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PZC Minutes 5-11-2010
MEMBERS PRESENT:        Chairman Patrick Kennedy, Bart Pacekonis, Mark Abrahamson, David Sorenson, Tim Moriarty, Viney Wilson and Elizabeth Kuehnel

ALTERNATES PRESENT:     Frank Bonzani, Robert Carroll
                
STAFF PRESENT:          Marcia Banach, Director of Planning
                Jeffrey Doolittle, Town Engineer

PUBLIC HEARING/COUNCIL CHAMBERS
Chairman Kennedy called the meeting to order at 7:30 p.m.
The secretary read the legal notice as it was published in the Journal Inquirer on Friday April 29 and Thursday May 6, 2010.

  • Appl. 10-17P, Treglia Storage lot - request for a 2 year temporary and conditional permit (Section 2.13.a) to allow a storage lot, on property located at 15 Edwin Road (formerly L046 John Fitch Boulevard), I zone
Jay Ussery, J R Russo & Associates presented the application.  The applicant is proposing to use the lot for storage.  In the past it was used to store boats and automobiles.  The site is surrounded by fencing and has a gravel driveway that exits to the back of the property.  A fabric type screening is being proposed on the site.  There is an existing drainage basin located on the north side of the site where the grass doesn’t grow; staff recommended that the applicant plant a buffer of grass around the basin.  The applicant is also recommending a biofilter and adding a hooded catch basin.  No spills or contamination is anticipated.  
Banach had a Planning report as follows
Request for a two-year temporary and conditional permit for a storage lot for vehicles, boats, and other motorized vehicles on property located at 15 Edwin Road, the south westerly intersection of Edwin Road and Route 5, I zone.  
This property is a vacant lot and was previously approved in by the PZC in 1977 to allow for the storage of boats as shown in the 2005 aerial photo.  At that time, Mellen Marine operated a retail operation on the property across Edwin Road and the Commission approved a boat storage site plan which included an extensive landscaping screening along the eastern and western boundary.  Since that business closed, this lot has been used for a variety of storage and the majority of screening previously installed is no longer on site.  The applicant is in front of this Commission as a result of a zoning violation of outdoor storage visible from a public way and for a use not permitted in the zoning regulations.
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.”
The applicant has provided a site layout of the proposed storage areas.  His narrative indicates that the storage will be for typically mobile items such as: cars, trucks, boats trailers, campers, etc.  They have not specified how many items will be stored, but have delineated the storage areas on the plans indicating an access loop throughout the site.
The plans calls for privacy slats or mesh screen to be installed along the fence to provide privacy screening from adjacent streets.  Staff would recommend landscaping in addition to the mesh, as the site is not particularly attractive from the streets.  Many of the vehicles stored are in excess of six feet in height.
The site is a sandy lot with little vegetation. The applicant’s engineer has stated that the vehicle stored on site are generally in “good” condition and has indicated that periodic inspections will take place to check for spills.  An oil/trap hood will be added to the existing catch basin as a precautionary measure.
There is no signage proposed with this application.  In the past, banners had been installed on the fence facing Route 5. The regulations regarding temporary signage apply to the site and a temporary sign permit would be required.
If this application is approved, there are no other planning modifications requested.

Doolittle had the following engineering report.  
1. There needs to be a plan to capture, contain and clean up any oil, antifreeze, fuel etc that may be spilled or leaked from stored vehicles.  This is especially important because the site is not paved but is sandy gravel soil.  
2.  The existing catch basin at the north west corner of the site leads to the Town storm water drainage system and there are no storm water treatment measures associated with this catch basin or on this site.  There should be a grass or stone buffer (at least 20 feet wide) around this catch basin to filter out any storm water contaminants before they get to this basin and also a trap hood installed over the outlet from this catch basin to contain any floating debris or contaminants.  

There was no public participation.  
Commissioners had no questions.  
The hearing was closed at 7:50 PM.
  • Appl. 10-22P, D & D Dependable Construction LLC - request for a resubdivision and Special Exception to Section 3.2.2 of the zoning regulations to create one interior lot on property located on the southerly side of Ellington Road, westerly of Valley View Drive (rear of 2163 Ellington Road), RR and AA-30 zone
Jim Cassidy, Hallisey, Pearson & Cassidy presented the application as follows.  The existing site is 3.14 acres the zone is split on the property, to the front portion it is zoned RR and the back is AA-20 zone.  There is an existing house and a series of barns on the property.  The applicant located the substantial trees on the property.  Everything slopes to the center of the property and it eventually drains onto Ellington Road.  There is public sewer and water and an old well that still remains on the site.  The applicant is proposing to subdivid the property into 2 lots.  The applicant plans to preserve as many of the existing trees as possible to provide a buffer.  Staff recommended that the applicant combine the 2 curb cuts and this has been modified.  A yard drain was proposed for the site to run a pipe through the easement and discharge to the culvert and drainage system.  The applicant is proposing a grass swale so that the run off is collected and no water gets on to the neighbors house.  
Banach had the following planning report.
Request for approval of a Special Exception to section 3.2.2 and resubdivision to create one interior lot on 1.4 acres on property located at 2163 Ellington Road, AA-30 zone.  There is an existing house on this property, which will remain on a 1.5-acre conventional lot.
The property has split zoning, with RR in the front and AA-30 in the rear. The requirements for the interior lot in the AA-30 zone include 60,000 sf minimum lot size and 225 feet minimum lot width. The proposed interior lot appears to conform to these requirements. The existing lot would retain 220 feet of frontage, 150 feet required. There are two barns and several fenced corral areas on the existing lot. One of the corrals extends onto the new interior lot; is this corral being removed?
The applicant proposes a separate driveway for the new interior lot. Staff recommend that a shared driveway be used as the lots front on a busy State highway.
The proposed lot about half wooded, primarily deciduous trees. Some of the woods will be cleared for the new house, leaving about 50 feet of woods at the narrowest section.
The criteria for approval of interior lots include:
the subject area’s boundary configurations, topography, soils or other natural resource characteristics;
proximity to neighboring properties and dwelling units;
restriction of existing views;
proposed buffering/screening;
potential drainage, traffic & environmental impacts
driveway locations, slopes & sight lines
utility service capabilities
property value impacts; and
future land use alternatives.

The interior lots will be serviced by public water and sewers.  WPCA approval is required. It appears that other zoning requirements have been met.  
The Fire Marshal has reviewed this lot and agrees with the staff recommendation to combine the driveways.
There are no regulated wetlands on the new lot, therefore no wetlands application is required. There is no 100-year floodplain.
If this application is approved, the Planning Dept. requests that:
  • Zoning data table must include the provided dimensions.
  • The westerly side yard must be shown coincident with the drainage ROW.
  • Show the disposition of the corral fence that encroaches on the new lot.
  • The proposed house must be shown within the buildable square or eliminate the square on the plans and indicate with a note that the lot meets the buildable square requirement
  • Site distance triangle must be shown at the driveway entrance to ensure adequate site lines.
  • Trees of significance must be identified on the plans – any 18” diameter or greater (Sec. 8.6.2.B.14 of the zoning regulations)
  • A note indicating that there are no regulated wetlands on the property must be placed on the plans.
We do note that in the event the applicant wants to relocate either the drive or the house in the future, a modification would need to be approved by this Commission.

Doolittle had no new comments to add since the applicant has addressed the engineering recommendations.  
There was public participation as follows.
Robert Donston, 33 Norman Drive spoke in favor of the application.  

Gene Lobold, 9 Valley View Drive has concerns with the back of the property that gets very wet when it rains.
The applicant agrees that the property slopes and creates a puddle; this is why the applicant has proposed a swale that would correct the problem.  

Commissioners had questions and concerns as follows.  

Commissioners wanted to make sure that the resident understood the applicant’s response regarding the swale.  
Commissioners asked if the yard drain required any maintenance.
The applicant responded that the homeowner is responsible for the cleaning of the drain swale.  
The hearing was closed on 8:15 PM

  • Appl. 10-24P, Royal House Chapel Connecticut Mission - request for a 2 year temporary and conditional permit (Section 2.13.a) to allow a church use, on property located at 52A Connecticut Ave., I zone
Harrison Amadasun presented the application as follows.  The church will meet twice a week when all the tenants have left and no one is in the building.  The church is only asking to use $5,000 square feet of the building.  The applicant will work with the Fire Marshall and Building Department to meet all codes that are required of them.  
Banach had the following Planning Report.
  • Request for a two-year temporary and conditional permit for a church use on property located at 52A Connecticut Avenue, I zone.  This property currently has two 20,000 sf buildings on site, and the applicant is proposing to occupy 5,000 sf. of the southern building.
  • 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.”
  • The applicant has provided a site layout and floor plan of the proposed space showing a reception area, offices, bathrooms and a sanctuary with approximately 68 chairs.
  • The church would conduct services on Friday evening and Sunday morning, with occasional services on Wednesdays and Thursdays.  All services would take place after the close of business hours.  The applicant has shown 32 spaces – our regulations require 1 space for 3 seats or 22 spaces.
  • The fire marshal and building department have been contacted by the applicant regarding codes requirements for this assembly use.  
  • The fire marshal has indicated that he does not have an issue with a church use at this location; however the applicant does have significant fire code items to address prior to moving in.  The applicant is aware of these issues and is working to address them.
  • Any approval granted by this Commission must be subject to meeting building and fire codes.
If this application is approved, there are no other planning modifications requested.
Engineering had no comments.  
There was public participation as follows.
Samuel Twumasi, 75 Huckmum Blvd. spoke in favor of this application.  
Commissioners asked about how many people attend the Church.

The applicant responded that they have less than 100 members and plan to have 50 to 60 parishioners on weeknights and at least 70 on Sunday.  
The hearing was closed at 8:25PM.

  • Appl. 10-25P, Union District School Farmers Market—request for a 2-year temporary & conditional permit (Section 2.13.a) to allow a farmers market 2 times per month from June through October, offering produce and other items such as cheese, maple syrup, baked goods, soaps, candles, at Union District School, 771 Main St, A-40 zone.
Brian Rivard, President of the Historic District Commission, presented the application.  The applicant has applied for a permit with the Connecticut Department of Agriculture for a farmers market.  The farmers market is scheduled to start on June 27, 2010.  The applicant checked with the Health Department to make sure it meets the requirements.  The applicant has invited 250 farmers from the area to participate.  If the market is a success this year the applicant plans to operate on a weekly basis.

Banach had the following Planning Report.  
  • Request for a two-year temporary and conditional permit for a farmers market sponsored by the South Windsor Historical Society at Union School located at 71 Main Street, A-40 zone.  This property is currently owned by the Historical Society and the farmers market is proposed to operate in the rear of the parking area.
  • The market will be held twice a month on Sundays from 10 am – 2 pm, June 27 through October 17th. Set up would start at 8 AM and vendors would leave by 3 PM.  If successful, they would be open weekly next summer.  
The applicant has provided a site layout showing 11 vendor spots on the site.  The market will feature items grown or produced by local farmers such as: vegetables, fruits, flowers, honey, cheeses as well as specialty products produced from local farmers’ products.  Live entertainment will be featured as well.    
  • Parking for the event will be on-site, in the adjacent parking lot of Wood Memorial library as well along Main Street.  The applicant has spoken with the police department about their parking plans and the appropriate signage.
  • Civic non-profit groups are allowed temporary signage on and off-site advertising special events. A temporary sign permit must be obtained from the Planning Department.   
  • All health code requirements for vendors selling food or offering food samples must be met. The applicant will be responsible for ensuring that all necessary permits are obtained.
  • 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, the applicant will need to file the 2011 dates with the Planning Department once determined.

There was no public participation.  
Commissioners had questions as follows.

Commissioners asked what the live entertainment would be.  

The applicant responded that 1 or 2 people would come in and sing acoustical music.

The hearing closed at 8:30 PM.  

REGULAR MEETING – MADDEN ROOM
PUBLIC PARTICIPATION:  None
  • CGS 8-24 Referral regarding the conveyance of property by Avery Heights Water Association, Inc. to the Town of South Windsor
Doolittle presented the referral as follows.  The Avery Heights Water Association merged with CT Water and did not need the Avery Heights pump station.  The Association is conveying it to the Town. The Town feels that it will be good to use it as future open space.  The Town Council is asking for Planning & Zoning to review the referral and give their recommendations.  

The secretary read the correspondence for the record that was in favor of the CGS 8-24 referral.
Commissioners asked if there was parking already on the site.
Doolittle responded that there is no parking area at this time.  In the future a parking area could be provided and an access way could be made through Pine Tree lane.

Pacekonis gave a favorable recommendation.  Abrahamson seconded the motion.  The motion carried and the vote was unanimous.  
  • Appl. 10-17P, Treglia Storage lot - request for a 2 year temporary and conditional permit (Section 2.13.a) to allow a storage lot, on property located at 15 Edwin Road (formerly L046 John Fitch Boulevard), I zone
Pacekonis made a motion to approve the above mentioned application with the following conditions.  
The Temporary and Condition permit will expire on May 11, 2012, and must be renewed before that time if the use is to continue.
All free standing signs and temporary signs require the issuance of a sign permit before they are erected.
A landscaping plan must be prepared and submitted to the Planning Department for approval
A landscaping bond in the amount of $3000 is required and will be held for a full growing season after the landscaping is installed.
Moriarty seconded the motion.  The motion carried and the vote was unanimous.  
  • Appl. 10-22P, D & D Dependable Construction LLC - request for a resubdivision and Special Exception to Section 3.2.2 of the zoning regulations to create one interior lot on property located on the southerly side of Ellington Road, westerly of Valley View Drive (rear of 2163 Ellington Road), RR and AA-30 zone
Timothy made a motion to approve the above mentioned application with the following conditions.  
Drainage and construction for this lot is subject to the approval of the Town Engineer.
The lot shall be serviced by the Town of South Windsor sanitary sewer system and are subject to the approval of the Water Pollution Control Authority.
Water shall be supplied to this lot by public water.
Fire Marshal’s approval is required for driveway configuration.
All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
All easements for conservation purposes, drainage or utilities, that may be required in connection with the approval of this lot, must be submitted on standard Town easement form where appropriate, to this Commission prior to filing the mylars and issuance of building permits.
Quantity estimates must be submitted to the Town Engineer (on the enclosed form) for the purpose of determining subdivision bonding. All bonds shall conform to the enclosed bond policy and shall be posted prior to filing the final plans in the Town Clerk’s office.
If the developer chooses to submit a Letter of Credit for a one year term, said Letter of Credit must be renewed on a yearly basis until completion of the development. If a new Letter of Credit has not been received within 30 days before the expiration date, the Commission may, at its option, call the Letter it is holding.
A drainage assessment fee in the amount of $50 shall be submitted to this Commission.
Footing drains are required for the house. Prior to the building of any structure on a lot, a topographic map, drawn to a scale of 1" = 40', shall be submitted, showing proposed contours, elevations and the location of the footing drains. No building permit will be issued until the proposed contours, floor elevations and location of footing drains have been approved by the Town Engineer.
If, for any reason, finished grading and other site work is not completed, the Town Engineer shall determine the amount of a cash bond to ensure final grading and site work. This cash bond must be submitted prior to issuance of a Certificate of Occupancy.
No building permits will be issued until all modifications have been complied with, and the final plans 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 4.13.10 of the zoning regulations.
Engineering comments dated May 3, 2010, must be addressed to the Town Engineers satisfaction.
A note indicating that there are no regulated wetlands on the property must be placed on the plans
Pacekonis seconded the motion.  The motion carried and the vote was unanimous.
  • Appl. 10-24P, Royal House Chapel Connecticut Mission - request for a 2 year temporary and conditional permit (Section 2.13.a) to allow a church use, on property located at 52A Connecticut Ave., I zone
Kuehnel made a motion to approve the above mentioned application with the following conditions.  
  • The Temporary and Condition permit will expire on May 11, 2012, and must be renewed prior to that time if the use is to continue.
  • All building and fire codes must be complied with.
  • If there are buildings, structures, signs or other items that require a building permit or other Town approvals/permits, all such approvals or permits must be obtained prior to construction or use of the site.
  • All free standing signs and/or building signs (temporary or permanent) require the issuance of a sign permit before they are erected.
Abrahamson seconded the motion.  The motion carried and the vote was unanimous.  
  • Appl. 10-25P, Union District School Farmers Market—request for a 2-year temporary & conditional permit (Section 2.13.a) to allow a farmers market 2 times per month from June through October, offering produce and other items such as cheese, maple syrup, baked goods, soaps, candles, at Union District School, 771 Main St, A-40 zone
Wilson made a motion to approve the above mentioned application with the following conditions.  

  • The Temporary and Condition permit will expire on May 11, 2012.
  • The Health Department must be consulted and proper permits obtained for vendors selling or providing food at the market.
  • If there are buildings, structures, signs or other items that require a building permit or other Town approvals/permits, all such approvals or permits must be obtained prior to construction or use of the site.
  • All free standing signs and/or building signs (temporary or permanent) require the issuance of a sign permit before they are erected
  • Future dates for the 2011 Farmer Market must be submitted to the Planning Department.
Pacekonis seconded the motion.  The motion carried and the vote was unanimous.  
  • Appl. 10-23P, Nutmeg Commons and Nutmeg Village – Request for a zone change and general plan of development of 55+ acres from industrial zone (I) to Multi-family AA zone (MF-AA) to create a 202 unit multi-family complex, on property identified as 100 South Satellite Road, on the southerly side of  South Satellite Road and easterly of Nutmeg Road South
Discussion ensued among commission members.  

Commissioners felt that although affordable housing would be good for the Town they could not approve the zone change for the following reasons:

  • The zone change is not in conformance with the South Windsor Plan of Conservation & Development
  • The zone change does not meet the criteria for zone change approval enumerated in Section 8.3.D of the Zoning Regulations, including (but not limited to) 8.3.D.13, neighborhood acceptance weighed against community needs.
Pacekonis made a motion to deny Appl. 10-23P, Nutmeg Commons and Nutmeg Village for a zone change and general plan.  The motion carried 6 to 1 with Kennedy, Pacekonis, Sorenson, Abrahamson, Moriarty, and Wilson voting in favor of denial and Kuehnel voting against.  

MINUTES:  

OTHER BUSINESS:  
ADJOURNMENT:
Pacekonis made a motion to adjourn the meeting.  Sorenson seconded the motion the motion carried and the vote was unanimous.

The meeting ended at 9:07 PM.

Respectfully submitted
PZC Approved 6-22-10


D. Maria Acevedo
Recording Secretary