MEMBERS PRESENT: Patrick Kennedy, Bart Pacekonis, Viney Wilson, Mario Marrero, Elizabeth Kuehnel,
ALTERNATES PRESENT: Stephanie Dexter, Will Butter, Stephen Wagner
STAFF PRESENT: Michele Lipe, Town Planner; Jeffrey Doolittle, Town Engineer; Lauren Zarambo, Recording Secretary
APPLICATIONS OFFICIALLY RECEIVED MARCH 12, 2013:
- Appl. 13-07P, Pelletier Major Home Occupation – request for a 5-year renewal of a major home occupation of a hair studio “Studio 549” on property located at 549 Ellington Road, RR zone
- Appl. 13-08P, Hedley Accessory Building In-Law Apartment – request for a 5-year approval for an in-law apartment to be located in a detached accessory structure, on property located at 1139 Main Street, A-40 zone
- Appl. 13-09P, Hernandez Temporary and Conditional Permit – request for a 2-year temporary and conditional permit (Section 2013.a) to allow for temporary living space, on property located at 47 Hitchcock Way, Designed Residence 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 Carroll, Commissioner Wagner to be seated for Commissioner Foley and Commissioner Butter to be seated for Commissioner Pacekonis who then arrived at 7:34 p.m.
Secretary Viney Wilson read the legal notice as it was published in the Journal Inquirer on Thursday, March 14 and Thursday, March 21, 2013 into the record.
- Appl. 13-07P, Pelletier Major Home Occupation – request for a 5-year renewal of a major home occupation of a hair studio “Studio 549” on property located at 549 Ellington Road, RR zone
Linda Pelletier, owner of Studio 549 located at 549 Ellington Road, requested a 5 year renewal of her hair salon business. She indicated there were no changes being requested.
Town Planner Michele Lipe gave staff comments:
Request for renewal of a 5-year major home occupation permit to continue operating a hair salon at 549 Ellington Road, RR zone. The salon was first approved in 1997 and renewed in 2002 and 2008. We have not received any complaints about this home occupation.
The business operates five days a week, varying hours between 10 am and 8 pm, by appointment.
The existing house is served by public sewer and water. There currently is an in-law apartment approved above the garage as well. The applicant will be required to get WPCA approval for the sewer connection for the business.
The applicant has part-time employees, including her daughter who has her message therapy license. The applicant had a similar situation at her 2008 renewals.
The site has two curb cuts. The parking requirement is met within the existing driveway. There is a significant amount of space available for parking on site. Refuse collection is handled privately.
The applicant has a two square foot sign, which is permitted by the regulations.
If renewed, the applicant will be required to return to this Commission for renewal upon expiration of the 5-year permit period.
The Town Engineer had no comments.
No one from the public spoke in favor or opposition.
Vice Chair Pacekonis asked about the hours of operation. Ms Pelletier clarified her working hours totaling 22 hours weekly. The Vice Chair asked if additional hours were required now was the time to make the request. Ms Pelletier stated she did not want to increase her hours.
The Public Hearing closed at 7:35 p.m.
- Appl. 13-08P, Hedley Accessory Building In-Law Apartment – request for a 5-year approval for an in-law apartment to be located in a detached accessory structure, on property located at 1139 Main Street, A-40 zone
Kelley Hedley, applicant and owner of 1139 Main Street, presented her application to extend the back of their two car garage to create a 799 sq ft in-law apartment to accommodate her aging mother on a single floor. A variance was previously granted earlier this year by the Zoning Board of Appeals to expand the footprint. Full sewer service exists. A deed has combined their two lots into one lot so they have no issues with set backs.
The Town Planner gave staff comments:
This is a request to create a detached in-law apartment by expanding an existing accessory structure on property located at 1139 Main Street, A-40 zone. The applicant is proposing to convert and expand the existing room off of the detached garage into an in-law apartment. The applicant does own the property to the north and has been combined by deed with 1139 Main Street.
The regulations provide for existing accessory structures to be converted to in-law apartments provided the following criteria are complied with:
- The conversion of the accessory building shall not include any expansion of the footprint of the accessory building;
- The detached accessory building will observe all setbacks required of a principal structure;
- The accessory apartment shall have a minimum living space of 500 square feet, and a maximum living space of 800 square feet;
- The entire structure must maintain the appearance of a single family dwelling;
- Off street parking for 3 vehicles must be accommodated;
- Adequate water and sewage disposal must be provided; and
- The owner of the dwelling units must occupy either the in-law apartment or the main dwelling unit.
- The plans submitted show the elevations of the addition as well as a floor plan of the in-law apartment. This in-law apartment is proposed to be 800 square feet. The last page is the floor plan which shows how the applicant intends to use the space once it is no longer being used as an in-law apartment.
- The applicant did receive a variance from the ZBA on January 3, 2013 to allow for the expansion of the existing structure to accommodate the in-law apartment. The plot illustrates the expansion proposed.
- The accessory structure currently has a sewer hook-up, so WPCA approval will not be required.
- If this application is approved, the Commission may grant approval for up to 5 years. At the end of the permit period, if the family situation has not changed, the applicant may request renewal by staff.
The Town Engineer had no comments.
Denise Douglas, the applicant’s mother-in-law, spoke in favor of the application. No one from the public spoke in opposition.
Commissioners asked questions.
The Public Hearing closed at 7:45p.m.
- Appl. 13-09P, Hernandez Temporary and Conditional Permit – request for a 2-year temporary and conditional permit (Section 2013.a) to allow for temporary living space, on property located at 47 Hitchcock Way, Designed Residence zone
Alma Hernandez, applicant and owner of 47 Hitchcock Way, presented her application to build an additional attached garage to house an apartment for her elderly father stating the apartment in the garage will be removed after her father’s use and will be converted back into a garage.
The Town Planner gave staff comments:
- Request for a temporary & conditional permit to allow the creation of temporary living space, 312 square feet, located at 47 Hitchcock Way, Designed Residence zone.
- The applicant’s proposal is to construct a second garage and temporarily turn it into living space to accommodate care for a relative. Ultimately, it is the applicant’s to utilize the space it as a garage. The reason PZC approval is needed is because there is a zoning regulation that restricts the size of living space in the Designed Residence zone and she would exceed that size with this additional living space. Mrs. Hernandez has submitted a letter of approval from the association for this additional space. She has also provided a marked up plot plan, floor plan as well as a picture illustrating the second garage.
- 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 two 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.”
- There are no Engineering comments on this application.
- The applicant would be required to meet all building codes for this space and permits would be required.
- If this application is approved, there are no Planning Department modifications to request.
The Town Engineer had no comments.
No one from the public spoke in favor or opposition.
The Commissioners had questions.
The Public Hearing closed at 7:50p.m.
- Appl. 13-06P, GDS Estimating – request for a 1 lot resubdivision and site plan of development for a 13,000 sq ft industrial building on property located on the northerly side of Governor’s Highway, easterly of Nutmeg Road North (to be known as 470 Governor’s Highway), I zone
Chris Eseppi, with PDS Engineering and Construction representing GDS, described the location of the re-subdivision and showed plans. The Commission previously approved an application on the property in 2005 for a multi lot subdivision called ‘Executive Court’. The project was never completed but many easements approved were filed with Town Clerk. As a result, the elimination of drainage easements on non existent lots was done through the Town Council. A new building was constructed a few years ago called ‘G S Scrap’ on Nutmeg Road North. This proposal is to re-subdivide the undeveloped land and create a two acre building lot with frontage on Governor’s Highway leaving the rest of the land undeveloped. The proposal is for a new 13,000 sq ft commercial building to be built in two phases.
IWA/CC and ADRC approvals have been received. Conservation easements will remain in order to protect wetlands on the property. A ‘site walk drawing’ showing the existing vegetation illustrated the 50’ buffer area of white pine and red spruce in the eastern portion of the property. The preexisting drainage swale will remain. Any disturbance will be mulched. They are requesting a waiver of the street tree easement requirement because the entire area is tree’ed and they will be planting trees in the two acre developed area. They are also requesting a sidewalk to not be required to place sidewalks along the frontage as there are no sidewalks in the area.
Town Planner Lipe gave staff comments:
- Request for approval of a resubdivision for a 1 lot resubdivision and site plan of development for a 13,000 sq ft industrial building on property located on the northerly side of Governor’s Highway, easterly of Nutmeg Road North (to be known as 470 Governor’s Highway), I zone
- The existing property is 38.6 acres, with over 2200 feet of frontage on Governor’s Highway and 558 feet of frontage on Nutmeg Road North. This is the last major property on the north side of Governor’s Highway and extends to the residential zone boundary on the east.
- Minimum lot size required in this I zone is 30,000 sq ft. This new lot is proposed to be 2 acres. Minimum required frontage is 100 feet; 259 feet provided.
- As a part of the subdivision approval, there is a required 50’ buffer along the eastern property abutting the residential zone on Governor’s Highway, and a buffer planting plan is included. Existing vegetation in the buffer area is sparse. The rear half of the buffer is constrained because it has a drainage swale in it. The proposed buffer is concentrated primarily toward the front of the site, where there are existing residences adjacent to the buffer. The majority of the buffer will consist of two types of evergreens, red spruce and white pines, and will include some interplanting of junipers and forsythia. The rear portion of the buffer will be interplanted with white pines. It is possible that the buffers will need to be supplemented when additional site plans are presented.
- Sidewalks are not shown in conjunction with this development. Currently, there are no sidewalks in the immediate area. Subdivision regulations section 4.B.6, Circulation System Design, includes a provision that the Commission may require sidewalks on existing street frontage, depending on pedestrian circulation patterns and existing site conditions. The PZC should decide if sidewalks should be installed along the applicant’s Governors Highway frontage, a may consider only requiring sidewalks in front of this developed lot at this time.
- A street tree easement, are shown in the front of the new lot along the property’s existing Governor’s Highway frontage, and Nutmeg Road North frontage. However, they are only proposing to plant street trees in front of the new lot. Is it the applicant’s intent to request a waiver for planting any additional trees?
- The proposed site plan is a proposal for 13,000 square feet and is shown in two phases. There will be a single access off of Governor’s Highway for the site. The zoning data block breaks down the requirements for both phases. At full build, the maximum impervious coverage allowed is 65%, 48% proposed. Proposed building height is 20 feet; 40 feet allowed. Front yard setback is about 49 feet, 35 feet required. The parking requirement for this building is 31 spaces, 31 have been provided.
- There are overhead doors included along the eastern side of the building. The closest residential property is approximately 400 feet away. There is no outdoor storage proposed on the site plan.
- New site lighting will consist of full cutoff light poles in the parking area, 25 foot in height, as well as building mounted lighting. There is no signage proposed at this time
- Architectural and Design Review Committee reviewed this site on March 21. They were satisfied with the proposal as presented.
- There are regulated wetlands just north of the new lot being created. The applicant received IWA/CC approval with modifications on March 20, with a $5,000 bond for erosion & sediment control and a $10,000 bond for the installation of the stormwater system.
- The site is served by public water and sewer. Water Pollution Control Authority approval is required for the seer connection.
- The Fire Marshal has reviewed the plan and has no comments.
- If this application is approved, the planning department requests the following modifications to the resubdivision plan: A 5 year cross-section and maturity cross-section of the buffer area must be provided.
Town Engineer, Jeff Doolittle, gave staff comments:
- Plans needs to be signed and stamped by a CT licensed surveyor and CT professional engineer in accordance with regulations.
- The sanitary sewer lateral from the new building will be difficult to construct into the existing manhole as shown. The proposed monitoring manhole can be moved over the existing sewer main and the building lateral can be run into this new manhole with an outside drop. This will shorten the pipe needed, a new connection will not be needed into the existing manhole and no easement is needed fro the new manhole because it will be in the Town’s ROW.
- Sanitary sewer connection must be reviewed and approved by WPCA.
- Dimensions for the width of the driveway should be shown.
- A painted stop bar and stop sign at the end of the driveway in the lane existing onto Governor’s Highway should be shown
- Elevation of the proposed emergency overflow spillway from the north end of the swale should be shown in a detail for this spillway.
- Details for the construction of the proposed outlet structure should be shown.
- Town standard details for the proposed sidewalks should be used.
No one from the public spoke in favor or opposition.
Vice Chair Pacekonis asked about the purpose of waiving sidewalks and street trees stating the intention is to have a walk-able community and stated his concern for setting a precedent for the future. Mr. Eseppi stated street trees will be planted in the street tree easement area on the lot proposed to be developed. They did not feel sidewalks were warranted as there are no sidewalks in the area. Commissioner Marrero asked what GDS Estimating produces. Mr. Eseppi replied it is a service company with pick up trucks coming in the morning and going off to job sites and a trailer truck coming in once a week to deliver supplies. Commissioner Marrero asked the Town Planner if truck traffic was prohibited traveling from the area in an easterly direction. The Commissioner urged for trucks exiting the area to go out toward
Route 5. Commissioner Wagner also asked about the tree easement waiver and would like to see sidewalks installed as the larger property is more fully developed.
The Public Hearing closed at 8:15 pm.
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:
ITEM: NEW BUSINESS
- Appl. 13-07P, Pelletier Major Home Occupation – request for a 5-year renewal of a major home occupation of a hair studio “Studio 549” on property located at 549 Ellington Road, RR zone
A motion was made to approve by Commissioner Wilson with the following modifications:
- The business must be operated by the homeowner.
- The permit will expire on March 26, 2018 and will have to be renewed at that time if the home occupation is to continue.
- Refuse from the business cannot be disposed of with residential refuse. Adequate arrangements must be made for business refuse disposal.
- WPCA approval is required for the sanitary sewer connection to the business.
Seconded by Commissioner Kuehnel.
The motion carried and the vote was unanimous.
- Appl. 13-08P, Hedley Accessory Building In-Law Apartment – request for a 5-year approval for an in-law apartment to be located in a detached accessory structure, on property located at 1139 Main Street, A-40 zone
A motion was made to approve by Vice Chairman Pacekonis with the following modifications:
This approval is for an in-law apartment for a family member/relative only. When the in-law apartment is no longer occupied by a relative of the family, the apartment cannot be treated as a second dwelling unit. Instead, the kitchen must be removed and the living area must be converted into other living space for the main dwelling.
This permit will expire in five years, on 3/26/18, and will have to be renewed at that time if the use is to be continued. Owner(s) of the property must reside in the in-law apartment or the main dwelling unit.
Any new building or alterations/additions to existing buildings require a building permit prior to start of construction.
The building footprint must not exceed 15% of the lot area, in accordance with Table 3.2.1.A of the zoning regulations.
Seconded by Commissioner Wilson.
The motion carried and the vote was unanimous.
- Appl. 13-09P, Hernandez Temporary and Conditional Permit – request for a 2-year temporary and conditional permit (Section 2013.a) to allow for temporary living space, on property located at 47 Hitchcock Way, Designed Residence zone
A motion was made to approve by Vice Chairman Pacekonis with the following modifications:
- This approval is for living space for a family member/relative only. When the space is no longer occupied by a relative of the family, the living area must be converted into the garage as proposed.
- This permit will expire in five years, on 3/26/15, and will have to be renewed at that time.
- Any new building or alterations/additions to existing buildings require a building permit prior to start of construction.
Seconded by Commissioner Wilson.
The motion carried and the vote was unanimous.
- Appl. 13-06P, GDS Estimating – request for a 1 lot resubdivision and site plan of development for a 13,000 sq ft industrial building on property located on the northerly side of Governor’s Highway, easterly of Nutmeg Road North (to be known as 470 Governor’s Highway), I zone
A motion was made to approve the minor resubdivision by Vice Chairman Pacekonis with the following modifications:
This approval is for two (2) lots.
Drainage and construction for this subdivision is subject to the approval of the Town Engineer.
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.
Water shall be supplied to this subdivision by public water.
This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission.
If, for any reason, finished grading and other individual lot site work is not completed, the Town Engineer shall determine the amount of a cash bond to ensure final grading and site work. This cash bond must be submitted prior to issuance of a Certificate of Occupancy.
A drainage assessment fee in the amount of $50.00 shall be submitted to this Commission.
No building permits will be issued until all modifications have been complied with, and the final plans have been filed in the Town Clerk's office.
Trees within the street trees easement and any other trees on land that is currently or will in the future become Town-owned land are to be planted in accordance with the enclosed Tree Planting Specifications. The street easement is only required on the proposed building lot. Consideration for extending the easement will be made as further lots are developed.
All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
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 issuance of building permits. All deeds for open space, public improvements and roadways must be submitted prior to request for Town acceptance; all deeds must be in accordance with the policy for accepting deeds and must be approved by the Engineering Department and Town Attorney.
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 and shall be posted prior to filing the final plans in the Town Clerk’s office.
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.
Engineering comments dated 3/26/13 must be incorporated into the final plans.
A 5 year cross-section and maturity cross-section of the buffer area must be provided.
Seconded by Commissioner Kuehnel.
The motion carried and the vote was unanimous.
A motion was made to approve the site plan by Vice Chairman Pacekonis with the following modifications:
Prior to commencement of any site work, a meeting must be held with Town Staff.
No building permit will be issued until the final mylars have been filed in the Town Clerk's office.
This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission, including bonds in the amount of $5,000 for erosion and sedimentation measures and $10,000 for the installation of the stormwater structures.
A landscape bond in the amount of $5000 is required and must be submitted prior to filing of mylars.
All bonds must be in one of the forms described in the enclosed Bond Policy.
An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.11 of the Zoning Regulations.
All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
This approval does not constitute approval of the sanitary sewer, which can only be granted by the Water Pollution Control Authority.
The building street number must be included on the final plan.
Pavement markings must be maintained in good condition throughout the site drives and parking areas.
All free standing signs and/or building signs require the issuance of a sign permit before they are erected.
If a State Traffic Commission certificate is required, no building permits will be issued until the certificate has been issued (per CGS §14-311).
Engineering comments dated 3/26/13 must be incorporated into the final plans.
Seconded by Commissioner Wilson.
The motion carried and the vote was unanimous.
- Review of proposed PZC sponsored zoning amendments
The Commission reviewed the proposed amendments and directed the planner to send them to public hearing.
- Re-Appointment of Architecture and Design Review Committee members
The Commission reappointed members to the Architecture and Design Review Committee.
- Appointment of CRCOG Regional Planning Commission member and alternate
Patrick Kennedy will serve as the CRCOG representative and Viney Wilson as alternate.
BONDS: Callings/Reductions/Settings
- Appl. 11-05P, FedEx Kennedy Road Improvements Site Bond in the amount of $21,000 to be reduced by $21,000 to leave a balance of -0-
Commissioner Wilson made a motion to reduce the above mentioned bond. Vice Chairman Pacekonis seconded the motion. The motion carried and the vote was unanimous.
- Appl. 07-69P, Dzen Tree Farm, Phase I Subdivision Bond in the amount of $250,000 to be reduced by $60,000 to leave a balance of $190,000
Appl. 07-69P, Dzen Tree Farm, Phase II Subdivision Bond in the amount of $134,500 to be reduced by $40,000 to leave a balance of $94,500
Commissioner Wilson made a motion to reduce the above mentioned bonds. Vice Chairman Pacekonis seconded the motion. The motion carried and the vote was unanimous.
- Bond Setting Engineering recommends a bond in the amount of $964,000 for Appl. 07-69P, Dzen Tree Farm, Phase III
Commissioner Wilson made a motion to set the above mentioned bond. Vice Chairman Pacekonis seconded the motion. The motion carried and the vote was unanimous.
MINUTES: 02/26/2013 adopted by consensus.
OTHER BUSINESS: None
CORRESPONDENCE/REPORTS: None
ADJOURNMENT:
Motion to adjourn the meeting at 9:07 p.m. was made by Commissioner Wagner.
Seconded by Commissioner Wilson.
The motion carried and the vote was unanimous.
Respectfully Submitted,
Lauren L Zarambo
Recording Secretary
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