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PZC Minutes 09-10-2013
MEMBERS PRESENT: Bart Pacekonis, Viney Wilson, Betty Kuehnel, Mario Marrero, Will Butter
ALTERNATES PRESENT: Stephanie Dexter, Stephen Wagner
STAFF PRESENT: Michele Lipe, Town Planner; Jeff Doolittle, Town Engineer; Lauren Zarambo, Recording Secretary

APPLICATIONS OFFICIALLY RECEIVED:

  • Appl. 13-36P, Sudden Service — request for a site plan modification for the addition of a 4,000 sf storage facility, on property located at 840 Sullivan Ave, GC Zone
  • Appl. 13-37P, DeMallie Coverage Zoning Amendment – request to amend Article 3 Residential Zones, Table 3.1.1A, Residential Area, Density and Dimensional Requirements, to modify Impervious Coverage and Lot Coverage in MFA/AA and A-20 zones; to modify Article 7, Special Regulations, Open Space Subdivisions, Table 7.14.5A to add Maximum Lot Coverage, RR, A-40, AA-30, A-30 -20%;  and to add to Article 10, Definitions a definition for “Lot Coverage (building)” and modify existing the definition of ”Building Area”
  • Appl. 13-38P, Town Square at Evergreen Walk – request for a site plan modification for architectural changes to the approved apartments; addition of six garage buildings (totaling 42 spaces); and an outdoor pool area with cabana, to be known as the “The Haven at Town Square”, on to be located on a portion of 151 Buckland Road [within "Evergreen Walk"], and being approximately 1,200 feet west of Buckland Road and 400 feet north of Smith Street, Buckland Road Gateway Development Zone

PUBLIC HEARING/ COUNCIL CHAMBERS


CALL TO ORDER:  Acting Chairman Bart Pacekonis 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 Thursday, August 29, and Thursday, September 5, 2013 into the record.

The Acting Chairman appointed Commissioner Wagner to sit for Commissioner Carroll and Commissioner Dexter to sit for Commissioner Foley and welcomed Commissioner Butter as a full member of the Commission.

  • 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  

Mr. Peter DeMallie of Design Professionals Inc representing the applicant, Mr. Art Silvestri of South Windsor Stone & Landscape Supply, presented the application with their attorney, Wayne Gerlt. He described the site plan and special exception approval which was previously granted by the Commission in July of 2009 and described the site located in the middle of an industrial zone on a map. He described one of the primary reasons for the application is to modify site access. The previously proposed reciprocal travel access easements which would have given Connecticut Light & Power (CLP) access to a driveway on the Silvestri’s property to accommodate CLP traffic and would have given the applicant access to the rear southeast corner of their property along the CLP right of way did not happen.

Mr. DeMallie described the equipment used on site for their permitted uses in the industrial zone to process the materials they use to make them the number one producer of high quality top soil in the area for their customers and area nurseries. The Silvestri’s have invested in an internal screener that does not generate unnecessary noise to produce their product and also acquired a new smaller and quieter front end loader to load vehicles. They also compost the majority of collected leaves from the town to create the top soil that is the backbone of their business.

Mr. DeMallie stated their intent is to address neighbor complaints the town has received regarding the applicant’s business and to make a slight adjustment to their hours of operation during their busiest season from April to June.

At the time of approval for their 3,000 sq ft building, a strip of land along the street frontage was donated to the town per the Town’s request to accommodate future street improvements and widen the right of way. Over time the Silvestri’s have donated three parcels of land to the South Windsor Land Conservation Trust totaling approximately 50 acres, making them the largest private land donor to the South Windsor Land Conservation Trust in the town.

Mr. DeMallie stated Gerber Construction was hired this year for a total reconstruction of Strong Road and showed a picture board titled ‘Strong Road Construction Summer 2013’. He stated that the reconstruction has been disruptive to both the neighborhood and to the Silvestri’s business during its busiest time of the year. During the reconstruction there was far greater commercial traffic associated with that reconstruction than there ever was generated by the subject facility.

Sound measurements were taken on site at the residential property lines with a calibrated meter by Zoning Enforcement Officer, Pam Oliva, and Andy Krar of Design Professionals Inc and the results reflected levels within the range of the standards of the Town and State noise ordinances.

Modifications were shown on a site plan which included the originally proposed easement. That easement has now been closed off and a permanent arborvitae hedge row is proposed to be installed instead. An area in northeast corner needs to be restored to the previously required landscape area. That area presently houses bins. The original plan included a landscape island proposed in the center of the parking area which will now be installed. A few additional bins are proposed in the southeast corner of the site. Due to the loss of the reciprocal easement access a secondary means of ingress and egress is proposed to the south of the water detention basin and out to Strong Road to facilitate operations on the site and move operations away from the residential neighbors. In the northeast corner required landscaping on the original site plan was not installed instead it became a gravel area with bins facing Strong Road. The bins in that area will now be removed and the arborvitae hedge row will be restored as well as the landscape area.

There are two buildings on site. The main building houses a customer service display area, an office and a warehouse garage facility in the back. To the south of that structure is a ‘hoop building’ and to the south of that hoop building is where the mobile screening operation takes place. They are requesting permission to operate the mobile screener. The applicant has in recent weeks installed an underground irrigation system to control dust. The office of East Hartford Sand and Gravel, a company also owned by the applicant, is also housed on the site for business by telephone only.

Mr. DeMallie stated their traffic statement was submitted to the Town Planner today and is being submitted to the Commission at the meeting. The prior traffic statement was also referenced. He stated the volume of commercial truck traffic with loads of 6 yards and larger as eleven commercial vehicles per day on average.

Commercial truck traffic in the area has increased with the improved economy creating more commercial traffic, a bus company which uses Strong Road all the time, metal recycling and refuse recycling operations from Nutmeg Road, and trucking terminals on Strong Road, trucks also come from Redland Brick and New England Silica whose driveway is diagonally across from the site. This spring and summer Gerber Construction and their many subcontractors also generated a tremendous amount of truck traffic for the neighborhood. Many vehicles not associated with the Silvestri’s business were turning around on their site. The Town Planner was notified about that situation.

In the narrative statement the applicant is asking for a modification to the public hours of operation: Monday through Friday, 7:00 A.M. to 5:30 P.M.; Saturday, 7:00 A.M. to 5:30 P.M. (April 1 through Labor Day) otherwise 7:00 A.M. to 2:30 P.M. (Labor Day through March); Sunday 10:00 A.M. to 2:00 P.M. with no screening of materials.

Attorney Wayne Gerlt, on behalf of the applicant, submitted a letter from a neighbor who lives directly across the street from the business, Ms Ann Pola, 290 Strong Road, in support of the application (Exhibit A). The Attorney stated the industrial zone includes residential houses within it which surround the business. The truck traffic unfortunately exists but is not all from the applicant’s business. Steps have been made to correct the flow of traffic on the site. The applicant was surprised when CLP did not give the requested easement but amendments have been made to the industrial property by reshaping their driveway to accommodate turning radius’ at the farthest point away from the residential neighbors as possible. The applicant is trying to accommodate both his small retail and commercial businesses. The main access point near the center of the property for the Stone and Landscaping business will serve residential vehicles. The screener is integral to his business for topsoil production. The attorney invited any interested persons to go on site to listen to the screener and loader in use and witness the low volumes of sound produced.

Town Planner Michele Lipe gave staff comments:

  • Request for modification to the special exception and site plan approval for a landscaping supply center, on property located at 287 Strong Road, I zone.   This request is in front of the PZC because of complaints received by our office is May and subsequent zoning enforcement for non-compliance with the original approval granted.  
  • The original approval granted in 2009 was for a special exception to table 4.1.1A is for landscape materials sales and storage for his business, South Windsor Stone and Landscaping which included a showroom and office area. Additional zoning provisions for this use state:
  • Primary building shall be minimum 2,000 sq. ft. (excluding greenhouses);
  • Except plant materials, outdoor storage/sales area shall not be visible from a public street.
  • Also, at the time of the original approval, self storage units were approved on site and as originally designed, these buildings were to screen some of the bins and outside activities. The applicant’s original plan also included the use of the existing ROW owned by CL&P located on the easterly border for access; however the was not able to reach an agreement with CLP.
  • The storage units were never built. Changes made on site included a temporary structure; removed existing required landscaping islands and added several bins around the property. In addition, the nature of activities on site has expanded and the applicant now has a screening operation resulting in more truck traffic that stated with the original approval. It appears that now two businesses are operating from the site – East Hartford Sand and Gravel as well as the original South Windsor Stone and Landscaping business.
  • Today’s request is in response to that violation notice. The applicant is requesting to expand the original special exception approval.
  • The applicant is proposing expanded hours of operation. Changes from the previous approval include the additional of Sunday hours and later hours on Saturday April 1 through Labor Day.
  • Other changes include additional bins.  The original approval was for 18 bins; the new site plan shows in excess of 30 bins. Several of these bins do not appear to meet the screening requirement in the regulations which states, “Except plant materials, outdoor storage/sales area shall not be visible from a public street”.    
  • The rear of the property originally showed an equipment storage area where vehicles (tri-axles, trucks and a trailer) would be parked after hours. Staff originally expressed concern about potential conflicts with customer traffic in this area; the applicant had indicated that the equipment will not be on site during hours the business is open to the public.
  • The applicant is now requesting approval to operate the screening operation in that area – and again we have concerns that there is adequate room to do all that is stated on the plans.
  • The applicant has proposed a new 12 foot wide access drive on the far westerly end of the adjacent residential property (that he owns) for trucks.  The new traffic pattern is a little unclear.  Will this be for one way traffic? Is there adequate room to turn around with the screener and the number of piles currently on site?  
  • The original traffic study indicated approximately 85 total vehicle trips on a week day with 6 vehicles in the am and 11 vehicles in the pm peaks.  They anticipated 1-2 trucks per hour over the course of the day.  The complaints received by this office have documented a significantly larger number of trucks on a daily basis.  We just received this information today and have not yet had a chance to complete our review.
  • Maximum impervious coverage allowed is 65% allowed; 58% shown. It appears that the adjacent property is being used as a part of the operations, either that site needs to be included with zoning information and request approval for the areas that are part of this operation, etc or activities currently occurring on that site need to be to pulled back on to 287 Strong Road with all activities supported solely on the lot that is subject of this application.
  • Parking requirement (retail, office) is 10 spaces; 10 spaces are shown.  
  • Two temporary signs are currently depicted in the pictures and have not been permitted; a permit is required and only the sign in front of the lot where the actual business is being conducted is allowed.
  • If this application is approved, the planning department would request that the public hearing remain open for the applicant to address some of the concerns raised by staff this evening and for an updated site plan.
Town Engineer, Jeff Doolittle, began staff comments clarifying information about the reconstruction of Strong Road which happened this spring. The work at the western end of Strong Road happened partially in May and primarily in June. It was a period of approximately two to three weeks when there was a lot of work intensely being done on the western end of Strong Road. The contractor was instructed to keep driveways to all businesses and properties open during that time. There were a few days when parts of the road were inaccessible when large excavations were made in the road but the contractor did their best to keep access open to all businesses and if we received complaints, we responded to them. Mr. Doolittle noted the traffic report that was just received shows an increase in truck traffic to this site this May and June over last May and June which infers the business was not affected significantly by the reconstruction of Strong Road.

Engineering has reviewed the site plan modification received on 9/3/13 for the above site and has the following comments:  

  • This site plan does not clearly show the traffic patterns on site, where the screener and other equipment is located and all the soil stockpiles and how the surface drainage flows on site.  It is also not clear what activities may be taking place and are proposed on the lot at 275 Strong Road with the house.  These issues need to be clarified on the site plan and business operation narrative.  
  • What is the purpose of and what vehicles will be using the proposed access driveway on 275 Strong Road that leads to the south west part of 287 Strong Road?  There is already an existing driveway serving the house and garage on this property.  Is the proposed access a one-way driveway?  Is there a place for vehicles using this driveway to turn around on either property?  How many vehicles will be using the business at 287 Strong Road (via all proposed and existing driveways) and what is the proposed traffic flow for this business?  
  • This proposed driveway comes very close to the large 32” diameter birch tree on 275 Strong Rd.  What measures will be taken to protect this tree from damage?  
  • Clearly show the location of all equipment being used on 287 and 275 Strong Rd and the location of all soil stockpiles on both properties.  
  • The plan shows two 6” spruce trees on the front western portion of 275 Strong Road and three 3” pine trees on the south west portion of 287 Strong Road.  These trees are not all visible from the street.  Insure the site plan accurately shows all trees and vegetation on both properties.    
  • There are several sections of plastic vinyl fence that cross the property lines between 275 and 287 Strong Road.  These need to be accurately shown and labeled.  Why are they across the property lines?  
  • The approved site plan called for a drainage swale along the western side of the building at 287 Strong Road to convey storm water from the building and front area to the water quality basin in the south west corner of this property  The spot elevations do not clearly show this swale.  Where is the stormwater from property at 275 and 287 going?  Is any storm water flowing to the water quality basin?  
  • The proposed access driveway and possibly the soil stockpiles and equipment are up close to the existing water quality basin.  There need to be some measures to protect this water quality basin from sediment, debris and other impacts from the operations proposed and/or occurring around it.  
  • Show all (granite) posts along the side of Strong Road in front of 275 and 287.  Any (granite) posts in the Town’s ROW need to be moved out of the ROW because they are a hazard so close to the road, and may be damaged by snow plows and other vehicles.  
  • Show the new radius of the driveway to the CL&P property on the eastern side of the site, where it has been reduced and (mostly) moved off 287 Strong Rd property.  
Mr. James Throne, a customer of South Windsor Stone and Landscaping, spoke in favor of the application stating he did not understand the complaints being raised against a successful business working in an industrial area.

Mrs. Virginia Bamber, resident of Strong Road representing some of the neighbors of Strong Road, spoke in opposition to the application stating she filed a complaint in April because the truck traffic had increased dramatically over the last seven months. Mrs. Bamber stated Mr. Silvestri was issued a notice of violation on May 13th which required him to come before the Commission with new plans. Two of the violations have been taken care of as of today. The 1st was for a ‘hoop house’ which was put on the property without the benefit of a permit. The 2nd violation concerned the CLP driveway for which in 2009 the Commission required a letter of approval from CLP to exit the end of his property onto theirs which he never provided. She stated the applicant has been trespassing for three years on private property. For the last three years the business and neighborhood coexisted peacefully but in March the tri-axle dump trucks, screener and payloaders came in. She described the volume of noise and dust from three pay loaders and screeners and bins that have been enlarged, jersey barriers which have been heighted and safety issues with piled up pallets and the unkempt site. She stated 39 dump trucks were counted in one day and that Mr. Silvestri is doing all of this without the permission of the Commission. Ms Bamber thinks Mr. Silvestri is moving his East Hartford Sand & Gravel business to the site. She stated even after he was not given permission to use the CLP driveway he has moved the barrier and let trucks through. The property is too small for what he wants to do. She submitted documentation of activities on the site to the Commission (Exhibit B).

Ms Fay Durfee, resident of Strong Road for 36 years where the CLP driveway runs between their property and the Silvestri’s, spoke in opposition. She described Mr. Silvestri as a very disrespectful neighbor especially since this spring describing the site with balloon ‘hoop house’, trucks and dust as a mess with barriers piled high. She stated the site now is too small for the business taking place there and application approval should not be granted.

Mr. Lionel Harris, resident of Strong Road, agreed with the prior speakers describing their neighborhood as formally quiet but now very different. He stated his daughter almost had an accident being run into by a dump truck. He described his ceiling cracking and his house shaking because of the heavy truck traffic and emphasized the increased truck traffic this year.

Mr Rick Bamber, resident of Strong Road supported his wife and neighbor’s complaints. He described the sounds he hears through the day within his house when tri-axle vehicles come into the site and dump their loads as loud and frightening. He stated concern about property values of their homes and that there is not enough room for the gravel business on the site.

Ms. Nancy Jackson stated she is a 30 year resident of Strong Road and that the last few months have been very difficult for health issues. The land is too small to have two businesses on one property. She has witnessed near accidents and has safety concerns for school buses on the road and the neighborhood which they are proud of.

Commissioner Wagner asked about non-conforming residential properties. Planner Lipe stated the houses are existing in the industrial zone and although non conforming to current uses allowed in the industrial zone, they have every right to exist. Their right to be there is not taken away even in the industrial zone and can be sold as residential homes or as industrial property. Commissioner Wagner read the town ordinance concerning noise and asked to what extent the noise regulations apply to the business. The Town Engineer answered they do apply in the industrial zone and those limits need to be looked at in this case and will return with comments.  The Commissioner stated noise and dust are impacting residents. He stated safety issues in respect to any children occupying the house or visiting need to be addressed and asked if the house could be sold in the future as a separate lot. Attorney Gerlt replied in the unlikely event the house was sold separately an easement would have to be created or the driveway removed. Wagner asked the Town Engineer to comment about complaints that the site is too small for what the applicant is doing. Mr. Doolittle stated the size of the site is based on coverage ratios and if the activities can fit on the site and more information is needed to determine if it can fit. The Commissioner stated he did not think the number of trucks using the site could be limited in an industrial zone but that the other issues raised need to be addressed.

Commissioner Butter asked whether a sound study was done on the site. Mr. DeMallie stated Engineer Andy Krar from Design Professionals Inc took sound readings on site accompanied by Zoning Enforcement Officer, Ms Pam Oliva, as witness. Mr. DeMallie will submit the sound study into the record and described where the study was taken and what was being measured. Town Planner Lipe asked Mr. DeMallie to distinguish between the types of noise being measured since screener and front end loader operations were recorded but not the customer’s trucks unloading.  She stated the noise ordinance addresses impulse noise and its associated noise levels. Commissioner Butter shared Commissioner Wagner’s concern that the driveway is located within another property and whether an easement would be asked for today as part of the application. The Planner stated they are presently separate lots which could be sold at any time and referenced Attorney Gerlt’s prior comment that if the property was to sell an easement would be added. From a planning perspective the lot is not part of this site.  

Commissioner Marrero agreed with town staff stating the proposed access drive is not adequate for truck traffic as well as for bi-directional traffic. He stated customers will also be competing with the truck traffic on that same drive. The Commissioner voiced concerns also with competing truck traffic from the brickyard across the street. He and the Town Engineer discussed the property’s frontage on Strong Road which had been donated to the town for a right of way.

Commissioner Wilson stated she remembers the applicant’s prior approval in 2009 and stated the conditions of approval have not been met. She asked what happened seven months ago to have generated so many complaints from the neighbors. She asked if the applicant amended their business without coming before the Commission. The Planner stated she would defer to the applicant to answer but that the screener presently used on site was not part of the original approval. Commissioner Wilson stated they have not adhered to the original conditions of their approval. The Planner stated they were sited because they exceeded the scope of their approval and some conditions had not been met. Expansion of the original approval is what the applicant is seeking with this request.

Commissioner Kuehnel stated the Town Planner and Engineer have raised questions and comments which have not been addressed. The Planner replied they have requested the public hearing remain open in order to address some of the concerns. Mr. DeMallie stated they will address all concerns at that time.

Acting Chairman Pacekonis asked about the birch tree near proposed driveway which may be impacted. Mr. DeMallie replied the branches and root system may be impacted but this will not be known until digging begins and that it is the Sylvestri’s preference to save the tree. The Acting Chairman requested the noise from trucks dropping off their loads be included in the next sound study. Mr. DeMallie stated the average truck numbers submitted to the Commission are accurate and reflect all loads in excess of six yards and will confirm whether the sound from vehicles that are licensed to operate on highways is regulated under the town noise ordinance or by state law or at all. The Acting Chairman requested a list of equipment used on site be provided at the next meeting, as well as the complaint about barrier heights increasing from four to six feet be addressed, and to have truck traffic logs which were presented to Town Planner from the neighbors and truck logs from the business be submitted to have a better understanding of how many trucks access the business. He also requested information about the excess pallets being stored on site and requested to know when East Hartford Sand & Gravel started operating out of this facility and whether it is temporary or if the activity will increase. Mr. DeMallie stated he knows the business portion has been incorporated on site but will find out if the physical business of East Hartford Sand & Gravel has been moved to the site.
Commissioner Wagner asked when the screener was installed and was it associated with the 7 month period of increased activity on the site. Mr. DeMallie stated he believes the screener was acquired late last year. The Commissioner asked what has changed in the request for a special exception since 2009. Mr. DeMallie answered to build a new driveway which in part will be located on the other lot the applicant owns, to revise the site plan to show where the bins are located, to modify landscaping elements, to modify their weekend hours of operation and for the screener itself. To extend a special exception we have to review the criteria of no traffic or hazards being created, safety issues, and minimum or no adverse affects on existing uses in the area. We have heard from these residents that adverse effects are happening now. Attorney Gerlt stated they are not asking for another special exception and that this is a site plan modification and then expounded on the details. Commission Wagner stated the application is a request for a modification to the special exception previously granted. And asked what will happen if the modification is not granted. The Attorney stated they would be back to their special exception and operate out of the one driveway.

Commission Butter requested to see truck logs for trucks carrying less than six yards. Mr. DeMallie stated would look into what other records exist for small vehicles.

Acting Chairman Pacekonis made a motion to extend the public hearing until September 24th

Seconded by Commissioner Wagner . The motion carried the vote unanimous.

The Public Hearing of September 10th ended at 9:22 p.m.

REGULAR MEETING / COUNCIL CHAMBERS

CALL TO ORDER:  Acting Chairman Pacekonis called the Regular Meeting to order at 9:26 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 COUNCIL CHAMBERS
ITEM:  NEW BUSINESS

  • Election of Officers was suspended because two Commissioners were absent.
  • Appointment to CRCOG Regional Planning Commission to fill 2013 Seat left by former Chairman Patrick Kennedy was suspended because two Commissioners were absent.
  • 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)
Commissioner Wilson made a motion to approve 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.
  • 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).
  • In the event additional parking is needed, the applicant will be responsible to provide more spaces on the adjacent property.
  • Food establishments must be incompliance with all Public Health Code requirements. Health Department must be consulted prior to the commencement of construction of any kitchen interior space and/or outdoor space to be used for food and beverage service.    
  • The fire marshal’s office and building department must consulted and appropriate permits obtained for changes to the exterior of the building and temporary tents for special events.
  • Activities that are permitted under this approval 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, such as volleyball.
  •  Hours of operation are limited to:
  • Outdoor Hours (maximum hours): Music 1 P.M. to 11 P.M.; Events~1 P.M. to 11 P.M.; Outdoor Patio 1 PM to midnight.
  • Indoor Hours (maximum hours): 9 A.M. to midnight Sunday thru Wednesday, to 1 A. M. on Thursday, to 2 A.M. on Friday, and to 3 A.M. on Saturday. Operation graduation events may run through the night (lock down).  
  • Alcoholic Beverages (maximum hours): Outdoors - patio~open~11 A.M. ~until~midnight; Events 9 A.M. to 11 P.M., except 11 A.M. to 11 P.M. on Sunday. Indoors 9 A.M. (except Sunday 11 A.M.) ~thru midnight (Sun - Wed), 1 A.M. on Thursday, 2 A.M. (Fri & Sat).
  • The speakers shall be directed towards the north, facing away from the residential neighborhood to the south at all times.
  • The owner must have a sound meter on site during all outdoor events and measurements are to be taken periodically and shall be recorded and logged.  
  • The owner is required to conduct sound readings at the first two events large outdoor events (100 or more people). The information gathered shall include noise readings on site, off site including date and time taken at several intervals throughout the event and submit to staff for review.
  • The owner must provide town staff with contact information for the current general manager of the facility including phone and email.
  • In the event that town staff receives noise complaints, the staff may require the applicant to provide sound reading, conducted by a third party, at the next outdoor event to demonstrate compliance with the town noise ordinance.  If noise complaints continue and the applicant is in violation of the noise ordinance, the applicant may be required to take some mitigating measures (e.g. construct band shell) to reduce the sound and/or the PZC may reduce the hours of outdoor music.  
  • The applicant is responsible to have security measures replace to monitor the parking areas through the duration of the events.”
Seconded by Commissioner Kuehnel.

Acting Chairman Pacekonis stated sound tests previously done were not done to industry standards. He requested requiring all future tests to be done according to industry standards with the sound meter 1 or 1.5 meters off the ground with the instrument on a tri-pod. He also stressed the Commission has the option to amend hours of operation if more complaints come in from the residents.

Acting Chairman Pacekonis called the motion.  The motion carried and the vote was unanimous.

  • 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 Town Planner stated Commissioners who were not at the prior meeting have received the minutes for review.

Commissioner Marrero stated rooming houses have an 80 year history of being allowed in South Windsor. The Planner replied the regulation was taken out in 2007. The proposed amendment is to allow them in the A-40 zone only and that criteria would be added for owner occupation and parking regulations.

Commissioner Kuehnel stated the Commission just completed the POCD with the Implementation Plan and according to this plan, the Commission will be addressing the historic issues of Main Street in the Implementation Plan and doesn’t think this is the time to approve this amendment.

Acting Chairman Pacekonis stated the way this amendment is proposed is too broad and suggested a committee be formed on how to address future issues affecting Main Street.  Most testimony received did not want to change Main Street. The Town Planner addressed the necessity of closure for this proposed amendment because the public hearing has closed.

Commissioner Wagner stated it is a difficult vote because what is being proposed is addressing a need not being met by the school system or elsewhere and complemented Ms Isherwood on her proposal. The Commissioner also stated there could be  unforeseen consequences to add the required parking to residences on Main Street and that there will be egress changes and interior work to code which would be necessary for conformance. He stated owner occupancy may prove unenforceable. He strongly supported the Acting Chairman’s idea for a committee.

Commissioner Kuehnel made a motion to deny the application because of the need for more study on the broad reaching amendment.  

Commissioner Wilson seconded the motion.

The motion carried and the vote was unanimous.

Acting Chairman Pacekonis asked for members from the public to participate in a sub-committee for uses on Main Street.  Karen Isherwood, Ginny Macro, Daryl Ramsey, John Pribila (who does not reside in the area and will be taken under consideration), Janet Utay, David Raymond and Doug Nation volunteered.

A question came from a gentleman from the public as to when this committee would meet and how the public would be notified. The Planner stated there would be notices for this sub-committee’s meetings on the town website and in the town clerk’s office. Commissioner Wilson and Acting Chair Pacekonis will be part of the sub committee also.

A motion to extend the meeting past 10 p.m. was made by Commissioner Butter.

Seconded by Commissioner Kuehnel.

The motion carried and the vote was unanimous.

  • 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 information regarding the site lighting, landscaping and dumpster on the site.

Commissioner Wilson made a motion to approve with the following modifications:

  • All free standing signs and/or building signs require the issuance of a sign permit before they are erected.
  • Any dumpsters must be placed on a concrete pad and screened.
  • A final plan for site lighting must be submitted to staff; all site lighting must conform to zoning regulations.
  • The number of vehicles to be offered for sale is limited to 37.  No automobile repairs are to be conducted on site.
Commissioner Kuehnel seconded the motion.

The motion carried and the vote was unanimous.

  • 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  
Public hearing continued to September 24, 2013.


BONDS: Callings/Reductions/Settings:

  • Appl. 07-27P, M & R Liquors Landscaping Bond in the amount of $5,000 to be reduced by $3,000 to leave a balance of $2,000.
Commissioner Wilson made a motion to reduce the above mentioned bond. Commissioner Kuehnel seconded the motion. The motion carried and the vote was unanimous.

  • Appl. 07-27P, M & R Liquors IWA/CC E&S Bond in the amount of $7,500 to be reduced by $7,500 to leave a balance of -0-.
  • Appl. 07-27P, M & R Liquors IWA/CC E&S Bond in the amount of $15,000 to be reduced by $15,000 to leave a balance of -0-.
Commissioner Wilson made a motion to reduce the above mentioned bonds. Commissioner Kuehnel seconded the motion. The motion carried and the vote was unanimous.

MINUTES:  8/20/13 was adopted by consensus.

ADJOURNMENT:

Motion to adjourn the meeting at 10:21p.m. was made by Commissioner Wilson
Seconded by Commissioner Kuehnel.
The motion carried and the vote was unanimous.


Respectfully Submitted,
Lauren L Zarambo
Recording Secretary