MEMBERS PRESENT: Patrick Kennedy, Elizabeth Kuehnel, Mario Marrero, Kevin Foley and Viney Wilson, Bart Pacekonis
ALTERNATES PRESENT: None
STAFF PRESENT: Michele Lipe, Town Planner
Jeff Doolittle, Town Engineer
APPLICATIONS TO BE OFFICIALLYRECEIVED:
Appl. 12-05P, CT Studios LLC - request for a General Plan of Development in accordance with Section 8.6.3 for a mixed use development to include a hotel, retail use, free standing restaurants, motion picture and television studio, production and post production facility, on a 40+ acre property, located at R011A and 245 Chapel Road, R008 and R008A John Fitch Boulevard, I-291 Corridor Development zone
PUBLIC HEARING/COUNCIL CHAMBERS
- 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
Karen Isherwood, Isherwood Civil Engineering presented the application as follows. This is an application for special exceptions to allow for one interior lot. The applicant proposes to leave the front lot as a traditional lot keeping the existing house. The site meets the 175 foot frontage requirement. There is a gazebo 18 feet from the proposed property line and it will be moved. The interior lot will have a 25 ft access way from the road. The applicant is proposing an 18 ft wide driveway. A turn around to accommodate the Towns fire apparatus is proposed. The house will be served by private well and public sewer. An easement on the northerly side is proposed and the property will be tied into an exiting sewer lateral and will be able to serve both houses in the future. The
applicant proposes to plant 8 emerald green arborvitae along the rear of the front property to provide screening for the rear lot.
Lipe 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 5+ acres on property located at 225 Lawrence Road, RR zone. There is an existing house on this property, which will remain on a 41,000 sf conventional lot.
The requirements for the interior lot in the RR zone include 80,000 sf minimum lot size and 262.5 feet minimum lot width. The proposed interior lot appears to conform to these requirements. The existing lot would retain 175 feet of frontage, 175 feet required.
The new lot would have approx. 25 feet of frontage and the applicant proposes a shared driveway at the road that will split and provide access to each lot.
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 proposed lot is an open lot with primarily evergreen trees around the perimeter. The plan indicates that the existing tree line on site today would remain.
There are 8 arborvitaes, 3 feet at planting proposed between the existing house and proposed house.
The interior lots will be serviced by a private well and public sewers. WPCA approval is required. It appears that other zoning requirements have been met.
The Fire Marshal has reviewed this lot and has no concerns with the driveway layout.
There are no activities proposed near the regulated wetlands on the new lot, therefore no wetlands application is required. There is no 100-year floodplain.
This property is within 500 feet of another town and we were required to submit notice of this application to CRCOG as well as the Town of Ellington.
Read CRCOG notice………..
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.
If this application is approved, there are no other Planning Dept. modifications requested.
Jeff Doolittle, Town Engineer, had the following comment: the driveway should have a 20 ft paved apron coming in from the street.
Public participation was as follows.
Kevin Reilly, 215 Lawrence Road wanted to make sure the existing home will be 2 separate lots. He resides on the south of the property line.
Commissioners had questions as follows:
- Commissioners questioned if the drive way had adequate site line.
The existing driveway access will be used since it will be a shared driveway and it has a minimum of 18 ft. in order to allow access to the rear lot.
- Commissioners asked the applicant if it was the intent to keep the evergreen buffer adjacent to the side neighbor
Mr. Kochanski talked to Town staff and has cleared some trees already. His intention was to keep the existing buffer as is on the site today. Some additional clearing will be done to provide the driveway turnaround.
- Commissioners asked if the driveway would be paved since it was not specified in the plans
It is not specified in the plans at this time since someone could purchase the property later and decide not to pave the driveway. This is an option available under the current regulations.
Public hearing closed 7:45 PM
- Appl. 12-02P, Mitchell Professional Building – request for a special exception to Section 5.3 (Office Conversion Overlay) and site plan of development for conversion of existing residence into professional offices, for property located at 1199 Sullivan Ave., A-20 zone
Marianne Lassman Fisher, Attorney presented the application as follows. The site is located at 1199 Sullivan Avenue where Mitchell fuel is currently located and no changes are proposed for the existing building in which Mitchell Fuel operates.
The applicant is seeking approval of an office conversion overlay and site plan to establish a professional office. The building will be used as an attorney’s office which complies with the regulations for office conversion overlay. The property is currently serviced by a well and septic system and will have access via front and back doors only. A buffer is proposed of trees along the frontage and along the rear. The applicant is proposing 7 parking spaces and 1 handicap accessible space. The current well on the property will be abandoned at this site and the applicant in tends to hook in to public water. A sidewalk will be constructed to lead to the north side of the building. Connecticut water Co. has approved a connection at the site; the plans have not been updated to reflect that
approval. No objections to the plan from any of the neighbors notified.
Lipe had a planning report as follows.
Request for a Special Exception to section 5.3, Office Conversion Overlay, and site plan approval for the conversion of the first floor an existing home to professional offices at 1199 Sullivan Ave, A-20 zone. The applicant intends to use the offices as a law office.
The Office Conversion Overlay regulation was enacted for the purpose of allowing conversions of existing structures in the underlying residential zones to professional offices and to facilitate the preservation of historic structures, where deemed appropriate by the Planning and Zoning Commission, taking into consideration such factors as proximity to commercial uses or zones, traffic volumes, amount of commercial traffic, and the suitability of the land for office conversion.
Such uses will be allowed only when the Commission has determined that:
traffic impacts will not be detrimental to the residential character of the neighborhood;
there will be minimal adverse effects on existing residential uses in the area;
surrounding property values will be conserved and the character of the neighborhood will not be unduly disrupted;
impacts will not be detrimental to the capacity of present and proposed utilities, streets, drainage systems, sidewalks, and other infrastructure;
the land is physically suited to the proposed use and minimal adverse environmental impacts are created; and
due consideration to preservation of historic factors has been demonstrated.
3. The specific criteria for office conversions include:
The building shall have been constructed at least 50 years prior to the date of application for approval, or 1962.
The lot has an area of not less than 30,000 square feet.
The lot has frontage of not less than 150 feet.
An adequate line of sight entering and exiting the site is provided based on Connecticut Department of Transportation standards.
Side and rear yards shall contain landscaped buffers of ten feet in width. The buffer provisions of Sections 6.2.4 of these Regulations shall not apply.
Any addition to the structure shall not be greater than 100% of the floor area of the existing first floor.
Uses shall be restricted to professional offices; generally types of offices that operate during “typical” office hours Monday through Friday. Examples of professional offices include lawyers, architects, doctors/dentists, accountants, and engineers.
Maximum impervious coverage shall be 40%.
Wherever existing structures on the lot have historic or architecturally redeeming features, efforts shall be made to preserve and/or enhance those features; and
Only the first floor may be used for office use. Floors above the office use shall continue in residential use.
The site changes proposed include the narrowing of the entrance drive, the addition of a parking lot to accommodate the 7 spaces required and walkways to accommodate handicap accessibility.
Maximum impervious coverage allowed is 40%. Impervious coverage is existing non-conforming at 44%. With this proposal, they will be reducing it slightly to 43.8%. The house was constructed in 1830. Existing lot size is 67,163; minimum lot size allowed is 30,000 sf. Frontage is 200 feet; minimum allowed is 150 feet.
There is a requirement for a 10-foot landscape buffer strip along the property boundary. The applicant is proposing to add 10 junipers along the northerly boundary and 7 eastern white pine along the rear.
There is currently a free-standing sign on the property. A building sing would be permitted. A sign variance would be required if the applicant intends to put a free standing sign.
There are no regulated wetlands and the applicant is disturbing less than 20,000 sf; therefore no IWA/CC approval was required.
The existing house is serviced by septic and private well. The applicant is proposing to hook into public water.
There is no new dumpster shown; the applicant has indicated that they will be using the existing dumpster on site.
If this application is approved, the planning department has no modifications to request.
There were no engineering comments.
The public hearing for this item was closed at 7:55 PM.
REGULAR MEETING-MADDEN ROOM
CALL TO ORDER:
PUBLIC PARTICIPATON:
None
NEW BUSINESS:
- 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
Pacekonis 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 a private well
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 February 14, 2012 must be incorporated into the plans.
The new house must be located as shown on the approved site plan since this is a Special Exception use. 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.
Kuehnel seconded the motion. The motion carried and the vote was unanimous.
- Appl. 12-02P, Mitchell Professional Building – request for a special exception to Section 5.3 (Office Conversion Overlay) and site plan of development for conversion of existing residence into professional offices, for property located at 1199 Sullivan Ave., A-20 zone
Pacekonis made a motion to approve the above mentioned 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.
An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 9.1.2 of the Zoning Regulations.
Footing drains are required if the building has a basement.
A landscape bond in the amount of $1,000 is required and must be submitted prior to certificate of occupancy if not completed.
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.
If a State Traffic Commission certificate is required, no building permits will be issued until the certificate has been issued (per CGS §14-311).
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.
The water hook up should be reflected on the final plans.
Kuehnel seconded the motion. The motion carried and the vote was unanimous.
- Appl. 11-40P, Nutmeg Village – Request for a zone change of 49.5+ acres from industrial zone (I) to Multi-family AA zone (MF-AA) and zone change .32 acres of industrial zone (I) to Residential A-20 zone (A-20) and general plan of development to create a 155 unit multi-family complex, on properties identified as R003 Nutmeg Road, L023 Pleasant Valley Road, 388 Pleasant Valley Road and a portion of 438 Pleasant Valley Road, located on the northerly side of Pleasant Valley Road, southerly of South Satellite Road and easterly of Nutmeg Road South
Commissioners agreed that the zone change approval criteria were met by the applicant however some concerns about the traffic impact to Route 5 and Pleasant Valley Road were expressed.
Commissioner Kennedy mentioned that any development on Route 5 is usually reviewed by the State Traffic Commission. Any changes to the driveways or roadways or adding of lanes can be addressed during the site plan stage.
The Town Engineer mentioned that in the past the State Traffic Commission has requested improvements to town roads even though it was a private development. For example, Evergreen Walk was required to make improvements to Buckland Road which is a town road.
Commissioner Kennedy reported the result of the petition from the abutting neighbors that were submitted at the last hearing. The petition results showed that 13.2% of the land owner’s within 500 ft of the proposed zone change area has signed the petition. This fails to meet the 20% threshold needed to require a super majority vote of the PZC to approve the change.
Commissioners requested that the emergency access road to Nutmeg Road as well as the interior amenities that were promised by the applicant be incorporated into the final plans and presented with the site plan.
Lipe responded that the access road will be addressed. The amenities and interior of the building will be addressed at the site plan stage by the applicant.
Commissioner Pacekonis reviewed the tapes of the hearing and felt qualified to vote at this meeting. He requested clarification as to why the active recreation was removed form the updated plans.
Lipe responded this application was modified to include a clubhouse with a small open space area in lieu of providing other areas as open space.
Commissioners asked about the pump station on the plans and how it would operate if there was a power outage in the future.
Doolittle responded that the pump station would require a back up generator and this would be reviewed in more detail during the site plan stage of the application.
Kuehnel made a motion to approve the above mentioned application with the following conditions.
- Special Exception and Site Plan of Development approval are required prior to construction, in accordance with Section 8.4 and 8.5 of the zoning regulations. If a State Traffic Commission certificate is required, no building permits will be issued until the certificate has been issued (per CGS §14-311).
- The site plan application is subject to the approval of the Inland Wetlands Agency/Conservation Commission and the WPCA.
- The Commission notes that this approval is for a General Plan of Development, which does not address all engineering and site design details. The applicant must submit an application for a Special Exception and site plan of development approval, at which time the Commission will review all specific details of the project, including but not limited to the following concerns raised during the Zone Change/General Plan application process:
Potential effect on drainage on nearby properties;
Emergency access from the development shall be provided on the site plan.
- Town Engineer’s review comments dated January 17, 2012, must be incorporated into the site final plans.
- The buffer plantings must be increased to more effectively screen the development.
- If the development is to be phased, phase lines should be included on the Site Plan of Development.
Within 90 days, a black and white mylar zone change map at a scale of 1” = 40’, with a Class A-2 certification, showing the distance and bearings of all boundary lines and acreage of the property where the zone change was granted, with this approval letter reproduced thereon, must be submitted. Black and white mylars of sheet # CP01 of the General Plan must also be filed.
After the mylars have been endorsed by the Commission, they will be returned to you for filing in the office of the Town Clerk. Three blueprint copies of the entire set of plans, including architectural elevations and landscape plans, must also be submitted as complete sets.
The Commission stated they found this zone change to be in compliance with the Town‘s Plan of Conservation and Development.
Pacekonis seconded the motion. The motion carried and the vote was unanimous.
BONDS:
None
MINUTES: 1/10/12, 1/17/12 & 1/24/12
The above mentioned minutes were adopted by consensus with minor corrections.
OTHER BUSINESS:
CORRESPONDENCE/REPORTS:
None
ADJOURNMENT:
Commissioner Pacekonis made a motion to adjourn the meeting at 8:20 PM. Commissioner Wilson seconded the motion. The motion carried and the vote was unanimous.
Respectfully Submitted:
Maria Acevedo
Recording Secretary
| 
