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PZC Minutes 08-20-2013
MEMBERS PRESENT: Bart Pacekonis, Billy Carroll (arrived at 7:35 p.m.), Betty Kuehnel, Kevin Foley
ALTERNATES PRESENT: Stephanie Dexter, Will Butter
STAFF PRESENT: Michele Lipe, Town Planner; Lauren Zarambo, Recording Secretary

APPLICATIONS OFFICIALLY RECEIVED:
1. Appl. 13-32P, South Windsor Stone & Landscaping Supply, LLC – request for a modification to the special exception previously granted to article 4, Table 4.1.1A and site plan approval for a landscape material sales and storage business property located at 287 Strong Road, I zone
2. Appl. 13-33P, PMM Enterprises LLC dba Empire Auto Group – request for Used Car Dealer license for property located at 713 John Fitch Boulevard, GC zone
3. Appl. 13-35P, Sullivan Place Centers LLC – request for a site plan approval for three buildings totaling 12,600 sf of retail space in phase 1 and 19,200 sf of office space in phase 2, to be known as Sullivan Place Centers, on property located at 925 Sullivan Avenue, GC zone

PUBLIC HEARING/ COUNCIL CHAMBERS

CALL TO ORDER:  Acting Chairman Bart Pacekonis called the Public Hearing to order at 7:30 p.m.
Acting Secretary Commissioner Dexter read the legal notice as it was published in the Journal Inquirer on Thursday, August 8 and Thursday, August 15, 2013 into the record.
The Acting Chairman appointed Commissioner Dexter to sit for Commissioner Wilson and Commissioner Butter to sit for Commissioner Marrero.

  • 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 (Continued from 6/11/13)
Mr. Peter DeMallie of Design Professionals, Inc. continued the request for a special exception on behalf of Revolutions Bowling & Lounge presenting the new developments at both Revolutions and Nomads which have occurred since the prior public hearing held on June 11, 2013.

Mr. DeMallie stated the concerns about Nomads, the ‘sister’ establishment to Revolutions, which were raised in the prior public hearing have been responded to by the staff of both establishments. He introduced Frederick Wynter, manager of Revolutions and Nomads, and Mike DiBella, assistant manager at Nomads, and stated Mr. Wynter has established a new protocol at Nomad’s front desk so that when any calls with concerns are received they go directly to the manager on duty so they can be responded to immediately. After closing hours, noise has been addressed with quicker responses while staff is on site. Mr. Wynter has visited three Colony Road neighbors in their homes and has been communicating primarily by email through Ms Carol Heffler. The neighbors are welcome to visit Nomads to bring anything to the attention of their staff. The tenant with an indoor gym and classroom within the building, which had been the source of some of the noise for the neighborhood, has been evicted. The doors from that space to the exterior of the south side of the building are now posted with signs for emergency use only and will remain closed otherwise.  Patrons leaving Nomads and Revolutions are now monitored by security staff in both parking lots so loitering can be prevented and ‘No Loitering’ signage has been posted. Their first outdoor camera for monitoring has been installed and directed toward the parking lot at Nomads which adds to the four outdoor cameras previously installed at Revolutions. If this application is approved a fifth outdoor camera will be installed and directed out toward the parking lot on the north side of the building. The fence at the southeast corner of Nomads adjacent to the Colony Road neighborhood which had previously been disassembled will be reinstalled to discourage people from going behind the building. On event nights, when it has been noted the noise levels are the highest, there will be security staff going into the parking lots. Lastly, a drainage issue which has been draining onto an abutting property will be addressed.

At the Town Planner’s request, a clarification email about the hours of operation was sent to her and has been distributed to the Commissioners along with Lt Bond’s report on Nomads. (Exhibit A).

A sound testing was done on site and off site on Colony Road with respect to live music. If more frequent live music is planned for the future a band shell with three sides and floor may be constructed. The applicant will return to discuss the proposal with the Town Planner if and when the need arises. Revolutions will be utilizing the sound monitor at the beginning of each outdoor event at the time of sound checks so that the sound level is compliant.

Mr. DeMallie asked the Commission to approve the latest layout of the 25,000 sq ft Revolutions facility.

The results of the second sound study taken at the Special Meeting on July 24th were presented by Andrew Krar of Design Professionals. Some people had taken exception to the June daytime sound study and so a new sound study was taken at night at two sites on Colony Road and at Revolutions attended by Commissioners and residents of Colony Road. Site #1 was in the backyard of 62 Colony Road on the north side of the street near the Nomads’ entrance and Site #2 was in the front yard of 81 Colony Road on the south side of the street. The instruments were set up in the dark and the five to six minutes tests were witnessed by those in attendance. There was very low transient noise. At Site #1 with no music playing the background noise was 51 decibels and with the live band playing music at Revolutions with the speakers directed south the decibel level was 52. At Site #2 with no music 49 decibels were registered and with the music playing and speakers facing north 49 decibels were recorded and with the speakers facing south 49 decibels were recorded. The decibel levels changed very little. Sound was also tested at Revolutions, 25 feet in front of the speakers, and the recorded average decibel level was 92 and when the music was turned up the reading went up to 94 decibels.

Town Planner Michele Lipe noted the Commissioners had been sent a copy of the email of the proposed hours from Mr. DeMallie and a break down of the police calls from Lt Bond.

No one from the public spoke in favor of the application.

Ms Carol Heffler, resident of 81 Colony Road, Site #2 of the sound study, stated she was not insulted by the noise level from Revolutions at the time of the sound study when the speakers were facing north and asked for assurance that the speakers would always face north, away from their houses, to prevent the sound traveling as much. She complemented Frederick Wynter for his involvement and response to the neighbors but cautioned that six years ago when Nomads opened many promises similar to what is being offered this evening were made and only now have they been addressed. Ms Heffler asked for the proposed hours to be read in to the record. Planner Lipe read the proposed hours submitted by Peter DeMallie. Mr. DeMallie clarified the starting time for outdoor events and outdoor music to be 1 p.m. to 11 p.m., the outdoor patio open from 11 a.m. until midnight with the understanding that there would be no outdoor music allowed after 11 p.m. Ms Heffler strongly advised the band shell be build so it could offer one more means of shielding the music from their homes. She stated she is pleased with what has happened at Nomads as a result of this application but cautioned the Commission to be careful of what they approved and asked there to be a mechanism in place to help the residents if the noise issues should reoccur.

Ms Denise Cusson, resident of Colony Road, has noticed a difference but still is hearing the noise hoping things will not get lax after the applicant gets what they want and hopes the progress made does not disappear.

Commissioner Pacekonis asked Mr. Krar about the sound test and why the sound meter was laid on the ground during the testing. Mr. Krar stated the study was performed in conformance with the American National Standards Institute (ANSI) Section S 12.9 Part 3, Quantities and Procedures for Description and Measurement of Environmental Sound. Typically the sound meter is set up on a tripod 1.2 to 1.5 meters off the ground but it was convenient for them in this study to lie the meter on top of the case on the ground. The Acting Chairman stated if the application is approved and complaints continue to be received from the neighbors additional sound studies may be required as well as modifying the hours of operation if so needed.

The Public Hearing closed at 8:15 p.m.

  • Appl. 13-27P, Redland Brick, Inc. KF Plant – request for 5-year renewal of the special exception to Article 7.16.4 for an earth removal permit, Phases 6 and 7, on property located at 1440 John Fitch Boulevard, I & RR zones (APPLICATION WITHDRAWN)
Commissioner Dexter read the withdrawal letter received from Attorney Susan Hayes of Updike, Kelly & Spellacy into the record (Exhibit B).

  • Appl. 13-30P, Isherwood Zoning Amendment  – request to amend Article 3 Residential Zones, Table 3.1.1A, Permitted Uses, Impervious Coverage and other Provisions Zone, to add “Rooming House” as a use permitted by special exception in A-40 residential zones and amend Table 6.4.3A Minimum Required Parking Spaces – Residential Uses to require 1 space for each bedroom in a rooming house
Applicant, Ms Karen Isherwood of Isherwood Civil Engineering and resident of Orway Drive presented her request for a zoning text amendment to allow rooming houses in the A-40 zones in South Windsor and read the definition of ‘Rooming House’ from the regulations. She spoke personally about her nephew who has intellectual disabilities and spoke first hand about needs not presently met in the community. Ms Isherwood stated the zoning regulations presently includes the definition of rooming house but not the use and cited an eighty year history of rooming houses being allowed in South Windsor. She then called attention to the newly adopted Plan of Conservation & Development, Chapter 11 ‘Residential Development’, to support the text amendment and asked the Commission for flexibility in considering the repurposing of existing single family homes to meet an emerging housing need by reinstating the rooming house use by special exception.

The Town Planner gave the following staff comments:
  • This is a request for a zoning text amendment to amend Article 3 Residential Zones, Table 3.1.1A, Permitted Uses to add “Rooming House” as a use permitted by special exception in A-40 residential zone and amend Table 6.4.3A Minimum Required Parking Spaces – Residential Uses, to require 1 space for each bedroom in a rooming house to allow for Rooming Houses by Special Exception in the A-40 zone.
  • As defined in our current regulations, a Rooming House is “A residence in which the resident owner, or tenant, rents rooms for compensation to 1 or more persons, but not in excess of 6 persons.”
  • This regulation would allow for the conversion of a single family homes as well as for new construction specifically in the A-40 zone.  In reviewing the zoning map, I would note that there are only two areas in our town that are A-40 zoned – the bulk of Main Street area as well as a small area in the vicinity of Dart Hill and Ellington Road.  
  • Minimum lot sizes required in the A-40 zone are 40,000 sf with 150 feet of frontage.  I would note that several of the properties in the A-40 zone are undersized to these requirements.  I would recommend the Commission require the lot to be a minimum of 40,000 sf.
  • Additionally, the Commission may want to consider requiring that the owner on the property live in the house similar to what is required in the accessory apartment regulation.  
  • The second proposed text change is to require an additional parking space be added for any rooms that are rented. I would recommend that we add the same requirement for parking that is found in the major home occupation regulations. Those requirements are:
  • All parking needs must be met on-site. Any parking in excess of customary residential parking may be required to be screened from the street and from adjacent residential property by either:
  • Fencing of a type typically used in residential areas such as stockade fencing, not slatted chain-link fencing; or
  • Evergreen plantings of sufficient height and spacing to establish an adequate screen.
  • The Residential Development Section of the newly adopted Town Plan of Conservation includes a strategy that is relevant to this application:
  • Allow flexibility in meeting emerging housing preferences and needs;
  • Also, since much of Main Street is zone A-40, the Community Character section of the plan addresses strategies for Main Street. Under the strategy of Preserve Historic Building, Structures and Landscapes – it supports the idea of allowing flexibility in the zoning that may help owners to re-sue historic buildings.
  • A rooming house use is defined under the fire and building code.  The Fire Marshal and Building Inspector have indicated that any proposals would have to meet the minimum building and fire codes and would be addressed at the time of application.
  • There should be no infrastructure impacts of associated with this amendment.  Adequate Sewage disposal, water and refuse pickup would have to be addressed at the time of application.   
  • There should be no environmental impacts associated with this amendment.
  • There should be no significant traffic impacts associated with this amendment. At the time of the special exception/site plan application, the applicant would have to address anticipated traffic.
  • The Capitol Region Council of Governments has reviewed this amendment and have offered the following comments:  
  • “The staff of the Regional Planning Commission of the Capitol Region Council of Governments has reviewed this referral and finds no apparent conflict with regional plans and policies or the concerns of neighboring towns. The proposed regulation would permit an additional housing choice currently not allowed in any zone in the Town and thus is in conformance with the regional housing goal to ‘Increase the range of choice in housing for people of all incomes and all ages, but especially for those who have the least choice in achieving their locational preference’.”
  • If this application is approved, the Planning Department has no requested modifications other than indicated above.
Mr. Steve Hollander, 32 year resident of South Windsor, spoke in favor of the text amendment to allow the use of a building rich in history that is deteriorating before it disappears. The Main Street area is filled with important historic buildings which are large and difficult for most people to maintain. What is being proposed is an opportunity to salvage a building and offer a use to benefit the community and become an asset for South Windsor.

Ms Virginia Macro, resident of Main Street and Chairperson of the Historic District Commission, spoke in opposition to the zoning amendment which is proposed only in the A-40 zone which covers the entire length of Main Street. The A-40 zone contains the Local Historic District and two National Historic Districts as well as one individual house on the National Register of Historic Places. Ms Macro cited the newly adopted POCD where 77% of the population of South Windsor wants the character of Main Street preserved. Ms Macro stated the allowance of bed & breakfast use is very different from that of a rooming house. The incentives of owner occupation and historic preservation are not required with rooming house use. The Watson House, where the rooming house could be proposed, is a rare example of a three story mansion, one of the first designed by an architect, remaining in the Connecticut River Valley. She urged the Commission to deny the broad request that could lead to irreparable damage and degradation to the character of Main Street that the majority of South Windsor residents would like to preserve.

Mr. Gary Pitcock, resident of Long Hill Road, spoke in opposition to the amendment noting a previous application for a residential home care facility proposed in the A-40 zone which was denied in 2011 by the Commission which was not comfortable with a blanket ruling for this type of use in an historic district. Mr. Pitcock was motivated to serve on the Historic District Commission Board after the Watson House incurred damage when it was turned into a bed & breakfast. He warned there would be no incentive to maintain the preservation or integrity of the house if the proposed use is to be allowed.

Ms Louise Evans, resident of Main Street, stated she had mixed feelings about the application. She questioned the difference between a rooming house and a boarding house stating anyone living in a rooming house would require meals to be brought in and eaten in their rooms. Ms Evans asked why the present application was being proposed only for the A-40 zone which is a historic district when previously rooming houses were once allowed throughout South Windsor. She suggested the option of accessory apartments which are presently allowed as an alternative and agreed with the requirement that the owner must live on the premises if the amendment is approved. She noted if the residents are severely handicapped there should be a requirement for someone to be present at all times in case of emergencies which would place a great onus on the owner of the property.  She asked about for rent signs being posted and their negative impact in local and national historic districts. Parking could be a disaster for some locations especially those with smaller lots. The issues with sewer, garbage, water and fire protection also have to be considered.

Mr. Art Utay, South Windsor resident and homeowner on Main Street and chairman of the recently created Town of South Windsor Demolition Delay Commission, urged the Commission to deny the application. South Windsor’s historical, architectural and cultural heritage is what distinguishes it from other towns. The A-40 zone that is Main Street and its adjacent areas most embodies those qualities. Mr. Utay stated the necessary changes to interiors and exteriors to bring any of these buildings in compliance with state and federal codes and regulations will negatively affect the character of Main Street. Special Use requires site modifications like parking areas which negatively affect the surrounding properties. He continued stating the proposed amendment, if enacted, would give future applicants legal and ethical grounds to force other special exceptions to be granted on Main Street accelerating the destruction of the qualities that make South Windsor unique.

Mr. David Raymond, resident of Main Street, spoke of the fragile state of the north end of Main Street which has the highest concentration of historic houses in South Windsor and the honor it is to contribute to the town’s heritage maintaining his home with iconic sheep. He stated the north end of Main Street is in a pivotal moment citing the sale of the Watson House as RT 5 develops and traffic increases. If Main Street is allowed to retain its historic character it will be because people invest and move into these houses understanding the historical importance of them and maintaining them as such. Mr. Raymond remembered the Watson House as a child when his grandmother lived there and recounted when the house was sold in the ‘90’s and was converted to a bed & breakfast without respect for its historic significance. He stated his concern that if houses on Main Street are allowed to be converted to rooming houses the houses will suffer and those people who need to be attracted to the area to keep the houses up will not want to live in the area. Mr. Raymond urged the Commission and anyone involved with the planning to keep the northwest corner of South Windsor a place where people want to invest and live.

Ms Jean Cohn, resident of Ferry Lane, stated she agreed with the previous concerns voiced and as a lawyer suggested looking at landlord tenant law. Under Connecticut law anyone in a rooming house has the same rights as a tenant would have in an apartment, no matter how short the stay, no eviction could be allowed without going through that entire process including eviction with marshal assistance.

Mr. Scott Kelley, resident of Main Street, applauded the applicant, Ms Isherwood’s, attention and effort working with those with special needs and acknowledged the need for this type of facility but voiced concern with the broadness of the application. He asked if the Commission would have the power to discriminate between ‘drug rehab’ or ‘half way houses’ and the educational housing for those with special needs proposed if such an amendment was to be passed even if a special exception approval is involved. Mr. Kelley stated, as a developer himself who has come before the Commission, if a use is allowed in a zone by special exception it can be used from then on even if the intent may be quite different from what is being discussed this evening.

Commissioner Dexter read an email from Mr. Floyd Baranello of Main Street sent to the Town Planner requesting that the premises be owner occupied if the amendment is approved (Exhibit C).

Commissioner Kuehnel asked why the A-40 zone was the only zone identified for this amendment. Ms Isherwood stated her goal was to create an amendment that would have the least impact and resistance from the Commission and community to allow for a use that was previously allowed for eighty years and there are a number of houses in the Main Street area in disrepair that could benefit from this use.

Commission Foley asked if a rooming house was to be approved in a certain location could it be turned into a rehab facility. Town Planner stated one could not discriminate against who could rent rooms within a rooming house but that this request was not for a licensed facility like a rehab facility but rather a rooming house. The Commissioner asked about building and fire code issues regarding egress and fire suppression systems. The Planner stated those specific codes relating to rooming houses would have to be met if this use was approved. Commissioner Foley stated if the amendment was expanded town wide any house with a 40,000 sq ft area could refinish its basement with multiple bedrooms and be turned into a rooming house. The planner replied if the use was expanded town wide and building code was met for bedrooms in basements it would be allowed.

Commissioner Pacekonis asked Ms Evans to speak again about possible approval conditions for the amendment. Ms Evans stated she is not in favor of a regulation for one specific building which would then impact an entire area. There should be another approach to this request rather than affecting a three mile area. Most residents are proud of the history of South Windsor and want to see the historic areas preserved. She stated it would be hard to know if this use would be detrimental to the property in question but that any changes would have to go before the Historic District Commission and questioned if the property was even 40,000 sq ft in size.

Commissioner Pacekonis asked the Town Planner about the sewer and septic issues Ms Evans mentioned. Ms Lipe replied if a site was on a septic system it would go through the health department to determine if the existing system was sized large enough for the proposal based on the number of bedrooms in the building. If sewers existed in front of the building it could connect to that system through a WPCA approval and if there were no sewers available they would have to demonstrate the ability to put in a new septic system on their property in conformance with health codes.

Acting Chairman Pacekonis stated the Commission appreciates all the public input from Main Street in support of the preservation of Main Street which he shares. Special exception approvals give the Commission an opportunity to consider everything the public brings forward. He asked if certain conditions such as requirements for accessory apartments where there cannot be more than a certain number within a thousand feet be required.

Ms Isherwood spoke about the differences between a boarding house and rooming house where boarding houses received compensation for boarding with meals. She stated this proposed use would have the residents preparing meals in the one kitchen in the house rather than having take out meals brought in for the residents. Ms Isherwood continued there would be no signage involved with the house and spoke about the needs of those inflicted with autism. She stated the residents would be highly functional not needing 24 hour supervision and the intent of this use is meant to be transitional in nature for people to be there for a time and then to live independently or to be sent back to their families if not independent. Ms Isherwood stated they all agree Main Street is to be preserved but not to be a place to discriminate where only certain people can enjoy and maintain it.

The Public Hearing was closed at 9:14 p.m.

REGULAR MEETING / MADDEN ROOM

CALL TO ORDER:  Acting Chairman Pacekonis called the Regular Meeting to order at 9:25 p.m.

PUBLIC PARTICIPATION:  none

NEW BUSINESS: Discussion/Decision/Action regarding the following:       
THE FOLLOWING ARE MOTIONS MADE DURING THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION HELD IN THE MADDEN ROOM
ITEM:  NEW BUSINESS

  • Appl. 13-23P, Amoun Pita & Distribution / Amoun Road Service – request for a DMV General Repairer’s license to operate an auto repair facility and a site plan modification, on property located at 363 Pleasant Valley Road, I zone
Commissioner Dexter read a letter from the applicant, Mr. Mohsen Youssef, to postpone the application and grant a 30 day extension to continue their application at the next scheduled meeting.
Commissioner Kuehnel moved to postpone the application and accept the 30 day extension request and Commissioner Carroll seconded the motion.
The motion carried and the vote was unanimous.

  • Appl. 13-29P, Mangino Temporary & Conditional Permit Renewal– request for a renewal of the two-year temporary and conditional permit to allow two apartments on property located at 272 Pierce Road, RR zone
The Town Planner described the request for the in law apt and discussed previous approval conditions.
A motion was made to approve by Commissioner Knehnel with the following modifications:
  • This approval is for two in-law apartments for a family member/relative only. When the in-law apartments are no longer occupied by a relative of the family, the apartments cannot be treated as a second dwelling unit. Instead, the kitchens must be removed and the living areas must be converted into other living space for the main dwelling.
  • This permit will expire in two years, on July 12, 2015, and will have to be renewed at that time if the use is to be continued.  Owner(s) of the property must reside in an apartment or the main dwelling unit.
Seconded by Commissioner Carroll.
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 (Continued from 6/11/13 and continued to 8/20/13)
The Commissioners discussed the application and chose not to take action on the application at this time.  
This item will be placed on the September 10, 2013 agenda.

  • Appl. 13-30P, Isherwood Zoning Amendment  – request to amend Article 3 Residential Zones, Table 3.1.1A, Permitted Uses, Impervious Coverage and other Provisions Zone, to add “Rooming House” as a use permitted by special exception in A-40 residential zones and amend Table 6.4.3A Minimum Required Parking Spaces – Residential Uses to require 1 space for each bedroom in a rooming house
The Commissioners discussed the application and chose not to take action on the application at this time.
This item will be placed on the September 10, 2013 agenda.

  • Appl. 13-33P, PMM Enterprises LLC dba Empire Auto Group – request for Used Car Dealer license for property located at 713 John Fitch Boulevard, GC zone
Applicant, Mr. Primo Rondinone, presented his application for a used car dealership. Town Planner asked Mr. Rondinone to clarify his narrative for the business which lists car repairs. Mr. Rondinone stated his used car dealership would be changing the oil and checking the brakes on cars he would be selling.

The Town Planner read staff comments:
  • Request for site plan approval and used car dealer license for property located at 713 John Fitch Boulevard, GC zone. This site has previously been used for motor vehicle sales, with the most recent approvals granted in 2006, 2008, and 2010. Historically, the site has been used for the storage of vehicles; and the site has generally been in violation of its former approved site plan. This new applicant is now requesting to reutilize the site for used car sales only.  His proposed hours of operation are Monday – Saturday from 10 a.m. – 6 p.m.
  • A variance was granted in 1981 to Route 5 Motor Cars, a previous tenant, to allow 15 cars to be parked in front of the building line; this applicant is showing 13 spaces. The plan shows a total of 37 vehicle parking spaces.
  • As is common with Route 5 sites, the ROW for Route 5 is very wide, and the applicant’s property line is about 50 feet away from the edge of Route 5. If vehicles are parked in front of the building line, they need to at least be on the applicant’s property, not the State ROW.
  • The existing building is nonconforming to current zoning regulations, with a 33’ setback, 50’ required under today’s regulations.  There are no building additions or modifications proposed with this application.
  • Site size is just over a half acre. We note that, while the site plan shows delineated parking spaces, the majority of the site actually is broken asphalt and gravel, and the areas in which vehicles are to be parked are for the most part indistinguishable from the remainder of the site. I have several pictures that were taken recently of the site.
  • This site is currently not landscaped. The applicant has proposed to clean up the site but not to add landscaping. Staff note that in the last approval, PZC required the applicant to add planters around the site as there is no area on the property for in-ground landscaping.  We would recommend that a landscaping plan be created and submitted for approval.
  • Is there any lighting on the site?  One major issue we tend to have with car dealerships is noncompliant lighting and use of spotlights. A previous approval in January 2006 required that site lighting must be brought into compliance with zoning regulations, as there are unshielded spotlights. Also, some of the light poles had been disconnected and were no longer functioning.  It does not appear from the site visit that any of the lights are working.  The applicant should address this issue.
  • The sign regulations allow both a building sign and a freestanding sign. The building sign would be allowed to be about 60 square feet, and the freestanding sign would be allowed to be 24 square feet. A permit will be required before it is installed.
  • Currently there are is a dumpster on the site however it is not screened. Staff recommends that it be placed on a concrete pad and screened.
  • Public water and sewer currently service the site.  WPCA approval is not required.
  • If this application is approved, the Planning Department has no other requested modifications.
An anonymous letter concerning the application and a previous tenant, Mike Farina of Prime Auto Group, which had been sent to Acting Chairman Pacekonis was read into the record by Commissioner Dexter (Exhibit D). Acting Chairman Pacekonis asked Mr. Rondinone if he had any knowledge of Mr. Farina. He replied he knew Mr. Farina from car auctions but never did business with him and that Mr. Farina is not involved with his dealership in any way.

The Commissioners discussed the application and asked the applicant to revise his plan to address lighting, landscaping and the dumpster on the location. This item will be placed on the September 10, 2013 agenda.

BONDS: Callings/Reductions/Settings:

  • Appl. 07-69P, Dzen Tree Farm Phase III Subdivision Bond in the amount of $725,500 to be reduced by $516,500 to leave a balance of $209,000.
Commissioner Carroll made a motion to reduce the mentioned bond. Commissioner Kuehnel seconded the motion. The motion carried and the vote was unanimous.

MINUTES:  7/16/13, 7/23/13 and 7/24/13 were adopted by concensus.

A motion to extend the meeting past 10 p.m. was made by Commissioner Kuehnel.
Seconded by Commissioner Carroll.
The motion carried and the vote was unanimous.

ADJOURNMENT:
Motion to adjourn the meeting at 10:07 p.m. was made by Commissioner Carroll.
Seconded by Commissioner Kuehnel.
The motion carried and the vote was unanimous.

Respectfully Submitted,
Lauren L Zarambo
Recording Secretary