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PZC Minutes12-11-2012

MEMBERS PRESENT: Patrick Kennedy, Bart Pacekonis, Viney Wilson, Mario Marrero, William Carroll, Elizabeth Kuehnel
ALTERNATES PRESENT: Stephanie Dexter, Will Butter (seated for Kevin Foley), Stephen Wagner
TOWN STAFF PRESENT: Michele Lipe, Jeff Doolittle, Lauren Zarambo

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APPLICATIONS TO BE OFFICIALLY RECEIVED:
  • Appl. 12-49P, Musante Enterprises, LLC dba Musante Sports– request for special exception to table 4.1.1A for a used car dealer’s license for Unit 12, on property located at 1257 John Fitch Boulevard, I zone
  • Appl 12-50P, Superior Northeast – request for renewal of a 2-year temporary and conditional permit for a 30’ x 60’ storage shed on property located at 24 Jeffrey Drive, I zone
PUBLIC HEARING / COUNCIL CHAMBERS

CALL TO ORDER: Chairman Kennedy called the Public Hearing to order at 7:30 pm
Secretary Viney Wilson read the legal notice as it was published in the Journal Inquirer on Thursday, November 29 and Thursday, December 6, 2012.

  •  Appl. 12-46P, Peter DeMallie – Outdoor Dining Permits Amendment - request to amend section 7.15A.1 to make minor changes to the current approval process of small scale proposals; amend section 7.15B.8 to allow for outside audio systems under certain conditions; and to amend section 7.15B.11 to increase the number of tables that can be proposed without waitpersons
Peter DeMallie, President of Design Professionals Inc, distributed copies of the proposed Outdoor Dining Permits Amendment to the commissioners. Section 7.15.A.1 describes the number of tables and seats suggested to be increased from 4 tables to 6 tables and 16 seats to 24 seats. Mr. DeMallie described the change as modest. The 2nd provision revises Section 7.15.B.8 to allow for outdoor music on low intensity audio systems for ‘mood music’ under strict guidelines if abutting residential property. The third provision, 7.15.B.11, increases outdoor dining tables from four tables to 16 tables and increases seats from 16 to 48. Mr. DeMallie stated the primary emphasis for this reasonable recommendation is for the benefit of the site plan application on tonight’s agenda for the ‘Dairy Queen Chill and Grill’.

Town Planner, Michele Lipe, made staff comments describing the history of outdoor dining in South Windsor and how the regulations evolved.
  •  A brief history on the Outside Dining Amendment - This amendment was originally added to the regulations in 1996 recognizing the start of a trend for outside dining.  At the time it was proposed, the PZC wanted to ensure that adequate controls were put in place to create outside dining in appropriate locations;
  • Changes being proposed to Section 7.15A would allow an applicant to submit and application and supporting documentation to the Planning Department as a zoning permit and would be handled at the staff level for seating of 6 tables or less. Currently any outside proposal is required to come before this Commission.
  • Changes proposed to Section B.8 would set up a provision to allow outdoor audio systems. The current regulation prohibits and outdoor music.  Under this proposal, any outdoor music adjacent to residential areas would require an applicant to monitor the noise and report noise levels to the Planning Department on an annual basis or as required by the Town Planner.  Volumes in other areas would be regulated by the Town’s noise ordinance.
  •  The last change in section B.11 would increase the number seats allowed before a wait person would be required.
  • The Town Plan of Conservation and Development encourages the growth of small retail, restaurants, food-stores and small professional and service provider’s spaces provided they are compatible with their surroundings.
  •  The Capitol Region Council of Governments has reviewed this request as required and finds no apparent conflict with regional plans and policies or the concerns of neighboring towns.
  • If this is approved, the Planning Department would recommend that Section &.15.A.2 read, “Permit for more that 6 tables / 24 seats; the applicant must provide the following information on a site plan” so that it is consistent with the first change proposed in Section 7.15.A.
  • If the Commission approves this application, you must state on the record that the amendment is consistent with your Plan of Conservation and Development
Town Engineer, Jeff Doolittle, had no comments.

Deputy Mayor Gary Bazzano spoke in favor of amendment stating South Windsor has evolved over the last ten years to have outdoor dining and this amendment allows for more latitude toward the applicant to be handled through town staff rather than through the process presently required.

No one from the public spoke in opposition.

Vice Chairman Pacekonis asked Planner Lipe if public hearings were involved for outdoor dining permits. Planner Lipe replied ‘No.’ The Vice Chairman asked how many establishments in town utilize outdoor dining. Planner Lipe replied approximately 8 to 12 establishments at which the dining could be as small as a few picnic tables. Currently all applications would come before the Commission for approval but a public hearing is not required. Vice Chairman Pacekonis continued if a residential neighborhood was impacted, what would the recourse be for someone living in that residential neighborhood. Mr. DeMallie replied he did not know of any residential areas impacted by this use in respect to noise and abutting residential areas. However, if there was an abutting residential use in the future, the town planner as required as part of the approval, would require sound monitoring readings. Another protection lies within a town ordinance that limits the noise levels allowed to be emitted from a commercial zone to a residential zone. Noise would be enforceable through the town ordinance and zoning regulations and can be brought before the town planner or police.

Commissioner Wagner noted the phrase ‘…and are not offensive to persons on abutting properties…’ as a subjective one which did not necessarily apply to residential. Planner Lipe replied noise ordinance levels would come into play whether it was a residence or a business being affected. Mr. DeMallie stated noise levels are uniformly accepted standards statewide from State law; lower levels allowed in the evening hours and higher levels during the day when there is more background noise.
Chairman Kennedy interjected that since Commissioner Foley had not arrived he would appoint Commissioner Butter to sit for Commissioner Foley.
Vice Chairman Pacekonis asked Planner Lipe if an annual noise level report was required.  Planner Lipe stated the annual report is only required on properties with abutting residential zones.

Chairman Kennedy closed the Public Hearing at 7:55 pm.

  •  PZC Sponsored – request zoning amendment to modify Section  4.2.5 B and eliminate Section 4.2.6.V which currently prohibits grocery stores larger than 22,000 square feet
Town Manager, Matthew Galligan, thanked the Commission for the opportunity to speak about the proposed amendment. Previously, Stop and Shop was proposed to go on the corner of the Gateway Zone  but the Commission realizing the potential traffic and crowding issues helped them locate where they are today at about 67,000 square feet. The size is not apparent the way the store and plaza are designed. Highland Market was sized at 22,000 square feet. At this time having the regulation limited to a size of 22,000 square feet is not great for the market and does not allow new supermarkets like Trader Joes or Wild Oats to come in. This is the only zone that has this type of requirement of size limitation and appears to be an irregularity. The area has seen a series of changes over the last 17 years and this size does not meet the present needs of the community. The original intention of the amendment was good but no longer meets the spirit of zoning to provide diversity by bringing in stores paying taxes yet providing another product or service to the town. An increase will allow the market to look at possibilities in South Windsor but continues to allow PZC to have control through the approval processes. This zoning amendment will open the door to new products to enhance existing development.

Town Planner Lipe gave the following staff comments:
  • This amendment to Section 5.8 of the zoning regulations would eliminate the size restriction which was placed on grocery stores in the Buckland Gateway Development zone in 2005. The current regulation prohibits grocery stores over 22,000 sf, but does allow specialty food stores less than 10,000 sq ft. The current regulation also requires grocery stores to be a minimum of 1,500 sf apart from any other existing grocery store.
  • The 1500-foot separating distance was adopted by the PZC with the idea that it allows the Commission to evaluate whether the amendment is successfully producing the type of market that is compatible with the Gateway Zone before numerous similar applications could be filed.
  • Any new store is subject to the rigorous design standards contained in the Gateway Zone.  Additionally, there is a grocery store shopping cart management plan provision in place which require employees to return shopping carts to the store immediately after use by the customer.
  • The Town Plan of Conservation and Development offers no guidance for this amendment.
  • A zoning amendment request is the appropriate time to consider traffic impacts that could result from the proposed amendment. In this instance, the Gateway Zone is well served by Buckland Road, so new traffic should not result in unacceptable impacts. Each site would be evaluated at the time of site plan approval.
  • There should be no unusual infrastructure impacts from adoption of the proposed amendment.
  • The Capitol Region Council of Governments has reviewed this amendment as required and has forwarded the following report:  
  • “The staff of the Regional Planning Commission of the Capitol Region Council of Governments has reviewed this referral and finds no apparent conflict with regional plans and policies or the concerns of neighboring towns.”
  • If this amendment is approved, the Commission must find that it is in conformance with the Town Plan and must set an effective date.
Town Engineer Doolittle had no engineering comments.

No one from the public spoke in favor of the amendment.

Resident, Cindy Beaulieu, voiced concerns about the spirit of South Windsor’s Gateway Zone and the Evergreen area. Ms Beaulieu stated she understood why the 22,000 square foot restriction was being removed but did not want to leave it open ended to invite something the size and magnitude of a Walmart to come in which is not what South Windsor needs lining Buckland Road. Ms Beaulieu urged the Commission to consider the types of stores desired for the area and put in a restriction that allows those types of stores to come in.

Commissioner Kuehnel asked the Town Manager if he would entertain a cap on the number. Mr. Galligan replied this would then be the only zone with a cap. A cap is difficult and restrictive to marketing. The Commission has controls over who can come in or not and Evergreen has set the standard. Vice Chairman Pacekonis asked the Town Manager if a 30, 40 or 50,000 square foot size was an accurate size for a Whole Foods or Trader Joes to locate in South Windsor. Mr. Galligan replied Trader Joes sometimes locates in a 15,000 square foot store and that the size of the store is more dependent on the demographics and income levels. Vice Chair Pacekonis stated there has been concern among the town and noted in the POCD about the expansion of big box stores up Buckland Road toward the town center. The 22,000 cap is there for that purpose. The Commission is always willing to move and change requirements but it has also always wanted to take ‘baby steps’ and would like a compromise in this instance. Mr. Galligan replied the overall design of Evergreen which the Commission put in place allows for a 100,000 square foot store which could be made to look like 15 individual stores in design.

Vice Chair Pacekonis invited Deputy Mayor Bazzano to speak. Mr. Bazzano stated he was involved with much of the work on the gateway zone with his time on the PZC and believes a cap should be put on the amount of square footage in order to restrict what kind of store goes in. His concern is the proliferation of grocery stores in South Windsor. Putting a restriction in could alleviate problems as we go forward. He agreed there is a need to increase the square footage but does not feel there is a need to get rid of the size restriction totally. A cap can be reassessed.

Commissioner Carroll asked the Town Manager about the sizes of area stores. Commissioner Butter asked if there is there a size limit on ‘mega stores’ in the Gateway Zone to which Planner Lipe replied there are no limits but size is addressed by design controls. Commissioner Butter stated the only limits appear to be for grocery stores. Town Manager Galligan continued a Walmart or anyone can come in according to current regulations as long as they meet your design criteria. The size limits are for grocery stores alone.
Chairman Kennedy closed the Public Hearing at 8:20 p.m.

REGULAR MEETING / MADDEN ROOM

CALL TO ORDER: Chairman Kennedy called the Regular Meeting to order at 8:30 p.m.

PUBLIC PARTICIPATION:

NEW BUSINESS: Discussion/Decision/Action regarding the following:

  • The Annual Meeting for the Election of Officers, Review of By-Laws and other business was bypassed under the Commission rules because one of the regular members was not present. The Annual Meeting will be set for the next agenda.

  • Appl. 12-46P, DeMallie – Outdoor Dining Permits Amendment - request to amend section 7.15A.1 to make minor changes to the current approval process of small scale proposals; amend section 7.15B.8 to allow for outside audio systems under certain conditions; and to amend section 7.15B.11 to increase the number of tables that can be proposed without waitpersons
Commissioner Carroll made a motion to approve with the following modifications:
  • The Planning and Zoning Commission finds that the zone text amendment in conformance with the Town Plan of Conservation and Development.
  • The effective date of the zone text change is 12/17/12.
  • Section 2 to be modified to reflect the change from Section 1 which changes 4 tables to 6 tables and 16 seats to 24 seats.
Vice Chairman Pacekonis seconded the motion. The vote was unanimous and the motion carried.

  • Appl. 12-47P, Dairy Queen Grill & Chill – request for a site plan modification to make minor changes to the existing parking area; to add a parking area on the adjacent town property, and to add an area for outside dining, on property located at 845 Sullivan Ave., GC zone
Ben Wheeler from Design Professionals, Inc. presented the application for Dairy Queen Grill & Chill to be located exactly where Dairy Queen was originally in town. The applicants are Bob Larkin and Gary Somerset. Mr. Somerset has been operating Dairy Queens for 38 years. The site, 845 Sullivan Avenue, was most recently Stowe Kitchen and Bath whose site plan was approved in 2005. The building has been vacant for a year or longer. Prior to that it was a restaurant and prior to that is was a Dairy Queen. This Site Plan Modification application is to reinstate the prior use. Minor site improvements are being proposed to improve aesthetics and circulation around the site. The two major improvements are an outdoor dining patio and the expansion of a gravel parking lot onto property owned by the town. Currently there is an existing small entrance and small parking lot off of Sullivan Avenue with access to the trails on the north end of the Donnelly Land Preserve. This improvement will provide more parking for the land preserve and overflow parking for Dairy Queen. The existing 18-hole mini golf facility at the rear of the property will be improved and reopened. The batting cages behind the mini golf will be removed and replaced with outdoor family entertainment equipment such as climbing walls and ‘monkey motion’. A secondary building on the site is to remain and will serve as a staging and cashier area for the entertainment facility. Phase 2 is proposed for a 1,500 square foot addition to the back of the building to create a party or gathering room. The building plans are not completed for it but site plan approval is being sought.  Prior to construction to that portion of the facility ADRC review and approval will be required.

A site plan graphic illustrated the outdoor patio area which will accommodate up to 48 seats. The expansion of the gravel parking lot on the property to the west creates a public private partnership. The proposed parking lot expansion will be at the applicant’s expense and will accommodate 24 cars providing a new entrance for the parking lot off of the Dairy Queen parking lot. The closing of the existing parking lot entrance on Sullivan Avenue eliminates one curb cut providing for easier transition of traffic in the area. The main purpose of the parking lot is to serve the Donnelly Land Preserve as its northern entrance and, if needed, for overflow Dairy Queen parking. The Town Manager has agreed in principle to grant the applicants an easement for the gravel parking lot onto town land. The easement is large enough to expand the parking lot by ten additional cars if warranted by demand. The public private ownership could facilitate an area for picnic tables for the land preserve and the Dairy Queen. A 50’ stone dust path to that area to facilitate pedestrian use is proposed on the plan. Meetings have also been held with Ray Favreau, Director of Recreation, discussing possibilities for collaboration with the Camp Discovery program furthering the public private partnership. The existing 84 space parking lot will be milled, repaved and restriped. A waiver of 10 parking spaces is being requested. Landscape islands will be added to break up the expanse of pavement. There are two existing curb cuts on Sullivan Avenue to remain in place. The west curb cut will be an entrance only and the east curb cut an exit only which will be widened to accommodate left and right hand turn lanes. Traffic signage will be provided throughout the site. The existing dumpster pad will be reused with stockade fence screening. Storm drainage will be addressed with the existing catch basins and storm piping. A hydro dynamic separator after the last catch basin will be installed to provide water quality measures along with additional plantings.

Site signage will include the main identification pylon sign to be placed where the former Stowe sign existed. Prior granted sign variances were described. The internally lit pylon sign which is consistent with area sign heights will have the DQ corporate logo and the ‘Grill and Chill’ brand and a proposed digital read out message board to promote activities. Building signs will be less than the 85 sq ft total allowed. The existing site lighting is adequate and to remain in place. One additional light will be added for the parking area. ADRC gave the application a favorable review. A material board for proposed building materials was shown. The signature blue LED architectural accent lights were particularly well received by ADRC. The height of the towers over the main entrance matches the height of the main pylon sign. A walk in cooler unit will be located in the rear of the building and painted to match the building materials. The applicants have a goal of being built and open for business by spring.

Town Planner Lipe gave the following staff comments:
  • Request for site plan approval for re-use of the site as a Dairy Queen with a drive-thru at 845 Sullivan Ave., GC zone. The applicant is proposing to continue the use of the existing miniature golf with other outside activities to the rear of the site. They plan calls for a small addition as a part of Phase 2 which would include a 1300 sf room for parties/events
  • There are very minor site modifications being proposed including a few new islands in the parking area; establishment of an one-way pattern around the site; outside dining area in the front of the building to accommodate up to 48 seats and an addition of 1,300 square feet to be  added as a second phase and would accommodate party rooms.
  • Maximum impervious coverage allowed is 65%. The plan reflects impervious coverage of 18.3%.  All other bulk zoning requirements have been met.
  • Parking requirements for this restaurant use (including phase 2) is 66 spaces. We don’t have specific requirements for the mini golf and batting cages, so the applicant has estimated 18 spaces (totaling 84 spaces); 74 have been provided and the applicant is requesting a waiver of 10 spaces.
  • The applicant is also proposing to add a 24 space parking area on the Town’s open space land to the west.  This area would have a duo purpose – provide for overflow parking if needed and provide a maintained access and parking area for the open space area. This is being reviewed by the OSTF for their recommendation and will ultimately be in front of the Town Council for action.
  • The applicant appeared before ADRC on December 6 to review changes proposed for the renovation.  The committee was pleased with the proposal; however they did request the applicant consider adding more stone base around the perimeter of the building for maintenance over time.
  • The site is served by public water and sewer.  There is an existing well on the town’s property to the west which provides non-potable water to the miniature golf course.  The applicant is working with the town to secure an easement over that well. WPCA approval is not needed.
  • There are no regulated wetlands near the construction area, so administrative approval was able to be granted on the staff level and no IWA/CC review was needed.  The minimal impact permit was issued on December 11th with no unusual approval conditions.
  • There is a dumpster area shown on a concrete pad and screened.
  • If this project is approved, the Planning Dept. has request an approval condition requiring the applicant to return to the ADRC with architectural elevation for phase 2.
Town Engineer Jeff Doolittle gave the following staff comments:
  • The Town will need an easement over 845 Sullivan Ave. for access to the gravel parking lot on the Town owned land.
  • There should be a paved path from the end of the crosswalk across the parking lot to the gravel parking lot on the Town’s property.  This can be accomplished by widening the driveway to this lot or paving part of the island between the two.  
  • The draft sidewalk plan for the Town shows this area as a high priority for sidewalks.  Existing sidewalks are on the north side of Sullivan Avenue from Ayers Road to 850 Sullivan Avenue.  No sidewalks are proposed on the plan.  
Commissioner Wilson read an email from Roy Norman, ‘Exhibit A’, into record in opposition recommending the Town sell a portion of the land rather than give an easement.

Commissioner Marrero asked the Town Planner to confirm that there will be a traffic signal at the access drive to the adjacent site. Planner Lipe stated the traffic signal has been approved by the state and will be coming fairly soon. Commissioner Marrero stated Sullivan Avenue is a busy road and asked if there was opportunity for an access drive from this site to the adjacent site so that the future signal could be utilized. The planner stated the idea was originally discussed with the applicant, but this application does not meet the threshold for access management regulations so there are no zoning requirements requiring it. Lt Bond had reviewed the traffic impacts. Mr. Wheeler spoke specifically about Lt Bond’s comments which showed no objections. Commissioner Marrero continued traffic has increased on Sullivan since the time of the original DQ. The Commissioner also encouraged clear traffic control signage on site.

Commissioner Dexter asked if the digital informational portion of the proposed sign would be static or ticker tape or flashing. Mr. Wheeler stated zoning regulations do not allow flashing signage, but the sign could be changeable copy scrolling or one message changing five seconds later to the next message. The Commissioner asked if that type of signage complied with regulations. Planner Lipe asked if the signage would be changing every 20 minutes to which Mr. Wheeler replied it would more likely be four messages that come up every minute or so. Planner Lipe stated sign regulations do not allow for flashing or pulsating signs. Vice Chairman Pacekonis asked if the rounded driveway was in place specifically for the drive thru and asked how many cars could queue.  Mr. Wheeler replied the rounded drive existed for the drive thru which accommodates a 4 to 5 car queue. The Vice Chairman asked if handicap spaces would be available for the Donnelly property overflow parking lot. Mr. Wheeler stated there was none because it was a gravel surface but one handicap space was provided at the SW corner of the property near the mini golf building.
Pacekonis also asked about the height of the lights on the patio. Mr. Wheeler replied they would be on 12’ poles. The Vice Chairman noted lower poles bring insects lower to the ground which can impact outdoor dining and then asked about full light cut offs for the lights around the building. The Town Planner and Mr. Wheeler described accent lighting and full cut off patio lights. The Vice Chairman stated if there was to be an easement granted that it would be a cross easement where the Town or public would be allowed to come onto the site to use the parking lot for land preserve. Mr. Wheeler stated it would certainly be a provision. Pacekonis asked about the purpose of the fence at the north end of the proposed addition to the parking lot on town property. Mr. Wheeler stated there is an existing split rail fence they are proposing to relocate and reuse. The main purpose is to discourage traffic from exiting straight out to Sullivan Avenue and instead to exit through the Dairy Queen property. It also separates the parking lot area from a grade differential which drops off to a wet area. The Vice Chair suggested having the fence located away from any curbs to accommodate snow removal.

Commissioner Wagner asked about the decrease in the parking spaces and asked how a variance compared with a waiver. Chairman Kennedy explained. Vice Chairman Pacekonis inquired if a waiver is granted could reserve parking be added at a later time if there was a need for it and asked if the overflow lot was included in the calculations. Mr. Wheeler confirmed the overflow parking was not in the parking calculations. Commissioner Carroll asked about required parking spaces. Planner Lipe replied under zoning requirements 60 spaces are required for restaurant use and 66 will be required when the party room is added. Mr. Wheeler stated the main purpose for the overflow parking is to serve as the north entrance to Donnelly Land Preserve. Given the amount of existing parking on the site there is not much need anticipated for overflow use from the restaurant. Chairman Kennedy stated the Donnelly Preserve presently is not highly used. Mr. DeMallie stated the access trails on the preserve were created by the State of CT when they did drainage improvements. Commissioner Wagner asked if there would be any type of signage for the Donnelly Land Preserve. Mr. Wheeler stated there would be and it will be handled by the Town.

Vice Chairman Pacekonis made a motion to approve with the following conditions:
  • Prior to commencement of any site work, a meeting must be held with Town Staff.
  • No building permit will be issued until the final mylars have been filed in the Town Clerk's office.
  • This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission, including bonds in the amount of $1000.
  • A landscape bond in the amount of $1,000 is required and must be submitted prior to the issuance of a certificate of occupancy if work is not completed.
  • All bonds must be in one of the forms described in the enclosed Bond Policy.
  • An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 9.1.3 of the Zoning Regulations.
  • All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
  • This approval does not constitute approval of the sanitary sewer, which can only be granted by the Water Pollution Control Authority.
  • The building street number must be included on the final plan.
  • 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.
  • If a State Traffic Commission certificate is required, no building permits will be issued until the certificate has been issued (per CGS §14-311).
  • Engineering comments dated 12/7/12 must be incorporated into the plans.
  • Parking lot easement and right to access easement must be finalized with the Town Council and shown on the final plans.
  • The applicant shall return to the ADRC with architectural elevations before the start of construction of phase 2.
  • All easements and rights of access are to be finalized with the Town Council and reflected on the site plan.
  • A parking waiver of ten spaces has been granted.
Commissioner Wilson seconded the motion. Commissioner Butter asked to add in the modification to cut back the peninsula portion of the parking lot. Vice Chairman Pacekonis added a friendly amendment to add the modification stated for the record. The motion carried and the vote was unanimous.  

  • PZC Sponsored – request zoning amendment to modify Section  4.2.5 B and eliminate Section 4.2.6.V which currently prohibits grocery stores larger than 22,000 square feet
Commissioner Carroll asked why a cap would be put on grocery stores if the concern is with big box stores. Chairman Kennedy stated he was not overly concerned with ‘Walmarts’ because they do not work in the gateway zone.

Commissioner Butter made a motion to approve the amendment as proposed. Commissioner Marrero seconded the motion.

Discussion ensued. Vice Chairman Pacekonis stated the gateway zone is our special zone and is listed within the POCD for economic development. Supermarkets tend to create more traffic and he is not comfortable without a cap. Once something is allowed, it is hard to get rid of it. Commissioner Kuehnel agreed with the Vice Chairman. Commissioner Marrero noted the gateway has a good traffic infrastructure with more than enough capacity to handle the traffic. This is an opportunity to create a balance. He felt in the past the Commission had let opportunities go by the wayside and the controls are in place to shape what comes in.

The motion was called. Commissioners Butter, Marrero, Kennedy and Wilson voted in favor. Commissioners Pacekonis, Kuehnel and Carroll voted against. The motion carried four to three.

BONDS:  
Commissioner Carroll made a motion to reduce Appl. 11-5P, FedEx E&S $20,000 Bond by $15,000 to leave a balance of $5,000; Wetlands $25,000 Bond by $20,000 to leave a balance of $5,000 and Stormwater Structures $25,000 Bond by $25,000 to leave a balance of -0-.
Commissioner Kuehnel seconded the motion. The motion carried and the vote was unanimous.

MINUTES:  11/27/2012 adopted by consensus

OTHER BUSINESS:

Planner Lipe distributed a map from Heidi Samokar of Planimetrics proposing the town center area for preliminary discussion. Planner Lipe asked for a commitment for two consecutive meetings for the POCD draft to be held on 1/29/13 and 2/5/13.

CORRESPONDENCE / REPORTS:

ADJOURNMENT:
Vice Chairman Pacekonis made a motion to adjourn. Commissioner Carroll seconded the motion. The motion carried and the vote was unanimous. The meeting ended at 9:50 pm.

Respectfully Submitted,
Lauren L Zarambo