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PZC Minutes 10-08-2013
MEMBERS PRESENT: Bart Pacekonis, Billy Carroll, Betty Kuehnel, Mario Marrero, Will Butter
ALTERNATES PRESENT: Stephanie Dexter, Stephen Wagner
STAFF PRESENT: Michele Lipe, Town Planner; Lauren Zarambo, Recording Secretary

APPLICATIONS OFFICIALLY RECEIVED:
  • Appl. 13-44, Evergreen Walk LLC- request for a site plan to construct a 15, 000 sf medical office building in the Evergreen Walk development, Unit 14, on property located at 151 Buckland Road, GD zone
  • Appl. 13-45P, G & R Marine LLC – request for a special exception to Table 4.1.1.A and Section 4.2 and site plan modification to allow boats sales and servicing, on property located at 44 Kimberly Drive, I zone
PUBLIC HEARING/ MADDEN ROOM

CALL TO ORDER:  Chairman Bart Pacekonis called the Public Hearing to order at 7:33 p.m.

The Chairman read the legal notice as it was published in the Journal Inquirer on Thursday, September 26, and Thursday, October 3, 2013 into the record.

  • Appl. 13-32P, South Windsor Stone and Landscaping Supply LLC – request for a modification ot 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a landscape material sales and storage business property located at 287 Strong Road, I zone (continued from 9/10/13) WITHDRAWN
Chairman Pacekonis read an email dated 10/4/13 from Attorney Wayne Gerlt on behalf of the applicant to withdraw and resubmit the application at a later date.
The Public Hearing closed at 7:35p.m.

REGULAR MEETING / MADDEN ROOM

CALL TO ORDER:  Chairman Pacekonis called the Regular Meeting to order at 7:36 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. 13-42P, Delton Automotive LLC – request for DMV General Repairer’s license and site plan modification, for property located at 89 Commerce Way, I zone
Applicant, Daniel Delton, an ASE certified master automobile technician for over 10 years, presented his application stating he will be bringing quality automotive repairs to South Windsor. No auto body work will be done on premises.

Town Planner Michele Lipe gave staff comments:

  • Application for site plan approval for a motor vehicle general repairer’s license to operate Delton Automotive on property located at 89 Commerce Way, I zone. The applicant currently is proposing to lease 4,000 sf portion of the building to the rear of the existing industrial building.  
  • Site size is approximately 30,000 sf. Proposed impervious coverage is 63.3%; 65% allowed.  Parking requirement based on the proposed uses of the building is 13 spaces.  The applicant is providing 18 spaces.
  • The automotive service and repair use is listed as a permitted use in the industrial zone uses in the industrial zone.
  • The applicant’s proposed hours of operation include: Monday through Friday – first shift, servicing up to 10 vehicles a day.  He intends to employ 3 - 4 employees and will have couple of vehicles on site as loaners for his customers.
  • The improvements to the site include the expansion of the gravel parking area to the rear of the site, a concrete walk to connect the building to the parking area, and the placement of a dumpster on a concrete and screened.
  • There is public water and public sewer available to the site.  WPCA approval is not required. IWA/CC approval is not required.
  • Any proposed signage would require the issuance of a sign (temporary or permanent) would require the issuance of a sign permit before it is installed.
  • The Fire Marshal and Building Official have been consulted and the applicant is aware of the code requirements. Those requirements will have to be satisfied at the time a building permit is issued for the change of use.
  • If this application is approved, the planning department has no requested modifications.
Chairman Pacekonis seated Commissioner Wagner for Commissioner Wilson and Commissioner Dexter for Commissioner Foley.

Commissioner Carroll asked the applicant about the site which has been cleared of the debris shown in a former aerial site photograph. The applicant stated the site is being prepared for pavement with the required drain installed.  Gravel parking will be added. The center bay is designated as an office area. The Town Planner confirmed existing parking along the side and back is adequate and meets parking requirements. Commissioner Carroll asked if the dumpster is shared between owner and applicant. Mr. Delton replied it is only for his use and that the owner brings his trash to the dump. Chairman asked about floor drains. Mr. Delton replied there are no floor drains in the entire leased area. The Planner confirmed oil storage would be in compliance with DMV. The applicant is not doing business anywhere else stating this is his first business venture. Commissioner Marrero asked what is housed in the building now. Mr. Delton answered the owner’s construction equipment is stored inside of the building. Commissioner Wagner inquired whether the town engineer looked at the overall environmental control. The Planner replied the site has been reviewed regarding grading, otherwise the oil storage is under the jurisdiction of the DMV. Exhaust fume management is handled by special high temperature hoses all under state building code and will work with the Building Department in the change of use.

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

  • No building permit will be issued until the final mylars have been filed in the Town Clerk's office.
  • An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.11 of the Zoning Regulations.
  • All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
  • This approval does not constitute approval of the sanitary sewer, which can only be granted by the Water Pollution Control Authority.
  • The building street number must be included on the final plan.
  • Pavement markings must be maintained in good condition throughout the site drives and parking areas.
  • All free standing signs and/or building signs require the issuance of a sign permit before they are erected.
  • A building permit is required for the change of use. The fire marshal’s office and building department must consulted regarding changes to the interior of the building and the specific building codes that must be to.
  • Any additional outside lighting must be in conformance with the zoning requirements.
  • Engineering comments dated 10/2 13 must be incorporated into the final plans.
Seconded by Commissioner Wagner
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  (Continued from 9/10/13) WITHDRAWN
  • Preliminary discussion with Stephen Carrabba regarding the process zoning for the re-use of an industrial building to be used for a producer of licensed medical marijuana (see enclosed letter)
Mr. Carrabba was not present for the discussion. The Town Planner speaking from the perspective of interpreting zoning regulations and having had a discussion with the Town Attorney, stated this type of use would be similar to any other production facility which is permitted under the listed use “manufacture and production facilities for the processing of components or goods.” A dispensary would be separate from a production facility and similar to any other retail use that could be located in any retail commercial zone as would a pharmacy. The Planner has downloaded the state law and regulations which are numerous for both production facilities and dispensaries.

Lipe explained that a typical application for a permitted use in an industrial building could include exterior changes which would be subject to a site plan modification to come before the Commission. If there was an existing site plan on file and no changes were proposed where the warehouse component square footage remained the same and the square footage for the office component did not change, there would be a zoning check to be sure of compliance of the use and parking and referral to the Building Department and Fire Marshal for any interior changes. If someone proposed taking an industrial building to be used as half office space zoning requirements related to parking would have to be met.

Some CT towns are changing their regulations by defining uses and adding state definitions to their use tables. South Windsor’s use tables are more generic in nature. The Planner asked the Commissioners about whether they consider this as a permitted use in our regulations or how an application of this type would be handled. The State is requiring everything to be located inside of a building. The Planner referred the Commissioners to the Use Tables on page 4.1 and in the middle of page 4.3.

The Chairman invited anyone from the public to participate in the discussion and Mr. Peter DeMallie from Design Professionals Inc, stated he believed the production would be treated as pharmaceutical manufacturing; manufacturing with a product in the end so to be treated as manufacturing. Distribution would be only by prescription from a medical doctor. Mr. DeMallie posed a question through the Chairman to the Town Planner asking hypothetically if a facility was approved for a large manufacturing and warehousing operation and was vacant with a certain number of parking spaces and loading spaces, and there was no need for the loading spaces could parking be increased by restriping the loading area to conform with what is current. The Planner stated an application as described could come in as a change order and, if needed, could come to the Commission.

Commissioner Marrero stated the public should know about the facilities and asked what would trigger a public hearing.  Commissioner Butter stated it is still illegal federally but not enforced as an offense making it a potential issue. The Planner stated the regulations from both the Department of Consumer Protection and from the State are vast.

Mr. DeMallie stated for security reasons producers would want a secure facility that would remain anonymous. Each applicant is required to have an independent security consultant analyze everything about the site and submit their report with the application.  If Design Professionals Inc is involved they would consult with the Planner and PD Chief Reed and model after existing regulations for manufacturing facilities which have been improved upon by what has been done in ME, MA, & RI. Production facilities are regulated and would be very secure because the product is an attractive commodity. Chairman Pacekonis stated fences and barred wire would be unattractive and unnecessary with electronic surveillance.
Commissioner Dexter asked how the product would be distributed. Mr. DeMallie replied distribution would take place from vaults in secure environments into vehicles and taken to licensed dispensaries within the State of Connecticut.

It was the consensus of the PZC that the production facility and dispensary would be considered permitted uses. The Planner will research the implication that it is not legalized federally with the town attorney and will let the PZC know her response.

  • Discussion regarding Town Plan of Conservation & Development Implementation
  • Main Street Sub-Committee
Planner Lipe distributed the Main Street Sub-Committee Draft document to the Commissioners and asked for feedback on what the committee should actually be charged with in order to be most effective. A list of volunteer members was briefly discussed with the goal of broad membership. The Chairman stressed the importance of finding out exactly what the goals and objectives will be and, in order to be objective, to have open opinions from all sides to make informed decisions.

The Planner extracted two objectives from the Town Plan to address the preservation of the visual character of Main Street. The potential of future development can be looked at with open space subdivisions on Main Street where open space would be required.  Land use for interior lots was mentioned. The goal of preserving historic buildings and landscape needs to be addressed in tandem with allowable uses along Main Street. In the last two years two different zoning text amendments have been brought before the Commission with ideas for new uses for historic buildings. Both text amendment applications were denied because of Main Street concerns. An exploratory exercise will be to examine what already exists on Main Street to explore the potential of other uses.

The Planner has researched the idea of a village district for the area and stated creating a village district is very intensive in terms of regulations and suggested alternatives such as supporting historic district expansion. Commissioner Wagner raised the subject of affordable housing. Planner Lipe stated properties on Main Street have always been offering affordable housing for rent in accessory and in-law apartments and others. Commissioner Dexter asked about the scope of Main Street toward the East Hartford town line in the RR zone. The Chairman spoke about the decline of historic buildings when they are not allowed to move forward with new uses like the Watson house where gradual demolition by neglect is evident. Commissioner Wagner spoke about downtown Hartford and the new uses for buildings like the G Fox building as a way of building preservation.

Commissioner Marrero had a conversation with a Main Street resident whose sole goal is to preserve the historic integrity of houses. The Planner stated the historic district can control aspects of the exterior of houses and looks to find ways to preserve Main Street’s character and find new uses. Commissioner Wagner brought up a well pump house out building on Main Street which came before the ZBA that could have been used for an apartment but was met by neighbor’s rejection. Commissioner Kuehnel asked what is driving the concerns of the Main Street residents.

Chairman Pacekonis stated the real concern is about change and about protecting the whole environment of Main Street, which is still a pristine area, from any sort of change.
The Planner stated the Town Plan of Conservation and Development laid out the policy direction for the Commission. One of the strategies being to investigate uses of historic buildings by looking at flexibility in zoning for their potential re-use. Maybe nothing will come from this or by this process some agreement and understanding will be made to help create the future for Main Street. She sited the low key, small scale, design driven 291 Overlay Zone and suggested the potential an overlay zone could allow for the re-use of some buildings with specific control over them. She shared the concerns raised by Commissioners that if the nothing is done to come up with strategies for re-use that some historic buildings will fall further into decay.

Commissioner Kuehnel asked about the post office building which may someday close. The Planner replied right now it could be reused as a church or day care center but an overlay zone might allow for other uses. Special exceptions and temporary & conditional permits were discussed using the example of the Watson house which was approved under a temporary & conditional permit and then in 2007, when bed & breakfast was added to the regulations, went out of business. Carroll encouraged creating an overlay zone to cover uses. Commissioners Wagner and Carroll spoke about the re-use of old mansions in Manchester and on the Prospect Street border of Hartford and West Hartford.    The Planner suggested a worthy goal for the committee to explore alternative uses on Main Street to promote the continued preservation of the buildings. The Chairman suggested meeting on Tuesdays when the PZC was not in session, 6:30 to 8:00 p.m.

  • Town Center Planning
There are funds remaining from the POCD budget to continue planning and a proposal was presented to hire Glen Chalder, principal of Planimetrics, to explore an overlay zone for the town center. The Commission would work with Glenn to develop a Town Center draft for a more walk-able commercial center. Consensus was had from the Commission to work with Glenn to move ahead with our Implementation Plan.


BONDS: Callings/Reductions/Settings:

MINUTES:  9/10/13 adopted by consensus.

ADJOURNMENT:
Motion to adjourn the meeting at 9:48 p.m. was made by Commissioner Carroll
Seconded by Commissioner Dexter
The motion carried and the vote was unanimous.

Respectfully Submitted,
Lauren L Zarambo
Recording Secretary