MEMBERS PRESENT: Chairman Patrick Kennedy, Mike Sullivan, David Sorenson, Louise Evans and Mark Abrahamson
ALTERNATES PRESENT: Viney Wilson
STAFF PRESENT: Marcia Banach Director of Planning
Jeff Doolittle, Town Engineer
PUBLIC HEARING – COUNCIL CHAMBERS
The secretary read the legal notice as it was published in the Journal Inquirer on Friday January 2 and January 9, 2009.
- 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 has made revisions based on the comments received at the last meeting. (see exhibit A)
Banach had a Planning report. The applicant has submitted a revised amendment based on the comments from the previous public hearing. The revised approach, to modify the existing building materials permitted use to include landscape materials, may alleviate Commission concerns regarding retail sales in Industrial zones. If the Commission chooses to adopt this amendment, the Planning Department has no suggested approval modifications.
There were no engineering comments. There was no public participation.
Commissioners had comments. Responses will be in italics.
- Commissioners had concerns with the size of the parking and retail garden.
- Commissioners were satisfied with the changes.
- Commissioners asked about the six sale events held per year that is specified in the regulations
Banach mentioned that it was put in place for the Filenes weekend sales and they don’t need permitting other than a temporary sign permit if they are planning to put up a sign. There haven’t been any problems with anyone abusing the six day sale per year requirement.
DeMallie mentioned that this does not apply to this application.
The public hearing for the above mentioned item closed at 7:55 PM.
- Appl 08-49P, Burnham Brook Stables – request for a special exception to 7.12.2 and site plan approval for the construction of a barn to allow for boarding of horses and training under the Commercial Animal Agriculture regulation on property located in the easterly side of Main Street, northerly of the East Hartford town line (38 Main Street), RR and FP zone
Kenneth Pudeler, Engineer Pudeler Engineering Firm presented the application. The site is mostly in the flood plain. The site has been re-graded to scrape out a ft. around the building and elevate the building. The use of horses was previously approved in 2005 on the same site. The house lot has also been graded and at the moment there is no plan to build a house. The applicant is proposing an indoor riding ring and stable area for approximately 25 horses. Parking will be to the rear of the building for storage of trailers. A covered manure area will be located to the rear of the building. There is a training trail around the site. The wetlands have been flagged.
Banach had a Planning report as follows.
Request for a special exception to 7.12.2, Commercial Animal Agriculture, and site plan approval for the establishment of a commercial boarding and training facility for horses on property located on the easterly side of Main Street, RR and FP zone. The property is 12+ acres in size, straddles the East Hartford town line and is partly in East Hartford. Approval was granted by this Commission in 2005 for 4 horse stables in conjunction with a new single family home site which was established on the “lot of record,” but neither the house nor the stables have been constructed. The applicant is now proposing an 18,000 sf riding facility with a 40 stall horse barn in addition to the single family house.
The applicant’s narrative indicates that the barn will hold a maximum of 25 horses with approx. 5 - 10 horses owned by the property owner and the remainder of the stalls available for boarding of horses. The other stalls will be used for tack rooms, storage of grains and equipment. Training will occur on a one-to-one basis. There will be no general or open classes available to the public and no public activities or shows are planned for this site.
Lot coverage is approx. 5.8%; maximum lot coverage allowed is 15%.
Requirements for a commercial stable include:
- The area shall be wholly are partially fenced – the application is proposing several fenced paddocks totaling approx. 5.9 acres
- The accessory buildings used for housing/feeding animals must be a minimum distance of 125 feet from any street line and 40 feet from any side or property line, and in addition, 100 feet from any dwelling located on adjacent property. The building exceeds these requirements: 194’ from front property line, 95’ from side property line and 112 feet from the closest dwelling
- Off street parking requirement for this use is 1 parking space for each 5 users of the facility. The applicant is providing 11 spaces including one handicap space.
The driveway into the site will be located along the northerly property line.
There is no outdoor storage proposed. The applicant is proposing two three-sided sheds on the back side of the stable and riding ring, approximately 24 X 36 feet, that will be used for the storage of bedding and manure. These sheds will be constructed on a concrete pad and will be covered with a roof. Staff requested that the applicant’s manure storage and handling plan be reviewed by the Soil & Water Conservation District for adequacy. We received a report from the District indicating that storage and handling of manure will be adequate if the applicant adheres to his manure handling program, including removing accumulated manure prior to flooding events.
There is no pole lighting proposed. The only lighting will be on the building and is proposed to be full cutoff lights. There is a note on page 3 of the plans that indicates that outside lighting is to be shielded. That note should be modified to say that all lighting is full cutoff lighting; or a spec should be added to the detail sheet and a cut sheet provided to staff. Since this facility is in a residential area, building lights should be turned off at reasonable hours.
There is no signage proposed with this application.
The applicant is proposing to provide some screening of the barn by planting a row of six-foot arborvitaes (18 in total) along the front of the barn and stables. They will be spaced approx. 17’ on center. This spacing will not provide screening. Staff recommends that the number be substantially increased and that they be placed no further apart than 5 feet on center if they are to be effective over time; 3’ apart would be even better.
The ADRC reviewed these plans on 12/18/08. They were satisfied with the proposal and had the following comments:
- The fenced areas should be clarified on the plans and the fence materials should be indicated on the plans;
- Paved apron should be added to the entrance at Main Street;
- Size and number of arborvitaes should be indicated on the plans.
These items have been added to the plans.
There are regulated wetlands on the property, however there is no activity proposed within the wetland upland review area. There is 100 year floodplain on the property and the applicant is proposing equal cuts and fills. The first floor elevation of the riding ring and barn are above the 100 year flood level. We do note that the driveway into the site would be under water during a 100-year flood. What is the applicant’s plan for managing the horses during flood events?
The Fire Marshal has reviewed the plans and has indicated that he has no concerns at this time. He has stated that if the riding rink is opened to the public, the use of the building will change. ~This change would have an impact for this department and the fire codes that would have to be addressed at that time.
There is public water available to the property. While there is a sewer line in the street, the applicant cannot connect this facility because the property is outside of the Town’s approved sewer service area. Thus a septic system is required, and the Town Sanitarian and the project engineer are communicating to work out the details. Staff recommend that this hearing remain open for the septic system details.
There are no dumpsters shown on the plans and the applicant has indicated that they do not need one.
The town of East Hartford was notified of this application.
If this application is approved, the planning department requests the following modifications:
- no public events, activities, show, etc. be held at this site unless further approval is granted by this Commission.
- All site lighting must be turned off no later than ______ on weeknights, _____ on weekends.
- Manure storage and handling must adhere to the storage/handling plan presented. If the applicant wants to make changes to the storage/handling arrangements, the changes must be approved by Town staff prior to implementation.
Doolittle had an Engineering report as follows.
- The sanitary sewer main extension in the street needs to have a minimum 0.5% slope.
- The sewer lateral needs to have a minimum 2.0% slope from the road into the property. A lesser slope may be considered if flow calculations are submitted showing that a minimum self cleansing velocity of 2.5 fps will be attained by the expected sewer flows at the lesser slope proposed.
- Label the TF and Invert elevations of the existing and proposed manholes in the street.
- Is there a door on the west side of the building at the end of the proposed level ramp to use for access in the event that high water floods the proposed driveway?
- Where will the horse trailers be loaded and unloaded?
- There are sharp turns from the driveway and parking area onto the proposed ramps on the east side of the building. Will vehicles (with or without trailers) be able to turn onto and off of these ramps?
- Are the proposed ramps into the building wide enough at the top to facilitate opening and closing doors?
- Revise the detail for the precast concrete manhole to delete “(Private Manhole)”.
- WPCA review and approval is needed for this plan and the two sanitary sewer connections proposed (one for the proposed barn and one for the 05 House Site).
John Cortese, 28 Main Street. Had concerns with the house flies and odor. If this goes forward, can the manure shed be reversed because the manure shed will be directly in back of my house? How long will the lights be on at night? He is concerned with the collection of manure and how often it will be done. He is the only house near the site.
Commissioners had comments and questions. Responses will be in italics.
- Commissioners asked about the manure and the possibility of exchanging the bedding shed with the manure shed.
The applicant responded that the stalls are cleaned and maintained daily. A trailer will remove the manure and store it under roof keeping it dry. It would be hauled out and off site and disposed of on the agricultural fields.
- Commissioners asked if there would be any sort of fly control measures around the manure shed.
The applicant responded that it would be covered by a roof and the walls are made out of concrete walls. By covering the manure it would dry out and there usually isn’t a fly problem with horse manure because it dries out fairly quickly.
- Commissioners asked if there was a possibility of exchanging the sheds to address the concerns of the resident.
The applicant responded that it should not be a problem since both sheds are identical.
- Commissioners asked where the water would be during the 100 year flood.
On the map it would be the orange line on the east side of the river; on the west side of the river it is nearly up to Main Street.
- Commissioners asked how the horses would be removed in the event of a flood.
With the re-grading on the site the applicant is placing a level ramp that will go back to the stable area so that it would be above the 100 year flood. The riding ring will get flooded during the flood by 1.8 ft of water. On the south end of the building an expanded metal opening grate will be installed on the bottom 2 ft. to allow the water to enter the building and exit the building.
- Commissioners asked if the horses will be removed during this time of flooding.
The applicant responded that the horses will not be removed although they can be removed if necessary. The horses will be above water and there is no need to remove them.
- Commissioners asked about the circulation of trailers and how that would happen if there isn’t enough room.
The applicant responded that there is an internal ramp, and there should be enough room.
- Commissioners asked the Town Engineer if the manure storage had to be above the flood levels.
Doolittle responded that he was told that it does not have to be above the flood zone just as long as it’s emptied before the flood comes.
- Commissioners need clarification about the commercial use of the property for boarding of horses and why this is not considered public use.
Banach responded that if it turns into an assembly use the Fire Marshal would have a concern with that.
- Commissioners asked what time the lights will be on till?
The applicant did not have an exact time frame.
- Commissioners mentioned that the applicant should be prepared to answer this question at the next hearing.
The applicant mentioned that 90% of the time the lights will be on from 7AM-7PM although on rare occasions the applicant might be home late and need to put the horses away which would only take a few minutes.
Sullivan: moved to continue the public hearing to February 10.
Sorenson Seconded the motion the motion carried and the vote was unanimously.
- Appl 09-02P, Chalikonda Major Home Occupation- request for a 5-year permit for a major home occupation dba Aruna’s Ayur Parlor on property located at 85 High Ridge Road, A-30 zone
Aruna Ayur presented the application. The applicant is a cosmetologist and does eye brow waxing and threading. The services are offered to ladies only, out of the applicant’s home. The days are from Tuesday-Saturday and appointments can be 10 minutes to 60 minutes. The applicant does not have any employees. The applicant can also provide services to handicap customers; they can enter through the parlor by way of the garage.
Banach had a Planning Report as follows.
Request for a 5-year approval for a major home occupation under Article 7 for a business to be known as “Aruna’s Ayur Parlor” to provide services such as eyebrow threading, ayur facials and waxing on property located at 85 High Ridge Road, A-30 zone.
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 maintained and 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. Performance criteria that must be met include:
Maximum of 25% of the floor area can be used for the occupation;
Occupation cannot be visible from the outside of the dwelling unit;
No entrance or exit may be added solely for the occupation;
No more than one non-resident employee is allowed;
The occupation cannot create a volume of passenger or commercial traffic that is inconsistent with the normal level of traffic on the street;
All parking needs must be met on site; and
The Commission may require screening of additional parking from the street and from adjacent residential properties.
The applicant has provided information demonstrating compliance with the regulations. The narrative indicates that she will be using approximately 350 sf on the lower level of her house. She has provided a floor plan of this space.
No employees are proposed at this time. Clients would come one at a time; and spend up to an hour at a time. We would ask that the applicant specify hours of operation and days of the week that the business will be open.
The applicant has indicated that there is adequate parking on-site with a turnaround to accommodate parking needs.
A 2 sf sign is proposed as allowed by regulations.
There has been work performed at this location without building permits. The applicant will be required to obtain the necessary permits from the building department before conducting business from the home.
If this application is approved, the applicant will complete a home occupation permit form, which contains an acknowledgment that the applicant will abide by the criteria contained in the zoning regulations. The applicant would also be required to return to this Commission upon expiration of the 5-year permit period.
There are no planning or engineering modifications requested except as already noted.
There were no Engineering comments.
There was public participation.
Richard Rossitto, resident of High Ridge Road spoke against this application. He stated that the application pending sign was not in plain view from the street since the applicant placed it on a basement window. The resident has concerns with the number of vehicles that are parking on the cul-de-sacs.
Commissioners had comments. Responses will be in italics.
- Commissioners asked if this use is going on now and does the applicants’ presentation accurately represent what is currently going on.
Banach responded that the use is currently going on and it is slightly different than what the applicant has presented.
- Commissioners asked if any other neighbors had complained.
Banach mentioned that she is not aware of any other neighbors that complained, however, the reason why it’s before the commission is due to a complaint.
- Commissioners asked the applicant if she could provide more information regarding the allegations from the resident.
The applicant responded that sometimes they have friends that come over and they park at the cul-de-sac. She did not know that was a problem. She does not like her clients parking at the cul-de-sac therefore she has them park in the driveway.
- Commissioners asked if the applicant has been contacted by the Zoning Enforcement officer regarding the complaint from the neighbor.
The applicant responded that she was contacted by the zoning officer, and that going forward her activities will be changing in order to accommodate any traffic concerns.
- Commissioners mentioned that for a home occupation approval the applicant must give the exact hours of operation.
The applicant said the hours of operation are Tuesday-Saturday from 9AM-6PM by appointment only.
Evans made a motion to keep the public hearing open till January 27, 2009, Sullivan seconded the motion. The motion carried and the vote was unanimous.
The public hearing was adjourned at 8:46 PM.
REGULAR MEETING-MADDEN ROOM
CALL TO ORDER:
Pat Kennedy called the meeting to order at 8:53PM.
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
Sullivan made a motion to approve the above mentioned application, with the finding that the amendment is consistent with the Town Plan of Conservation and Development and that the revisions be effective upon publication.
Evans seconded the motion. The motion carried and the vote was unanimous.
- Appl 08-49P, Burnham Brook Stables – request for a special exception to 7.12.2 and site plan approval for the construction of a barn to allow for boarding of horses and training under the Commercial Animal Agriculture regulation on property located in the easterly side of Main Street, northerly of the East Hartford town line (38 Main Street), RR and FP zone
No action taken on the above item since the application was continued.
- Appl 09-02P, Chalikonda Major Home Occupation- request for a 5-year permit for a major home occupation dba Aruna’s Ayur Parlor on property located at 85 High Ridge Road, A-30 zone
No action taken on the above item since the application was continued.
- Appl 09-01P, TOSW Rye Street Park Concession Building – request for site plan approval for approximately 2,100 sf storage/concession building, for property located at R013 Rye Street, RR zone
Doolittle presented the above mentioned application as follows.
Currently Rye Street Park has the two softball fields and the two additional fields. The applicant is proposing a building which will be the concession and also bathrooms on the right near the entrance to the park. The building will be 30 by 70 ft long. This location was picked because its central to the field and the park is easily accessible from the parking lot. It is more feasible to put in a septic system and it does the least amount of disturbance in terms of the other facilities around the park. There is an existing gravel road in the parking lot which goes into the park which means that the softball fields will be the main entrance. There will be pavement up to the building on sides, one from that road and one from the parking lot because there will be storage areas in the back
side of the building (south of the building). There will be a concession towards the fields with covered patio so that people can sit; and there will be concrete walks on both sides of the building. The triangular area between the parking area and the building is going to be difficult to maintain, therefore we propose making that a rain garden which will be landscaped by Town staff, and the water from the building will be able to support any vegetation put in there.
Ray Favreau, Director of Recreation gave an overview as follows.
This project is part of the Parks and Recreation Commission 10 year master plan of development for park and facilities for the town of South Windsor. The building truly complements phase I and phase II construction of the athletic fields; our goal is to have the building up and running when we open up the newest fields, the soccer field and a combination –field in the fall of 2009. This facility is greatly needed because the Parks and Recreation Department stores equipment in various locations in Town and is currently leasing 3 to 4 portable toilets
for restroom facilities. Storage is needed by all of the major schools clubs. By having the concession stand as part of the building it will centralize that operation and help to generate funds to go back into their programs. The colors will be conducive to the park (burgundy/maroon) color that will be muted with beige and clay accents for the door and trim. The Town is currently seeking professional design services to do the interior design for the electrical, plumbing and foundation.
Commissioners had questions.
- Commissioners mentioned since there was vandalism at Veterans Memorial Park in the past, will the Police Department be patrolling the area.
Mr. Favreau responded that the police department currently patrols the area. Two more meetings will be held with the Police Department to go over some of the security issues such as door and window securities.
- Commissioners asked what is done typically; are the windows covered in the winter time?
Favreau responded that there are actually no glass windows in the building at all. There are two overhead service windows.
- Commissioners asked if there would be any cooking in this area.
Favreau responded that currently there is no cooking.
Doolittle mentioned providing the accommodation of the septic system in the building so that cooking can be added at a future date.
Evans made a motion to approve the above mentioned application with the following modifications.
Prior to commencement of any site work, a meeting must be held with Town Staff.
No building permit will be issued until the final mylars have been filed in the Town Clerk's office.
An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.10 of the Zoning Regulations.
All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor
Abrahamson seconded the motion. The motion carried and the vote was unanimous.
Evans made a motion to nominate Patrick Kennedy for Chairman. Abrahamson seconded the motion. Sullivan made a motion to close the nominations. Wilson seconded the motion. The motion carried and the vote was unanimous
Evans made a motion to nominate Mike Sullivan for Vice Chair. Abrahamson seconded the motion. The motion carried and the vote was unanimous.
Abrahamson made a motion to close the nominations. Sorenson seconded the motion.
Sullivan made a motion to nominate Louise Evans for Secretary. Wilson seconded the motion. Abrahamson made a motion to close the nominations. Sullivan seconded the motion. The motion carried and the vote was unanimous.
- Review of By-Laws – was discussed at the previous meeting.
- Other Business- None
Preliminary Discussion with Alan Lamson – Evergreen Walk LLC
Alan Lamson, FLB Architecture and Planning, discussed the proposal for the general plan of development for multi-family housing at Evergreen Walk. Mr. Lamson discussed the multi-family housing component that the commission approved as a modification to the zoning regulations sometime in the last two years. The general plan approval allows the building of 200 residential units that would go above the commercial in the area referred to as “town square area”. The applicant is proposing to keep the commercial use and to move the residential use further into the back of this location. The proposal is to keep the entire Town Square configuration in the same pattern that was originally approved and keep the total amount of retail and office that was originally proposed. The intent
is to revise the general plan to make the units bigger and more up scale.
John Finguerra went over the details as follows. The proposal is to create a totally contained residential community at the western edge of Tamarack and that will have direct access to all the walking trails and running trails. There is a fairly substantial amount of retail compounded by residential and it is difficult to get the financing for it. The proposal is to try to separate it and have the residential operate on its own, it is very financeable and a much needed part of Evergreen Walk.
Commissioners had comments as follows.
- Commission members do not agree with the breaking off of the residential from the commercial’
- Commission members fear that the applicant may come back with a residential development that is not going to be strongly interconnected with the rest of main street.
- Commissioners don’t agree that the downturn in the economy should re-direct strategic planning associated with a master plan of development.
Finguerra mentioned that Evergreen Walk needs some activity and the Commission needs to decide how to keep the viability of that site.
- Commissioners mentioned there is pending litigation associated with this project regarding the approval that was originally granted.
- Other commissioners are not supportive of the apartments however they are in favor of a mixed use development.
- Some commissioners felt that more clarification was needed on the views of the commission.
- Commissioners mentioned that in the past the concerns were that residential would be displacing commercial and that there would be more children moving into the units and the impact that would have. There were concerns with the quality and upkeep of the building and tax liability. The applicant is aware of all the issues and in the past these concerns were addressed. The applicant is now looking for feed back from the commission regarding the separation of the residential from the commercial
- Commissioners are not convinced that the apartments would help the commercial aspect of the site and are not sure what would happen to the commercial that already exists.
Discussion ended at 9:52PM.
BONDS:
Sullivan made a motion to reduce the $74,200 subdivision bond to $11,790 for Appl. 06-31P, Copper Ridge. Sorenson seconded the motion. The motion carried and the vote was unanimous.
Sullivan made a motion to release the $76,440 subdivision bond for Appl. 05-64P, Executive Court Ph I. Sorenson seconded the motion. The motion carried and the vote was unanimous.
Sullivan made a motion to reduce the $95,960 site bond to 43,220 for Appl. 03-74P, Riverwalk SRD. Evans seconded the motion. The motion carried and the vote was unanimous.
Evans made a motion to reduce the $10,000 landscaping bond to $5,000 for Appl. 03-74P, Riverwalk SRD. Sullivan seconded the motion. The motion carried and the vote was unanimous.
Sullivan made a motion to reduce the $15,000 IWA/CC bond to $5,000 for Appl. 03-74 Riverwalk SRD E&S. Sullivan seconded the motion. The motion carried and the vote was unanimous.
Sullivan made a motion to release the $5,000 IWA/CC bond for Appl.07-64P, Wentworth Park II detent. Evans seconded the motion. The motion carried and the vote was unanimous.
Sullivan made a motion to reduce the $5,000 IWA/CC bond to $2,000 for Appl. 07-64P, Wentworth Park II E & S. Evans seconded the motion. The motion carried and the vote was unanimous.
Sullivan made a motion to released the $5,000 IWA/CC bond for Appl. 05-64P, Executive Court E & S. Evans seconded the motion. The motion carried and the vote was unanimous.
Sullivan made a motion to release the $15,000 IWA/CC bond for Appl. 05-64P, Executive Court wetlands. Evans seconded the motion. The motion carried and the vote was unanimous.
MINUTES: 11-18-08 & 12-09-08
The above mentioned minutes were approved by consensus with minor changes.
OTHER BUSINESS:
Sullivan made a motion to extend the meeting past 10:00pm. Evans seconded the motion. The motion carried and the vote was unanimous.
Kennedy reminded the Commissioners to rsvp if they were planning to attend the Leadership Roundtable meeting.
ADJOURNMENT:
Evans made a motion to adjourn the meeting. Sullivan seconded the motion. The motion carried and the vote was unanimous.
The regular meeting was adjourned at 10:05 PM.
Approved by P&Z on 2-10-09
D. Maria Acevedo
Recording Secretary
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