zone.  Galligan recommends moving forward with the zone change.   

Kennedy had concerns with the length of time that has gone by without any further information.  There is a concern with holding the hearing open indefinitely if the applicant is not going to proceed because the owner might come in with a different application under DC zone regulations.  Over a year has passed since Planning and Zoning had a hearing about the zone change, which would mean that a new hearing would have to be held to discuss it again.  Is there a consensus to hold a public hearing for the re-zoning of the Simons Properties to the Gateway Zone?

Discussion ensued regarding the Buckland Transportation Study.  

Commissioners agreed by consensus to hold a public hearing on January 27, 2009 to discuss the Simon Properties zone change from DC to GD.  

ADJOURNMENT:
Evans 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 9:15 PM.

Approved by PZC on 1-13-2009
D. Maria Acevedo
Recording Secretary