MEMBERS PRESENT: Patrick Kennedy, Bart Pacekonis, William Carroll, Viney Wilson, Kevin Foley, Mario Marrero, Elizabeth Kuehnel
ALTERNATES PRESENT: Stephanie Dexter, William Butter
STAFF PRESENT: Michele Lipe, Town Planner; Jeffrey Doolittle, Town Engineer; Lauren Zarambo, Recording Secretary
APPLICATIONS TO BE OFFICIALLY RECEIVED:
1. Appl. 12-25P, Treglia Storage lot - request for renewal of a 2 year temporary and conditional permit (Section 2.13.a) to allow a storage lot, on property located at 15 Edwin Road (formerly L046 John Fitch Boulevard), I zone
2. Appl. 12-26P, CrossFit BrickYard – request for a special exception to Section 7.13 and site plan of development to operate a personal training facility at 1161 John Fitch Boulevard, I zone
3. Appl. 12-27P, Royal House Chapel Connecticut Mission - request for renewal of a 2 year temporary and conditional permit (Section 2.13.a) to allow a church use, on property located at 52A Connecticut Ave., I zone
4. Appl. 12-28P, Horseshoe Lane Associates LLC- request for a resubdivision to create 6 industrial lots and a Special Exception to Section 3.4 and Site Plan of Development for approval of a 155 unit multi-family development, to be known as “Nutmeg Village”, on the remaining 49.5 acres, for 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 side of South Satellite Road and easterly of Nutmeg Road South, I, MF-AA and A-20 zones
PUBLIC HEARING/COUNCIL CHAMBERS
Chairman Kennedy called the meeting to order at 7:30 p.m.
Commissioner Wilson read Legal Notice into the record.
PUBLIC HEARING-COUNCIL CHAMBERS
1. Appl. 12-21P, Jason Golub dba Synergy LLC – request for a two year temporary and conditional permit to allow a personal training studio in his home, on property located at 628 Foster Street, RR zone
Mr. Jason Golub, applicant for Synergy LLC, presented his application. Mr. Golub stated he has renovated his garage into a workout facility for himself and his family and would like to train others there. He works with one to two clients at a time and will not create an increase of traffic. The cars will be parked on his property while providing this service to his clients.
Town Planner Lipe gave the following staff comments:
1. Request for a 2-year approval to operate a personal training business from his home at 628 Foster Street, RR zone. The applicant is proposing to convert his existing garage of the single family home for this business.
2. Ms. Lipe clarified why a temporary and conditional permit is requested rather than a major home occupation where room for a vehicle in a garage on the property is required. The conversion of the garage prevents this condition being met. Mr. Golub does intend to build a garage in the future and at that time with necessary permitting and in good standing can apply for a major home occupation permit.
3. The applicant’s narrative has indicated there will be no employees. The business will operate by appointment only within the hours of Monday – Friday, 6 a.m. – 8 p.m. and Saturday, 8 a.m. - 1 p.m.
4. The applicant has provided a plan showing additional parking on site. The original plan shows his intention to widen the driveway and adding a small parking area for cars to turnaround. He has indicated that he would be added a small fence to screen the parking.
5. Staff has concerns with the parking areas as designed as it would be wider at the street than our standards allow. We have talked with the applicant about scaling back the number at one time and the amount of parking to be added. He agreed to no more than two clients at a time (rather than four as proposed). This would allow him to reduce the parking area shown immediately adjacent to the street to a standard double wide drive.
6. There is no signage proposed at this time. The regulations allow two square feet of signage.
7. The Health Department has reviewed the application and has requested information on the water supply be provided for review and approval. The building department has also been consulted on the application.
8. 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 applicant is required to renew the permit in two years if the use is to be continued.
Town Engineer, Jeff Doolittle, gave the engineering comment that the applicant is required to take out a permit in order to widen his driveway in compliance with regulations.
No public comment was made in favor or opposition.
Commissioner Butter asked if approval would be required if the applicant was to build a garage in the future.Planner Lipe responded the building permit process would be followed requiring zoning approval for the garage. Vice Chair Pacekonis asked Planner Lipe about requirements for screening for parking for businesses in residential settings. Ms Lipe replied the applicant proposes to add a fenced area along the front of the parking closest to the road. Screening setbacks and distance of parking from the road were discussed.
Chairman Kennedy closed the public hearing at 7:40 p.m.
2. Appl. 12-24P, Union District School Farmers Market—request for renewal of a 2-year temporary & conditional permit to allow a farmers market weekly from July through October, offering produce and other items such as cheese, maple syrup, baked goods, soaps, candles, at Union District School, 771 Main St, A-40 zone
Applicant, Mr. Brian Rivard, 1042 Foster Street Ext., President of the South Windsor Historical Society, presented the application. A continuation of the Farmers Market which has gone on for the last three years is proposed to promote local agriculture and quality of life for South Windsor. Twelve to sixteen vendors are expected every Sunday, 10 a.m. – 2 p.m.
Planner Lipe made the following staff comments:
1. Request for a renewal of two-year temporary and conditional permit for a farmers market sponsored by the South Windsor Historical Society at Union School located at 771 Main Street, A-40 zone. This property is currently owned by the Historical Society and the farmers’ market is operates in the rear of the parking area.
2. The applicant is proposing to have the market weekly on Sundays July 8 through October 14. Set up would start at 8 a.m. The market would run from 10 a.m. - 2 p.m. and vendors would leave by 3 p.m.
3. The applicant has provided a site layout showing 11 vendor spots on the site. The market will feature items grown or produced by local farmers such as: vegetables, fruits, flowers, honey, cheeses as well as specialty products produced from local farmers’ products. Live entertainment will be featured as well.
4. Parking for the event will be on-site, in the adjacent parking lot of Wood Memorial Library as well along Main Street. The applicant had previously spoken with the police department about their parking plans and the appropriate signage.
5. Civic non-profit groups are allowed temporary signage on and off-site advertising special events. A temporary sign permit must be obtained from the Planning Department prior to posting of the signs.
6. All health code requirements for vendors selling food or offering food samples must be met. The applicant will be responsible for ensuring that all necessary permits are obtained and submitted to the Health Department and to coordinate an inspection of the vendor booths prior to opening for the season.
7. 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.”
8. If this application is approved, the applicant will need to file the 2013 dates with the Planning Department once determined.
Mr. Doolittle had no engineering comments.
No one from the public spoke in favor or opposition to the application.
Commissioner Pacekonis asked if there had been any complaints. Ms. Lipe stated during the time the sign had been posted there had been a few telephone calls to the planning department concerning the frequency of the market. Callers were advised to come to the meeting or to submit a letter in writing but nothing had been received. Commissioner Pacekonis verified the dates and that the possible extension of a winter market would require a separate permit.
Chairman Kennedy closed the public hearing at 7:45 p.m.
REGULAR MEETING – MADDEN ROOM
Chairman Kennedy called the Regular Meeting to order at 7:50 p.m.
PUBLIC PARTICIPATION: None
NEW BUSINESS:
1. Appl. 11-24P, Evergreen Walk Town Square - request to modify conditions associated with the Final Plan approval for Evergreen Walk, LLC, pursuant to Section 4.2.15, for real property known as “Evergreen Walk”, to be located on a portion of 151 Buckland Road, including portions of Units 6 and 7, and being approximately 1,200 feet west of Buckland Road and 400 feet north of Smith Street, Buckland Road Gateway zone
Attorney Chris Smith of Shipman & Goodwin LLP began the presentation on behalf of Evergreen Walk LLC, owner of Evergreen Walk including the portion called Town Square. Attorney Smith stated on September 13, 2011 the commission approved with conditions the final plan for the build out of Town Square and that a pre-application meeting was held on May 8, 2012 to review possible modifications to that approval for its build-out in today’s market. The development team was introduced including Mr. Dwight Dutton, President of the Bonaventure Realty Group LLC for the residential component, Mr. Scott Jaeger, President of Radius Hospitality Group out of Canton Ohio and Engineer Mr. Phil Forzley from the Manchester office of Fuss & O’Neill.
Packets were handed out to all commissioners. Included within were copies of the May 7, 2012 request for modifications letter with Proposed New Additional Conditions (Exhibit 2) and the September 19, 2011 PZC approval letter (Exhibit 1) with the original phasing sequence (Attachment A) and Proposed New Special Conditions (Exhibit 3) as well as a redlined copy of changes to proposed modifications to the Approval of Final Plan for Town Square at Evergreen Walk incorporating Town staff comments.
The original approval requires a phasing plan for the build out of the residential and hotel/commercial components to achieve a 2 to 1 ratio but in reality the current financial market, post 2000, does not allow the phasing plan to proceed as approved. Attorney Smith projected with the proposed modifications approved financing for the residential portion could be lined up within a year to break ground. The hotel component would need a minimum of 18 months to be financed. Two experienced enthusiastic developers are on board offering a great product to the town.
Mr. Dwight Dutton, President of Bonaventure headquartered in Arlington VA since 1999, was introduced and stated his company builds high end luxury apartment buildings and that this project will be their first foray into New England. Mr. Dutton presented slides of their developments in Virginia Beach, Chesapeake and Norfolk Virginia. The four story elevator buildings adjacent to the major retail in the Chesapeake development are most similar to what is proposed for Town Square at Evergreen Walk. Interior slides of common areas and apartments with amenities were shown.
Commissioner Carroll asked what the demographic is of the residents in the Virginia developments. Mr. Dutton replied that it is a mix of high end officers from the military to singles and families with six figure incomes who are renters by choice.
Scott Jaeger, President of Radius Hospitality of Canton Ohio with thirty five years in the business has been working on the Evergreen project for the last sixteen months. Cambria Suites, a 110 room property with a small restaurant, exercise facility, indoor pool and bar, is being planned for Town Square. Slides were shown of lobby, restaurant breakfast area, indoor swimming pool and room suite. Mr. Jaeger discussed hotel financing in light of today’s market which will be focused on local banks taking up to 18 months to begin.
Commissioner Carroll asked about hotel amenities. Mr. Jaeger replied the rooms include microwave, refrigerator and coffee machine though the rooms are not considered extended stay but rather suites without kitchen facilities. Radius has projects underway in Ohio (Residence Inn and Comfort Suites), Springhill Suites in New Jersey and Cambria. Radius also has an office in Summerset New Jersey with two other facilities there.
Attorney Smith and Engineer Forzley then presented a series of site plans corresponding to the proposed modifications to Conditions of Approval for the Final Plan for Town Square.
Condition 1 addresses the temporary extension of Evergreen Way and its temporary sidewalks to be completed before the issuance of the Final Certificate of Occupancy for the first residential building.
Condition 2 addresses the widening and improvements to Tamarack Avenue adjacent to the Town Square Project to be completed before the issuance of the Final Certificate of Occupancy for the northeast residential building.
Condition 3 addresses the widening and improvements to Tamarack Avenue between Evergreen Walk and LLBean to be completed before the issuance of the Final Certificate of Occupancy for the first residential building.
Commissioner Carroll asked if both buildings were to be built at the same time or if there would be phasing. Mr. Dutton replied they would be constructed simultaneously however Building 1 would deliver slightly before Building 2 and discussed possible ways it could be achieved. Commissioner Marrero asked about the widening of Tamarack Avenue and its extension to Deming Street. An error was noted on mislabeled roads on the map. Vice Chairman Pacekonis asked about the use of the word ‘temporary’ concerning the connecting road. Engineer Forzley stated the road might shift five to ten feet depending on how the parcel would be configured. Utilities would go in and be permanently located before the roads. The roads would be ‘complete’ but would not have a final coat and the temporary sidewalk bituminous
but eventually made concrete.
It was noted the map for Condition 4 should be switched for the map for Condition 5 and visa versa.
Commissioner Pacekonis inquired as to where school children might be dropped off and picked up and also shelters in those areas. Engineer Doolittle replied it would be determined by the Board of Education. Engineer Forzley stated Conditions 4 and 5 concerning pedestrian sidewalks which would include bollard lighting and street furniture would have to be done prior to the issuance of the Final Certificate of Occupancy for the initial apartment building or the hotel which ever came first.
Condition 6 concerns modified lighting and parking behind the shops at Evergreen Walk to be completed prior to the issuance of the Final Certificate of Occupancy for the first residential building.
Conditions 7A and 7B address swales and potential water basins to be done prior to the issuance of the Final Certificate of Occupancy for residential buildings.
Condition 8 addresses the southwest access drive which will be completed before the issuance of the Final Certificate of Occupancy of the first building completed.
Condition 9 addresses the construction of the open space known as Town Square which will be done before the issuance of the final certificate of occupancy of the first residential building. The Club House was discussed as a separate building from the residential buildings.
Condition 10 concerns the building and improvements associated with the hotel which will be completed prior to the issuance of the Final Certificate of Occupancy of the hotel.
Condition 11 and 12 address the southwest and northeast residential buildings and their improvements will to be completed prior to the Final Certificates of Occupancy of the buildings.
Commissioner Pacekonis asked if the retention basins had been brought up with the Inland Wetlands Agency. Engineer Forzley replied it had been.
Condition 13 addresses office buildings and all their improvements shall be completed prior to the issuance of the Final Certificate of Occupancy of the first office building.
Condition 14 addresses the water main loop and Condition 15 natural gas loop both to be completed prior to the issuance of the Final Certificate of Occupancy for the first residential building.
Condition 16 concerns the relocation of the trunk sewer and its completion before the issuance of the Final Certificate of Occupancy of the northeast residential building.
Condition 17 addresses the walking trail through the back western portion of the property to be completed before the issuance of the Final Certificate of Occupancy of the second residential building.
Attorney Smith then addressed the Proposed Special Conditions (see Exhibit 3 in the packet supplied by the applicant).
Vice Chairman Pacekonis asked if the Commission would possibly be acting upon the proposed modifications would a new site plan be required having seen at least three different versions of the residential. Engineer Forzley replied Mr. Dutton has these preliminary architectural designs for the residential component and Bon Adventure would have to finalize those drawings and then the plans would have to come back to the Commission for approval. The discussion continued with Mr. Dutton stating in all their projects certain architectural requirements are part of the original designs and in the end they have to come back and demonstrate the building is compliant with whatever the standards are that were originally approved. The renderings presented are conceptual drawings, not fully engineered, but show their seriousness and
commitment to the project and as developers will meet the criteria previously set forth meeting all technical and esthetical requirements.
Chairman Carroll made a motion to approve the new special conditions and requested modifications to the Final Plan for Evergreen Walk as revised. Commissioner Wilson seconded the motion. The motion carries by unanimous vote.
2. Preliminary discussion with Bob Urso regarding a text amendment to a regulation concerning 1049 John Fitch Boulevard. (See attached document.)
Mr. Peter DeMallie of Design Professionals, Inc. on behalf of Mr. Bob Urso presented proposed regulations as a follow up to the discussion from the April 24, 2012 PZC meeting. Mr. DeMallie stated the direction of the commission at the 4-24-12 meeting was to come up with a new zone and so he met with Planner Lipe on May 10, 2012 and developed a new Travel Services or TS Zone to serve the motoring public, the residents and those who work in the area. Mr. DeMallie went over the proposed permitted uses and the design standards which incorporate excellent architectural design and attractive signage, drive thru window services, good traffic flow with motorist/pedestrian safety and convenience. There would be no vehicle sales, leasing, repair or overnight storage of vehicles. The outdoor display of merchandise would be limited.
Entire sites would be maintained with dumpsters, mechanicals and outdoor storage screened from streets. The concept of a common interest ownership community for tenants on a site was described. Mr. DeMallie continued with the specific TS Zone Dimensional Requirements which might also accommodate hotels. He stated if the commission liked the direction of the outline he would create a draft and submit an application for a public hearing.
Commissioner Carroll asked if development would be limited to major intersections in this proposed zone. Chairman Kennedy stated this is a zone change and the PZC could make that determination on a case by case basis. Conversation continued discussing the specific area, lot size restrictions in industrial and commercial existing zones. Commissioner Marrero asked about the ramifications of large industrial parcels being rezoned. Mr. DeMallie stated the TS Zone is meant for smaller parcels and could be worded as such. Vice Chairman Pacekonis brought up the possibility of trailer trucks using the site as a rest station or even for overnight parking. Mr. DeMallie noted the zone would not allow for the storage of trucks and that the size of their site would not accommodate parked trailer trucks. Discussion continued about the
size of lots and their impact. Chairman Kennedy commented policy decisions would be likely to protect existing industrial zones. Discussion continued addressing TS zone development at major intersections.
Vice Chairman Pacekonis made a motion to extend the meeting past 10:00 p.m. Commissioner Carroll seconded the motion. The motion carried by unanimous vote.
No action was taken on Item #2.
3. Appl. 12-21P, Jason Golub dba Synergy LLC – request for a two year temporary and conditional permit to allow a personal training studio in his home, on property located at 628 Foster Street, RR
Commissioner Carroll made a motion to approve the above application with the following conditions:
1. The business must be operated by the homeowner.
2. The permit will expire on May 22, 2014, and will have to be renewed at that time.
3. Hours of operation are Monday through Friday from 6:00 a.m. – 8:00 p.m. and Saturday from 8:00 a.m. to 1:00 p.m.
4. Refuse from the business cannot be disposed of with residential refuse. Adequate arrangements must be made for business refuse disposal.
5. Any new building, or alteration/additions to existing buildings, requires a building permit prior to start of construction.
6. The Health Department shall be contacted regarding testing of the drinking water to be provided to clients.
7. No more than two clients at one time.
8. The parking area is to be modified to reduce the curb cut at the road to a maximum of 22 feet.
9. A final plan shall be submitted showing the parking area with the proposed screening.
Vice Chairman Pacekonis seconded the motion. The motion carried and the vote was unanimous.
4. Appl. 12-24P, Union District School Farmer’s Market—request for renewal of a 2-year temporary & conditional permit to allow a farmers market weekly from July through October, offering produce and other items such as cheese, maple syrup, baked goods, soaps, candles, at Union District School, 771 Main St, A-40 zone.
Vice Chairman Pacekonis made a motion to approve the above application with the following conditions:
1. The Temporary and Condition permit will expire on May 22, 2014.
2. The Health Department must be consulted and proper permits obtained for vendors selling or providing food at the market.
3. If there are buildings, structures, signs or other items that require a building permit or other Town approvals/permits, all such approvals or permits must be obtained prior to construction or use of the site.
4. All free standing signs and/or building signs (temporary or permanent) require the issuance of a sign permit before they are erected.
5. Future dates for the 2013 Farmer Market must be submitted to the Planning Department.
Commissioner Carroll seconded the motion. The motion carried and the vote was unanimous.
BONDS: None.
MINUTES:
The minutes dated 5-8-12 were approved by consensus.
OTHER BUSINESS:
Town Planner Lipe began a discussion concerning small farm animals such as chickens, pigeons or ducks on residential lots which were less than one acre. Chairman Kennedy stated he did not want to amend regulation. Planner Lipe suggested a policy could exist within the Planning Department to allow for reasonable requests, limited to under five animals, before requiring a permit.
An Addendum to officially receive Appl. 12-28P, Horseshoe Lane Associates was submitted.
ADJOURNMENT:
Commissioner Pacekonis made a motion to adjourn the meeting. Commissioner Wilson seconded the motion. The motion carried and the vote was unanimous.
The meeting ended at 10:10 p.m.
Respectfully submitted,
Lauren L Zarambo
Recording Secretary
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