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PZC Minutes 01-25-2011
MEMBERS PRESENT:        Patrick Kennedy, Bart Pacekonis, David Sorenson, Mario Marrero, Elizabeth Kuehnel, and Viney Wilson

ALTERNATES PRESENT:       Frank Bonzani, William Carroll and Gary Pitcock
                
STAFF PRESENT:          Michele Lipe, Town Planner

PUBLIC HEARING/COUNCIL CHAMBERS
Kennedy called the meeting to order at 7:30 p.m.
APPLICATIONS TO BE OFFICIALLYRECEIVED:
  • Appl.11-02P, Kryla Zoning Amendment – request for a zoning amendment to Section 10.3 Definitions add a definition of “story” and modify the definition of basement
  • Appl.11-03P, Medical Office Building (Kelley Property) - request for a site plan to construct a 15, 870 sf two- story medical office building on property located at 1559 Sullivan Ave and 29 Community Road, RC zone
  • Appl. 11-04P, New Country Auto  – request for a Special Exception to Table 4.1.1.A and site plan modification for Department of Motor Vehicle used car dealers license and general  repair license on property located at 280-302 Sullivan Ave., I zone
  • Appl.11-05P, FedEx Ground – request for a site plan approval to construct approx. 288,901 sf in two phases, on 60+ acres of property located on the northerly side of Sullivan Ave. and easterly side of Kennedy Road, I zone
PUBLIC HEARING-COUNCIL CHAMBERS
The secretary read the legal notice as it was published in the Journal Inquirer on Thursday, January 13 and Thursday January 20, 2011.

Kennedy appointed Bonzani to sit for Moriarty
Kennedy welcomed Gary Pitcock as a new alternate to the Planning and Zoning Commission.  

  • 11-01P, Appleseeds Preschool – request for Special Exception to Article 3.1.A to operate a preschool for a maximum of 45 children within the Temple Beth Hillel facility, located at 20 Baker Lane, A -20 zone
Julie Ratajczak presented the above mentioned application.  
Lipe had the following Planning report.
Request for a special exception to table 3.1.1.A to operate a preschool in space to be leased from Temple Beth Hillel on property located at 20 Baker Lane, A-20 zone.
The applicant is proposing to have up to 45 children, aged 2-5, and will operate from 7 am – 6 pm Monday through Friday.
The applicant is proposing to use the existing classroom space.  A layout of the interior of the building has been provided. The existing bathroom facilities and classrooms were designed to accommodate this age group.
The only exterior improvements proposed include the addition of a fenced play area.  An area to the west of the building has been identified for the play area.  A sketch of this area has also been provided by the applicant.
Criteria for evaluating special exception uses in the A zones 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.
There are two existing curb cuts off of Baker and Cody Circle that currently service the property. The applicant has indicated that children drop off and employee parking will take place away from the outside play area.  
There are regulated wetlands on the site; however there is no new activity proposed and approval is not required.
The site would be served by public sewer and public water. Water Pollution Control Agency approval is not required.
If this application is approved, the Planning Department requests the following modifications:
Any proposed signage will need a sign permit and must comply with Section 6.5.7 of the zoning regulations
There was public participation as follows.
Mike Leshard, 135 Cody Circle, spoke in opposition to the application.  In the past during events at the Temple Beth Hillel their have been traffic issues and is worried that the facility will be expanded in the future.    
Commissioners had questions and concerns as follows.  Responses will be in italics.
  • Commissioners questioned the applicants hours of operations.
The applicant responded that she would be open from 7 AM to 6 PM and that she would provide before and after care.  
  • Commissioners mentioned that with those hours it would be considered a daycare not just a preschool.
The applicant mentioned that she would modify the hours if needed.
  • Commissioners questioned if a day care was allowed in A-20 zone
Lipe responded that day cares were not allowed in the A-20 Zone only preschools are allowed therefore the applicant’s application can only be for a preschool not a daycare.  

The public hearing closed at 7:50 PM.

  • PZC-sponsored correcting amendments to Table 4.1.1A, Permitted Commercial and Industrial Uses: (1) restore financial services, institutions and agencies with site plan approval in General Commercial zones; and (2) restore pharmacy with site plan approval in Restricted Commercial and General Commercial zones;  Correcting amendment to Section 4.4 I-291 Corridor Development Zone to restore the frontage requirements; Correcting amendment to Section 4.2.15 Specific Requirements for Multifamily Residential Uses to restore Solid Waste Disposal Criteria;  eliminate Section 3.3.3.F Form of Ownership/Occupancy in the Designed Residence Zone to eliminate the reference to the defunct Town-administered Moderate Price Housing Program and amend Section 7.1.5 J to eliminate the requirement for in-law apartment owners to reaffirm ownership with the Planning Department every four years
Lipe mentioned that the above mentioned revisions have come up that were somehow omitted in the past or were never update.  There was no public participation.  The hearing closed at 7:55 PM

REGULAR MEETING – MADDEN ROOM
PUBLIC PARTICIPATION:  None
  • Annual Meeting
  • Election of Officers
  • Review of By-Laws (see enclosed)
  • Other Business
The above mentioned item was postponed since all the regular members were not present.
  • Appointment of representative and alternate to serve on the Region Council of Governments
Viney Wilson agreed to be the alternate for CRCOG and Pat Kennedy currently serves as the representative.  
  • Appl. 11-01P, Appleseeds Preschool – request for Special Exception to Article 3.1.A to operate a preschool for a maximum of 45 children within the Temple Beth Hillel facility, located at 20 Baker Lane, A -20 zone
Discussion ensued among the Commissioners.  
The Chairman mentioned that a foreseeable problem would be how to distinguish a preschool that can operate under special exception versus a daycare that can’t.  
Commissioner Wilson mentioned that she was not comfortable approving a preschool program that has the hours of 7 AM to 6 PM since she was aware that the State would not license such a preschool.  

The chairman responded that this was an approval for a preschool program and wouldn’t be an approval that would allow her to obtain day care licensing through the State.  The approval will simply allow her to run a preschool.  There is an established licensing through the State and the applicant would have to comply with whatever the State regulations require for a preschool.  

Kuehnel made a motion to approve the above mentioned application with the following standard 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 is granted to Table 3.1.a – the special exception form must go on file in the office of the town clerk.
Marrero seconded the motion.  The motion carried and the vote was unanimous.    

  • Preliminary discussion with Peter DeMallie regarding prospective mixed use development on Pleasant Valley Road.
Peter DeMallie, President of Design Professionals Inc. discussed the new proposal for Nutmeg Commons & Nutmeg Village application that was previously denied by the Commission.  The site plan has been modified to include a parcel that is fronting Pleasant Valley Road. The applicant is proposing 60 acres on the south side of South Satellite Road, the entire frontage remains in the I Zone and will be divided into 6 industrial building lots.  Access in and out of the site will be through Pleasant Valley Road.  The units were reduced to 158 unit’s total. The industrial neighbors will not be impacted at all.  Since the site does not have adequate frontage the site will need a public access road about 400 ft long cul de sac.  


Commissioners gave feedback and asked questions as follow.
Commissioners asked if their would be any problems with the businesses and the noise ordinance
DeMallie responded that the applicant has met with the business owners about the concerns that were brought up at the last hearing.  With the new proposal there is now a 50 ft buffer as well as a fence between the industrial and the residential which the business owners are comfortable with.  
Commissioners asked about the study that was conducted regarding the number of school aged students that the development would bring.
DeMallie responded that the number of school aged children should be a reduction since there is a reduction in the number of units from the previous site plan.
Commissioners suggested putting a recreational area at the entrance of the complex that is away from the units.
Lipe asked about pedestrian access.
DeMallie responded that the side walk would be extended to Pleasant Valley Road however their would not be any interconnection of side walks to South Satellite Road.
Commissioners mentioned that the applicant will have to submit a traffic study and associated work with the new access drive.  
  • Appl. 05-75P, Town of South Windsor – five year extension to the Site Plan approval for the installation of ball field lights and other improvements for Ball field #1 on property located at 150 Nevers Road, RR zone
Pacekonis made a motion to approve the above mentioned request.  Kuehnel seconded the motion.  The motion carried and the vote was unanimous.  
  • PZC-sponsored correcting amendments to Table 4.1.1A, Permitted Commercial and Industrial Uses: (1) restore financial services, institutions and agencies with site plan approval in General Commercial zones; and (2) restore pharmacy with site plan approval in Restricted Commercial and General Commercial zones;  Correcting amendment to Section 4.4 I-291 Corridor Development Zone to restore the frontage requirements; Correcting amendment to Section 4.2.15 Specific Requirements for Multifamily Residential Uses to restore Solid Waste Disposal Criteria;  eliminate Section 3.3.3.F Form of Ownership/Occupancy in the Designed Residence Zone to eliminate the reference to the defunct Town-administered Moderate Price Housing Program and amend Section 7.1.5 J to eliminate the requirement for in-law apartment owners to reaffirm ownership with the Planning Department every four years
Pacekonis made a motion to approve the above mentioned item and found that it was consistent with the Towns Plan of Conservation and Development and is effective as of the day of publication.  Sorenson seconded the motion, the motion carried and the vote was unanimous.  
BONDS:
Wilson made a motion to release the $12,500 IWA/CC Bond for Appl. 02-18P, SW Technologies.  Pacekonis seconded the motion, the motion carried and the vote was unanimous.  

Wilson made a motion to release the $2,000 E & S bond for Appl. 06-13P, DiPietro Estates.  Pacekonis seconded the motion, the motion carried and the vote was unanimous.  

MINUTES:  
The minutes dated 11/23/2010 were approved by consensus.

OTHER BUSINESS:  
Kennedy read a resignation letter to the commissioners from Commissioner Timothy Moriarty.  Commissioner Moriarty will no longer serve on the Planning & Zoning Commission.

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

The meeting ended at 9:30 PM.

Respectfully submitted

PZC Approved 2-8-2011

D. Maria Acevedo
Recording Secretary