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PZC Minutes 11-26-2013
 MEMBERS PRESENT: Bart Pacekonis, Billy Carroll, Viney Wilson, Betty Kuehnel, Frank Bonzani
ALTERNATES PRESENT: Stephanie Dexter
STAFF PRESENT: Michele Lipe, Town Planner; Jeff Doolittle, Town Engineer (arrived at 7:33 pm); Lauren Zarambo, Recording Secretary

APPLICATIONS OFFICIALLY RECEIVED:
  • Appl. 13-53P, South Windsor Little League and Town of South Windsor – request for site plan modification to construct a new, two-story concession facility and press box, on property located at 138 Ayers Road, A-20 zone
  • Appl. 13-54P, Lovett Major Home Occupation Renewal dba Pleasant Valley Landscaping – request for a 5-year renewal of a landscaping major home occupation MHO at 44 West Road, RR zone
  • Appl. 13-55P, Nomads’ Outdoor Aerial Park – request for a special exception to Section 7.1.1A and site plan of development for an outdoor aerial park (recreational facility), on property located on L008 Governor’s Highway (northerly side of Governor’s Highway, westerly of Route 5), I zone
PUBLIC HEARING / COUNCIL CHAMBERS

CALL TO ORDER:  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, November 14, and Thursday, November 21, 2013 into the record.

  • Appl. 13-52P, G & R Marine– request for renewal of a 2 year temporary and conditional permit (Section 2.13.a) to boat storage at 51 Glendale Road, I zone
Mr. Ben Wheeler, professional landscape architect from Design Professionals Inc., presented the application stating at the last PZC meeting G & R Marine received site plan modification approval to base their operations at their 44 Kimberly Drive address.  51 Glendale Road will be used for overflow boat storage parking for the business where a temporary and conditional permit for boat storage was previously granted in August of 2000, renewed in October of 2002 which expired in 2004. All boats stored on the property, which will number up to 75, will be stored in the existing chain link fence and gated area. Between both sites, G&R Marine can store up to 150 boats. There are no proposed site improvements.

Town Planner, Michele Lipe, gave staff comments:

  • Request for a 2-year temporary and conditional permit for the storage of boats on property located on the northerly side of Glendale Road, I zone. There was an approval for a two-year T&C permit which was granted on August 1, 2000.  That permit was renewed in 2002.  Upon expiration in 2004, the applicant did not renew the permit.
  • This boat storage area is fenced (about 200’ x 150’) by a chain link fence.  There is an existing structure on site (old barn). No site improvements are proposed with this application.
  • There is no screening of the site proposed as part of this application. The Commission has required the other more visible storage site to add some plantings and/or fence slatting along the street frontage. The Commission may want to consider this while accessing the site and surroundings on the aerial map that was provided.
  • The wording of the T & C permit regulation is that, “Temporary and conditional permits may be granted by the Commission for a use which is not specified elsewhere in these regulations for a period not to exceed two years. Such approval may be given after a Public Hearing if, in the judgment of the Commission, the public convenience and welfare will be substantially served, and the appropriate use of neighboring property will not be substantially or permanently injured, and traffic and other hazards will not result from such use.”
  • Boat storage without a primary structure is not specifically permitted in any zone.
  • If this application is approved, the planning department would request that adequate room be left on the site so that vehicles can turn around and that there is no backing out onto Glendale Road and emerging vehicles can maneuver on the site.
There were no staff comments from the Town Engineer.

No one from the public spoke in favor or opposition to the application.

Commissioner Kuehnel asked if the applicant will be doing the screening recommended by the Town Planner. Mr. Wheeler replied the Glendale Road site is not readily visible from Route 5 and they plan to leave the site as it is with the chain link fence.

Commissioner Carroll asked about the use of the building on site. Mr. Wheeler stated it is not used for anything and will remain in place. The Commissioner asked if there will be repairs performed on the site and Mr. Wheeler stated there will be none.

Chairman Pacekonis asked if there were restroom facilities in the existing facility. Mr. Wheeler replied the building is an old barn that has been there for a long time and it has no restroom facilities.

The Public Hearing closed at 7:39 p.m.

  • Appl. 13-43P, Free Spirit Farm LLC – request for special exception to 7.12.2 and site plan approval for the use of existing barn and farm for boarding, breeding, training and instruction involving horses, under the Commercial Animal Agriculture regulation, on property located at 112 Pheasant Way and 1080 Avery Street, A-30 and RR zone (Continued from 10/22/13)
Mr. Robert Selig, applicant, apologized to the Commission and neighbors of Free Spirit Farm for any confusion resulting from their presentation at the last public hearing and described their farm and history. He stated their intention to clearly define the use of their land as a farm, to conform to current planning and zoning regulations and to properly insure the farm from liability while breeding, training and showing of horses and instructing students and owners. Mr. Selig stated they were not expecting opposition from their neighbors but now are aware of their concerns and spoke to address comments and questions raised at the 10/23/13 public hearing.

Clients with trailers will use 1080 Avery Street to drop off or pick up horses. This use on average is expected to be once or twice a month. The Selig’s personal trailers will be used and stored on 112 Pheasant Way and, on occasion, a client may use the Pheasant Way site if it is determined to be the safest way to deliver a horse. Parking for overnight trailers will be done at 1080 Avery Street and will only rarely be used and then only overnight. All parking is indicated on their site plan.
Mr. Selig stated he has applied for and received a WPCA permit and was informed they will be paying a separate annual sewer user fee for this use. This eliminates the need for any port-a-potties on their farm.

Lighting will be limited to the two lights which now exist in their riding ring, indicated on their site plan, which are there for the safety of the horses and riders in the fall & winter months. All other existing lighting is safety and building lighting.

They do not have a public address system on site today and do not intend one for the future. Riding lesson programs will continue and schooling shows will be held two to three times a year attended by family members and friends of family.

The pathway running between the two farms, noted on the site plan, was always there. The storm from a few years ago took out trees and the trail was modified to the property line which meets abutting properties. Since then they have changed the path and have installed a gate in their back yard so there is no activity with horses in the front of property. This allows access to the riding ring and the Avery Street property without walking the horses along property lines shared with homes on Partridge Lane. They now limit the use of the path to their golf cart and tractor use.

Mr. Selig stated he hopes all changes will satisfy the needs of all parties and read from the CT State Department of Agriculture guidance and recommendations for livestock and the Town’s Plan of Conservation and Development which promotes adoption of provisions to protect the rights of farms and the continued preservation of farmland which was strongly supported by the town as shown in the results from the town survey. He then introduced civil engineer, Christian Alford of Alford and Associates, who drew their site plan.

Chairman Pacekonis appointed Commissioner Dexter to be seated for Commissioner Foley.

Town Planner, Michele Lipe, gave staff comments stating there were no new comments other than Mr. Selig did receive Water Pollution Control Authority approval on November 6, 2013 for the house at 112 Pheasant Way for a commercial use and now will pay a commercial fee annually for its use.

The Town Engineer had no comments.

Mr. Calvin Hulstein, resident of South Windsor since 1964 and 7 year resident of the property on Pheasant Way in front of the Selig’s property, stated as long as he remembers there have been horses on the Hatch and Selig’s properties. When they purchased their property they were aware of the easement over their property for the driveway to the Selig property. They are the closest house of any in the neighbor to the barn on the property and have never been disturbed by the horses or noises and see no reason why not to approve what has always been going on for years on the property describing the Hatch’s and the Selig’s as wonderful neighbors who take good care of their animals and property.

Ms Carol Hatch, resident of Wyndemere Court, spoke to reassure neighbors that the Selig’s are kind and caring about their neighbors describing Kimberly Selig as a shy person not particularly comfortable with large groups of people coming to their farm. She stated the riding ring is behind the home of her husband who does not want large groups of people near his home and assured all things will not change at the farm.

Ms Amy Coniam, resident of Manchester and friend of the Selig family who rides horses on their farm, spoke highly of the Selig’s and that they value the neighborhood as safe, quiet and beautiful as their neighbors do. She commented on their contribution to the open space of the area and the State and as stewards of the property have increased the area’s property values and quality of life. She encouraged the neighbors to work together.

Mr. Rick Siedman, 24 year resident of an abutting property on Partridge Lane which lies behind the manure area of the Selig’s property, stated he has never smelled the manure, heard the horses or their training or seen lighting from his yard. He has spoken with realtors in regard to property values who have said the horse farm increases values and another said it does not affect value one way or another.

Ms Karen Kaminski, resident of Margaret Drive, has boarded her horse at the Selig’s farm since 2003 and her horse has not left the farm since arriving there. She commented on the excellent care the Selig’s provide all horses on the property. Ms Kaminski is a family friend and schoolmate of Kim and her sister, who all rode horses on the property prior to the Hatch / Selig purchase of Fairlane Farm. She stated the use and purpose of the farm has not changed in the 30 years she has known the property. She now visits once a week and always finds Free Spirit Farm and her horse in good order stating the Selig’s keep up the maintenance of fences, barns, landscaping and manicuring pastures and she never has to worry about her horse’s safety or well being. As mentors who have hosted farm tours for girl scout troops they also have had neighbors over to visit the horses.  She has never seen any large scale horse events or shows and the largest event included seven people riding in the ring, no trailers were needed and normal commuter traffic was split between Avery Street and Pheasant Lane entrances. She encouraged approval of the application stating the Selig’s intent is not to increase the scope of their operation but to demonstrate compliance with changing farmland regulations.

Mr. Keith Pugliese, 13 year resident of Quail Run and a life long resident of South Windsor, stated the Free Spirit Farm was a known entity when the residential development of the abutting Kupchunos property was built. He stated the Selig’s have been courteous neighbors and he is in full support of their application.

Ms Melanie Ebersold, resident of Glastonbury has known Kimberly Selig for thirty years and for the last three years she and her daughter have been riding horses at Free Spirit Farm where Kimberly and her daughter, Kelsey, have been teaching and mentoring her teenage daughter. Learning equine skills has been particularly valuable in her daughter’s teen years in a safe place doing a safe activity to learn responsibility, self confidence, a strong sense of family, compassion for animals and excellent horse care. Ms Ebersold expressed gratitude for the life lessons her daughter has learned on their farm while keeping her grounded and safe.

Ms’ Erica Pugilese and Pam Garcia, residents of Quail Run, have been riders at the Selig’s farm for four and five years and expressed their enthusiasm of growing up around the farm where they could visit and help with the horses. They called Kim Selig a role model and a second mother to them. Neither had heard complaints about the property and are in favor of the application.

Mr. David White, resident of Coventry, stated he was employed by South Windsor for 35 years as a high school chemistry teacher teaching residents and later their children. His wife’s family has been South Windsor residents for generations. He described South Windsor as an ideal community to raise families not just because of the school system but the quality of life of the farming community and the closely knit citizenry. Kim Selig, for more than twenty years, has continued the long history of South Windsor’s roots as a farming community by owning and caring for her horses and farm in a responsible manner providing school children the opportunity to experience her farm. Mr. White expressed gratitude for the horse therapy Kim has provided for his six year old grand niece who is a cancer survivor and urged the Commission to grant approval to the Selig’s farm which is an integral part of the community which at its core cherishes its roots in Connecticut’s history in keeping with the character and soul of what South Windsor is all about.

Secretary Commissioner Wilson read eight letters written in support of the application from Police Chief Matthew and Kathleen Reed (Exhibit A), Ms Claire Pugliese (Exhibit B), Ms Susan Bonde and Richard Jones (Exhibit C), Ms Theresa Kenny (Exhibit D), Ms Sara Grasso (Exhibit E), Mr. and Mrs. Julie and Eric Thompson (Exhibit F), Ms Jennifer Clark (Exhibit G), and Kelly and Payton Garcia (Exhibit H).

Mr. Mark Bushman, resident and abutting neighbor on Partridge Lane, stated he agrees with the previous speakers on what good neighbors the Selig’s are and has no issue with what they are doing presently on their property. He complemented Mr. Selig’s revised narrative which has no planned changes to existing lighting, no port-a-potties or extra sanitary facilities and no public address systems planned and goes over the changes to the pathway. He still has concerns over how many horses will be boarded or trained on the property. When it is said they currently have eleven and could move up to twenty there is a concern about the scope of what is happening increasing. Mr. Bushman asked why the Selig’s eleven horses (5 on the Hatch property and 6 on their own) were not specified in the narrative and if the special exception is granted will it allow for future expansion of the farming activity above and beyond where it is now. Also, if the special exception runs with the property, a new owner may not have the history that the current owners have with the town. The zoning change from rural residential to commercial agriculture will not fit in the neighborhood especially if the property is expanded or sold. He asked for some kind of limits or time limits to be placed on granting the special exception.

Ms Serina Gallo, 24 year resident and abutting neighbor on Partridge Lane, stated the scope of her backyard has changed over the years she has lived there. She had no opposition to the first three times the Selig’s sought special exceptions for building their home on their interior lot and building their barn. But now, since her privacy and life have been encroached upon, is compelled to voice her opinion that no other changes are allowed to occur on the property.

Ms Gallo stated the Selig’s do not qualify for the special exception because they have not met requirements for Zoning Regulation 3.2.2, Interior Lots, which are limited to single family dwellings and permit accessory structures and that interior lots will be allowed only in the following zones: RR, A-20, A-30, A-40 and AA-30.

Ms Gallo stated the Hatch’s bought a property from the Lane’s however they did not buy a commercial business from them. According to the Secretary of the State of CT, Fairlane Farm Inc was established July 13, 1976 and forfeited in 1977 and the final dissolve bonded on May 30, 1980. No record of any business at 1080 Avery Street after 1976 was ever recorded with the State of CT or with the South Windsor Town Clerk or Assessor. Free Spirit has just petitioned the State of CT for the LLC designation on September 30, 2013 demonstrating for the past 37 years there has been no recognized business practice on that property on state or local level. Ms Gallo asked the Commission to uphold Article 3.2.2 and deny the Selig’s request. She concluded she does not have a problem with the Selig’s hobby but wants to preserve her family’s quality of life and property value.

Ms Krystyna Krudysz, 21 year resident of Quail Run, stated she has never had a problem with the neighboring farm but for the last two or three years she has had to cope with smells coming to her house. She now has concern for her grandchildren visiting who complain about the odors. Ms Krudysz questioned whether there is adequate emergency access in times of severe weather to the CLP easement on the Seligs’property which may be compromised with the proposed increased use. She stated the Selig’s have fencing on that land but no gate to have access and questioned if any structure or fencing is allowed on a utility easement.

Ms Krudysz stated there is access to the interior lot from a very narrow strip on Pleasant Way which should not be used for commercial vehicles or trailers. She questioned in times of emergency if the Fire Marshal will have adequate access to the interior lot. Ms Kryudysz asked if the special exception will be for only for the two owners or whether it is for each lot and if the approval goes with the lots, new owners could do something else with the properties. She has concerns Avery Street, which is a collector street, will become congested and dangerous with limited sidewalks for school children and prone to more accidents. She also stated the sewerage pump station should be upgraded if the application is approved.

Ms Sharon Van Niel, abutting resident on Partridge Lane, stated she appreciates Selig’s addressing the issues previously raised and supports horses and farming as a positive influence in the community. She has concerns in rezoning the property commercial. She moved to Partridge Lane as a residential neighborhood and does not want an abutting property rezoned commercial. She believes the quality of life in the neighborhood will be decreased if there is an increase in the number of horses kept on the property and questioned the environmental impact of more horses or other animals on the property. She asked if fences will be built to protect the privacy they enjoy now and stated a commercially zoned property in a residential area devalues the property closest to the commercial zone. She expressed concern if the property is sold with a commercial zoning and the increase of traffic with the increase of activity.

Mr. Christopher Gallo, resident and direct abutter on Partridge Lane, stated he agrees with the sentiments of the supporters of the Selig’s as good neighbors and that they have had no problems with the Selig’s for the 17 years they have been neighbors. He complemented the Selig’s for their recent reduced use of the path and then commented on Mr. Hatch’s use of the path with his golf cart stating they have filmed him viewing their home and posted that film on utube. He also stated Avery Street is an extremely busy road and suggested a traffic study be done to know whether Avery Street can support a commercial business near a school district. He submitted a petition with 140 signatures (Exhibit I) and submitted a letter from his brother-in-law, who spoke on November 22nd in opposition to the application, for the secretary to read into the record. Secretary Commissioner Wilson read the submitted letter written in opposition from Mr. Ralph Brancaccio of Vernon, CT into the record (Exhibit J).
Mr. Robert Crusha, resident of Partridge Lane, stated he was representing neighbors in a section of the neighborhood down the street from the Selig’s who are uncertain about what is being proposed, how big it could be and if approved and in the future sold what could happen with the properties. He asked if it could become a bigger operation or a ‘foster farm’ requiring more parking. Mr. Crusha stated in general he has never seen, heard or smelled horses or a volume of trucks so that he was not even aware of the farm on the property.

Ms Susan Bushman, resident and direct abutter on Partridge Lane, submitted a photograph to the Commission showing how close her property is to the applicant’s property (Exhibit K). They do not have any issues with the eleven horses that her neighbors have between the two properties but are concerned with the projected number of 20 horses which nearly doubles what they have now and the traffic that would be generated. She asked if the Selig’s were to move what could a commercial designation do to the property.

Ms Bushman appreciated the letter dated 11/4/13 she received from the Selig’s stating there would be no port-a-potties and that they did not intend to have a PA system. She then asked if they do not intend to, could they have one in the future and will the Commission put the proper conditions in place so that it never happens. Ms Bushman stated she has concern about the business hours from 7 a.m. to 8 p.m. being too broad for a residential area. She asked once designated commercial what will be the abutting residents’ rights. She went over the A-30 zoning designation of the immediate area and that of Chase Orchards which is zoned RR with lot sizes measuring 20,000 to 30,000 sq ft within the A-30 range making the point the proposed commercial endeavor is in the middle of a totally residential area. She asked if the Commission considers the approval of this special exception as ‘spot zoning’. Under the ‘Scope of Business, Part B’ on record in town hall, it reads ‘the horses will be boarded primarily within the barn and structures shown on the site plan augmented and refigured as needed’. She asked augmented how much and where and will this also require approval. She does not want to see a parking lot in her backyard. She asked the Commission to consider all the facts and the possible negative affects a commercial special exception will have on a residential neighborhood.

Mr. Ryan Soucy, resident of Partridge Lane, stated the big concern is the zone change itself. He thanked the applicant for being forthright since the first meeting.
Ms Erica Pugliese spoke again to state that neither the school buses for their high school or Timothy Edwards Middle School go near the property on Avery Street or Pheasant Way so traffic will not be an issue.

Ms Eugenia Wilkos, direct abutting resident of Pheasant Way, stated the traffic is fine now but she has concerns if the business grows will traffic be an issue in the future. Their three or six horses are now eleven.

Commissioner Bonzani asked Mr. Selig if he currently has eleven horses. Mr. Selig replied they now have ten horses as one had passed on. The commissioner asked if they were expanding to 20 horses. Mr. Selig stated the number of 20 horses was given in regard to the manure management plan which was submitted at the first meeting but in Mr. Selig’s personal opinion they will never reach that number. He went over the site plan stating most everything that takes place in their farm takes place in the center of it with the rest of the property buffered with trees and fence lines. The site plan approval that they are seeking is for the fence lines that exist now and they do not intend to move fences or reduce the buffer zones.

Mr. Selig read from an 11/21/13 inspection report for their properties from the CT State Department of Agriculture Bureau of Regulation and Inspections which concluded the property and activities meet the definition of agriculture in Connecticut general statutes Section 1-1Q and that the practices described are generally accepted agricultural practices.

Commissioner Wilson asked the Town Planner if the interior lot poses any major issues regarding restrictions for uses on interior lots. The Planner stated there are specific criteria for interior lots regarding their shape and size and how they are created but there are no stated use restrictions. Allowed uses are determined by the Use Table.
Planner Lipe clarified that this application is not a zone change request. The zoning of the Selig property is rural residential zone with an A-30 strip that comes off of Partridge Lane but their property itself is zoned RR. She cited the zoning use table which verifies this is a use allowed by special exception which is defined by the narrative of its scope of business and special exception criteria. The Commission has the ability to place conditions on the approval if they choose to approve an application as a special exception use. Special exceptions do run with the land without time limit. The Planner stated if approval is given the one recommendation she would make, because this is a joint application between 1080 Avery Street and the Pheasant Way property, that in the event either property were to sell, property owners would have to come back to the Commission for another commercial animal agricultural approval because it would no longer encompass the 16 acres.

Commissioner Carroll asked Ms Bushman about the trail shown on the photograph she submitted and Mr. Selig if the path can be moved further into their lot and screening added. Mr. Selig replied they have rerouted 90 % of the traffic away from that path and rerouted it to come up through their backyard and stated he would be willing to listen to recommendations by the Commission.  The Commissioner asked about hours of operation. Mr. Selig stated they do start as early as 7 a.m. to feed horses but they do not give lessons at 7 a.m. or at 8 p.m. They get grain deliveries twice a month from a truck the size of a UPS or FedEx truck in their driveway in the late morning or lunchtime hours. The number of 20 horses was estimated for the manure management plan but he does not foresee having that many horses on the property and could reduce that estimate by two horses. He stated no one in the neighborhood will see an impact of increased traffic or horse trailers and in the case of a horse show they mostly show their own horses with everyone going together 5 or 6 times a year. Commissioner Carroll asked if Mr. Selig could amend the hours of operation. Mr. Selig stated weekends are a busy time when people come to ride their horses but no one comes at 7 a.m. to do so and when they have to load a trailer, the prep is done the day before, and in the morning drive out the driveway.

Chairman Pacekonis asked how many lessons are given a week. Mr. Selig replied they might have 12 to 15 students once a week with no more than two cars parked at 1080 Avery Street where the riding rink is located, generally 10 lessons a week. The Chairman asked if Mr. Selig would be acceptable to a cap of 16 horses. Mr. Selig stated they could handle possibly up to 20 and would be comfortable with a limit of 18 horses.

Chairman Pacekonis stated he understood the resident’s concerns for traffic and trailers and will suggest limits if approval is given. The Chairman asked the town planner about the right of way on the easement for CLP. The Planner stated there have been no recorded issues with access for CLP and generally it is a matter between the utility company and the property owner.

Mr. John Duffy, resident of Pheasant Lane, stated he has a concern with the ambiguous number of horses and asked what the state guidelines are for acreage and numbers. Town Planner Lipe explained the original approval before 2007 used to be two acres for one horse and one horse for each additional acre. Now there is no longer a horse / acreage ratio for commercial animal agricultural operations. Instead it is based upon best animal management practices. The regulations were changed because previously animals only grazed and now they are cared for differently. Mr. Duffy stated people would like to see a cap on the number of horses allowed and believes 18 horses are too much and that 15 may be more reasonable.

The Public Hearing closed at 9:59 p.m.

REGULAR MEETING / MADDEN ROOM
        
Commissioner Carroll made a motion to extend the meeting past 10 p.m. to go no later than 11 p.m.
Seconded by Commissioner Kuehnel
The motion passed 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

  • Annual Meeting –
With two commissioners absent, the annual meeting was postponed until the next regular meeting to be held on December 10, 2013. 

  • Appl. 13-40P, 570 Sullivan Avenue LLC - request for a site plan modification for the expansion of the parking area for the storage of tractor trailers, on property located at 570 Sullivan Ave., I zone
Mr. Russell Heintz of Tarbell, Heintz & Associates, Inc. presented the application and showed the site on a site plan. He stated all parking will be paved. Wetland approval has been given and a soil scientist will have a planting plan for the property.

The Town Planner gave staff comments:

  • Request for a site plan modification for the addition of tractor trailer storage yard including employee parking on property located at 570 Sullivan Ave., I zone
  • The applicant received approval in 2008 for a special exception for a general repairer’s license, site plan approval for equipment and material storage and temporary and conditional permit for sales of construction equipment on the property.  At that time the site was approved for :1) storage and sales of construction equipment, including heavy construction equipment and trucks; 2) building and related materials storage and sales; 3) display of construction equipment and trucks and heavy construction equipment for sale, lease or rental; and 4) general contracting establishment and related operations, The existing building is currently used for office and warehousing.
  • One concern we want to express is that we expect the applicant to follow what is shown on the plans.  There will potentially be many vehicle that need to maneuver on site and will need adequate room to do so.  Currently there are large vehicles along the fence line that are in not in an area shown for that type of storage.
  • Maximum impervious coverage allowed is 65%: 50% proposed.
  • The plans specify what items and materials might be stored on site. The applicant originally proposed screening the storage yard with an 8 foot high chain link fence, with privacy slats and closely-spaced arborvitae trees proposed only for the fencing facing Sullivan Ave.; however a change was approved allowing the green mesh material to be used for screening.  This has not proven effective and does not accomplish the necessary screening.  We have advised the applicant that other measures must be taken, such as the slats added into the fence, to better screen the outdoor storage from Sullivan Ave views.  
  • The parking requirement for the building is based on 1 space per 700 sf of gross floor area requiring 8 spaces.  The plans show 43 trailer parking spaces and 18 truck driver spaces. The parking requirement for the truckers is being met along the southerly fence boundary.  There is additional space to provide parking on site if necessary to create additional parking
  • There is no new lighting or new signage proposed.  In the event that additional lighting is added to the plans, it must conform to the zoning regulations;
  • There are regulated wetlands on the site.  The applicant received IWA/CC approval on 11/6/13 with a $5,000 bond to ensure compliance with the erosion and sediment control measures and a $10,000 bond for stormwater structures and a $5,000 for habitat plantings.  
  • There is a dumpster pad shown behind the building.
  • If this application is approved, an as built plan must be submitted prior to the property being utilized for trailer storage
The Town Engineer gave staff comments regarding the delineation and thickening of the pavement surfaces.

Commissioner Carroll asked Mr. Heintz about the arborvitae plantings and lighting. Mr. Heintz showed the plantings originally approved on the site plan and stated they are not opposed to submitting a lighting plan but none has been proposed. Chairman Pacekonis suggested it being a condition of approval. Commissioner Carroll and the Town Planner discussed fencing and screening.

Commissioner Carroll 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.
  • This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission, including bonds in the amount of $5,000 for erosion and sedimentation controls, $10,000 for the establishment of stormwater structures, and $5,000 for habitat plantings.
  • A landscape bond in the amount of $5,000 is required and must be submitted prior to filing of mylars.
  • All bonds must be in one of the forms described in the enclosed Bond Policy.
  • An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.11 of the Zoning Regulations and before the property is utilized for trailer storage.
  • 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).
  • Outdoor storage on the site must be in compliance with the approved site plan.
  • Engineering comments dated 11/26/13 must be addressed to the Town Engineer’s satisfaction.
  • Privacy slats are required in the chain link fencing on the front and easterly side of the site.
  • All the conditions of the original approval 2/13/08 remain in effect.
  • Site lighting shall be added subject to staff review.
Seconded by Commissioner Kuehnel
The motion carried and the vote was unanimous.

  • Appl. 13-50P, T & M Building Co., Inc. - request for a Site Plan of Development modification for minor site changes and architectural changes for the approved 155 unit multi-family development, to be known as “South Windsor Woods” (formerly Nutmeg Village), on 49.5 acres, for properties identified as L023 Pleasant Valley Road, and portions of 388 Pleasant Valley Road and a portion of R003 Nutmeg Road, located on the northerly side of Pleasant Valley Road, southerly of South Satellite Road and easterly of Nutmeg Road South, MF-AA zone
Mr. Ben Wheeler of Design Professionals, Inc described the history of the project under the name of Nutmeg Village. There is now a tentative agreement with T&M from Torrington to partner on the project under the name of South Windsor Woods. Plans have been revised so that  footprints are now slightly larger shown on the new plants although the number of units and buildings remain the same. The change is with with the building styles.

Mr. Steve Tempkin and Mr. Joe Duva of T&M Building Co., Inc. of Torrington went over the architectural design and proposed changes for the townhouses their garages.

Town Planner Lipe gave staff comments:
  • Request for Site Plan modification for the 155 unit multi-family development, now to be known as “South Winsor Woods”, on the remaining 49.5 acres, located on the northerly side of Pleasant Valley Road, southerly side of South Satellite Road and easterly of Nutmeg Road South, MF-AA zone
  • The site plan/special exception was originally approved on 7/24/12.
  • There are significant wetlands areas around the property. The applicant received IWA/CC approval 7/18/12.
  • Water and sewer are available to the site. WPCA approval ha been received.  Refuse pick up is proposed to be curbside.
  • Sidewalks are proposed along one side of all streets. A bus shelter has been shown at the entrance to the development.
  • As indicated, the changes proposed involve modifying some of the footprints and changing the style of the house designs. It appears that all other zoning requirements are being met.
  • The Architectural and Design Review Board reviewed this on 10/10/13 on the new designs for the houses.  Generally, they agreed in concept to many of the changes being considered and encouraged the applicant to continue in developing flexibility in the designs they were to offer.  One concern expressed is that commonality be maintained between the two aspects of the development and that similar materials, architectural elements and colors be used throughout the project. The Committee endorsed the architectural styles that were being pursued.  They indicated they would like to have the applicant return with the final colors and material samples for the project.
  • If approved, the Planning Department would request an approval condition that all the conditions of the previous approval remain in effect.
Town Engineer Doolittle gave staff comments.

Commissioner Carroll asked about the  changed depth and porches meeting setbacks. Mr. Wheeler replied they did. Chairman Pacekonis commented about the facets of the buildings and roofs. Mr. Tempkin stated it correlated to proper drainage. ARDC suggestions were discussed. All units will now have two car garages.

Commissioner Carroll made a motion to approve with the following modifications:
  • Prior to commencement of any site work, a meeting must be held with Town Staff.
  • All previous approval condition of Appl. 12-28P, Nutmeg Village stated in PZC letter dated 7/24/12 remain in effect.
  • The engineering comments dated 11/26/13 shall be incorporated into the final plans.
  • The applicant must return to the Architecture Design and Review Board to present final elevations and material board with colors.
Commissioner Kuehnel seconded the motion
The motion carried and the vote was unanimous.


  • Appl. 13-53P, South Windsor Little League and Town of South Windsor – request for site plan modification to construct a new, two-story concession facility and press box, on property located at 138 Ayers Road, A-20 zone
Mr. Andrew Krar, Civil Engineer with Design Professionals, Inc., presented the application for the new facility with concession stand, bathrooms, storage and press box upstairs.

The Town Planner gave staff comments:
Request for site plan modification for a two-story concession stand/press box, just over 1,000 sf in size, at the Little League fields at Ayers Road, A-20 zone. With this request, they are also requesting minor modification to some of the original approval conditions that were put in place when the lighting was first approved in 1999.
The new building is shown to be located on the existing footprint of the old building.  The elevations show that there are new goose neck lights and signage being added to the side of the building facing Ayers Road.  There are no other physical changes proposed to the site.
Architectural and Design Review Committee reviewed this application on November 7 and were please with the design as presented.
The ADRC had the following recommendations: additional soffit lighting be considered under the roofline.
The existing septic system will be abandoned and the new facilities will be hooked up to town sewers in Ayers Road.  WPCA approval is required.
The other changes being requested with this involve modifying a slightly some of the original approval condition placed on this proposal in 1999.  The changes include:
  • Allowing the facility, lights and concession stand, remain open until 10PM.  (current approval requires the light to be dimmed at 9:15 p.m. and turned off by (9:30 p.m. The concession stand was to close by 9 p.m.)
  • To allow tournament play to be allowed under the lights.  Currently this not permitted – however it would fall within the allowance of 38 games a year.
  • All other approval conditions would remain in effect.
If this application is approved, the Planning Department has no requested approval modifications.

The Town Engineer gave staff comments.

Commissioner Carroll asked questions if there would be a public hearing if neighbors had concerns about the PA system. Planner Lipe stated for significant changes a public hearing is required.

Mr. Al Maximino, and Mr. Tom Ruby of the South Windsor Little League discussed the proposed hours and lighting restrictions and answered questions.

Commissioner Carroll made a motion to approve with 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.
  • An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.10 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.
  • The lights and concession stand shall be closed by 10PM.
  • Tournament play is allowed under the lights; however no more than 38 games a year can be played under the lights.
  • Public address system is allowed to be used for tournament games, opening day and special events.
  • Engineering comments dated 11/26/13 must be incorporated into the final plans.
Commissioner Wilson seconded the motion
The motion carried and the vote was unanimous.

A motion was made to adjourn the meeting by Commissioner Wilson
Seconded by Commissioner Carroll
The motion carried and the vote was unanimous.
The meeting ended at 11 p.m.    


Respectfully Submitted,
Lauren L Zarambo
Recording Secretary