MEMBERS PRESENT: Patrick Kennedy, Viney Wilson, Bill Carroll, Mario Marrero, Elizabeth Kuehnel, Kevin Foley (to Town Council at 8 p.m.), Bart Pacekonis (arrived after meeting commenced)
ALTERNATES PRESENT: Stephanie Dexter (seated for Kevin Foley), Will Butter (seated for Bart Pacekonis until his arrival)
STAFF PRESENT: Michele Lipe, Town Planner; Lauren Zarambo, Recording Secretary
APPLICATIONS TO BE OFFICIALLY RECEIVED:
REGULAR MEETING / MADDEN ROOM
CALL TO ORDER: Chairman Patrick Kennedy called the Regular Meeting to order at 7:30 p.m. and appointed Commissioner Butter to be seated for Commissioner Pacekonis.
PUBLIC PARTICIPATON: None
NEW BUSINESS: Discussion/Decision/Action regarding the following:
- Appl. 13-01P, Sullivan Place LLC – request for site plan approval for a site access and clearing plan for a future project to be known as “Sullivan Place Centers”, on property located on the southerly side of Sullivan Ave. (across from Morgan Farms and Hillside Drive), GC zone
Phil Tartsinis representing Sullivan Place Center presented the application introducing Bob Arsenault, Professional Engineer, to answer any technical questions. Of the 17.6 acre lot they are looking to clear 5.4 acres. The clearing limits were established by prior wetlands approval. At this time only the clearing is being considered as they are now waiting for traffic study reports from Jim Bubaris who is representing the town and David Spear who is conducting a traffic study for Mr. Tartsinis. The 5.4 acre area is within the clearing limits and they will be giving a conservation easement of 8.49 acres to be added to the Major Donnelly Land Trust and also a .17 acre access to the Major Donnelly trail system. Bob Arsenault, planning engineer for the project, spoke about the access drive being reviewed by Jim Bubaris and
the state DOT. By the request of the Town Planner, if there are any large specimen trees to be preserved they will work with town tree warden for any trees needing to be saved. Temporary and permanent seeding schedules are planned if there is any disturbance of the soils due to stumping operations. Silt fences along the perimeters of the clearing limits have been installed to delineate those clearing limits and to address any erosion from the area. Any approval for access to the site is being deferred to a future meeting because there are two ongoing reviews of the access at this time.
Vice Chairman Pacekonis arrived at 7:36 p.m.
Town Planner Michele Lipe stated the plans provided include what has been previously approved by the IWA/CC and gave the following staff comments:
- Request for clearing and minor regrading of 5.4 acres approval on property located on the southerly side of Sullivan Ave. across from Hillside and Morgan Farms Drive, GC zone. The purpose of the permit is to allow clearing within the limits established so that the property can be marketed.
- The proposed operation will be accessed solely from a proposed curb cut that is shown in the middle of the site. This access will contain an anti-tracking pad and the clearing limits will be delineated in the field by a silt fence.
- Once the access for this property is finalized through the Town and the State, the temporary access drive will be eliminated and the approved access with be utilized. The applicant has added a note on the plans.
- The applicant has also added notes indicating that any specimen trees along the Sullivan Avenue will be identified in the field and saved if possible. The site will be stabilized after the clearing has been completed.
- The permanent access for this property is still being reviewed. The town has hired Jim Bubaris, Traffic Engineer to do a peer review of the traffic report submitted. Mr. Bubaris has requested additional information and the applicant’s traffic engineer is working to provided that data. We would anticipate having that information for a February meeting.
- A site plan of development will be required before any further construction is permitted on the site.
- A permit from the IWA/CC was required. (The plan the IWA/CC reviewed and approved is included for your information.) This application was heard by IWA/CC on November 21st and approval was granted including the following requirements: 1) Bonds shall be collected in the amount of: $50,000.00 for installation of stormwater structures; $30,000.00 for mitigation habitat plantings; $10,000.00 to ensure proper placement and maintenance of erosion and sediment controls. 2) A landscape plan, including the mitigation plantings and invasives control, and basin plantings shall be
submitted to Town Staff for approval. 3) The conservation easement shall be increased to include the area on the south side of the property.
- We would require the applicant to post the required bonds for mitigation and erosion and sedimentation controls before the clearing is initiated.
If this application is approved, the Planning Dept has additional approval modifications to request.
Commissioner Marrero clarified that only the clearing portion of the application was being addressed at this time and asked if the clearing area could change if in review of the site plan a new access to an adjacent lot was required. Planner Lipe confirmed it could potentially change the clearing area and typically the clearing area is established at the time of the site plan approval for buildings, parking, etc. Mr. Tartsinis stated there will be retail and office uses on the site. Their soil scientist said the entire site was cleared in the sixties. They own the adjacent property and at time of the site plan review they are open to connecting the properties and it could be a condition of approval. Mr. Tartsinis stated they are putting in a traffic signal at the cost of $140,000 and widening Sullivan Avenue in front of
the adjacent plaza. Marrero asked about any geometric improvements with the signal design. Mr. Tartsinis replied when the signal is installed there will be breaks in the traffic benefitting the area. The Town Planner and Mr. Tartsinis showed the roadway plan and described the driveway improvements including the widening Sullivan Ave. four feet on both sides allowing turning lanes in both directions and crosswalks. Previously Mr. Tartsinis did a separate bond in 2011 for drainage and widening the driveway. Mr. Arsenault stated access has not been finalized as far as approvals because of the ongoing work being done with David Spears and Jim Bubaris coordinating the signal design with the other signal at Geissler’s Plaza.
Commissioner Carroll questioned if clearing the site meant just removing scrub. Planner Lipe stated it is a tree’d lot. Mr. Tartsinis replied they will be clearing within the limits and giving the conservation and access easements and will be allowing resident parking for the land trust use. Commissioner Butter asked why the upper left section shown on the map was being cleared. Mr. Arsenault replied as part of their wetlands mitigation plan they will clear invasive species of plant materials and do interplanting of new wetlands plantings.
Commissioner Carroll made a motion to approve ‘part one’ of the application with the following modifications:
- This approval is for site clearing only. The access is still under review and will be acted on at a subsequent meeting. A site plan must be submitted prior to any building permits.
- Prior to commencement of any site work, a meeting must be held with Town Staff.
- This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission, including a bond in the amount of $10,000 to ensure compliance with erosion & sediment control measures; $30,000 wetlands mitigation and $50,000 stormwater structure establishment.
- All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
- Large specimen trees along the Sullivan Avenue frontage are to be identified in the field and reviewed the Senior Environmental Planner to see if any can be saved.
- The temporary access is to be eliminated once the permanent access is approved and stable.
- The site must be stabilized no later than the June 2013.
Commissioner Wilson seconded the motion. The motion carried and the vote was unanimous.
Chairman Kennedy appointed Commissioner Dexter to be seated for Commissioner Foley while he attends the Town Council meeting.
- Preliminary discussion with Dick Mellen regarding changes to existing business, G & R Marine, located at 44 Kimberly Drive, I zone
Peter DeMallie of Design Professionals Inc., representing Dick Mellen, described the G & R Marine location. In 2004 or 2005 the Commission approved a 2nd building for the expanding boat business and put in an interconnecting driveway between the two sites. The boat business is changing and they now need to consolidate operations. Mr. DeMallie showed on a map of the site their plan to consolidate business into the larger of the two facilities and lease or sell the other building, removing the driveway and replacing it with landscaping. Primarily, changes to site will be internal to the building constructing a wall to separate a service and parts area from office. The exterior is to remain the same with 13 parking places restriped to 15 to 16 places. Mr. DeMallie stated they are reducing their operations of
new and used boat sales. Yamaha jet boats are their primary line and G & R is the third largest store in the world for Yamaha jet boat sales at roughly 100 sales annually as well as parts, service and sales of used boats. Sylvan pontoon boats is another major line for the business. They now are going back into the Four Winds business as well. The dynamic of boat sales has changed and to have a full inventory on site is not needed.
One area of the business is in the GC zone; however the site they want to consolidate to is in the industrial zone. Mr. DeMallie proposed four options for working out the issue of zoning: a text amendment, a zone change, a special exception with a public hearing for a similar use like auto dealerships in the area or a site plan modification allowing the sales area to be greater than 20%. The interaction will be removed once consolidation of the site occurs and a buffer landscape treatment is planted between the industrial and residential area. Outdoor storage of boats in the off season will continue but will have to be cut back to accommodate the site. All other boats on site for sale or being repaired will be stored outdoors.
Vice Chairman Pacekonis asked the Town Planner how to classify the site for the approval process. Ms. Lipe replied the general commercial RT 5 site has been the operation for the sales and on the industrial side was for storage and general contractor use for repairs. No sales were to occur at the Kimberly Road site.
Vice Chairman Pacekonis asked Mr. DeMallie how the business fits into the use of industrial. Mr. DeMallie replied in an industrial zone you are allowed to do something similar through a special exception with 20% of the building used for sales. Planner Lipe interjected incidental sales on 20% of your floor area in an industrial zone. All agreed sales would be more than 20% and Mr. DeMallie replied for this reason they would like to pursue a site plan modification.
Commissioner Carroll asked if there is precedent in the industrial zone for a special exception use? Planner Lipe replied this may be the first time we’ve had this type of question similar to a special exception use. Chairman Kennedy asked if that meant auto sales and is anyone selling vehicles in an industrial zone. Planner Lipe stated there is criteria for the display of automobiles in Special Regulations Section 7.9–7.12, display of new and used vehicles for sale, but there is no one displaying vehicles for sale outdoors in an industrial zone. The only ones approved were by special exception to sell inside their building usually in the case of a general repairers license adding a used car dealers license. Chairman Kennedy asked if that would then be more than 20% of their area. Planner Lipe replied
approval was given for the special exception for the used car dealership so the measurement did not apply. Mr. DeMallie pointed out a number of provisions and Chairman Kennedy stated we’ve allowed an excess of 20% for sales by a variance. In effect we’ve allowed not technically a waiver but by special exception of 20% only indoors. We’ve never had retail sales outdoors. Mr. DeMallie stated the display will be indoors but the primary inventory of boats will be outside. Chairman Kennedy stated his concern of setting the precedent for auto auctions with retail sales eating up the industrial zone. Mr. DeMallie stated it looks like an industrial building; it will function as one and could be changed back to an industrial building later.
Vice Chairman Pacekonis asked if the site was fenced in stating outdoor storage of materials in an industrial zone is standardly screened. Mr. DeMallie stated this was a case where the inventory would need to be seen. Chairman Kennedy stated he does not want to see the industrial zone fill with auto dealers that industrial zones should be generating tax revenue for the best use of the community. Planner Lipe suggested creating a narrative describing the business and the nature of the sales. Mr. DeMallie stated sales would take place indoors at a desk in the office portion of the great room. Commissioner Carroll asked how many boats were expected to be for sale on site in the summer months. Mr. Mellen stated 15 to 20 about half of what was shown on the map. Planner Lipe stressed when inviting the public onto the site boat
storage will have to be more organized and the parking delineated. Chairman Kennedy stated if a completely new retail business wanted to go into this site they would be guided to a general commercial zone but we are sympathetic to a South Windsor business after 45 years in the business.
Commissioner Marrero asked if they will be seeking any signage. Planner Lipe stated there is already a sign zoned on the corner in compliance for the lot and something will have to be worked out with the owner prior to obtaining a sign permit.
Chairman Kennedy stated his inclination would be to handle it as a special exception similar to a car dealership. The Commission was in consensus. The Chairman continued suggesting structuring the application to apply narrowly to this situation. Vice Chairman Pacekonis stated hypothetically this approach would be cheaper than a temporary & conditional permit renewed every 2 years.
- Discussion regarding proposed fee increases for Planning and Zoning applications
Planner Lipe presented a matrix of fees created in 2009 updated with current fees charged by area towns to the Commissioners for consideration. The Commissioners discussed the fee schedule with some suggested changes. It was the consensus of the Commission to take the proposal to a public hearing.
BONDS:
Appl.11-38P, Buckland Commons E&S $10,000 Bond to be reduced by $5,000 to leave a balance of $5,000; Wetlands $20,000 Bond to be reduced by $5,000 to leave a balance of $15,000; Stormwater $30,000 Bond to be reduced by $20,000 to leave a balance of $10,000.
Vice Chairman Pacekonis made a motion to approve. Commissioner Kuehnel seconded the motion. The motion carried and the vote was unanimous.
MINUTES: 01/08/2013 adopted by consensus.
OTHER BUSINESS: None
CORRESPONDENCE/REPORTS:
A new training, CT Land Use Law for Municipal Land Use Agencies, Boards and Commissions, is being offered to any interested Commissioners.
A document from CRCOG Sustainable Land Use Code Project, Potential Priority Sustainable Code Amendments, was distributed as interesting topics for the Commissioners.
ADJOURNMENT:
Vice Chairman Pacekonis made a motion to adjourn the meeting. Commissioner Wilson seconded the motion. The motion carried and the vote was unanimous. Chairman Kennedy closed the regular meeting at 9:00 p.m.
Respectfully Submitted,
Lauren L Zarambo
Recording Secretary
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