MEMBERS PRESENT: Chairman Patrick Kennedy, Bart Pacekonis, David Sorenson, Timothy Moriarty and Mark Abrahamson
ALTERNATES PRESENT: Mario Marrero
William Carroll
STAFF PRESENT: Michele Lipe, Assistant 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 February 12 and Thursday February 18, 2010.
- Appl. 10-05P, J.E. Shepard Company– request for a 2 year temporary and conditional permit (Section 2.13.a) to allow a two-family house on property located at 2019 John Fitch Boulevard, I zone
Tim Shepard presented the application to renew the above mentioned permit.
Lipe gave a Planning Report as follows.
Request for a temporary and conditional permit for an apartment at 2019 John Fitch Boulevard, I zone. There is also an existing industrial building on the site that is currently being used by an electrical contractor.
The applicant applied to the ZBA in October 2005 to make this into a permanent two family house, however, the applicant was denied a variance as the Board did not think there was any hardship demonstrated. The applicant then applied to this commission for a T&C permit, which was granted in April 2006 and renewed in 2008.
The wording of the T & C permit regulation is that, “Temporary and conditional permits may be granted by the Commission for a period not to exceed two years. Such approval may be given after a Public Hearing if, in the judgment of the Commission, the public convenience and welfare will be substantially served, and the appropriate use of neighboring property will not be substantially or permanently injured, and traffic and other hazards will not result from such use.”
There are no engineering comments on this application
The meeting closed at 7:35 PM.
- Appl. 10-06P, J.E. Shepard Company– request for renewal of a 2 year temporary and conditional permit (Section 2.13.a) to allow a modular office at 185 Governor’s Highway, I zone
Tim Shepard presented the application to renew the above mentioned permit.
Lipe gave a Planning Report as follows.
- Request for renewal of a two-year temporary and conditional permit for a modular office at 185 Governor’s Highway, I zone.
- This temporary and conditional permit was originally granted in 1991. The office area is approximately 880 sq ft. (40’ x 22’) and it is located slightly outside the building line along Governor’s Highway. The applicant has provided a site layout and pictures of the office.
- The wording of the T & C permit regulation is that, “Temporary and conditional permits may be granted by the Commission for a period not to exceed 2 years. Such approval may be given after a public hearing if, in the judgment of the Commission, the public convenience and welfare will be substantially served, and the appropriate use of neighboring property will not be substantially or permanently injured, and traffic and other hazards will not result from such use.”
If this application is approved, there are no planning modifications requested.
- Appl. 10-07P, J.E. Shepard Company– request for renewal of a 2 year temporary and conditional permit (Section 2.13.a) to allow two apartments, known as Home Farm Apartments, on property located at 176 Windsorville Road, RR zone
Tim Shepard presented the application to renew the above mentioned permit.
Lipe gave a Planning Report as follows.
Request for renewal of a Temporary & Conditional permit for two apartments located at 176 Windsorville Road, RR zone. The original approval was granted in January 1993. The building was constructed in 1911 and, according to the original ZBA application; the subject building had been used for a variety of nonconforming uses in the past, such as boarding house, teen center, manufacturing and apartment, and studio.
The wording of the T & C permit regulation is that, “Temporary and conditional permits may be granted by the Commission for a period not to exceed two years. Such approval may be given after a Public Hearing if, in the judgment of the Commission, the public convenience and welfare will be substantially served, and the appropriate use of neighboring property will not be substantially or permanently injured, and traffic and other hazards will not result from such use.”
The RR zone does allow for accessory apartments; however there is no provision for apartments in separate buildings on a site.
This property is served by wells. The Environmental Health Officer has been updating records on wells and indicated that because of the number of units on site, he needs to work with the applicant to determine if the well comes under the definition of a community well so any Public Health code requirements can be met. We would recommend an approval condition that the applicant continues to work with applicant to determine well status.
If this application is approved, the Planning Dept. has no modifications to request.
- Appl. 10-08P, J.E. Shepard Company– request for renewal of a 2 year temporary and conditional permit (Section 2.13.a) to allow an office for the “Inspiration House Publishers” at 1865 Main Street, A-40 zone
Tim Shepard presented the application to renew the above mentioned permit.
Lipe gave a Planning Report as follows.
- Request for approval of a renewal of a two-year temporary and conditional permit that had originally been granted by the ZBA for an office for Inspiration House Publishers in the existing Post Office building at 1865 Main Street, A-40 zone.
- This property is owned by the applicant and currently houses the East Windsor Hill Post Office as well as an apartment. The applicant has used this location in the past for Inspiration House as well as for the Giving Tree (a card, gift and book shop) approved through a ZBA temporary and conditional permit. The current use is the inventorying of the cards and books of the “Inspiration House Publishers.” There are no retail sales and all shipments are made directly from the East Windsor Hill Post Office.
- The applicant’s description indicates that the level of activity is approximately 4 hours a week and would entail the owner’s car being parked in the East Windsor Post Office parking area.
- The wording of the T & C permit regulation is that, “Temporary and conditional permits may be granted by the Commission for a period not to exceed two years. Such approval may be given after a Public Hearing if, in the judgment of the Commission, the public convenience and welfare will be substantially served, and the appropriate use of neighboring property will not be substantially or permanently injured, and traffic and other hazards will not result from such use.”
5. If this application is approved, the planning department has no modifications to request. There are no engineering comments on the plan.
- Appl. 10-11P, Genevieve M. Beaurivage dba Giuseppina’s Cake and Pastries - request for a 5-year major home occupation to operate a home-based bakery at 85 Skyline Drive, A-20 zone (postponed to March 9)
- Appl. 10-13P, Courtesy Auto, LLC – request for special exception to section 7.9 and site plan of development to allow a used car dealership on property located at0 1265 John Fitch Boulevard, Units 10-11, I zone
Trevor Hewitt presented the application. Mr. Hewitt is applying for a used car dealer’s license to wholesale cars and perform minor repair work, cosmetic body work, spot panel repairs/painting and bumper repairs. No major repair or retail sales of vehicles will be conducted at this location.
Lipe had a Planning report as follows.
Request for Special Exception to Article 4.1.1A and Site Plan of Development to occupy a portion--approximately 4,800 square feet--of an existing industrial building to allow a used car sales with minor repairs at 1265 John Fitch Boulevard, Units 10 and 11, I zone.
The special exception criteria to be considered include:
- The proposal is consistent with the goals and objectives of the Plan of Conservation and Development.
- The application has met the requirements of the zoning regulations.
- The land is physically suited to the proposed use.
- Minimal, if any, adverse environmental impacts are created.
No traffic or other hazards will be created.
- The impacts on the capacity of the present and proposed utilities, street, drainage systems, sidewalks, and other elements of the infrastructure will be minimal.
There will be minimal or no adverse effects on existing uses in the area.
Surrounding property values will be conserved.
- The character of the neighborhood will be maintained or minimally disrupted.
The general welfare of the community will be served.
- There is a balance between neighborhood acceptance and community needs.
- Historic factors are adequately protected; or due consideration to preservation of historic factors has been demonstrated.
- The overall physical appearance of the proposed development is compatible with surrounding development and the Commission’s goals for the neighborhood/corridor.
The architectural design is aesthetically pleasing and blends well into the surrounding area.
With this request, the applicant is seeking approval for a used car dealer’s license which is issued from the DMV after receiving local zoning approval.
The applicant’s narrative indicates that the sales will primarily be wholesale auto sales and will perform minor repair work, cosmetic body work, spot panel repairs/painting and bumper repairs/painting. There will be no outdoor display of vehicles for sale.
The site plan shows the area of the building that will be used as well as the parking area dedicated to these units.
Units 11 and 12 were previously approved for a general repairer of automobiles in 2007.
The site is served by public water and sewer. WPCA approval is not required.
If this application is approved, the Planning Dept has no requested approval modifications.
There was no public participation.
Commissioners had questions, responses will be in italics.
Commissioners asked how the applicant would dispose of oil and parts.
The applicant responded that he will not be doing any oil changes or major repairs.
Commissioners asked if any tractors would be moving the vehicles.
The applicant responded that the vehicles will be driven into the site.
Commissioners asked for some clarification as to what other businesses were at the site currently.
Lipe responded that it is an industrial zone and there are a variety of tenants in this building. In the past there had been some parking issues, however we are not aware of any current problems.
The public hearing for the above mentioned item was closed at 8:00 PM.
REGULAR MEETING – MADDEN ROOM
PUBLIC PARTICIPATION:
None
NEW BUSINESS:
- Appl. 10-05P, J.E. Shepard Company– request for a 2 year temporary and conditional permit (Section 2.13.a) to allow a two-family house on property located at 2019 John Fitch Boulevard, I zone
Moriarty made a motion to approve the above mentioned application. Wilson seconded the motion. The motion carried and the vote was unanimous.
- Appl. 10-06P, J.E. Shepard Company– request for renewal of a 2 year temporary and conditional permit (Section 2.13.a) to allow a modular office at 185 Governor’s Highway, I zone
Moriarty made a motion to approve the above mentioned application. Abrahamson seconded the motion. The motion carried and the vote was unanimous.
- Appl. 10-07P, J.E. Shepard Company– request for renewal of a 2 year temporary and conditional permit (Section 2.13.a) to allow two apartments, known as Home Farm Apartments, on property located at 176 Windsorville Road, RR zone
Pacekonis made a motion to approve the above mentioned application with the following conditions.
- The applicant must work with the town’s Environmental Health Officer to determine the status of the well and to meet any public health code requirements related to the well.
- The permit is for a two year renewal and will expire on February 23, 2012. If this use is to continue beyond that date, a renewal will be required.
Moriarty seconded the motion. The motion carried and the vote was unanimous.
- Appl. 10-08P, J.E. Shepard Company– request for renewal of a 2 year temporary and conditional permit (Section 2.13.a) to allow an office for the “Inspiration House Publishers” at 1865 Main Street, A-40 zone
Pacekonis made a motion to approve the above mentioned application. Sorenson seconded the motion. The motion carried and the vote was unanimous.
- Appl. 10-13P, Courtesy Auto, LLC – request for special exception to section 7.9 and site plan of development to allow a used car dealership on property located at0 1265 John Fitch Boulevard, Units 10-11, I zone
Commissioners discussed the application. Abrahamson moved to approve the above mentioned application with the following conditions:
1. The approval does not constitute approval of the sanitary sewer, which can only be granted by the Water Pollution Control Authority.
2. Pavement markings must be maintained in good condition throughout the site drives and parking areas.
3. All free standing signs and/or building signs require the issuance of a sign permit before they are erected.
Wilson seconded the motion. The motion carried and the vote was unanimous.
MINUTES:
The Minutes for 2-09-10 were approved by consensus.
OTHER BUSINESS:
ADJOURNMENT:
Sorenson made a motion to adjourn the meeting. Pacekonis seconded the motion the motion carried and the vote was unanimous.
The meeting adjourned at 8:40 PM.
Respectfully submitted:
Approved by PZC3-23-10
D. Maria Acevedo
Recording Secretary
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