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PZC Minutes 07-14-2009
MEMBERS PRESENT:        Chairman Patrick Kennedy, Timothy Moriarty, Louise Evans, David Sorenson and Bart Pacekonis

ALTERNATES PRESENT:      Viney Wilson


STAFF PRESENT:          Marcia Banach, Director of Planning
                Joseph Perna, Project Engineer

PUBLIC HEARING/COUNCIL CHAMBERS
Chairman Kennedy called the meeting to order at 7:30 p.m.

Kennedy appointed Wilson to sit for Sullivan.

  • Appl. 09-18P, Scott Leonard, One Buckland Rd—request for zone change to Restricted Commercial for 2.06+/- acres (4 properties) at 1, 9, 15 Buckland Road and 395 Smith St, RR zone
Peter Alter, Attorney representing Scott Leonard, gave an overview of the property.  Mr. Leonard’s parcels lie mostly in South Windsor and they extend south on Buckland to the Manchester Town line.  The zoning in Manchester is General Commercial zone and the surrounding developments are substantially commercial.   Mr. Leonard conveyed land as well as easements to both towns to allow The Shops at Evergreen Walk to go forward and entered into an agreement with Evergreen Shops.  The applicant is requesting a zone change for 1, 9, 15 Buckland Road and 395 Smith Street to Restricted Commercial. This is the only property on Buckland Road that is not commercially zoned.  The parcel is too small to be developed into any other type of commercial zone; it is less than 3 acres in size.  

On April 4, 2004 a meeting was held with Town Manager Matt Galligan, representatives for Evergreen Walk and several other representatives to discuss the widening of Buckland Road that needed to occur with the Evergreen Walk development. Additional right-of-way along Mr. Leonard’s property was needed for the road widening. The purpose of the meeting was to discuss the implications of the road widening on Mr. Leonard’s property and to reach an agreement about providing that right-of-way.  The agreement that was reached was that Mr. Leonard would have access to his property via a curb cut from Buckland Rd.  

A letter was submitted for the record from Mathew Galligan, Town Manager (see exhibit A).  In the letter Mr. Galligan confirms that during the Evergreen Walk hearings and approval, the Town promised Mr. Leonard an entrance way on to Buckland Road for any future projects.  The applicant had a recent discussion regarding the entrance way on to Buckland Road with the Town Planner and did not receive support for driveway access on to Buckland Road.  Town staff recommended that the access to Mr. Leonard’s property be combined with the existing driveway to the Plaza at Buckland Hills.

Attorney Alter noted that he contacted Kevin Sims, Director of Development for Downeast Associates, to consider providing a driveway access from the Downeast Associates property for Mr. Leonard’s property. Mr. Sims did not agree to provide a driveway access; he noted that Downeast Associates will not facilitate any easements since it would require restrictive covenants that would make it difficult for any future retail development at the Leonard property. There is no other access way since Smith Street is a residential neighborhood.  The only alternative for access is a permanent right in/right out on Buckland Road. The second question was if a connection to the Plaza at Buckland Hills sanitary sewers was possible about 40 ft. away from Mr. Leonard’s property.  Mr. Sims did not agree to let the Leonard property connect to the sanitary sewer.

There was a preliminary discussion with Attorney Bob Rogers from Poag & McEwen regarding the possible connection of the sewers to LLBean; there is no definitive answer on this matter.  Another option is to carry the sewer down to the intersection of Buckland Road and Pleasant Valley.

The applicant is proposing to elevate the front portion of the site and install retaining walls to improve visibility of the site.  

Peter DeMallie, Principal and President of Design Professionals Inc. gave the history of the site.  Mr. DeMallie gave an overview of his experience in the Planning field.  DeMallie gave an overview of the Plan of Conservation and Development for the Buckland area.  The Buckland area is marked on the map for economic development.  In 1991 the Town did a major expansion of Buckland Road that did not affect the three parcels in question.  In 2004 at the request of the Town of South Windsor Mr. Leonard voluntarily donated 30 to 40 ft of land along the frontage to accommodate road widening.  An easement was granted for slope rights that varied from 22-60 ft.  A permanent easement was granted to the Town of Manchester for a Welcome to Manchester Sign.  Mr. Leonard has given up a substantial amount of land for both Manchester and South Windsor that eventually made it possible for The Evergreen Walk Development to happen.  

The applicant is not proposing any access through Smith Street since it’s a residential neighborhood.  The Economic Development Commission has endorsed this zone change as well as the Town Manager. Some aerial photos were shown to the Commission as well as a zone map that depicts all the surrounding properties showing that the Leonard Property is the only property zoned residential.  

Galen Semprebon, Professional Engineer with Design Professionals went over the traffic study.  A traffic study was completed on the site.  The study was done from Tamarack Avenue down to Buckland Street.  The traffic count was done at the intersection of the Plaza at Buckland Hills driveway and Buckland Road and found that there was a higher traffic volume than had previously been projected (see exhibit B).  

Attorney Peter Alter mentioned that the site will not represent a significant commercial development 14000 or 15000 sq ft will be the maximum size.  

Banach gave a Planning report as follows.
  • Zone change request from Rural Residential to Restricted Commercial for 4 properties totaling 2 acres located at 1, 9, 15 Buckland Road and 395 Smith Street. All four residential lots had houses on them previously; all of the houses were removed (3 due to Buckland Road widening). Minimum lot size required in the RC zone is 30,000 sq ft; minimum frontage required is 150 feet.
  • There is some zone change application history on this site. In October 2000, a zone change request to Buckland Gateway zone for this property was denied by the Commission. The reasons for denial were:
  • Commercial development with access directly onto Buckland Road in this vicinity would create a safety hazard; and
  • There was concern that commercial development would propose access onto Smith Street, which is residential in nature.
The minutes of that meeting reflect Commission discussion that this area is probably no longer desirable nor appropriate as residential property due to the extensive amount of surrounding commercial property, but that access needs to be addressed. It was also noted that if the access issue is addressed, the Commission would be receptive to a reapplication.
In 2003, another application for a zone change to Buckland Gateway zone was submitted, but the application was withdrawn prior to the public hearing.
  • The Town Plan of Conservation & Development depicts this area as Economic Development. The Plan notes that the most appropriate uses are and will continue to be commercial and industrial uses that are in conformance with the Guiding Principles and Objectives of the Plan. The site is surrounded by Buckland Gateway zone on the north and east; a Manchester commercial zone on the south, Designed Commercial and Rural Residential zones on the west.
  • Section 8.3 provides criteria for the Commission to consider for all zone change applications. The criteria include but are not limited to:
  • The goals, objectives, and recommendations of the Plan of Conservation and Development;
  • The purposes of zoning and of these regulations;
  • Changes that have taken place in the rate and pattern of development and land use within the Town and adjoining communities;
  • The supply of land available in the present and proposed zone;
  • The physical suitability of the land for the proposed zone;
  • The impact on the capacity of the present and proposed utilities, streets, drainage systems, and other improvements;
  • The general character and zoning of the neighborhood;
  • Impacts on the surrounding area;
  • Traffic congestion impacts;
  • The impact on surrounding property values;
  • The environmental impacts;
  • The health and general welfare of the community;
  • Neighborhood acceptance weighed against community needs; and
  • The protection of historic factors.
  • The possible uses in this zoning category include municipal facilities, retail, day care, financial institutions, hotels, restaurants, offices, mortuaries, and personal service shops. The RC zone has a 65-foot front yard setback and 10-foot side yard setbacks. This property is a corner lot so there is no rear yard setback. Planning Dept prepared a map showing the approximate setbacks and buffer, and the remaining building area if the lot is rezoned to RC.
  • A zone change is the appropriate time to discuss traffic impacts. The applicant submitted a traffic report on Friday, July 10. The traffic report, in its discussion of whether there should be driveway access directly to Buckland Road, uses such terminology as “reasonably higher rate of speed” without providing those actual speeds. We also would have expected to see actual speed data for Buckland Road in this vicinity, as well as accident data.
The property has frontage on both Buckland Road and Smith Street. If the property is rezoned to a commercial zone, it would be highly inappropriate to allow access to Smith Street, which is very residential in nature even though it is surrounded by commercial development.
Buckland Road is part of the Commission’s official Access Management corridor, per Section 5.5. All properties that abut the street right-of-way must conform to the access management requirements. The Commission’s access management planning on Buckland Road included the provision of traffic lights spaced to eventually serve all Buckland Road driveways. This property does not have existing or future access to any of those traffic lights—but it does have the ability to interconnect with the Plaza at Buckland Hills existing driveway. If this zone change is approved, Planning Dept requests the standard access management interconnection easement to the south to allow for a future interconnection with the Plaza at Buckland Hills, in accordance with the provisions of Section 5.5 of the zoning regulations. Site design will need to demonstrate that the interconnection is physically feasible, and the easement document will need to be filed on the land records. The standard easement requires that when the access is available on the adjoining property, the subject property must complete the interconnection and remove the stand-alone driveway. The Commission has consistently required the same treatment on Buckland Road properties since the access management regulations were adopted.
  • This property has the challenge of a steep grade from the road to the back of the property, with about a 30-foot difference in grade over a length of about 270 feet. The options for development include: filling up to Buckland Road level; terracing; or splitting the difference and filling to the midpoint of the grade. Filling up to Buckland Road would result in a high retaining wall along the back and Smith St side property boundaries. The abutting neighbor at 383 Smith Street will be most impacted by filling and retaining walls as there is not much space between the existing house and the Leonard property boundary. Terracing up to Buckland Road would make development difficult because the property is small. Staff recommend that the grade be split, thus reducing the retaining wall impact on the house at 383 Smith St and facilitating access to the adjoining Plaza at Buckland Hills driveway.
  • The Town Sanitarian has indicated a concern with drainage from this site potentially affecting existing septic systems. Detention will be needed for stormwater runoff. There is existing stormwater drainage in Smith Street but it is probably not adequate to incorporate drainage from the Leonard property.
  • There would be a buffer requirement on the east property boundary. The Restricted Commercial zone buffer requirement is 50 feet. The applicant has indicated his intention of seeking variances to setback and buffer requirements.
  • Public water is available in Smith Street. Public sewer is closest to this site in two separate private easements, one on Evergreen Walk property and one on Plaza at Buckland Hills property. Connecting to either of these sewers will require an agreement between Mr. Leonard and the private sewer owner; any such agreement needs to explicitly detail who is responsible for maintenance. There is a public sewer line located in Buckland Road at the intersection of Pleasant Valley Rd, in Manchester. Connection to this sewer would require much more complex construction than connecting into either of the private sewer lines. All three sewer lines would provide gravity flow, and all are feasible from an engineering perspective. Water Pollution Control Authority approval is required for any of the connections.
  • The wetlands map does not show any regulated wetlands on this site.
  • The zone change request was referred to CRCOG as required. CRCOG responded that:  the staff of the regional planning Commission of the Capitol Regional Council of Governments has reviewed this referral and finds no apparent conflict with regional plans and policies or the concerns of neighboring towns.
Site plan of development would be required prior to any commercial use of this property.
If this zone change is approved, the Commission must state on the record that you have found the zone change to be consistent with the plan of conservation and development.

Perna gave an Engineering report as follows.  Banach covered most of the Engineering comments.  The Engineering staff recognizes that the site will be challenging to develop due to the nature of the grade and also the applicant will have to address the storm water run off.  

There was public participation in opposition to the application.

Irene Gancarz, resident of 383 Smith Street mentioned that her property is lot 18-12 on the zone change plan.  The resident is concerned about the zone change because it is so close to her property.  In 1994 she attended a Planning and Zoning meeting and was assured that the strip mall to the rear of her property that was causing drainage problems would be addressed and that the buffer in the form of a berm would be extended to include her property.  Fifteen years have gone by and the berm was never installed.  If the commission is going to allow a zone change the resident is requesting that they secure the funds to make sure the work is completed.  The resident is requesting that the zone not be changed on property located at 395 Smith Street lot 18-11.  This property is part of Smith Street and it is currently zoned residential.  The resident feels that if it remains residential this will protect it from future applications acquiring access through Smith Street.

The secretary read a letter for the record from Matt Galligan, Town Manger and another letter from Craig Stevenson, Economic Developer in support of the Leonard Zone Change.  (See exhibit A & C)

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

  • Commissioners asked for clarification on what types of variances were needed by the applicant.
Attorney Alter responded that at this time there is no prospective tenant therefore no site plan is drawn up.  In a maximum development scenario of about 14,700 sq ft. the principal variance that will be needed is the ability to have less than the required sideyard and buffer to the west of Smith Street.  The challenges on this property are protecting the residential neighborhood.

  • Pacekonis asked if the applicant has spoken to the abutters (Mr. & Mrs. Gancarz) in order to come to an agreement.
Attorney Alter responded that Mr. Leonard has offered to purchase the abutting property and the Gancarz are not interested in selling.  The applicant is respectful of the property owners concerns.  Mr. Leonard has developed other properties, for example the site where the Savings Institute is located, and has followed all regulations in the past when developing properties.  

  • Commissioners clarified that any variances granted are not granted by the Planning and Zoning Commission the variances are granted by Zoning Board of Appeals which is a different Commission
Irene Gancarz responded to the Commission that on three occasions Scott Leonard approached her and he mentioned variances.  Mr. Leonard approached Ms. Gancarz before he took the trees down on the property and she did not agree to anything.  Shortly after that Mr. Leonard stopped cutting the trees and left a mess on the property.  

  • Pacekonis asked Ms. Gancarz if Mr. Leonard had approached her about selling her property.  
Ms. Gancarz responded that she had been approached by Leonard and she was not planning to sell her property to anyone.  
  • Pacekonis asked if Ms. Gancarz had approached Town Staff regarding the berm that was supposed to be put in to the rear of her property that was never put in.
Ms. Gancarz mentioned that it was a long time ago and she cannot remember.  

Banach responded that there was a development plan for a retail development that spanned the Town Line prior to the current Plaza at Buckland Hills.  PZC turned down the application and the developer filed a law suit against the Planning & Zoning Commission.  There was a negotiated settlement that required the developer to build a berm with the excess material.  The developer built the berm as far as it would go; the settlement never stipulated that the berm would go all the way to Ms. Gancarz property.  

  • Pacekonis mentioned that the commission has to consider the review criteria.  One of the criteria is the impact on surrounding property values and neighborhood acceptance weighed against community needs. The commission member asked Ms. Gancarz if she knew what the impact on her property value would be with the new development.
Ms. Gancarz responded that she was depending on the Commission to inform her how a development would impact her property.  She knows what the run off from the development would do to her property, and she knows that the Home Depot in Manchester had a retaining wall that collapsed.  Ms. Gancarz does not want that to happen to her property.  

  •  Commissioners questioned if Mr. Leonard had ever received compensation of any kind from the Town of South Windsor or Manchester in exchange for the road right of way.  
Attorney Alter responded that Mr. Leonard did not receive compensation by the Town of Manchester or South Windsor.  The agreement that Mr. Leonard had with Evergreen Walk contemplated an exchange of land and payoff of a mortgage.  On April 1st 2004 at a meeting, Mr. Galligan assured that Mr. Leonard would not be cut off from Buckland Road.  There was no representative of Planning & Zoning at that meeting or any of the Planning Staff.  

  • Commissioners questioned the entrance to the site and the possibility of traffic leaving Buckland Plaza.
Galen Semprebon responded that about half of the traffic that is leaving the driveway at the Plaza at Buckland Hills is oriented to the far left lane at Buckland Road in order to make a left on to Buckland Hills Drive or to make a U-turn to head back north.  Vehicles sitting at this driveway have to wait for the right lane to be clear or for all of the lanes to be clear before they turn.  When the traffic study was done there was almost always a car waiting to leave the driveway.  

  • Commissioners asked how that compares with the traffic leaving the plaza from Pleasant Valley driveway.
Galen mentioned that the traffic study did not include traffic leaving on to Pleasant Valley.

Attorney Alter mentioned that if the Public Hearing closed at this hearing the Commission would have 65 days to act.  If the Commission decides not to close the hearing the commission would have 35 days to close the hearing and then 65 days to act.  

Pacekonis made a motion to continue the Public Hearing to the next available date.  There was no second.  Motioned failed.  The public hearing closed at 9:45 P.M.

  • Appl. 09-24P – South Windsor Stone & Landscaping Supply, LLC – request for a special exception to article 4, Table 4.1.1A and site plan approval for a landscape material sales and storage/warehousing business property located at 287 Strong Road, I zone  
The above mentioned application was postponed until July 28, 2009.

REGULAR MEETING – MADDEN ROOM

  • Appl. 09-18P, Scott Leonard, One Buckland Rd—request for zone change to Restricted Commercial for 2.06+/- acres (4 properties) at 1, 9, 15 Buckland Road and 395 Smith St, RR zone
Commissioners discussed the zone change and the process by which to review a zone change.  Some commissioners feel that the best use for the property is Restricted Commercial.  Commissioners mentioned that the neighbors should be taken into consideration when making a decision on a zone change.  Discussion ensued about the traffic report that some commissioners felt was important to review prior to making a decision.  

Pacekonis mentioned that if the Commission disregards any evidence that is submitted with an application it gives people a reason to appeal a decision that is made by the Commission.

Evans mentioned that not changing the zone would be in conflict with the Plan of Conservation and Development.   

Evans made a motion to approve Application 09-18P to change the zone to RC and to find it in keeping with the Town Plan of Conservation and Development. Moriarty seconded the motion.

Kennedy asked if there was any further discussion.

Pacekonis mentioned that without knowing the impact that the zone change will have on the property values Pacekonis cannot make a decision to approve the application.  

The motion carried 5-1.  Moriarty, Sorenson, Wilson, Evans and Kennedy, voted in favor.  Pacekonis voted against.
  • Appl. 09-24P – South Windsor Stone & Landscaping Supply, LLC – request for a special exception to article 4, Table 4.1.1A and site plan approval for a landscape material sales and storage/warehousing business property located at 287 Strong Road, I zone  
The above mentioned application was postponed until July 28, 2009.

  • Appl. 06-61P Lots & More – Change order request for additional outdoor display
Elaine Abouakar, Manager of Lots & More presented the above mentioned item.  The applicant is requesting to use one parking space in front of the store to display temporary summer seasonal items.  There is another area that the applicant would like to use for pallets of garden soil and potting mix.  The largest change is area number 3 where the applicant would like to display outdoor nursery products, different kinds of trees and greenery.  The last change is an area that the applicant would like to feature a new vendor or a new item.  This area would be 5 ft. by 30 ft long and wouldn’t go higher than 4 ft tall.  

Pacekonis made a motion to extend the meeting past 10:00 PM.  Moriarty seconded the motion.  The motion carried and the vote was unanimous.

Banach mentioned that there are plenty of parking spaces available and that everything is already out on the site and they are very neat.  The plants add to the site.  It’s up to the Commission if they feel comfortable with this much outdoor storage.  This store is set far back but others are not this far back, this will set precedence for other businesses that might come forward to ask for the same type of outdoor storage.  

Commissioners discussed the proposal.  
Commissioners asked if the items would be removed during the winter.
Ms. Abouakar mentioned that the items would be removed and replaced with Christmas trees.  

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

  • Appl. 02-18P South Windsor Technologies Center LLC – Conditional Subdivision Approval expiration (expiration date 3/28/09) see CGS 8-26 c (c) attached
Pacekonis moved to approve the above mentioned item.  Sorenson seconded the motion.  The motion carried and the vote was unanimous.

BONDS:

Evans made a motion to release the IWA/CC bond in the amount of $5,000 for Appl. 06-61P, Lots & More.  Pacekonis seconded the motion.  The motion carried and the vote was unanimous.

Evans made a motion to reduce the IWA/CC bond from $50,000 to a balance of $5,000 for Appl. 07-09P, Kilkenney Heights-Stormwater.  Pacekonis seconded the motion.  The motion carried and the vote was unanimous.   

Evans made a motion to reduce the IWA/CC bond from $30,000 to a balance of $5,000 for Appl. 07-09P, Kilkenney Heights E & S.  Pacekonis seconded the motion.  The motion carried and the vote was unanimous.   

Evans made a motion to release the IWA/CC bond in the amount of $5,000 for Appl. 05-05P, John Fitch Partners – E & S.  Pacekonis seconded the motion.  The motion carried and the vote was unanimous.   
 
Evans made a motion to release the IWA/CC bond in the amount of $ 5,000 for Appl. 07-64P, Wentworth Park II-stormwater.  Pacekonis seconded the motion.  The motion carried and the vote was unanimous.

Evans made a motion to release the IWA/CC bond in the amount of $5,000 for Appl.07-64P, Wentworth Park II-stormwater.  Pacekonis seconded the motion.  The motion carried and the vote was unanimous.  

Evans made a motion to release the IWA/CC bond in the amount of $2,000 for Appl. 05-72P, Fraize Interior Lot.  Pacekonis seconded the motion.  The motion carried and the vote was unanimous.

Evans made a motion to release the IWA/CC bond in the amount of $10,000 for Appl. 03-83P, Berry Patch II.  Pacekonis seconded the motion.  The motion carried and the vote was unanimous.

Pacekonis made a motion to release the Site bond in the amount of $5,000 for Appl. 05-05P, John Fitch Partners.  Wilson seconded the motion.  The motion carried and the vote was unanimous.  

Pacekonis made a motion to release the Site bond in the amount of $2,000 for Appl.  03-83P, Berry Patch II.  Wilson seconded the motion.  The motion carried and the vote was unanimous.

MINUTES:  
No minutes

OTHER BUSINESS:  

ADJOURNMENT:

Pacekonis made a motion to adjourn the meeting at 10:15 p.m.  Sorenson seconded the motion.  The motion carried and the vote was unanimous.

Respectfully submitted
Approved 8-18-09

D. Maria Acevedo
Recording Secretary