MEMBERS PRESENT: Patrick Kennedy, Bart Pacekonis, Mario Marrero, Billy Carroll, Elizabeth Kuehnel
ALTERNATES PRESENT: Stephanie Dexter, Will Butter, Stephen Wagner
STAFF PRESENT: Michele Lipe, Town Planner; Lauren Zarambo, Recording Secretary
APPLICATIONS OFFICIALLY PREVIOUSLY RECEIVED APRIL 23, 2013:
Appl. 13-14P, South Windsor Wellness Center -request for renewal of a 5-year major home occupation to operate a chiropractic therapeutic massage and hydrotherapy office on property located at 88 Nevers Road, RR zone
APPLICATIONS OFFICIALLY RECEIVED:
Appl. 13-17P, Ring Warrior Entertainment - request for a special exception to Section 7.13 Indoor Recreation - to operate a wrestling facility at 1257 John Fitch Boulevard, Bays 4 and 5, I zone
Appl. 13-18P, South Windsor Food Alliance Summer Farmers Market - request for a 2-year temporary & conditional permit to allow a farmers market weekly from June 29th through October 12th, offering produce and other items such as vegetables, fruits, cheese, meats, baked goods, soaps, candles, at the Charles Enes Community Center, 150 Nevers Road, RR zone.
Appl. 13-19P, Julie's Barks & Bubbles LLC – request for renewal of a two-year temporary and conditional permit to operate a doggie daycare and grooming business on property located at 1678 Ellington Road, RC zone
PUBLIC HEARING/ COUNCIL CHAMBERS
CALL TO ORDER: Chairman Kennedy called the Public Hearing to order at 7:30 p.m. and appointed Commissioner Dexter to be seated for Commissioner Wilson
Vice Chairman Pacekonis (for Secretary Commissioner Wilson) read the legal notice as it was published in the Journal Inquirer on Thursday, May 2 and Thursday, May 9, 2013 into the record.
- Appl. 13-14P, South Windsor Wellness Center – request for renewal of a 5-year major home occupation to operate a chiropractic, therapeutic massage and hydrotherapy office on property located at 88 Nevers Road, RR zone
Applicant Thomas Theroux of 88 Nevers Road presented the request for renewal of his 5 year major home occupation for South Windsor Wellness Center.
Town Planner Michele Lipe gave staff comments:
1. This is a request for renewal of an existing major home occupation at 88 Nevers Road, RR zone. Approval was first granted by the Commission in 1997 for a chiropractic office. The Commission approved a modification in 1998 to add massage therapy and hydrotherapy, and a renewal was approved in 2003 and 2008 as required.
2. The approval conditions of previous approvals include:
The business must be operated by the present homeowners.
Hours of operation are limited to Monday, Wednesday and Friday 4:00-8:00 p.m.; Tuesday 2:00-6:00 p.m.; Thursday 9:00 a.m.-1:00 p.m.; and Saturday 8:00 a.m.-2:00 p.m.
Refuse from the business cannot be disposed of with residential refuse. Adequate arrangements must be made for business refuse disposal.
3. We have had no concerns expressed about this business.
4. If this application is approved, the applicant would be required to return to this Commission upon expiration of the 5-year permit period.
No one from the public spoke in favor or opposition.
Vice Chairman Pacekonis stated he and many people utilize the business which is an asset to the community. He asked if applicant wanted to increase hours of operation. Mr. Theroux replied there are times on weekdays between 7 a.m. – 8 a.m. that would be beneficial to be open for clients.
The Public Hearing closed at 7:35 p.m.
- Appl. 13-11P, DeMallie Sign Zoning Amendment - request to modify Section 6.5.9.A of the zoning regulations to allow a building identification sign to be a minimum of 24 sf regardless of the size of the building
Applicant Peter DeMallie with Design Professionals Inc requested to correct the current zoning regulations in the Buckland Gateway Zone which only allow signage up to 6 square feet severely limiting visibility of signage especially to passing vehicular traffic. Mr. DeMallie questioned if this limitation was the intent of staff or the PZC and proposed a reasonable size of 24 square feet in replacement which is comparable to other commercial zones. This would apply to all properties in the gateway zone and be used per building not per business.
Town Planner Michele Lipe gave staff comments and showed the South Windsor Zoning Map:
- Request for amendment to Table 6.5.9A of the zoning regulations to modify the provision related to free-standing signage for building identification signs in the Buckland Gateway Development zone. For individual site signage, the current additional requirements state: “Shall contain no more than 1 square feet of sign area for each 1,000 sf of building area, but may be at least 6 sq ft regardless of the size of the building. This was a provision changed in the 2007 regulation update.
- The applicant is proposing to change the minimum of 6 sf to 24 sf of free-standing.
- Currently, any building in excess of 36,000 sq ft would be limited to a 36 sf sign, maximum of 10 feet in height. Signs in the Buckland Gateway Zone are not eligible to take advantage of the sign embellishment section of the regulations.
- The Buckland Gateway Zone runs along both sides of Buckland Road from the Manchester town line to Deming Street and then on the easterly side of Buckland Road from Deming Street to the four corners. The properties on the westerly side in this area are zoned restricted commercial- which treats signage differently. RC signage currently allows for 24 sf. per site (regardless of number of businesses). Proposed Signs in the RC zone do have the ability to take advantage of the sign embellishment regulations which allow for larger sign.
- In evaluating the impact this change would have, I would note that the current signs on the easterly side of Buckland Road in this general area of the four corners vary in size, with the largest being 24 sf.
- The concern I would have is for the multi-building sites – particularly those properties south of Deming Street. Along this stretch of road, we have several properties that have been developed with multiple building and businesses on one site. Under those development proposals, the applicant is allowed a 50 sf development sign at their entrance as well ass additional building and free-standing signage. Under this amendment all of those businesses would be eligible for 24 sf. of signage regardless of the size of the building which I think gets away from the intent of the current regulation.
- My recommendation would be to allow a 24 sf free standing sign when the property has only one building on it and not part of a larger development.
- CRCOG was noticed of the proposed changes as required and they responded that they “find no apparent conflict with regional plans and policies of the concerns of neighboring towns”.
No one from the public spoke in favor or opposition.
Commissioner Butter asked the Town Planner what was the minimal sign size in other zones. Ms Lipe replied from 24 sq ft up to 36 sq ft. Commissioner Dexter asked if a business had less than 24 sq ft would they be required to have more. Commissioner Carroll asked what would be the maximum sign size. Planner Lipe replied up to 36 sq ft. Commissioner Marrero asked about the size of the lettering within the sign and if there is some control over size of lettering. The Planner replied there is no control over any language or lettering within the size of the sign. Commissioner Wagner stated while serving on the ZBA larger signs were approved through variances. Mr. DeMallie stated regulations should cover the subject so that variances are not necessary. Vice Chairman Pacekonis asked about a previous requirement for street
numbers to be on signs. Lipe responded that street numbering and height is a requirement in the building code.
The Public Hearing closed at 7:55 p.m.
- Appl. 13-12P, DeMallie Indoor Recreation Zoning Amendment - request to amend Section 7.13 Indoor Recreation – Industrial Zone, to allow seasonal outdoor accessory uses to an approved special exception use such as entertainment, events, and outdoor recreational activities with site plan approval
Applicant Peter DeMallie went over the intent of the regulation amendment for seasonal outdoor uses from April through October to establishments already granted indoor recreational use. He described the proposed four items on the amendment for consideration. Noise limits could be required.
‘Revolutions’, an upscale bowling facility, has an adjacent patio which could be used for outdoor use with a maximum seating of 150 persons. This facility precipitated this zoning amendment application. If approved, Health Department comments and parking for Revolutions would be addressed at time of site plan application. Timing of the application is to take advantage of the good weather of the upcoming seasons. Mr. DeMallie introduced Doug Nation, owner, of Nomads and Revolutions, in the audience.
Town Planner Michele Lipe gave staff comments:
- Request for an amendment to the accessory uses allowed under Section 7.13 of the zoning regulations. Section 7.13 is the section that currently allows, by Special Exception, indoor recreational activities inside buildings that may be readily converted to traditional industrial uses, with the exterior of the building remaining industrial in appearance.
- This amendment proposes to expand the accessory uses currently allowed to add some seasonal outdoor activities, specifically entertainment including music and dancing; large events such as wedding, retirement parties with a maximum of 350 persons, outdoor area for consumption of food and beverages for up to 150 people; and outdoor recreation activities such as zip lines, climbing walls, etc.
- The proposal is to allow these additional uses be requested by a site plan modification. Considerations are for potential noise from outdoor entertainment and hours of operation for such activities, parking for events would be addressed at the time of the site plan.
- When you enact a regulation amendment, it is presumed that the infrastructure in the zone is suitable or you would not have adopted the amendment so this is the time that potential traffic impacts should be examined. This amendment applies solely to sites already permitted for Indoor Recreation uses in the Industrial zone areas, which are concentrated along Route 5 and the upper end of Sullivan Avenue. Generally, both Route 5 and Sullivan Avenue are capable of handling large volumes of traffic.
- Some other consideration for the PZC is the potential loss of usable industrial land to outdoor recreation uses.
- The current Town Plan of Conservation and Development includes a recommendation for revitalization and redevelopment of Route 5. The Plan does not suggest types of businesses for the revitalization effort.
- Sherry McGann from the Town Health Department has submitted the following memo related to this proposed amendment:
‘In regards to the proposed zoning amendment for Food Service Establishments as part of a permitted recreational zone in the industrial zone the following list of items need to be addressed prior to approval (including but not limited to):
- Adequate kitchen facilities for proposed use
- Plans for preparation, service and holding of food
- Mode and route of transport of food/beverages to proposed tented area(s)
- Appropriate hand washing facilities in preparation and service areas
- Adequate bathroom facilities tented areas
Food Service Establishments must be in compliance with Public Health Code requirements (Section 19-13- B42 and/or 19-13-B49). If approval is granted, detailed plans and an application for such a use must be submitted to the Health Department by the individual establishments for review and approval.’
- The Capitol Region Council of Governments has reviewed the amendment as required and reports that they find no apparent conflict with regional plans and policies or the concerns of neighboring towns.
- If this application is approved, the Planning Dept has no additional requested modifications.
Mr. Craig (Doug) Nation spoke in favor of the application describing his business which has no residential buildings around the facility. The international fuel cells nearby create ambient noise to cancel out any level of music.
No one spoke in opposition.
Commissioner Wagner asked about the use of zip lines. Mr. Nation stated there would be no zip lines at this facility. Mr. DeMallie stated there are multiple locations in South Windsor which would be amenable to zip lines. Commissioner Carroll asked if the outdoor facilities would be permanent. Mr. DeMallie stated it could be allowed with site plan approval from the Commission. The Commissioner then asked the Town Planner if the Commission would still have input on the approval process. Vice Chairman Pacekonis asked if outdoor recreation is allowed anywhere else in South Windsor. Michele replied, ‘No, not presently’. The Vice Chairman stated as an accessory use there does not seem to be any limit to the outdoor component. It could be approved as a right and suggested the route of Special Exception or Temporary
and Conditional permits. The Town Planner stated accessory use is defined in the regulations to be on the same lot and a subordinate use. Mr. DeMallie stated he had no problem changing there requirement for the outdoor accessory uses to be a special exception. Commissioner Kuehnel had no questions but supported Vice Chairman Pacekonis’s comments as did Commissioner Wagner. Planner Lipe made the recommendation to change the wording from site plan modification to a special exception.
The Public Hearing closed at 8:20 p.m.
- Appl. 13-17P, Ring Warrior Entertainment - request for a special exception to Section 7.13 Indoor Recreation - to operate a wrestling facility at 1257 John Fitch Boulevard, Bays 4 and 5, I zone
Applicants Kevin Charbonneau, 1257 John Fitch Boulevard, and Randy Jeer, introduced their application for a professional wrestling facility.
Town Planner Michele Lipe gave staff comments:
- Request for Special Exception to Article 7.13 of the zoning regulations to operate a wrestling training fitness facility in the existing building at 1257 John Fitch Boulevard, Bays 4 and 5, I zone.
- The existing building is approximately 24,600 sf. The wrestling facility will occupy about 3,600 sq ft. There are currently two other uses in the building: the dynamic personal training facility operates 3,600 sf and the Musante Motor Sports operates in the remainder of the space.
- The facility will have business hours Monday – Friday 6:00 p.m. – 10:00 p.m. and on Saturdays from 2:00 p.m. – 10:00 p.m. There are no changes proposed to the interior of the building.
- The parking requirement for indoor recreational use is one space per 250 sq ft, or 15 spaces. The applicant has 32 spaces and 2 handicap space dedicated for the recreational uses in the front parking area. There is additional parking available on the southerly side of the site and typically the classes take place after the industrial users have left for the day.
- The site is served by public water and sewer.
- If this application is approved, the Planning Dept requests no additional approval modifications.
No one from the public spoke in favor or opposition.
Vice Chairman Pacekonis asked if the facility was for personal training or events. Mr. Jeer stated they will be training professional wrestlers and would have events. The Vice Chair asked if there would be adequate parking available. Mr. Charbonneau described the parking as adequate and even more plentiful after working hours for events. He stated he owns the adjacent building on the same property which could offer overflow parking. Commissioner Carroll asked if there would be any modifications to the building. Mr. Charbonneau stated only a bathroom is being added. Signage (other than adding the business to the existing marquee) and outdoor lighting would not be changing from what is presently there. Commissioner Wagner, who visited the site, stated he had concern if children would be running around an industrial
site with trucks and asked what age groups would typically be there. The applicant stated no one under the age of 18. The Commissioner continued if there were events he had concern with children attending. Mr. Jeer replied it was a training facility for professionals and spectators could number 50 to 100 at events.
The Public Hearing closed at 8:25 p.m.
REGULAR MEETING / MADDEN ROOM
CALL TO ORDER: Chairman Kennedy called the Regular Meeting to order 8:20 p.m.
PUBLIC PARTICIPATION: None
NEW BUSINESS: Discussion/Decision/Action regarding the following:
THE FOLLOWING ARE MOTIONS MADE DURING THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION HELD IN THE MADDEN ROOM
Chairman Kennedy appointed Commissioner Butter to be seated for Commissioner Foley.
ITEM: NEW BUSINESS
- Appl. 13-14P, South Windsor Wellness Center – request for renewal of a 5-year major home occupation to operate a chiropractic, therapeutic massage and hydrotherapy office on property located at 88 Nevers Road, RR zone
A motion was made to approve by Commissioner Carroll with the following modifications:
- The business must be operated by the homeowner.
- The permit will expire on May 14, 2018, and will have to be renewed at that time.
- Only one non-resident employee can be hired.
- Hours of operation are limited to Monday 4:00-8:00 p.m.; Tuesday 7:00 a.m. – 8 a.m. and 2:00-6:00 p.m.; Wednesday and Friday 7:00 a.m. – 8 a.m. and 4:00-8:00 p.m.; Thursday 9:00 a.m.-1:00 p.m.; and Saturday 8:00 a.m.-2:00 p.m.
- Refuse from the business cannot be disposed of with residential refuse. Adequate arrangements must be made for business refuse disposal.
Seconded by Commissioner Kuehnel
The motion carried and the vote was unanimous.
- Appl. 13-11P, DeMallie Sign Zoning Amendment - request to modify Section 6.5.9.A of the zoning regulations to allow a building identification sign to be a minimum of 24 sf regardless of the size of the building
A motion was made to approve by Vice Chairman Pacekonis with the following modifications and adding the sentence
‘Properties that contain only one building on the site are allowed a minimum of 24 sq ft’
- The Planning and Zoning Commission finds the zone text amendment in conformance with the Town Plan of Conservation and Development
- The effective date of the zone text change is 5/20/13.
Seconded by Commissioner Carroll
The motion carried and the vote was unanimous.
- Appl. 13-12P, DeMallie Indoor Recreation Zoning Amendment - request to amend Section 7.13 Indoor Recreation – Industrial Zone, to allow seasonal outdoor accessory uses to an approved special exception use such as entertainment, events, and outdoor recreational activities with site plan approval
Commissioner Butter agreed with the proposal to have this amendment modified as a special exception as opposed to a site plan modification.
A motion was made to approve by Commissioner Kuehnel with the following modifications:
- The Planning and Zoning Commission finds that the zone text amendment in conformance with the Town Plan of Conservation and Development.
- The effective date of the zone text change is 5/20/13.
- Modification for accessory uses will require as Special Exception application.
Seconded by Commissioner Carroll
Commissioner Carroll voiced concern with the original request and asked if a Special Exception gives more control to the Commission. Vice Chairman Pacekonis stated it is required to get the indoor Special Exception first and the outside accessory uses for seasonal use only would also the requirement a Special Exception application.
The motion carried and the vote was unanimous.
- Appl. 13-17P, Ring Warrior Entertainment - request for a special exception to Section 7.13 Indoor Recreation - to operate a wrestling facility at 1257 John Fitch Boulevard, Bays 4 and 5, I zone
A motion was made to approve by Commissioner Carroll with the following modifications:
- All free standing signs and/or building signs require the issuance of a sign permit before they are erected.
- A building permit is required for any interior renovations.
Seconded by Commissioner Kuehnel
Commissioner Marrero asked if age, 18 and older, which came up in discussion, should to be included in the approval. Chairman Kennedy stated it is not a zoning issue and the request is proposed as professional rather than amateur wrestling. Commissioner Carroll asked about allowed occupancy and parking. The Planner stated the issue of occupancy is one for the Fire Marshal. Vice Chairman Pacekonis asked if special events would be providing food or beverages. The Planner stated temporary food permits would be required if any food were going to be offered. Chairman Kennedy stated health regulations would also come in to play.
The motion carried and the vote was unanimous.
- Preliminary discussion with Tim Shepard regarding conceptual subdivision plans for various parcels of land in the Main Street
Mr. DeMallie, representing Mr. Shepard who was out of town, and the Town Planner described maps portraying conceptual subdivision proposals of how the property on and around Main Street could be developed under the existing zoning requirements. This is being done to establish land value so when/if the land is put into conservation there will be a base value for the land. Mr. Shepard, president of the South Windsor Land Conservation Trust, is conservation minded and appreciates and is involved with development, but would rather land in the area of Main Street be preserved as open space and farmland. These conceptual proposals are not to be actualized but to be viewed hypothetically by appraisers to create value for the property. Mr. DeMallie asked the Commission, without going through a formal review process, to
state on the record that the maps show relatively reasonable subdivision proposals consistent with the regulations.
Chairman Kennedy stated we are here informally. This is a build out analysis under our regulations. A formal motion will not be made but a consensus of the Commission is possible to get an informal opinion for the purchase of development rights by the state. Kennedy asked for a consensus from the Commission which agreed that the Town Planner is empowered to make the statement to the state and/or other interested parties.
- Preliminary discussion with Ray Favreau, Director of Recreation regarding the “Skate Park” proposed at Nevers Road Park, behind the Community Center, 150 Nevers Road, RR zone
Ray Favreau, Director of Parks and Recreation, liaison to the Park and Recreation Commission and the staff advisor to the current Skate Park Committee, presented the Skate Park proposal. A master plan for the Park and Recreation Commission was created in 2000, adopted in 2001, which identified a critical void in Park and Recreation facilities for a place for local skaters to perfect their skating skills in a safe environment. Without a designated area, they are using town facilities and private sites and it can be dangerous. They need a place to go. Since 1999, 300 kids have requested such a facility. New strategy pulled together local skaters to come to Town Council meetings over a 6 month period and $95,000 was raised. A safe designated area is being proposed in the centrally located Nevers Park which will be
accessible to all levels of skater’s skill and bmx bikers. It is designed on a sloped property using the existing topography to advantage. Mr. Favreau passed out two additional drawings with dimensions of the park and how it will be phased in. The hope is to have the park up and running this summer. It will be a concrete structure of material of choice of precast concrete.
Chairman Kennedy stated the Recreation Department should submit their plans to staff unless there is something which warrants PZC approval. Town Planner Lipe stated this was discussed with Town Engineer, Jeff Doolittle. There are some questions about grading and drainage and a link up to the existing sidewalk which should be addressed on the plan before construction. Commissioner Carroll asked if lighting was required. Mr. Favreau stated there are no plans for lighting. It is for daylight use only. Commissioner Butter suggested the path to the park be unpaved to deter skating into other areas. The majority of people using the park will be middle school aged. The Skate Park is proposed in a safe, centralized, visible location which will have rule boards installed for safe use accessible for all kids.
BONDS: Callings/Reductions/Settings
- Appl. 07-59P, Caron Site Bond in the amount of $10,000 to be reduced by $5,000 to leave a balance of $5,000.
Vice Chairman Pacekonis made a motion to reduce the above mentioned bond. Commissioner Dexter seconded the motion. The motion carried and the vote was unanimous
- Appl. 07-69P, Dzen Tree Farm, Phase III Subdivision Bond in the amount of $974,000 to be reduced by $249,000 to leave a balance of $725,000
Commissioner Carroll made a motion to reduce the above mentioned bond (2.) and the below mentioned bond (3.)
- Appl. 08-48P, City Vista Subdivision Bond in the amount of $2,000 to be reduced by $2,000 to leave a balance of -0-
Vice Chairman Pacekonis seconded the motion. The motion carried and the vote was unanimous.
- Bond Setting Engineering recommends a bond in the amount of $20,950 for Appl. 13-06, GDS Estimating
Commissioner Carroll made a motion to set the above mentioned bond. Commissioner Dexter seconded the motion. The motion carried and the vote was unanimous
MINUTES: 04/09/13 adopted by consensus.
OTHER BUSINESS:
Town Planner asked the Commission for input on how to permit chickens at the Ticket Network site. Ticket Network employees were asking about the possibility of keeping chickens or hens to have fresh eggs. The chickens would be cared for by the employees. The Commission indicated that type of application would be best handled through a 2-year Temporary and Conditional permit.
CORRESPONDENCE/REPORTS: None
ADJOURNMENT:
Motion to adjourn the meeting at 9:35 p.m. was made by Vice Chairman Pacekonis.
Seconded by Commissioner Kuehnel
The motion carried and the vote was unanimous.
Respectfully Submitted,
Lauren L Zarambo
Recording Secretary
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