Town of South Windsor, CT Agendas & Minutes Archive

PZC Minutes 05-28-2013

MEMBERS PRESENT: Patrick Kennedy, Bart Pacekonis, Viney Wilson, Billy Carroll, Elizabeth Kuehnel,

ALTERNATES PRESENT: Stephanie Dexter, Will Butter, Stephen Wagner

STAFF PRESENT: Michele Lipe, Town Planner; Lauren Zarambo, Recording Secretary

APPLICATIONS OFFICIALLY RECEIVED:

Appl. 13-20P, Revolutions Bowling & Lounge - request for a special exception to Section 7.13.1D.5 and site plan modification to expand their current permit to allow for seasonal out door activities including: 1) tent for special events (up to 250 guests); 2) entertainment, including music and dancing; 3) a bar and patio seating for up to 150 patrons; and 4) areas dedicated to outdoor activities at 60 Bidwell Road and 195 Governor’s Highway, I zone

PUBLIC HEARING/ COUNCIL CHAMBERS

CALL TO ORDER: Chairman Kennedy called the Public Hearing to order at 7:30 p.m.

Secretary Commissioner Wilson read the legal notice as it was published in the Journal Inquirer on Friday, May 17and Thursday, May 23, 2013 into the record.

The Chairman appointed Commissioner Wagner to be seated for Commissioner Marrero and Commissioner Dexter to be seated for Commissioner Foley.

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, cheeses, meats, baked goods, soaps, candles, at the Charles Enes Community Center, 150 Nevers Road, RR zone

Mr. Andrew Paterna of the South Windsor Food Alliance introduced the request for renewal of a 2-year temporary & conditional permit to allow a weekly farmers market to be located in a new location at the Charles Enes Community Center. A trial run took place on May 18th at the location. Mr. Paterna stated that with all the different sports activities taking place there was still plenty of room to have the market at the new location.

Town Planner Michele Lipe gave staff comments:

Request for a two-year temporary and conditional permit for a farmers market sponsored by the SW FOOD Alliance located on the Community Center lawn in front of the playground at 150 Nevers Road, RR zone.
The proposal is to have the market weekly on Saturdays June 29 through October 12. Set up would start at 8:30 a.m. The market would run from 10 a.m. to 1 p.m. and vendors would leave by 2 p.m.
The applicant has provided a site layout showing 20 vendor spots on the site. The market will feature items grown or produced by local farmers such as: vegetables, fruits, flowers, honey, cheeses as well as specialty products produced from local farmers’ products. Live entertainment will be featured as well.
Parking for the event will be on-site. There will be no on–street parking in that area and should be signed as such.
Civic non-profit groups are allowed temporary signage on and off-site advertising special events. Temporary sign permits have already been requested from the Planning Department.
All health code requirements for vendors selling food or offering food samples must be met. The applicant will be responsible for ensuring that all necessary permits are obtained and submitted to the Health Department and to coordinate an inspection of the vendor booths prior to opening for the season.
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 applicant will need to file the 2014 dates with the Planning Department once determined.

Hugh Brower of West Road, speaking on behalf of the Farmers Market, stated a goal of South Windsor is preserving farm land which counts as open space for the community. He stated it is difficult for small scale farmers to find places to sell their produce. Farmers markets are ideal because they allow small vendors to bring what they have and sell their produce at a fair price. Mr. Brower encouraged the Town to do everything possible to assist the small farmers so they can resist offers to sell out and continue to farm.

No one from the public spoke in opposition.

Commissioner Wagner complemented the farmers market which took place on Main Street which offered more than the opportunity to buy fresh food but also to meet neighbors at a great community event. Vice Chairman Pacekonis asked about the maximum number of vendors. Mr. Paterna replied presently the maximum is 25 vendors that would only take up half of the grass area allotted. There is room for expansion but at this time the plan is to not grow too big too fast.

The Public Hearing closed at 7:40 p.m.

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

Applicant Pete Lund and his daughter, owner/operator, Julie Lund, requested a renewal of their two year temporary and conditional permit to operate Julie’s Barks & Bubbles LLC.

Town Planner Michele Lipe gave staff comments:

Request for renewal of a two-year temporary and conditional permit to operate a dog grooming/dog daycare/dog training business at 1678 Ellington Road, RC zone. The T&C permit was originally issued in 2007, renewed in 2009, 2011 and expires on July 10, 2013. The permit included hours of operation for the daycare from 7 a.m. to 6 p.m., Monday through Friday; for the grooming services 9 a.m. to 3 p.m. Monday through Friday and 9 a.m. to 12 p.m. on alternate Saturdays.
The Planning Department is not aware of any complaints about this business.
The State licenses the facility. Their requirements cover such items as floor covering materials, size of runs, water, lighting, ventilation, temperature, and sanitation. It is required that feces and other excreta be removed at least once a day and runs washed down with hot water and disinfectant cleaner. Excreta must be disposed of in a sanitary manner. The animal waste and grooming waste are disposed of periodically by a licensed refuse hauler.
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.”
If this application is approved, the planning department has no modifications to request.

No one from the public spoke in favor or opposition.

Commissioner Carroll asked the Town Planner why a temporary and conditional permit is required for this location. Planner Lipe replied at this time, under restricted commercial zoning, it is not allowed as a permitted use. The Commissioner asked if the PZC could sponsor an amendment so it could be allowed since it is an established business. Ms Lipe replied the Commission or applicant could sponsor an amendment.

The Public Hearing closed at 7:45 p.m.

PZC Sponsored – request zoning amendment to Section 2.13, Temporary and Conditional Permits to modify the approval process

The Town Planner stated she would address the next three inter-related amendment requests together. All three application types presently require the public hearing process.

The first involves temporary and conditional permits and the amendment allows renewals to be granted by the Commission. At time of renewal a sign would be posted and a public hearing may be required.

The second amendment also provides that not every major home occupation would go through the public hearing process but would come in as an application with the applicant required to notify neighbors of the application. This would be a regular agenda item unless public concern required legal notice and a public hearing to be held.

The third amendment relates to the section of the regulations about what type of application notifies an abutter. Major home occupations or temporary and conditional permits would require notifying immediate abutters as well as posting signs.

Chairman Kennedy requested taking up the three items separately.

Planner Lipe stated CRCOG was notified of zoning amendment requests on the agenda and had no concerns related to the regional impact on amendments.

No one from the public spoke in favor or opposition.

Commissioner Wagner asked where the public could weigh in on a request. The Planner stated the applicant would still make a presentation to the Commission at a regular meeting with opportunity for public input before the Commission would make a decision. Chairman Kennedy stated the public hearing process is more formal and structured and will be used for these types of applications where a lot of public interest is shown. Special exceptions and changes in zoning regulations require public hearings by law. Commissioner Wagner asked since the costs are reduced would fees go down for the applicant. Planner Lipe explained the fee schedule has been proposed to be increased but reflects the lesser cost.

Commissioner Butter asked if comments or questions from the public would go to the Planning and Zoning staff without a public hearing. The Planner again clarified the public could still come to the regular meeting to give their comments. Commissioner Carroll asked if there would be a mechanism to hold a public hearing if an abutter or others had concern or would it be only through an appeal process. The Planner stated once public interest was known the Planner would communicate with the Chairman who would give direction on whether to take the application to public hearing. Vice Chairman Pacekonis asked about the requirement for notifying direct abutters. The Planner stated no abutter notification is presently required only publishing public notice and posting a sign in front of the property. These amendments would require notification of immediate abutters. The Chairman made the observation that if these amendments were to be adopted, the policy on temporary and conditional permits would be basically the same as what is done on site plan applications.

Public hearing closed at 7:55 pm.

PZC Sponsored – request zoning amendment to modify Article 7, Section 7.11.3 B, Major Home Occupation

The Chairman incorporated by reference the record of the prior required hearing.

No one from the public spoke in favor or opposition

Closed at 7:56 pm

PZC Sponsored – request zoning amendment to modify Article 8, Section 8.2, General Application Standards and Procedures to add notification requirement s for Temporary and Conditional permits, Detached In-law and Accessory Apartments and Major Home Occupations

Chairman incorporated the record of the prior two hearings by reference into the hearing of this proposed amendment.

No one from the public spoke in favor or opposition

Vice Chairman Pacekonis asked if the increased notification of abutters included properties across the street. The Planner replied it did. Adjacent property owners and those across the street must be notified.

Closed at 7:58 pm

PZC Sponsored – request zoning amendment to add Article 11, Section 11.5, Appendix E - Land Use Application Fees

Planner Lipe distributed two handouts, Exhibit ‘A’, showing what the fees are currently and what they are proposed to be. The fees for all residential applications, subdivisions, multi-family have not been proposed to be changed. Commercial fees have not changed in more than 15 years. Legal costs are the major driver for the fee increases especially when there are public hearings required by law. The specific changes were then explained. CRCOG was notified and saw no issues with any regional concerns related to the proposed amendment.

No one from the public spoke in favor or opposition.

Secretary Commissioner Wilson read an email, Exhibit ‘B’, from Barry Miller of Redland Brick in favor of the increase into the record.

Commissioner Carroll concurred with the increase and stated it is a good time to make the change. Commissioner Wagner asked if the increase in fees were taken into consideration when the Planning Department prepared the budget for this year. The Planner stated the fees go into a general fund and have no relation to the Planning Department budget.

The Public Hearing closed at 8:05 p.m.

REGULAR MEETING / MADDEN ROOM

CALL TO ORDER: Chairman Kennedy called the Regular Meeting to order at 8:08 p.m.

PUBLIC PARTICIPATION: Mr. Dickinson asked the Commission to consider adding regulations to provide better accommodation for pedestrians and bicycle access in new developments. He had a copy of past regulations and had gathered regulations which had been adopted in other communities in the area. He asked the Commission for guidance on how to proceed to create a proposed regulation that might be submitted as a petition or to work with town staff to update previous proposals to be presented to the Commission.

The Planner clarified a draft had been created when working with the Buckland Gateway regulations. The Chairman guided Mr. Dickinson to talk to town staff to move forward with his rough draft. Commissioner Carroll stated this subject was talked about while working with the POCD and that it should be incorporated into the Plan and be brought forward as a near term goal.

Mr. Dickinson submitted three documents, Exhibit ‘C’, for the Commission. Commissioner Wagner asked if a proposal could be structured as a modification to site plans when a significant change is taking place so that pedestrian and bicycle access is included. Planner Lipe Michele stated it may be proposed as a standard, similar to a parking or landscape standards, so that at the time of a site plan modification things could be brought up to today’s standards. Commissioner Wagner encouraged it to go through town staff and asked if it will be required in single family housing areas. The Planner replied what was drafted previously was in commercial areas. Kennedy clarified any regulation proposed would go through staff for review, sent to CRCOG and have the opportunity to go to public hearing for input from businesses and the public. Vice Chairman asked what fees would be involved if Mr. Dickinson filed a formal application on behalf of a subcommittee in the town. The Planner stated it could fall on behalf of a Town committee where fees are waived through a town agency such as SWW&WW.

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

ITEM: NEW BUSINESS

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, cheeses, meats, baked goods, soaps, candles, at the Charles Enes Community Center, 150 Nevers Road, RR zone

A motion was made to approve by Vice Chairman Pacekonis with the following modifications:

The Temporary and Condition permit will expire on May 28, 2015.
The Health Department must be consulted and proper permits obtained for vendors selling or providing food at the market.
If there are buildings, structures, signs or other items that require a building permit or other Town approvals/permits, all such approvals or permits must be obtained prior to construction or use of the site.
All free standing signs and/or building signs (temporary or permanent) require the issuance of a sign permit before they are erected.
Future dates for the 2014 Farmer Market must be submitted to the Planning Department.

Seconded by Commissioner Wilson