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PZC Minutes 01-07-2014
MEMBERS PRESENT: Bart Pacekonis, Betty Kuehnel, Kevin Foley, Frank Bonzani
ALTERNATES PRESENT: Stephanie Dexter
STAFF PRESENT: Michele Lipe, Town Planner; Jeffery Doolittle, Town Engineer; Lauren Zarambo, Recording Secretary

PUBLIC HEARING / COUNCIL CHAMBERS

CALL TO ORDER:  Chairman Bart Pacekonis called the Public Hearing to order at 7:31 p.m.

Commissioner Kuehnel read the legal notice into the record as it was published in the Journal Inquirer on December 26, 2013 and January 2, 2014.

Chairman Pacekonis seated Commissioner Dexter for Commissioner Carroll.

  • 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 (narrative enclosed)
Ms Karen Isherwood, Isherwood Engineering, representing Mr. Doug Nation, presented the request showing a site plan for the aerial park including a drawing showing the existing wooded area, drainage and trails. They plan to put in an access driveway, parking lot, a Klotter Farm type shed, storage container and port-o-lets. The aerial trails will include zip lines. The park is proposed to be open April 1st thru Thanksgiving day weekend which will offer employees of Nomads and Revolutions seasonal work during their off peak times. Electricity will be brought in for vending machines to be placed near shed. Site lighting was described. Gerhard Komenda of Tree-Mendous Adventures was present to answer any questions.

They will sell three hour tickets at Nomads or Revolutions for the course. A shuttle bus from Revolutions’ parking area will run as needed. 40 parking spaces will be on site. Signage has been added to the site plan for no trespassing along western and northern boundaries in response to neighbor concerns about trespassing.

Town Planner, Michele Lipe, gave staff comments:

  • Request for special exception to section 7.13 and a site plan to allow an outdoor aerial park including zip lines, on property located at 240 Governor’s Highway, I zone. The applicant intends to use approximately half of the existing parcel.
  • The PZC had previously determined that use would be considered as an outdoor recreation facility which is permitted by special exception and site plan approval in industrial zones.
  • Applications for special exceptions may be approved if the Commission determines that:
  • The proposal is consistent with the goals and objectives of the Plan of Conservation and   Development.
  • The application has met the requirements of the zoning regulations.
  • The land is physically suited to the proposed use.
  • Minimal, if any, adverse environmental impacts are created.
  • No traffic or other hazards will be created.
  • The impacts on the capacity of the present and proposed utilities, street, drainage systems, sidewalks, and other elements of the infrastructure will be minimal.
  • There will be minimal or no adverse effects on existing uses in the area.
  • Surrounding property values will be conserved.
  • The character of the neighborhood will be maintained or minimally disrupted.
  • The general welfare of the community will be served.
  • There is a balance between neighborhood acceptance and community needs.
  • Historic factors are adequately protected; or due consideration to preservation of historic factors has been demonstrated.
  • The overall physical appearance of the proposed development is compatible with surrounding development and the Commission’s goals for the neighborhood/corridor.
  • The architectural design is aesthetically pleasing and blends well into the surrounding area.
  • The Commission may impose additional conditions in accordance with these regulations in order to ensure that all applicable criteria enumerated above are satisfied.
  • This property is entirely surrounded by industrially zoned land.
  • The proposed activities include: aerial forest trails and zip lines. The applicant has provided a site layout and a narrative detailing various aspects of the outdoor uses and hours of operation.
  • This will be a seasonal operation running from April 1st through Thanksgiving.  The proposed hours of operation are: during the spring and fall months M-F 2 PM - dusk and Sat and Sun 9 AM – dusk. During the summer months they propose M-Sun 9 AM – dusk.  Any noise emanating from the site would have to comply with the town’s noise ordinance.    
  • The site plan shows the proposed structures and parking layout on site.  The gravel access drive will have a one way circulation pattern around the site.  Forty spaces have been shown for employee and customer parking. Lighting for the parking area has been provided.
  • It is the applicant’s intent to have patrons park at the Revolutions site on Bidwell Road and there will be a shuttle service to transport folks to and from their property. Additional parking is available at property at 195 Governor’s Highway for the use by Revolutions.  
  • Sanitary facilities needs are being addressed with port-a-potties.  A dumpster is shown on a concrete pad and screened. A gate has been shown at the entrance to prohibit access after hours.
  • Any other outdoor activities would require addition approval from this Commission.
  • In reviewing the aerial, the western portion of this site has had a history of being used for trailer and equipment storage. This has been the subject of a zoning violation; and has not yet been fully resolved.  Staff would recommend an approval condition that states that the remainder of the site has to be cleaned up (subject to the zoning officer approval) prior to the opening of the facility.
  • If this application is approved, the Planning Department requests no additional approval modifications.
Town Engineer, Jeff Doolittle, stated his concerns have been addressed and has no additional comments.

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

Commissioner Kuehnel read a letter written in opposition from abutting property owner, Dorothy Bergdorf, into the record (Exhibit A).

Commissioner Dexter asked how trash removal will be addressed. Ms Isherwood stated pick up will be weekly with continual policing of the site for litter by staff.

Commissioner Foley asked how far from the Burgdorf property are the trails located. Ms Isherwood noted the center platform area is 100 feet from the abutter’s property line. There will be a trail between the platform and abutter’s property 30 or 40 feet from her property and in one area as close as 8 feet off her property line. The Town Planner clarified the location of the property and trails.

Commissioner Kuehnel asked where facilities will be located. Ms Isherwood stated there will be four port-a-potties on site.

The Planner stated the Special Exception approval and conditions would run with the land.  She also stated the Public Act 490 Assessment on the property is something the assessor’s reviews annually and any change of the use of the property is addressed at that time.

Commissioner Bonzani asked if there will there be a maximum number of people allowed on the course. Ms Isherwood replied there are 120 harnesses proposed, so there will be a 120 maximum capacity at one time. She then stated operations are to cease at dusk and explained further. Chairman Pacekonis asked if there will be timers for the shut off of lights. Ms Isherwood stated the park could be used for corporate events at night.

Mr. Gerhard Komenda spoke about safety at the park at night. The main entrance will be gated and the main platform cannot be accessed at night because its drawbridge will be closed. Participants cannot back track on the course which finishes on a zip line. The operation owner’s requests flexibility for nighttime hours to have night climbs until 9 or 10 p.m. Head gear lights and glow sticks can be used. Chairman Pacekonis asked again about timers for lights. The applicants stated lights will be off when the park is closed.

The Chairman asked for parking to be clarified. Planner Lipe stated there are 150 reserve spaces at Revolutions. The Chairman stressed the importance of avoiding the necessity of people walking across Governors Highway for parking. He asked if it will be a non smoking facility with the location in a wooded area. Ms Isherwood stated it will be.  

Ms Isherwood stated the plan shows potential for ball fields for future outdoor group activities. Mr. Doug Nation described an organization of about 250 people that regularly visits Nomads for dodge ball and volley ball and he may return to the Commission to ask for seasonal outdoor volley ball, dodge ball fields. He also described the potential for obstacle courses and other outdoor activities.

The pubic hearing closed at 8:10 p.m.


SPECIAL MEETING / MADDEN ROOM

CALL TO ORDER:  Chairman Bart Pacekonis called the Special Meeting to order at 8:15 p.m.

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

  • Annual Meeting was postponed until the next regular meeting.

  • Appl. 13-46P, Stage Door Hair Design – request for renewal of a 5-year major home occupation for a hair salon on property located at 84 Ronda Drive, A-20 zone
Ms Josephine Tanner presented her request for renewal for her hair dressing business. She indicated that she is working approximately 20 hours per week.

The Town Planner gave staff comments:

This is a request for a renewal of an existing 5-year major home occupation permit to operate a hair salon, for property located at 84 Rhonda Drive, A-20 zone. The original 5-year permit was granted in July 1997, at which time the applicant added a new garage and remodeled the existing garage for the salon. The permit was renewed in 2003 and 2008 as required.

The original and renewal approval conditions included:
  • The hours of operation are proposed to be 20 hours a week;
  • Operation of the salon is restricted to the present owner;
  • Only one non-resident employee may be hired;
  • Refuse from the business cannot be disposed of with residential refuse.  Adequate arrangements must be made for business refuse disposal; and
The reasons for requiring PZC renewal are to ensure that the home occupation remains clearly secondary to the use of the building for dwelling purposes and remains compatible with other permitted residential uses in the residential district. Our office has received no complaints regarding operation of the salon.
The applicant needs to obtain WPCA approval for the business.
The applicant is allowed a two square foot sign, however has not had a sign in the past and is not proposing a sign at this time.
If this application is approved, the applicant will be required to return to this Commission again for renewal upon expiration of the 5-year permit renewal period.

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

  • Operation of the salon is restricted to the present owner.
  • The permit will expire on June 24, 2018, and will have to be renewed at that time.
  • Only one non-resident employee can be hired.
  • If a sign is desired, it must meet size requirements in the South Windsor Zoning Regulations.
  • Refuse from the business cannot be disposed of with residential refuse. Adequate arrangements must be made for business refuse disposal.
  • Any new building, or alteration/additions to existing buildings, requires a building permit prior to start of construction.
  • WPCA approval is required.
Commissioner Bonzani seconded the motion.

The motion carried and the vote was unanimous.

  • 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”
Planner Lipe reviewed the requested amendment’s prior presentation.

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

  • The Planning and Zoning Commission finds that the zone text amendment in conformance with the Town Plan of Conservation and Development.
  • The effective date of the zone text change is 01/12/2014.
Commissioner Kuehnel seconded the motion.

Chairman Pacekonis requested that porches be included as part of the 20 % and to amend the approval modifications to reflect:

  • Change “Building Area” definition to read – “Building Area: The aggregate or the maximum horizontal cross section area of the main building (and its roofed portions) on the lot and its accessory buildings.”
The motion carried and the vote was unanimous.

  • 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
Chairman Pacekonis stated there has been much testimony and time for consideration. Commissioners Foley and Bonzani stated they had reviewed the tapes, draft minutes and exhibits from both public hearings and were prepared to vote.

Planner Lipe stated approval conditions have been drafted and Town Attorney has added clarification.

The Chairman stated there were still questions on the numbers of horses. The applicant presently has 11 and is asking for 20. Commissioner Foley made a recommendation for 18 horses since the number is no longer based on grazing and they have the facility to house and care for at least 20. Commissioner Kuehnel concurred.

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

Special Exception forms to go on file for both properties.

In granting this special exception, the Commission recognizes its authority to impose conditions and the Commission finds that conditions set forth herein are integral to this approval and not severable from it, and that but for such conditions and modifications, the Commission would have denied the application as not meeting the criteria for approval of such a special exception under the circumstances.

  • This permit is to operate a horse facility for breeding, training, instruction and showing horses.  This approval is for a maximum of 18 horses on the combined property of 112 Pheasant Way and 1080 Avery Street.  
  • The Commission has reviewed the application, all of the plans, documentary evidence, testimony and reports from staff regarding the proposed horse facility and finds that approval of the application, with the conditions contained herein, is only appropriate where the horse facility use at all times encompasses the combined properties (1080 Avery Street and 112 Pheasant Way) as proposed to this Commission by the applicants.~ Accordingly, if at any time the horse facility is no longer operating on or using the combined properties and all portions thereof as proposed in this application, this permit shall be void and the property owners must reapply to the Commission for a new special exception demonstrating compliance with the zoning requirements for a new Commercial Animal Agriculture permit.
  •  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.
  • All free standing signs and/or building signs require the issuance of a sign permit before they are erected.
  • The property must be fenced, in whole or in part, to contain the horses within the property.
  • Housing/stabling of horses is restricted to the rear yard of the premises. Use of trailers for stabling horses is not permitted.
  • Manure storage and handling must adhere to the storage/handling plan presented. If the applicant wants to make changes to the storage/handling arrangements, the changes must be approved by Town staff prior to implementation. Manure shall not be allowed to accumulate to cause any health hazard, and shall be subject to inspection by the Health Officer. Fly control measures are required.
  • Refuse from the business cannot be disposed of with residential refuse. Adequate arrangements must be made for business refuse disposal.
  • No public events, activities, show, etc. can be held at this site unless further approval is granted by this Commission.  No public address system is allowed to be used on site.
Commissioner Foley seconded the motion.

Chairman Pacekonis noted for the record the volume of testimony which had been submitted from neighbors with concerns that the farm will change the neighborhood as well as from people of the community who complemented the way the farm was run. There were no comments to the negative about how the farm was run. He is confident the approval conditions will adequately address the issues which have been raised.

The motion carried and the vote was unanimous.

  • 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
Commissioner Dexter made a motion to approve with the following modifications:

  • The Temporary and Condition permit will expire on November 26, 2015 and must be renewed before that time if the use is to continue.
  • All free standing signs and temporary signs require the issuance of a sign permit before they are erected.
Commissioner Foley seconded the motion.

The motion carried and the vote was unanimous.

  • 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
Commissioner Bonzani 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.
  • A landscape bond in the amount of $1000 is required and must be submitted prior to the issuance of a certificate of occupancy if work is not completed.
  • 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 9.1.3 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.
  • If a State Traffic Commission certificate is required, no building permits will be issued until the certificate has been issued (per CGS §14-311).
  • This facility can not open until the western portion of the site has been cleaned up and all equipment trailers have been removed (which are currently a zoning violation) are removed from the site.
  • Any additional recreational activities would require further approval from this commission.
  • Commissioner Kuehnel seconded the motion.
  • Chairman Pacekonis requested an additional approval condition that it be a non smoking facility to avoid burn-ables in wooded areas. Commissioner Foley suggested a designated smoking area to be located near the parking area.
  • This will be a non-smoking facility except for a specially designated area (ie: Stone / asphalt or concrete area).
The motion carried and the vote was unanimous.

  • Preliminary discussion with Mannarino Builders regarding a potential Clark Street development
Mr. Todd Mannarino of Mannarino Builders distributed to the Commission preliminary site plans of a proposed 18 lot DRZ Site. The entrance for the cul de sac development will be off Clark Street. Four units out of 18 will be affordable housing. A buffer will be planted in the front at Clark Street and around the perimeter of the site. An association will take care of yard maintenance. Mr. Mannarino described it as a good transition area between multi-family and RR zones and described Clark Street as a collector road. He showed large photos of other housing the developer had built previously in DRZ’s and handed out housing data profile information stating it will be a great transition starter home development for the town.

Commissioner Foley asked how affordable housing is delineated from other housing. Mr. Mannarino stated there is no difference in the housing materials or style. The homes must be dispersed throughout the development and are sold at lower cost.

The Town Planner stated the development would not be considered a subdivision but would have a common interest community ownership. Open space areas are required and the regulations caps unit sizes at 1400 sq ft.  It requires the affordable units to be dispersed among the other units. This use would require a two step zoning process- the initial request would be for a zone change and general plan of development, followed by a special exception/site plan request.

Chairman Pacekonis noted sidewalks are shown only on one side of the street and not on Clark Street at all. Also, the Town has the standard of 3 driveways on a cul de sac where the site plan appears to have 5. Mr. Mannarino replied they can tweak their plan. The Chairman stated sidewalks are part of the Town Plan of Conservation and Development in order to make walk able communities. Clark Street is very busy as a collector road and sidewalks would be a vast improvement for the future.  

Mr. Mannarino stated it is proposed as a town road with municipal garbage pick up, snow plowing and mail delivery for each residence. They would like to proceed forward and submit applications.

Commissioners Foley and Bonzani agreed it is a good use of the land. Trailer parking shown on the site plan was discussed and would not be necessary if parking of trailers was not allowed on the properties.

Chairman Pacekonis confirmed consensus that the Commission is looking at the proposal favorably.

  • Preliminary discussion with Karin Bromley regarding potential commercial animal agricultural use (letter enclosed)
Ms Bromley was not present but the Planner described 253 Main Street and the use of animal agriculture for dogs and horses. A horse farm / country dog camp would have a small commercial footprint and low traffic. The proposed free range dog camp could meet criteria.

Commissioners commented that dogs and horses do not mix well and would have to be separated. Details would have to come in on a site plan. A good step will be to speak with neighboring property owners. Commissioner Foley stated the property has been vacant for 3 years and does not want to see it go into disrepair.

BONDS: Callings/Reductions/Settings

  • Appl. 07-69P, Dzen Tree Farm Phase 3 Subdivision Bond in the amount of $209,000 to be reduced by $79,000 to leave a balance of $130,000.
Commissioner Dexter made a motion to reduce the above mentioned bond. Commissioner Keuhnel seconded the motion. The motion carried and the vote was unanimous.

MINUTES:  9/24/13, 10/8/13, 10/22/13, 11/12/13, 11/26/13, and 12/3/13
All draft minutes were adopted by consensus with 11/12/13 corrected to show that Commissioner Kuehnel extended the meeting past 10 p.m.

OLD BUSINESS:   see page 3

OTHER BUSINESS:  

Acceptance of withdrawal letter received on 12/10/13 for Appl. 13-41P, Redland Brick, Inc. KF Plant – request for 5-year renewal of the special exception to article 7.16.4 for an earth removal permit and site plan, Phases 6 and 7, on property located at 1440 John Fitch Boulevard, I & RR zones

Chairman Pacekonis verified only elected officials can vote in the annual election as shown in the bylaws.

CORRESPONDENCE / REPORTS:

ADJOURNMENT

Motion to adjourn the meeting at 9:28 p.m. was made by Commissioner Kuehnel
Seconded by Commissioner Foley
The motion carried and the vote was unanimous.

Respectfully Submitted,
Lauren L Zarambo
Recording Secretary