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PZC Minutes 07-27-2010
MEMBERS PRESENT:        Vice Chairman Bart Pacekonis, Mark Abrahamson, David Sorenson, Elizabeth Kuehnel and Viney Wilson

ALTERNATES PRESENT:      Mario Marrero and Frank Bonzani
                
STAFF PRESENT:          Michele Lipe, Town Planner

PUBLIC HEARING/COUNCIL CHAMBERS
Vice Chairman Bart Pacekonis called the meeting to order at 7:30 p.m.
APPLICATIONS OFFICIALLY RECEIVED:
  • Appl. 10-36P, Capo Auto Sales – request for a Special Exception to Table 4.1.1.A for a DMV used car dealers license on property located at 524 Burnham Street, Unit #1, I zone
  • Appl. 10-37P, Optimus South Windsor Site - request for a site plan modification for a 12,500 sf addition on property located at 161 South Satellite Road, I zone
  • Appl. 10-38P, M.E.L.T. Fitness Studio—request for a Special Exception to Table 4.1.1.A for a fitness studio at 524 Sullivan Ave., Bay 9, I zone.
The secretary read the legal notice as it was published in the Journal Inquirer on Thurday July 15 and Thursday June 17, 2010.

  • Appl. 10-36P, Capo Auto, LLCrequest for a Special Exception to Table 4.1.1.A for a DMV used car dealers license on property located at 524 Burnham Street, Unit #1, I zone
Commissioner Bonzani recused himself from the above mentioned application.  
Pacekonis appointed Marrero to sit for Kennedy.

Steven Capodicasa presented the application as follows.  The applicant will clean the vehicles and get them ready for the auction.  No vehicles will be for sale at the Burnham Street location.  The applicant is trying to transfer his used car license from East Hartford to 524 Burnham Street in South Windsor.  

The secretary read the correspondence into the record (Exhibit 1).

Lipe gave the following planning report.
Request for Special Exception to Article 4.1.1A and Site Plan of Development for a DMV used car dealers license to allow sale of vehicles at 524 Burnham Street, Building 1- Unit A, I zone. The applicant is has indicated that the vehicles are mainly for wholesale; not retail.  There will be no outdoor display of vehicles and the vehicles will be kept in the rear of the building. Automobile sales are a special exception use in Industrial zones.
As you can see from the aerial photo, there are a variety of vehicles currently kept on the site.
Building 1 is in the front of the property. Over the years there have been several approvals for a variety of automobile-related services including wholesaling vehicles and body shop work throughout this site. This particular building has a long history of automotive uses and was approved for general repairer’s license by the Zoning Board of Appeals in 1997, 1999 and in 2005 the site was approved for automobile sales on a limited basis.
The applicant indicates that very few vehicles will be stored in the fenced area. The hours of operation are Monday – Friday 8 am – 6pm.
The site is served by public water and sewer.  East Hartford was notified as required.
If this application is approved, the Planning Dept has no requested approval modifications.

There was public participation as follows.

George Parsons, 531 Burnham Street, East Hartford voiced his concerns based on his experience with previous auto businesses in the area.  The resident had concerns with the accessibility to the site as well as noise concerns the utility poll on the corner could pose a problem.  The resident feels that there should be periodic overview of the proposed site to make sure that the operation is operating within the approved conditions.  

Commissioners had questions.  Responses will be in italics.  

  • Commissioners asked if the applicant is planning to have tow trucks on the site.
The applicant responded that tow trucks will not be used to move the vehicles.
  • Commissioners asked if the applicant anticipates excessive noise on the site or if the car carriers will be used for the operation.
The applicant responded that the tows will not be used for this operation and that he does not plan to load vehicles at night therefore he does not anticipate any excessive noise coming from the site.  

The hearing was closed at 7:42 PM.

  • Appl. 10-38P, M.E.L.T. Fitness Studio—request for a Special Exception to Table 4.1.1.A for a fitness studio at 524 Sullivan Ave., Bay 9, I zone
Joe Carabase represented the above mentioned application.  The applicant is proposing a private fitness studio.  The applicant plans to have small groups of about 1 to 5 people at a time.  The hours of operation will be as early as 6 AM and the latest class will be 7:00 PM, classes will be by appointment only.  The applicant does not plan to have any sports drinks or supplements the site has a working restroom and he will have running water.

Lipe had the following Planning report.  
Request for Special Exception to Article 7.13 of the zoning regulations to allow a private fitness studio in the existing building at 524 Sullivan Ave., Bay 9, I zone. The fitness studio will occupy about 1,000 sq ft. and no improvements are proposed for the interior space.  The PZC recently approved a yoga studio in the front part of this same facility.
Special exception criteria for indoor recreational use 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.
The Commission may impose additional conditions in accordance with these regulations in order to ensure that all applicable criteria enumerated above and/or within a particular use category are satisfied.
The applicant is proposing to offer classes M- F throughout the day and again on Saturday morning. He anticipates 3-5 students per class.
The parking requirement for indoor recreational use is one space per 250 sq ft, or 4 spaces. There is adequate parking on site.
The Building Official has reviewed the application and has indicated permits will be needed if any interior renovations are needed.
The site is served by public water and sewer.  WPCA approval is not required.
If this application is approved, the Planning Dept requests no additional approval modifications.

There was no public participation.  

Commissioners asked if the applicant planned on opening on weekends.

Mr. Carabase responded that at this time he does not plan to although he may open on Saturdays 9 AM – 12 PM if necessary.  

The public hearing was closed at 7:48 PM.
REGULAR MEETING – MADDEN ROOM
PUBLIC PARTICIPATION:  None
  • Appl. 10-36P, Capo Auto, LLC – request for a Special Exception to Table 4.1.1.A for a DMV used car dealers license on property located at 524 Burnham Street, Unit #1, I zone
Wilson made a motion to approve the above mentioned application with the following conditions.

Pavement markings must be maintained in good condition throughout the site drives and parking areas.
All free standing signs and/or building signs require the issuance of a sign permit before they are erected.
Special Exception form must be filed in the office of the Town Clerk.
This approval is for limited wholesaling of cars.  All vehicles are to be stored either in the building or in the fenced in area behind the building.

Kuehnel seconded the motion.  The motion carried and the vote was unanimous.  

  • Appl. 10-38P, M.E.L.T. Fitness Studio—request for a Special Exception to Table 4.1.1.A for a fitness studio at 524 Sullivan Ave., Bay 9, I zone
Sorenson made a motion to approve the above mentioned application with the following conditions.
  • Pavement markings must be maintained in good condition throughout the site drives and parking areas.
  • All free standing signs and/or building signs require the issuance of a sign permit before they are erected.
  • Special Exception form must be filed in the office of the Town Clerk.
Abrahamson seconded the motion.  The motion carried and the vote was unanimous.
BONDS:
Wilson made a motion to set the Subdivision Bond in the amount of $18,000 for Appl. 10-22P, D & D Dependable Interior lot-2163 Ellington Road

Sorenson made a motion to release the $5,000 landscape bond for Appl. 04-64P, River Walk SRD.  Wilson seconded the motion.  The motion carried and the vote was unanimous.  

Sorenson made a motion to release the $1,000 landscape bond for Appl. 09-27P, Meyer Gage Parking lot.  Wilson seconded the motion.  The motion carried and the vote was unanimous.  

Sorenson made a motion to reduce the landscape bond from $10,000 to $2,000 for Appl. 07-61P, Hillcrest Apts.-E & S.  Wilson seconded the motion.  The motion carried and the vote was unanimous.  

Sorenson made a motion to release the $50,000 IWA/CC bond for Appl. 07-61P, Hillcrest Apts.-E & S.  Wilson seconded the motion.  The motion carried and the vote was unanimous.  

Sorenson made a motion to reduce the $ 5,000 IWA/CC bond for Appl. 03-96, Eagle Run SRD-Stormwater.  Wilson seconded the motion.  The motion carried and the vote was unanimous.  

MINUTES:  
The minutes dated 6-8-2010 and 6-22-2010 were approved by consensus
OTHER BUSINESS:  

ADJOURNMENT:
Sorenson made a motion to adjourn the meeting.  Wilson seconded the motion.  The motion carried and the vote was unanimous.  

The meeting ended at 8:00 PM.

Respectfully submitted

PZC approved on 9/14/2010

D. Maria Acevedo
Recording Secretary