TOWN OF SOUTH WINDSOR
MINUTES
PLANNING & ZONING COMMISSION TUESDAY, JULY 24, 2012
PUBLIC HEARING/REGULAR MEETING COUNCIL CHAMBERS/MADDEN ROOM 7:30 PM
(Please call the Planning Department, 644-2511, ext. 253 if you will be absent)
MEMBERS PRESENT: Patrick Kennedy, Bart Pacekonis, Viney Wilson, Elizabeth Kuehnel, Kevin Foley, Mario Marrero
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:
Appl. 12-38P, 1049 John Fitch Boulevard LLC—request for zone change from Restricted Commercial to Route 5 Travel Zone (TS) for 4.3 +/- acres at 1049 John Fitch Boulevard (northwesterly corner of John Fitch Boulevard and Governor’s Highway)
Chairman Kennedy called the meeting to order at 7:30 p.m.
Vice Chairman Pacekonis read the Legal Notice into the record.
PUBLIC HEARING / COUNCIL CHAMBERS
- 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
Mr. Walter Kebalo presented his application describing the only change from the previous approval is that they have replaced the plantings used for the screening of his parking lot and commercial building with a fence. Ten years ago he put in fast growing white pines which have now been removed and replaced with permanent fencing for the screening on the property. He referred the Commissioners to his narrative previously submitted.
Town Planner Lipe gave the following staff comments:
1) Request for a two year temporary and conditional permit for an electrical contracting business at 176 Wheeler Road, A-20 zone. Kebalo Electric has been operating the business from this location since about 1987. The commission originally approved a temporary and conditional permit on 10/31/00, and the most recent approval in 2010 expired on 2/9/12.
2) The applicant has submitted a history of the property, description of the activities on site associated with the operation of Kebalo Electric, floor plans and pictures of the property.
3) The applicant’s narrative indicates that there are several office workers and that there are no evening or weekend hours. Vegetation exists along the northern lot line providing for screening for the potential owner of lot 2.
4) 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 recommended approval conditions.
Town Engineer, Jeff Doolittle, had no engineering comments.
No one from the public spoke in favor or opposition.
Commissioner Wilson read a memo in opposition into the record from Morgan Bradley (Exhibit A).
Vice Chairman Pacekonis asked for the name and address of the memo sender to be repeated and asked the Town Planner if there had been any complaints. Planner Lipe replied there were none.
Chairman Kennedy closed the Public Hearing at 7:40 p.m.
- 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 (continued hearing from 7/10/12 meeting)
Mr. Ben Wheeler, CT registered landscape architect/Director of Operations at Design Professionals, continued the narrative on the application which began at the 7/10/2012 PZC meeting. At the last hearing Commissioner Pacekonis brought up reserve parking at the Community Building (aka Clubhouse). Mr. Wheeler stated they have not added this reserve parking to their plans but agree to it and will put it on the final plans. They believe they can get up to 11 additional reserve spaces which would not be built initially but if parking proves to be an issue they will have the room to construct them. Vice Chairman Pacekonis had also previously brought up the need for a bike rack near the Community Building which they will show on their final plans. A change had been made to the location of the emergency access road. Mr. DeMallie
distributed a revised site plan (Exhibit B) to the Commissioners which shows the road now being tied into a private road rather than driveway as requested by the Town Engineer. The emergency access road will be of a gravel surface only and will not include the grass loam seed top which was initially proposed complying with the request of Town Engineer and Fire Marshal. Mr. Wheeler proposed the timing of the emergency access drive will be when 75% of the units are complete and will be put in place at the end of Phase 11 and prior to receipt of any of the Certificates of Occupancy for Phase 12. After discussions with the Town Planner concerning the timing of the sidewalks for the industrial lots, it was concluded to have the sidewalks bonded as part of the approval lasting for a period of 5 years which could be renewed. At the last hearing Commissioner Marrero brought up whether the lighting at the entrance to the development was adequate. Mr. Wheeler verified that the existing
street lighting on Pleasant Valley Road combined with the proposed lighting on the plans will prove to be adequate at the main entrance. Mr. Wheeler addressed the proposed size of the bus shelter being adequate for the number of school children who may live in the development a subject Vice Chairman Pacekonis brought up at the last hearing. David Holmes of Capital Studio Architects determined they will increase the size of the shelter by 2’ in each direction to accommodate the projected number of elementary school children. The shelter will now measure 8’x12’. Approval for the application was received from IWA/CC at their 7/18/2012 meeting and it was found the development would not cause any unreasonable harm to the environment.
Town Planner, Michele Lipe, gave staff comments stating approval was received from IWA/CC on 7/18/12 and read into the record some of the approval conditions:
1) Bonds shall be collected in the amount of $20,000 for erosion and sedimentation control measures, $25,000 for wetland mitigation area and $50,000 for construction of the storm water structures.
2) All approvals required must be obtained and submitted prior to any activity on the site.
3) A detailed dredging plan for the existing pond must be submitted to Town Staff for approval prior to starting work.
4) Wetlands established for mitigation to be monitored for three years.
5) The hydrology immediate to the detention basin must be monitored for two years after the establishment of the basin.
6) A five year maintenance plan will be submitted for the rain gardens and create a wetlands to suppress invasive plant colonization.
7) The management of the adjacent area to the Barrett Sedge, the over-story is to be removed to let in more light.
8) The street lighting is to be placed on the east side of Pepin Way so as not to impact the wetlands.
Planner Lipe stated she spoke with Mr. DeMallie about the sidewalk along South Satellite Road. The subdivision approval is good for five years and it has been suggested that the sidewalks will be bonded and installed within five years. The applicant has the option to come back to the Commission to request a renewal at that time and it would be up to the Commission to decide whether to renew the subdivision and allow the sidewalks, if they have not been built, to remain unbuilt or require, when the industrial occupants are in place, the sidewalks be installed. The buffer easement on the easterly side of the entrance drive has many of its plantings outside the easement so staff recommends a condition of approval that the applicant put more plantings in that easement area to meet the buffer requirement. This is to be shown
on the plans. The emergency access road is to be installed at the time of 75% to be accomplished at the end of Phase 11 and before the start of Phase 12.
Town Engineer, Jeff Doolittle, gave engineering comments concerning the following outstanding issues:
1) The sidewalk list of materials must be noted on the plans. Our standard is a 4’ wide poured cement concrete sidewalk.
2) The emergency access road has been addressed.
3) The bus shelter has been addressed
4) There are one or two buildings where the driveways are not at least 20’ long.
5) The bridge is not fully designed to date. The designs for the bridge must be submitted for approval prior to construction.
6) Any unit that needs a foundation drain will need a check valve.
7) Individual sanitary sewer laterals typically provided to all units which is a request of the WPCA for this project.
8) The detailed plan is required for the dredging of the existing pond.
9) The profile needs to be modified slightly at the entrance to Pepin Place from Pleasant Valley Road.
No one from the public spoke in favor or opposition.
Commission Wilson read an email correspondence from Liz Pendleton to Senior Environment Planner, Jeff Folger, into the record (Exhibit C) in opposition to the project. A second letter addressed to Chairman Patrick Kennedy from the Chairman of the Historic District Commission, Virginia Macro, was read into the record (Exhibit D) in opposition to the project. Vice Chairman Pacekonis inquired about the wording in the narrative, ‘2 or 3 bedroom units, buyer’s choice’ and asked how the number of bedrooms gets registered with the Town regarding tax structure. Town Planner Lipe responded building permits issued have square footage listed and that is what the Assessor uses to determine taxes. Attorney Ralph Alexander, representing the applicant, stated when a potential owner purchases a unit they will enter
into a contract specific to the number of bedrooms. Any contractor involved will be very specific about the pricing to build a two or three bedroom unit. This will in turn translate into a building permit showing that number of bedrooms which the Town Building Inspector will see eventually translating into the Certificate of Occupancy. When a CO is issued the information is channeled to the Assessors Office. Town Planner Lipe continued if someone wanted to convert the number of bedrooms in a unit, the zoning would have to be checked and tracked concerning the limitations of how many two and three bedroom units can be in the multifamily development.
Chairman Kennedy closed the Public Hearing at 8:00 p.m.
- PZC Sponsored zoning amendment: restoration of Section 8.6.5 Standards for Conservation Plans (inadvertently omitted with the 2007 recodification of the regulations)
Town Planner Lipe stated this section of the regulations had been omitted in which Planning & Zoning designates our Wetlands Agency as the body that certifies conservation plans. Section 8.6.5 was drafted at the time of the 2007 update and was designated to be put into the regulations. This amendment is to restore that section.
- PZC Sponsored subdivision amendment: modification to Chapter 3 Procedures, Section G. Conservation Plan, to update the district responsible for conservation plan reviews
Town Planner Lipe continued with Item 4 and stated this amendment is an update of the Soil Conservation District’s latest guidelines and changed the district to the North Central District. This amendment has been referred to CRCOG and received comments back on July 19, 2012 and found no apparent conflict with regional plans and policies or the concerns of neighboring towns.
The Town Engineer had no comments regarding the above two amendments.
No one from the public spoke in favor or opposition.
Commissioner Wilson asked if South Windsor specifically has a Conservation Commission or is it IWA/CC or an individual. Planner Lipe responded the whole agency is appointed as the conservation commission. They have two separate appointments. Commissioner Wilson asked if they should be separated. Planner Lipe replied it would be a decision for the Town Council to make.
Chairman Kennedy closed the Public Hearing on the two amendments at 8:02 p.m.
Chairman Kennedy then introduced Item 6 on the agenda:
PZC Sponsored subdivision amendment: modifications to Chapter 3 Procedures, Section E. Improvement Guarantees, to address recent changes in State bonding legislation
The Chairman stated the Town Planner had previously covered it and so includes the record of the last hearing by reference into this hearing. Planner Lipe had no further comments to add.
Town Engineer had no comments.
No one from the public spoke in favor or opposition.
Commissioners had no questions.
Chairman Kennedy closed the public hearing at 8:02 p.m.
- PZC Sponsored zoning amendment: modifications to Section 8.5.1 Security for Completion of Improvements to address recent changes in State bonding legislation
Town Planner Lipe stated the State Legislature made changes to bonding legislation last year which resulted in adopting a surety policy. Further changes were made in the last session so we have drafted the regulations to reflect what the law says related to bonding. The changes made when P&Z can bond projects and Planning and Zoning cannot require bonds at the time of filing mylars. Bonds can be required before any lots are sold or Certificates of Occupancy are granted. P&Z must react to a bond reduction request within 65 days. Towns have been given back the option of whether or not they want to accept surety bonds rather than requiring towns to accept them. The amendment proposal was sent to CRCOG and received comment dated July 19, 2012 finding no apparent conflict with regional plans and policies or the
concerns of neighboring towns.
Town Engineer Doolittle had no comments.
No one from the public spoke in favor or opposition.
Commissioners had no comment.
Chairman Kennedy closed the public hearing at 8:05 p.m.
- PZC Sponsored subdivision amendment: modifications to Chapter 3 Procedures, Section E. Improvement Guarantees, to address recent changes in State bonding legislation
Town Planner Lipe stated the amendment is in result of legislation as to when bonds can be required. The town cannot take more than a 10% contingency changed from 25%. P&Z is allowed to have one year’s maintenance and is compelled to act within 65 days of a bond reduction request. All changes will be reflected in the amendment.
Town Engineer Doolittle had no comments.
No one from the public spoke in favor or opposition.
Commissioners had no comment.
Chairman Kennedy closed the public hearing at 8:07 p.m.
REGULAR MEETING / MADDEN ROOM
CALL TO ORDER:
Chairman Kennedy called the Regular Meeting to order at 8:14 p.m.
PUBLIC PARTICIPATION:
NEW BUSINESS: Discussion/Decision/Action regarding the following:
- 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
Commissioner Wilson made a motion to approve the above application with the following conditions:
1) The permit will expire on 2/9/14, and will have to be renewed at that time.
2) Refuse from the business cannot be disposed of with residential refuse. Adequate arrangements must be made for business refuse disposal.
3) The number of non-family member employees is limited to three (full or part-time).
4) Commercial vehicle parking on the street is prohibited.
Commissioner Kuehnel seconded the motion. Motion carried by unanimous vote.
- 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 (continued hearing from 7/10/12 meeting)
Vice Chairman Pacekonis stated he continues to have concerns on the issue of sidewalks and the bonding for the industrial area. He does not agree with the idea of having a sidewalk unfinished or intermittent sidewalk. It is not in the best interest of the public but given the opportunity to revisit the subject in five years and making a decision at that time and in the interest of moving forward he will wait for the suggested resolution. Chairman Marrero brought up the subject of the wetlands tiger beetles and sedge. Planner Lipe replied they have relocated the beetles to a farm on Troy Road and one of the wetland commission’s conditions of approval is they have to open up the under story for the sedge. The Vice Chairman stated he appreciated the developer’s responses to their concerns with
the exception of responding to Jeff Doolittle’s town engineering comments but they will become part of the approval process.
Vice Chairman Pacekonis made a motion to approve Appl. 12-28P request for a resubdivision with the following conditions:
1) This approval is for 6 industrial lots, numbered 1 -6, the multi-family lot and lot line revision for 388 Pleasant Valley Road.
2) Concrete sidewalks, built to Town specifications, shall be installed on one side of South Satellite Road.
3) Drainage and construction for this subdivision is subject to the approval of the Town Engineer.
4) All lots shall be serviced by the Town of South Windsor sanitary sewer system and are subject to the approval of the Water Pollution Control Authority.
5) Water shall be supplied to this subdivision by public water.
6) A liability insurance policy shall be submitted to this Commission naming the Town of South Windsor as an insured, with a combined single limit for bodily injury and/or property damage in the amount of $1,000,000.
7) This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission granted on 7/18/12.
8) Prior to commencement of any site work, a preconstruction meeting must be held with Town Staff.
9) All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
10) All easements for conservation purposes, drainage or utilities, that may be required in connection with the approval of this subdivision, must be submitted on standard Town easement form where appropriate, to this Commission prior to filing the mylars and must be in accordance with the policy for accepting deeds and must be approved by the Engineering Department and Town Attorney.
11) 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. 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.
12) A drainage assessment fee in the amount of $350.00 shall be submitted to this Commission.
13) The Town Engineer’s review comments dated 5/18/12 must be incorporated into the final plans.
14) No building permits will be issued until all modifications have been complied with, site plans for the individual lots have been approved and the final plans have been filed in the Town Clerk's office.
15) A waiver has been granted to Section C.2.c.3 of the subdivision regulations to not require street trees along the existing frontage.
Commissioner Wilson seconded the motion. The motion carried by unanimous vote.
Vice Chairman Pacekonis made a motion to approve Appl. 12-28P, Site Plan application with the following conditions:
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 $ $20,000 to ensure erosion and sedimentation measures, $25,000 for wetlands mitigation, $50,000 for the construction of stormwater structures.
4) A landscape bond in the amount of $50,000 is required and must be submitted prior to the issuance of a certificate of occupancy if work is not completed.
5) All bonds must be in one of the forms described in the enclosed Bond Policy.
6) An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 9.1.3 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) The clubhouse shall be completed once fifty percent of the units are occupied.
14) The access road shall be completed once seventy-five percent of the units are occupied.
15) The engineering comments dated 5/18/12 shall be incorporated into the final plans.
16) The buffer planting plan is to be reviewed in the field with the applicant’s landscape architect and town staff to determine if additional plantings are needed to meet the buffer requirements.
17) The buffer along the easterly property boundary (under the easement) shall include more plantings to meet the buffer requirement.
18) A bike rack shall be provided outside of the community building.
19) An overflow parking area shall be established in the vicinity of the community building.
20) A bus shelter, 8’ x 12’, shall be shown on the plans.
21) The property owner must execute an agreement permitting the town to enter the property for purpose of refuse and recycling services. Said agreement will include a hold harmless provision.
Commissioner Wilson seconded the motion. The motion carried by unanimous vote.
- PZC Sponsored zoning amendment: restoration of Section 8.6.5 Standards for Conservation Plans (inadvertently omitted with the 2007 recodification of the regulations)
Commissioner Wilson made a motion to approve the amendment. Commissioner Kuehnel seconded the motion. The motion carried by unanimous vote.
- PZC Sponsored subdivision amendment: modification to Chapter 3 Procedures, Section G. Conservation Plan, to update the district responsible for conservation plan reviews
Commissioner Foley made a motion to approve the amendment. Commissioner Wilson seconded the motion. The motion carried by unanimous vote.
- PZC Sponsored zoning amendment: modifications to Section 8.5.1 Security for Completion of Improvements to address recent changes in State bonding legislation
Commissioner Marrero made a motion to approve the amendment. Commissioner Wilson seconded the motion. The motion carried by unanimous vote.
- PZC Sponsored subdivision amendment: modifications to Chapter 3 Procedures, Section E. Improvement Guarantees, to address recent changes in State bonding legislation
Vice Chairman Pacekonis made a motion to approve the amendment. Commissioner Wilson seconded the motion. The motion carried by unanimous vote.
- Discussion regarding changes to the PZC Surety Policy
Town Planner Lipe stated it is up to the Commission whether it is necessary to set surety bonds. It is not required to do so any more. (See Site/Subdivision Surety Policy ‘Exhibit E’) Commissioner Wilson made a motion to rescind previous changes to the surety policy that allowed surety bonds. Vice Chairman Pacekonis seconded the motion. The motion carried by unanimous vote.
BONDS:
Vice Chairman Pacekonis made a motion to set a Bond in the amount of $4,500 for subdivision improvements associated with Appl. 12-18P, Colby Corner Subdivision. Commissioner Wilson seconded the motion. The motion carried by unanimous vote.
Vice Chairman Pacekonis made a motion to reduce the Landscaping Bond for Appl. 7-34P, M & S Paving, reducing the bond amount by $5,000 leaving a balance of $0. Commissioner Wilson seconded the motion. The motion carried by unanimous vote.
Commissioner Wilson made a motion to reduce the Erosion and Sedimentation Bond for Appl. 07-34P, M & S Paving, reducing the bond amount by $1,000 leaving a balance of $0. Vice Chairman Pacekonis seconded the motion. The motion carried by unanimous vote.
Commissioner Wilson made a motion to reduce the Subdivision Bond for Appl. 06-13P, DiPietro Estates, reducing the bond amount by $15,700 leaving a balance of $0. Vice Chairman Pacekonis asked if the bond had been for maintenance. Planner Lipe replied it was required for the frontage lots iron pins and buffering. Vice Chairman Pacekonis seconded the motion. The motion carried by unanimous vote.
MINUTES: 6-26-12 Minutes adopted by consensus. 7-10-12 Draft Minutes distributed for review.
OLD BUSINESS: see page 3
OTHER BUSINESS:
Commissioner Wilson inquired about the pink ribbon markers tied on the trees as seen on Chapel Road. The Commissioner received calls from concerned residents who had trees being cut down who thought the marked trees were the ones to be saved. Planner Lipe and Engineer Doolittle replied they were marked to be taken down and they would be finishing the trees cutting this week.
CORRESPONDENCE/REPORTS:
ADJOURNMENT:
Vice Chairman Pacekonis made a motion to adjourn. Commissioner Kuehnel seconded the motion. The motion passed by unanimous vote. The meeting ended at 8:35 p.m.
Respectfully Submitted,
Lauren L Zarambo
Recording Secretary
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