MEMBERS PRESENT: Chairman Patrick Kennedy, Mike Sullivan, David Sorenson, Bart Pacekonis, Timothy Moriarty, and Mark Abrahamson
ALTERNATES PRESENT: Viney Wilson sat for Louise Evans
STAFF PRESENT: Michele Lipe Director of Planning
Jeff Doolittle, Town Engineer
PUBLIC HEARING – COUNCIL CHAMBERS
Sullivan read the legal notice as it was published in the Journal Inquirer on Thursday, February 5, 2009.
- 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, Pudeler Engineering gave an update of the application as follows. The septic system has been designed; and approved by the Town Sanitarian. The manure shed was moved and the bedding shed was moved away from the building so that they are separated. The applicant would like to place the screening trees 12 ft apart.
Lipe had a Planning and Engineering update as follows.
Town Sanitarian update
Applicant has designed a Subsurface Sewage Disposal System in accordance with the Health Code.
At the time the house is constructed, the applicant will have to either appear in front of WPCA to establish a sewer hook up, or get approval for a septic design at the time of the building permit.
Engineering update
Engineering concerns have been addressed. The revised plans show a septic system to serve the proposed stables/riding ring and a location for a possible future septic system for the house lot.~ The grading plan to the west of the proposed stables/riding ring needs to be cleaned up and clarified on sheets 4 and 5 so it is clear how the area over these septic systems will be graded.
The hours of operations for the lights are 7 PM for shut off time, with an occasional late night when the applicant may come home with the horses and my need some light to put them away.
There was public participation.
Kevin Burnham, 24 Brook Street, East Hartford, spoke in favor of this application.
Commissioners had questions, responses will be in italics.
- Commissioners needed clarification about the manure storage and how that would be affected by flooding.
The applicant responded that the manure would be removed every month or every 6 months. The manure would never be stored more that 6 months on site. During an extended flooding situation the manure would be kept off site.
Commissioners asked if there would be lights inside the barn.
The applicant responded that the barn would have site lights and indoor lights.
The hearing closed at 7:40PM.
- 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
The applicant did not have any new updates for the commission.
Lipe had a Planning update.
Ms. Chalikonda has submitted an update showing her hours of operation. The applicant will be taking clients by appointment only. The hours of operation will be 10AM-7PM Monday to Saturday with a lunch break from 12PM-2PM. The Zoning Officer has made periodic drive by’s over the last month and at no time did she see any cars in the driveway or the cul-de-sac.
There were no Engineering comments.
There was public participation.
Richard Rossitto, 33 High Ridge Road spoke against the application. He was concerned with the amount of cars that come to and go from the applicant’s property. Mr. Rossitto asked if the applicant was supposed to do business while the hearing was pending.
Commissioners had comments.
- Commissioners asked how many customers can be at the residence at one time.
The applicant responded that it would be one at a time and by appointment only. She has asked her immediate neighbors if they had a problem and none of them had a problem with it.
- How many cars do you have already at the residence?
The applicant responded that they have two vehicles at the residence and a two car garage. The applicant also stated that the cars that are parking at the cul-de-sac are not related to her business. These cars belong to other people who park in the cul-de-sac to walk their dogs.
- Is it possible to issue a permit for 1 year and then have the applicant come back before the commission and waive the permit fee?
Lipe responded that the commission can choose to issue the permit for one year and vote to waive the permit fee at the time of renewal.
- Commissioners are concerned due to the conflicting information coming from the neighbor and the Zoning Officer.
James Paschetto, 89 Glenwood Road, stated that he shares the cul-de-sac with the applicant and the applicant has approached his wife regarding the business. Over the last 4 or 5 years the applicant has been in business and operating and their have been numerous vehicles parked at the cul-de-sac. At one time Mr. Paschetto visited the applicants’ home and talked to her about the traffic issue. The applicant asked her clients to park in the driveway and he has seen progress in that aspect. Mr. Paschetto is not against the application, he wants to make sure the applicant abides by the regulations.
- Commissioners want to make sure that the applicant is following the regulations regarding traffic in relation to a home occupation and make sure that clients are not parking in the cul-de sac.
- Commissioners asked Mr. Paschetto if there was still a problem with people parking in the cul-de-sac and it has gotten better, or is the problem still on going.
Mr. Paschetto re-iterated that in the past there was a problem and he voiced it to the applicant. Since that time it has improved over time. Occasionally there are cars in the cul-de-sac.
- Commissioners asked Lipe to read what the dates where that the Zoning Officer drove by the applicants home.
Lipe mentioned that it was on January 16, 10:30 AM , Jan 2, 11:15 AM Jan 23, 10:15AM., Jan 26, 10:45AM, Feb. 2, 9:35AM, Feb 4, 12:30PM Feb 9, 9:45AM
In all of these occasions there were no vehicles in the driveway or the cul-de-sac.
The hearing was closed.
- Appl 09-04P, Zimnicki Accessory Apartment—request for Special Exception to Section 7.1.2 for an accessory apartment at 96 Lawrence Road, RR zone.
Frank Zimnicki presented the application. When the property was purchased 10 years ago the lower level of the property was set up as a self sustaining apartment unit. This area was used as part of the main house it was occupied by members of the family. That unit is still there and the applicant would like to be able to rent it out. There are no changes to the building. The applicant is expecting to rent it to a single individual and there is sufficient parking on site.
Lipe gave a planning report as follows.
Request for Special Exception to Section 7.1.2A for an accessory apartment at 96 Lawrence Road, RR zone. The applicant is proposing to create the apartment in the lower level of the house. The lot size is .96 acres.
An accessory apartment differs from an in-law apartment in that an accessory apartment is not restricted to relatives and can be rented. As with all special exceptions, the apartment approval runs with the property in perpetuity.
The PZC accessory apartment regulation has specific criteria for the unit, including:
The accessory apartment cannot be larger than 700 sq ft or 40% of the gross floor area (whichever is smaller).
The main unit was constructed prior to September 1, 1990.
the entire structure must maintain the appearance of a single family dwelling;
off street parking for three vehicles must be provided;
Not more than 10% of the existing single family units within 1000 feet of the proposed accessory apartment contain accessory apartments or in-law apartments;
adequate water and sewage disposal must be provided; and
the owner of the dwelling units must occupy either the in-law apartment or the main dwelling unit
The original house was built in 1956 and is now approximately 2324 sq ft. The accessory apartment is proposed to be 564.5 square feet, or 24% of the combined gross floor area. The applicant has submitted a plot plan showing the house and pictures of the house. The new apartment would be accessed by a door in the rear of the house as shown in the pictures submitted.
The house is served by public water and sewer. If approved, the applicant would be required to a second sewer assessment fee as well as obtain a second garbage container.
Chris Dougan, chief building official inspector visited the site today to see how readily this space can be converted into an accessory apartment. He has indicated that more research needs to be conducted by his department before he is able to comment. He has requested that we leave the hearing open so that he can report his findings.
There is one PZC-approved in-law apartment within 1000 feet of this subject property.
The owner of a house with an accessory apartment must reaffirm every 4 years to the Commission that one of the dwelling units is occupied by an owner of the property.
If this application is approved, the Planning Dept has no other requested approval modifications.
No public participation.
Commissioners had questions.
Commissioner asked if the house was on municipal sewers?
Lipe responded yes.
Sullivan made a motion to continue the above mentioned application to February 24 or March 10. Pacekonis 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 8:10 PM.
NEW BUSINESS:
Discussion/Decision/Action regarding the following:
Moriarty made a motion to enter into Executive Session to discuss claims and pending litigation regarding Evergreen Walk. Pacekonis seconded the motion. The motion carried and the vote was unanimous.
Moriarty made a motion to return to the regular session. Sullivan seconded the motion. The motion carried and the vote was unanimous.
Moriarty made a motion to suspend the rules and to move application 09-02P Chalikonda Major Home Occupation up in the agenda. Sullivan seconded the motion. The motion carried and the vote was unanimous.
- 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
Discussion enssued regarding the above mentioned application.
Commissioners recommended that the permit be granted to a 1 year home occupation instead of a 5 year due to the conflicting information that was presented during the public hearing.
Sullivan made a motion to approve the home occupation permit for a 1-year period with the following conditions.
The business must be operated by the homeowner.
The permit will expire on 2/10/10, and will have to be renewed at that time.
Only one non-resident employee can be hired.
Refuse from the business cannot be disposed of with residential refuse. Adequate arrangements must be made for business refuse disposal.
The applicant is required to obtain necessary building permits for work previously performed before conducting business from the home
Signs require the issuance of a sign permit before they are erected.
Hours of operation are Monday – Saturday, 10 am – 7 pm.
Wilson seconded the motion. The motion passed 6-1. Kennedy, Sorenson, Sullivan, Wilson, Abrahamson, and Pacekonis voted in favor. Moriarty voted against.
PUBLIC PARTICIPATION: None
- 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
Moriarty made a motion to approve the above mentioned application with conditions.
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.
This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission.
A landscape bond in the amount of $3,000 is required and must be submitted prior to filing of mylars.
All bonds must be in one of the forms described in the enclosed Bond Policy.
An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.11 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.
This approval does not constitute approval of the sanitary sewer, which can only be granted by the Water Pollution Control Authority.
The building street number must be included on the final plan.
All free standing signs and/or building signs require the issuance of a sign permit before they are erected.
If a State Traffic Commission certificate is required, no building permits will be issued until the certificate has been issued (per CGS §14-311).
The property must be fenced, in whole or in part, to contain the horses within the property.
Housing/stabling of horses is restricted to the rear yard of the premises. Use of trailers for stabling horses is not permitted. The accessory buildings used to shelter or feed the horses 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. Outside feed troughs must also meet these setback requirements.
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. Manure shall not be allowed to accumulate to cause any health hazard, and shall be subject to inspection by the Health Officer. Fly control measures are required.
There shall be no outside storage of feed or bedding material.
No public events, activities, show, etc. can be held at this site unless further approval is granted by this Commission.
All site lighting must be turned off no later than 7 PM on weeknights, 7 PM on weekends.
The number of arborvitaes must be increased and that they are placed no further apart than 5 feet on center.
The grading plan to the west of the proposed stables/riding ring needs to be cleaned up and clarified on sheets 4 and 5 so it is clear how the area over these septic systems will be graded.
Abrahamson seconded the motion. The motion carried and the vote was unanimous.
- Appl 09-04P, Zimnicki Accessory Apartment—request for Special Exception to Section 7.1.2 for an accessory apartment at 96 Lawrence Road, RR zone.
The above mentioned application is still open no action was taken.
BONDS:
Sullivan made a motion to release the $20,000 IWA/CC bond for East Hartford Sand and Gravel. Moriarty seconded the motion. The motion carried and the vote was unanimous.
MINUTES: 1-13-09
The above mentioned minutes were approved by consensus with minor changes.
OTHER BUSINESS:
ADJOURNMENT:
Sorenson made a motion to adjourn the meeting. Pacekonis seconded the motion. The motion carried and the vote was unanimous.
The regular meeting was adjourned at 9:45 PM.
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D. Maria Acevedo
Recording Secretary
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