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PZC Minutes 04-10-2012
TOWN OF SOUTH WINDSOR                              
PLANNING & ZONING COMMISSION
MINUTES

TUESDAY, APRIL 10, 2012, 7:30 PM
PUBLIC HEARING / COUNCIL CHAMBERS
REGULAR MEETING / MADDEN ROOM

MEMBERS PRESENT:  Patrick Kennedy, William Carroll, Kevin Foley, Elizabeth Kuehnel, Viney Wilson, Mario Marrero, and Bart Pacekonis
ALTERNATES PRESENT:  Stephanie Dexter
STAFF PRESENT:  Michele Lipe, Town Planner

APPLICATIONS TO BE OFFICIALLY RECEIVED:
  • Appl 12-18P, Scott Kelley – request for a 2-lot minor subdivision of 1.5 acres to be known as “Colby’s Corner”, on property located on the northwest corner of Slater Street and Deming Street, AA-30 zone.
PUBLIC HEARING / COUNCIL CHAMBERS
Chairman Kennedy called the meeting to order at 7:30 PM.  The secretary read the legal notice as it was published in the Journal Inquirer on Thursday, March 29, 2012 and Thursday, April 5, 2012.

1.  Appl. 12-12P, J.E. Shepard Company– request for a 2 year temporary and conditional permit (Section 2.13.a) to allow a two-family house on property located at 2019 John Fitch Boulevard, I zone

Tim Shepard, 45 Newberry Road, presented the application.  The applicant would like to continue to use the apartments.
Planner Lipe read the following Planning Report: Request for renewal of a temporary and conditional permit for an apartment in the existing house at 2019 John Fitch Boulevard, I zone. There is also an existing industrial building on the site that is currently being used by an electrical contractor. The applicant applied to the ZBA in October 2005 to make this into a permanent two family house, however, the applicant was denied a variance as the Board did not think there was any hardship demonstrated. The applicant then applied to this commission for a T & C permit, which was granted in April 2006 and renewed in 2008 and 2010.The wording of the T & C permit regulation is that, “Temporary and conditional permits may be granted by the Commission for a period not to exceed two years. Such approval may be given after a Public Hearing if, in the judgment of the Commission, the public convenience and welfare will be substantially served, and the appropriate use of neighboring property will not be substantially or permanently injured, and traffic and other hazards will not result from such use.” If this application is approved, the Planning Department has no modifications to request.
The public hearing closed at 7:35 PM.

2.  Appl. 12-13P, J.E. Shepard Company– request for renewal of a 2 year temporary and conditional permit (Section 2.13.a) to allow a modular office at   185 Governor’s Highway, I zone

Tim Shepard presented the application.  The building is used by a fuel cell company.  It will be temporary unless there is a problem.
Planner Lipe read the following Planning Report for the request for renewal of a temporary and conditional permit for a modular office at 185 Governor’s Highway, I zone. That temporary and conditional permit was originally granted in 1991.  The office area is approximately 880 sq ft. (40’ x 22’) and it is located slightly outside the building line along Governor’s Highway.  The applicant has provided a site layout and pictures of the office. The wording of the T & C permit regulation is that, “Temporary and conditional permits may be granted by the Commission for a period not to exceed 2 years. Such approval may be given after a public hearing if, in the judgment of the Commission, the public convenience and welfare will be substantially served, and the appropriate use of neighboring property will not be substantially or permanently injured, and traffic and other hazards will not result from such use.”If this application is approved, the Planning Department has no modifications to request.
The public hearing closed at 7:40 PM.

3.  Appl. 12-14P, J.E. Shepard Company– request for renewal of a 2 year temporary and conditional permit (Section 2.13.a) to allow two apartments, known as Home Farm Apartments, on property located at 176 Windsorville Road, RR zone

Tim Shepard presented the application.  The building was originally horse barn and turned into boarding house in the 1940s.  It then became a woodworking business, then the Town’s Teen Center, and now it is used as apartments.  
Planner Lipe read the following Planning Report: Request for renewal of a temporary & conditional permit for two apartments located at 176 Windsorville Road, RR zone.  The original approval was granted in January 1993. The building was constructed in 1911, and the subject building had been used for a variety of nonconforming uses in the past, including a boarding house, teen center, manufacturing and apartment, and studio.The wording of the T & C permit regulation is that, “Temporary and conditional permits may be granted by the Commission for a period not to exceed two years. Such approval may be given after a Public Hearing if, in the judgment of the Commission, the public convenience and welfare will be substantially served, and the appropriate use of neighboring property will not be substantially or permanently injured, and traffic and other hazards will not result from such use.” The RR zone does allow for accessory apartments; however there is no provision for multiple apartments in separate buildings on a site. This property is served by wells. The Environmental Health Officer has been in contact with the owner regarding the testing of the well on an annual basis.  He has complied and the results have been submitted to the health department. If this application is approved, the Planning Department has no modifications to request.
The public hearing closed at 7:43 PM.

4.  Appl. 12-15P, J.E. Shepard Company– request for renewal of a 2 year temporary and conditional permit (Section 2.13.a) to allow an office for the “Inspiration House Publishers” at 1865 Main Street, A-40 zone

Tim Shepard presented the application.  There is no walk-in activity, and two cars at the most are on the property at one time.  The building also houses the East Windsor Hill Post Office.  There is an apartment in the back of the building.
Planner Lipe read the following Planning Report: Request for renewal of a temporary and conditional permit that had originally been granted by the ZBA in 1974 for an office for Inspiration House Publishers in the existing Post Office building at 1865 Main Street, A-40 zone. This property is owned by the applicant and currently houses the East Windsor Hill Post Office as well as an apartment.  The applicant has used this location in the past for Inspiration House as well as for the Giving Tree (a card, gift and book shop) approved through a ZBA temporary and conditional permit.  The current use is the inventorying of the cards and books of the “Inspiration House Publishers.”  There are no retail sales and all shipments are made directly from the East Windsor Hill Post Office. The applicant’s description indicates that the level of activity is approximately 4 hours a week and would entail the owner’s car being parked in the East Windsor Post Office parking area.The wording of the T & C permit regulation is that, “Temporary and conditional permits may be granted by the Commission for a period not to exceed two years.  Such approval may be given after a Public Hearing if, in the judgment of the Commission, the public convenience and welfare will be substantially served, and the appropriate use of neighboring property will not be substantially or permanently injured, and traffic and other hazards will not result from such use.”If this application is approved, the Planning Department has no modifications to request.  
The public hearing closed at 7:48 PM.

        5.  Appl. 12-16P, Wapping Fair, —request for renewal of a five (5) year permit period commencing in 2012 to hold the annual Wapping Fair on property known as Evergreen Walk, located on the west side of Buckland Road, west of LA Fitness, Buckland Gateway Development zone

Paul Petrillo presented the application.  This is the sixth year that the Wapping Fair has been at this location.  There will be no fireworks because they are hard to get above the treeline.  Other attractions have been substituted.  If the area where the fair is held gets developed, John Finguerra, the owner of Evergreen Walk has indicated that there are other properties that may be able to be used.  
Planner Lipe read the following Planning Report: Request for renewal of Wapping Fair’s 5-year permit, previously granted in 2007, for the fair that runs for 4 days each September (Thursday – Sunday after Labor Day each year).  The location of the fair changed five years ago and will continue to be held on the property of Evergreen Walk LLC behind the LA Fitness facility. The proposed permit conditions include safeguards as set out in an agreement between Evergreen Walk LLC.  You have received a draft copy of the “Obligations, Rules and Restriction” document, along with the Wapping Fair’s proposal and a copy of the last approval letter. One change over the last couple of years has been the elimination of fireworks.  They have also worked out new parking arrangements with ECHN. We would note that the license agreement includes provisions related to required liability policies, workmen compensation policies and includes the requirements for an $8,000 bond to ensure restoration of Evergreen Walk property to its pre-fair condition. This approval is subject to: An executed agreement with the property owner; an agreement with the Police Services as to how the property will be policed; and a statement that Jaycees working on site will be easily identifiable. If this application is approved, the planning department has no additional modifications to request.
The public hearing closed at 7:53 PM.

6.  Appl. 12-17P, Simmons Premier Soccer Club - request for a renewal of a 2 year temporary and conditional permit (Section 2.13.a) to create two soccer fields and associated parking, at 225 West Road (southwesterly corner of West Road and Sullivan Ave.), GC zone

There was no representative for the application.  The application will be added on the 4/14/12 agenda for a public hearing meeting.


REGULAR MEETING / MADDEN ROOM

CALL TO ORDER: 7:58 PM

PUBLIC PARTICIPATION:  None

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

  • CGS 8-24 Referrals for the following road/drainage projects: 1) Rye Street Drainage by the East Windsor Town line; 2) Long Hill Drainage; 3) Foster Street Drainage near Saginaw Road; 4) Foster Street and Miller Road Intersection Drainage; 5) Strong Road Drainage and Reconstruction from Route 5 to east of Nutmeg Road; 6) Slater Street base rehabilitation between Oakland Road and Deming Street
Joe Perna, Town of South Windsor Engineering Department, presented the information for the referrals.  Most of the referrals are drainage projects with some road improvements as well. He handed out a map and summary of the projects (see Exhibit A).
Commissioners had questions.  They were concerned about the truck traffic on Route 5 taking a toll on Strong Road.  Perna said that the road will be kept fairly flat, and there will be full depth reconstruction.  Commissioners asked about Slater Street between Deming Street and Oakland Road.  Perna said the road is falling apart, so most of the road will be repaired.
Commissioner Wilson made a motion to send a favorable recommendation to the Town Council for the CGS 8-24 referrals.  Carroll seconded the motion.  The motion carried and the vote was unanimous.

  • Appl 12-12P, J.E. Shepard Company– request for a 2 year temporary and conditional permit (Section 2.13.a) to allow a two-family house on property located at 2019 John Fitch Boulevard, I zone
Commissioner Pacekonis made a motion to approve the application with the following condition: The permit is for a two-year renewal and will expire on April 10, 2014.  If this use is to continue beyond this date, a renewal is required.  Wilson seconded the motion.  The motion carried and the vote was unanimous.

  • Appl 12-13P, J.E. Shepard Company– request for renewal of a 2 year temporary and conditional permit (Section 2.13.a) to allow a modular office at 185 Governor’s Highway, I zone
Commissioner Carroll made a motion to approve the application with the following condition:  The permit is for a two-year renewal and will expire on April 10, 2014.  If this use is to continue beyond this date, a renewal is required. Kuenhel seconded the motion.  The motion carried and the vote was unanimous.

  • Appl 12-14P, J.E. Shepard Company– request for renewal of a 2 year temporary and conditional permit (Section 2.13.a) to allow two apartments, known as Home Farm Apartments, on property located at 176 Windsorville Road, RR zone
Commissioner Wilson made a motion to approve the application with the following conditions: 1) The applicant must test the well water annually and provide the results to the Town’s Environmental Health Officer. 2) The permit is for a two-year renewal and will expire on April 10, 2014.  If this use is to continue beyond this date, a renewal is required. Kuenhel seconded the motion.  The motion carried and the vote was unanimous.

  • Appl 12-15P, J.E. Shepard Company– request for renewal of a 2 year temporary and conditional permit (Section 2.13.a) to allow an office for the “Inspiration House Publishers” at 1865 Main Street, A-40 zone
Kuenhel made a motion to approve the application with the following condition: The permit is for a two-year renewal and will expire on April 10, 2014.  If this use is to continue beyond this date, a renewal is required. Wilson seconded the motion.  The motion carried and the vote was unanimous.

  • Appl 12-16P, Wapping Fair, —request for renewal of a five (5) year permit period commencing in 2012 to hold the annual Wapping Fair on property known as Evergreen Walk, located on the west side of Buckland Road, west of LA Fitness, Buckland Gateway Development zone
Carroll made a motion to approve the application with the following conditions:
1) Acknowledge this is private property; notwithstanding any requirements set forth in this letter, all activities and site modifications require the property owner’s approval.
2) Police Services shall be the responsibility of Jaycees as agreed to by the South Windsor Police Services at the annual pre-fair meeting.
3) Parking & “No Parking” to be coordinated with property owners & SWPD. No parking along Evergreen Way, Tamarack, Hemlock, Cedar.
4) All parking areas shall be clearly marked.
5) A minimum of nine portable sanitary facilities shall be provided.
6) Adequate trash receptacles & removal.
7) A list of Jaycees Wapping Fair Committee contacts and phone numbers shall be provided to the Town.  A reciprocal list of critical Town contacts will be provided to the Jaycees Wapping Fair Committee.
8) The Jaycees Fair staff shall be readily identifiable as such while working the fairgrounds.
9) The Jaycees must contact the Planning Department each spring advising us of the dates for that year and any changes there may be from the original approval granted with staff ability to review.
Wilson seconded the motion.  The motion carried and the vote was unanimous.

7.   Appl 12-01P, Kochanski Interior Lot – Request for 2 (two) 90-day extensions to file mylars in the office of the Town Clerk

Commissioner Marrero made a motion to approve the application with conditions.  Wilson seconded the motion.  The motion carried and the vote was unanimous.

BONDS: None
        MINUTES:  The minutes of 3/27/12 were approved by consensus.
        OLD BUSINESS: None
OTHER BUSINESS:  The special meeting on 4/17/12 will be in the Sprenkel Room.  Lipe gave a handout of suggestions for consideration in the Town Center area.  
CORRESPONDENCE/REPORTS: None
        ADJOURNMENT:
Commissioner Pacekonis made a motion to adjourn the meeting at 8:15 PM.  Carroll seconded the motion.  The motion carried and the vote was unanimous.  

Respectfully Submitted,
Ashley Summers
Administrative Secretary