MEMBERS PRESENT: Patrick Kennedy, Bart Pacekonis, William Carroll, Viney Wilson, Mario Marrero, Elizabeth Kuehnel
ALTERNATES PRESENT: Stephanie Dexter
STAFF PRESENT: Michele Lipe, Town Planner; Lauren Zarambo, Recording Secretary
APPLICATIONS TO BE OFFICIALLY RECEIVED:
- Appl. 12-29P, Robert Urso – proposed zoning text amendment to create Section 4.6 Route 5 Travel Services Zone (TS) and add 4.6.1 Purpose, 4.6.2 Prohibited Uses and 4.6.3 Specific Design Standards & Use Restrictions/Guidelines; to modify Article 1 Introduction/Districts Section 1.1 to add “TS”; to modify Article 2 General Requirements Section 2.11.D; to modify Article 4 Commercial and Industrial Zones Table 4.1.1A Permitted Commercial and Industrial Uses to “TS” uses; to modify Table 4.1.61A Commercial and Industrial Area, Density and Dimensional Requirements to add “TS” bulk requirements; to modify Article 6 Site Development Regulations Section 6.1.1 Applicability; 6.2 Landscape and Buffers; Section 6.5 Signs and to modify Article 10 Definitions to add definition of “Motor vehicle
refueling/re-energizing station”.
PUBLIC HEARING / COUNCIL CHAMBERS
Chairman Kennedy called the meeting to order at 7:30 p.m.
Commissioner Wilson read the Legal Notice into the record.
Chairman Kennedy appointed Commissioner Dexter to sit for Commissioner Foley.
PUBLIC HEARING
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
Applicant, Mr. Louis Treglia presented his application describing his storage lot business as less than successful other than planting arborvitae and flowers for landscaping. Mr. Treglia stated he has owned the property for 25 years and it has been vacant for the last 2 ½ years acting a great playground for his dog.
Town Planner Lipe gave the following staff comments:
1) Request for a renewal of a two-year temporary and conditional permit for a storage lot for vehicles, boats, and other motorized vehicles on property located at 15 Edwin Road, the south westerly intersection of Edwin Road and Route 5, I zone.
2) The applicant has provided a site layout of the proposed storage areas. The storage will typically be mobile items such as: cars, trucks, boats trailers, campers, etc.
3) The site is a sandy lot with little vegetation. The applicant’s engineer has stated that the vehicles stored on site are generally in “good” condition and has indicated that periodic inspections will take place to check for spills. There is no signage proposed with this application.
4) The approved plan had called for privacy slats or mesh screen to be installed along the fence to provide privacy screening from adjacent streets. They also show some additional landscaping to be added along the frontage. In addition, an oil/trap hood will be added to the existing catch basin as a precautionary measure.
5) To date this none of these improvements have been made – but storage on site has also not occurred.
6) 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, there are no other planning modifications requested.
No public comment was made in favor or opposition.
Commissioner Marrero asked Town Planner Lipe about the aerial photograph from 2009 where stored cars can be seen. Ms. Lipe stated it was the storage of those cars that had brought the applicant to the commission at which time he applied for and received approval. Presently there are two boats stored on site. Commissioner Carroll inquired if slats had been installed. Planner Lipe replied there were none but that some plantings had been made. The requirements of approval two years ago were that plantings and slats be installed but without much activity taking place the applicant has been advised as a condition of this approval slats would be required to be in place when storage takes place.
No other commissioners had questions.
Chairman Kennedy closed the public hearing at 7:35 p.m.
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 (see attached narrative)
Applicant, Mr. Gerald Matyschsyk, presented the application stating the building is currently zoned industrial and he would like to use it for his proposed business use of a physical training facility. He is making no major exterior changes to the building. The parking required is no more than twenty parking spaces for fifteen people in class, two coaches and for the potential of up to three drop in visitors. His abutting neighbors are enthusiastic about the business which may also benefit their garage and dog care businesses. Mr. Matyschsyk stated the building has been vacant for three years. His classes will be held during the day in one hour increments starting at 6:00 a.m. until 6:00 p.m.
Planner Lipe made the following staff comments:
1) Request for Special Exception to Article 7.13 of the zoning regulations and site plan to allow a personal training facility in the existing building at 1161 John Fitch Boulevard, I zone. The business will occupy the entire 6,000 sf facility. There are no site improvements proposed with this application.
2) Special exception criteria for indoor recreational use include:
1. The proposal is consistent with the goals and objectives of the Plan of Conservation and Development.
2. The application has met the requirements of the zoning regulations.
3. The land is physically suited to the proposed use.
4. Minimal, if any, adverse environmental impacts are created.
5. No traffic or other hazards will be created.
6. The impacts on the capacity of the present and proposed utilities, street, drainage systems, sidewalks, and other elements of the infrastructure will be minimal.
7. There will be minimal or no adverse effects on existing uses in the area.
8. Surrounding property values will be conserved.
9. The character of the neighborhood will be maintained or minimally disrupted.
10. The general welfare of the community will be served.
11. There is a balance between neighborhood acceptance and community needs.
12. Historic factors are adequately protected; or due consideration to preservation of historic factors has been demonstrated.
13. The overall physical appearance of the proposed development is compatible with surrounding development and the Commission’s goals for the neighborhood/corridor.
14. The architectural design is aesthetically pleasing and blends well into the surrounding area.
The Commission may impose additional conditions in accordance with these regulations in order to ensure that all applicable criteria enumerated above are satisfied.
3) The applicant is proposing to be open daily and will begin at 6 AM and will run sporadically all day ending by 8 PM.
4) The indoor facility will have workout equipment in the large open area and a small office area, lounge changing area, handicap bathroom. The second floor offices will be for personal use at this time. Floor plans have been provided showing the layout of the space.
5) The parking requirement for indoor recreational use is one space per 250 sq ft, or 24 spaces. The applicant is showing 21 spaces currently onsite with an area shown for reserved parking. There is adequate room on the site to add additional spaces in the event it is needed.
6) The Fire Marshal and Building Official have been consulted and the applicant is aware of the code requirements. Those requirements will have to be satisfied at the time a building permit is issued for the change of use.
7) The site is served by public water and septic system. Sewers are available to the property. Sherry McGann, Environmental Health Officer, has indicated that at the time of a building permit request, the applicant will be required to file paperwork related to the change of use for the property.
8) The applicant will only have vending machines for food service. We have indicated that the dumpster must be placed on a concrete pad and screened.
If this application is approved, the Planning Dept has no additional modifications to request.
No one from the public spoke in favor or opposition to the application.
Commissioner Pacekonis asked to clarify the applicant’s statement that he needed a commercial zone for his business. Commissioner Pacekonis stated the application was not for a zone change but rather would allow for commercial use within an industrial zone. The applicant stated he understood.
Commissioner Carroll asked about the applicant’s plan for signage. Mr. Matyschsyk stated he would change the face of the one existing illuminated sign on Route 5. Town Planner Lipe replied both building signage and one free standing sign would be allowed.
Chairman Kennedy closed the public hearing at 7:45 p.m.
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
Applicant, Mr. Justice Ofori, presented the application which is a renewal of their initial application which was approved in 2010. Royal House Chapel is a non profit Christian organization with the mission of helping people in the community by preaching messages of hope by offering worship, prayer, comfort and fellowship to the community.
Town Planner Lipe made the following staff comments:
1) Request for a renewal of a two-year temporary and conditional permit that was granted for a church use on property located at 52A Connecticut Avenue, I zone. This property currently has two 20,000 sf buildings on site, and the applicant has occupied 5,000 sf. of the southern building.
2) 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.”
3) The applicants’ site layout and floor plan show how the space is being utilized including a reception area, offices, bathrooms and a sanctuary with approximately 68 chairs.
4) The church conducts services on Friday evening and Sunday morning, with occasional services on Wednesdays and Thursdays. All services take place after the close of business hours. The applicant has shown 32 spaces – our regulations require 1 space for 3 seats or 22 spaces.
5) The fire marshal and building department previously worked with the applicant to ensure all fire and building codes were met for this assembly use.
If this application is approved, there are no other planning modifications requested.
Commissioner Marrero inquired about what else was housed within the building as they were using 5,000 of the 20,000 square feet available. Mr. Ofori replied he thought they had offices and loading docks with small warehouses next to them. Commissioner Carroll asked whether theirs was an after hours operation that would not conflict with the parking. Ms. Lipe replied Royal House Chapel does have a few parking spaces for office use in the day and that no complaints or concerns had been expressed over the last two years. Commissioner Pacekonis asked if the parking was adequate. The applicant replied it was. Commissioner Wilson stated if Fridays and Sundays were for their services and asked if weekday evening use was for socials. The applicant replied the evenings could be used for bible study or worship
rehearsal.
Chairman Kennedy closed the public hearing at 7:50 p.m.
REGULAR MEETING / MADDEN ROOM
Chairman Kennedy called the Regular Meeting to order at 8:00 p.m.
PUBLIC PARTICIPATION: None
NEW BUSINESS:
Commissioner Carroll made a motion to suspend the rules to move the application for CrossFit BrickYard up in the order from #3 to #1 to be taken up first. Vice Chairman Pacekonis seconded the motion. The motion carried by unanimous vote.
- 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
Vice Chairman Pacekonis made a motion to approve the above application with the following conditions:
1) Pavement markings must be maintained in good condition throughout the site drives and parking areas.
2) All free standing signs and/or building signs require the issuance of a sign permit before they are erected.
3) A building permit is required for the change of use. The fire marshal’s office and building department must consulted regarding changes to the interior of the building and the specific building codes that must be complied with.
4) Additional outside lighting to be added as deemed necessary.
Commissioner Kuehnel seconded the motion. The motion carried by unanimous vote.
Commissioner Carroll made a motion to suspend the rules and to move the application for Royal House Chapel from item #4 to #2. Commissioner Wilson seconded the motion. The motion carried by unanimous vote.
- 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
Commissioner Carroll made a motion to approve the above application with the following conditions:
1) The Temporary and Condition permit will expire on May 11, 2014, and must be renewed prior to that time if the use is to continue.
2) All free standing signs and/or building signs (temporary or permanent) require the issuance of a sign permit before they are erected.
Commissioner Wilson seconded the motion. The motion carried by unanimous vote.
- Preliminary discussion with Realty Investors VII, LLC to discuss 1468 Sullivan Avenue and potential zone change to restricted commercial.
Mr. Matt Halprin, New England Retail Properties, Inc, working with Realty Investors VII, LLC, introduced a preliminary plan and spoke informally about a potential zone change for 1468 Sullivan Avenue. This is being done prior to marketing the property to tenants since it is not yet zoned a commercial zone required for commercial development. Mr. Halprin presented a map of the 18 acre property at the corner of Ellington Road and Sullivan Avenue, 1468 – 1488 Sullivan Avenue. Commissioner Carroll asked for clarification on where the property lines were and Mr. Halprin stressed it was a preliminary map and showed the property lines. Chairman Kennedy stated it was presently a rural residential zone predisposed to being rezoned commercially, a process already begun with the medical office building underway on
Sullivan Ave. He stated the entrance off Sullivan Avenue is a busy corner and may require a right turn in and a right turn out. Commissioner Marrero brought up the existence of a left turn lane for Route 74/Ellington Road. All agreed the necessity of safe traffic flow will require traffic studies. Mr. Halprin stated the overview is 18 acres of land not being utilized for residential use. They are commercial retail developers doing medical office retail and already represent a number of sites for developers on Buckland Street. This site offers potential in the next two to five years and in order to start it must be rezoned.
Chairman Kennedy stated the discussion is preliminary and non binding but commercial development in this area is consistent with the Town Plan of Development and his opinion preliminarily is favorable toward a restricted commercial zone in the Town Center area. Mr. Halprin promised ‘for the record’ not to put a super Wal Mart in the location. Chairman Kennedy asked for the other commissioner’s comments about the potential rezoning to restricted commercial. Vice Chairman Pacekonis asked what zone the medical office building is in. Town Planner Lipe replied restricted commercial. Vice Chairman Pacekonis concurred restricted commercial would be a good choice for the property being discussed. Commissioner Marrero compared sites with restricted office and restricted commercial zones. Mr. Halprin stated
they were not interested in a restricted office zone.
3. 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
Commissioner Carroll made a motion to approve the above application with the following conditions:
1) The Temporary and Condition permit will expire on June 12, 2014, and must be renewed before that time if the use is to continue.
2) All free standing signs and temporary signs require the issuance of a sign permit before they are erected.
3) A landscaping bond in the amount of $1000 is required and will be held for a full growing season after the landscaping is installed. The approved landscaping plan must be installed prior to the end of the fall planting season (November 15, 2012).
Commissioner Kuehnel seconded the motion. The motion carried by unanimous vote.
- Discussion regarding PZC Bonding Policy and other proposed regulation amendments.
Town Planner Lipe stated the bonding policy had been previously changed because the state required setting Surety bonds. Now six months later, Surety bonds may be accepted but are not required so it is now up to the Commission to decide whether to keep Surety bonds in the policy. Time tables to take action on bonds for site plans and subdivisions have been eliminated. Other changes involve a 10 % overage on the amount of bond held and maintenance bonds can now be held for one year after the work is completed. A conservation plan regulation was not included in the 2007 update and is now back in the book as it was previously written in 2007 and a small change has been made in the subdivision regulations as the Hartford Conservation District has been renamed.
Planner Lipe also presented brochures on the ‘Citizen Service Request Dashboard’ and described this new online form of communication for the town and within town hall to keep everyone apprised of road work or conditions. Commissioner Carroll asked if it could be used by citizens to post complaints. Ms. Lipe replied perhaps for blight ordinances or other concerns such as a potholes or dead animals.
BONDS: None
MINUTES:
The minutes dated 5-8-12 were corrected by Vice Chairman Pacekonis stating the minutes do not give a clear answer of whether in the ‘discussion’ they needed to come back with a site plan for the architectural design review of their building as they mentioned they would. Planner Lipe verified that was their intention. Secondly, on page 8 before #3, it is written there was a motion to extend the meeting past 10 pm (which was approved all in favor) followed by ‘no action taken’ sounding as though there was no action taken on the motion but the motion was approved. The minutes were adopted by consensus.
OTHER BUSINESS:
Town Planner Lipe distributed a draft of the state’s plan of Conservation & Development Policies which will be discussed at the next 6-26-12 PZC meeting.
Commission members are invited to attend the SWALPAC meeting on 6-19-12 at 7:30 PM in the Sprenkel Room.
An Addendum to the Agenda was distributed to officially receive Appl. 12-30P, K. F. Properties LLC, request for renewal of a two-year temporary and conditional permit for the Kebalo Electric Company office located at 175 Wheeler Rd, A-20 zone
ADJOURNMENT:
Vice Chairman 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 8:25 p.m.
Respectfully submitted,
Lauren L Zarambo
Recording Secretary
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