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PZC Minutes06-11-2013
MEMBERS PRESENT: Patrick Kennedy, Bart Pacekonis, Viney Wilson, Billy Carroll, Mario Marrero, Kevin Foley
ALTERNATES PRESENT: Stephanie Dexter, Will Butter, Stephen Wagner
STAFF PRESENT: Michele Lipe, Town Planner; Lauren Zarambo, Recording Secretary

APPLICATIONS OFFICIALLY RECEIVED:

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 31 and Thursday, June 6, 2013 into the record.

The Chairman appointed Commissioner Butter to be seated for Commissioner Kuehnel.

  • Appl. 13-21P, TicketNetwork Livestock Temporary and Conditional Permit - request for a 2-year temporary and conditional permit (Section 2013.a) for an animal agriculture permit to allow 64 chickens and 2 goats, on property located at 83 Gerber Road East, I zone
Mr. Jim McKinney, a member of facilities and resident farmer at TicketNetwork, introduced the request for a 2-year temporary & conditional permit to allow 64 chickens and 2 goats on property located at 83 Gerber Road East. The purpose, he stated, is to provide entertainment for the employees as well as to provide free eggs for the employees to take home with them. An orchard and vegetable garden of over an acre were established this spring and fresh produce is beginning to be provided to the employees. The livestock is proposed to be kept on two acres in the western area of the property. Feed will be stored in metal storage containers and all waste from the proposed livestock will be composted. Mr. McKinney will be responsible for the care of the livestock with 20 years experience doing so.

Town Planner Michele Lipe gave staff comments:

  • Request for a two year temporary and conditional permit to be allowed to have 64 chickens and 2 goats on the TicketNetwork property located at 83 Gerber Road, I zone. The applicant has a sketch which shows the proposed location of the structure.
  • The applicant’s request indicates that the purpose of their request is to provide employees with fresh eggs.  They are aware that the health code requirement will not allow them the eggs to be used on site unless they are USDA approved.
  • Section 3.2G of the Zoning Regulations states that structures housing animals or poultry are permitted “not less that one hundred (100’) from a street or lot line, and no less than one hundred and fifty feet (150’) from the nearest residential building on land under separate ownership.”  The proposed location is in excess of 200 feet from the nearest property line.
  • 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 modifications to request.

Carey Prague, resident and employee of TicketNetwork, spoke at length in favor of the application describing TicketNetwork as a very environmentally responsible company with well maintained produce gardens and fruit orchards. All foods grown are used in the free lunch program provided to all employees. Any extra food is given to food pantries in the area.

No one from the public spoke in opposition.

Commissioner Wagner stated he visited the site and asked about its location right next to I-84 and introducing animals in close proximity to a busy highway. Mr. McKinney stated there would be a covering on the coop area. Vice Chairman Pacekonis asked if there would be roosters and about the goats. The applicant replied there would be no roosters and that the goat’s role is to deter predator fox.

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

  • Appl. 13-22P, Mitchell Professional Building – request for a special exception to Section 5.3 (Office Conversion Overlay) for conversion of the second floor into professional offices, on property located at 1199 Sullivan Ave., A-20 zone
Mr. John Mitchell, Jr. introduced his request for a modification to their building at 1199 Sullivan Avenue to be used as office space rather than for residential use.

Town Planner Michele Lipe gave staff comments:

  • Request for a Special Exception to section 5.3, Office Conversion Overlay, and site plan approval for the conversion of the second floor an existing home to professional offices at 1199 Sullivan Ave, A-20 zone.
  • The Office Conversion Overlay regulation was enacted for the purpose of allowing conversions of existing structures in the underlying residential zones to professional offices and to facilitate the preservation of historic structures, where deemed appropriate by the Planning and Zoning Commission.  The PZC granted the original special exception on 2/14/13. The applicant converted the first floor last year to be used as a law office.
  • At the time of that application, it was discovered that we had inadvertently prohibited the second floor from being able to be converted. The PZC subsequently amended the regulations to correct this.  The applicant is now requesting use of the second floor.
  • There are no site changes proposed.  The applicant constructed 8 spaces when the first floor was converted.
  • The applicant intends to put a free-standing sign on the property for the first floor tenants.
  • There are no regulated wetlands and the applicant is disturbing less than 20,000 sf; therefore no IWA/CC approval was required.
  • The existing house is serviced by septic and public water.
  • There is no new dumpster shown; the applicant has indicated that they will be using the existing dumpster on site.
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 about parking and it was indicated that the required parking was covered in the initial application for the building conversion.

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

  • 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 outdoor 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, on property located 60 Bidwell Road and 195 Governor’s Highway, I zone
Commissioner Foley recused himself.  

Mr. Peter DeMallie of Design Professionals, Inc introduced the request for a special exception on behalf of Revolutions Bowling & Lounge with Mr. Andrew Krar, PE also from DPI. Also in attendance were owner/operator Mr. Doug Nation, owner and Mr. Fredrick Wynter, general manager on behalf of South Windsor Entertainment. Mr. DeMallie stated ‘Revolutions’ received approval less than one year ago as an indoor recreational facility in the industrial zone and opened last August in a building which had been vacant for at least a year. They have since added to the local economy through hiring local employees from South Windsor and surrounding towns and local vendors. The building is just over 25,000 square feet in size housing 16 high end bowling lanes with lounges, party areas and banquet facilities.

In May of this year the Commission adopted a zoning amendment for those business approved for indoor recreational uses in industrial areas for seasonal use of outdoor recreational uses during the months of April through October.  This allows the applicant to take advantage of the warmer months and guarantee full employment throughout the year. The employment base of Nomads Adventure Quest and Revolutions is 120 persons with 30 to 40 full and part time employees at Revolutions alone. Significant property taxes are paid annually.

Revolutions has 150 parking spaces available presently in the adjacent parcel and they are proposing to add parking to the contiguous parcel (which currently has 68 spaces) to have a total of 218 parking spaces. The outdoor recreation area, measuring less than ½ acre, was shown on a map exhibit. Presently, there is an enclosed fenced-in area that has an existing patio. The largest possible outdoor tent to be erected would be 60’ x 100’ with a 250 person capacity to house corporate events, weddings or parties. The proposed outdoor uses include a tent, entertainment including music and dancing, areas primarily dedicated to the sale, preparation and serving of food and beverages including alcoholic beverages, which will be in the area of the expanded patio, and areas dedicated to outdoor recreational activities such as volley ball, bocce ball and horseshoe pits.

Mr. DeMallie then introduced the possible impacts this use might have on the surrounding neighborhood and stated the distance from the outdoor recreational area to the closest residential property line on Colony Road is 900 feet and the distance to the closest residence on Colony Road is 1,000 feet.

The new construction being proposed, besides the tents which will be erected temporarily for events, is the expansion of the existing patio on the west side of the building to accommodate a maximum of 150 persons outdoors. An all weather permanent bar will also be erected on the patio.

Mr. DeMallie clarified Revolutions, previously known as Nomads II, has operated with a later schedule from their original approval since day one and there have been no external negative impacts with this schedule. The proposed hours of operation for the outdoor areas will vary and could begin as early as 7:00 a.m. with a closing time of 11 p.m. The outdoor bar patio area would open Sunday through Thursday until midnight and until 1 a.m. on Friday, Saturday and holidays. The normal indoor hours of operation are 9 a.m. until midnight Sunday through Wednesday, with a 1 a.m. closing on Thursday, 2 a.m. on Friday and 3 a.m. on Saturday.

Mr. Andrew Krar from Design Professionals spoke about the noise study he had prepared stating he conducted all the associated field work on Saturday, June 8th. Planner Lipe distributed copies of the Town’s noise ordinance to the Commissioners (Exhibit A). Mr Krar stated the purpose of the study was to simulate future noise conditions at the Revolutions patio by playing loud music. Then the results were measured from the noise using a sound meter and then were compared with the Town’s noise ordinance. Mr. Krar read from the Town’s noise ordinance for commercial uses, ‘Sound emitted from a site cannot exceed 45 decibels at a residential property line. However, if the background noise exceeds the Town ordinance of 45 decibels then the commercial use cannot exceed the background noise by 5 decibels at the residential property line.’

Mr. Krar passed around the Spur Scientific Sound Meter, which had been calibrated by the manufacturer in accordance with ANSI and ISO, to the Commissioners showing the decibel levels. Mr. Krar stated he performed all the field work in mild wind and weather conditions on Saturday, June 8th at 5 p.m. from 2 locations chosen at property lines closest to Revolutions. He noted where the locations were on the map and stated the instruments were set up on the north side of the six foot high wooden stockade fence running the southern property line of Nomads. Mr. Krar stated per the Town Ordinance the measurements should be taken one foot within the property line and that they had taken the measurements 10 or 20 feet from the property line on the north side of the fence. The first location was chosen close to the Nomads entrance in a clear site line of Revolutions. The 2nd location was 300 or 400 feet to the east on the north side of the fence close to the fence gate which enters onto a residential property.

The recordings were taken for 6 minute intervals at both locations with only background sounds. The result from Site #1 was 51 decibels and Site #2 was 48 decibels. The background noise exceeded the 45 decibels so the noise ordinance rule applies that the background noise cannot be exceeded by more than 5 decibels. In the next step the speakers at Revolutions were set up and pointed to the north northeast, towards the patio and the music was ‘blasted’ where it was difficult to have conversations on the patio and another set of readings were taken with an average decimal reading of 82 decibels on the site.

Sound measurements were then taken at the two off site locations for 5 to 7 minute intervals. It was observed that on average the sound levels did not really change. At Site #1 the levels of sound went down and at Site #2 the sound decibel levels went up by two decibels on average, well below the 5 decibel level. Mr. Krar stated from his observations while the music was playing it could not be heard at Site #2 and heard in the background slightly at Site #1.

Mr. DeMallie amended the hours of operation originally submitted in the narrative after consulting with his clients stating the maximum time the patio area would be open would be until midnight and the tent area and any outdoor music would end by 11 p.m. He also clarified that when special events are held under the tent the outdoor patio area would not be in use. The indoor hours are not proposed to be changed.

Town Planner Lipe gave staff comments:
1.   Request for special exception to section 7.13 and a site plan modification to expand the current uses at the Revolutions Bowling facility to include seasonal outdoor activities (April through October), on property located at 60 Bidwell Road, I zone.
2.   This application is being proposed under the recently adopted changes, adopted in May of 2013, to the indoor recreation regulation that allows for outdoor uses accessory by special exception/site plan modification.  A copy of that regulation is being provided.
3.   Applications for special exceptions may be approved if the Commission determines that:
  • The proposal is consistent with the goals and objectives of the Plan of Conservation and Development.
  • The application has met the requirements of the zoning regulations.
  • The land is physically suited to the proposed use.
  • Minimal, if any, adverse environmental impacts are created.
  • No traffic or other hazards will be created.
  • The impacts on the capacity of the present and proposed utilities, street, drainage systems, sidewalks, and other elements of the infrastructure will be minimal.
  • There will be minimal or no adverse effects on existing uses in the area.
  • Surrounding property values will be conserved.
  • The character of the neighborhood will be maintained or minimally disrupted.
  • The general welfare of the community will be served.
  • There is a balance between neighborhood acceptance and community needs.
  • Historic factors are adequately protected; or due consideration to preservation of historic factors has been demonstrated.
  • The overall physical appearance of the proposed development is compatible with surrounding development and the Commission’s goals for the neighborhood/corridor.
  • The architectural design is aesthetically pleasing and blends well into the surrounding area.
The Commission may impose additional conditions in accordance with these regulations in order to ensure that all applicable criteria enumerated above are satisfied
4.   This property is entirely surrounded by industrially zoned land. The applicant has provided a site layout and a narrative detailing various aspects of the outdoor uses and hours of operation.
5.   The proposed activities include: 1) tent up to 60’ X 100’ for events (up to 250 guests); 2) entertainment including music and dancing; 3) a patio for sales of food and beverages, including a bar, with maximum seating of 150; and 4) areas primarily dedicated to outdoor recreational activities.
6.   They are proposing to add a covering over the existing outside patio which when fully built out will accommodate a bar and seating up for up to 150 patrons.
7.   The existing site plan shows the existing building and parking layout of 60 Bidwell Road. The building is accessed by Bidwell Road.  Additional parking is available at property at 195 Governor’s Highway.  (Section 6.4.7 gives the Commission the ability to approve required parking facilities on a lot within 600 feet from the building that the spaces serve.)
8.   There is a discrepancy in the approved hours of operation in the narrative that should be rectified. The current approved hours of operation are Monday through Thursday 4 p.m. to 10 p.m., Friday 4 p.m. to 1 a.m., Saturday 10 a.m. to 1 a.m. and Sunday 12 p.m. to 10 p.m. The narrative indicates later hours for the current business.
9.   The proposed hours for the outdoor activities which include music could be as early as 7 a.m. and as late as midnight.
10.  Lt Rich Bond has submitted the following for the record.  “I have not traffic concerns.  However, I would   request that any outdoor bar/beverage area be confined to a tent or similar structure.  A bar out in the open with no protections causes concern.” (Exhibit B)
11.  Sherry McGann, Environmental Health Officer, has indicated that the health department will require a plan and food service application be submitted prior to the commencement of construction.  Appropriate approvals are to be issued and a final inspection must be conducted by the department to ensure compliance with health code requirements for food service. The Planner handed out a copy of Sherry’s memo (Exhibit C).
12.  The fire marshal’s office and building department would permit the roof and patio layout as well as any temporary tents. Any specific fire/building codes would have to be met.
13.  Any noise emanating from the site would have to comply with the town’s noise ordinance.
If this application is approved, the Planning Dept requests no additional approval modifications.

Mr. Doug Anderson resident of Main Street spoke in favor of the use of the buildings. He stated they offer a place to go for the town’s children and are well run and does not want to put restrictions on the progress of successful business.

Ms Jamie Coates also spoke in favor of the application stating as an employee she has worked every major event at Revolutions, numbering about 15 to 20 major events last year, and found they are well equipped to handle the people and events. She stated opening the patio would offer more jobs to young people in the area and that it is hard to find jobs for 16, 17 and 18 year olds which Nomads is offering locally.

Ms Carol Heffler, resident of Colony Road, spoke in opposition to the application. She stated she attended all public hearings initially held for Nomads which had sound studies done and had also been proposed positively. At that time she supported the new business opening but has found living next to Nomads with live music and DJs inside the building the noise levels are very loud rattling the windows in her home. She has to keep her windows closed at night in the summer months and has called the police on numerous occasions because of activities in their parking lot and the noise levels coming out of  the building. Ms Heffler expressed real concern with the proposal for an outdoor patio with so many issues from what is now taking place inside their other facility.

Ms Heffler also described a ridge that runs between Colony Road and Newberry Road where sound travels over and bounces back echoing into the Colony Road neighborhood. She stated there have been no sound studies for Revolutions done at 9 in the evening when there is no background noise from RT 5, or between 10 p.m. and 2 a.m. or 7 a.m. in the morning.  She stated working people are being bombarded by sound in their homes at times when they are trying to rest from their work week. She questioned trusting the applicants that there will be no zip lines, which had been initially proposed as entertainment for corporate activities. She asked about overflow from Revolutions into Nomad’s parking lot at night and recounted live DJ’s having set up speakers facing their homes. She also asked about outdoor lighting for the proposed bocce ball and other games. She stated their hours of operation have activities until 3 a.m. on weekends and asked if there will there be something in writing that outdoor music will stop at 11 p.m. She describing the base beat of the music they are hearing in their houses at night as penetrating and loud.  She credited the business for employing teens but stated they were who answered the phones with no answers when complaints come in to the business at night. Ms Heffler concluded she fully supports economic development but the residents have rights as well. Their properties values have come down to the point that she was granted a decrease in her property taxes because of the existing conditions.

Mr. Paul Heffler, resident of Colony Road, then spoke in opposition stating he found the conditions unbearable recounting hearing base beat sounds in the pit of his stomach. He stated beer bottles have been tossed over the fence onto his property and the loud antics in the parking area late nights are ruining their neighborhood.

Ms Denise Cusson, resident of Colony Road where the sound study took place, echoed Mr. Heffler’s statements about beer bottles and drunken people in the parking lot. She has lived on Colony Road for 18 years in the industrial area and found it quiet until now. She will try to sell her home given the present conditions she now finds intolerable but questioned who will buy it. They fear the conditions will worsen if the application is passed but asked, if it does, for rules and regulations to be made that will stick and not be ignored.

Ms Suzanne Griffin, resident of Colony Road in the area of the sound studies, stated the noise happens all the time and they now run fans in their homes all the time to cancel the sound. She stated Mr. Nation built a new fence down the road from them but that the fence at their properties is falling apart. The evergreens that were required in Nomads original approval plans have been cut down. It is now all hard wood which amplifies the noise.

Mr. Joe Wilcox from ‘Site 1’ on Colony Road moved into the neighborhood in 2001 when UTC was their neighbor and took care of the neighborhood. He was opposed to Nomads stating the liquor license was ‘snuck in’ and has found drunken people coming into his back yard which is right behind Nomads. He and his family can no longer use their yard as they previously had. He then complained about the current roofing project and the placement of the dumpster abutting his yard and asked why it could not have been placed on the other side with their other dumpsters. Mr. Wilcox stated they cannot have their windows open because of the noise and they do not have central ac. Patrons leave loudly and then continue to drink in the parking lot.

Ms Linda Holmes, resident Colony Road across the street from the abutting properties, also spoke about the ridge which bounces the sounds back into the neighborhood. She stated the applicant has not been a good neighbor with swearing contractors and poorly repaired fencing with repairs facing the neighbor’s side. Ms Holmes made a request to have an independent contractor to do a sound study with 150 patrons partying at full tilt on the weekend. The neighborhood in all the years she lived raising her three sons on Colony Road never had problems with industrial neighbors but it is not the same situation now.

Ms Paula Holmes, resident of Colony Road, thanked the Commission for listening and stated the neighborhood is really concerned about their property values and comfort level. After being a resident of Colony Road for 19 years she and her husband feel they have to start looking for a new home although their plan was to retire there. She encouraged another sound study be done at 10 p.m. at night when the noise level in the community is down and asked the Commission to please hear them as neighbors and citizens of South Windsor.

Ms Patrice Murphy, resident on the opposite side of Colony Road and three houses from John Fitch Boulevard, stated she and her husband moved in a year ago but unfortunately was unaware of Nomads. They moved from Old Wethersfield because they were in close proximity to a restaurant bar which had live entertainment and are now being faced with a similar situation. She spoke knowledgably as an engineering professional about OSHA certified sound studies and did not believe the one done for this application was certified and that stockade fencing is not sound proofing.

Secretary Commissioner Wilson read a letter in support into the record from Mr. Bob Costa (Exhibit D) and then read the petition in opposition to the application signed by every resident of Colony Road (Exhibit E).

Commissioner Wagner stated the background sound measurement in the sound study taken by Mr. Krar at 5 p.m. may have been flawed given the day time hour it was conducted and suggested keeping the Public Hearing open for accurate studies to be made and considered. The Commissioner said it was stated the speakers were aimed north when the study was conducted and used 80 decibels for the standard. He stated rock bands typically play at the level of 85 to 90 decibels and the peak levels recorded should be looked at. He referred to the graph in the study which shows the peak levels at 90.

Mr. Krar responded stating the intent and reasoning behind conducting the study during afternoon hours was to take the study when the background noise would be louder to couple with the loud music that would occur at night to get the result in decibel level. In an attempt to be conservative day time conditions were applied to the night time ordinance. He stated typical rock music being played at a bar is 85 decibels. Impulse noise spiked the reading up to 90 and the dips in the reading were breaks in songs. Mr. Krar stated the speakers were facing east northeast as was shown on the site plan aimed to entertain the people on the patio. Commission Wagner stated there would be no control over how the speakers could be oriented and that the noise could be made greater if pointed toward the neighborhood.  

Mr. Wynter, general manager of Revolutions Bowling and Lounge, stated the speakers are facing north and do not want to put anything outside that would be as loud as 85 decibels which would prevent conversation from taking place. He stated only certain music is allowed in the building and limit the sound equipment that can be brought in for parties. Their intention is not to offend anyone immediately adjacent to the property. Likewise for Nomads, sound systems have been limited and music levels have been turned down proactively so that it does not offend anyone.

Commissioner Wagner commented there is an issue of trust when assurances were made that conditions would be met and the abutting neighbors, who are now dealing with essentially the same business, did not get what was promised. He then suggested limiting the early morning hours for any music. Mr. DeMallie amended the proposed hours stating no music would be played before 1 p.m.

Planner Lipe read from a police report from Lieutenant Bond submitted at the Planner’s request for noise complaints at the address.  The Planner had reviewed the zoning file for any written complaints coming into the office and found none but a phone call complaint came in last fall related to the fencing which was in disrepair. The Zoning Officer later took pictures in December of the repaired stockade fence along the property boundary taken from the Nomad’s side (Exhibit F). The Planner stated there is no requirement for a fence to be facing one side or another per the regulations.

Mr. DeMallie clarified the police department records of complaints over a four year period contain four actual noise complaints. One was for early morning construction workers beginning early to beat the heat at 5:30 a.m. and the contractor’s were instructed to wait until 7 a.m. to start. Another complaint was dismissed as invalid and two complaints were about legitimate concerns about noise in which the noise was turned down and the issues resolved. There were no other records of complaints to the police.

Commissioner Wagner called on Ms Heffler who attested she could not count the times she had called the Police Department about the noise at Nomads. The police officer would arrive and she would speak to him and he would leave or go over to Nomads and the noise would be turned down but as soon as the officer left the noise would be turned up again.

Commissioner Butter asked the Planner when the Colony Road neighborhood was built and when the area was zoned industrial. The Planner stated in the 1950’s and 60’s. The Commissioner asked for clarification of hours of operation. Mr. DeMallie stated Nomad’s hours of operation are Monday through Thursday 4 p.m. to 10 p.m., Friday 4 p.m. to midnight, Saturday 10 a.m. to midnight and Sunday noon to 10 p.m. The current hours indoors for Revolutions are opening 9 a.m. daily with closing times of midnight on Sunday through Wednesday, 1 a.m. on Thursday, 2 a.m. on Friday, and 3 a.m. on Saturday. The proposed hours for the outdoor facility with infrequent activity starting as early as 7 a.m. with all event functions would close no later than 11 p.m. and all outdoor music would stop by 11p.m. and the outdoor bar and patio closing no later than midnight.

Commissioner Butter asked if any other sound studies had been made. Mr. DeMallie stated not to his knowledge at Revolutions. The Commissioner asked Mr. Krar if there is an organization which governs how sound studies would be completed. Mr. Krar replied not to his knowledge. The Commissioner asked if anyone else knew. Ms Murphy from Colony Road replied OSHA, Occupational Safety Health Administration, guidelines are used at United Technologies at Pratt and Whitney where they do sound studies frequently because of the ergonomic impacts of sound on the work force. Planner Lipe stated the Planning Department received the sound study that day which normally would have been submitted it to the Police Department for review as they are the noise ordinance enforcer in Town. The Commissioner brought up the 5 p.m. time of the study and stated, in his personal opinion as an engineer, taking the study during the time with the highest background noise of 5 p.m. would not be adequate to see the impact of the noise on the surrounding neighborhood at night and asked about the six minute interval for readings.

Commissioner Butter then asked the Planner, regarding the evergreen trees mentioned, if there was any noise prevention criteria proposed when Nomads site plan was reviewed. The Planner stated there was a landscaping plan presented at the time Nomads was reviewed. In 2005 the use predated the 50 foot buffer requirement when industrial and residential uses are next to each. The fencing and the evergreens were part of a landscape plan.

Commissioner Marrero agreed a more accurate and representative sound study could have been made at night citing the Department of Transportation’s extensive noise studies done at peak hours when expressways are expanded or when they have noise complaints. The Commissioner endorsed keeping the Public Hearing open in order to have more information with an independent study for an objective view on the matter. Mr. DeMallie concurred and suggested taking additional measurements in the evening, when the noise is most offensive to people, with (an) objective member(s) of the town staff or from the Police Department and also up on Colony Road given the testimony received this evening.

Commissioner Carroll asked about any plans for outdoor lighting. Mr. DeMallie replied no additional outdoor lighting is anticipated beside what is presently on the exterior of the building. There will be interior lighting for the tent. The Commissioner asked the Planner to clarify the complaint record received from the Police with a further breakdown especially concerning the activity in the parking lot brought up by the neighbors. The Commissioner concurred that another sound study be submitted and asked for further information on the plantings.
Mr. Nation, owner of Revolutions and Nomads, stated the evergreen trees were not there for safety issues so that people would be prevented from going behind the trees and the fence line would be visible to management at all times. Mr. Nation stated the opening in the fence was created by abutting neighbor, Mr. Wilcox, so that his daughter would have a route to her employment at Nomads without walking on RT 5 to work. He also explained the necessity of positioning of the dumpster for their roofing project which will soon be completed and then apologized for any fence repairs that were turned the wrong way and stated he will have it repaired and turned around. Mr. Nation stated he has not heard of this many complaints and they have stayed within the limit of how many events are allowed within the year. The parking lot is monitored regularly but cannot be controlled at all times and stated he has no problems with having another sound study done at night. Commission Carroll asked if any controls are in place at closing times in the parking lot when patrons are leaving. Mr. Nation stated they do not but do have cameras in the parking lot and two full time security guards on Fridays and Saturdays at the door but cannot have a police officer sitting in the parking lot at all hours.
Vice Chairman Pacekonis thanked the residents for coming to the Public Hearing and asked if a zip line will ever be allowed at this facility. Mr. DeMallie stated there will not and the area at Nomads does not lend itself to a zip line in the future either. He then replied to the Vice Chairman’s question on outdoor lighting stating the tents could have low level lighting but would not cast light off the property.

The Vice Chair stated the public needs to be made aware of when the next sound study will happen with the interest the public has in this application as adjacent neighbors. Mr. DeMallie stated there is no objection to anyone attending the testing. Mr. Pacekonis stated on Special Exceptions there has to be a balance of neighborhood acceptance vs community needs and right now there is zero neighborhood acceptance. The issues at Nomads are not part of this application but go towards the character of the establishment and management which should be addressed so that the business comes into compliance.

The Vice Chair stated the sound study should be independent. He asked for clarification of starting times and if the neighborhood was consulted on this application. Mr. DeMallie stated they were not consulted initially given the distance the venue, which is in an industrial zone, was from the neighborhood but hears the need for communication between the two parties.
Mr. Pacekonis asked about the wooded area west of the proposed area and if it would remain. Mr. DeMallie replied there were no changes proposed at this time to that area. The Vice Chair had visited the site and asked about handicap parking. Mr. DeMallie stated there is a handicap ramp from the parking lot into the building.

Ms Holmes from Colony Road requested for next sound study replicating having a band with 200 people attending for the test.

A motion was made to hold the Public Hearing open and continue it on June 25, 2013 by Commissioner Wilson. Seconded by Vice Chairman Pacekonis. The motion carried and the vote was unanimous.

The Public Hearing closed at 10:10 p.m.

REGULAR MEETING / MADDEN ROOM

CALL TO ORDER:  Chairman Kennedy called the Regular Meeting to order at 10:15 p.m. Vice Chairman made a motion for the meeting to stay open past 10 p.m. seconded by Commissioner Carroll. The motion carried and the vote was unanimous.

PUBLIC PARTICIPATION:  

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. 13-21P, TicketNetwork Livestock Temporary and Conditional Permit - request for a 2-year temporary and conditional permit (Section 2013.a) for an animal agriculture permit to allow 64 chickens and 2 goats, on property located at 83 Gerber Road East, I zone
A motion was made to approve by Vice Chairman Pacekonis with the following modification:
This permit will expire in two years, on June 11, 2015, and will have to be renewed at that time if the use is to be continued.  
Seconded by Commissioner Wilson.
The motion carried and the vote was unanimous.

  • Appl. 13-22P, Mitchell Professional Building – request for a special exception to Section 5.3 (Office Conversion Overlay) for conversion of the second floor into professional offices, on property located at 1199 Sullivan Ave., A-20 zone
A motion was made to approve by Commissioner Carroll with the following modifications:
  • No building permit will be issued until the final mylars have been filed in the Town Clerk's office.
  • 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.
  • This approval is effective upon the filing of the Special exception form in the office of the Town Clerk.
Seconded by Vice Chairman Pacekonis.
The motion carried and the vote was unanimous.

  • 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 outdoor 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, on property located 60 Bidwell Road and 195 Governor’s Highway, I zone
The Public Hearing was held open.

  • Preliminary discussion with John Pribila, President of The Independent Plan, Inc., to determine whether a proposed use is considered an “Essential Community Service” as defined in the zoning regulations
Mr. Pribila discussed his proposal for a live in educational facility for people afflicted with autism with the Commission and whether it met the definition of an essential community service and is eligible under special exception criteria. He distributed the mission statement for ‘The Independent Plan, Inc.’ to the Commission (Exhibit F). The Commission indicated Mr. Pribila could file an application for a zoning amendment or special exception which would be decided by majority vote.

BONDS: Callings/Reductions/Settings

  • Appl. 11-05P, FedEx E&S Bond in the amount of $5,000 to be reduced by $5,000 to leave a balance of -0-.
  • Appl. 11-05P, FedEx Wetlands Mitigation Bond in the amount of $5,000 to be reduced by $5,000 to leave a balance of -0-.
  • Appl. 11-22P, Neary Interior Lot Plantings Bond in the amount of $2,000 to be reduced by $2,000 to leave a balance of -0-.
Vice Chairman Pacekonis made a motion to reduce the above mentioned bonds. Commission Carroll seconded the motion. The motion carried and the vote was unanimous.

MINUTES:  05/28/13 was adopted by consensus.

OTHER BUSINESS:
Chairman Kennedy announced he would be stepping down as Chairman of the Planning and Zoning Commission at the end of the month.

CORRESPONDENCE/REPORTS: None

ADJOURNMENT:
Motion to adjourn the meeting at 11:05 p.m. was made by Vice Chairman Pacekonis and seconded by Commissioner Carroll. The motion carried and the vote was unanimous.

Respectfully Submitted,
Lauren L Zarambo
Recording Secretary