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PZC Minutes 01-10-2012

MEMBERS PRESENT:        Patrick Kennedy, Bart Pacekonis, Elizabeth Kuehnel, Viney Wilson Mario Marrero, Kevin Foley
ALTERNATES PRESENT:  Frank Bonzani sat for Bill Carroll
STAFF PRESENT:          Michele Lipe, Town Planner
                                Jeff Doolittle, Town Engineer

APPLICATIONS TO BE OFFICIALLY RECEIVED:
Appl. 12-01P, Kochanski Subdivision and Interior Lot – request for a subdivision, special exception to Section 3.2.2 of the zoning regulations and site plan approval for a 2 lot subdivision (including one interior lot) of 5.8+/-acres for property located on the westerly side of Lawrence Road, southerly of the Ellington town line (225 Lawrence Road), RR zone
REGULAR MEETING-MADDEN ROOM
CALL TO ORDER:
PUBLIC PARTICIPATON:
None
NEW BUSINESS:

1.      Appl. 11-38P, Buckland Commons LLC – request for site plan approval for two commercial buildings, 2,000 sf bank and 17,232 sf office/retail building,  on property located at 350 Buckland Road, Buckland Road Gateway Development zone(Cont. from 12-13-11)

Peter DeMallie, Principal of Design Professionals Inc. reviewed the updates for the Buckland Commons application.  He also indicated there are several people who have an interest in this development who are property owners and as well as public officials who will be speaking for the record. The site changes are as follows.   Town staff has requested that the applicant widen the driveway behind the commercial building and the revised site plan reflects that.  The sewer will be moved closer to Buckland Road and is still being discussed with WPCA and the Town Engineer.  The applicant had a meeting with Lt. Bond and agreed to move the driveway as far away from the Deming Street entrance as possible for safe stopping distances.  The applicant went over some examples of driveways that allow right out and left in.  The village at Buckland Court is an example of a full access driveway and it is similar to the movements that the applicant is requesting for this application.  One difference is that the Buckland Court driveway has a higher vehicle frequency.  The Town Hall driveway has a similar entrance driveway as what the applicant is requesting.  Regarding infrastructure, the town will do the painting and striping of the crosswalk but the ramps will be done by the applicant and the Kelly family will contribute $7,500 dollars towards the project.  Buckland Commons LLC will be responsible for the handicap ramp going toward Buckland Road and the sidewalk along Buckland Road.  The applicant will create an access road that is 650 feet long and is required by the regulations and it is incorporated into the design of the project.  The applicant is providing sanitary sewer service to cover the offices and bank. To extend the sewer beyond Buckland Commons would be an additional 300 feet towards the Messiah Lutheran property and the additional const would be $ 40,000 dollars and is still being discussed with the Town.  The State Archeologist reviewed the State records and responded with a letter stating that there are no archeological findings on the property.

With respect to the parking waiver being requested, there is ample room for delivery trucks to get through behind the building as well as accommodate parking for seven more cars and the applicant would not need the parking waiver.  However, it is not the applicant’s intent to stripe those spaces.

The applicant’s request for a left turn into the site would be a temporary situation until the adjoining properties get developed and then they would no longer need that entrance.  

There was public participation in favor and against the application as follows.

Arturo Guerra, 45 Petersen Way, is the owner of the property across from LA Fitness and has owned the land for 17 years and would like to see that side of Buckland developed so that it would bring more people to the Evergreen Walk shops.  

Pastor Timothy Ellers from Messiah Lutheran Church, Buckland Road spoke in favor of the Buckland Commons application.  The church would like to relocate and cannot afford the extra cost related to the improvements to the sewer.  If Buckland Commons is approved it would be a benefit to the church since the sewer would be closer and a two way access drive would make the church property more marketable.  

John O’Enderle, 31 Andreis Trail spoke in favor of the Buckland Commons application. That side of Buckland needs to be developed to create tax dollars for the Town.  Also, this will help the church to be able to sell the property.  

Joe Carino, 2545 Ellington Road, spoke in favor of the Buckland Commons application.  Mr. Carino likes the proposed design and agrees that the east side of Buckland Road needs to be developed.  He stated that once the other properties are developed the driveway should be eliminated.  

Sue Burham, 31 Sandstone Drive, is in favor of the Buckland Commons project is good for the community and especially because the applicant would be bringing the sewer up Buckland Road.  

Edwina Futtner, resident supports the project because it would increase the tax base.

Peter DeMallie mentioned that the project would generate roughly 3 million dollars in tax revenue.

Matthew Galligan, Town Manager/ Economic Development Coordinator discussed the positive aspects of the application.  Mr. Galligan supports the Buckland Commons project, and with the sewer being brought south on Buckland Road, it is going to help develop the easterly side of Buckland Road.  

Lipe mentioned that IWA/CC approved the Buckland Commons application and required a $30,000 bond for installation of storm water system, a $10,000 bond for erosion and sedimentation controls and a $20,000 bond for wetlands mitigation.  

Doolittle mentioned that there were no significant engineering updates.  Most of the comments have been addressed by the applicant.  There is still the issue of the access drive on Buckland Road for the Commission to consider.  The sewer main showing an extension to the south still needs to be worked out with the Town specifically as it relate to the location of the sidewalk and decorative wall.  A crosswalk should cross Buckland Road, the Town will be looking at that signal as part of a larger sidewalk project and the signal will need an upgrade. Town Staff felt that it would be better to incorporate the crosswalk and signal for this project with the other Town sidewalk project; this is why the agreement was made with the applicant for the $7,500 dollar contribution towards these improvements.

Kennedy appointed Commissioner Bonzani to sit for Commissioner Carroll.

Vicky Margiott, 33 Sele Drive requested that the PZC deny the driveway and parking lot for Buckland Commons’ application.  The applicant has already been granted concession through ZBA.  This application does not meet the gateway development zone regulations.  The set backs for 65 ft in the zoning regulations are not being followed.  The historic structures on the property were removed from the property and not preserved.  The access management regulations are not being followed by this project and could pose a safety hazard with traffic.  The design of the parking is not pedestrian friendly as required by the regulations.   The resident is concerned with the outdoor storage of garbage and its visibility from Buckland Road.  

Linda Zajac representing resident of 247 Deming Street, was opposed to the Buckland Commons application her concerns centered on loss of agricultural land, increase traffic flow, environmental impacts, and the magnitude of the project in relation to the size of the land.  

Commissioners had comments and concerns as follows.

•       Commissioners had concerns with the left turn in to the site from Buckland that the applicant is requesting
•       Some commissioners were in favor of the application only if the Buckland driveway was temporary and then would be removed after the other properties were developed.

Pacekonis made a motion to approve Appl. 11-38P, Buckland Commons LLC with the following modifications.
1.      Prior to commencement of any site work, a meeting must be held with Town Staff.
2.      No building permit will be issued until the final mylars have been filed in the Town Clerk's office.
3.      This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission, including bonds in the amount of $30,000 for installation of stormwater system, $10,000 to ensure proper placement and maintenance of erosion and sediment controls and $20,000 for wetland mitigation and required  to be posted prior the filing of mylars.
4.      A landscape bond in the amount of $ 7,000 is required and must be submitted prior to the certificate of occupancy.
5.      All bonds must be in one of the forms described in the enclosed Bond Policies.
6.      An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.11 of the Zoning Regulations.
7.      All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
8.      This approval does not constitute approval of the sanitary sewer, which can only be granted by the Water Pollution Control Authority.
9.      The building street number must be included on the final plan.
10.     Pavement markings must be maintained in good condition throughout the site drives and parking areas.
11.     All free standing signs and/or building signs require the issuance of a sign permit before they are erected.
12.     If a State Traffic Commission certificate is required, no building permits will be issued until the certificate has been issued (per CGS §14-311).
13.     In accordance with Section 6.4.9, Modification of Minimum Required Parking Spaces, a waiver of 7 parking spaces has been granted.
14.     In accordance with Section 5.5.4.I, Modification to Requirements, a waiver to section 5.5.4.G Access on Alternative Frontages, has been granted to allow a second access, along the Buckland Road frontage, to allow for right in/right out movements subject to the following:
•       An easement allowing cross access to and from the adjacent property on Buckland Road to the south must be shown granting irrevocable permission to enter upon and perform all activities needed to construct the driveway, on both properties on which the driveway will be constructed.
•       At such time as a site plan is approved for the property to the immediate south, an interconnection shall be constructed in the area shown on the subject site plan OR as agreed by the two property owners and further approved by the Planning and Zoning Commission.  Failure to construct the site interconnection shall be construed as a zoning violation and shall be pursued via the remedies available to the Town of zoning violations.

•       Also, in accordance with the provisions of Section 5.5.4E, the applicant shall record on the land records an agreement that remaining access rights along Buckland Road will be dedicated to the Town and that the temporary curb cut will be closed after the joint-use driveway is constructed and access is provided to the light to the south.

15.     Engineering comments dated 12/6/11 must be incorporated into the plans.
16.     In lieu of installing a crosswalk and associated improvements for pedestrian crossing of Buckland Road, the developer is required to submit $7,500 to contribute towards the Town’s installation of these improvements.
17.     Concrete ramps shall be provided to cross both Deming Street and Buckland Road.
18.     Sewers are required to be extended south to the property line.
Wilson seconded the motion.  Marrero amended the motion to include the following:

19.     A sign shall be installed on the westerly side of Buckland Road across from the entrance drive prohibiting left hand turns into the site.
Kennedy seconded the amendment to the motion. The motion carried and the vote was unanimous.  The motion as amended carried and it was unanimous.  

2.      Meeting with Heidi Samokar, from Planimetrics to review the following related to the Plan of Conservation and Development update:

1.      Present “Condition and Trends”-PowerPoint presentation
2.      Discuss the findings in Booklet 2-Summary of Issues
3.      Discuss the upcoming Board and Commission Meeting

Heidi Samokar suggested that the commission decide if they want to continue with the above mentioned item or reschedule it for a later date.  

Commissioners decided by consensus to reschedule the item to January 17 as a special meeting and agreed to move the meeting up to 7 PM.  


BONDS:
Wilson made a motion to reduce the $79,000 bond for Appl. 99-57P, Forest Village by $49,000 leaving a balance of $30,000. Pacekonis seconded the motion.  The motion carried and the vote was unanimous.  

MINUTES:  12-13-11
The above mentioned minutes were approved by consensus.
OTHER BUSINESS:

CORRESPONDENCE/REPORTS:
None
ADJOURNMENT:
Commissioner Pacekonis made a motion to adjourn at 9:00 PM. Commissioner Carroll seconded the motion.
The motion carried and the vote was unanimous.  

Respectfully Submitted:


Maria Acevedo
Recording Secretary