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PZC Minutes 01-14-14
MEMBERS PRESENT: Bart Pacekonis, Viney Wilson, Billy Carroll, Betty Kuehnel, Kevin Foley, Frank Bonzani
ALTERNATES PRESENT: Stephanie Dexter
STAFF PRESENT: Michele Lipe, Town Planner; Lauren Zarambo, Recording Secretary

APPLICATIONS OFFICIALLY RECEIVED:

  • Appl. 14-01P, Redland Brick, Inc. KF Plant – request for a special exception to article 7.16.4 for an earth removal permit and site plan, on property located at 1440 John Fitch Boulevard, I & RR zones
  • Appl. 14-02P, Folsom Construction – request for a 1 lot resubdivision to create one new building lot; a site plan modification for Lot #1 to add a 18,014 sq ft industrial building; and a site plan of development for Lot #2 to add 8,425 sq ft industrial building and associated parking, on property located at 595 Nutmeg Road North, I zone
  • Appl. 14-04P, Bruce Morris Major Home Occupation dba Morris Pet Grooming – request for a 5-year major home occupation to operate a mobile dog grooming business, on property located at 89 Juniper Lane, A-30 zone
  • Appl. 14-05P, Colavecchio Major Home Occupation dba Hair by Diane –request for a 5-year renewal of a major home occupation of a beauty salon on property located at 331 Smith Street, RR zone
  • Appl. 14-06P, Mitchell Excavation Permit - request for a special exception to article 7.16.4 for an earth removal permit and site plan, on property located at 1488 Sullivan Avenue, RR 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 into the record as it was published in the Journal Inquirer on January 2 and January 9, 2014.

Chairman Pacekonis seated Alternate Dexter for Commissioner Marrero.

  • Appl. 13-56P, TOSW Sullivan Avenue Zone Change – request for a zone change of approximately .56 acres from A-20 Residential to Industrial, for property located at 48 Sullivan Avenue
Mr. Matthew Galligan, Town Manager for the Town of South Windsor, presented the request for a zone change for a .56 acre at 48 Sullivan Avenue. Approximately fifteen years ago the Town bought the non conforming parcel from the State with the idea of accommodating lot coverage requirements for the expansion of an adjacent commercial property. After changing ownership numerous times that commercial property, All Phase, will begin a small expansion of its business. It is the Town’s intent to sell the property to All Phase and will retain the use of the ½ acre to accommodate a Welcome to South Windsor sign and use of the large evergreen for a Christmas tree.  

Town Planner, Michele Lipe, gave staff comments:

  • Request for zone change from Residential A-20 to Industrial for a .56 acre property located 48 Sullivan Ave. The minimum lot size in the requested zone is 30,000 sq ft.  The site is surrounded by Industrial zone to the south, east and west, and A-20 zone to the north. The possible uses in this zoning category include manufacturing, offices, warehousing, distribution centers, etc
  • At the time the state deeded the property to the town they restricted access to the property from Sullivan Avenue. It is the town’s intent to sell the property to an adjacent commercial property owner for a small expansion of his business.
  • The Town Plan designates this area for economic development. The plan also calls out specific attention to the Route 5 corridor and the desire to upgrade properties with special attention to parking and landscaping.
  • Another goal on the plan is to create gateway signage in our town. It is the town’s intent to negotiate an easement for gateway signage to be added to this intersection that will be maintained by the property owner.
  • In acting upon the zone change, the Commission shall take into account the various factors, favorable and unfavorable, to such a change, including but not limited to:
  • The goals, objectives, and recommendations of the Plan of Conservation and Development;
  • The purposes of zoning and of these regulations;
  • Changes that have taken place in the rate and pattern of development and land use within the Town and adjoining communities;
  • The supply of land available in the present and proposed zone;
  • The physical suitability of the land for the proposed zone;
  • The impact on the capacity of the present and proposed utilities, streets, drainage systems, and other improvements;
  • The general character and zoning of the neighborhood;
  • Impacts on the surrounding area;
  • Traffic congestion impacts;
  • The impact on surrounding property values;
  • The environmental impacts;
  • The health and general welfare of the community;
  • Neighborhood acceptance weighed against community needs; and
  • The protection of historic factors.
  • There is a 50 foot buffer requirement that will be required along the residential zone line at the time of a site plan.
  • The wetlands map does not show any regulated wetlands on this site.
  • Public water and sewer are available.
  • Site plan of development would be required prior to any commercial use of this site.
  • The zone change request was referred to CRCOG as required. CRCOG responded that:
  • If this zone change is approved, the Commission must state on the record that you have found the zone change to be consistent with the plan of conservation.
No one from the public spoke in favor of the application.

Ms Jenifer Carey, resident of 22 Sullivan Avenue directly across the street from the property, spoke in opposition to the application.  She wants to assure her corner property which begins a historical section is protected as residential as well as the large tree line which acts as an important buffer for sound and view.

Commissioner Foley asked the Town Planner if a buffer can be required when a site plan is submitted for All Phase. Commissioner Carroll asked the Town Manager to verify that the parcel cannot be built upon. Mr. Galligan replied their ability to expand is limited by restrictions that would be put in place at time of purchase. Chairman Pacekonis asked about creating a conservation easement around the evergreen tree for its protection.

The pubic hearing closed at 7:48 p.m.

REGULAR  MEETING / MADDEN ROOM

CALL TO ORDER:  Chairman Bart Pacekonis called the Regular Meeting to order at 7:52 p.m.

NEW BUSINESS: Discussion/Decision/Action regarding the following:

  • Annual Meeting
  • Election of Officers
Commissioner Kuehnel nominated Bart Pacekonis for Chairman, Commissioner Carroll seconded the motion.
Commissioner Wilson made a motion to close the nominations, Commissioner Dexter seconded the motion. The motion carried and the vote was unanimous.
Having no opposition, the secretary casts one ballot for Bart Pacekonis for Chairman.


Commissioner Bonzani nominated Commissioner Kuehnel for Vice Chair, Chairman Pacekonis seconded the motion.
Commissioner Foley nominated Commissioner Carroll for Vice Chair, Commissioner Wilson seconded the motion.
Commissioner Kuehnel made a motion to close the nominations, Commissioner Wilson seconded the motion.
The motion carried and the vote was unanimous.

Commissioners Bonzani, Kuehnel and Pacekonis voted for Commissioner Kuehnel for Vice Chair.
Commissioners Foley, Wilson and Carroll voted for Commissioner Carroll for Vice Chair.
Tie vote for Vice Chair. Voting for Vice Chair will be taken up again at the next regular meeting.


Commissioner Foley nominated Commissioner Wilson for Secretary, Commissioner Carroll seconded the motion.
Commissioner Kuehnel made a motion to close the nominations, Commissioner Wilson seconded the motion.
The motion carried and the vote was unanimous.
Having no opposition, the secretary casts one ballot for Viney Wilson for Secretary.

  • Review of By-Laws – There are no proposed changes to the By-laws. The By-laws are re-adopted by consensus.
  • Other Business - None
  • 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.
No one was present to make the request for renewal.

The Town Planner gave staff comments:

This is an application for a renewal of a 5-year major home occupation for a landscaping business, at 44 West Road, RR zone. The original permit was granted in 2003 and renewed in 2008 (expired in September). The lot size is about 2.3 acres.

The Commission should note that today a landscaping business cannot be proposed as a major home occupation, but this property is grandfathered.

The applicant’s original narrative defined the scope of the business. He indicated that all landscaping equipment used in his business is stored in the barn to the rear of the property. The only activity on-site is the departure and arrival of the trucks at the beginning and end of the day. The hours of operation are generally 7:30 a.m. – 5:00 p.m., Monday through Friday and Saturdays on occasion.

The reasons for requiring PZC approval and subsequent renewals are to ensure that:

  • the home occupation is clearly secondary to the use of the building for dwelling purposes;
  • the home occupation is compatible with other permitted residential uses in the residential district;
  • the residential character of the dwelling and the neighborhood are preserved, and;
  • all residents have freedom from excessive noise, excessive traffic, nuisances, fire hazards offensive odors and pollutants, and other possible effects of commercial uses being conducted in residential areas.
We have not received any complaints regarding this business during the 5 years it has been in operation. The applicant has indicated that there is one other employee involved in the business.  The regulations allow for a two sq ft sign, however he does not have any signage. There is no outdoor storage of material, and all vehicles are stored in the barn.
If this application is approved, the planning department would like to see a paved driveway apron installed within the street right-of-way. The applicant would also be required to return to this Commission upon expiration of the 5-year permit period.

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

  • The business must be operated by the homeowner.
  • The permit will expire on September 23, 2018, and will have to be renewed at that time.
  • Refuse from the business cannot be disposed of with residential refuse. Adequate arrangements must be made for business refuse disposal.
  • There is no outdoor storage of material nor disposal of material permitted on site.
  • A paved driveway apron must be constructed within the street right-of-way. A street cut permit is required prior to paving.
Commissioner Kuehnel seconded the motion.
The motion carried and the vote was unanimous.

  • Appl. 14-04P, Bruce Morris Major Home Occupation dba Morris Pet Grooming – request for a 5-year major home occupation to operate a mobile dog grooming business, on property located at 89 Juniper Lane, A-30 zone
Mr. Bruce Morris presented his request for a major home occupation for mobile pet grooming.

The Town Planner gave staff comments:

  • This is an application for a major home occupation for a mobile pet grooming business to be known as “Morris Pet Grooming”, located at 86 Juniper Lane, A-30 zone.  
  • The applicant is proposing to utilize a trailer that is 12’ long, 7’ high and 6’ wide.  This trailer will be garaged on the property. The applicant has indicated that he will be traveling to client’s homes and doing the grooming there, within the trailer.  There are no other improvements to the property being proposed.
  • The reasons for requiring PZC approval are to ensure that:
  • the home occupation is clearly secondary to the use of the building for dwelling purposes;
  • the home occupation is compatible with other permitted residential uses in the residential district;
  • the residential character of the dwelling and the neighborhood are preserved, and;
  • all residents have freedom from excessive noise, excessive traffic, nuisances, fire hazards offensive odors and pollutants, and other possible effects of commercial uses being conducted in residential areas.
  • Business generated waste and recyclable collection cannot be included with the residential trash pickup. Adequate arrangements must be made for business refuse disposal.  The applicant has stated that all waste products will be disposed of at the client’s homes.
  • The State Department of Agriculture regulates grooming facilities in homes and has standards including that the grooming area shall be kept disinfected, cleaned and sanitary at all times.
  • If this application is approved, the applicant would be required to return to this Commission upon expiration of the 5-year permit period.
Commissioner Carroll asked if another driveway would be added to the property and if the existing shed would be used for the business. Mr. Morris verified no other driveways were to be added or shed used for the grooming business. The Town Planner noted a concern which had been expressed whether any chemicals, byproducts or waste would be brought back to the home address. The applicant stated there would be nothing brought back to the site.

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

  • The business must be operated by the homeowner.
  • The permit will expire on January 14, 2019, and will have to be renewed at that time.
  • Only one non-resident employee can be hired.
  • The mobile grooming trailer must be garaged when not in use.
  • 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.
Commissioner Wilson seconded the motion.
The motion carried and the vote was unanimous.

  • Appl. 14-05P, Colavecchio Major Home Occupation dba Hair by Diane –request for a 5-year renewal of a major home occupation of a beauty salon on property located at 331 Smith Street, RR zone
Mr. and Mrs. Colavecchio requested the renewal of their major home occupation stating they have been in business for the past 17 years.

Chairman Pacekonis asked the applicant if they wanted to request any change to their renewal. The applicants stated there were none.

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

  • The business must be operated by the homeowner.
  • The permit will expire on 11/19/18, and will have to be renewed at that time.
  • Only one non-resident employee can be hired.
  • Hours of operation -  three days a week from 9 a.m. to 5 p.m.
  • Not more than two (2) cars are allowed in the driveway during business hours.
  • Refuse from the business cannot be disposed of with residential refuse. Adequate arrangements must be made for business refuse disposal.
Commissioner Wilson seconded the motion.
The motion carried and the vote was unanimous.

  • Review of architectural changes to Appl. 13-44P for a 15, 000 sf medical office building in the Evergreen Walk development, Unit 14, on property located at 151 Buckland Road, GD zone
Mr. Alan Lamson of FLB Architecture & Planning of East Hartford described the proposed architectural changes to the site plan approval granted previously by the Commission. Since that site plan approval was granted a buyer has come forward and has requested architectural elements to change for a more classic look. The site plan and size of the building are unchanged.

The Town Planner stated the changes were favorably received by ADRC.

Chairman Pacekonis asked about the entrance details.

Commissioner Wilson made a motion to approve the architectural changes. Commissioner Kuehnel seconded the motion.  The motion carried and the vote was unanimous.

  • Appl. 13-56P, TOSW Sullivan Avenue Zone Change – request for a zone change of approximately .56 acres from A-20 Residential to Industrial, for property located at 48 Sullivan Avenue
Chairman Pacekonis asked if a conservation easement would be the best way to protect the large evergreen tree on site. The Planner stated a combination conservation and signage easement may work. She encouraged viewing the site to see the large tree buffer noted by the adjacent neighbor in the public hearing in order to protect those trees under an easement. All Phase intends to do a small expansion of their building and parking area using the parcel to benefit their coverage ratio. The purchase agreement will most likely be contingent on receiving all approvals. Commissioner Foley encouraged protecting the adjacent property owner with a buffer. The Planner stated it will be best addressed at the time of the variance application. Commissioner Foley stated if the evergreen tree is moved as described it will require $250,000 in costs to assure it will survive.

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

  • The Planning and Zoning Commission finds that the zone change is in conformance with the Town Plan of Conservation and Development.
  • Within ninety days, a zone change map (1” = 40’) with an A-2 certification must be filed on the land records, showing all boundary lines and the acreage of the land where the zone change was granted.  The map shall be drawn in accordance with the rules and regulations of the State Board of Registration for Professionals Engineers and Land Surveyors and shall be stamped and signed by a Registered Land Surveyor.  The zone change map must be submitted on black and white mylars, with this approval letter thereon, together with three blueprint copies of the Zone Change.
Commissioner Wilson seconded the motion.
The motion carried and the vote was unanimous.

  • Preliminary discussion with Peter DeMallie regarding the potential rezoning/uses of the northern portion of Route 5
Mr. Peter DeMallie of Design Professionals Inc began the preliminary discussion about the potential of rezoning the northern portion of Route 5 representing Mr. William Tellier and parents who reside in the northern section of John Fitch Boulevard. Both Mr. Tellier and Mr. DeMallie spoke to the Commission during the development of the POCD to consider rezoning the area north of the Scantic River floodplain on Route 5 stating all of RT 5 except for the East Windsor Hill area is zoned commercial or industrial. Mr. DeMallie noted the large volume of daily traffic on Route 5 which travels in excess of 45 mph.

The Tellier family owns 2045 John Fitch Boulevard which has a building and a rear commercial parking lot which received a use variance in 1985 to allow the building to be used for professional offices. It was used in that way for twelve years. The Tellier’s would now like the area to be zoned commercially as an extension of the GC zone so they can develop their property to house an indoor recreation center for competitive cheer leading and indoor soccer, volley ball and basketball. They plan to reconfigure their parcels to have the commercial building on a separate parcel from the two residential homes to create three separate parcels. They would apply for a zoning amendment prior to applying for site plan approval.

Letters from the family and neighbors in support of their proposal were submitted to the Commission.

The Chairman stated this is a preliminary discussion. The Town Planner noted in updating the POCD this area was recognized as a transition zone where it was suggested that the residential use could be combined with an expansion of major home occupation use. The Chairman read from the POCD concerning creating a new rural transition zone to carefully manage building size and placement to be set further back from the road. The uses for this new zone should not generate large volumes of traffic or have the need of large parking areas.

Mr. Bob Carney, resident and neighbor of the Tellier’s, spoke in support of the Tellier’s and their plan.

Mr. Justin Darcey, resident and neighbor of the Tellier’s, spoke in support of the zoning change which might also benefit his business. He likes the idea of the area becoming residential with commercial use.

Ms Amy Bailey introduced herself as the potential tenant of the Tellier’s building. They have been in business teaching competitive cheerleading and tumbling since 2010 in East Windsor with over 100 students.

Mr. William Tellier, whose parents own the property, stated he has met with 95% of his neighbors who are in support of their project.

Commissioner Foley stated it is time for a change in the area.

The Town Planner asked for clarification on the plans. Mr. DeMallie stated they are looking for lot line revisions and zone changes with an expansion of the GC zone. Chairman Pacekonis stated that would be in direct conflict with how the POCD is worded presently. Planner Lipe asked for the size of the proposed building. Mr. DeMallie stated the indoor recreation facility would be just over 26,000 sq ft. with about 70 parking spaces with the farm to be used as temporary overflow parking. Commissioner Carroll described the size of the building as over ½ acre and larger than what the POCD guides. The Planner stated if an area is rezoned then all uses for that zone will be allowed. Commissioner Foley noted buildings were planned to be set back from RT 5.

Chairman Pacekonis stated the Commission cannot do anything in direct opposition to the POCD and can not support a general commercial zone for the area but rather a new zone to create an attractive transition area on Route 5.  No action was taken on this item as it was a preliminary discussion.

BONDS: Callings/Reductions/Settings

Bond Setting:

  • Appl. 07-69P, Dzen Tree Farm Phase 4 Subdivision Bond in the amount of $374,800
Commissioner Wilson made a motion to approve the above mentioned bond. Commissioner Carroll seconded the motion. The motion carried and the vote was unanimous.

Bond Reduction:

  • Appl. 07-69P, Dzen Tree Farm Phase 4 Subdivision Bond in the amount of $374,800 to be reduced by $254,800 to leave a balance of $120,000
Commissioner Wilson made a motion to reduce the above mentioned bond. Commissioner Carroll seconded the motion. The motion carried and the vote was unanimous.

  • Appl. 11-32P, Metals Testing E&S Bond in the amount of $5,000 to be reduced by $5,00 to leave a balance of -0-
Commissioner Wilson made a motion to reduce the above mentioned bond. Commissioner Carroll seconded the motion. The motion carried and the vote was unanimous.

MINUTES:  1/7/14 adopted by consensus.

OLD BUSINESS:   see page 3

OTHER BUSINESS:  

CORRESPONDENCE / REPORTS:

ADJOURNMENT:

Motion to adjourn the meeting at 9:50 p.m. was made by Commissioner Kuehnel
Seconded by Commissioner Wilson
The motion carried and the vote was unanimous.

Respectfully Submitted,
Lauren L Zarambo
Recording Secretary